CCSF

No decision yet following charged hearing to stall City College closure

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At a Dec. 26 hearing in San Francisco Superior Court, the City Attorney’s office argued that City College of San Francisco should not be shuttered, as long as San Francisco’s lawsuit against a regional accrediting commission remains in court.

The two-year community college, which serves roughly 85,000 students, was notified earlier this year that the regional Accreditin​g Commission for Community and Junior Colleges would terminate its accreditat​ion in July 2014, rendering the school’s degrees worthless.

It would be forced to close.

In August, City Attorney Dennis Herrera filed suit against the ACCJC, alleging the closure action was improper, unwarranted, and out of line with the agency’s prior actions. 

At yesterday’s court hearing, litigators from Herrera’s office argued for a preliminary injunction against ACCJC, to keep the college open at least for the duration of the court proceedings.

Stop, halt, cease, desist. That was the City Attorney’s goal yesterday: keep City College open until the case is decided.

While yesterday’s hearing was focused on the injunction, the substance of Herrera’s complaint against the ACCJC — alleging that its members were acting improperly as advocates for greater austerity, among other things — came into play many times.

The litigators argued from morning till late afternoon, taking only brief recesses. While Judge Curtis Karnow subjected viewpoints from both sides to microscopic examination, there was no decision by the end.

It’s not yet known when Karnow will issue a ruling. 

“Judge Karnow did not rule from the bench, he issued no tentative order, and he gave no indication of how he intends to rule before concluding today’s hearing,” City Attorney spokesperson Matt Dorsey noted in a statement following the hearing.

In the meantime, a few statements made in court could shed light onto the outcome. We’ve highlighted a few of them below, along with some key questions.

Attorneys Phillip Ward and Andrew Sclar represented the ACCJC, in opposition to Deputy City Attorney Sara Eisenberg and labor lawyer Robert Bezemek, who appeared on behalf of the California Federation of Teachers.

We thought we’d present the case a bit differently, and give background to some of the main arguments and then write the main arguments attorneys made to address them. Each argument is prefaced first, and links are provided for further reading:

1. Herrera’s suit alleges that ACCJC commissioners acted improperly as advocates. That would mean they not only went beyond their role as objective accreditors, but sought to advance a political agenda against CCSF’s inclusive approach to higher education. They address that here.

Judge Curtis Karnow: All of those expression of political views, if you will, by either the staff or the commission itself, are being cited as the “true agenda” that they’re trying to unmask.

ACCJC counsel Philip Ward: There are problems, big problems, at City College of San Francisco…. all of those problems are the product of the so called “open access” mission and the new educational priorities that they’re saying are being shoved down CCSF’s throat.

Innuendo, character assassination … shows us that is what’s being targeted by the plaintiffs allegations.

City College has been kicking the can down the road for six years.

2. Herrera’s motion for an injunction argues that, even as the case is being decided, the school will suffer harm in the interim. How would this injunction soften the blow?

Judge Curtis Karnow: The real thrust of the motion seems to be that the uncertainty has generated behavior by faculty [and] students to depart, and this all stems from uncertainty harm.

When did this uncertainty harm start? How will the actions of this court affect anything? If there’s another hearing in July, won’t there be more uncertainty, even if I issue an injunction?

CFT counsel Robert Bezemek: Declarations filed show that there have already been instances that harm has already been felt. 

For example, (City College’s) radiology program is top in the nation above John Hopkins University. They’ve been given an execution date, everyone knows that. There’s an order to remove the college’s accreditation in July 31. When it got that order, students started to leave the college in droves. 

Deputy City Attorney Sara Eisenberg: We’re asking, your honor, right now for something that won’t happen until further down the road… but there’s real harm happening right now. Latest numbers show enrollment is down 27 percent.

3. Can the ACCJC base its decision to close City College on fiscal issues, rather than educational shortcomings?

CFT counsel Bezemek: We do not deny that they have financial issues… the quality of education is what they’re here (the ACCJC) to measure. But you have to find that the harm from the financial issues warrants shutting the school down the only community college in San Francisco. That it is the fundamental part of accreditation. 

Judge Karnow: So your position is that no matter what bad things the college has done, the commission can’t withdraw its accreditation?

CFT counsel Bezemek: No, we’re saying they have to show substantial evidence. 

(The ACCJC’s) ‘internal review’ is a joke. An injunction would provide huge relief.

accjc counsel

Counsel for the Accrediting Commission for Community and Junior Colleges, Andrew Sclar and Philip Ward, confer during a break at a preliminary injunction hearing regarding City College of San Francisco on Dec. 26, 2013. Photo by Sara Bloomberg

4. Is it within the ACCJC’s power to delay City College’s closure?

Judge Karnow: What if we just dropped the process now? 

ACCJC counsel Sclar: There certainly would be harm to us. If we do not enforce sanctions or bring a non compliant institution into compliance within a two year period, we would be at risk of losing our recognition with the United States Department of Education.

It’s going to have a chilling effect on all accrediting agencies.

Judge Karnow: Is there any evidence of that in the record?

ACCJC counsel Sclar: No, there hasn’t (been). 

Deputy City Attorney Eisenberg: If the people aren’t permitted to seek relief through an (injunctive) action, there’s no other recourse.

The ACCJC has demonstrated a very cavalier attitude in this case. We’re talking about closing the only community college in San Francisco. Many students don’t have access to other colleges otherwise. The relief that we are asking for here is quite modest. It has been granted before… and it didn’t do anything other than hit the pause button.

December 25 – 31, 2013

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WEDNESDAY 25

The Future of Farming Humanist Hall, 390 27th St, Oakl. www.humanisthall.org. 6:30-9:30pm, $5 donation. Following a potluck and social hour, this event will feature a screening of wildlife filmmaker Rebecca Hosking’s documentary, A Farm for the Future. With awareness of the looming implications of peak oil, Hosking returns to her family’s small farm in England with the aim of transforming it into a low-energy operation that is not dependent upon fossil fuels. The hour-long documentary is a valuable addition for broader experimentation with post-fossil fuel agricultural systems, showcasing pioneer farmers who are exploring alternatives like forest gardening and permaculture, while exposing the viewer to how unsustainable the current system is.

 

THURSDAY 26

Support CCSF in court State Superior Court Room 304, 400 McAllister, SF. 8:30am, free. Show your support for City College at the State Superior Court hearing on the school’s request for injunctive relief from the actions of the ACCJC, the private agency that voted to terminate CCSF’s accreditation this past summer. The lawsuit, filed by City Attorney Dennis Herrera, claims that the ACCJC’s decision was motivated by political biases, conflicts of interest and a flawed evaluation process. If CCSF is successful in court, that decision could be revoked and City College will be saved. The presence of San Francisco residents at the hearing is important because to demonstrate widespread support for this critical institution.

 

FRIDAY 27

Solidarity action for striking Korea railway workers Korean Consulate, 3500 Clay, SF. www.transportworkers.org/node/961. Noon—2pm, free. Join the Transport Workers Solidarity Committee in collaboration with United Public Workers For Action as they protest firing of 8,565 Korean railway workers. The workers, who have been on strike since Dec. 9, were terminated for striking against the privatization and union busting tactics used by the Korean government.

 

TUESDAY 31

New Year’s Eve Noise Demo Oscar Grant Plaza, 14th and Broadway, Oakland. http://tinyurl.com/NYENoiseDemo. 9:30 p.m. Free. Help bring noise to the inmates of the North County Jail this New Years Eve by marching from Oscar Grant Plaza to the jail. Those opposed to prison society are hosting a nationwide march as a sign of solidarity with prisoners across the globe, and the local manifestation of this demonstration is in Oakland.

 

Alerts: December 4 – 10, 2013

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WEDNESDAY 4

Fight Richmond evictions Richmond Recreation Center, 251 18th Ave, SF. 7pm, free. The San Francisco Alliance of Californians for Community Empowerment (ACCE), the Housing Rights Committee, and Senior & Disability Action will host this forum to discuss strategies to fix the city’s affordable housing crisis, particularly as it affects in the Richmond District. Sup. Eric Mar is expected to attend.

 

THURSDAY 5

 

Celebrate the Holidays! (With Less Stuff) Berkeley Fellowship of Unitarian Universalists Hall, 1924 Cedar, Berk. 7-10pm, $5-10 suggested donation. Join Transition Berkeley, Sticky Art Lab and Berkeley Fellowship of Unitarian Univeralists for a screening of Annie Leonard’s famous animated documentary, “The Story of Stuff,” about the environmental and social problems created by our excessive consumption patterns. The night will also feature a screening of “The Story of Solutions,” showcasing creative responses to these problems. The night will also feature talks by Allison Cook, from The Story of Stuff Project, and Rachel Knudson from Sticky Art Lab on University Avenue, who’ll speak about this innovative new center for art and creative reuse.

 

FRIDAY 6

 

Book reading on migrant journeys Modern Times, 2919 24th St, SF. 7pm, free. El Salvadoran journalist Óscar Martínez, winner of Mexico’s Fernando Benítez National Journalism Prize and the José Simeón Cañas Central American University Human Rights Prize, will appear at Modern Times bookstore for a reading from his new book, The Beast: Riding the Rails and Dodging Narcos on the Migrant Trail, published by Verso Books. The writer spent two years riding freight trains between Central America and the Southern US border, and documented accounts of a mass kidnapping and other harrowing stories.  

Meet CCSF’s new chancellor Saint Philip Church, 725 Diamond, SF. 7:30pm, free. The Noe Valley Democratic Club, San Francisco for Democracy, and the Upper Noe Neighbors will host the new Chancellor of City College of San Francisco, Dr. Arthur Tyler, for a conversation with community members. Join in to listen to his remarks and participate in a question and answer session. MONDAY 9  

Talk with Chelsea Manning’s lawyer Humanist Hall, 390 27th St., Oakl. www.couragetoresist.org 6:30-8:30pm, $5-10 suggested donation. David Coombs, the attorney of Chelsea Manning, formerly Private Bradley Manning of the US Army, will speak about Manning’s status following her sentencing in August 2013. The whistleblower, who published classified information about US military activity in Iraq and Afghanistan on the website WikiLeaks in 2010, leaked the largest set of classified documents in US history. Coombs will discuss what’s being done to support the prisoner of conscience since she was sentenced to 35 years in prison for her actions, which were charged as violations of the Espionage Act and other offenses.

City College Trustee resigns, protesting state takeover

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Democracy is a thing of the past at City College of San Francisco, and now one member of its elected board has had enough. City College Trustee Chris Jackson announced today that he is resigning from the college board to protest the state takeover of the school, and he explains his reasoning in an op-ed in this week’s Guardian.

“I came to City College to do good work,” Jackson told the Guardian. “At this point it’s impossible to do that work I set out to do. That’s why I’m leaving.”

Jackson was first elected to City College’s board in 2008, but in 2013 he was a trustee in name only. The day City College was told it would lose its accreditation was also the day it lost its Board of Trustees. Those democratically elected by San Francisco voters to lead City College were pushed aside by California Community College Chancellor Brice Harris.

It was a state takeover, and the board was rendered powerless.

The seven-member board holds no more meetings, drafts no more legislation, casts no more votes. The public cannot hold elected officials accountable when things go wrong — because the man in charge is no longer someone San Francisco elected.

Robert Agrella is the “super” trustee, appointed by the state chancellor to make unilateral decisions regarding City College’s future, something they say is necessary to save the school. Agrella holds no public comment sessions, and told the Guardian previously that personal emails to him would suffice. Agrella hardly ever answers his phone, we’ve found.

Paul Feist, a spokesperson for the California community college state chancellor’s office, said that the takeover was necessary to make the hard decisions needed to save City College quickly.

Tremendous progress has been made since July, with key positions having been filled, collective bargains agreements reached and fiscal controls implemented,” Feist told the Guardian. 

To Jackson, it’s a mockery of democracy.

“If my resignation can bring a light to this public policy issue, I hope it does,” he said.

In the last month a vote by the California Community College Board of Governors made Agrella’s stay indefinite. Legally, he won’t leave until the state tells him he has to.

There is not a formal timeline for returning governance of CCSF to local trustees, but it is hoped that this happens soon after the college demonstrates it has addressed the deficiencies identified by [its accreditors],” Feist said. “The state has no interest in running City College indefinitely under a special trustee arrangement.” 

To those who wonder what this all means, and to understand Jackson’s grievance, one look only as far as two of Agrella’s latest unilateral decisions.

A performing arts center long planned to be built by City College was canned by the super trustee, citing funding concerns.

“Clearly, the college is in no position to make this commitment at this time,” Agrella told the San Francisco Chronicle when he cancelled the project. It was $6 million shy of its estimated $95 million cost.

The school’s only performance venue is the Diego Rivera Theater. It is the lone theater serving a school of 85,000 students (and sometimes more) but it seats only hundreds, and is dilapidated and crumbling.

That was the first of Agrella’s motions to overturn decisions by the Board of Trustees, but his next decision was directly challenged by Trustee Chris Jackson.

Just last month the super trustee overturned a decision by the board to drop Wells Fargo as its bank. Last year, the board voted to find a more ethical bank to do business with, instead of one that foreclosed San Francisco homes and held questionable ties to the student loan industry.

An investigation by the San Francisco Examiner found that after Wells Fargo exerted pressure on Agrella and promised the school at least $500,000 in grants, the super trustee repealed the decision to shop for a new bank.

The unilateral decisions of Agrella make Jackson furious, but it’s not as if he didn’t see it coming.

In a September 2012 meeting, the Board of Trustees faced a decision: Does it ask the state for a special trustee? It was quickly communicated to the trustees that if they didn’t ask for one, one would be imposed anyway.

It was a false choice. A public relations move designed to make the board look like they sought help when newspapers and TV stations asked them about the super trustee. In the end, no matter what decision they made the state would take control of the school.

“This special trustee, while not ideal, I don’t personally like, I think it’s appropriate for right now. But we need to understand how long they’ll be there, and what position need to be in for them to leave,” Jackson said.

“I hope this board doesn’t just cede power to the special trustee,” he said.

That was a year ago. Now five months without the board, City College has lost the vision a local politician can bring.

“I’ve certainly called him the conscience of the board,” Alisa Messer, the faculty union president at the college, said of Jackson.

“Chris made himself accessible to those who felt besieged. He’s for the underdog, regardless of being black or brown,” former student trustee William Walker told us.

“I’m just really sad to see Chris go,” said the current student trustee, Shanell Williams, who first met Jackson while on San Francisco’s youth commission.

All of them mentioned Jackson’s work to secure childcare for the two City College campuses in the Bayview. When City College’s accreditors tasked them with scaling down its mission of who to serve, Jackson championed the college’s GED program and won. He also worked closely with the group Students Making a Change, which endeavors to close the achievement gap for students of color at City College.

Jackson’s departure leaves a seat open on the board which Mayor Ed Lee can make an appointment to fill. But the legality of an appointment while the board is effectively out of power is an open question. The Guardian contacted the mayor’s office to find an answer, but did not hear back from them before press time.

“I think the thing San Franciscans ought to be asking is: Do we even have a board, and when are we going to?” Messer said.

As for Jackson, he’s looking forward to concentrating on his family and his career. He currently works at a nonprofit which helps people in Africa and India find new jobs in tech.

“I’ll have more time to spend with my daughter,” he said.  “I’ll have more time to focus on my own professional career, and am looking to go to law school.”

The 30 year old Jackson said he wants to be an attorney to help young men like D’Paris Williams, who was stopped for a traffic citation at Valencia Gardens in a case of alleged racial profiling. Jackson, who lives in the Bayview, wants to defend the people in his community.

“I want to be a part of that,” he said.

Update: Commenters and sources that called the Guardian rightly asked what Chris Jackson’s Ethics Commission fines had to do with his stepping down. Jackson was late filing his campaign reports and was fined about $3,000 by the commission. When the Guardian spoke to them a few months ago about this, they told us it was a routine matter and that Jackson was complying with their requests for payment. Jackson had already reached a payment agreement well before his resignation, which does not affect the fine, he said. 

Why I’m resigning from the City College board

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By Chris Jackson

When I worked for the state legislature, a member once told an overly ambitious guy that there are those who get into politics to be someone and those who get into politics to do something, and we have enough of the first type.

Serving on the City College of San Francisco Board of Trustees was always a means for me to work to connect underserved communities to education and eventually economic empowerment.

One of the first measures that I passed while on the board was to expand City College’s Community/Outreach Ambassador to the Mission and the Southeast campuses. Through this program, City College was better able to do outreach to underserved communities.

Be it by protecting CCSF’s GED program or child care sites, working with community leaders to continue to make the Mission campus an educational jewel to its residents, or working with Bayview advocates to ensure the Southeast campus’ survival and eventual growth, I came to the CCSF Board of Trustees on a mission to help ensure that our most vulnerable populations are given access to education as a means of equity.

Although I’ve had amazing success and even made a few mistakes along the way, I don’t want anyone to doubt my continued passion and commitment to the communities that CCSF serves. It is this passion to do something and not simply be a figurehead that has led me to the difficult decision to resign from the CCSF Board of Trustees.

The Accrediting Commission of Community and Junior Colleges, an unelected and publicly unaccountable organization, seeks to change the values and charge of City College from an inclusive, community-based and student-focused college to a simple junior college that serves the few and shares the values of the corporate education reform movement.

Even more disappointing has been our state Community College Board of Governors. Instead of performing its public-policy duties, the state Board of Governors, led by State Chancellor Brice Harris, has continued to allow itself to be bullied by the ACCJC to the point where there is a serious question of who really sets public policy for the 112 colleges in our statewide system: our publicly appointed Board of Governors or the unelected, unaccountable private ACCJC.

It pains me to see the scope of our class offerings pared back, our community-based campus continually threatened with closure, much-needed academic counselors laid off, and our Second Chance program for ex-offenders with an over 900-student waiting list. It pains me even more to be sidelined by Harris and our public Board of Governors and watch them shrink and cower to the power of Barbara Beno and her private ACCJC.

But in the face of this challenge to our public education, I see hope. Students like Trustee Shannell Williams, Student President Oscar Pena and former Trustee William Walker rallying students to stand up for their public education give me hope. The American Federation of Teachers Local 2121 and the Save CCSF coalition have become rallying points not just for the immediate CCSF community, but for the larger SF community. Their bravery in the face of the withering attacks on public higher education should be commended and be a model that others should follow. At this moment, there exists the base for a long-lasting coalition of students, educators, and community fighting for the high-quality, affordable education.

Thank you for the opportunity to do something to make an impact in people’s lives. Thank you for allowing me the opportunity to serve on the City College of San Francisco Board of Trustees.

Chris Jackson was elected to the CCSF Board of Trustees in 2008.

 

City and teachers seek injunction against City College closure

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The plan to save City College of San Francisco took a proactive turn yesterday (Mon/25) as two separate-but-similar preliminary injunctions were being sought against the Accrediting Commission for Community and Junior Colleges (ACCJC). 

The injunctions, filed for yesterday by City Attorney Dennis Herrera and the California Federation of Teachers (CFT), would seek to keep the embattled school open for at least the duration of the impending litigation. A judge will consider the requests next month. 

The two sought-after injunctions come in the context of the civil lawsuits filed by both groups back in August, and would prevent the ACCJC from stripping CCSF’s accreditation on July 31, 2014, in addition to keeping the school both accredited and open while the civil lawsuits are heard and legislative challenges play out. ACCJC representatives didn’t return our calls for comment. 

Both the City Attorney’s Office and the CFT lawsuits hinge on the August findings of the US Department of Education. The determination made then said that the ACCJC violated two separate provisions of federal law: Failing to maintain effective controls against conflicts of interest and failing to have reasonable academic representation amongst the evaluation teams tasked to evaluate the school. 

If those two violations are upheld in federal court, then the City Attorney’s Office will simply need to prove that the “balance of harm” is negatively swinging toward the students of CCSF. And that unjust balance isn’t an under-the-rug number: 80,000 students go to CCSF, while 19 board members work at the ACCJC, something they do whether or not CCSF is open. Conversely, it’s not like those 80,000 students have 80,000 places to go. 

Both the CFT and the City Attorney’s Office are confident that the injunction will be granted by a San Francisco Superior Court judge, an arena of equitable governing both groups say hasn’t been seen from the ACCJC.

“We were trying to figure out our options. How do we defend the college?” said Alisa Messer, AFT Local 2121 president and English teacher at CCSF. “So how do you get a fair hearing? How do you get due process? Unfortunately the courts are the only way to do that under this scenario.”

If either interim injunction is granted by the courts, the school wouldn’t be stripped of its accreditation on July 31 — the ACCJC-appointed Doomsday for an educational institution that contributes nearly $300 million a year to the local economy, among other things — pending conclusions of the underlying court cases, which could take years. That would allow CCSF to offer at least a fall course-load. The injunction would also put the recently-maligned accrediting agency’s authority on hold.

And while an injunction simply delays the final determination and extends the school’s accredited status, both the city’s and the CFT’s plan to hold up the final determination elegantly mirrors the strategy most assume the ACCJC is employing.  

“What we’ve seen is the ACCJC essentially engaging in delay tactics,” said Therese Stewart, chief deputy of the City Attorney’s Office. “This [injunction] isn’t to resolve the whole thing, but rather to freeze the situation so it doesn’t get worse.”

According to a press release from Herrera’s office, the injunction would also, “prevent the Novato, Calif.-based ACCJC from taking similarly adverse actions against other California colleges until its policies and practices fully comply with state and federal law.”

But even if they can implore the ACCJC to reinstate CCSF’s accreditation, Messer says that the injunction the CFT filed on Monday is about much more than “stop gap measures.”

“Actually, I see it as much more than that. It’s not just about getting an injunction for what happens on [July 31, 2014],” said Messer. “This about getting an injunction now, to stop the actions toward closing the college and toward taking our accreditation. Now. Not for July, for right now. Because what we’re seeing is harm being done to the college even as we speak.”

The harm Messer is referring to isn’t just accreditation-related. She says that the reputation of a school is as important as anything, and right now students are unsure of the status of CCSF.

“It’s not about sitting on our hands and waiting and hoping that some of these things will right themselves,” said Messer. “It’s about saying that right now, because of the harm being done to the college, that we need San Francisco to know, and we need everybody to know that this college will not be closing.”

 

Schooled

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joe@sfbg.com

Federal politicians are blasting the commission that would close City College of San Francisco, calling the entire accreditation process a debacle.

At a forum US Rep. Jackie Speier (D-SF) and Rep. Anna Eshoo (D-Palo Alto) convened at City College on Nov. 7, Speier trumpeted what local advocates have said all along: The evaluation of CCSF was bungled, lacked transparency, and violated federal education regulations, all pointing to a desperate need for reform of its accreditors.

Accreditation has been the means to check the quality of education in colleges, but now a growing chorus of critics says the process can be used to carry out an ideological agenda and usurp local control (“Whose college?” Aug. 13).

Yet upending the accreditation process could also have unintended consequences, perhaps letting corporate and conservative interests seize the chance to implement their long-simmering agendas.

Either way, it is beginning to look like the fight to save City College could end up being about more than just City College.

 

ACCJC UNDER FIRE

The Accrediting Commission of Community and Junior Colleges keeps a watchful eye on the community colleges of California, Guam, and Hawaii. After a six-year review, the ACCJC this summer rocked City College by terminating its accreditation, pending appeals before the sentence is carried out in July 2014.

At the forum, Speier said the debacle with the ACCJC signaled a need to reform accreditation on a national level, citing a lack of public accountability.

“I think the ACCJC has run amok, they have lost their vision — if they ever had one,” Speier said in an interview after the forum. “They are riddled with conflicts of interest and arbitrariness.”

Teachers, faculty, and education advocates packed City College’s Diego Rivera Theater, all cheering at every jibe toward the ACCJC. Pressure on the group is mounting. A third lawsuit against the body was announced the day of the forum, this one filed by the activist group Save CCSF.

But Speier sees the problems as stemming from the US Department of Education, which she said needs the tools to correct problems at the ACCJC, something she plans to meet with Education Secretary Arne Duncan to discuss.

“The Department of Education only has one hammer, and that is to deny the ACCJC certification,” she said.

The group is slated to undergo this evaluation in December, which could spell its end. But if the fight for City College sparks a change in accreditation nationally, what would take its place?

There are wolves at the door of the US education system, for-profit colleges with a history of taking vulnerable students to the bank with nothing to show for it. And they want accreditation reform too.

 

THE DEVIL YOU KNOW

The ideological argument between the ACCJC and City College is taking place nationally.

President Obama called for a change to college accreditation in his last State of the Union speech, calling for higher graduation and transfer rates for community colleges (see “Who killed City College?” July 9).

One of the biggest cheerleaders of the president’s reform is the American Enterprise Institute, a conservative think tank. At a conference it held on accreditation last month, AEI and its partners lampooned accreditation as it stands now.

“This is a system that is flawed, unable to deal with the rapidly changing higher education landscape,” Anne D. Neal, a partner of the American Council of Trustees and Alumni, a national education reform group, said at the conference. “If meat inspections were as loose as college accreditation… most of us would have mad cow disease.”

On the surface, the critique seems reasonable. More people should transfer, and more people should graduate. But how colleges get those numbers is the challenge. The ACCJC asking City College to jettison students not aiming for a higher degree was just the start, one higher education watchdog told us.

“There are people on both sides saying that accreditation is broken. The White House is pushing this, as are Republicans. You almost never hear that,” Paul Fain, a reporter for Inside Higher Ed, told the Guardian.

But the reform may lead to the transformation of accreditation, allowing tech companies and long distance online learning universities to bypass the process entirely.

Accreditation is seen as “holding back innovators who are trying to transform the Internet,” Fain said.

These “innovators” are largely for-profit colleges that want to offer single courses or shortened courses online, like the Minerva Project or Straighterline, both online universities lobbying Congress to loosen accreditation requirements.

But for-profit colleges have been attacked nationally for their abysmal job placement rates, and their graduation rates aren’t much better. A widely circulated 2010 report by the think tank Education Trust found that for-profits in the U.S. had a graduation rate of 22 percent.

And with many of those for-profits fighting for accreditation reform by Congress, it’s unclear how a push to reform accreditation from Speier would aid or stall them.

 

FEAR FACTOR

ACCJC President Barbara Beno said that City College is having problems facing reality. Beno would only speak with the Guardian by email through a representative. She defended the accountability of the ACCJC, saying that her doors were always open.

“Colleges don’t need a forum like that held on Nov. 7; they can write to the commission at any time, or ask to address the decision-making commissioners at one of their two meetings each year, or can call up the commission chair or president,” Beno wrote.

“Instead of joining forces to help improve City College, many purported supporters of the college are bent on disrupting the ACCJC operations. It is simple to blame the messenger of bad news,” she wrote. “People unhappy with the commissioners’ decisions are targeting [me] for doing [my] job.”

But Rafael Mandelman, a newly elected member of CCSF Board of Trustees, told those assembled at the forum that ACCJC was unprofessional and unduly punitive: “I went from ACCJC agnostic, to skeptic, to foe”

Dr. Sarah Perkins, vice president of instruction of Skyline College, told the forum that ACCJC is hard to work with.

“I came here to California after spending 25 years in the middle part of the country under the Higher Learning Commission,” she said, contrasting that accrediting agency with the bullying done by ACCJC. “That I even feel like I’m putting my college at risk by speaking at this forum speaks volumes.”

Indeed, the ACCJC even makes criticism of the agency or its methods grounds for a revocation of accreditation, making “collegiality” part of its “policy on institutional integrity and ethics.” CCSF Special Trustee Bob Agrella in September cited that as one reason not to criticize the agency.

Sen. Jim Beall and Assemblymember Tom Ammiano were also in attendance at the forum, and promised to continue the fight at the state level to preserve City College. The Joint Legislative Audit Committee is evaluating ACCJC at the request of those legislators and Sen. Jim Nielsen (R-Gerber).

“We will kick a lot of butt, with class, of course,” Ammiano said.

And would City College close down? “It’s not going to happen,” Speier said to the cheering crowd.

Zombies to attack City Hall! UPDATED

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We in the Bay Guardian newsroom have just received word of an impending zombie attack on City Hall. I repeat: Zombies are planning to attack City Hall this afternoon! [Updated coverage from the scene below]

Oh, wait, it looks like it’s actually going to be City College of San Francisco students and supporters — dressed as zombies and other Halloween creatures — that will be descending on City Hall around 4pm today (Thurs/31). Okay, maybe this isn’t as big a deal as an actual zombie attack, but it’s still newsworthy.

The faux-zombies came to see Mayor Ed Lee to demand that he stop supporting the state takeover of CCSF and that he stand up for local control over this important, low-cost educational institution. The San Francisco-elected college’s board of trustees’ powers were given to Special Trustee Bob Agrella, who was in turn appointed by the California Community College Chancellor Brice Harris.

At the rally Alisa Messer, CCSF’s local faculty union president, called for Lee to push for the board’s reinstatement.

“We’re calling on Mayor Lee to ask the state chancellor to restore democracy at City College,” Messer said, “We want our board restored next year. Not two years from now, not three years from now, next year!” 

She also called on the mayor to demand that Accrediting Commission for Community and Junior Colleges restore CCSF’s accreditation immediately.

Christine Falvey, the mayor’s spokesperson, wrote in an email to the Guardian that the mayor supports efforts to save CCSF — but only the ones he thinks will work.

“The mayor has said these are difficult times for the college, but that this is the time to commit to true reforms,” she wrote. “The mayor wants to focus his efforts on activities that will ultimately help the college stay open.” 

When asked if the mayor supported City Attorney Dennis Herrera’s lawsuit against the ACCJC meant to stop the closure of CCSF, she responded that the lawsuit may “go up and beyond” critical deadlines to save the college. The mayor has so far shown no support for any of the efforts to combat the ACCJC, despite multiple lawsuits against the accreditors as well as condemnation from the U.S. Department of Education of their practices.

The zombie march will began at 3:30pm, at the CCSF Downtown Campus, 750 Eddy Street, and hundreds of protesters arrived at City Hall around 4pm — to see if there’s anyone in City Hall with any brains.

 

 

Alerts Oct. 30-Nov. 5, 2013

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THURSDAY 31

March to protect City College CCSF Civic Center Campus, 750 Eddy, SF. 3:30pm, free. Join supporters of the embattled City College of San Francisco for a major mobilization to protect this critical educational resource. A week of action will culminate with this march to deliver several thousand postcards to Mayor Ed Lee, urging him to protect City College. Advocates say City College is crucial and must be preserved to protect educational access for low-income and immigrant communities, veterans, older adults, displaced workers, and so many others.

 

FRIDAY 1

 

Conference on media and democracy University of San Francisco, 2130 Fulton, SF. www.udcconference.org. 9am with sessions through Sun/3, $125 registration. More than 200 radical media activists, scholars and students will convene for “The Point is to Change It: Media Democracy and Democratic Media in Action,” a three-day conference sponsored by The Union for Democratic Communications, Project Censored and the Department of Media Studies at the University of San Francisco. Researchers, activists and media-makers will present their investigations of the most pressing problems with top-down corporate- and government-controlled media; showcase exemplars of independent, alternative media; and share some of the latest methods in media education. This conference represents a unique partnership, bringing together academic and independent researchers, educators, students, and media justice activists from across the U.S. and Canada, the Middle East, China, Africa and Latin America.

SATURDAY 2

 

What is Social Justice? Art Internationale Gallery, 963 Pacific Ave., SF. www.socialjusticemonth.org. 7pm, free. November is social justice month, and the Revolutionary Poets Brigade is hosting this event to explore some key questions. What is Social Justice? What is Social Injustice? Speakers include Jack Hirschman, former SF poet laureate, Ethel Long-Scott of the Women’s Economic Agenda Project, John Curl, author of For all the People, and poets Sarah Page, Sarah Menefee, Ayat Jalal-Bryant and Aja Couchois Duncan. SUNDAY 3 Hottest bike party of the year City View at the Metreon, 135 Fourth St., SF. www.sfbike.org. 6-10:30pm, $20–$60. The San Francisco Bicycle Coalition’s Winterfest celebration will bring thousands of bike-loving people together for a bash in celebration of cycling. Festivities will include an art auction, a bike auction and a community silent auction.

In charge … sort of

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joe@sfbg.com

Former Compton Community College Special Trustee Dr. Arthur Q. Tyler was formally announced as City College of San Francisco’s new chancellor on Oct. 16. The decision ends a months-long search and comes at a time when CCSF is under state control and facing the loss of its accreditation.

As everyone fears for the future of City College, the key to understanding its new chancellor may lie in his history with similarly troubled community colleges, and to CCSF’s own turbulent history.

City College is in the fight for its life as the deadline of July 2014 looms, at which point the Accrediting Commission of Community and Junior Colleges says it will revoke CCSF’s accreditation. But Tyler has been in a similar position before, in Compton.

Tyler held the same position overseeing the troubled Compton Community College that Special Trustee Bob Agrella held as CCSF lost its accreditation. But more importantly, Tyler was at the helm when it was told its accreditation was revoked in 2005.

In a letter to the community, Compton’s Board of Trustees outlined what they’d need to do: regain their footing and win an appeal to the accreditation commission. They filed for review, much like City College of San Francisco recently did. And they lost.

Compton Community College never regained its accreditation. It was absorbed into a neighboring district, El Camino College, and is now known as The El Camino Compton College Center, essentially another campus in the El Camino system.

“They had problems with integrity,” he said at the Oct. 16 press conference, addressing Compton’s failure under his watch. “It was a different situation.”

Tyler is now tasked with saving San Francisco’s only community college. At the ceremony, Tyler was told that he’d be held liable for CCSF’s future.

“Dr. Tyler, you have many people here, whether they’re students, faculty, staff, and administrators… to stand behind you as you take on this important responsibility,” said Hydra Mendoza, Mayor Ed Lee’s education advisor. “We’re also here to hold you accountable.”

After CCSF was notified it would lose accreditation in a year, the state gave Agrella the full powers of City College’s Board of Trustees, leaving San Francisco’s elected board powerless.

Just exactly how much power and influence Tyler will have while the state-appointed trustee remains at City College is still a mystery. But then again, the history of leadership of CCSF has been cloaked in secrecy and dubious dealings.

 

DAY’S LEGACY

 

Former Chancellor Philip Day was head of City College in 1998, and he left under a criminal indictment, pleading guilty and later convicted of misuse of $100,000 of college funds. His chancellorship ended in 2008, but his scandal was not his only contribution to the school.

“In a lot of ways he was a great chancellor. He had some vision,” Fred Teti, who was City College’s Academic Senate president under Day, told the Guardian.

Day was a divisive figure, and the politics around him has split the college to this day. Teti said that rightly or wrongly, Day’s legacy was mainly tied to the construction boom at City College.

“When the state Legislature passed (a law allowing) bonds for schools, he jumped on it immediately. It was really him that got all those buildings up,” Teti said.

The construction boom built the college’s new Multi-Use Building, and the towering Chinatown Campus. Many we talked to attributed this to Day’s coalition style leadership, bringing together disparate groups of the college to a single purpose.

It was also what led him to falter, as Day’s misuse of funds conviction was directly centered around funding he was using to promote more bonds for City College. He put laundered district money into an ad campaign for a facility related bond measure, and he was caught.

Even after Day was gone, the legacy of bitter divisions among trustees and lack of proper fiscal checks-and-balances that Day fostered contributed to CCSF’s downward spiral — and now, the hiring of a hobbled new chancellor to try to pick up the pieces.

Tyler may not have the chance to enact his own City College vision for awhile, and when asked at his introduction to the school “What can and will you do here?” he said “I’ll make recommendations to the board, in this case to Dr. Agrella, on the things we believe… will heal and fix this institution.”

Former City College administrator Stephen Herman, who shared a criminal conviction with Day over the misuse of district funds, told us that Tyler will have few powers until Agrella steps aside.

“Dr. Tyler is going to be a little hamstrung to begin with,” Herman said. “Ultimately, if the college gets its accreditation and is able to survive, then (Tyler) can spread his wings and take over some policy decisions.”

But the history around Tyler’s policy decisions are equal parts heartening and worrisome.

 

TYLER’S HISTORY

Tyler was charming and self-effacing at his press conference, saying “I’m privileged to stand before you as your new chancellor,” building on what he called “the legacy” that the interim-chancellor Thelma Scott-Skillman will leave for him: “I know I’m filling a large pair of lady shoes.”

Tyler’s resume seems to glow. He’s an anti-terrorism expert who served in the US Air Force, was vice president at Los Angeles City College, and was in charge at Sacramento City College. He also speaks Farsi.

But it was his time as deputy chancellor of Houston Community College where he walked through fire, allegedly resisting bribes and sexual advances from contractors in the corruption-plagued district. Dave Wilson, 66, runs the investigative website “Inside HCCS” in Texas that’s a tell-all about alleged dirty dealings at Houston Community College.

One gold mine of documents he obtained came when the Harris County District Attorney’s Office was investigating alleged corruption at HCC. Family members and friends allegedly helped questionable construction contracts get approved by the HCC Board of Trustees, according to the Houston Chronicle’s stories at the time.

Ultimately, those accused had to take ethics training courses, but it’s the investigation itself that’s really revealing.

Law Firm Smyser Kaplan & Veselka interviewed college officials at the behest of HCC’s board in 2010. Its goal was to get to the bottom of who had anything to do with getting the dirty contracts passed. Houston Community College’s attorney turned investigator, Larry Veselka, interviewed Tyler as part of this investigation and Wilson obtained Veselka’s notes.

When looking into a construction project, Tyler told Veselka he found about $14 million in questionable spending. The interview details allegations that Tyler was receiving vague promises of sexual favors and bribes from a pair of would-be contractors, which he refused.

Veselka would not return phone calls from the Guardian, but the Harris County District Attorney’s Office, which was involved in the investigation of Houston Community College, confirmed that it had documents regarding the college from Veselka’s law firm but would not release them to the Guardian.

The documents paint a rosy picture of Tyler, who cleaned house, and even claimed to have shrugged off shady dealers at Houston Community College.

“I can tell you I did speak to the law firm,” Tyler said when the Guardian asked him about the alleged attempted bribe. “Because that was a violation of trust. Anyone who knows anything about me can confirm that I’ve been about trusting my own instincts about what’s right and what’s wrong. It’s a keynote of my value set that I will never compromise, now and in the future.” But in the same documents that confirmed Tyler talked to attorneys about the alleged bribe, one trustee was concerned enough about Tyler’s close relationship with another trustee that Tyler’s future authority regarding contracts was limited. And while different news outlets reported that Tyler resigned from Houston Community College, that’s not exactly the story the Houston Chronicle told in July. “The trustees agreed Thursday to a settlement with Deputy Chancellor Art Tyler for $600,000, confirmed his attorney, Vidal Martinez. Tyler relinquished all duties Friday,” the paper wrote. “Art is part of the old chancellor’s team. This was part of finishing the past,” Vidal Martinez, Tyler’s attorney, told the Houston Chronicle. Ultimately, they reported, the buyouts of the two administrator’s contracts cost Houston Community College over a million dollars. Tyler would not return follow-up phone calls on the matter. When asked if he was worried about Tyler’s history, CCSF Board President John Rizzo said that none of it came up in the chancellorship interviews — but even if there was truth to it, he wasn’t worried. “He’s going to have a lot of eyes on him,” Rizzo said. “He’ll have the state chancellor and special trustee looking over his shoulder, more than a normal chancellor would.”

INFOGRAPHIC: Brown signs legislation creating two tiers of college tuition, for the rich and the poor

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For six California community colleges, when the classes get crowded, those with money will get in, and the poor will struggle. 

On Oct. 10, Gov. Jerry Brown signed Assembly Bill 955, allowing six allegedly overcrowded community colleges to charge $200 per unit instead of the state-mandated $46 for their most in-demand classes. 

The bill was sponsored by Assemblymember Das Williams (D- Santa Barbara), and would effect College of the Canyons, Crafton Hills College, Long Beach City College, Oxnard College, Pasadena City College, and Solano Community College. But state officials and local activists fear this is the first step towards steeply increasing community college fees.

At a California Community College Board of Governors meeting last month, state Chancellor Brice Harris said the tuition hikes could lead to less funding from Sacramento.

“The next time the budget goes in the tank, they’ll tell (us), ‘we can’t give it to you, tell your colleges to raise fees,’” he said. “We have had historically free and open equal access. This bill fundamentally changes that equation.”

When reached for comment, a spokesperson for Harris said he was unavailable.

Shanell Williams, student trustee at City College of San Francisco and an activist who’s fought student inequality at the state level before, echoed Harris’ sentiments back when AB955 was first on the table. “AB955 creates a system of haves and have nots,” she said. “Students that cannot afford to pay more will essentially be denied access.”

A two-tiered payment system was tried once before at Santa Monica College last year. Students protested and were pepper sprayed in an incident that blew up in the news media.

In light of the new tuition hike, we’ve created an infographic to help put the new costs in context. Check it out below, and link to it directly here.

For our previous coverage on AB955, click here.

BEST OF THE BAY 2013: LOCAL HEROES

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Bruce Brugmann, Jean Dibble, and Tim Redmond

The San Francisco Bay Guardian — which has had a significant impact on the Bay Area’s cultural and political dynamics and dialogue over the last 47 years — was largely the creation of three people with complementary skills and perspectives, an amalgam that gave the Guardian its voice and longevity.

Although they are no longer involved with running the paper, we’re honoring their contribution and legacy with a form of recognition they created: a Local Hero Award in our Best of the Bay issue, an annual edition that has been adopted by almost every alt-weekly in the country.

Bruce Brugmann and Jean Dibble launched the Guardian in October 1966 after years of planning by the married couple, and they ran it as co-publishers until the paper’s sale to the San Francisco Newspaper Co. last year, with Dibble running the business side and Brugmann in charge of editorial and serving as its most public face.

“We were one of the few husband and wife newspaper teams, a real mom and pop operation,” Brugmann told us. “We couldn’t have done it without the two of us, we needed both of our skill sets.”

They met in 1956 at the University of Nebraska, where Brugmann studied journalism and served as editor of the Daily Nebraskan, starting his long career as journalistic rabble-rouser. Dibble studied business, which she would continue in graduate school at Harvard University’s Radcliffe College while Brugmann got a master’s in journalism at Columbia University.

As graduation neared, they started talking about forming a newspaper together, an idea that percolated while Brugmann served in the US Army, where he wrote for Stars and Stripes, and Dibble moved to San Francisco with their two kids to work in personnel and administrative positions.

After the Army, they settled in Wisconsin, where Brugmann worked as a reporter for the Milwaukee Journal before moving to the Bay Area to work on launching the Guardian while Brugmann supported the family working for the Redwood City Tribune.

“We came out here with the idea of doing it and we immediately started planning. Jean did the prospectus, a damn good prospectus,” Brugmann said.

The Guardian published sporadically in the beginning, but it tapped into a vibrant counterculture that was clashing with the establishment and began publishing important articles highlighting inequities in the Vietnam War draft and exposing local political scandals, including how Pacific Gas & Electric illegally acquired its energy monopoly.

“A lot of it was just keep your head down and keep going,” Dibble said. “We never talked about alternatives, it was just what we were going to do.” The Guardian covered the successful revolts against new freeways in the city and plans to build Manhattan-style skyscrapers, publishing the book The Ultimate Highrise in 1971. In the mid-’70s, the Guardian won a successful unfair competition lawsuit against the Chronicle and the Examiner over their joint operating agreement, allowing the paper to become a free newsweekly. “Eventually, things got better, and we got some large advertisers in the ’80s and they really helped kick us off,” Dibble said. That was also when Tim Redmond, a journalist and activist steeped in radical politics, started writing for the Guardian, going on to serve as the paper’s executive editor and guiding voice for more than 30 years. “Tim was always more radical than I was,” Brugmann said, giving Redmond credit for the Guardian’s groundbreaking coverage of tenant, environmental, and economic justice issues. “Every publisher needs an editor who was more radical than they are to push them.” The two journalists had a prolific partnership, mentoring a string of journalists who would go on to national acclaim, turning the Guardian into a model for alt-weeklies across the country, exposing myriad scandals and emerging arts and cultural trends, and helping to write and pass the nation’s strongest local Sunshine Ordinance. “We always wanted to make things better,” Brugmann said of what drove the Guardian. “Even the battles that we lost, we got major concessions. Yerba Buena is much better because of the stories we did at the time, same thing with Mission Bay…San Francisco is much better that we were here. And we’re really proud and we appreciate the work of the current Guardian staff in keeping the Guardian flame alive.”

 

LOCAL HEROES: Kate Kendell

The night Proposition 8 passed was one of the hardest of Kate Kendell’s life. She remembers it with startling detail — and she should, because she was one of the most prominent opponents of the measure to overturn marriage equality in California.

“I was hopeful right up until the end that Prop. 8 would be defeated,” she said, speaking slowly as she pulled her thoughts from what sounded like a dark place. “Our initial polling numbers said we’d probably lose, but I really hoped in the deepest heart of my heart that when people got in there that they’d punch their vote in favor of the person they knew.”

But as the voters of California showed in that 2008 election, sometimes the good guys lose.

Kendell, executive director of the National Center for Lesbian Rights, fought the good fight since she started there in 1994. The NCLR litigates, creates policy, and performs outreach for LGBT civil rights on a national level, with headquarters in San Francisco. After years of anticipation, she poured herself into the campaign against the proposition that would make her marriage illegal, and then the measure passed.

That night she hung her head in disbelief. She felt physically ill, and her mind roiled in grief equaled only by the death of one of her parents. “It felt like that,” she said.

Kendell and her wife, Sandy, went home without speaking a word, and when she got in the door she tried to pull it together. Steeling herself to face her family, Kendell walked out of the bathroom and burst into tears. Her son said simply “this just means we have to fight more.”

So she did, and we all won.

That led to the moment for which Kendell may be remembered for a long time to come. When Prop. 8 was overturned by the US Supreme Court this year, a flock of San Francisco politicians descended the steps inside the rotunda at City Hall. Kendell took to the podium and spoke to the nation.

“My name is Kate Kendell with the National Center for Lesbian Rights,” she said, “and fuck you, Prop. 8!” The crowd erupted into cheers.

She regrets saying it now, but history will likely forgive her for being human. For someone whose own marriage’s validity was threatened and who spent two decades fighting for equality, she earned a moment of embarrassing honesty.

Kendell’s infamous declaration may be how she’s known, but one of her key decisions behind the scenes shaped the LGBT equality movement as well. When then-Mayor Gavin Newsom’s administration wanted a couple to be the first in his round of renegade gay marriages in 2004, it was Kendell who suggested Del Martin and Phyllis Lyon.

The two were in a relationship since 1953, pioneers of LGBT activism in San Francisco. Kendell said it was only right that they were first to read their vows in the city they helped shape. “Were it not for their contributions, visibility, and courage in the ’50s and ’60s, we wouldn’t be in that room with Newsom contemplating marriage licenses,” she said. “I’m just happy they said yes. It was absolutely appropriate.” And it’s with that sense of history that she herself pioneers forward, pushing in states across the US what Harvey Milk fought for in California — workplace protections for the LGBT community. “In 38 states, you can be fired from your job or being lesbian, gay, bisexual, or transgender. That has to change,” she said. “When the next chapter of history is written, it will be about a nation that treats the LGBT community as equals.”

 

Theo Ellington

Last year, when San Francisco Mayor Ed Lee floated the idea of implementing stop-and-frisk, a practice that many civil rights advocates say amounts to racial profiling, Theo Ellington stepped up to create a Change.org petition to oppose the idea — and won.

The policy would have given San Francisco police officers the authority to stop and search any individual who “looks suspicious,” in an effort to get guns off the streets.

“I found it was basically a predatory policing practice that didn’t belong in a city like San Francisco,” Ellington told us. His petition garnered a little more than 2,300 signatures, “enough to show policymakers we were paying attention,” he guesses. Faced with mounting pressure and a community outcry, Lee ultimately abandoned the idea.

“That was a win, I think, for everyone fighting for what’s really a civil right,” the 25-year-old, native San Franciscan told us in a recent phone interview. “It’s not a black issue or a white issue,” but it did strike a nerve and provide Ellington with some momentum for coalition building.

Ellington was born and raised in San Francisco’s Bayview Hunters Point neighborhood, home to a significant portion of the city’s dwindling black population. The campaign against stop-and-frisk helped catalyze his still-evolving political organization, the Black Young Democrats of San Francisco, of which he is president.

Go to BYDSF’s website and you’re confronted with some startling statistics about the experience of black San Franciscans: In the last 20 years, the African American community has dwindled to only 6 percent of the city’s population; meanwhile, the high school dropout rate stands at 38 percent, the unemployment rate is 18 percent, and the level of poverty stands at a disheartening 20 percent.

To tackle these looming challenges, BYDSF now faces the hurdle of getting local elected officials to care. “Since then, we have been trying to build our membership and figure out where we fit in the political climate of SF,” Ellington says.

His group’s chief concerns include closing the achievement gap in San Francisco public schools, doing something about the escalating cost of housing, and finding better solutions for public transit. “There’s the housing need, obviously. It’s a need that working class folks in general are facing,” he said.

He’s pursing a master’s degree in urban affairs at the University of San Francisco, and says he’s taken it upon himself to learn everything he can about how cities operate. To that end, he often ponders vexing questions: “How do you figure out a way to give those same opportunities to everyone? How do you provide opportunities for all income levels?”

His successful opposition campaign to stop-and-frisk didn’t stop Mayor Lee from appointing him to the Commission on Community Investment and Infrastructure, which oversees the successor to the San Francisco Redevelopment Agency. A major project under that body’s purview is the Hunters Point Shipyard development, a massive undertaking led by construction firm Lennar Urban, practically in Ellington’s backyard. Having grown up in the neighborhood, he sees himself as being in a unique position to ensure that the developers are providing jobs for local residents as required under the agreement. “It allows me to speak to both sides — on the community level, and in City Hall,” he said. “There are certain social dynamics you won’t understand unless you have lived in the community.” Ultimately, Ellington says, his goal is to push local politicians to find ways of making San Francisco a place where people of all income levels can find their way. “There’s a lot more work to do,” he said. “I think San Francisco is at a real pivotal point, where we can choose to go in the right direction … or we can choose the opposite.”

 

LOCAL HEROES: Shanell Williams

Shanell Williams is a chameleon activist, spearheading the effort to save City College of San Francisco from many fronts.

When City College fought off a statewide initiative to save money by stigmatizing struggling students, she defended the school as an Occupy activist. With a banner raised high, she faced down the California Community College Board of Governors, shouting their wrongs aloud at a meeting attended by hundreds. The board was stunned but her fellow activists were not, because that’s who Williams is: an uncompromising defender of San Francisco.

Now, as City College faces a fight for its existence, Williams is defending it again, this time as a duly elected CCSF student trustee.

Williams is at the forefront of Save CCSF, an Occupy-inspired group publicly protesting the Accrediting Commission of Community and Junior Colleges, the body trying to shut down City College. San Francisco is holding its breath until next July to hear if the accrediting commission will close the city’s only community college — and Williams was one of the key organizers helping students’ voices rise up to decry the decision to close the school.

She has reason to fight hard, growing up watching her community ravaged by those in power who purported to do good. She is a black woman and San Francisco native raised in the Fillmore and the long history of redevelopment and its role in the flight of The City’s African American population shaped her ethos. To Williams, there are forces that care about money at the expense of communities and those forces need to be fought.

“How are we supporting people to have a decent quality of life?” she said, and that’s the way she’s approached saving her community since a young age.

In 2003, while in high school, Williams got a taste of politicking as a member of San Francisco’s Youth Commission, appointed by then-Mayor Willie Brown. “I think he’s a very interesting character with a lot of influence over the city,” she said, with just an edge of steel to her voice.

As a teenaged politician, she discovered the work of the Human Rights Commission and was inspired. While a student of Washington High School and then Wallenberg High, she had a tough home life and entered the foster care system, getting a firsthand look at how the state takes care of its youth.

It galvanized her, honed her, and made her yearn for change. “I just innately had a sense of wanting to see justice and fairness,” she said.

Energized, she joined the Center for Young Women’s Development, the Youth Treatment Education Court, Urban Services YMCA, the Youth Leadership Institute, and more. She joined so many organizations and taught so many youth and government officials that even she can’t remember all of them off the top of her head.

At one point, she even taught judges across the country about cultural competency. “We had this whole spoken word performance thing we did,” she said, laughing.

In 2010, as Williams took classes at City College, she waved the banner defending San Francisco’s community college students. She pushed for city-level minimum wage requirements for City College workers, who earned dollars less. She also pushed back against state requirements to cut off priority registrations to those who took too long in the community college system — because she’s been there herself.

“They need a few chances to get it right and become a good student,” she said. When the struggle to save City College is done, win or lose, Williams sees herself remaining an advocate for students for years to come. At 29 years old, she’s still a student herself, and she eagerly awaits the day she’ll transfer to Cal or Stanford as an Urban Studies major. It all comes back to defending her city. “We have to broaden the movement,” she said. “The enemy is not about color, it’s about wealth inequality. It’s not just about City College either. It’s about the austerity regime that doesn’t care about working class people and poor folks.”

 

San Franciscans for Healthcare, Jobs, and Justice

When the San Francisco Mayor’s Office cut a deal with Sutter Health and its California Pacific Medical Center affiliate for an ambitious rebuild of hospital facilities — which would shape healthcare services in San Francisco for years to come — community activists began to find serious flaws in the proposal.

So they organized and banded together into a coalition to challenge the powerful players pushing the plan, eventually helping to hash out a better agreement that would benefit all San Franciscans. Representing an alliance between labor and community advocates, the coalition was called San Franciscans for Healthcare, Jobs, and Justice.

When the whole affair began, it seemed as if the CPMC rebuild would incorporate a host of community benefits — but those promises evaporated after the healthcare provider walked away from the negotiating table, unhappy with the terms.

Then a second agreement, with much weaker public benefits, came out of a second round of talks between CPMC and the Mayor’s Office. But by then, so much had been given up that “we were stunned,” said Calvin Welch, who joined the coalition on behalf of the Council of Community Housing Organizations. “We met with [Mayor Ed Lee] and told him, this is absolutely unacceptable.”

But the mayor wasn’t willing to address their concerns at that time. When the deal failed to win approval after a series of hearings at the Board of Supervisors, however, “the unacceptable deal that the mayor created melted in the sun of full disclosure,” Welch said.

That plan would have allowed St. Luke’s Hospital, a critically important facility for low-income patients, to shrink to just 80 beds with no guarantee that it would stay open in the long run. CPMC’s commitment to providing charitable care to the uninsured was disappointingly low. And while the project was expected to create 1,500 permanent jobs in San Francisco, the deal only guaranteed that 5 percent of those positions would go to existing San Francisco residents.

Enter the movers and shakers with San Franciscans for Healthcare, Housing, Jobs, and Justice. The coalition took its place at the negotiating table, along with CPMC, a mediator, and an unlikely trio of supervisors that included Board President David Chiu and Sups. David Campos and Mark Farrell. Over several months, the coalition put in some serious time and energy to push for a more equitable outcome.

“We pushed so hard for a smaller Cathedral Hill [Hospital] and a larger St. Luke’s,” Welch said, describing their strategy to safeguard against the closure of St. Luke’s. They also pushed for CPMC to make a better funding contribution toward affordable housing, a stronger guarantee for hiring San Franciscans at the new medical center, and improvements to transit and pedestrian safety measures as conditions of the deal.

Under the terms that were ultimately approved, St. Luke’s will remain a full-service hospital, and CPMC will commit to providing services to 30,000 “charity care” patients and 5,400 Medi-Cal patients per year.

CPMC also agreed to contribute $36.5 million to the city’s affordable housing fund, and promised to pay $4.1 million to replace homes it displaces on Cathedral Hill. Under the revised deal, 30 percent of construction jobs and 40 percent of permanent entry-level positions in the new facilities would be promised to San Francisco residents.

One of the greatest victories of all, Welch said, was how well coalition members worked together. “This was the most straight-up equal collaboration with labor and community people, equally supporting one another, that I’ve ever been involved with,” Welch said. Even though they were motivated to participate by different sets of concerns, the two sides remained mutually supportive, Welch said. During the long, grueling hearings, “The nurses never left,” he noted in amazement. “The nurses stuck around for all the community stuff.”

 

Photos by Evan Ducharme

CCSF’s new chancellor has a history running other troubled colleges

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Former Compton College Special Trustee Dr. Arthur Q. Tyler will be City College of San Francisco’s new chancellor, sources tell the Guardian. The decision ends a months-long search and comes at a time when CCSF is under state control and facing the loss of its accreditation. 

City College is in the fight for its life as the deadline of July 2014 looms ahead, at which point the Accrediting Commission of Community and Junior Colleges, may revoke its accreditation. But Tyler has been in a similar position before — as the special trustee of Compton Community College.

Tyler held the same position overseeing the troubled Compton Community College that Special Trustee Bob Agrella held before CCSF lost its accreditation. But more importantly, Tyler was at Compton Community College when it was told its accreditation was revoked in 2005.

In a letter to the community, Compton’s Board of Trustees outlined what they’d need to do: regain their footing and win an appeal to the accreditation commission. They filed for review, much like City College of San Francisco recently did. And they lost.  

Compton Community College never regained its accreditation. The college was absorbed into a neighboring district, El Camino College, and is now known as The El Camino Compton College Center. It’s essentially another campus in the El Camino system.   

The letter Compton Community College sent students when it first learned it would soon lose accreditation.

Tyler’s is now tasked with saving San Francisco’s only community college. And you have to admit, attracting candidates to a school that’s on the edge of closure couldn’t have been easy. After City College was notified it would lose accreditation in a year, the state gave Agrella the full powers of City College’s Board of Trustees, leaving San Franciscos elected college board powerless. Just exactly how much power and influence Tyler will have while the state-appointed trustee remains at City College is still unclear. 

But its Tyler’s experience working with the community college accreditation agency and the California state chancellor’s office is that made him a strong candidate, said Alisa Messer, president of City College’s faculty union AFT 2121. When asked if it worried her that Tyler led Compton college while it lost its accreditation, she said “I’m not going in with preconceived notions.” 

Tyler’s resume is seemingly glowing. He’s an anti-terrorism expert who served in the US Air Force, was vice president at Los Angeles City College and was in charge at Sacramento City College. He also speaks Farsi.

But it was his time as Deputy Chancellor of Houston Community College where he walked through fire — from allegedly resisting bribes to sexual advances from contractors. Dave Wilson, 66, runs the investigative website “Inside HCCS” in Texas that’s a tell-all about alleged dirty dealings at Houston Community College, based on the many public records requests he’s made over the years. 

One gold mine of documents Wilson obtained came when the Harris County District Attorney’s office was investigating alleged corruption at HCC. Family members and close ties allegedly helped questionable construction contracts get approved by the HCC board of trustees, according to the Houston Chronicle’s stories at the time. 

Ultimately, those accused had to take ethics training courses, but it’s the investigation itself that’s really revealing.

Law Firm Smyser Kaplan & Veselka interviewed college officials at the behest of HCC’s board in 2010. Their goal — get to the bottom of who had anything to do with getting the dirty contracts passed. Tyler, who was deputy chancellor at the time, and Houston Community College’s attorney, Larry Veselka, took extensive notes on the interview.

When looking into a construction project, Tyler told Veselka he found about $14 million in questionable spending. The interview details allegations that Tyler was receiving vague promises of sexual favors and bribes from a pair of would-be contractors, both of which he refused. But one trustee was concerned enough about Tyler’s close relationship with another trustee’s friends that Tyler’s procurement authority was limited.      

The Guardian tried contacting Tyler as well as the law firm, but has so far received no response. His appointment is expected to be announced in the morning (Wed/16), so check back later for any updates.

When asked if he was worried about any of the allegations about Tyler, John Rizzo, City College’s board of trustees president, said that none of it came up in the chancellorship interviews — but even if there was truth to it, he wasn’t worried.

“He’s going to have a lot of eyes on him,” Rizzo said. “He’ll have the state chancellor and special trustee looking over his shoulder, more than a normal chancellor would.”

And though we couldn’t get Tyler to respond to our calls, he did speak about why he’s interested in working at City College of San Francisco in his public interview there on Wednesday, Oct. 9.

“I love helping. This is not a job,” he said. When he “saw the need here” and learned that San Francisco was ailing, he thought “I hate this. I can absolutely help. I shouldn’t sit on the sidelines. I have the right skillsets and the right experiences. I know how to organize people and at least talk and listen to each other so they’re communicating.”

Government shutdown puts thousands of SF veterans’ benefits at risk

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More than 7,000 employees in Veterans Benefits Administration offices nationwide were furloughed today (Tues/8), the newest casualty of the federal government shutdown.

As the Republicans in Washington hold the nation hostage over President Obama’s Affordable Care Act, federal employees are leaving their offices in droves. Now the veterans who rely on the federal government for healthcare and education checks have nothing to do but wait on word of their uncertain futures. 

The furlough of veterans benefits workers comes at an especially awful time as they struggle to meet an enormous backlog of health benefit claims, revealed this year by the Berkeley-based Center for Investigative Reporting.

“VA’s ability to make significant progress reducing the disability claims backlog is hampered without the increased productivity gained from overtime for claims processors,” the Veterans Benefits Administration said in a statement released today. The agency has reduced the disability claims backlog by more than 190,000 claims over the last six months, it wrote.  

But even worse, it said that if the government shutdown persists into late October there would be no funding available to supply veterans with their November support checks — money many rely on for rent and food.

In the event of a prolonged shutdown, claims processing and payments in these programs would be suspended when available funding is exhausted,” the office wrote in a release.

San Francisco has veterans of many stripes who depend on federal benefits: Students paying tuition, ex-soldiers getting housing benefits, the disabled seeking health care, all would be left without support.

The loss can be felt keenly at City College of San Francisco, where the employees of its pioneering Veterans’ Resource Center wait in fear of Nov. 1. 

 “With the government shutdown we’re going to have a massive amount of people coming in asking questions,” said Adam Harris, a student worker at CCSF’s Veterans’ Resource Center. The 25-year-old is a veteran himself, and served in the Navy for six years as a petty officer second class in Iraq, Afghanistan, and Guantanamo Bay.  

“If people aren’t paid on the first when they’re expected to you get a wave of people asking ‘where’s my money at?’” he said. The GI Bill pays for full tuition for student veterans who have completed their service, and those still serving. But it’s not just tuition. 

“It’s pretty much a living allowance,” he said. In addition to tuition the the GI Bill pays for housing, food and living expenses. City College of San Francisco alone has over 1,200 student veterans according to their own data, many of whom attend full time. 

The state community college chancellor’s office, which oversees California’s 112 community colleges, said the loss of benefits would be dire for its student veterans.

“Should this come about, our student veterans would be left without education benefits and basic housing allowances,” said Paul Feist, a spokesperson for the Community College Chancellor’s office.  “It’s probably safe to assume that many student veterans would be forced to drop out of school should this occur.”

They noted that the VA’s educational benefits hotline is inaccessible during the government shutdown, cutting off a vital counseling service as student veterans navigate their tuition payments.

The CA Community College Chancellor’s Office most recent data shows that as of the 2011-12 school year, there were over 44,000 community college student veterans receiving benefits statewide, many of whom are in the Bay Area. All would be affected. 

Rachel Maddow announcing the shutdown of veteran benefits offices, which give advice and aid for veterans seeking help with their education, lhousing and health benefits.

Student at the state level colleges will fare no better, though, and there are just over 700 student veterans at San Francisco State University, according to their website. The head of SFSU’s veterans center, Rogelio Manaois, said that his office was sending regular updates to SFSU students and that they were prepared for the possible delay of benefits.

Notably not all veterans depend on the GI Bill to live. Some vets the Guardian spoke to at City College said that they had part time jobs and would not be in hardship if there were a drop in payments. Also, the VA Medical Center in the Outer Richmond announced on its website that it will not be affected by the government shutdown. Not all veterans are in the same boat, however.

Bobby Hollingsworth served as a Criminal Investigations Divisions investigator in the US Army from 1999 to 2010. Though he’s now a graduate of SFSU, he and his family depend on disability payments from the VA to live. 

Hollingsworth injured his his leg in basic training, and the repeated stress through the years required multiple surgeries that he never fully recovered from. His disability payments also cover PTSD, as through his decade of service he spent over a year listening to the explosions of mortar shells peppering his Containerized Housing Unit in Iraq. 

He remembers those days vividly.

“I heard commotion and opened my door and looked up and to the side of our CHU’s. The sky was lit up like a scene in Star Wars” he said. “We got hit with seven mortars that night and a few airmen were rushed to the hospital with unknown injuries. We just never really followed up on those things. At the time maybe we thought best not to know.”

To say he earned his benefits is an understatement, he said, and the same goes for all of his fellow Veterans. 

As a documentary filmmaker, he is investigating other Veterans who have been denied their education benefits. Now the government shutdown may delay Hollingsworth’s payments as well. 

His wife depends on them for college, he said, and without his disability payments he may be unable to make his first mortgage payment on their new house. His wife and four-year-old son will be fine for now, he said, but if the payments are delayed for long he’ll be worried.

“I can hold out for a month because of emergency savings and the food bank,” he said. “But by December, it will be a nightmare.”

Yesterday the VA posted their “Veterans Field Guide to Government Shutdown,” which can be read here.  

Endorsements 2013

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We’re heading into a lackluster election on Nov. 5. The four incumbents on the ballot have no serious challengers and voter turnout could hit an all-time low. That’s all the more reason to read up on the issues, show up at the polls, and exert an outsized influence on important questions concerning development standards and the fate of the city’s waterfront, the cost of prescription drugs, and the long-term fiscal health of the city.

 

PROP. A — RETIREE HEALTH CARE TRUST FUND

YES

Note: This article has been corrected from an earlier version, which incorrectly stated that Prop A increases employee contributions to health benefits.

Throughout the United States, the long-term employee pension and health care obligations of government agencies have been used as wedge issues for anti-government activists to attack public employee unions, even in San Francisco. The fiscal concerns are real, but they’re often exaggerated or manipulated for political reasons.

That’s one reason why the consensus-based approach to the issue that San Francisco has undertaken in recent years has been so important, and why we endorse Prop. A, which safeguards the city’s Retiree Health Care Trust Fund and helps solve this vexing problem.

Following up on the consensus pension reform measure Prop. B, which increased how much new city employees paid for lifetime health benefits, this year’s Prop. A puts the fund into a lock-box to ensure it is there to fund the city’s long-term retiree health care obligations, which are projected at $4.4 billion over the next 30 years.

“The core of it says you can’t touch the assets until it’s fully funded,” Sup. Mark Farrell, who has taken a lead role on addressing the issue, told us. “The notion of playing political football with employee health care will be gone.”

The measure has the support of the entire Board of Supervisors and the San Francisco Labor Council. Progressive Sup. David Campos strongly supports the measure and he told us, “I think it makes sense and is something that goes beyond political divides.”

There are provisions that would allow the city to tap the fund in emergencies, but only after it is fully funded or if the mayor, controller, the Trust Board, and two-thirds of the Board of Supervisors signs off, a very high bar. So vote yes and let’s put this distracting issue behind us.

 

PROP. B — 8 WASHINGTON SPECIAL USE DISTRICT

NO, NO, NO!

Well-meaning people can arrive at different conclusions on the 8 Washington project, the waterfront luxury condo development that was approved by the Board of Supervisors last year and challenged with a referendum that became Prop. C. But Prop. B is simply the developer writing his own rules and exempting them from normal city review.

We oppose the 8 Washington project, as we explain in our next endorsement, but we can understand how even some progressive-minded people might think the developers’ $11 million affordable housing and $4.8 million transit impact payments to the city are worth letting this project slide through.

But Prop. B is a different story, and it’s something that those who believe in honesty, accountability, and good planning should oppose on principle, even if they support the underlying project. Contrary to the well-funded deceptions its backers are circulating, claiming this measure is about parks, Prop. B is nothing more than a developer and his attorneys preventing meaningful review and enforcement by the city of their vague and deceptive promises.

It’s hard to know where to begin to refute the wall of mendacity its backers have erected to fool voters into supporting this measure, but we can start with their claim that it will “open the way for new public parks, increased access to the Embarcadero Waterfront, hundreds of construction jobs, new sustainable residential housing and funding for new affordable housing.”

There’s nothing the public will get from Prop. B that it won’t get from Prop. C or the already approved 8 Washington project. Nothing. Same parks, same jobs, same housing, same funding formulas. But the developer would get an unprecedented free pass, with the measure barring discretionary review by the Planning Department — which involves planners using their professional judgment to decide if the developer is really delivering what he’s promising — forcing them to rubber-stamp the myriad details still being developed rather than acting as advocates for the general public.

“This measure would also create a new ‘administrative clearance’ process that would limit the Planning Director’s time and discretion to review a proposed plan for the Site,” is how the official ballot summary describes that provision to voters.

Proponents of the measure also claim “it empowers voters with the decision on how to best utilize our waterfront,” which is another deception. Will you be able to tweak details of the project to make it better, as the Board of Supervisors was able to do, making a long list of changes to the deal’s terms? No. You’re simply being given the opportunity to approve a 34-page initiative, written by crafty attorneys for a developer who stands to make millions of dollars in profits, the fine details of which most people will never read nor fully understand.

Ballot box budgeting is bad, but ballot box regulation of complex development deals is even worse. And if it works here, we can all expect to see more ballot measures by developers who want to write their own “special use district” rules to tie the hands of planning professionals.

When we ask proponents of this measure why they needed Prop. B, they claimed that Prop. C limited them to just talking about the project’s building height increases, a ridiculous claim for a well-funded campaign now filling mailers and broadcast ads with all kinds of misleading propaganda.

With more than $1 million and counting being funneled into this measure by the developer and his allies, this measure amounts to an outrageous, shameless lie being told to voters, which Mayors Ed Lee and Gavin Newsom have shamefully chosen to align themselves with over the city they were elected to serve.

As we said, people can differ on how they see certain development deals. But we should all agree that it’s recipe for disaster when developers can write every last detail of their own deals and limit the ability of professional planners to act in the public interest. Don’t just vote no, vote hell no, or NO, No, no!

 

PROPOSITION C — 8 WASHINGTON REFERENDUM

NO

San Francisco’s northeastern waterfront is a special place, particularly since the old Embarcadero Freeway was removed, opening up views and public access to the Ferry Building and other recently renovated buildings, piers, and walkways along the Embarcadero.

The postcard-perfect stretch is a major draw for visiting tourists, and the waterfront is protected by state law as a public trust and overseen by multiple government agencies, all of whom have prevented development of residential or hotel high-rises along the Embarcadero.

Then along came developer Simon Snellgrove, who took advantage of the Port of San Francisco’s desperate financial situation, offered to buy its Seawall Lot 351 and adjacent property from the Bay Club at 8 Washington St., and won approval to build 134 luxury condos up to 12 stories high, exceeding the city’s height limit at the site by 62 percent.

So opponents challenged the project with a referendum, a rarely used but important tool for standing up to deep-pocketed developers who can exert an outsized influence on politicians. San Franciscans now have the chance to demand a project more in scale with its surroundings.

The waterfront is supposed to be for everyone, not just those who can afford the most expensive condominiums in the city, costing an average of $5 million each. The high-end project also violates city standards by creating a parking space for every unit and an additional 200 spots for the Port, on a property with the best public transit access and options in the city.

This would set a terrible precedent, encouraging other developers of properties on or near the waterfront to also seek taller high-rises and parking for more cars, changes that defy decades of good planning work done for the sensitive, high-stakes waterfront.

The developers would have you believe this is a battle between rival groups of rich people (noting that many opponents come from the million-dollar condos adjacent to the site), or that it’s a choice between parks and the surface parking lot and ugly green fence that now surrounds the Bay Club (the owner of which, who will profit from this project, has resisted petitions to open up the site).

But there’s a reason why the 8 Washington project has stirred more emotion and widespread opposition that any development project in recent years, which former City Attorney Louise Renne summed up when she told us, “I personally feel rich people shouldn’t monopolize the waterfront.”

A poll commissioned by project opponents recently found that 63 percent of respondents think the city is building too much luxury housing, which it certainly is. But it’s even more outrageous when that luxury housing uses valuable public land along our precious waterfront, and it can’t even play by the rules in doing so.

Vote no and send the 8 Washington project back to the drawing board.

 

PROP. D — PRESCRIPTION DRUG PURCHASING

YES

San Francisco is looking to rectify a problem consumers face every day in their local pharmacy: How can we save money on our prescription drugs?

Prop. D doesn’t solve that problem outright, but it mandates our politicians start the conversation on reducing the $23 million a year the city spends on pharmaceuticals, and to urge state and federal governments to negotiate for better drug prices as well.

San Francisco spends $3.5 million annually on HIV treatment alone, so it makes sense that the AIDS Healthcare Foundation is the main proponent of Prop. D, and funder of the Committee on Fair Drug Pricing. Being diagnosed as HIV positive can be life changing, not only for the health effects, but for the $2,000-5,000 monthly drug cost.

Drug prices have gotten so out-of-control that many consumers take the less than legal route of buying their drugs from Canada, because our neighbors up north put limits on what pharmaceutical companies can charge, resulting in prices at least half those of the United States.

The high price of pharmaceuticals affects our most vulnerable, the elderly and the infirm. Proponents of Prop. D are hopeful that a push from San Francisco could be the beginning of a social justice movement in cities to hold pharmaceutical companies to task, a place where the federal government has abundantly failed.

Even though Obamacare would aid some consumers, notably paying 100 percent of prescription drug purchases for some Medicare patients, the cost to government is still astronomically high. Turning that around could start here in San Francisco. Vote yes on D.

 

ASSESSOR-RECORDER

CARMEN CHU

With residential and commercial property in San Francisco assessed at around $177 billion, property taxes bring in enough revenue to make up roughly 40 percent of the city’s General Fund. That money can be allocated for anything from after-school programs and homeless services to maintaining vital civic infrastructure.

Former District 4 Sup. Carmen Chu was appointed by Mayor Ed Lee to serve as Assessor-Recorder when her predecessor, Phil Ting, was elected to the California Assembly. Six months later, she’s running an office responsible for property valuation and the recording of official documents like property deeds and marriage licenses (about 55 percent of marriage licenses since the Supreme Court decision on Prop. 8 have been issued to same-sex couples).

San Francisco property values rose nearly 5 percent in the past year, reflecting a $7.8 billion increase. Meanwhile, appeals have tripled from taxpayers disputing their assessments, challenging Chu’s staff and her resolve. As a district supervisor, Chu was a staunch fiscal conservative whose votes aligned with downtown and the mayor, so our endorsement isn’t without some serious reservations.

That said, she struck a few notes that resonated with the Guardian during our endorsement interview. She wants to create a system to automatically notify homeowners when banks begin the foreclosure process, to warn them and connect them with helpful resources before it’s too late. Why hasn’t this happened before?

She’s also interested in improving system to capture lost revenue in cases where property transfers are never officially recorded, continuing work that Ting began. We support the idea of giving this office the tools it needs to go out there and haul in the millions of potentially lost revenue that property owners may owe the city, and Chu has our support for that effort.

 

CITY ATTORNEY

DENNIS HERRERA

Dennis Herrera doesn’t claim to be a progressive, describing himself as a good liberal Democrat, but he’s been doing some of the most progressive deeds in City Hall these days: Challenging landlords, bad employers, rogue restaurants, PG&E, the healthcare industry, opponents of City College of San Francisco, and those who fought to keep same-sex marriage illegal.

The legal realm can be more decisive than the political, and it’s especially effective when they work together. Herrera has recently used his office to compel restaurants to meet their health care obligations to employees, enforcing an earlier legislative gain. And his long court battle to defend marriage equality in California validated an act by the executive branch.

But Herrera has also shown a willingness and skill to blaze new ground and carry on important regulation of corporate players that the political world seemed powerless to touch, from his near-constant legal battles with PG&E over various issues to defending tenants from illegal harassment and evictions to his recent lawsuit challenging the Accreditation Commission of Community and Junior Colleges over its threats to CCSF.

We have issues with some of the tactics his office used in its aggressive and unsuccessful effort to remove Sheriff Ross Mirkarimi from office. But we understand that is was his obligation to act on behalf of Mayor Ed Lee, and we admire Herrera’s professionalism, which he also exhibited by opposing the Central Subway as a mayoral candidate yet defending it as city attorney.

“How do you use the power of the law to make a difference in people’s lives every single day?” was the question that Herrera posed to us during his endorsement interview, one that he says is always on his mind.

We at the Guardian have been happy to watch how he’s answered that question for nearly 11 years, and we offer him our strong endorsement.

 

TREASURER/TAX COLLECTOR

JOSE CISNEROS

It’s hard not to like Treasurer/Tax Collector Jose Cisneros. He’s charming, smart, compassionate, and has run this important office well for nine years, just the person that we need there to implement the complicated, voter-approved transition to a new form of business tax, a truly gargantuan undertaking.

Even our recent conflicts with Cisneros — stemming from frustrations that he won’t assure the public that he’s doing something about hotel tax scofflaw Airbnb (see “Into thin air,” Aug. 6) — are dwarfed by our understanding of taxpayer privacy laws and admiration that Cisneros ruled against Airbnb and its ilk in the first place, defying political pressure to drop the rare tax interpretation.

So Cisneros has the Guardian’s enthusiastic endorsement. He also has our sympathies for having to create a new system for taxing local businesses based on their gross receipts rather than their payroll costs, more than doubling the number of affected businesses, placing them into one of eight different categories, and applying complex formulas assessing how much of their revenues comes from in the city.

“This is going to be the biggest change to taxes in a generation,” Cisneros told us of the system that he will start to implement next year, calling the new regime “a million times more complicated than the payroll tax.”

Yet Cisneros has still found time to delve into the controversial realm of short-term apartment sublets. Although he’s barred from saying precisely what he’s doing to make Airbnb pay the $1.8 million in Transient Occupancy Taxes that we have shown the company is dodging, he told us, “We are here to enforce the law and collect the taxes.”

And Cisneros has continued to expand his department’s financial empowerment programs such as Bank on San Francisco, which help low-income city residents establish bank accounts and avoid being gouged by the high interest rates of check cashing outlets. That and similar programs are now spreading to other cities, and we’re encouraged to see Cisneros enthusiastically exporting San Francisco values, which will be helped by his recent election as president of the League of California Cities.

 

SUPERVISOR, DIST. 4

KATY TANG

With just six months on the job after being appointed by Mayor Ed Lee, Sup. Katy Tang faces only token opposition in this race. She’s got a single opponent, accountant Ivan Seredni, who’s lived in San Francisco for three years and decided to run for office because his wife told him to “stop complaining and do something,” according to his ballot statement.

Tang worked in City Hall as a legislative aide to her predecessor, Carmen Chu, for six years. She told us she works well with Sups. Mark Farrell and Scott Wiener, who help make up the board’s conservative flank. In a predominantly Chinese district, where voters tend to be more conservative, Tang is a consistently moderate vote who grew up in the district and speaks Mandarin.

Representing the Sunset District, Tang, who is not yet 30 years old, faces some new challenges. Illegal “in-law” units are sprouting up in basements and backyards throughout the area. This presents the thorny dilemma of whether to crack down on unpermitted construction — thus hindering a source of housing stock that is at least within reach for lower-income residents — look the other way, or “legalize” the units in an effort to mitigate potential fire hazards or health risks. Tang told us one of the greatest concerns named by Sunset residents is the increasing cost of living in San Francisco; she’s even open to accepting a little more housing density in her district to deal with the issue.

Needless to say, the Guardian hasn’t exactly seen eye-to-eye with the board’s fiscally conservative supervisors, including Tang and her predecessor, Chu. We’re granting Tang an endorsement nevertheless, because she strikes us as dedicated to serving the Sunset over the long haul, and in touch with the concerns of young people who are finding it increasingly difficult to gain a foothold in San Francisco.

Fight to save City College grows teeth and bites back

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Saving City College of San Francisco became a bigger battle yesterday when the California Federation of Teachers announced a lawsuit in San Francisco Superior Court to keep CCSF open.

The suit is directed against the Accrediting Commission for Community and Junior Colleges, which pronounced the college’s death sentence July 3 by promising to revoke its accreditation in a year, without which a school cannot receive state funding and its students cannot get federal loans. 

Now, the ACCJC finds itself the institution under investigation by the feds and even City Attorney Dennis Herrera, and the CFT lawsuit is the latest legal challenge to the accreditors. 

The CFT charged the accrediting commission with using unfair and illegal business practices in its efforts to abolish City College. When asked for a statement about the impending lawsuit, ACCJC representative Tom Lane declined to comment.

“The ACCJC must be held accountable for their reckless, irresponsible and illegal actions,” CFT President Joshua Pechtalt explained at the Sept. 23 press conference held on the steps of City Hall, where the suit was announced. More importantly, Pechtalt said, winning this lawsuit could potentially stop the closure of CCSF.

A group of students, faculty, and elected officials stood with Pechtalt on the stone steps. One by one, they enumerated the improper activities that will be the basis of their lawsuit against the ACCJC: failing to adhere to its own policies and bylaws, violations of state and federal laws, and sanctioning CCSF without just cause.

Assemblymember Tom Ammiano said that the illegal behavior must stop here and now.

“The blatant lack of transparency, the loose interpretation of the rules, all seen through a lens of hubris and elitism, cannot continue,” he said. “San Francisco is our backyard and the college is our treasure.”

While Ammiano admitted that CCSF is not without its flaws and areas in need of improvement, he was quick to assert that closing the college was not the solution. “Stay out of our backyard unless you have something constructive to say,” he declared.

CCSF Student Trustee Shanell Williams assured the crowd that the lawsuit would be won. “The diverse population of the San Francisco Bay Area, including working families, single parents, new immigrants and others, depends greatly on this college being here,” she said. “If we lose City, we are going to be on our way to being an indentured, working class state.”

If the ACCJC succeeds in San Francisco, it will pave the way for identical treatment of other schools across the state, Williams said. Likewise, CCSF triumphing over the commission would be a victory for every community college in California.

Sup. David Campos also recognized the vital importance of CCSF’s continued existence. “We cannot have the American dream alive in San Francisco if City College closes,” he said. “This fight is about the soul of our city. ”

The US Department of Education has cited the ACCJC for failing to follow its own rules and procedures. A month ago, the Joint Legislative Audit Committee began investigating the commission. The following day, Herrera filed a lawsuit against the ACCJC, claiming it had illegally allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards.

A new report released by the city’s Budget and Legislative Analyst on Sept. 16 detailed the economic impact to San Francisco if City College were to close. The report was requested by Supervisor Eric Mar. We’ve detailed some of the report’s findings in the infographic below. 

ccsf closure infographic 

 

Chronicle: Don’t question the City College takeover, just submit to the flawed ACCJC

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I have very low expectations from editorials in the San Francisco Chronicle, which generally share a worldview with the Chamber of Commerce and carry water for some powerful Establishment figure or another. But today’s editorial on City Attorney Dennis Herrera’s lawsuit defending City College is so bad and illogical that it reads like an Onion parody of a Chronicle editorial.

Clearly put up to it by some of the most reactionary figures in the Mayor’s Office, Chronicle Editorial Page Editor John Diaz or one his lackeys parrot the submissive stance that Mayor Ed Lee has taken toward outsiders with corporatist agenda that have seized control of City College and sought to make a high-profile example of it.

“The city’s leaders should be calling for tough love, not coddling dysfunction. Fortunately, Mayor Ed Lee has done just that – but, regrettably, the city attorney is going in the opposite direct [sic],” the Chronicle wrote.

And by “tough love,” they apparently mean obedient and unquestioning compliance with an obscure accrediting agency’s demand that City College slash community-based curriculum; close facilities relied on by both students and local nonprofit groups; rip up contracts with faculty and force instructors to live on part-time wages; distill course offerings down to just what serve corporations, universities, and banking interests; and other aspects of an educational agenda that hasn’t been properly vetted in public hearings or approved by any elected body.

Herrera is to be applauded for pointing out the overreach and conflicts-of-interest on the Accrediting Commission of Community and Junior Colleges, which were also recently criticized by the US Department of Education. And we’re excited to see what Herrera uncovers during the discovery process in his lawsuit against a secretive, corporate-connected, document-shredding agency that broke its own internal rules in its treatment of City College.

The Chronicle graciously refers to these unavoidable facts in a brief paragraph, writing that the ACCJC “is not without flaws. It’s secretive, and its internal policies drew a rebuke from the U.S. Department of Education after City College faculty filed complaints about its conduct.”

But then it dimisses that and shows a suspicious incuriosity about why the ACCJC is being so secretive and what its agenda might be, instead doubling down on criticizing City College in a way that is so over-the-top that this fine institution is unrecognizable to anyone who is actually familiar with it, which Diaz and company clearly aren’t.   

“The needed changes include hiring a comptroller to organize financial controls, making sure students pay for classes, and overhauling a loose-fit governance system that puts faculty, students and staff in charge of operations with inadequate administrative controls. Lee has strongly endorsed an overhaul of City College’s ramshackle operations,” the Chronicle writes.

Unlike us here at the Guardian, where I’ve written two recent editorials in support of democracy and local control and critical of Lee and others who have been too quick to cooperate with the toppling of the locally elected Board of Trustees, the Chronicle apparently believe in more authoritarian methods of governance.

“The first repairs are now under way. The powers of the elected community college board are on hold, and a special trustee dispatched by state Community College Chancellor Brice Harris is in charge,” the Chronicle writes.

And as we report in our upcoming issue, that special trustee also has no interest in questioning the ACCJC’s process or methods or even allowing the public to review internal communications. It’s a shame that bootlickers like Lee and the Chronicle have sold out such an important local institution to their corporate masters, but luckily for San Francisco, Herrera, the California Federation of Teachers, the Guardian, other progressive media voices, and hundreds of our community partners aren’t giving up so easily, instead pushing for an open, truthful, democratic, and transparent discussion about City College’s mission and its future.

SF City Attorney Dennis Herrera sues to keep City College open

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City Attorney Dennis Herrera filed a suit today to block City College of San Francisco’s accreditation agency from closing down the school.

The accreditation agency, the Association of California Community and Junior Colleges, moved to put City College on a sanction last July that would lead to its closure in exactly one year. Since then, enrollment at the college has plummeted and the school has been in the fight for its very existence. Now Herrera is saying that closure action was improper, unwarranted, and out of line with the agency’s prior actions.

Herrera’s suit alleges the ACCJC unlawfully allowed its advocacy and political bias to prejudice its evaluation of college accreditation standards, he said. “It is a matter of public record that the ACCJC has been an advocate to reshape the mission of California community colleges,” Herrera said, and that was the basis of his suit.

The ACCJC cannot be advocates for change in the higher education system, he said. “There’s a reason judges aren’t advocates and advocates aren’t judges,” he said. “Now we have no problem with the right of others to advocate an agenda against the open access mission… but we should have a problem with an entity charged with evaluation engages in political advocacy.”

Notably, the ACCJC wanted City College to shrink its mission, concentrating its money on students who could transfer easily to four year institutions from City College, which many advocates say would leave students learning trades, new English learners, and other disenfranchised students in the dust. You can see our coverage on that here.

Above: Text of Herrera’s suit and a press release with more information, courtesy of Sara Bloomberg, reporter for City College’s newspaper The Guardsman.

 

Herrera also filed an administrative action against the California Community College Board of Governors, saying they had abandoned their role as the check and balance on community colleges, and left it to a private institution that was unaccountable to the public (for full disclosure, I am named in Herrera’s suit on pages 16 and 18 for my role advocating against the Student Success Act of 2012 to the Board of Governors. I was a student at the time, not a professional reporter, and I have no personal stance on the future of the ACCJC). The Board of Governors oversees the 112 community colleges in California, the largest body of community colleges in the country. 

Alisa Messer, the faculty union president of City College, agreed that the Board of Governors should not be abdicating its policy and oversight role. 

“No outside, unaccountable agency should be making up its own rules or setting policy for our state’s colleges,” she said. 

City College Trustee Rafael Mandelman applauded action against the ACCJC.

“At this point I think it absolutely critical the ACCJC is not in the driver’s seat making these decisions, they’re not fit to do that,” he told the Guardian.

This past Tuesday City College submitted review documents to the ACCJC attesting to why it should be allowed to stay open and accredited, and Therese M. Stewart, the chief deputy city attorney, said that while they sent an order to ACCJC not to destroy documents, they had not yet obtained any documents yet. “We haven’t actually sought documents yet from the ACCJC, we asked them to not destroy documents so that we may seek them later,” she said. “Eventually we will get them.”

City College’s judges get judged

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City College of San Francisco had its accreditation revoked by the Accrediting Commission of Junior and Community Colleges in July, and now the ACCJC is getting a taste of its own medicine — its own existence has been threatened over its treatment of City College.

In an Aug. 13 letter to ACCJC President Barbara Beno, the Department of Education found it out of compliance with the Education Secretary’s regulations governing accrediting agencies, as well as the ACCJC’s own internal rules.

“Therefore, we have determined that in order to avoid initiation of an action to limit, suspend or terminate ACCJC’s recognition, ACCJC must take immediate steps to correct the areas of non-compliance in this letter,” the letter reads.

The DOE found the ACCJC noncompliant in four areas: A conflict of interest because Beno’s husband served on the visiting team that evaluated City College, no clear policies on who should serve on those teams (with the letter noting the teams were stacked with administrators rather than educators), no defined distinction between “deficiencies” and “recommendations” or indication of their severity levels, and failure to give CCSF two years to correct those deficiencies, as ACCJC policies call for.

Ironically, the ACCJC has plenty of time to correct its own shortcomings. “The process in this case is that ACCJC will have an opportunity to provide information about the steps it has taken to come into compliance with the cited criteria in its response to the draft staff analysis of the agency’s petition for renewal of its recognition, which is currently under review,” DOE spokesperson Jane Glickman told the Guardian, noting that there will be a hearing in mid-December, with possible actions ranging from limiting the agency’s authority to giving it another year to come into compliance.

But she said the DOE can’t directly help City College: “The Department does not have the authority to require an agency to change any accreditation decision it has made. The agency (ACCJC) needs to amend its policies and procedures and provide documentation that it follows its amended policies and procedures to demonstrate that it is in compliance with the cited criteria.”

The California Federation of Teachers, which filed the appeal with the DOE, wants the ACCJC to reconsider its sanction of City College in light of these validated concerns over its process.

“We are gratified that the U.S. Dept. of Education agreed with us that the process was deeply flawed, and we call on the ACCJC to rescind its unprecedented decision to deny accreditation to CCSF,” CFT President Joshua Pechthalt, wrote in a press release.

But ACCJC Vice President of Policy and Research Krista Johns told us that DOE’s concerns were narrow and shouldn’t affect its actions against City College:”The overall result of the US Department [of Education]’s analysis and study of the documents presented by the CFT about the ACCJC really affirmed that we are in compliance to a very large degree with all of the many regulations that touch on accreditors.”

But it’s still an open question whether the DOE’s findings will affect the decision to revoke City College’s accreditation and turn control over the institution to a state-appointed special trustee.

“We’re still analyzing the letter. There’s a lot in there,” Paul Feist, spokesperson for the State Community College Chancellor’s Office, told us. “I don’t know if it could say there is any reprieve [for City College]. Regardless, there are a number of problems with City College that need fixing.”

But even a cursory analysis of the letter reveals something that raises suspicions about the integrity of the entire process: the DOE letter raises concerns about why the ACCJC chose to go beyond its own policies to sock it to City College.

The college’s appeal ultimately is in the hands of the new Super Trustee of City College, Bob Agrella, who acts with all of the powers of the college’s now defunct board. But Agrella has, in past interviews, agreed with the way the ACCJC is run.

“I think the way the commission operates is okay,” he told City College’s newspaper, The Guardsman. “I’ve dealt with their policies and operating procedures at other institutions where I worked that were dealing with addressing accreditation problems—not to the same degree as here at City College—and the process worked there.”

But Karen Saginor, the ex-City College academic senate president, said the DOE criticism of the process should be taken into account in the appeal of the accreditation revocation decision.

“It’s pretty exciting, that letter,” Saginor told the Guardian. “It’s recognition from an important authority that there are irregularities in the process that put us on show cause. We’ve been saying ‘it wasn’t fair.’ And we’ve been told ‘its a totally fair process, you’re just not happy because you don’t like the result.’ Now we have an important authority verifying what we’ve been saying.”

Protect local power and control

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EDITORIAL There’s a growing stench of political corruption — or, at the very least, hidden agendas aimed at subverting popular will in favor of entrenched corporate interests — emanating from the Mayor’s Office these days. And it’s undermining projects and institutions that are vital to the future of San Francisco.

In the last week, a pair of important developments illuminated the shady way business gets done in San Francisco. The first instance concerned City College of San Francisco, which had its accreditation rashly revoked last month, prompting Mayor Ed Lee to enthusiastically support the disbanding of the locally elected Board of Trustees and the takeover of City College by state-appointed outsiders bent on shutting down community-based facilities and classes.

While Lee and the San Francisco Chronicle have been cheerleading this loss of local control and the corporatist agenda behind it — CCSF was criticized for resisting the narrowing of its mission to focus on job training and college prep — we at the Guardian have questioned this process and the motives behind it.

In a cover story (“Who killed City College?” July 9), editorial (“Why democracy matters,” July 23), and other coverage, we’ve highlighted how the attack on CCSF is part of national movement to focus schools on job training rather than broad-based education, and questioned the haste with which CCSF’s local leadership was usurped.

Critics mocked these concerns, as they did those of the California Federation of Teachers, which formally challenged the actions by the Accrediting Commission of Community and Junior Colleges, with Lee and others saying that we need to just accept the death threats against CCSF and do whatever these outsiders are asking.

So on Aug. 13, when the US Department of Education sustained the CFT appeal and found the ACCJC in violation of federal regulations and its own internal standards in its approach to City College, it validated our concerns and called into question Lee’s hair-trigger abandonment of City College’s local leaders.

Frankly, we’re puzzled by Lee’s approach to City College — from his appointment of right-wing ideologue Rodrigo Santos as a trustee last year (who subsequently got trounced in the election) to his resistance to helping the college before the state takeover — but we suspect it’s connected to Lee’s focus on “jobs, jobs, jobs” to the exclusion of other issues and values.

But Lee only counts private sector jobs, not those created to serve the public interest like the thousands of jobs that would be created by CleanPowerSF, a program that Lee opposes and that his appointees to the SF Public Utilities Commission are actively subverting.

As we report in this issue, CleanPowerSF is a renewable energy program approved last year by a veto-proof majority on the Board of Supervisors, but it’s being blocked by the SFPUC’s refusal to approve the rates and sign the contracts, with commissioners raising concerns that go well beyond their purview at this point.

It’s time for Mayor Lee to start serving the people of San Francisco instead of the corporate titans and political benefactors who elevated this loyal career bureaucrat into the big chair in Room 200.

 

*UPDATED 8/15* Tables turned: Department of Education finds City College’s accreditors out of compliance

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UPDATE 8/15, 7PM: The U.S. Department of Education got back to the Guardian to explain their letter in further detail, answering the questions “Can the Department of Ed. reverse the decision to revoke City College’s accreditation?” and “How likely is it that the ACCJC will be closed by the Department of Ed.?”

Their answers, via spokesperson Jane Glickman: “The Department does not have the authority to require an agency to change any accreditation decision it has made.  The agency (ACCJC) needs to amend its policies and procedures and provide documentation that it follows its amended policies and procedures to demonstrate that it is in compliance with the cited criteria. During the past few years, a small number of agencies have withdrawn from the recognition process after having been found out of compliance with a large number of criteria rather than facing a decision to deny their request for a renewal of recognition. A few agencies have had their recognition limited for a period of time.”

And how likely is i the ACCJC will be closed? “The language in the letter is standard whenever we find an agency out of compliance with any criteria because of the statutory requirements.  The process in this case is that ACCJC will have an opportunity to provide information about the steps it has taken to come into compliance with the cited criteria in its response to the draft staff analysis of the agency’s petition for renewal of its recognition, which is currently under review. The Assistant Secretary is required to make a decision within 90 days of the National Advisory Committee on Institutional Quality and Integrity (NACIQI) meeting.  The meeting is scheduled for mid December.   Possible decisions include:
* continuing the agency’s recognition and requiring the agency to come into compliance with the cited criteria within 12 months and to submit a compliance report 30 days thereafter for review (as described above)
* limiting the agency’s recognition in some way
* denying the request for renewal of recognition

In making such a decision, the Assistant Secretary would take into consideration the severity of the compliance issues and potential impact on the agency’s being a reliable authority as to the quality of the education provided by the entities it accredits.  It would not be based merely on the number of citations.” END UPDATE

City College had its accreditation revoked by the Accrediting Commission of Junior and Community Colleges this past July, and now the ACCJC is getting a taste of its own medicine — its own existence has been threatened over its treatment of City College.

[Editor’s Note: This story may have major implications as far as City College’s future accreditation status. We posted this ASAP, but will be adding more information from sources as the news develops. Refresh this page for the newest info.]

In a letter to the accrediting commission of the West, the ACCJC, the Department of Education found it out of compliance with the (Education) Secretary’s Criteria for Recognition, a set of national education standards all accrediting bodies are held to. 

And the ACCJC’s non-compliance with those four standards could lead to its termination. 

From the letter: “Therefore, we have determined that in order to avoid initiation of an action to limit, suspend or terminate ACCJC’s recognition, ACCJC must take immediate steps to correct the areas of non-compliance in this letter.”

The DOE found the accrediting commission, ACCJC, noncompliant in four areas: A conflict of interest as the president, Barbara Beno, had her husband serve on the visiting team that evaluated City College, no clear policies on who should serve on those teams, no clear distinction between “deficiencies” and “recommendations,” and what the severity level for those would be, and for not following their own policies on a two-year timeframe to correct those deficiencies. 

Krista Johns, vice president of policy and research at the ACCJC, talked to the Guardian, painting the DOE letter in a positive light.

“The overall result of the US departments analysis and study of the documents presented by the CFT about the ACCJC really affirmed that we are in compliance to a very large degree with all of the many regulations that touch on accreditors,” Johns said.

The California Federation of Teachers had a different take on the letter. “We are gratified that the U.S. Dept. of Education agreed with us that the process was deeply flawed, and we call on the ACCJC to rescind its unprecedented decision to deny accreditation to CCSF,” wrote CFT President Joshua Pechthalt, in a press release. 

But will the DOE’s findings halt the decision to revoke City College’s accreditation? That’s the $200 million question, and its all too soon to have any decisions drawn yet, said Paul Feist, spokesperson for the State Community College Chancellor’s Office.

“We’re still analyzing the letter. Theres a lot in there,” he said. “I don’t know if it could say there is any reprieve (for City College). Regardless there are a number of problems with City College that need fixing.”

But even a cursory analysis of the letter reveals something that could truly turn everything around: The DOE letter could be seen as saying that the institution is out of compliance with its own policies, which is huge. And it raises the question of why the ACCJC chose to go beyond its own policies to sock it to City College.

The letter basically says that the ACCJC treated “deficiencies” found in 2012 with enough gravity to begin revoking the college’s accreditation, but did not find them serious enough to follow its own procedure of only allowing two years to correct those same deficiencies, which the ACCJC found in 2006.

Basically, the ACCJC is contradicting itself, the DOE wrote, leading to the question: “Were they even deficiencies in the first place?”

“The agency cannot treat an issue serious enough to require reporting and to be part of the rationale for the show cause order, but not serious enough to enforce the timeframe to return to compliance, as required by federal regulation,” the report reads. “The commission has not demonstrated appropriate implementation of this regulation. Allowing an institution to be out-of-compliance with any standard for more than two years is not permissible within 602.20(a)of the Secretary’s Criteria for Recognition.” 

Notably, the ACCJC’s own bylaws, under Article XI, Section 7, a college could appeal its accreditation decision if “there were errors or omissions in carrying out prescribed procedures on the part of the evaluation team and/or the Commission which materially affected the Commission’s action.”

In plain english, if the ACCJC messed up on enforcing its own policies, City College may get a pass on its accreditation decision.

The ACCJC responded to the allegation in its press release, saying “the (DOE) has determined the ACCJC should have taken adverse action on CCSF sooner after the 2006 evaluation review…However, the Commission feels it acted in a timely fashion.”

 

The accrediting commission denied that it violated any of its policies, and said the text of their bylaws would make it hard to use the DOE letter to make an appeal to reverse their decision to close City College. 

 

“The important part (of the appeals process bylaws) is ‘which materially affected the Commission’s action,’” Johns, from the ACCJC said. She said any error on the ACCJC’s part would need to be seen as having enough gravity to have affected their decision making process. 

And the independent panel that oversees the appeals process is actually chosen by Dr. Barbara Beno, president of the ACCJC, and a few other colleagues on the commission.

The commission gets to choose and appoint the people who investigate themselves, essentially.

When asked if this looked like a conflict of interest baked into the system, Johns disagreed. 

“This is fully in line with regulations and practice of accreditation, she said, adding “The institution (City College) does have the right to challenge any hearing members for cause.”

The college’s appeal ultimately is in the hands of the new Super Trustee of City College, Bob Agrella, who acts with all of the powers of the college’s now defunct board. But Agrella has, in past interviews, agreed with the way the ACCJC is run. 

“I think the way the commission operates is OK,” he told Sara Bloomberg, of City College’s newspaper, The Guardsman. “I’ve dealt with their policies and operating procedures at other institutions where I worked that were dealing with addressing accreditation problems—not to the same degree as here at City College—and the process worked there.” 

The non-compliance was discovered after the California Federation of Teachers, working with City College’s teacher union, the AFT 2121, filed a nearly 300-page legal complaint against the ACCJC with the Department of Education, alleging that the accrediting commission had conflicts of interest in evaluating City College and did not follow its own policies or procedures. But as the battle over the ACCJC’s verdict to revoke City College’s accreditation raged on, a split erupted in the college.

Half of the college rallied with groups like Save CCSF, calling the decision about City College unjust. Another half of the college basically said “sit down and shutup,” calling the protests and legal filings unwarranted, sour grapes, and a crazy conspiracy theory. 

 

Even local media outlets have played it mostly straight, and generally have not held the ACCJC’s feet to the fire. The Guardian however published many articles, such as “Who Killed City College?” pointing out irregularities in the ACCJC’s process. 

 

People like Karen Saginor, the ex-City College academic senate president, long fought the ACCJC decision and now feel vindicated. 

“Its pretty exciting, that letter,” Saginor told the Guardian. “Its recognition from an important authority that there are irregularities in the process that put us on show cause. We’ve been saying ‘it wasn’t fair.’ And we’ve been told ‘its a totally fair process, you’re just not happy because you don’t like the result.’ Now we have an important authority verifying what we’ve been saying.”

Time will tell what will come of the DOE letter, if anything. But for now it seems that if the ACCJC being out of compliance with its own rules is a conspiracy theory, then the Department of Education is wearing the biggest tin-foil hat in the room, and is onto something significant.