Chamber of Commerce

End the healthcare scam

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OPINION Last year, after receiving data from San Francisco, the Wall Street Journal reported on an investigation into the use of health reimbursement accounts by several local restaurants. It showed a group of employers evading the city’s health care law while charging their customers a “Healthy San Francisco” surcharge that is never actually spent on employees’ health care.

Rather than providing health coverage to their workers, as customers are led to believe, the restaurants are allocating funds for HRAs — and taking back the funds before they can be used.

The numbers speak for themselves: Of the $62 million that was set aside for health care accounts in 2010, more than $50 million was kept by employers.

Workers spoke about never being notified about the accounts; being forced to jump through numerous, often onerous hoops to receive reimbursements or never receiving reimbursements; facing severe restrictions on use of the funds; and fearing retaliation for seeking to access the funds. It was clear that as long as employers can take back unspent funds they have a large incentive to restrict workers’ access.

In response, Supervisor Campos drafted an amendment to the Health Care Security Ordinance (known as Healthy San Francisco) that would have closed this loophole, which was being exploited by a small number of employers. The Chamber of Commerce, accompanied by the San Francisco Chronicle, made hysterical claims about impending job loss and business closures, and after the Board of Supervisors approved the legislation on a 6-5 vote, Mayor Ed Lee vetoed it.

Supervisors Malia Cohen and David Chiu then authored “compromise” legislation that actually didn’t address the problem. Their version merely allowed employers to take back workers’ health care dollars after two years instead of one. This cosmetic change did, however, provide enough window dressing to please the Chamber, so the supervisors approved it and Mayor Lee signed it into law.

Now, just a few months later, an article in the Public Press showed exactly why we opposed the Cohen/Chiu amendment in the first place: It doesn’t really close the loophole. Employers can still take money back from the HRAs. This creates a clear incentive to choose HRAs over insurance — the worst option for workers. Furthermore, the loophole leaves responsible businesses that provide health coverage to employees through insurance or HSF competing against employers that exploit it by paying less into HRAs.

When the landmark Healthy San Francisco legislation passed five years ago, it never occurred to us that some businesses would be so obvious in their attempts to game the system. We find it unconscionable that there are businesses charging customers a healthcare surcharge and then keeping the money for profit. What is more unconscionable is that City Hall passed an amendment that continues to let it happen.

The Department of Labor Standards Enforcement compliance data for 2011 will be available next month — and if that continues to show abuse of the HRA provision, then it’s time for the Board of Supervisors to end the charade and truly close the loophole once and for all. Healthy San Francisco is about providing healthcare for workers — not creating additional profit for businesses.

Assemblymember Tom Ammiano represents the 13th District. Supervisor David Campos represents District 9.

Olague explains her support for RCV repeal measure

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  Sup. Christina Olague has drawn ire from progressive circles over her pivotal co-sponsorship of a proposed charter amendment that aims to eliminate Ranked Choice Voting in all citywide races. It takes six members of the Board of Supervisors to place the repeal measure on the November ballot and she is the sixth co-sponsor.

Olague has long ties to the progressive community and was appointed by Mayor Ed Lee to the District 5 seat, one of the city’s most progressive, in January after Ross Mirkarimi was elected Sheriff. This week, she joined Sean Elsbernd, Carmen Chu, Scott Wiener, and Malia Cohen – all considered moderate/conservative supervisors – in supporting Sup. Mark Farrell’s proposal to replace RCV with runoff elections for the mayor’s race and other citywide offices.

“To me, this isn’t a progressive or moderate issue. This is a democratic one here in San Francisco,” Farrell said during Tuesday’s Board of Supervisors meeting, where he introduced the measure, which will have a hearing next month. “Ranked Choice Voting has continued to confuse and disenfranchise voters here for over a decade and, in my opinion, it’s time to restore our voting system to the one person, one vote rule.”

Farrell’s sentiments mirror a similar line trumpeted by the San Francisco Chamber of Commerce, a supporter of runoff elections and longtime opponent of RCV. A recent poll commissioned by the Chamber, which claims 58 percent of respondents prefer runoff elections, has been discounted as biased and based on misleading statements. Farrell, who was elected to the District 2 seat in November using RCV, said he would have prefers to eliminate RCV altogether in San Francisco but said, “This is a significant step in the right direction.” A proposed ballot measure by Farrell and Elsbernd to eliminate RCV was rejected by the Board of Supervisors last month.

Steven Hill, who helped crafted the city’s voter-approved RCV system, criticized the move to repeal it: “Critics of RCV have long maintained that voters are confused and even disenfranchised and yet they have offered no credible evidence to support these claims. In fact, the evidence shows just the opposite, that voters understand what they have to do with RCV, which is to rank their ballots, 1, 2, 3, and they are using their ranked ballots effectively.”

In an interview conducted as she was departing the Westbay Community Center on Thursday, Olague initially rebuffed our request to discuss her support for Farrell’s amendment (just as she had an earlier request by the Guardian), but she ultimately relented.

Here’s what she had to say:

Olague: “What it is is that it begins a conversation.  There was talk of eliminating RCV altogether, which I certainly don’t support.  There was talk from a lot of different corners, not just moderate circles, but progressive circles as well, that maybe we need to examine it and see how has it or has it not really been – has it really helped us reach our goals in the way that we had originally intended that it would.”

SFBG: What were those goals?

Olague: “I think it was to try to make sure that more progressives were elected… and make it easier for people who had lesser means to prevail… So I think maybe it is time to reflect on that a little bit.”

SFBG: What parts of RCV don’t you like or don’t support?

Olague: “Well, I think it’s just time to have a conversation about it.  I’m not even sure that I’m against it, per se. When I signed on to it, I believed it was looking at keeping some of the citywide races, where there are fewer numbers of candidates engaged, to reverting back to a runoff, and keeping the races where we have a diversity of candidates and numerous candidates, which are the district races, as they are – which is ranked choice voting.”

“Now there’s some people who say what we need to do is, well, maybe revisit that and maybe just, rather than have it apply to all citywide races, maybe it should just apply to the mayor’s race.”

“So I think there needs to be a conversation and there needs to be a reflection on its effectiveness.  I think that’s what [Sup. John] Avalos and even [Sup. David] Campos were thinking that there needs to be more education – and I do think there needs to be more education as it relates to RCV.”

SFBG: Voters don’t seem to be confused about filling out an RCV ballot, but maybe there’s confusion about how votes are tallied and candidates are eliminated.  It would appear that there’s a myth being spread that voters are confused about filling in a RCV ballot, but that doesn’t appear to be the case…

Olague: “Do you know that?  I think when you talk to people out there on either side of spectrum, politically, I think there’s still a lot of – I don’t think that people have necessarily concluded that this is the most effective way of achieving certain goals.  But, you know, I think it starts a conversation and it may end up that the voters decide, you know, let’s just leave it the way it is, we’re happy with it.”

SFBG: And how would you feel if RCV is completely eliminated?

Olague: “Well it’s not going to be eliminated because there’s nothing in the charter amendment asking that RCV be eliminated.  What I was concerned about was that there was a push to eliminate it altogether, which I don’t support.  What this does, I figured I’ll meet them halfway because I can’t support a complete repeal of RCV and currently the way this charter amendment is drafted, what is does is it keeps RCV in the District elections.  That stays the same, and the citywide elections would be reverting back to a runoff, so it goes to a more citywide for a runoff, ranked choice voting for District [elections]. There is an argument to be made for why that should be the case.”

SFBG: Wouldn’t this eliminate a diversity of candidates if there were a repeal of RCV in citywide races?

Olague: “So let’s have the debate and people may decide, you know, if it’s not a good idea. People may decide they want to push to amend the charter amendment as it is before us.  Some people are thinking it should just apply to the mayor’s race and not other citywide races like public defender and others. So maybe there’ll be amendments to the charter amendment before it even hits the ballot.”

SFBG: Why do you think some people are up in arms over your support on this?

Olague: “I guess, you know, I mean – I just think that everyone is going to sit around and wait for something, right?  They’re, sort of, laying in wait, right? So it’s just what it is, you know – it’s like people are going to agree with me sometimes, they’re not going to agree with me other times.  There are some things that I am doing that is progressive, there are some things people will perceive as not being progressive.”

SFBG: Did you come to this decision by yourself, or was there any influence or pressure from others to vote the way you did on this?

Olague: “No.  I just think it’s funny because it’s like I don’t really succumb to pressure.  I’m willing to start the conversation at some kind of a compromise.  To me, this is as close to a compromise as we’re going to get and then it can start the conversation. So I think the conversation will start and people can assume all kinds of things, and they will.”

SFBG: So you voted in good conscience?  You didn’t have any doubts about your vote?

Olague: “I vote in good conscience, but sometimes you have to go with a compromise.  It’s not completely what you want and it might not be completely what you don’t want, but the alternative might be something that is completely unacceptable, which could be the complete elimination of RCV.”

 

A version of this story also appears on Fog City Journal, which is run by Luke Thomas.

The case for a study of the economic impact of market rate housing

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“SF’s rush toward the ultimate highrise” read the headline on the Guardian front page of Sept. 27, 1971. The headline and the graphics by Art Director Louis Dunn illustrated the central point of our bombshell study: that despite the rhapsodies of  the Chamber of Commerce and the big developers, highrise commercial buildings don’t produce gushing revenues and they don’t pay for themselves.In fact, our exclusive study of the downtown highrise district  found that “for every $10 the district yields to the city treasury, the city has to provide $11 in services.

“Put another way: the highrise district contributes $62.9 million, or 25.2% of all locally generated municipal revenue.  But it costs $67.7 million, or 25.2% of all locally financed expenditures (figures from fiscal 1970.

“This means taxpayers subsidize–35 cents or so on the tax rate in fiscal 1970–the construction and maintenance of our civic monuments–the Bank of America building, the Transamerica building, the Hilton Hotel–and soon, another 23 skyscrapers that will be taller and bulkier and more  expensive than ever for residents and taxpayers.”

Project Director Tom Lehner, a San Francisco resident and expert on urban policy from UC-Berkeley’s School of Public Policy, made the crucial point: :”This report overturns once and ffor  all, emphatically and conclusively, the conventional wisdom that downtown skyscrapers somehow provide the municipal treasury with its lifeblood.

“Anyone who thinks for a moment about what’s happening in New York,” Lehner added, “will come to the same conclusion as our study did.  But the air’s been so full of propaganda from the Chamber of Commerce and other downtown interests like the Examiner and Chronicle that it’s difficult to have a clear thought about the subject.”  The economic  fact that taxpayers subsidize highrise development has become gospel and helped provide the ammunition for the slow growth movement on commercial highrises that ultimately won on the Proposition M  initiative in 1986.

Below is the  PDF that shows our study with the Louis Dunn drawings: scroll  through.

http://test.sfbg.com/PDFs/highrise.pdf

Today, the burning issue is the luxury building at 8 Washington and the host of market rate developments already built or in the works and their impact on neighborhoods. And today the city needs a study that can provide the facts on the economic impact of market rate development and how neighborhoods can cope with the impacts in an era of “now new taxes.”

Tony Kelly is the president of the Potrero Hill Boosters and one of the most knowledgeable neighborhood activists on the market rate housing front.  He and the Boosters are dealing with the Mission Bay Landrush and the city’s plan to flood the Eastern Neighborhoods with market rate housing. His take is most instructive on why a study is needed:

‘”During the Eastern Neighborhoods re-zoning in 2008, I saw neighbors who supported development turn into NIMBYs overnight as soon as they realized that building market-rate housing in San Francisco doesn’tpay for itself, or much of anything else.  On Potrero Hill, we spent an entire decade working on neighborhood planning that was supposed to  
give us new parks, new transit lines, and better schools in a part of town that desperately needs all of that.  And then, when the new zoning was finally approved … … we found out that none of those improvements made it over the finish line. 


“The impact fees for the new development won’t even come close to providing the transit, parks, schools or infrastructure that the new residents need, let alone those of us who are already here in a very underserved part of town.  I shouldn’t really have to remind you that the new housing isn’t affordable for City residents.  And the Planning  
Department’s own study from 2008 confirms that when you build market-rate housing, you create a bigger need for affordable housing – more than you are getting in affordable housing fees or inclusionary units.

” So, with every new market rate housing unit, we are falling further behind on everything the City needs to do to support neighborhoods.  And the increased property taxes are all going to the General Fund, to support services elsewhere in the City.  Who in their right minds, in any neighborhood, would sign up for such a deal?

“Now, on this side of town, we are stuck with development plans that are designed to double the populations of district 10 and district 6 in the next 20 years.  In my neighborhood, Potrero Hill, the population will triple. And now we have to figure out how to support this booming population without much help from City Hall.

“The new condominium projects that the Potrero Boosters Neighborhood Association has already seen in the past few months reveal the consequences of the Eastern Neighborhoods rezoning—thousands of condos and apartments (and thousands more residents) coming to the neighborhood, with very few opportunities for children or families, and not much planning from the City for alternatives to automobiles.  

“We cannot have urban density in our part of this City with suburban ways of living and getting around, and yet, that is what we have, now and in the future.  So in the neighborhoods, we have to plan (and takeaction) to create our own infrastructure, and not simply rely on what the City manages to give us.”

Kelly’s arguments against pellmell market rate housing is particularly strong for the city’s new frontier of Mission Bay and the Eastern Neighborhoods, but it applies to every neighborhood and the entire city.  This is why for starters the supervisors need to direct the budget analyst or the city’s economist to do a detailed study to help Tony Kelly and the rest of the neighborhoods deal properly with the onslaught of market rate housing.  b3

Editorial on the case against 8 Washington:
>
http://www.sfbg.com/bruce/2012/03/06/editorial-case-ag

SOS: Vote to save the Small Business Administration!

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Scott Hauge, the indefatigable founder and president of Small Business California, put out an email SOS today asking people to vote in a Wall Street Journal poll asking if the Small Business Administration should be eliminated.

“While the SBA is not perfect, it is all businesses around the country have,” Hauge noted. The Guardian heartily concurs.   I asked Hauge  where this was coming from.  He replied that the WSJ had an article a couple of weeks ago saying small business did not create jobs and were not meaningful jobs.  They were applauding big business.”

To put some facts on the issue, the Guardian commissioned  two major independent  studies in 1985 and 1986 that demonstrated conclusively that the net new jobs in San Francisco were created by small businesses. Hauge confirmed our job creation results with a study he commissioned with economist Kent Sims  in April 2006. This job creation point is now acknowdedged by virtually everyone, from the Chamber of Commerce on up and down. President Obama has recognized the value of small business  job creation and has elevated the Small Business Administration to cabinet level status. Vote no below–and get the word to our California congressional delegation.  b3

 

 

Editorial: The case against the 8 Washington tower

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Editorial note: In 1971, at the height of the Alvin Duskin anti-highrise battle, the Guardian did a special first ever cost benefit study for high rise office development.

We found that highrises cost the city  more in services than they produce in revenue.  This meant that the commercial high rise boom could be fought on economic grounds, not just aesthietic and environmental grrounds, and the Chamber of Commerce/Big development gang could never adequately refute our findings.  In fact, they are now taken for  granted. So, as the 8 Washington battle is poised to open the floodgates even further for a forest of market rate residential  buildings, it’s time for the city to do its own study to determine the economics of high end  residential buildings.  Does the cost of servicing luxury residential buildings exceed the taxes they pay? We and many others in the neighborhoods are certain that market rate housing doesn’t pay for itself. But the facts are needed and so we urge the supervisors to direct the budget analyst or the city economist to do a similar analysis  for luxury condos.  Below is Executive Editor Tim Redmond’s powerful argument against 8 Washington.

By Tim Redmond

tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

The failure of Lee’s business tax plan

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The Mayor’s Office and city finance officials are circulating drafts of a new business tax plan that would largely abolish the payroll tax and replace it with a levy on gross receipts.

Ben Rosenfield, the city controller, and Ted Egan, the chief economist, have been meeting with business groups and presenting what’s described in the documents they’re circulating as “one possible idea.” And there’s some very positive news about the proposal: It would greatly broaden the tax base (only about 10 percent of the city’s businesses are hit by the payroll tax) and it’s designed to be somewhat progressive: Businesses with higher gross receipts would pay a higher percentage tax.

The plan is complicated — since some types of industries (retailers, for example) have high gross receipts compared to payroll, and some (financial services) have high payrolls compared to gross receipts, the levies are broken down into four schedules. At the lowest end, companies with comparatively large gross reciepts would pay between 0.05 percent and 0.125 percent. At the highest end, the tax would go from 0.220 to 0.535.
But there’s one central — and simple — element of the proposal: At this point, it’s entirely revenue neutral. In fact, finance officials say, over time the total tax burden paid by local businesses would go down, since payroll tends to rise slightly faster than gross receipts.

That, sources say, is something the mayor has made clear he doesn’t want to budge on. He’s not willing to accept a plan that raises the total amount of money the city gets from business taxes.

Which puts him in synch with what some business groups want: “The business community thinks this should be revenue-neutral,” Scott Hauge, who runs Small Business California, told me.

But in a city that faces a large structural budget deficit, some supervisors have other ideas. “I want to look at new revenue possibilities,” Sup. John Avalos said.

And even the current proposals would let banks, which are exempt from local business taxes, escape without paying anything.
In reality, the proposals are less then revenue-neutral. Rosenfield and Egan project that the new tax system would lead to the creation of 2,500 jobs a year — mostly because businesses over time would be paying lower taxes.

Hague told me that he’s not sure exactly how business leaders feel about this. “We don’t know yet how it will affect people,” he noted. But some political leaders have been clamoring for years for the elimination of the payroll tax, which, by taxing employment, appears to be a damper on job growth.

That’s actually a myth. The payroll tax is so minor that it can’t possibly influence any individual hiring decision. It’s true that if city business taxes in general are reduced, companies will have more money — and some might spend that on new hiring. But San Francisco, like most major cities, has to have some kind of business tax — and I can already hear some downtown types complaining that a gross receipts tax “punishes growth and success.”

This proposal is a long way from what Sup. David Chiu suggested a year ago. His plan would have included a commercial rent tax — ensuring that financial institutions that get away with paying nothing would have to contribute like other businesses. Like most local taxes, it wasn’t perfect — state law bars cities from imposing corporate income taxes and limits what else municipalities can do — but together with a reworked gross receipts tax, it was projected to bring $28 million more dollars into the city treasury — without any job loss.

But the Chamber of Commerce and crew fought bitterly against that idea, and Chiu withdrew it.

At this point, Chiu said, he’s working with the mayor and trying to get the business community to accept the idea of a change in the tax structure. But this is a rare opportunity to do two things — to make the local tax system more fair, and to raise taxes on the biggest companies to bring additional revenue into the city.

The plan will probably have to go to the ballot anyway, so why not do it right?

SF Chamber poll distorts the facts…again

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The San Francisco Chamber of Commerce this week released its annual City Beat poll – promoting its results at the top of its website and feeding it to media outlets such as the San Francisco Examiner, which faithfully reported its finding, apparently without seeking underlying data – and once again the poll was marred by distortions and hidden agendas.

For example, the Chamber claims that 58 percent of the poll’s 500 respondents prefer runoff elections (up from 52 percent in 2011) and 31 percent prefer ranked-choice voting (down from 42 percent last year), with the balance refusing to answer or saying they don’t know. But what the Chamber doesn’t say is that voters were read a series of arguments for each system first, and the anti-RCV statement contained a flat-out inaccuracy.

“Critics of ranked choice voting say that it is a confusing system that results in lower voter turnout – as the last Mayoral election had the lowest overall voter turnout in more than 35 years. They say candidates are getting elected with extremely low number of votes which doesn’t represent the true will of the voters. Instead of ranked choice voting, they propose having run-off elections so that voters have a clear choice on something as important as Mayor,” the statement read.

Yet it’s simply not true that November’s 42.47 percent turnout was the lowest in 35 years (as you can see here). Off-year elections have far lower turnouts, as did the last mayoral election in 2007, which had a turnout of 35.6 percent. Even the hotly contested, pre-RCV November mayoral election of 2003 had a turnout of 45.67 percent, just a few percentage points higher that the low turnout that the question implies that RCV causes.

But Jim Lazarus, the Chamber’s vice president of public policy, won’t concede the error, telling the Guardian that respondents understand the statement to apply to only closely contested mayoral elections. “We believe the average voter realizes a competitive race is what we’re talking about,” Lazarus said, dismissing the 2007 mayor’s race as uncompetitive.

Yet Rob Richie, executive director of FairVote, which supports RCV, said the poll was deceptive and seems designed to achieve results that are consistent with public policy stands that the Chamber has taken. “I think they do a better job of making their arguments than the RCV arguments,” he said.

“Supporters of ranked choice voting say it gives voters more choices and does not force voters to vote twice in just five weeks on the same contest. They say it has resulted in more diverse representatives for the city. They also say that it encourages campaigns to find common ground and ways to work together because they must win supporters of other candidates,” reads the polling statement.

Richie concedes that supporters of RCV have made these statements, but he said they aren’t the strongest arguments or the ones they generally tend to lead with, such as how big spending by well-funded independent expenditure groups tend to dominate the low-turnout runoff elections, which more conservative candidates win every time in San Francisco.

But Lazarus claims the Chamber was trying to honestly gauge public opinion, not influence it in favor of Chamber positions. “We didn’t skew it, we’re trying to get honest answers,” he told us. “It doesn’t do us any good to fake the outcomes. We aren’t doing this for PR reasons or press releases.”

Yet many of the issues the poll dealt with are active campaigns in which the Chamber is trying to influence the decisions made at City Hall, such as its longstanding crusade to repeal the city’s payroll tax. In the poll results, 57 percent of respondents said the supported a “payroll tax decrease from 1.5 percent to 1 percent, making up the difference with other revenues.” In the Examiner story, the paper even deleted that last crucial clause.

Yet what neither the Chamber nor the Examiner told readers was that the question was set up with this statement: “It has also been suggested that reforming the city’s payroll tax system could spur job growth. I would like to read you some potential tax reforms that have been suggested to help spur job growth.”

But even with that repetition of “spur job growth” as a prompt, only 25 percent of respondents agree with the crusade of the Chamber and its allies in City Hall to “Eliminate the payroll tax all together, replacing lost revenue with higher license fees and taxes on businesses.”

On the half-dozen tax measures the poll asked about, none of which received majority support, the questions were set up with this statement, “Some members of the Board of Supervisors have suggested a vote on new taxes may be necessary to help solve this budget deficit,” referring to the oft-demonized legislative body that enjoyed 45 percent in this poll, rather than Mayor Ed Lee, who has made similar suggestions and enjoys 68 percent support.

The poll was conducted by David Binder Research, and Binder was out-of-town and unavailable to answer questions. Lazarus said the language in the questions was jointly developed by Binder and the Chamber.

How should San Franciscans vote?

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The Board of Supervisors Rules Committee will consider competing proposals for changing how elections are conducted in San Francisco tomorrow (Thu/26) at 2 p.m., taking public testimony and voting on which ideas should go before voters in June.

Sups. Sean Elsbernd and Mark Farrell propose to end the ranked-choice voting (RCV) system and go back to runoff elections, while Sups. David Campos and John Avalos propose modifying RCV to allow more than three candidates to be ranked and changing the public campaign financing system to make qualifying more difficult and thus thin the electoral herd a bit. They would also consolidate odd-year elections for citywide offices into a single year, a proposal that Sup. Scott Wiener is also offering as a stand-alone measure.

“We believe our current election system fundamentally works. However, we heard concerns from voters during our last election that it was difficult to discern the different ideas and ideologies of the numerous candidates in the race. We are introducing an ordinance today that is designed to address this concern,” Avalos said in a public statement on Jan. 10 when their measure was introduced.

That package came in reaction to the proposal to repeal the RCV system that voters approved in 2002, a campaign that has been strongly promoted for years by political moderates, downtown groups such as the San Francisco Chamber of Commerce, and the San Francisco Chronicle and other mainstream media outlets.

During a forum at the San Francisco Planning and Urban Research Association last week, Elsbernd debated Steven Hill – the author and activist who created the city’s RCV system – on the issue. Much of it came down to differences over how to gauge the will of voters and allow them to make good decisions.

Hill’s argues that runoff elections – which have traditionally been held in December, although the current proposal could create either June/November or September/November elections – tend to have very low turnout of voters (who tend to be more white, rich, and conservative than in general elections). And they are usually dominated by nasty, corporate-funded independent expenditures campaigns designed to sully the more progressive candidate.

“Let’s face it, December was just a terrible time of year for an election,” Hill said, adding that September would be just as bad, June is too early, and both options would also likely have low turnouts.

Hill said that while RCV may have flaws, so does every electoral system, but that RCV is an accurate gauge of voter preference. He displayed charts and statistics showed that the winning candidate in every election since RCV started has won a majority of the continuing ballots, which are those that remain after a voter’s first three choices have been eliminated.

But Elsbernd seized on that idea to say, “Continuing ballots, that’s what this issue is all about.” He made the distinction between continuing ballots and total ballots cast, saying the latter is what’s important and that few winners under RCV receive a majority of total ballots cast.

“Our elected officials should be elected by a majority of the votes cast,” Elsbernd said.

He said that runoff elections offer voters a clear distinction between different candidates and their ideologies, and he even dangled a proposition that might have appealed to progressives in the last mayor’s race: “Wouldn’t we have loved our month of Ed Lee debating John Avalos about the future of San Francisco?”

Elsbernd cited crowded field free-for-all races like the District 10 race of 2010, in which Malia Cohen came from behind to win using RCV, saying they muddy up the contests. “The benefit of the runoff is you get that true one on one,” Elsbernd said, calling for “real discussion, real debates, about what San Franciscans want.”

Yet Hill said the crowded fields of candidates in some recent races wasn’t caused by RCV, a system that promotes real democracy by giving voters more than one choice of candidates rather than being stuck with the lesser of two evils. And rather than showing the problems with RCV, Hill said Cohen’s election (an African-American woman elected to serve a largely African-American district) and that of Mayor Jean Quan in Oakland (who came from behind to beat Don Perata, who many perceived as a corrupt party boss) show how RCV can help elevate minority and outsider candidates.

All those arguments – and many, many more – will likely be made during what’s expected to be a long afternoon of public testimony.

Supervisors make the Chamber of Commerce happy

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You want a sense of what’s happened to politics at City Hall? Here you go: the San Francisco Chamber of Commerce is thrilled.


The Chamber just released its 2011 voting scorecard on the Board of Supervisors (which it calls the “Paychecks and Pink Slips Scorecard,” as if most of the stuff the Chamber supports had anything to do with actual job creation), and guess what? The board is more pro-downtown than it has been in a while:


The 2011 year-end scorecard reveals marked improvement in city’s efforts to create jobs and grow the economy. Overall, the Board of Supervisors received a score of 82 percent (equivalent to a B – grade), up from 60 percent (or a D – grade) in 2010. Individual rankings also improved, with five supervisors increasing their scores by at least 15 percent since last year. In 2011, a solid majority of supervisors voted in favor of jobs, the economy and government efficiency more than 75 percent of the time.


The top performer: Sup. Scott Wiener, who voted with the Chamber 88 percent of the time. Second best: Supervisor David Chiu (82%). The worst (or best, depending how you see downtown’s agenda of low taxes, reduced public services and minimual regulations) was Sup. John Avalos, who scored 56%.


The reality is that some of the Chamber’s key votes were relatively noncontroversial things that everone on the board supported — for example, a law sponsored by Sups. Ross Mirkarimi, Eric Mar, David Campos and Wiener making it easier for small cafes and restaurants to host live music and a measure restricting restaurant waste, both of which passed unanimously. There were some votes where nearly everyone opposed the Chamber — the cell phone disclosure requirements and the ban on yellow pages. And on a couple of them, even Chamber darlings Sean Elsbernd and Mark Farrell were on the wrong side — they voted against a tax exclusion for stock options because they wanted even greater tax reductions.


But on the key votes, you can see where the majority of the board lies: Six, sometimes seven votes with downtown, five, sometimes four with the rest of us. Not exactly a progressive majority. 

Guardian editorial: Mixed report on Mayor Lee

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EDITORIAL Mayor Ed Lee’s first big decision — the appointment of a District 5 supervisor — demonstrated something very positive:

The mayor knows that he can’t do what his predecessor did and ignore and dismiss the progressive community.

His inauguration speech demonstrated something else: That he has no intention of being a mayor who takes on and defies the interests of downtown.

Part of the reason Gavin Newsom was a failure as mayor is that he was constantly at war with the left. He ran the city as if his was the only way, as if there were no good ideas coming out of anywhere except his office — and as if anyone who disgreed with or voted against him was his enemy.

That didn’t work, and it doesn’t seem to be Lee’s style. He was under pressure to appoint a supervisor who would go along with him on key votes, but he also knew that a moderate or a lackey would deeply offend the voters in D5, who supported John Avalos for mayor and remain among the most progressive voters in the city. The choice of Christina Olague shows a willingless to accept that progressives play a significant role in San Francisco politics. (It also shows that he is better than any mayor in recent memory at keeping a secret — nobody outside of his inner circle had any idea who his choice was until he announced it Jan 9.)

Olague was, overall, an excellent planning commissioner, and has the potential to be an excellent supervisor. But she will need to make clear from the start that she is representing the district, not the person who gave her the job. Because on some of the key issues that will come before the board this spring, her constituents are well to the left of the mayor. If she can’t vote against his wishes, she’ll have trouble in November.

Olague also needs to be sure that some of the issues her predecessor, Sheriff Ross Mirkarimi, championed (public power and community policing, for example) don’t fall by the wayside. Her expertise in land use issues should be helpful as the board wrangles with waterfront development, affordable housing and the giant California Pacific Medical Center hospital project.

Lee’s inaugural speech was mostly a typical political speech for a new mayor, but it contained a nugget that’s worthy of note. He proclaimed that San Francisco should be a “city of the 100 percent,” a takeoff on the Occupy movement’s 99 percent slogan. And while that’s mostly rhetoric, it’s also a sign that the former housing activist is not going to be a mayor who wants to make a legacy of challenging the economic and political powers of San Francisco.

Working together is fine — but there are a small number of very wealthy and powerful people who have interests that are utterly opposed to the interests of the rest of us. Economic injustice is every bit as real in this city as it is elsewhere in the country — and that’s something the mayor didn’t even mention or acknowledge. Pacific Gas and Electric Co., the big real-estate developers, the landlords out at ParkMerced, the Chamber of Commerce,  and the Board of Realtors … they don’t want to work together. They want their way.

So it’s a mixed report for Mayor Lee — and over the next few months, he’s going to have to realize that everyone in the city can’t and shouldn’t work together, that there are battles where politicians have to take sides, and that all of us will be watching very closely to see where he draws the line.

Who will push progressive taxes in 2012?

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Mayor Ed Lee talked to the Examiner about his plans for the next year, and it’s a lot of the usual political crap: I’m going to create jobs, I’m going to bring people together and promote civility, ho hum. But he did mention, briefly, the need to change the city’s business tax, and here’s how he put it:

We have given ourselves four months to reach out to all the business groups. There will be different views and opinions. You can have a hybrid [between a payroll and gross receipts tax], and you can also have a phase-in period of time. We want to have a good conversation with everybody and get their best ideas, and then use those ideas to craft what we think could be on the ballot. We’re not saying it has to be on the November ballot, but it could be. We want to have something that is not job punishing, but also something that does not decrease our revenue.

First: He’s going to reach out to all the business groups — but what about everyone else in the city? The level of business taxes has a direct impact on city services; is that not part of the equation? Clearly, he’s talking about something that’s at best revenue-neutral, something that “does not decrease our revenue.”

And please, don’t tell me about “job punishing” — it makes me even crazier than I already am. Look: There has to be a business tax in San Francisco. And any time you tax businesses, you take money for the city that could be used for other things. In some cases — not that many — the extra money might be used to hire a few people. In reality, for most businesses, the payroll tax is absolutely NOT a factor in job creation. It sounds bad — Gasp! a tax on jobs! — but the truth is that payroll is a rough approximation for the size of a company, and that’s what the city uses as a tax base.

Of course, we could change that to a gross receipts tax — another rough approximation for the size of a company. It’s also imperfect — some companies have a lot of money (VC funding, for example) and a lot of employees, but at this point not much in the way of sales. Some companies (supermarkets, for example) have high gross receipts but relatively low profit margins. And, of course, if you do a gross receipts tax the same people who complain about the payroll tax will have a new line: The GR tax penalizes growth! It penalizes success! The more money you make the more you pay! Unfair! Un-American! Job killer!

Because some people in this town (mostly big business types) just want lower taxes, period — not different taxes, lower taxes

So let’s get rid of the “job killer” rhetoric and start talking about what the city’s tax policy should be. And it should go like this: The individuals and businesses with the most money should pay the highest tax rates. The rich don’t pay their fare share anywhere in the U.S., and while the mayor and the supervisors can’t change federal policy, they can do their part on a modest level at home.

This a great year for tax reform in San Francisco. The spirit of Occupy is very much alive. There is, for the first time in decades, a national discussion about income and wealth inequality. There’s strong evidence that the middle class is vanishing in San Francisco. And, thanks to the wierdness of state law, in 2012, when there’s an election for the Board of Supervisors, a tax measure can pass with a simple majority vote In many ways, this is the single most important policy issue in the city, the one that defines who pays for what and who gets what and whether (public sector) jobs are created or destroyed and what kind of a city we want to be.

So let’s take it seriously. Instead of allowing Mayor Lee and the (big) business folks set the agenda, the progressives really need to move forward on a tax-reform plan that looks at making big business pay more and small business pay less — and that brings in another $250 million a year for the local coffers If gross receipts is the flavor of the day, I’m good with that — but not a flat tax. Exempt, say, the first $250,000 (or the first $500,000, whatever, run the numbers and see what we can afford). Put a 1 percent tax on the next million, a 1.5 percent tax on all receipts between $1.5 million and $5 million, a 2 percent tax on $5 million to $10 million and 3 percent on everything higher. Adjust the numbers either way, but that’s the general idea. Then add in a tax on commercial rents (again, exempt the first $500,000 or whatever) to make sure the the big landlords (who get away with murder under Prop. 13) are paying, too. And yes, based on market supply and demand, some will try to pass that on to their tenants, but companies (including a lot of law firms) that rent enough space to be paying millions of dollars a year in rent can afford to modest tax hike.

It will take the city controller or the city’s economist to do the math and see what the options are and how you get to $250 million net new revenue, so my proposal is just a start. But somebody needs to take this on, some member of the Board of Supervisors — or else we’ll just be responding to what the Chamber of Commerce wants. Who wants to be the champion of Tax Reform for the 99 Percent? Time is getting short.

Lots of buzz and politicking around D5 appointment

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There is eager speculation – and lots of public and private pressure being applied to Mayor Ed Lee – over the question of who he will appoint to fill the District 5 seat on the Board of Supervisors that is being vacated by Sheriff-elect Ross Mirkarimi.

Anti-progressive entities from the San Francisco Chamber of Commerce to the San Francisco Chronicle are urging Lee to appoint a fellow moderate to the solidly progressive seat, despite the outrage that would trigger on the left and the difficulty that appointee would likely have keeping the seat after the November election.

Chron columnist CW Nevius today published a weird little puff piece plugging London Breed – a moderate who wants the D5 seat, a fact he strangely didn’t mention – and her leadership of the African American Art & Cultural Center. Chron columnist Leah Garchik also pumped up Breed as a D5 appointee last week. Nevius’ column in particular seemed to be a thinly veiled attempt to influence the decision, despite the regular insistence by Nevius and others at the Chron that they never have a political agenda or try to influence City Hall. Yeah, right – at least we at the Guardian are honest about our advocacy for more progressive city leadership.

Breed is being strongly pushed by Willie Brown, the former mayor and current Chron columnist, as well as most of the city’s African American ministers, such as Revs. Amos Brown and Arnold Townsend, who showed up at last week’s Board of Supervisors meeting and followed Lee back to his office after his appearance before the board.

Sources connected to the ministers told us that Lee hadn’t returned their phone calls in recent weeks and they were angry about the snub, so they showed up to let him know and mau-mau him into appointing Breed. Indeed, Brown did get a private meeting with Lee after his followers wedged their way into the office.

Reporters had asked Lee about the D5 appointment just moments before and he said that he was in no hurry to make a decision. “I want to pay my respects to many groups in District 5,” Lee said.

While many names have been floated as D5 contenders, there are a few that rise to the top. Malcolm Yeung, public policy director of the Chinatown Community Development Center, is being pushed by Rose Pak, the Chinatown power broker who worked with Brown to get Lee into Room 200.

But given Lee will probably avoid simply choosing between the Brown and Pak choices – unless they can privately coalesce around someone, which is certainly a possibility – most City Hall speculation these days falls on Christina Olague. The Planning Commission president comes from the progressive camp but she also served as a co-chair of Progress for All, creators of the Run, Ed, Run campaign that persuaded Lee to run for a full term.

Speaking to the Guardian in October, Olague denied that her early endorsement of Lee had anything to do with the D5 seat, which she said she wasn’t seeking but would take if offered. “If we get progressives to support him early on, maybe we’ll have a seat at the table,” was how she explained her support for Lee.

On Friday, Olague showed up for Mirkarimi’s art opening and holiday party in his City Hall office, and she chatted with other possible contenders for the D5 seat, including Quintin Mecke, Julian Davis, Gabriel Haaland, Jason Henderson, and Michael O’Connor. Asked by the Guardian if she had any insights into how the appointment was going, she said all she knows is what she’s read online and in the newspapers.

And so we wait.

Ed Lee and “job killers”

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Every time I hear the word “job killer” I think of the California Chamber of Commerce, which loves to affix the label to anything that might hurt corporate profits. Most environmental legislation, most pro-labor legislation, most financial regulations, anything that improves employer requriements for health insurance — the Chamber dubs it “job killers.”

And now Ed Lee is using that word to slow down progressive taxes, regulations or business mandates. He’s proposing a Charter Amendment to send any bills that might cause job losses to the Small Business Commission for a “jobs impact” public hearing.

That would give another weapon to downtown interests who want to kill, say, improvements to the Healthy San Francisco law, or any changes in the business tax.

Here’s what kills me: How many jobs were destroyed by the LACK of regulations over the U.S. financial industry? How many jobs were destroyed by a tax system that keeps most of the wealth concentrated in the top one percent? How many jobs were destroyed by cutbacks and layoffs in the public sector (which were a direct result of a failure to seek new revenues that business leaders would have called “job killers”?)

But we don’t have a special commission weighing in on tax cuts and tax breaks that cost the city money and kill city jobs.

Assemblymember Tom Ammiano, who has to deal with the California Chamber and its lackeys, told me that Lee “is talking like a Republican, or like the moderate Democrats in Sacramento.” That’s not where the mayor of San Francisco ought to be.

 

 

Stop downtown’s attack on RCV

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OPINION The long-time foes of political reform at the Chamber of Commerce and San Francisco Chronicle have launched an effort to repeal ranked choice voting (RCV) and public financing of campaigns. Supervisors Sean Elsbernd and Mark Farrell have introduced a June 2012 charter amendment to repeal RCV, with public financing also in their crosshairs.

Many of us fought hard to pass these reforms, and I am reminded of when the downtown corporate interests repealed district elections in 1980. They blamed the assassinations of Harvey Milk and George Moscone on district elections and the election of Supervisor Dan White. San Francisco has a history of the anti-reformers waiting for their moment of opportunity. Now these same corporate interests think that moment has arrived again.

The Bay Guardian first reported about an anti-RCV campaign in 2009, when a meeting of downtown business leaders was hosted by Steve Falk, Chamber of Commerce CEO (and past publisher of the Chronicle) to discuss repealing RCV.

As part of that effort, polling also was done to see if they could repeal district elections and public financing. They also filed a bogus anti-RCV lawsuit which was unanimously rejected by two courts. Elsbernd’s repeal legislation is the culmination of their calculated efforts.

It’s clear what these special interests want: a return to the days when local races were decided in low-turnout December elections, and those who had the most money pounded their opponents into submission. An Ethics Commission report in 2003 found that independent expenditures increased by a factor of four during December runoffs, while another study found that voter turnout dropped by more than a third in 10 of the 14 December runoff races held from 2000-2003. Turnout in one city attorney runoff dropped to 16 percent.

Just as importantly, the December electorate did not represent the diversity of San Francisco’s population. Voters in the runoffs were overwhelmingly whiter, older and more conservative than the city as a whole, as voter turnout plummeted in December among racial minorities, the poor and young people. Simply put, a return to December runoffs will allow groups like the Chamber and its allies to dump huge amounts of money into negative campaigns aimed at the more conservative December electorate when most San Franciscans don’t vote.

In the era of unlimited independent expenditures by corporations (thanks the Supreme Court decision in Citizens United), political reforms like RCV are crucial for protecting our democracy. Both RCV and public financing have greatly improved local elections — since their inception San Francisco has doubled the number of racial minorities elected to the Board of Supervisors. Elections are now decided in higher turnout November contests, allowing more people to have a voice in choosing their local representatives. Winning candidates in RCV contests have won with an average of 30 percent more votes than winners in the old December runoffs.

San Francisco has saved $10 million in taxes by not holding second elections, money used for other public needs. Candidates also haven’t needed to raise money for a second election, which helps level the playing field. Progressive candidates have never done well in citywide elections, but this year in RCV contests Ross Mirkarimi was elected sheriff and John Avalos mobilized and finished a strong second. That bodes well for progressives’ future.

It’s no coincidence that Supervisor Elsbernd is trying to get his charter amendment on a low-turnout June ballot, when the electorate is more conservative. The downtown corporate interests are clear on what they must repeal in order to elect the candidates they want — RCV, public financing, and ultimately district elections. Progressives need to be just as clear on what reforms we must defend.

Assemblymember Tom Ammiano represents the 13th District.

OccupySF is worth the investment

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Thirteen labor and community leaders wrote to Mayor Ed Lee Nov. 17 asking him not to evict the OccupySF protesters. The message of the hand-delivered letter: It’s worth the time and effort the city will have to make to allow the encampment to remain. It was signed by Conny Ford, OPEIU Local 3, Bob Offer-Westord, Coalition on Homelessness, Pilar Sciavo, California Nurses Association, Elizabeth Alexander, SEIU 1021, Rev. Carol Been, Clergy and Laity United for Economic Justice, Steve Williams, POWER, Gabriel Haaland, SEIU 1021, Tim Paulson, San Francisco Labor Council, Kate Huge, La Raza Centro Legal, Gordon Mar, Jobs with Justice, Forrest Schmidt, ANSWER, Shaw-San Liu, Chinese Progressive Association, and Mike Casey, UNITED-HERE Local 2.

Here’s the full letter:

Dear Mr. Mayor:

Occasionally a movement takes hold of the imagination of a people, resulting in major social and economic shifts in public policy. Thirty to forty years ago, such a movement driven by a coalition of the religious right and corporate America and spearheaded by the National Chamber of Commerce and the National Association of Manufacturers, changed the course of our nation for the worse.

With the election of Ronald Reagan and scores of corporate-backed politicians since then, our nation has seen a reversal of the progressive gains made in the decades immediately preceding 1980, from the New Deal to the War on Poverty.

In yesterday’s meeting, you and several city department heads questioned whether it is “worth the investment” to meet and work with the SF Occupy movement to address certain health and safety issues. We think it is.

The national Occupy Wall Street movement has brought dramatic focus to the disproportionate concentration of wealth and power held by the top 1% of America.  They have drawn broad attention to the devastation wrought by Wall Street upon communities throughout the country:  home foreclosures, record unemployment, attacks on immigrants, union busting, school closures, social service cutbacks, etc.

Over the years, in our own city, a number of legendary movements and causes have led to meaningful and lasting progressive change. The 1934 General Strike and the I-Hotel are but two examples. These and other struggles such as the Civil Rights movement are iconic not based on whether they resulted in victory or defeat, but because these struggles inspired and trained a new generation of organizers and activists committed to economic and social change.

Whether the Occupy movement is helping usher in yet another shift remains to be seen. But of this we are certain: the City of San Francisco working with Occupy SF to support their vision and work is “worth the investment.”

Provocative police actions in Oakland resulted in unnecessary injuries and threatened the very safety of the community they’ve sworn to protect.

We appeal that you not shut down the occupation of Justin Herman Plaza and continue to meet, daily if necessary, in order to work through the issues connected with Occupy SF.

Will Occupy message reach Sacramento?

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One of the early tests of the political impact of the Occupy movement will come in the next two months, as California prepares to make drastic further cuts in education and social services for the poor and the Democratic governor begins — cautiously and hesitantly — to talk about new revenues.

The numbers from the Legislative Analysts Office are fairly bleak — the state budget relied on $4 billion in revenue that hasn’t been collected. That’s because Gov. Brown and the Democrats in the Legislature assumed that the economy would pick up more than it has. We don’t know what the final shortfall will be — but because the budget deal included automatic trigger cuts, it’s clear that K-12 education, CSU and UC are going to get hit again, as will, for example, medical assistance for the disabled.

So just as students and faculty all over the state are protesting existing cuts and tuition hikes, more are on the way. I expect this will go over extremely well on the campuses.

The cops may be poised to shut down OccupySF, but this is a movement that isn’t about to go away. And if the governor and the Democrats in the Legislature (who are going to be running from new districts next fall) start to feel the heat and realize that the Occupy movement is already influencing the political debate and will, directly or indirectly, be playing a major role in state and national politics, they’re going to have to respond.

How? Well, the Legislature can always decide to scrap the cuts and raise taxes now. Unlikely, since that would require a two-thrids vote and the Republicans still care more about their no-taxes pledge than they do about the tens of thousands of people (including in their own districts) who are taking to the streets to protest economic inequality.

More likely the talk will be about November, 2012, and what sort of revenue measures Jerry Brown wants to put on the ballot. And that’s where the politics of Occupy can have a significant impact.

There are so many ways to go with tax measures; the easiest, in some ways, is to talk about the state sales tax, which bothers the GOP hardliners (like any tax) but bothers the big-business world a lot less. Most of any sales tax hike would be paid by consumers and the poor would pay more than the rich; typically, big business groups are willing to accept a sales tax hike before they’ll go for anything more progressive.

Obviously, the best option is to do exactly what Occupy is talking about, and raise the income tax on the top brackets (and cut corporate loopholes, and pass an oil severance tax). And that’s what will drive the California Chamber of Commerce types absolutely mad.

But I think a there’s a way to make this a winner at the polls, and a winner for the legislators who push it — and maybe even a winner for a Dem or a moderate Republican in some of the potential swing districts. Just call it a One Percent Tax — that is, a tax on the One Percent. Could be a combination of income taxes and corporate taxes, as long as it’s a package carefully written to target largely the wealthiest in the state.

Hard for anyone these days to oppose something that is totally defined and promoted that way. Gives the Occupy movement something to vote for. Could save jobs, keep classrooms open, keep sick people alive … I see no downside at all.

 

 

Dick Meister: Strange bedfellows: Labor’s Tim Paulson and the Chamber’s Steve Falk

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By Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom and a former city editor of the Oakland Tribune, has covered labor and politics for a half-century as a reporter, editor, author and commentator. Contact him through his website, dickmeister.com, which includes more than 300 of his columns.

It’s hard to imagine organized labor and the thoroughly anti-labor Chamber of Commerce on the same side, especially in a city like San Francisco with a major union presence.

It’s especially hard to imagine it at a time when unions everywhere are joining with Occupy Wall Streeters to demand justice from anti-labor business and corporate leaders like those who control the Chamber.

But consider what Tim Paulson, executive director of SF’s Labor Council, and President Steve Falk of the SF Chamber of Commerce had to say in a joint statement about the results of Tuesday’s election.

They were downright overjoyed about the passage of Proposition C, which will raise the amounts city employees must pay toward their less-than lucrative pensions and limit future cost-of-living raises. That’s a way to avoid raising business taxes to maintain city services in these recessionary times.

Perhaps most distressing, the passage of Prop C shifted control of the City Health Service System from the employees who are covered by the system to City Hall appointees who won’t have to demonstrate any particular experience in health care matters.

At least Paulson and Falk said they were pleased with the defeat of Public Defender Jeff Adachi’s outrageous Prop D – even though it would have changed the city pension system in almost exactly the same ways as Prop C.

In any case, the difference between C and D was not necessarily their content, but how they got on to the ballot.

Why, exclaimed Paulson in a separate, self-congratulatory statement, the results “sent new shock waves across San Francisco and America as workers demonstrated that collaborative democracy is the best way to set public policy.”

Collaborative democracy? By that I guess Tim was referring to the joining together of labor leaders and public employee unions and Chamber of Commerce members in a coalition with city officials, non-profit social agencies and community groups to put Prop C on the ballot.

The collaborators didn’t even include representatives of the retired employees whose health care would be seriously affected and who were quite active in helping elect labor-friendly candidates.

Paulson, a generally ineffective leader who always seems to be seeking approval of the City establishment, singled out billionaire Warren Hellman for being one of the principal collaborators.

Paulson boasted that every city employee union joined in what he actually described as “a real San Francisco way of doing things.” Hardly. If there really were such a thing, it would be a far cry from the “collaborative” approach that involved labor giving in to the wishes of its anti-labor corporate and business opponents.

Paulson and Falk claimed the approach will be “a model for the rest of the country.” Thankfully for the rest of the country, that seems highly unlikely given the widespread demands for actual reform triggered by the Occupy Wall Street protests.

Negotiations between labor and management eventually reach agreements that both can live with, albeit often uncomfortably. But no agreement can be reached, or should be reached, when one party – the Chamber of Commerce in this case – is not seeking real compromise with an enemy – namely unions – that it would like to put out of business, or at least seriously weaken. Unions, of course, have the same feelings about union foes like the Chamber.

Tim Paulson actually declared the election results “a great victory during difficult times.”

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom and a former city editor of the Oakland Tribune, has covered labor and politics for a half-century as a reporter, editor, author and commentator. Contact him through his website, dickmeister.com, which includes more than 300 of his columns.

 

The Guardian–and the historic elections of 1966 and 2011

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(Written on election day before the polls closed. Scroll down for our editorial positions of 1966 and 2011)

In the second edition of the Guardian, dated Nov. 7, 1966, we published our first set of editorial endorsements that were to become a trademark of our form of alternative journalism.  (Our 1966 editorial in pdf form.)

We strongly endorsed then Gov. Pat Brown, going for his third term as a progressive governor, over Ronald Reagan, making his first run at elective office as the voice of the new Republican conservatism, in what we called “our historic election.” In reading the editorial over on the eve of our current “historic election,” it was remarkably prescient.

“For the repudiation of Brown and the election of Reagan,” we noted gloomily,  “would mean that a generation of progressive legislation—in medicare, in education, in welfare, in conservation, in water resources, in bringing to account the dreadful problems of growth, population, and sprawl—would be in grave jeopardy.

“It isn’t difficult to imagine, for example, what will happen to the conservation movement at the hands of a man who talks loudly about selling off ‘unused park land.’ It is this sort of statement that shows Reagan’s naivete, his total lack of qualification for any responsible government job and his complete misunderstanding of what is happening in our state.”

We pointed out that Brown had continued the progressive policies of Govs.Warren and Knight but that this forward movement would end abruptly with Reagan as governor. Well, alas, we were right. Reaganomics was born and the Guardian and everybody else have ever since been fighting the doctrine of tax cuts, deregulation, privatization, and the economics of greed is good and greed is legal.

The result can be seen in today’s election in San Francisco and other California cities and counties.

The mayoral regimes of Brown, Newsom and Ed Lee have carried on the key elements of Reaganomics: endless budget cuts and a bushelbasket of  higher fees, no new revenue initiatives, no moves to tax the Warren Hellmans and the Gordon Gettys on the same basis as the middle class, no moves to tax the big realtors and banks and big downtown companies on the same basis as small businesses, maintaining and facilitating the galloping inequalities of income, keeping the corrupting PG&E/Raker scandal intact at City Hall and thus allowing PG&E to operate as an illegal private utility in San Francisco. On and on.

 The sad thing is that if Lee wins and the tide of sleaze keeps rising in his office, and the progressives lose even more power, things are likely  to get much worse and fast. If Avalos or Herrera win, things are likely to get better but slowly if at all. If Mirkarimi wins, he will make an excellent sheriff in the Mike Hennessey tradition and will immediately be a candidate in waiting to run for mayor as a progressive sheriff and keep PG&E and the Chamber of Commerce gang on edge. (Our position as  outlined by Executive Editor Tim Redmond in “The bad old days” in   our 45th anniversary issue of Oct. 19, 2011.) 

 In any event, the Guardian will be here to “print the news and raise hell for good causes,” to update our masthead motto of 45 years. B3

 

 

 

Anyone but Lee

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tredmond@sfbg.com

Two weeks ago, the race for mayor of San Francisco seemed in the bag. Mayor Ed Lee was so far ahead in most polls that everyone else looked like an also-ran. A Bay Citizen simulation of ranked-choice voting showed Lee getting enough seconds and thirds to emerge easily as the winner. His approval rating with voters was above 70 percent. The money was pouring in to his campaign and to the coffers of independent expenditure committees promoting him.

But that was before the voter-fraud scandals, OccupySF, Sup. John Avalos appearing on national TV, a controversial veto, Sup. David Chiu getting the endorsement of the San Francisco Chronicle, and an attack on City Attorney Dennis Herrera backfiring.

“It’s changing,” Corey Cook, a political scientist at the University of San Francisco, told us. “I don’t know whether it’s tightening up, but it’s certainly changing.”

One campaign consultant, who asked not to be named, was more blunt: “The Lee campaign is one bad news story away from free-fall.”

That’s not to say Lee is going to lose, or even that he’s anything but the clear front-runner. But over the past week, as Lee has taken a series of hits, supporters of the other candidates — particularly Herrera and Avalos — are starting to wonder: Could somebody else really win?

The answer, of course, is yes — anything can happen in the week before an election. But defeating Mayor Lee will take a confluence of events and strategies that starts with a big progressive turnout — and with voters who don’t like the idea of an incumbent with ties to a corrupt old political machine carefully allocating their three ranked choices.

 

NO SURPRISE

So far, there’s been no crushing “October surprise” — no single event or revelation that can change the course of the election. And the impact of anything that happens in the next few days will be blunted by the fact that 27,000 absentee ballots have already arrived at the Department of Elections.

By all accounts, Lee’s campaign and the somewhat sketchy independent expenditure groups that are working in parallel, if not in concert, have done an impressive job of identifying and turning out absentee voters. Local consultants from most of the campaigns agree that at least 20 percent of the final turnout will be Chinese voters — and Lee will get at least 75 and as much of 90 percent of that vote.

But as Cook notes, there are still “huge undecideds” for this late in a race. And while Lee was polling above 30 percent a few weeks ago, by most accounts his numbers have been dropping steadily. One recent poll shows him falling 10 points in the past two weeks, leaving him closer to 20 percent than 30 percent.

“If the election were held three weeks from now, he’d lose,” said one consultant who asked not to be identified by name.

What’s happened? A confluence of factors have put the incumbent in a bad light.

The voter-fraud allegations have made headlines and the district attorney is discussing a criminal investigation. Although Lee and his campaign weren’t directly involved — the possibly illegal efforts to steer voters to Lee were run by one of the IEs — the last thing a politician wants to see in the waning days before an election are the words “voter fraud” and “criminal investigation.”

And the allegation — that Lee supporters in Chinatown filled out ballots for absentee voters then collected them for later delivery — play right into Lee’s weakness. While voters generally have good impressions of his work at City Hall, the fact that he’s connected to sleazy operators and tied to the old discredited Brown machine continues to haunt him. And this sort of activity simply re-enforces that perception.

The Leland Yee campaign has taken direct advantage of that perception, releasing a parody of the hagiographic Lee biography written by political consultant Enrique Pearce. “The Real Ed Lee story,” which repeatedly talks of his connections to unethical power brokers, hit the streets this past weekend.

Lee also sided with the San Francisco Chamber of Commerce over a coalition of labor and consumer groups with his veto of legislation by Sup. David Campos that would have prevented employers from draining $50 million per year from health savings accounts set up to comply with city law. Many restaurants even tack a 3-5 percent surcharge onto customers’ bills, making it essentially consumer fraud.

“It’s important for us to take a stance on the issue and say that what the mayor did was wrong,” Campos told us. “It’s a defining issue for us in City Hall.”

Then there’s OccupySF. Nobody knows for sure, but it’s likely that a majority of San Franciscans are at least somewhat sympathetic to the group’s message. And Lee has so far avoided the public relations disaster of Oakland’s crackdown.

But the left is unhappy with Lee’s constant threats to clear out the encampment, and the right is unhappy that he hasn’t sent in the cops already — and even the San Francisco Chronicle has denounced his lack of decisiveness.

Lee put the police on high alert and had them moving around in buses, ready to move in — than at the last minute changed his mind. “What this shows,” said former Supervisor Aaron Peskin, “is that we don’t have a mayor with a firm hand on the tiller.”

Most observers expected that the Chronicle would join the San Francisco Examiner and endorse Lee. But the paper came down on the side of Supervisor David Chiu. Chiu is still running well behind in the polls, and not that many voters follow the Chron’s advice, but the endorsement was a huge boost to his campaign.

“Ed Lee’s had a bad couple of weeks, and some of the others have had a good couple of weeks,” Cooks said.

 

RANKED CHOICE

Ranked-choice voting puts an interesting twist into all of this. Several consultants and election experts I talked to this week said that Lee would be far more vulnerable in a traditional election. “He would lose a runoff against almost any of the top challengers,” one person said.

But every poll that’s tested the ranked-choice scenario — even recent polls that show Lee faltering — still put him on top after the votes are all tallied and allocated. That’s in part because supporters of candidates who are lower in the pack — Chiu, for example — tend to put Lee as a second or third choice. The Bay Citizen/USF poll showed that when Chiu was eliminated, most of his votes wound up going to Lee.

“Ranked-choice voting clearly favors incumbents,” Cook told me.

And, people walking precincts say, there are still some Herrera and even Avalos voters who put Lee second or third. And the only way Avalos — or anyone other than Lee — can win the election is if progressive and independent voters stick to a clear “anyone but Lee” voting strategy.

Avalos is doing well in recent polls; in fact, one shows him ahead of Herrera in first-place votes. Herrera does better when seconds and thirds are counted. Michela Alioto-Pier gets a fair number of first-place votes, which isn’t surprising since she’s one of only three women in the race, the only woman with citywide name recognition — and the only real credible conservative.

Yee and Chiu are both in the running, and Yee has come out strong attacking Lee and is running hard for progressive votes. He showed up at OccupySF the night a police raid was threatened and has been the leading critic of the alleged voter fraud.

Cook says a scenario where somebody beats Lee is still “an inside straight” — but it’s not at all impossible.

If Lee gets 30 percent of the first-place votes, most observers (including his opponents) agree that he’s going to cruise to victory. But if his first-place total is closer to 20 percent, and one or more of the other candidates are within five points, it’s going to be a lot closer.

Here’s the bottom line: If you don’t want to see a repeat of the late 1990s, when Willie Brown was mayor and City Hall was for sale to the highest bidder, vote for anyone but Lee — and use your three votes strategically. If you like John Avalos, put him first — but give your second-place vote to Herrera, who seems positioned right now to be the other strongest challenger. If you like Herrera, give your second to Avalos. If you like Leland Yee or David Chiu, make sure that Avalos and Herrera are also on your slate.

Fill out all three votes. And get your friends and family to the polls. Because turnout is projected to be low, which helps Lee — and the race may well be decided on the basis of who shows up November 8th.

Lee benefits from vetoing health care reform

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Downtown groups that pressured Mayor Ed Lee to veto legislation that would have prevented businesses from raiding their employees’ health savings accounts have been funneling big bucks into independent expenditure campaigns formed to keep Lee in the Mayor’s Office.

Meanwhile, the Board of Supervisors today strengthened a weak alternative to the vetoed legislation by Board President David Chiu, which it then continued for two weeks. The amendments by Sup. Malia Cohen were unanimously approved by the board, but her five allies in supporting the vetoed legislation – David Campos, John Avalos, Ross Mirkarimi, Jane Kim, and Eric Mar – preferred that the measure be returned to committee for more analysis, losing on a 6-5 vote.

“We need more time to understand the implications of the amendments. We’re not sure if it actually closes the loophole,” Campos, the vetoed measure’s sponsor, said of provisions in the Health Care Security Ordinance – the city’s landmark measure that required employers to provide some health coverage to employees – that allowed businesses last year to pocket more than $50 million from health savings accounts they created for their employees.

One Cohen amendment specifically addressed one of the more egregious violations – restaurants that charge customers at 3-5 percent surcharge for employee health care and than pocket that money at the end of the year – which Chiu had addressed only by calling for more scrutiny of the tactic by the Office of Labor Standards. She also would require businesses to keep two years worth of contributions in the account, rather than the one year sought by Chiu to address the so-called “January problem” of businesses draining the account at the end of every year and leaving nothing for employees who get sick or injured at the start of the year.

It was perhaps a sign of the heat that Lee took from labor and consumer groups for his veto that he quickly issued a press release today praising the supervisors for addressing the issue. “I applaud President Chiu, Supervisor Cohen, organized labor, small business owners, and the Department of Public Health for finding the solutions to this important public policy that can strengthen our City’s landmark Health Care Security Ordinance. By closing the loophole through these proposed amendments, we can increase access to health care, protect jobs in our small businesses and protect consumers while growing our economy at the same time,” it read.

But Lee appears to have already benefited from heeding the demands of downtown – particularly the San Francisco Chamber of Commerce and Golden Gate Restaurant Association (GGRA) – who made defeating the Campos legislation a top priority, casting it as a new “fee” that would drain $50 million from the local economy.

The San Francisco Alliance for Jobs and Sustainable Growth PAC, created by notorious downtown bagman Jim Sutton, is the best-funded on the four independent expenditure groups that are supporting Lee, taking in $390,000 this fall, including $27,000 from the GGRA and $25,000 from the Chamber’s SF Forward group. Both groups also support the Committee on Jobs, which kicked in $110,000 to the Alliance campaign. GGRA also gave another $10,000 to the pension reform campaign that Lee is pushing, support the Chamber had threatened to withhold if the Campos measure was approved.

GGRA Executive Director Rob Black denied this was pay-to-play politics, noting that the Alliance is also supporting DA George Gascon, Sheriff candidate Chris Cunnie and two ballot measures. “But absolutely, the mayor’s name is on there and the organization voted to endorse him,” Black said.

GGRA voted in August to endorse Lee, Chiu, and Michela Alioto-Pier for mayor. Black said the organization is “generally supportive of Sup. Chiu’s approach to reforming the Health Care Security Ordinance,” and Black specifically said it supports improving requirements that businesses notify employees about the health savings accounts and how to use them.

The GGRA led the original fight against the HCSO in 2006, which was sponsored by then-Sup. Tom Ammiano, who lined up a veto-proof majority on the progressive-dominated board and eventually persuaded then-Mayor Gavin Newsom to support it. The measure created the Healthy San Francisco program and required employers to spend a minimum amount per employee on health care, although federal ERISA law bars cities from prescribing how that money is spent.

GGRA challenged the employer mandate all the way to the U.S. Supreme Court on the grounds that it violated ERISA, losing the case. Many of its members restaurants then opted to use health savings accounts rather than paying into Healthy San Francisco or private health insurance, even though health experts say such accounts are the worst option.

Campos and his allies have maintained that money in these health savings accounts belongs to employees and that businesses that use and raid them gain an unfair competitive advantage at the expense of their employees, customers, and city taxpayers, who are often forced to foot the bill for the uninsured.

Campos and the coalition that supports him has said they may take this issue to voters if the Chiu/Lee legislative fix doesn’t address their concerns.

Vote for three but not Ed Lee

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OPINION Halloween 2011. Next week San Francisco will choose a new mayor. Is this a masquerade? Who is behind Mayor Ed Lee’s mask?

I’ll call it exactly how I see it: I am disappointed in Ed Lee. I’ve known him since before I was first elected to the Board of Supervisors in 2000. I wanted to be hopeful, but I actually can’t say that I’m surprised. Ed Lee has always been a go-along-to-get-along bureaucrat who has moved up the feeding chain by doing the bidding of former Mayor Willie Brown and Willie’s loyal lieutenant Rose Pak. I had a fantasy that maybe Ed would rise to the occasion, become his own person, and emerge as an independent leader free of those that orchestrated his appointment to “interim” mayor.

But in the first year since appointment (in one of the most masterful political plays since Abe Ruef got Eugene Schmitz installed as mayor in 1902), Ed has consistently sided with the powers and their “City Family” that “made” him. Even I was astounded when Ed moved legislation to displace hundreds of hotel workers at San Francisco’s Fairmont Hotel. And I was actually shocked when he did the bidding of the right-wing Restaurant Association and vetoed common-sense legislation to stop the exploitation of local restaurant workers.

His list of disappointments grow. He orchestrated the demolition of more than 1,500 units of rent controlled housing at Park Merced. Then he had the audacity to laud Pacific Gas and Electric Co. as a “great local corporation” on the anniversary of the lethal San Bruno pipeline explosion.

Several pols have been credited with the statement that “money is the mother’s milk of politics.” Well, Willie and Rose and their friends at the Chamber of Commerce got milk! Willie Brown is fundraising for three different committees to get Lee elected, Rose Pak started two different fundraising committees of her own, and right-wing Republican billionaires like Ron Conway and right wing corporations like Pacific Gas and Electric are lining up to throw money into the coffers.

Why? Because Ed is their guy.

The proof is right in front of us. All of Willie’s trademark slights of hand are resurfacing in Ed Lee’s friends’ bag of tricks: money laundering, pay to play politics, allegations of voter fraud. These are all hallmarks of Brown and his cronies, all executed under the visage of the supposedly humble Ed Lee. And voters shouldn’t fall for it. Because if we do, we’ll go back to the days before Gavin Newsom when backroom deals, self-dealing, cronyism and out-and-out corruption were the rule of the day.

It is no coincidence that in a year gripped by the divide between the 99 and 1 percent, the latter is working feverishly to elect Lee. If you don’t believe me, look it up on the Ethics Commission website (sfgov.org/ethics). PG&E alone has contributed at least $50,000 to one such “independent” committee.

I know this is the first race for mayor with ranked choice voting—and it is confusing. That’s a concern. But frankly, at this point all I care about is that voters understand not to mark Ed Lee anywhere on their ballot.

The good news? The outcome of the Mayor’s race is far from a foregone conclusion. San Franciscans are seeing through the millions of corporate dollars being spent on behalf of Lee.

You have a choice—three, in fact. And you should use them strategically, because you can make a difference by voting not just with your heart, but also with your mind. That means making sure you do your research and vote for three candidates who represent your values—and have a chance to win.

The Guardian has endorsed three candidates—Avalos, Herrera, and Yee—who have demonstrated enough of a commitment to progressive values and an aversion to the powers of the once-dormant machine that, like a vampire, is attempting to rise from the crypt. These three candidates also happen to have the best shot to beat Lee. Your votes for all three—in any order—are your best guarantee not to elect Ed Lee.

Vote for three and don’t vote for Lee!

Aaron Peskin chairs the San Francisco Democratic County Central Committee.

 

The selling of Ed Lee

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steve@sfbg.com

Ed Lee has gone through a remarkable makeover in the last year, transformed from the mild-mannered city bureaucrat who reluctantly became interim mayor to a political powerhouse backed by wealthy special interests waging one of the best-funded and least transparent mayoral campaigns in modern San Francisco history.

The affable anti-politician who opened Room 200 up to a variety of groups and individuals that his predecessor had shut out — a trait that won Lee some progressive accolades, particularly during the budget season — has become an elusive mayoral candidate who skipped most of the debates, ducked his Guardian endorsement interview, and speaks mostly through prepared public statements peppered with contradictions that he won’t address.

The old Ed Lee is still in there somewhere, with his folksy charm and unshakable belief that there’s compromise and consensus possible on even the most divisive issues. But the Ed Lee that is running for mayor is largely a creation of the political operatives who pushed him to break his word and run, from brazen power brokers Willie Brown and Rose Pak to political consultants David Ho and Enrique Pearce to the wealthy backers who seek to maintain their control over the city.

So we thought it might be educational to retrace the steps that brought us to this moment, as they were covered at the time by the Guardian and other local media outlets.

Caretaker mayor

The story begins quite suddenly on Jan. 4, when the Board of Supervisors convened to consider a replacement for Gavin Newsom, who had been elected lieutenant governor but delayed his swearing-in to prevent the board from choosing a progressive interim mayor who might then have an advantage in the fall elections. Newsom and other political centrists insisted on a “caretaker mayor” who pledged to vacate the office after serving the final year of the current term.

It was the final regular meeting of the old board, four days before the four newly elected supervisors would take office. What had been a bare majority of progressive supervisors openly talked about naming former mayor Art Agnos, or Sheriff Michael Hennessey, or maybe Democratic Party Chair Aaron Peskin as a caretaker mayor.

When then-Sup. Bevan Dufty said he would support Hennessey, someone Newsom had already said was acceptable, the progressive supervisors decided to coalesce around Hennessey. That was mostly because the moderates on the board had suddenly united behind a rival candidate who had consistently said didn’t want the job: City Administrator Ed Lee.

Board President David Chiu was the first in the progressive bloc to breaks ranks and back Lee, saying that had long been his first choice. Dufty became the swing vote, and he abstained from voting as the marathon meeting passed the 10 p.m. mark, at which point he asked for a recess and walked down to Room 200 to consult with Newsom.

At the time, Dufty said no deals had been cut and that he was just looking for assurances that Lee wouldn’t run for a full term (Dufty was already running for mayor) and that he would defend the sanctuary city law. But during his endorsement interview with the Guardian last month, he confessed to another reason: Newsom told him that Hennessey had pledged to get rid of Chief-of-Staff Steve Kawa, a pro-downtown political fixer from the Brown era who was despised by progressive groups but liked by Dufty.

Chiu and others stressed Lee’s roots as a progressive tenants rights attorney, the importance of having a non-political technocrat close the ideological gap at City Hall and get things done, particularly on the budget. So everyone just hoped for the best.

“Run, Ed, Run”

The drumbeat began within just a couple months, with downtown-oriented politicos and Lee supporters urging him to run for mayor in the wake of a successful if controversial legislative push by Lee, Chiu, and Sup. Jane Kim to give million of dollars in tax breaks to Twitter and other businesses in the mid-Market and Tenderloin areas.

In mid-May, Pak and her allies created Progress for All, registering it as a “general civic education and public affairs” committee even though its sole purpose was to use large donations from corporations with city contracts or who had worked with Pak before to fund a high-profile “Run, Ed, Run” campaign, which plastered the city with posters featuring a likeness of Lee.

Initially, that campaign and its promotional materials were created by Pak (who refuses to speak to the Guardian) and political consultant Enrique Pearce (who did not return calls for this article) of Left Coast Communications, which had just run Kim’s successful D6 victory over progressive opponent Debra Walker, along with Pak protégé David Ho.

During that campaign, the Guardian and Bay Citizen discovered Pearce running an independent expenditure campaign called New Day for SF, funded mostly by Willie Brown, out of his office, despite bans of IEs coordinating with official campaigns. That tactic would repeat itself over the coming months, drawing criticism but never any sanctions from the toothless Ethics Commission. Pearce was hired by two more pro-Lee IEs: Committee for Effective City Management and SF Neighbor Alliance, for which he wrote the book The Ed Lee Story, a supposedly “unauthorized biography” filled with photos and personal details about Lee.

Publicly, the campaign was fronted by noted Brown allies such as his former planning commissioner Shelly Bradford-Bell, Pak allies including Chinatown Community Development Center director Gordon Chin, and a more surprising political figure, Christina Olague, a progressive board appointee to the Planning Commission. She had already surprised and disappointed some of her progressive allies on Feb. 28 when she endorsed Chiu for mayor during his campaign kickoff, and even more when she got behind Lee.

Olague recently told us the moves did indeed elicit scorn from some longtime allies, but she defends the latter decision as being based on Lee’s experience and willingness to dialogue with progressives who had been shut out by Newsom, noting that she had been asked to join the campaign by Chin. Olague also said the decision was partially strategic: “If we get progressives to support him early on, maybe we’ll have a seat at the table.”

Right up until the end, Lee told reporters that he planned to honor his word and not run. During a Guardian interview in July when we pressed him on the point, Lee said he would only run if every member of the Board of Supervisors asked him to, although about half the board publicly said that he shouldn’t, including Sup. Sean Elsbernd, who nominated him for interim mayor.

And then, just before the filing deadline in early August, Lee announced that he had changed his mind and was running for mayor, the powers of incumbency instant catapulting him into the frontrunner position where he remains today, according to the most recent poll by the Bay Citizen and University of San Francisco.

Lee the politician

With his late entry into the race and decision to forgo public financing and its attendant spending limits, one might think that Lee would have to campaign aggressively to keep his job. But most of the heavy lifting has so far been done by his taxpayer-financed Office of Communications (which issues press releases at least daily) and by corporate-funded surrogates in a series of coordinated “independent” groups (see Rebecca Bowe’s story, “The billionaires’ mayor”).

That has left Lee to simply act as mayor, where he’s made a series of decisions that favor the business community and complement the “jobs” mantra cited relentlessly by centrist politicians playing on people’s economic insecurities.

Yet Lee has been elusive on the campaign trail and to reporters who seek more detailed explanations about his stands on issue or contradictions in his positions, and his spokespersons sometimes offer only misleading doublespeak.

For example, Lee’s office announced plans to veto legislation by Sup. David Campos that would prevent businesses from meeting their city obligation to provide a minimum level of employee health benefits through health savings accounts that these businesses would then pocket at the end of the year, taking $50 million last year even though some of that money had been put in by restaurant customer’s paying 5 percent surcharges on their bills.

Although Campos, the five other supervisors who voted for the measure, four other mayoral candidates, and its many supporters in the labor and consumer rights movements maintained the money belonged to workers who desperately needed it to afford expensive health care, the San Francisco Chamber of Commerce said it was about “jobs” that would be protected only if businesses could keep that money.

Lee parroted the position but tried to push the political damage until after the election, issuing a statement entitled “Mayor Lee Convenes Group to Improve Health Care Access & Protect Jobs,” saying that he would seek to “develop a consensus strategy” on the divisive issue — one in which Campos said “we have a fundamental disagreement” — that would take weeks to play out.

After a frustrating back-and-forth with Lee Press Secretary Christine Falvey by email, it’s still unclear how to resolve the contradiction between whether businesses could seize these funds or whether they belonged to employees, with her latest statement being, “The Mayor absolutely wants these funds spent on providing access to quality primary and preventative health care because this is the business’s obligation under HCSO. Making sure that these funds go to pay for health care is the most important objective.”

Similarly, when police raided the OccupySF encampment on Oct. 5, Lee’s office issued a statement that was a classic case of politicians trying to have it both ways, expressing support for the movement and its goal to “occupy” public space, but also supporting the need to police to clear the encampment of those same occupiers.

But now, in the wake of a repeat raid on Oct. 16 that has inflamed passions on the issue, the question is whether Lee can run out the clock and retain the office he gained on the promise of being someone more than a typical politician.