Conservatives

Editor’s notes

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tredmond@sfbg.com

When California Senate President Darrel Steinberg introduced a bill this spring that would allow local government agencies to impose a wide range of new taxes, I didn’t think anyone would take it seriously (including the author). It seemed, unfortunately, to be a piece of political theater and possibly some high-stakes poker. With a simple majority vote, the Democrats could infuriate Republicans by finding a back-door way to raise taxes. Maybe that would bring the recalcitrant, obstructionist GOP to the budget table.

Instead, an amazing thing has happened: SB653 is moving forward, and community groups, politicians, and the news media are all getting involved in a critical debate: how should a state with almost 40 million people whose representatives can’t even agree on a basic vision for anything be managed and governed?

Gov. Jerry Brown, in one of his populist streaks, says he wants government to be closer to the people — that is, let local agencies run things. That runs counter to the liberal agenda of the past half-century or so, a time when the federal government stepped in to ensure civil rights in the South, the state government stepped in to mandate educational equality, and all of us wanted to be sure that poor areas got their share of the social wealth. Segregationists wanted “states rights.” Rich conservatives wanted local control over school funding.

But the world goes around and around, and the reality on the ground and in the political air changes, and these days the crucial issue, the defining issue, in the United States is wealth inequality and taxation — and the hard-right GOP has a stranglehold on both Washington and Sacramento. Meanwhile, cities are leading the way on civil rights issues — San Francisco, for example, defied both state and federal law to allow same-sex marriage and continues to fight for a saner immigration policy, even if that means opting out of a federal law-enforcement program.

The San Francisco Chronicle ran an editorial May 15 opposing SB653, arguing that it will benefit wealthier counties (which, oddly enough these days, elect pro-tax Democrats) at the expense of poorer counties (which elect conservative Republicans). That may be true, but there’s another way to look at it.

I’m not suggesting that the state cut spending in rural and low-income areas, and neither is Steinberg. The idea is that the state’s support for local government should be a floor — a solid floor — but not a ceiling. I’m fine with some of my tax money going to areas with a lower tax base and serious economic problems, even if the people who live there elect Neanderthals to the state Legislature. But if those of us in more liberal communities want to pay more for better services, why shouldn’t we have that option?

And if some of us think this state is too big to govern anymore and ought to be split up anyway, this seems an excellent way to start having that discussion. 

 

SF’s top cops differ on local control

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The announcement by Sheriff Michael Hennessey that he won’t honor federal deportation holds for undocumented prisoners accused of low-level crimes is a great illustration of local control – which is the reason why we elect our sheriff and district attorney – but it is a concept that District Attorney George Gascon doesn’t seem to understand.

As the Guardian recently reported in a cover story by Sarah Phelan, Gascon ignored local control, civilian police oversight, and even standing police general orders as police chief by taking a highly deferential stance with the FBI and its domestic spying operations. Then, in a Chronicle op-ed on the death penalty last weekend, Gascon went even further in declaring himself to be merely a minion of higher government authorities.

While stating his opposition to capital punishment, Gascon said he wouldn’t rule out seeking the death penalty because he doesn’t think his own view or that of the vast majority of San Franciscans should determine his office’s actions. “I don’t believe district attorneys should be allowed to supplant the views of the state with those of their own,” he wrote.

That is a rather astounding statement that only an inexperienced prosecutor and an individual who has spent almost his entire career in the rigid hierarchies of police departments – rather than actually working as an attorney – would make.

“That’s where rookies make mistakes because they don’t have the experience to use their prosecutorial discretion,” said Sharmin Bock, a career prosecutor who works in the the Alameda County District Attorney’s Office, and who is running against Gascon (who did not return our calls for comment). “The DA has discretion over charging decisions and when you pick a DA it is for their discretion.”

For example, Bock cited the Three Strikes You’re Out law, which allows prosecutors to seek a sentence of 25 years to life even for the most minor crimes when they are committed by two-time felons. If all prosecutors used that full authority in every case, California’s severely overcrowded prison system would be even worse, which is one reason why prosecutors in places like San Francisco, Alameda County, and Los Angeles use their discretion and only seek Three Strikes sentencing standards for violent felons.

Similarly, in San Francisco, former DA Kamala Harris upheld her campaign pledge to never seek the death penalty, just as her predecessor Terence Hallinan used his prosecutorial discretion in dealing with local medical marijuana dispensaries or refusing to throw the book at those who committed low-level drug crimes.

Otherwise, the DA is nothing more than an administrative position, and San Francisco is forced to endure the same prosecutorial standards and values that are promulgated by intolerant conservatives from rural counties who have loaded up the Penal Code with costly and unjust new crimes and sentencing enhancements.

Hennessey understands that San Franciscans don’t want the same harsh treatment of our immigrant neighbors that the intolerant residents of Fresno, Orange, or Placer counties might demand. That why San Francisco’s elected officials made this a sanctuary city, and it’s why Hennessey told the Examiner, “I’m just doing our best to enforce local law. That’s my job.” But if Gascon thinks it’s his job to simply be an agent of the state and federal governments, perhaps San Francisco voters should cast their ballots accordingly.

Muni strike vote stems from “gigantic mistrust” of the MTA

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At a time when public employee unions are being demonized, downsized, and degraded by conservatives and much of the general public, it was a bold gesture for Muni drivers to recently authorize their Transportation Workers Union Local 250A to defy city law and go on strike anyway. But following through on that threat and shutting down Muni may only turn the public even more strongly against that union.

Board of Supervisors President David Chiu said a Muni strike would be “a significant mistake” that he’s trying to avert, and City Attorney Dennis Herrera has issued a statement reminding the public and Muni workers that strikes are banned in the union contact and the City Charter and “we will take appropriate legal recourse.”

But the union’s Secretary-Treasurer Walter Scott told us the strike authorization vote was a result of the “gigantic mistrust” by Muni workers of their Municipal Transportation Agency bosses. “They wanted a strike authorization vote,” he said, which “shows that the membership is behind us” as union leaders negotiate a new contract in the wake of November’s Prop. G, which ended the union’s pay guarantees.

Among the recent factors that Scott said have led Muni workers to doubt that the agency is negotiating in good faith were the MTA’s unilateral decisions to withhold Health Care Trust Fund money that had gone to drivers in previous years and the new requirement that drivers bring in doctors’ notes if they call in sick, as well as the agency’s decision to hire public relations specialist Charlie Goodyear to publicize developments in the ongoing negotiations.

But Goodyear said those issues are diversions that haven’t been raised in the current negotiations, that the MTA was acting under authority it has under the charter, and that “we hope that the good work that’s been going on for five or six weeks continues” and the two sides reach an agreement on a new contract.

Scott also expressed hope that the two sides will reach a deal. “Nobody wants to strike, and we’re trying our damnedest to find a happy median in these negotiations,” he said.

As for the right of the drivers to strike, Scott agrees that the current contract prohibits it, but he noted that the contract expires on June 30 and that “on July 1, we have no contract. That’s went the legality [of a strike] comes into question.”

Herrera has noted that the City Charter also declares that “strikes by City employees are not in the public interest,” going on to note that “said employees shall be dismissed.” But Scott says Muni employees have already been so vilified by city officials and the local press that calling a strike wouldn’t hurt their standing with the public much more: “If I’m shot dead and someone stabs me, it doesn’t make that much of a difference.”

Why I’m pushing pension reform

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OPINION Some have questioned why I, as a long-time supporter of progressive policies and programs, chose to venture into the uncharted waters of pension reform. The answer is simple: I believe in the value of government, particularly in providing a safety net for the poor and those who need help. When the government no longer has the ability to provide these services, everyone suffers.

I became aware of San Francisco’s pension problem through advocating for my department’s budget. Beginning in 2005, year after year, I saw pension and benefits costs rise, while services and programs were cut or eliminated. Funding for education, parks, street repair, AIDS, senior and after-school youth programs, mental health clinics, drug treatment programs and other basic services have evaporated while pension costs continue to escalate. Today, we spend $1 out of every $7 on pension and benefit costs for city employees; in five years, it will be one out of every $4.

In the next 12 months, pension costs are projected to increase by nearly $100 million more than last year. Think of the number of jobs, programs, and services that will have to be cut to pay this debt. These costs come at a time when the city faces a $360 million budget deficit.

Some may argue that taxes should be raised to pay for these costs. Yet progressives have shied away from tax measures in these difficult economic times. Even if there is a planned tax measure this November, it would have to raise $300 million — 10 times what last November’s millionaire real estate transfer tax raised — over the next three years to keep pace with pension costs.

While conservatives have seized on rising pension and benefit costs as a vehicle to push their anti-union agenda, we cannot cede the responsibility for addressing this fiscal challenge to the right. We must protect collective bargaining for workers, while presenting a solution that strikes an appropriate balance between our obligations to retired workers and the need for continued city services.

Shortly, I will be introducing a new ballot initiative that will help reduce costs while ensuring that the pension and health benefit system is there for future generations of workers. And the initiative will do so in a manner that is fair and equitable. The highest-earning workers, including elected officials, will be asked to contribute more while the lowest-earning workers will be entirely exempt, a lesson learned from the last pension reform effort. The reforms will help eliminate the abuses of the pension system that benefit a few workers at the expense of others. Residents, elected officials, city employees, and labor leaders are invited to review the proposals at www.sfsmartreform.com and provide any comments or ideas.

The fact that pension reform is one critical component of a more comprehensive solution that may include changes to our tax policy, generation of other revenue, and even state or federal cooperation, is no reason to excuse supporting real reform.

Jeff Adachi is San Francisco’s public defender.

Preaching Tikkun

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Michael Lerner recently endured death threats, attacks on his house, and a cyber attack that shut down the website of his beloved magazine Tikkun. But it’s nothing new for an outspoken outsider whom infamous former FBI director J. Edgar Hoover once dubbed “one of the most dangerous criminals in America.”

The 68-year-old rabbi jokes that his middle name is chutzpah (Yiddish for audacity, good or bad) and says he has been a magnet for controversy his entire life. But that doesn’t make the recent threats from Zionists and other strong advocates for Israel any less scary.

The latest controversy comes on the heels of Tikkun’s silver anniversary celebration, held March 14, when the progressive Jewish publication honored human rights advocate Judge Richard Goldstone, whose report condemning Israeli war crimes in Gaza was strongly criticized by Jewish leaders. The day after the Tikkun event, vandals plastered posters outside Lerner’s Berkeley home depicting him as a Nazi cooperating with an Islamic extremist to destroy Israel. Previously vandals broke into his home, wreaking havoc inside and leaving graffiti to communicate their message.

After all these years, Lerner bears the threats and accusations with eternal optimism and resilience, preaching the still-radical message of “peace, justice, nonviolence, generosity, caring, love, and compassion.” The message has been at center of the Berkeley-based magazine’s mission for 25 years.

Aside from being a vibrant spiritual community based on traditional Jewish and other humanistic values, Tikkun has deeply influenced the discourse in the wider Jewish community. It has challenged the Jewish community’s automatic support for Israel and Zionism and started a spirited debate, triggering an angry backlash in the process.

As its readership has diversified across religions, so has its mission, leading Lerner to found the Network of Spiritual Progressives in 2005. Dismayed by how conservatives use the notion of family values, Lerner has sought to create a progressive framework to address the human need for spiritual meaning.

“Tikkun is the major thing I did with my life,” Lerner tells us.

The recent celebration included an award ceremony for those Lerner’s team deems most “Tikkunish.” The title of the magazine comes from the old Hebrew phrase tikkun olam, a principle of shared responsibility to “heal, repair, and transform the world.” Previous winners include poet Allen Ginsberg and historian Howard Zinn.

Goldstone is known for helping to dismantle apartheid in South Africa and prosecuting war crimes in the former Yugoslavia and Rwanda. Most recently, Goldstone headed a U.N.-sponsored investigation into Israel’s attack on Gaza two years ago. The investigation concluded that indiscriminate bombing in densely populated areas by Israeli forces amounts to war crimes.

Israel and many Jewish leaders have harshly criticized Goldstone’s report on the Gaza attack for its purported biases, saying it unjustly jeopardizes Israel’s international standing and reputation. But at Tikkun’s award ceremony, Goldstone reaffirmed the findings of his investigation and said that he was compelled to act because he believes in the “right of civilians to be protected even in war.”

Lerner sees Goldstone’s actions as important and deeply Jewish, calling him “a person who takes seriously a central command of Torah: ‘Justice, justice shalt thou pursue.'” The two men have had a relationship since Lerner reached out to Goldstone a year ago. At the time, Goldstone was facing so much backlash that some members of South Africa’s Jewish community sought to bar him from attending his son’s bar mitzvah. That was when the first attack to Lerner’s home occurred.

Berkeley Police Department spokesperson Sgt. Mary Kusmiss said the police have “no leads or identified suspects.” She went on to say that the latest incident may be classified as a hate crime.

“When people start coming to attack your house, you don’t feel safe,” Lerner said. “You don’t know what these crazy people will do next.” But he insists he does not want to make a big deal out of the threats, saying extremists have never altered his actions or politics.

Lerner has always tried to challenge the American Jewish establishment, a term for organizations with an array of religious, cultural, and political concerns but a common hawkish stance on Israel and American foreign policy.

“Israel has been turned into God,” he explains. “You can walk into any synagogue in America and you can tell them ‘I don’t believe in God, I don’t like the Torah, and I’m not following the Ten Commandments’ and be welcomed. But if you go into that same synagogue and say, ‘I don’t support Israel,’ you are kicked out. People are worshiping Israel and God has been abandoned.”

But Lerner notes shifting public opinion, especially among younger Jews. Many are experiencing ethical dissonance between the righteous and heroic Israel commonly portrayed in the Jewish community and the increasingly visible reality of Israel’s military occupation of Palestinian lands, human rights abuses, and violations of international law.

While criticism of Israel coming from non-Jews is often dismissed as anti-Semitism, Jews who express dissent often get called “self-hating.” But Lerner said the illogical conclusion that Israel is the same thing as the Jewish people, and that if you criticize Israel you hate yourself has become less effective in silencing dissent. “It simply isn’t true that people are angry at Israel because of some internal psychological deformation,” Lerner said. “[Increasingly] people are saying ‘If being ethical is the same as being a self-hating Jew, then I choose to be ethical.’ “

But Lerner comes under fierce criticism from Jewish hardliners for his views. Attorney Alan Dershowitz, an outspoken supporter of Israel’s government, famously wrote a 2006 commentary in j., the Jewish news weekly of Northern California detailing Lerner’s “offense against decency and the Jewish people,” concluding that Lerner is a “rabbi for Hamas.” According to Dershowitz, “Tikkun is quickly becoming the most virulently anti-Israel screed ever published under Jewish auspices.”

But Lerner isn’t really on the radical edge in criticizing Israel. Although Tikkun courted controversy in 1988 by denouncing Israel’s occupation of Palestinian territories, the magazine today doesn’t support the movement that is pushing a policy of boycott, divestment, and sanctions of Israel initiated by Palestinian activists in 2005 as a nonviolent tactic to pressure Israel to change its policies. But Lerner still seeks to foster debate on the topic, as he did in the July/August 2010 issue, which featured Rebecca Vilkomerson of Jewish Voice for Peace arguing for at least a partial support of the tactic.

Lerner’s ire has always been directed at powerful institutions, from the military to the white Southern power structure. As a college student, Lerner directly engaged in the nonviolent protests of the 1960s. While working toward his first PhD (philosophy) at UC Berkeley, Lerner was president of Students for a Democratic Society. Later, while working on his second PhD (psychology) in Seattle, Lerner was arrested and found guilty of instigating a riot during a protest against the Vietnam War. The conviction was later overturned, but his reputation as a dangerous radical was solidified in the minds of Hoover and other establishment figures.

Lerner never abandoned his belief in the validity and power of protest. “I would like to see young Jews confront the Jewish institutions,” he said. “I want to see sit-ins and demonstrations to challenge those who are willing to give support to the right-wing governments of Israel.”

Yet he has also grown skeptical of many leftist groups. “As spiritual progressives, we are critical of progressives,” Lerner explains. Although he agrees that a major redistribution of political and economic power is necessary, he argues that something is missing on the left, with its focus on secular ideas and neglect of real spiritual needs.

Lerner says the left’s shortcoming has allowed the right to tap into popular discontent and win support by championing church and family.

While working toward his PhD in psychology, Lerner was part of a team that interviewed thousands of working Americans. “What we discovered was there was a spiritual crisis in peoples lives. There was a deep hunger for a framework of meaning and purpose to life that would transcend the individualism, selfishness, and materialism that people are working all day long in the workplaces,” he said. “People don’t like the message of the work world that the bottom line is to maximize money and power, and to do that you must look out for No. 1 and not care about others.”

His response was to found Tikkun, whose message can attract even agnostics. Alana Price does not describe herself as religious, but she has recently been promoted to be the co-managing editor of the magazine. “I knew Tikkun built a bridge between the religious left and the secular left, so I was excited about that,” Price said. “What drew me was the deeply humane quality of Tikkun.”

Smart meters, stupid company

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news@sfbg.com

Smart meters seemed like a good idea at first glance — a little wireless device that, unlike it’s dumb analogous predecessor, would track precise readings of household energy usage in real time, identifying wasteful activities and helping consumers make informed choices about conservation and consumption.

Considered a crucial first step in enabling a smart grid that would modernize the existing power grid for the information age, the technology was touted as offering potential benefits such as cheaper service, fewer new power plants and transmission lines, cleaner air, and more reliable services.

But Pacific Gas & Electric Co.’s $2.2 billion program for installing smart meters has now become the subject of caustic criticism by thousands of customers and activists as the culprit for skyrocketing rates, adverse health effects, and threats to privacy.

Since deployment began in California in 2009, consumers have mobilized to halt the spread of the devices, demanding further studies of the technology and options for those who don’t want to join the rush toward a wireless world. Thirty-three local governments have called for moratoriums on the installation of the devices.

The California Public Utilities Commission, which in 2006 authorized the state’s investor-owned utility companies to install more than 10 million meters in California, has done little to quell the storm of protests and concerns. But that began to change March 10 when CPUC President Michael Peevey announced that the agency would require PG&E to develop an opt-out proposal for consumers within two weeks.

Prefacing the decision with an observation that almost every speaker against smart meters the CPUC heard from was a PG&E customer, Peevey called out Northern California residents as the main opponents to the program.

“I am directing PG&E to prepare a proposal for our consideration that will allow some form of opt-out for customers who object to these devices, at a reasonable cost to be paid by the customers who choose to opt-out,” Peevey said at the hearing. “Obviously I cannot prejudge how this commission will evaluate any such proposal by PG&E, nor can I predict what PG&E itself will propose. But I think it’s clear the time has come for some kind of movement in the direction of customer opt-outs.”

But the announcement did little to quell the opposition by the scores of customers, local governments, health professionals, and advocacy groups that claim it undercuts the true concerns while simultaneously opening another avenue the utility behemoth could profit from.

“Admitting to the problem is the first step to resolving it,” says Joshua Hart, executive director of grassroots organization Stop Smart Meters!, which has been at the forefront of the rebellion. “But we obviously think a ton of things were left out of this.”

The makeup of the meter haters spans interests and ideals, from Tea Party conservatives to liberal environmentalists. Their unifying trenchant criticism of Peevey, who was president of Edison International and Southern California Edison Company until 1995, has only increased with each meter installed. PG&E has already replaced 74 percent of its analog electrical meters and 83 percent of its gas meters.

Resolutions critical of PG&E’s smart meter deployment have been passed by many Bay Area cities and the counties of Santa Cruz and San Luis Obispo. Assemblymember Jared Huffman (D-San Rafael) introduced a bill in December 2010 that would create a statewide system for opting out.

Although PG&E officials didn’t return repeated Guardian calls about the controversy, they have told other media outlets that the meters are completely safe and installation is continuing as scheduled, despite the growing furor.

 

BABY STEPS

A total of 670,000 meters are planned for San Francisco, and installation has already begun in the Marina and Richmond districts, much to the dismay of many residents. During a series of public meetings at the CPUC since 2010, dozens of people regularly line up to ask for alternative options and conclusive, third-party studies on the technology.

Speakers mainly consist of those claiming to suffer from exposure to electromagnetic fields, a condition known as electrohypersensitivity (EHS) that causes headaches, nausea, fatigue, and ringing in the ears. Sufferers liken themselves to canaries in coal mines and say smart meters are just one aspect of larger problem: understudied, overhyped wireless technology.

“The bottom line is it’s a debacle that been rolled out without any public input, without any long-term study,” Hart said. “This is the wireless technology industry being too greedy and going too far.”

Smart meters emit less powerful electromagnetic fields than many smart phones, but activists worry about the effects, both cumulative and on those with EHS, a condition recognized by the Swedish government. But here in the United States, few experts outside of holistic and alternative health circles take it seriously as a health threat.

Hart pointed to the recent publication of a study by the National Institutes of Health finding cell phone emissions affect brain activity, calling it the “smoking gun.” But most scientists found the report inconclusive about how that stimulation affects the brain.

Yet the activists have held regular protests lambasting PG&E for endangering their health and invading their privacy. “This is forced installation of untested devices on an unwilling public,” Carol Page of Marin County told us at a large Feb. 24 protest outside the CPUC meeting in San Francisco. “It’s time this commission stopped enabling and started regulating.”

CPUC officials have said there was no need for additional analysis of the program, arguing that the meters are safe and that installation is a routine procedure allowed under existing utility contracts.

But the venerable consumer watchdog The Utility Reform Network (TURN) has long-opposed the program, focusing primarily on its cost and privacy threats from the data that is being transmitted. Hundreds of customers have contacted TURN to complain about the meters, and the group says Peevey’s policy change misses the mark.

“It’s certainly a step in the right direction, but the devil is going to be in the details,” TURN spokesperson Mindy Spatt told us. “We would review any proposal to charge customers very carefully. We don’t want to see them have pay again.”

She said PG&E’s consumer outreach efforts have been “abysmal,” and TURN supports a moratorium on smart meter installation.

“We are not hearing from any people who are benefiting from it,” Spatt said. “We are hearing from people who are upset about it, and we remain unconvinced that these meters offer any benefits commensurate with their costs.”

TURN’s website offers a flyer that reads “Do Not Install,” which customers can print and place on their analog meter. Wellington Energy, the company performing installations, has respected the signs, Spatt said.

“The flyer is still getting tons and tons of play,” Spatt said. “PG&E has done nothing to address customers who say that the smart meter is unwanted and unwelcome. We are very anxious to see what sort of an opt-out they can offer.”

Although the flyer conveyed a direct message to utilities, some chose the more radical route of blocking installation physically. In January, two women, one a grandmother, were arrested in Rohnert Park for blocking a Wellington truck carrying a load of smart meters.

Sandi Maurer, founder of the EMF Safety Network, believes the movement from the CPUC falls short of taking real action addressing the threat of harmful electromagnetic frequencies to the environment and human health.

“We really need a moratorium while we study the health impacts and have evidentiary hearings where we could determine whether they are safe,” she said. In December 2010, the EMF Safety Network’s request for the CPUC to open an investigation into smart meters was denied.

 

CUSTOMER DISSERVICE

One smart meter claim the CPUC did investigate was the allegation that the new meters weren’t accurate, following up on more than 600 complaints from customers that their energy bills shot up after the new meters were installed.

The Structure Group, a Houston-based consulting company, tested 750 smart meters and 147 electromechanical meters and concluded that they worked fine. But the study also found that PG&E didn’t properly handle the complaints.

“PG&E’s process did not address the customer concerns associated with the new equipment and usage changes,” the report said. “Some customers interviewed during this assessment did not consider their complaint resolved, despite indications from PG&E and the CPUC that the customer agreed with the resolution.”

As a demonstration of how the program could have been rolled out differently, one needs only to look up the road to Sacramento. The publicly owned Sacramento Municipal Utilities District has installed 184,000 meters and encountered little opposition.

“I’ve seen what’s happening in the Bay Area and we haven’t seen anything like that whatsoever,” SMUD spokesperson Chris Capra said. “I’m amazed at the difference in our customers compared with customers around the country. “

Capra credits the relative embrace of the meters to the method SMUD used to mobilize them. Before installing any meters, SMUD build its wireless network. Then SMUD installed 78,000 trial meters in two separate areas — one in close-quartered downtown and one in suburban areas — to see how the meters behaved under topographical and proximity challenges. Then it led the meters through automated trials doubled with traditional manual reads and found that they were 99 percent accurate.

“We wanted to be certain before we began with full deployment,” Capra said. “We had estimated reads, manual reads, and made sure everything is functional. “

But some problems go beyond customer service. Along with health and safety concerns, critics remain unconvinced that the smart meters live up to their purported benefits to consumers, even though they’re the ones paying for the program.

“If I wanted to monitor my usage, I could go buy an in-home electricity monitor myself and just plug it in,” Maurer said. “For utilities to say we absolutely need this technology to reduce energy costs is false.”

Privacy advocates warn the meters could erode the privacy of daily life unless regulators limit data collection and disclosure. In a joint filing in March 2010, the Center for Democracy and Technology and the Electronic Frontier Foundation urged the CPUC to adopt rules to protect consumer’s energy usage information.

“Smart meters generate more information in formats easier to share and analyze, which is part of the future of energy utilization,” said Jim Dempsey, vice president of public policy at CDT. “That being said, some significant questions remain.”

Smart meters collect 750 to 3,000 data points a month per household. This detailed energy usage data can indicate whether someone is at home or out, how many people are in the house, and if they are using particular appliances. In effort to stave off data mining by marketers or hackers, CDT and EFF urged the CPUC to adopt comprehensive privacy standards for the collection, retention, use and disclosure of consumers’ household energy data.

Smart meters represent a worst case scenario in terms of security, Dempsey warned. Not only do they lack sufficient power to execute strong security software, they are easily accessible and installed in numbers large enough that a few may not be missed if they are stolen. The safest way to protect cyber security is to assume from the outset that they will be attacked.

“You are not going to stop technology and the benefits,” said Dempsey. “It’s hard to say we should not take advantage of something that gives us more information, but you need corresponding security. It’s not too late to adopt the privacy rules, and we certainly hope that the commission will do that soon.”

CDT and EFF say that utilities collecting the data from smart meters must set rules specifying in advance how data will be used. Disclosing information to marketers and government agencies should be restricted.

“Smart meters really do penetrate into the ways we live in ways that no other technology is doing now,” said Lee Tien, senior staff attorney at EFF. “It’s a special circumstance because there isn’t anything else like this that is in everyone’s home.”

 

STUDYING METERS

As opposition increased along with the installations, further requests for investigation into the program were filed. In July 2010, Huffman asked the California Center for Science and Technology to analyze whether the federal safety standards were sufficiently protective of public health, a move that was supported by fellow Assemblymember Bill Monning (D-Carmel) and the City of Mill Valley.

In December, Huffman also introduced Assembly Bill 37, directing the CPUC to offer an opt out alternative to customers who did not want smart meters and to disclose important information to the public. However, like the ordinances passed throughout the state, the move was largely symbolic and wouldn’t be implemented until the time most installations would have been completed in 2012.

The report released by the CCST in January analyzed the threat posed by smart meters, concluding that additional research was needed to accurately gauge the potential threat and had found “no clear evidence that additional standards were needed to protect the public from smart meters or other common household devices.”

The report has since served as a reference point for both PG&E and the CPUC as evidence of safety of the meters. Nevertheless, consumer groups dispute the findings.

“We need investigations from a truly independent third party, not an industry-promoting group hired by PG&E,” Maurer said. “We need evidentiary hearings on the health impacts of microwave facilities. Every time someone buys a new wireless router on a cell phone, it’s a drop in the bucket of more wireless technology. But [with smart meters] we’re talking about a massive increase of the density of these wireless emissions.”

The CPUC’s Division of Ratepayer Advocates was also unconvinced by the CCST’s conclusion. It noticed that the report did not fully explore issues related to cumulative exposure or from multiple co-located meters, as would be the case on apartment buildings and close quarters typical in San Francisco.

A California Senate bill imposing restrictions and revisions on utilities regarding their handling of smart meter information passed in February 2010, and in June the CPUC announced it had adopted a framework requiring utilities to modernize security standards, but details on upgrades have not appeared.

For now, protesters remain focused on pressuring regulators to stop the installation and they plan to keep up the fight for as long as needed.

“It is shock and awe to get the meters installed before people figure out that they are being scammed,” Hart said. “Until there is a moratorium called, we are urging people to resist. Stopping smart meters is just one part of the battle against the telecommunications companies.”

The future of the San Francisco left

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That, at least, was the title of the Milk Club forum March 1. Quite a panel, too: Sups. Avalos, Campos, Chiu, Kim and Mar. Tim Paulson from the Labor Council. Former Milk Club Prez Jef Sheehy. Tiny from Poor Magazine. And me.


I told the assembled that it was worth reminding ourselves how far we’ve come — when I started in this business, in 1982, Dianne Feinstein was mayor, there was exactly one reliable progressive on the Board of Supervisors (Harry Britt) and it was impossible for grassroots types without big gobs of money to get elected to high office. I’ve lived through Feinstein, Agnos, Jordan and Brown, all (until the end of the Brown Era) with at-large boards. It was awful trying to get anything good done; all we could do was fight to prevent the truly horrible from happening. Under Brown, as Sheehy noted, San Francisco politics was locked down, tight; the machine ruled, the Democratic Party was not a force for progressive issues and only a few exceptional leaders, like Tom Ammiano, kept the spirit alive.


Today, the very fact that five supervisors showed up at a Milk Club event to talk about progressive politics shows how district elections has transformed the city and how far we’ve come.


That said, we’ve still failed to make much progress on the most important issue of the day — the gap between the rich and the poor, the fact that this city has great povery and great wealth and the utterly unsustainable economic and tax system that has made us the most socially unequal society in the industrialized world.


Sheehy talked about the schools (both he and are are parents of kids in the public schools). Good schools, he said, are one of the most important socialequalizers; with a good education, poor kids have a chance. But while our local billionaires enjoy nice tax breaks, we’re starving the schools.


Kim talked abou the need for summer school and longer school years (I would add longer school days). These are things San Francisco can do — if we’re willing. “We’re talking about taxes,” Sheehy said, and he’s right.


In the past five years, I think we’ve cut about a billion dollars out of the General Fund, labor has given back more than $300 million — and we’ve raised $90 million in new taxes. Not good enough, not even close.


Yes, the bad economy is to blame for our fiscal problems, but so is the fact that we have a tax structure that systematically underfunds the public sector. (And yes, my conservative friends, cops shouldn’t retire with $250,000 a year pensions. Got it.)


Tiny made a strong statement about the essential problem facing the city when she asked, “who isn’t here?” She didn’t just mean that there were too many white people in the room (althought that was true); she meant that there were were too many working-class and poor people who can no longer live in San Francisco.


Sheehy was even more blunt: “In five years,” he said, looking out at the room, “none of us are going to be here.”
And my essential message to the crowd (and the elected officials on the panel) was: We don’t have to accept that. These are problmes we can address, right here in San Francisco. If we want to, we can shift the burden of paying the costs of society at least a little bit off the backs of the poor and middle class and onto the rich.


Nobody directly disagreed with me. In fact, Chiu announced that “income inequality is something all of us care about.”
How agressively he and others try to turn that concern into legislation will tell us something.


Two other interesting moments:


1. Every single person on the panel talked about how important Tom Ammiano was to the modern progressive movement. One by one, every panelists described the 1999 Ammiano for Mayor campaign as a defining moment in their lives and in the emergence of today’s progressive politics. Good to see the guy get the recognition he so richly deserves.


2. Campos, who was sitting next to Chiu, made a point of saying that there’s no longer a progressive majority on the board, and he pointed to the committee assignments that gave conservatives control of some key panels. Chiu responded: “At the end of the day, we have a progressive majority on the board that will serve as a backstop” to anything bad that comes out of committees.


It was curious; it sounded almost as if Chiu was disappointed in his own assignments. Why would you need a “backstop” if the committees were good in the first place?


So I called him the next day and asked him about it. First he said he thought the commitees were balanced and it was all going to be fine. But when I asked him directly — why not appoint progressive majorities on the key committees? — he responded:


“I wish the board presidency vote hadn’t turned out the way it did.”


In other words: If the progressives had all voted for Chiu, he wouldn’t have appointed conservatives to key posts of power. Instead, some progressives voted for Avalos, and Chiu won with the votes of Carmen Chu, Scott Wiener, Sean Elsbernd and Mark Farrell (along with Kim and Mar). The payback, the deal, the whatever you want to call it, means that bad decisions will be made at Land Use and Rules and maybe in the Budget Committee, and Chiu as much as admitted that the progressive majority will have to go to unusual lengths to undo them.


I know how politics works; I know you have to dance with the ones that brung you and all that. But it would be nice if every now and then someone would do something just because it was the right thing to do, and to hell with the political consequences.


I suppose that’s too much to ask.


 

Burn this culture

0

caitlin@sfbg.com

LIT “I didn’t want to write a love letter to Burning Man.” Those words may come as a surprise out of the mouth of Guardian City Editor Steven T. Jones, who has been covering the freaky desert art festival and its year-round scene for nearly seven years in these very pages. They’re also surprising given that news of the book has already spread across the country by the vast Burning Man network: listserves, counterculture word-of-mouth, and through an important nod by the festival itself, which included a mention of Jones’ in-depth exploration of 2004-10 burner culture, The Tribes of Burning Man (Consortium of Collective Consciousness, 312 pages, $17.95) in its Jack Rabbit Speaks newsletter, which lands in 70,000 inboxes across the country.

Although Jones critiques many aspects of playa life, the book seems to be resonating with people immersed in the DIY, creativity a-go-go, Black Rock City milieu. “Man,” a burner friend told me on a recent trip to Washington, D.C. “You just don’t see books about Burning Man around these parts!” Which is kind of the point — Jones wanted to highlight a culture he says is vastly underreported yet culturally significant (and have a good time in the process). The book may be the most researched history of the festival to date, and romps through some of the biggest parties and most innovative art experiments on the playa in first person. “I was lucky to be reporting on this event at this time,” Jones says. “It was really epic stuff.”

Love the burn? Find yourself in the book’s pages — and at Jones’ series of readings all over town, he’ll be holding to celebrate its release. Hate everything it stands for? Read it and you’ll never have to go. I sat down with Jones at the newly remodeled Zeitgeist last week to learn more about the Man.

SFBG Why did you write this book?

Steven T. Jones Burning Man has been largely misunderstood and marginalized. Even those who know something about the event assume that its moment has past, that it’s “gone corporate” or otherwise lost its essential energy and appeal. Those who aren’t familiar think of it as just a festival. But it still absolutely floors newcomers, giving them what many describe as a chance to rediscover some more authentic sense of self in this strange and challenging new world. In recent years, this culture has expanded outward all over the world, a development that has begun to be even more important than the event itself to many people. It’s spawned vast social networks of creative, engaged people pursuing really interesting projects, and I’m honored to be able to tell their stories.

SFBG What initially drew you to write about Burning Man? You’re the Guardian city editor and most of your pieces are about politics.

SJ I think it’s hard to separate political culture from the counterculture. This book is probably more about San Francisco than it is about Black Rock City. Burning Man is the most significant culture to come out of San Francisco in years, especially considering its longevity and reach. I mean, some of our progressive political views have spread, but there are groups of burners in every major American city.

SFBG Who are the burners?

SJ There’s a census taken every year, so we know exact demographics on this one. There’s a wide age range and a wide cultural range in terms of ethnicities and geographic regions, and a range of how people live. There are the super-conservatives …

SFBG Really?

SJ Yeah, there are plenty of libertarians there. That’s how it was founded — the gun nuts and the freaks. Then the hippies discovered it. There’s the old hippie-punk divide at Burning Man that we see play out in San Francisco politics all the time over the last 40 years.

SFBG Throughout much of the book, you’re struggling with Burning Man’s political significance. In 2008 you even took a break in the middle of the festival to attend the Democratic National Convention and Barack Obama’s nomination. What was your final conclusion — is Burning Man important, politically speaking?

SJ It’s a good question. I wanted it to be. Larry Harvey wanted it to be, given what was going on with the rest of the country at the time. Ultimately, it just is what it is. I think it’s at least as relevant as the Tea Party — it’s got a better thought-out ethos and value system, but it doesn’t get as much press. It is a city, and the example the city offers is very relevant to the rest of the country.

SFBG Let’s say I’ve never gone to Burning Man and I’m never going to go. What does this book have for me?

SJ Burners are my main target audience, but it was important to me to make this book interesting and accessible to those who don’t go to Burning Man. I firmly ground this book in an intriguing sociopolitical moment in 2004, when the country really lost its mind. Bush was being reelected president and things were about to turn really ugly with the Iraq War and Hurricane Katrina, events that would further divide an already fractured country. I don’t think it’s an accident that the country hit its nadir just as Burning Man hit its zenith. People were desperate for authenticity, creativity, and a life-affirming way to spend their time. The most innovative and impactful cultural developments often happen on the margins, so to ignore Burning Man is to be incurious about what is animating the counterculture in San Francisco and other cities — people who will help lead this country back from this cultural desert we’re in, if that is ever going to happen.

SFBG Are you going to continue to write about burner culture as extensively as you’ve been doing?

SJ No, I think I’ll back off on it. I’ve got a few ideas for the next project — I’m fascinated by bike culture. I think it’d be fascinating to explore the international bike movement in the fashion of this book.

STEVEN T. JONES READS FROM TRIBES OF BURNING MAN

“Burning Man and the Art of Urbanism”

Tues/8 6 p.m., free for SPUR members, $20 for nonmembers

SPUR

654 Mission, SF

(415) 781-8726

www.spur.org

“Tribes of Burning Man Reading and Powwow”

Fri/11 7:30-10 p.m., $5–$20

Westerfield House

1198 Fulton, SF

Facebook: Tribes of Burning Man Reading and Powwow

Brown goes nonpartisan while Obama stays the course

6

Gov. Jerry Brown gave a brilliant State of the State speech this evening, validating those who hoped that he would have the wisdom, courage, and candor to properly frame this difficult political moment. And it was great because he abandoned tired calls for bipartisanship and opted to go straight to the people, even citing Egypt and Tunisia as cautionary examples of the peril and potential of real democracy.
Contrast that with President Barack Obama, whose White House today indicated it would plow forward with a health care reform package – crafted entirely by politicians and corporate lobbyists – that nobody really likes even after another federal judge ruled its central tenet unconstitutional and House Republicans have threatened jihad over.

Liberals never did buy into this reform after Obama abandoned single payer and even the public option compromise, and its seems conservatives and teabaggers have been whipped up into a froth over its real and imagined provisions. So Obama has some pretty thin backing to fight through the fairly reasonable ruling that the federal government can’t make it a crime not to want to be health insurance company customers.

Both Brown and Obama correctly gauge that “something is profoundly wrong,” as Brown put it. “They see that their leaders are divided when they should be decisive and acting with clear purpose.”

Obama’s solution is bipartisanship, even though Republicans seem incapable of dealing with him or the public in good faith these days. So he makes attempts at bland compromises that please nobody – from escalating war in Afghanistan with a fake exit strategy to extending jobless benefits and billionaire tax cuts – feeding the public perception that both major parties are hopelessly corrupt and ineffective.
Brown is taking a different tact: nonpartisanship. He’s crafted a bold effort at compromise that neither political party likes, but one that will probably prove reasonable to most people if sold properly (unless we are indeed incapable of self-governance at this point, a possibility the I allow and which would require solutions like breaking California up into multiple states or accepting anarchy). And hopefully creative progressive legislators will even give multiple options to the people, including increasing taxes on the richest individuals and corporations to lessen the cuts even more, as long as we’re placing our faith in the people. Hell, I don’t even mind putting a conservative package of deep cuts to government on the ballot as well, just so we can show them how unpopular the right-wing stance really is in California.
Brown doesn’t preclude the future possibilities of bipartisanship, but he also correctly says that the political gridlock is just too strong in Sacramento right now. After punting the budget to the people, maybe they can start doing old-fashioned governance again.

“But let’s not forget that Job Number 1 – make no mistake about it – is fixing our state budget and getting our spending in line with our revenue. Once we do that, the rest will be easy—at least easier because we will have learned to work together and earned back the respect and trust of the people we serve,” he closed. “I look forward to working with all of you.”

Daly’s Dive has become a progressive gathering place

36

In the three weeks since Chris Daly left the Board of Supervisors, the bar he bought – Buck Tavern, to be renamed Daly’s Dive next month – has become a popular place for progressives to commiserate and conspire with one another. And many of them plan to gather there this evening for the State of the Union speech by President Obama, who has been a disappointment to many leftists.

“The good news is for this year’s State of the Union, we have a pub, we’ll be serving the hard stuff, and the faithful might need that,” said Daly, who will be behind the bar.

Daly and allies like Aaron Peskin were an early supporters of Obama’s presidential aspirations, back in the primaries when Gavin Newsom and most of San Francisco’s political moderates were backing Hillary Clinton. So how does Daly feel about Obama now that the president has capitulated to conservatives on tax cuts for the rich, requiring all Americans to sign up with health insurance companies, and maintaining his predecessor’s approach to “fighting terrorism”?

“I can’t say that I’m disappointed because I didn’t have the same expectations other people had,” Daly said. And he maintains that supporting Obama in 2008 was the right thing to do for the country, and a smart political move for San Francisco progressives.

“Barack Obama gave us two more years in San Francisco City Hall,” Daly said, arguing that his campaign maintained the ascendancy of progressives in San Francisco and helped Sups. John Avalos and Eric Mar (and probably Board President David Chiu, although Daly didn’t mention the man he has likened to Judas for betraying the progressive movement) win close races for the Board of Supervisors and for progressives to take over the DCCC. “Obama and the campaign around him helped us very much in San Francisco in 2008.”

But like most progressives, Daly does admit that Obama hasn’t realized his potential as president. While Daly thinks health reform was important, even without a public option, “he was too quick to compromise and the rest of his agenda is in the shitter.”

And that’s likely to be a fairly mild reaction for what could be a cantankerous crowd bellying up to the bar (1655 Market St.) for tonight’s speech, which starts at 6 p.m.

Historic preservation fight at the board

3

The supervisors will hear a recommendation from the Rules Committee Jan. 25th to appoint Richard Johns to a seat on the Historic Preservation Commission. These things typically aren’t that controversial — but there will probably be a fight over this one. And it’s significant because of what it says about the new board committees appointed by board President David Chiu.


Background: The Historic Preservation Commission was created by the voters with the passage of Prop. J in 2008. Then-Sup. Aaron Peskin authored the ballot measure, which gave the panel real teeth, the ability to prevent the destruction of important pieces of local history — and mandated professional qualifications for six of the seven members. The goal: Prevent a mayor who cared nothing about preservation from appointing hacks and cronies to the board.


Seat number 4, for example, is set aside for a professional historian, someone with exensive academic background in California and Bay Area history.  As Mike Buhler, director of the San Francisco Architectural Heritage foundation, noted in a Jan. 3, 2010 letter to the Rules Committee:


The minimum professional qualifications in history are a graduate degree in history or closely related field; or a bachelor’s degree in history or closely related field plus one of the following:
1. At least two years of full-time experience in research, writing, teaching, interpretation, or other demonstrable professional activity with an academic institution, historic organization or agency, museum, or other professional institution; or
2. Substantial contribution through research and publication to the body of scholarly knowledge in the field of history.


Just before leaving office, Newsom nominated Richard Johns, a lawyer, to that seat. Johns has been active in the movement to restore the Old Mint and create a San Francisco History Museum, and he clearly has more than a passing interest in local history — but he doesn’t even remotely meet the qualifications for this seat.


He also happens to be married to Eleanor Johns, who was chief of staff to Mayor Willie Brown.


Johns has done some good volunteer work, but according to Peskin, he’s a perfect case study in what Prop. J was supposed to prevent. “We wrote the measure to ensure high professional standards and qualifications for each seat,” Peskin told me. “If they can get away with this, the voters got bamboozled.”


Or, as Robert Cherny, an eminent professor and historian at San Francisco state, noted in a Jan. 17 letter to the commitee:


I am concerned that this nomination will set a precedent that the professional qualifications established by the charter can be ignored if a mayor wishes to do so.


The other problem with Johns became clear in his Jan. 20 testimony to the committee, when he talked about the important of the need for change and growth in San Francisco — key words that anyone who has followed local politics knows are the mantra of developers who want to get rid of historic landmarks.


I asked Sup. David Campos, who was on the previous Rules Committee, about Johns’ qualifications, and he told me that you could make a strictly legal argument either way; the charter language could be interpreted by a court to allow Johns to slide in. But he also said he didn’t support the nomination. “I had to ask,” he told me, “is this the best we can do?”


Good point — this is a city full of professional historians. Is Richard Johns the best we can do?


The current Rules Committee — with two conservatives (Mark Farrell and Sean Elsbernd) and one progressive (the chair, Jane Kim), apparently thought so. His nomination was approved unanimously.


It’s only one seat on one commission, but the precedent is important: You can’t set professional standards for commissions then let the mayor ignore them an appoint his political allies. And historic preservation is under attack in the city: Sup. Scott Wiener just announced that he’s calling for a hearing on how the city’s “prioritization of historic preservation is impacting, and possibly undermining, other key policy objectives.” In a press statement, he complained about too many things having to go through the Historic Preservation Commission.


Most nominations that get approval at Rules slide right through the full board. That’s the problem with a Rules Committe stacked with conservative, pro-development supervisors.


In this case, though, we can expect a bit of a fuss. I know the progressives on the board won’t be unanimous in approving Richard Johns. 

SF’s new political era

31

news@sfbg.com

You can argue about what the word “progressive” means, and you can argue about the process and the politics that put Ed Lee in the Mayor’s Office. And you can talk forever about which group or faction has how much of a majority on the San Francisco Board of Supervisors, but you have to admit: this city has just undergone a significant political realignment.

Some of that was inevitable. The last members of the class of 2000, the supervisors who were elected in a rebellion against the sleaze, corruption, and runaway development policies of the Willie Brown administration, have left office. Gavin Newsom, the mayor who was often at war with the board and who encouraged a spirit of rancor and partisanship, is finally off to Sacramento. For the first time since 1978, the supervisors will be working with a mayor they chose themselves.

For much of the past 15 years, progressive politics was as much about stopping bad things — preventing Brown and then Newsom from wrecking the city — as it was about promoting good things. But the “politics of anti,” as San Francisco State political scientist Rich DeLeon describes is, wasn’t a central theme in the November elections, and this generation of supervisors comes into office with a different agenda.

Besides, one of the clear divisions on the board the past seven years was the Newsom allies against the progressives — something that dissipated instantly when Lee took over.

But the realignment goes deeper.

Until recently, the progressives on the board had a working majority — a caucus, so to speak — and they tended to vote together much of the time. The lines on the board were drawn almost entirely by what Newsom disparagingly calls ideology but could more accurately be described as a shared set of political values, a shared urban agenda.

There are still six supervisors who call themselves progressives, but the idea that they’ll stick together was shattered in the battle over a new mayor — and the notion that there’s anything like a progressive caucus died with Board President David Chiu’s election (his majority came in part from the conservative side, with three progressives opposing him) and with Chiu’s new committee assignments, which for the first time in a decade put control of key assignments in the hands of the fiscal conservatives.

 

A PROGRESSIVE MAJORITY?

The progressive bloc on the board was never monolithic. There were always disagreements and fractures. And, thanks to the Brown Act, the progressives don’t actually meet outside of the formal board sessions. But it was fair and accurate to say that, most of the time, the six members of the board majority functioned almost as a political party, working together on issues and counting on each other for key votes. There was, for example, a dispute two years ago over the board presidency — but in the end, Chiu was elected with exactly six votes, all from the progressive majority that came together in the end.

That all started to fall apart the minute the board was faced with the prospect of choosing a new mayor. For one thing, the progressives couldn’t agree on a strategy — should they look for someone who would seek reelection in November, or try to find an acceptable interim mayor? The rules that barred supervisors from voting for themselves made it more tricky; six votes were not enough to elect any of the existing members. And, not surprisingly, some of the progressives had mayoral ambitions themselves.

When state Assemblymember Tom Ammiano — who would have had six votes easily — took himself out of the running, there was no other obvious progressive candidate. And with no other obvious candidate, and little opportunity for open discussion, the progressives couldn’t come to an agreement.

But by the Jan. 4 board meeting, five of the six had coalesced around Sheriff Mike Hennessey. Chiu, however, was supporting Ed Lee, someone he had known and worked with in the Asian community and whom he considered a progressive candidate. And once it became clear that Lee was headed toward victory, Sup. Eric Mar announced that he, too, would be in Lee’s camp.

A few days later, when the new board convened to choose a president, the progressive solidarity was gone. Sups. David Campos, John Avalos, and Ross Mirkarimi, now the solid left wing of the board, voted for Avalos. Chiu won with the support of Mar, Sup. Jane Kim, and the moderate-to-conservative flank.

Now the Budget Committee — long controlled by a progressive chair and a progressive majority — will be led by Carmen Chu, who is among the most fiscally conservative board members. The Land Use and Development Committee will be chaired by Mar, but two of the three members are from the moderate side. Same goes for Rules, where Sup. Sean Elsbernd, for years the most conservative board member, will work with ideological ally Sup. Mark Farrell on confirming mayoral appointments, redrawing supervisorial districts, and promoting or blocking charter amendments as Kim, the chair, does her best to contain the damage.

You can argue that having independent-minded supervisors who don’t vote as a caucus is a good thing. You can also argue that a fractured left will never win against a united downtown. And both arguments have merit.

But you can’t argue any more that the board has the same sort of progressive majority it’s had for the past 10 years. That’s over. It’s a new — and different — political era.

What happens now? Will the progressives hold enough votes to have an influence on the city budget (and ensure that the deficit solutions include new revenue and not just cuts)? What legislative priorities will the supervisors be pushing in the next year? How will the votes shake out on difficult new proposals (and ongoing issues like community choice aggregation)?

Mayor Lee has pledged to work with the board and will show up for monthly questions. How will he respond to the sorts of progressive legislation — like tenant protections, transit-first policies, immigrant rights measures, and stronger affordable housing standards — that Newsom routinely vetoed?

How will this all play out in a year when the city will also be electing a new mayor?

 

IDENTITY POLITICS?

When Sups. Chiu, Mar, and Kim broke with their three progressive colleagues to support Chiu for board president — just as Chiu and Mar helped clear the path for Ed Lee to become mayor days earlier — it seemed to many political observers that identity had trumped ideology on the board. There’s some truth to that observation, but it’s too simple an explanation. There’s also the fact that Chiu strongly supported Kim, who is a personal friend and former roommate, in her election, so it’s no surprise she went with him for board president.

And the phrase itself is so laden with baggage and problems that it’s hard to talk about. It has come to signify a wide range of political activity and theorizing founded in the shared experiences of injustice of members of certain social groups. “Rather than organizing solely around belief systems, programmatic manifestoes, or party affiliation, identity political formations typically aim to secure the political freedom of a specific constituency marginalized within its larger context,” says the Stanford Encyclopedia of Philosophy, an ongoing research project by the students and faculty at Stanford University.

Although the notion of identity politics took hold during the social movements of the 1960s and ’70s — when liberation and organizing movements among women and various ethic and other identity groups fed a larger liberal democratic surge that targeted war, economic inequity, social injustice, and other issues — it’s also a political approach that has divided the populace.

“One of the central charges against identity politics by liberals, among others, has been its alleged reliance on notions of sameness to justify political mobilization,” says the Stanford Encyclopedia. “Looking for people who are like you rather than who share your political values as allies runs the risk of sidelining critical political analysis of complex social locations and ghettoizing members of social groups as the only persons capable of making or understanding claims to justice.”

Mar explains that the reality of identity politics and whether it’s a factor in the current politics at City Hall is far more complex.

“With me, David Chiu, and Jane Kim as a block of three progressive Asians — and I still define David Chiu as a progressive though I think some are questioning that — we all come out of what I would call a pro-housing justice, transit-first, and environmental sustainability [mindset],” Mar told us. “But I think because of our ethnic background and experiences, we may have different perspectives at times than other progressives.”

For example, Mar said, many working class families of color need to drive a car so they’ll differ from progressives who want to limit parking spaces to discourage driving. He also has reservations about the proposed congestion pricing fee and how it might affect low-income drivers.\

“I think often when progressive people of color come into office — Jane Kim might be one of the best examples — that sometimes there’s an assumption that her issues are going to be the same as a white progressive or a Latino progressive,” he said. “But I think kind of the different identities that we all have mean that we’re more complex.”

Campos, a Latino immigrant who is openly gay, noted that “as a progressive person of color, I have at times felt that the progressive movement didn’t recognize the importance of identity politics and what it means for me to have another person of color in power.”

But, he added, “I don’t think identity politics alone should guide what happens. A progressive agenda isn’t just about race but class, sexual orientation, and other things. It’s not enough to say that identity politics justifies everything.”

University of San Francisco political science professor Corey Cook told the Guardian that identity has always been a strong factor in San Francisco politics, even if it was overshadowed by the political realignment around progressive ideology that occurred in 2000, mostly as a reaction to an economic agenda based on rapid development and political cronyism.

“I’m not sure that identity wasn’t relevant, but it was swamped by ideology,” Cook told the Guardian. Now, he said, another political realignment seems to be occurring, one that downplays ideology compared to the position it has held for the last 10 years. “I’m not sure that ideology is dead. But the dynamics have definitely changed.”

Cook sees what may be a more important change reflected in Chiu’s decision to put the political moderates in control of key board committees. But he said that shift was probably inevitable given the difficulties of unifying the diverse progressive constituencies.

“It’s hard to hold a progressive coalition together, and it’s amazing that it has lasted this long,” he said.

There’s another kind of identity politics at play as well — that of native San Franciscans, who often express resentment at progressive newcomers talking about what kind of city this is, versus those who see San Francisco as a city of immigrants and ideas, a place being shaped by a wider constituency than the old-timers like to acknowledge.

“I’m honored to join Sups. Elsbernd and Cohen in representing the neighborhoods they grew up in,” Sup. Mark Farrell said during his opening remarks after being sworn in Jan. 8., sobbing when he thanked his parents for their support.

As he continued, he fed the criticism of the notion of ideology-based politics that has been a popular trope with Gavin Newsom and other fiscal conservatives in recent years, telling the crowd he wanted “to turn City Hall into a place based on issues and ideas, not ideology.”

Cohen also placed more importance on her birthright than on her political philosophy, telling stories about entering board chambers through the back door at age 16 when she was part of a youth program created by then-Mayor Frank Jordan, and with former Mayor Dianne Feinstein coming to speak at Cohen’s third-grade class. “I am a San Francisco native, and that is a responsibility I take seriously,” said Cohen, who graduated from the Emerge Program, which grooms women for political office,

“We will have another woman as president of the Board of Supervisors, and we will have a woman as mayor of San Francisco,” she added. And as the sole African American on the board, she also pledged, “I will be working to add more members of the African American community to the elected family of San Francisco.”

But what issues she plans to focus on and what values she’ll represent were unclear in her comments — as they were throughout her campaign, despite the efforts of journalists and activists to discern her political philosophy. In her public comments, her only stated goal was to build bridges between the community and City Hall and let decisions be guided by the people “not political ideologies.”

Oftentimes in recent San Francisco history, identity and ideology have worked in concert, as they did with former Sup. Harvey Milk, who broke barriers as the first openly gay elected official, but who also championed a broad progressive agenda that included tenants rights, protecting civil liberties, and creating more parks and public spaces.

Sup. Scott Wiener, shortly after being sworn into office, acknowledged the legacy of his district, which was once represented by Milk and fellow gay progressive leader Harry Britt, telling the crowd: “I’m keenly aware of the leadership that has come through this district and I have huge shoes to fill.”

Yet Wiener, a moderate, comes from a different ideological camp than Milk and Britt and he echoed the board’s new mantra of collaboration and compromise. “I will always try to find common ground. There is always common ground,” he said.

 

GETTING THINGS DONE?

Chiu is making a clear effort to break with the past, and has been critical of some progressive leaders. “I think it’s important that we do not have a small group of progressive leaders who are dictating to the rest of the progressive community what is progressive,” he said.

While he didn’t single out former Sup. Chris Daly by name, he does seem to be trying to repudiate Daly’s leadership style. “I think that while the progressive left and the progressive community leaders have had very significant accomplishments over the past 10 years, I do think that there are many times when our oppositional tactics have set us back.”

When Chiu was reelected board president, he told the crowd that “none of us were voted into office to take positions. We were voted into office to get things done.”

Some progressives were not at all happy with that comment. “I thought that was a terrible thing to say,” Avalos told the Guardian, arguing the positions that elected officials take shape the legislation that follows. As an example, he cited the positions that progressive members of Congress took in favor of the public option during the health care reform debate.

Talking about getting things done is “a sanctimonious talking point that fits well with what the Chronicle and big papers want to hear,” Avalos said. He said the Chronicle and other downtown interests are more interested in preserving the status quo and blocking progressive reforms. “It’s what they want to see not get done.”

Campos even challenged the comment publicly during the Jan. 11 board meeting when he said, “It’s important to get things done, but I don’t think getting things done is enough. We have to ask ourselves: what is it that we’re getting done? How is it that we’re getting things done? And for whom is it that we’re doing what we’re doing? Is it for the people, or the downtown corporate interests? I hope it’s not getting things done behind closed doors.”

Chiu said that, for him, getting things done is about expanding the progressive movement and consolidating its recent gains. “I think we all share a political goal. As progressives, we all share a political goal of getting things done and growing mainstream support for our shared progressive principles so that they really become the values of our entire city.”

To do that, he said, progressives are going to need to be more conciliatory and cooperative than they’ve been in the past. “I think it’s easy to slip into a more oppositional way of discussing progressive values, but I’m really pushing to move beyond that.”

The biggest single issue this spring will be the budget — and it’s hard to know exactly where the board president will draw his lines. “I have spoken to Mayor Lee about the need for open, transparent, and community-based budget processes and he’s open to that,” Chiu told us — and that alone would be a huge change. But the key progressive priority for the spring will be finding ways to avoid brutal budget cuts — and that means looking for new revenue.

When asked whether new general revenue will be a part of the budget solution, instead of Newsom’s Republican-style cuts-only approaches, Chiu was cautious. “I am open to considering revenues as part of the overall set of solutions to close the budget deficit,” he said. “I am willing to be one elected here that will try to make that argument.” But with his political clout and connections right now, he can do a lot more than be one person making an argument.

Chiu has always been open to new revenue solutions and even led the way in challenging the cuts-only approach to both the city budget and MTA budget two years in a row, only to back down in the end and cut a deal with Newsom. When asked whether things will be better this year given his closer relationship to Lee, Chiu replied, “I think things are going to be different in the coming months.”

During the board’s Jan. 7 deliberation on Lee, Sup. Eric Mar also said that based on his communications with Lee, Mar believed that the Mayor’s Office is open to supporting new revenue measures. He echoed the point later to us.

In addition to supporting the open, inclusive budget process, Mar called for “a humane budget that protects the safety net and services to the most vulnerable people in San Francisco is kind of the critical, top priority.

“I think it’s going to be difficult working with the different forces in the budget process,” he added. “That’s why I wish it could have been a progressive who was chairing the budget process.”

Mar said progressive activism on the budget process is needed now more than ever. “The Budget Justice Coalition from last year I think has to be reenergized so that so many groups are not competing for their own piece of the pie, but that it’s more of a for-all, share-the-pain budget with as many people communicating from outside as possible, putting the pressure on the mayor and the board to make sure that the critical safety net’s protected.”

 

CUTS WILL BE CENTER STAGE

But major cuts — and the issue of city employees pay and benefits — will also be center stage.

At the board’s Jan. 11 meeting, before the supervisors voted unanimously to nominate Lee as interim mayor, Sup. Elsbernd signaled that city workers’ retirement and health benefits will once again be at the center of the fight to balance the budget.

Elsbernd noted that in past years he was accused of exaggerating the negative impacts that city employees’ benefits have on the city’s budget. “But rather than being inflated, they were deflated,” Elsbernd said, noting that benefits will soon consume 18.14 percent of payroll and will account for 26 percent in three years.

“Does the budget deficit include this amount?” he asked.

And at the after-party that followed Lee’s swearing-in, Public Defender Jeff Adachi, who caused a furor last fall when he launched the ill-considered Measure B, which sought to reform workers’ benefits packages, told us he is not one to give up lightly.

“We learned a lot from that,” Adachi said. “This is still the huge elephant in City Hall. The city’s pension liability just went up another 1 percent, which is another $30 million”

Chu agreed that worker benefits would be a central part of the budget-balancing debate. “Any conversation about the long-term future of San Francisco’s budget has to look at the reality of where the bulk of our spending is,” she said.

Avalos noted that he plans to talk to labor and community based organizations about ways to increase city revenue. “I’m going to work behind the scene on the budget to make sure the communities are well-spoken for,” Avalos said, later adding, “But it’s hard, given that we need a two-thirds majority to pass stuff on the ballot.”

Last year, Avalos helped put two measures on the ballot to increase revenue: Prop. J, which sought to close loopholes in the city’s current hotel tax and asked visitors to pay a slightly higher hotel tax (about $3 a night) for three years, and Prop. N, the real property transfer tax that slightly increased the tax charged by the city on the sale of property worth more than $5 million.

Prop. N should raise $45 million, Avalos said. “I’ve always had my sights set on raising revenue, but making cuts is inevitable.”

 

THE IDEOLOGY ARGUMENT

Newsom and his allies loved to use “ideology” as a term of disparagement, a way to paint progressives as crazies driven by some sort of Commie-plot secret agenda. But there’s nothing wrong with ideology; Newsom’s fiscal conservative stance and his vow not to raise taxes were ideologies, too. The moderate positions some of the more centrist board members take stem from a basic ideology. Wiener, for example, told us that he thinks that in tough economic times, local government should do less but do it better. That’s a clear, consistent ideology.

For much of the past decade, the defining characteristic of the progressives on the board has been a loosely shared urban ideology supported by tenants, immigrant-rights groups, queer and labor activists, environmentalists, preservationists, supporters of public power and sunshine and foes of big corporate consolidation and economic power. Diversity and inclusiveness was part of that ideology, but it went beyond any one political interest or identity group.

It was often about fighting — against corruption and big-business hegemony and for economic and social equality. The progressive agenda started from the position that city government under Brown and Newsom had been going in the wrong direction and that substantive change was necessary. And sometimes, up against powerful mayors and their well-heeled backers, being polite and accommodating and seeking common ground didn’t work.

As outgoing Sup. Daly put it at his final meeting: “I’ve seen go-along to get along. If you want to do more than that, if you think there’s a fundamental problem with the way things are in this world, then go-along to get along doesn’t do it.” When Chiu announced that the new progressive politics is one of pragmatism, he was making a break from that ideology. He was signaling a different kind of politics. He has urged us to be optimistic about the new year — but we still don’t know what the new agenda will look like, how it will be defined, or at what point Chiu and his allies will say they’ve compromised and reached out enough and are ready to take a strong, even oppositional, stand. We do know the outcome will affect the lives of a lot of San Franciscans. And when the budget decisions start rolling down the pike, the political lines will be drawn fairly clearly. Because reaching across the aisle and working together sounds great in theory — but in practice, there is nothing even resembling a consensus on the board about how the city’s most serious problems should be resolved. And there are some ugly battles ahead.

Chiu stiffs progressives on key committee appointments

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Belying his repeated claims to being part of the progressive movement, Board of Supervisors President David Chiu has ousted his progressive colleagues from key leadership positions on board committees, placing fiscal conservatives into the chairs and majorities on the three most important committees and giving downtown interests more control over city legislation and projects than they’ve had in a decade.

Most notably, the chair of the Budget & Finance Committee was taken away from Sup. John Avalos – who challenged Chiu for the board presidency on Saturday – and given to Sup. Carmen Chu. While Chu did work on budget issues as a staffer in the Mayor’s Office before being appointed supervisor, which Chiu cited in support of his decision, she has consistently voted with the three-member minority of fiscal conservatives throughout her tenure as supervisor, opposing even the most widely accepted revenue proposals and progressive initiatives.

Chiu also placed himself in the swing vote role on that committee, naming Sups. Ross Mirkarimi and Jane Kim as the permanent committee members and Scott Wiener and himself as the temporary members who serve on the committee from March 1 through budget season. Asked if that was intentional, Chiu told us, “Sure was.” With the city facing a budget deficit of almost $400 million after seven years of budget deficits that were closed almost entirely through service cuts and fee increases – rather than general revenue increases targeted at the city’s richest individuals and corporations – the committee will be a key battleground between progressives and fiscal conservatives this year.

“The makeup of the committee reflects a real need for collaboration at this time of transition,” Chiu said of the Budget Committee. But Sup. David Campos was among the many progressives calling the committee assignments a major political realignment, telling us, “I don’t see how you can look at the committee assignments and not see some kind of realignment. The progressives are no longer in control of the key committees.” Avalos called it, “the price of moderates voting for Chiu.”

Also disappointing to progressives were Chiu’s choices for the Rules and Land Use committees. On the Rules Committee, which confirms mayoral appointments, approves the placement of charter amendments on the ballot, and will play a big role this year in approving the redrawing of supervisorial districts in the wake of the 2010 Census, Chiu named Kim and Sups. Sean Elsbernd and Mark Farrell, the latter two childhood buddies who represent the city’s two most conservative districts.

The committee takes the lead role in proposing the board’s three appointees to a task force that will draw the new legislative lines, as well as reviewing the other six appointees (three each from the Mayor’s Office and Elections Commission) and approving the plan that the task force produces. Downtown groups are expected to use the opportunity to negate the gains progressives have made in electing supervisors, probably in collaboration with Elsbernd and Farrell, a venture capitalist new to politics.

“Sean and Mark understand that if they push things through Rules that are outside the mainstream of who the board is, I expect that the full board will stop them,” Chiu told us. He also emphasized that Kim is chairing the committee, a role that can influence what items the committee considers: “On Rules, Sup. Kim will set the agenda there.”

Chiu sounded a similar rationale in defending a makeup on the Land Use & Economic Development Committee, to which he named new Sups. Scott Wiener and Malia Cohen – who were backed by development interests and opposed by tenant groups in last year’s election – along with Sup. Eric Mar as chair.

“With Eric at the helm, he will do a very good job at fighting for neighborhoods, tenants, and other interests,” Chiu said. But Avalos noted that Mar will have his hands full trying to manage a high-stakes, high-profile agenda with little help from his colleagues. “There’s a lot on Eric Mar’s shoulders. It’s his coming of age moment and he’ll have to step up big time to run that committee,” Avalos said.

Avalos said he was disappointed to be removed from the Budget Committee after working on it for eight of the last 10 years, first as Sup. Chris Daly’s legislative aide and then as a supervisor. “But I’m going to work behind the scene on the budget to make sure the communities are well-spoken for,” he said.

Chiu said he has gotten assurances from both Chu and Mayor Ed Lee “about the need for an open, transparent, and community-based budget process.” Carmen Chu echoed the point, telling us, “My hope is that this year the budget is going to be a very collaborative and open process.”

But on the need for need for revenue solutions, which Avalos has said are vital, David Chiu only went this far: “I am open to considering revenues as part of the overall set of solutions to close the budget deficit.” And Carmen Chu wouldn’t even go that far.

“At the end of the day, we need to take into account the context of the state budget, in terms of new cuts and taxes, because anything we do will be on top of the state level,” she told us, adding this about the revenue measures that she opposed last year, “We need to ask who do these measures really impact.”

For progressives, the only bright spots in the committee appointments were Avalos chairing the City Operations & Neighborhood Services Committees, with Mar and Elsbernd also serving; and Sup. Ross Mirkarimi chairing the Public Safety Committee, with Cohen and Campos on it as well.

“I told people I was going to be fair in committee assignments and I have been,” Chiu said.

Sarah Phelan and Tim Redmond contributed to this report.

About pragmatism

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I want to say a word about pragmatism, about Sup. David Chiu’s contention that “we were voted into office to get things done.” 


I’ll all for pragmatism. I’ve even for compromise sometimes. And I’m certainly in favor of getting things done. But just for a moment, I want to take a step back and remember what Chris Daly (who was actually quite good at getting things done) said during his final board meeting:


“I’ve seen go along to get along. If you want to do more than that, if you think there’s a fundamental problem with the way things are in this world, then go along to get along doesn’t do it.”


Daly’s tactics weren’t always terribly helpful. And working with people who don’t always agree with you doesn’t necessarily mean “going along to get along.” But I share Daly’s basic premise: There are fundamental problemws with the way things are in this city, and “getting things done” has to be about changing the situation. It’s not enough to keep the lights on and the cogs spinning; the city under Mayor Newsom went in the wrong direction, and the new administration has to take a new path.


Civility is good, as far as it goes. Reaching across the aisle and forming a progressive-centrist alliance, as Paul Hogarth suggests, can be useful. But President Obama quickly learned the dangers of an obesssion with bipartisanship, and while we all try to work together, we have to remember: The financial interests that supported Newsom and the conservatives on the Board of Supervisors don’t want to compromise on the big issues. They don’t want substantive change. They want to win, on their terms. And sometimes you just have to fight back.


So the question for 2011 is this: How much is David Chiu a fighter who is willing to use his substantial political capital to push for a progressive agenda? At what point will he say, gee, love working with all of you but some things are right and some things are wrong and there really are two opposing visions of this city and only one of them can win?


I remain the optimist, as always. But naming Carmen Chu, who is strongly opposed to taxes and is one of the most fiscally conservative members of the board, as Budget Committe chair, is enough to make me nervous. 

Chinese community out in force for Lee

5

Well, Rose Pak promised a big demonstration and she’s got one: City Hall is mobbed with Ed Lee supporters pushing the supervisors to vote for the city’s first Asian mayor. Lee is still out of town, so he can’t answer questions, although he’s talked to several supervisors by phone. One said he seemed a little overwhelmed by all of this; he wasn’t even sure he wanted the job until Pak and Willie Brown talked him into it.


The revelations that the vote for Lee was a backroom deal orchestrated by Pak and Willie Brown (and from years of Brown watching, I can you this was a classic Brown move) will put Lee supporters like David Chiu and Eric Mar in a tough situation. Aaron Peskin, former supervisor, wasn’t mincing words when I talked to him jost before the meeting started:


“This is no so much about left and right, it’s about democracy and how power is transitioned,” he said. “This is disgusting, not because Ed Lee is or isn’t left or right or a progressive or a liberal. This is about the politics of power, and conservatives and moderates should be just as revolted as anyone.”


Meanwhile, my old friend Rev. Norman Fong, a leading Chinatown progressive, says he supports Ed Lee, as do a lot of progressives in the Asian communtity. I get that, and he’s a decent guy with a good history as a civil rights and housing lawyer, and he might even be a decent mayor. But this process stinks. There’s no other way to put it.

SFBG Radio: Are conservatives brain damaged?

3

Well, maybe not damaged — but Johnny talks about the new evidence that the brains of right wingers are different from those of other people. You can listen after the jump.

sfbg.com172010 by endorsements2010

Chiu rejects DA job and defends his support for Lee

22

Amid speculation that he was angling to be appointed district attorney – and questions about whether that goal influenced his support for Ed Lee to be named interim mayor – Board of Supervisors President David Chiu has issued a press release announcing that he’s withdrawing from consideration for the DA’s job.

“Right now my strong belief is that I can best serve San Francisco from City Hall. The challenges ahead of us will require a new level of collaboration between our elected leaders—many of them new to office—and all San Franciscans who care about the future of our incredibly diverse and inclusive City,” Chiu said in the prepared statement, thanking Mayor Gavin Newsom and Attorney General Kamala Harris for their consideration and for recent meetings with Chiu on the appointment.

When I spoke with Chiu yesterday afternoon, he said that he was leaning against taking the job, partly out of concern that Newsom would replace him with a fiscal conservative like Joe Alioto Jr. “I would not want to leave my seat to someone whose perspective on issues is drastically different than mine,” Chiu told me.

He also strongly emphasized that there was no connection at all between his discussion with Newsom over the DA appointment and with Chiu’s pivotal support for Lee, and Chiu said Newsom did not raise the issue during their conversations. On Tuesday, Chiu broke with his progressive colleagues to be the sixth vote in favor of Lee.

Chiu said that he has long been supportive of Lee and Chiu disagrees with the assertion that Lee is a less progressive pick than Sheriff Michael Hennessey, who had the support of five progressive supervisors. “He’s someone who has tremendous progressive roots,” Chiu said of Lee, noting that Chinese-American progressives have long considered him one of their own. “We have been working with Ed Lee for years and we know where his heart is.”

Chiu argued that Lee is experienced in a broad range of city functions and issues while Hennessey’s knowledge of city government issues is limited mainly to law enforcement. While the strong and sudden support for Lee among fiscal conservatives has been worrisome to many progressives, Chiu noted that “unfortunately, the moderates are far more disciplined than we are on the progressive side.”

“We have many competing and diverse constituencies that led us to be unable to get to consensus around one candidate,” Chiu said.

The current Board of Supervisors will convene for a final time at 3 p.m. tomorrow to vote on Lee after progressive supervisors successfully pushed for a delay in the vote on Tuesday. In addition to Chiu and the five supervisors to his ideological right, Sup. Eric Mar has announced that he will also support Lee, and Sups. John Avalos and David Campos said they are open to backing Lee after they get the chance to speak with him.

Hennessey, Lee and change

8

I’m not surprised that Randy Shaw is defending Ed Lee and arguing that either Lee or Mike Hennessey would be fine as interim mayor:


Ed Lee is not Gavin Newsom. Lee has dedicated his life to public service, spent years as a poverty lawyer, and has proved an outstanding administrator over the past two decades.


Shaw worked with Lee way back in the 1980s, when they were both young, underpaid lawyers doing housing work for some of the poorest San Franciscans. Both of them were doing crucial work that nobody else would handle; both of them were making San Francisco a better place. While I sometimes disagree with Shaw (and he seems to be all about attacking the Guardian these days) we have been close allies over the years on almost all the issues that matter. And I’m not going to attack Ed Lee or suggest that he’s forgotten his roots in immigrant rights and poverty law.


Here’s what I will say: If Ed Lee is interim mayor, you can expect very little change in Room 200. There’s a reason that Newsom wants Lee in office, and it’s not that he was a great progressive lawyer once. Newsom (and Sean Elsbernd, who nominated Lee) don’t want to see the mayor’s staff infrastructure — the people really running the city — dismantled. They don’t want any real changes in how business is done — and how the budget is addressed — from the way things worked the past seven years.


Lee hasn’t survived (and thrived) under so many different mayors by rocking the boat. He would be a cautious administrator who, I suspect, would avoid anything controversial (like tax increases on the wealthy or big cuts in the bloated Fire Department). Ed Lee is not Gavin Newsom — but his staff will be Gavin Newsom’s staff and, through the inertia that is San Francisco bureaucracy, not much will change in the next 11 months.


That’s what the conservatives on the board want, and I understand that. I don’t think Hennessey would make dramatic changes, either — the whole idea of a caretaker mayor is that the person who fills out Newsom’s term won’t try to put his own stamp on city government. (And let’s remember, Hennessey sided with Newsom on privatizing jail health services) But I think Hennessey would bring some new blood into the office and would be more likely to consider an approach to the budget that differs significantly from what Newsom has offered.


Everyone agrees that Lee is a smart, competent manager; that’s why he won unanimous approval as the City Administrator, an office that doesn’t involve major policy initiatives. So if you think things are basically okay in San Francisco, and you don’t want any major policy shifts out of the Mayor’s Office until after the next election, Ed Lee will do a fine job for you. That’s not demonizing him; that’s just explaining the reality here.


Me, I don’t think things are okay in this city at all. I’m looking for dramatic, profound, radical change in the next mayor. I’m not going to get it from either of these interim candidates, but after talking to Hennessey, I think if the supervisors pushed for a better, more progressive budget, he’d go along. I’m not so sure about Lee. And the fact that Newsom and every member of the conservative wing of the board wants Lee over Hennessey says something to me. These people aren’t fools; they don’t want any surprises. That’s why they’re making this move.


I’ve been wrong before. Hope I’m wrong this time. Maybe Mayor Ed Lee will support $250 million worth of new revenue measures, like a city income tax and a business tax overhaul that makes the biggest companies pay more. But if that was part of his agenda, I suspect Elsbernd and Newsom would have a clue — and then he wouldn’t be their choice.


 


 

Backroom Ed Lee mayoral deal raises suspicions

11

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

The problem with Ed Lee

3

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

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

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

 

Maybe bankruptcy would save California

54

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


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


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


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


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


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


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