David Campos

Sunset solar project moves forward

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By Tim Redmond

The Examiner claims the Sunset Reservoir solar project has run into problems, but actually, the supervisors Budget Committee sent it forward to the full board yesterday on a 2-1 vote. That means the board will vote on it this Tuesday.

I’ve got problems with the project — I’m not sure it’s a good idea to sign a long-term contract with a private company to do something the city ought to be able to do itself. And I have a suspicion that 15 years from now we’ll look back at this as a bad deal.

At the very least, the city ought to take the position that it intends to exercise its right to buy the plant in seven years. But it’s going to be harder to amend language like that into the contract at the full board.

Interestingly, Sup. Ross Mirkarimi, who sits on the Budget Committee, has been opposed to the current deal and wants it amended; he asked the chair, Sup. John Avalos, to continue the item, since Mirkarimi, whose son was born Tuesday, was a bit distracted this week. Avalos got Sup. David Campos, who is also a critic of the project, to take Mirkarimi’s seat for the hearing.

But when the vote came down, Avalos voted to send the matter forward without a recommendation. “The room was full of people who had come to speak on this, and I didn’t want to send them away thinking we’d just continued it,” Avalos told me. “I thought we should act on it.”

Avalos said he’s not gung-ho on the deal, but is a “soft supporter.” He promised that he would look at it again at Tuesday’s board meeting and consider resending it to commitee.

That’s what ought to happen — there are two many issues on this to just approve it without more discussion and amendments.

Slow down the solar project

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EDITORIAL The concept is so good it’s hard to imagine why anyone would criticize it: the San Francisco Public Utilities Commission wants to cover the Sunset Reservoir with solar panels, creating the largest municipal solar generating project in the country. The money would come from existing SFPUC revenue — no new taxpayer dollars. The Sierra Club loves the idea, and Mayor Gavin Newsom is pushing it.

We agree that the reservoir is a perfect place for a solar project, and that the city ought to be pursuing this.

But the structure of the deal makes us uncomfortable — and the financing shows a serious flaw in how federal money for renewable energy is allocated.

Under the terms of the proposal, a private company, Recurrent Energy, would finance and build the plant at a cost of perhaps $40 million. The facility would have the capacity to generate 5 MW of electricity, enough to power 2,500 houses. The city, in turn, would agree to buy that power for the next 25 years, at about 23.5 cents per kilowatt hour — far more than the current market rate for electricity but less than what other cities have agreed to pay for long-term solar contracts.

The city would have an option to buy the plant from Recurrent after seven years for $33 million.

The good news is that this would be a public-power project — the city would own the electricity and could use it to power public buildings and eventually, once the community choice aggregation (CCA) system is running, could sell it as retail power to residents and businesses.

But Sups. Ross Mirkarimi and David Campos have asked the obvious question: Why is a private company even involved? Why can’t the city build the solar generating station itself? The CPUC’s answer: It’s cheaper to let Recurrent do the work — because the private outfit will get a $12 million tax break from the federal government.

That’s a serious problem — why is the Obama administration giving tax breaks for private projects that aren’t available to cities? "What we should be looking at is why San Francisco, with all its clout in Washington, can’t get that same sort of subsidy for a public project," Campos told us.

Or as Mirkarimi put it: "This only makes sense to me if there’s some guarantee that the city will actually buy the plant in seven years. Otherwise we’re going to look back at this in year 15 and realize it’s not such a good deal."

The city’s energy future is very much up in the air right now — CCA is on the cusp of viability, there’s still an active public-power movement, and it’s very hard to say what the city’s needs will be (or what the price of solar energy will be) 10 years from now, much less 25. So we’re very nervous about signing a contract of that length with a private company.

Yes, the Recurrent deal offers solar now — and that’s important. But the supervisors shouldn’t rush this through. At the very least, they should pass a resolution asking House Speaker Nancy Pelosi to seek to direct the same subsidies that private companies can get to public solar projects — and to delay a final vote on this until there’s a better analysis of why a private company should be given a long-term contract for what ought to be a public project. *

Uncivil unions

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steve@sfbg.com

Who really cares about an appointment to the Golden Gate Bridge, Highway and Transportation District Board of Directors? There isn’t a delicate balance of power on the board or any major initiative at stake in this fairly obscure district. San Francisco certainly has more pressing issues and concerns.

Yet the Board of Supervisors’ April 14 vote to reject Larry Mazzola Jr. and select Dave Snyder for that board says more about San Francisco’s political dynamics, the state of the American labor movement, the psychological impact of the recession, how the city will grow, and the possibilities and pitfalls facing the board’s new progressive majority than any in recent memory.

It was a vote that meant nothing and everything at the same time, a complex and telling story of brinksmanship in which both sides of the progressive movement arguably lost. And it was a vote that came at a time when they need each other more than ever.

"It was a win for the Newsom-oriented elements of labor," Sup. Chris Daly, who helped spark the conflict, told the Guardian.

The bloc of six progressive supervisors who shot down Mazzola — who helps run the powerful plumbers union and was the San Francisco Labor Council’s unwavering choice for an appointment that has traditionally been labor’s seat on the bridge board — is the same bloc the unions helped elected last year. It is also the same bloc that has been fighting the hardest to minimize budget-related layoffs.

The vote says a tremendous amount about the crucial alliance between progressives and labor, how that delicate partnership formed, and what the future holds.

PLUMBERS VS. PROGRESSIVES


The Mazzola name carries a lot of weight in San Francisco labor circles. The Web site for the United Association of Journeymen and Apprentices of the Plumbing and Pipefitting Industry Local 38 (UA 38) features a photo of U.S. Secretary of Labor Hilda Solis standing between Larry Mazzola Sr. and Larry Mazzola Jr., the father and son team that runs the union.

But the Mazzolas and their union are also controversial. As the Guardian has reported ("Plumbers gone wild," 2/1/06), the union owns a large share of the Konocti Harbor Resort (which a lawsuit by the Department of Labor said was a misuse of the union’s pension funds) and owns the Civic Center Hotel, which tenants and city officials say has been willfully neglected by a union suspected of wanting to bulldoze and develop the site. The plumbers and other members of the building trades have also fought with progressives over development issues and generally back moderate-to-conservative candidates.

Sup. Chris Daly and several progressive groups locked horns with the union over the hotel a few years ago, and Mazzola Sr. responded by opposing Daly’s 2006 reelection campaign, targeting him with nasty mailers and donating office space to Daly’s opponent, Rob Black. Yet more progressive unions like Service Employees International Union Local 1021, which represents city employees, convinced the Labor Council to back Daly and union support helped Daly win.

So when Mazzola Jr. came before Daly’s Rules Committee last month, the supervisor unloaded on him, and Mazzola gave as good as he got, telling Daly he didn’t want his support and defiantly telling the committee he didn’t know much about the bridge district, or its issues, but he expected the job anyway. Those on all sides of the issue agree it was a disaster.

"He was just patently unqualified for the position," Daly told the Guardian. Mazzola tells us his experience with labor contracts would be an asset for the position, but he admits the committee meeting didn’t go well. "I was caught off-guard and put in a defensive mode that altered my planned presentation," Mazzola told us.

Whatever the case, Sup. David Campos joined Daly in keeping the Mazzola nomination stuck in committee while the progressive supervisors privately asked labor leaders to offer another choice. "We said, ‘Give us anyone else as long as they can intelligently talk about transportation issues and the bridge district," Daly said.

But labor dug in. "It seemed as though the board was trying to dictate to labor what labor should do," Michael Theriault, who heads the San Francisco Building and Construction Trade Council. And the other unions decided to back the trades, for a number of complicated reasons.

"The reason we supported Larry Mazzola is because this was important to the plumbers union," said Mike Casey, president of the Labor Council and head of Unite Here (which includes the Union of Needletrades, Industrial and Textile Employees and the Hotel Employees and Restaurant Employees International Union). "To the extent we can support the trades, we want to."

So when the four most conservative members of the Board of Supervisors used a parliamentary trick to call the Mazzola nomination up to the full board on April 14, the stage was set for the standoff.

THE STATE OF LABOR


Labor is truly a house divided, despite its universal interest in minimizing recession-related layoffs and taking advantage of a new Congress and White House that is generally supportive of labor’s holy grail: the Employee Free Choice Act, which would make it far easier to form unions.

The April 25 founding convention of National Union of Healthcare Workers (NUHW) in San Francisco caps a years-long battle between Sal Rosselli’s United Healthcare Workers (UHW) and their SEIU masters (see "Union showdown," 1/28/09). Rosselli and many others say SEIU under Andy Stern has become undemocratic and has climbed in bed with corporate America, while SEIU says getting bigger has made the union better able to advocate for workers. Both accuse the other of being power-hungry and not fighting fair.

"Inside SEIU, we’ve been struggling for four years basically on a difference of ideology and vision of what the labor movement is," Rosselli told us. David Regan, who SEIU named as a UHW trustee after ousting Rosselli, told us the union divisions have been overstated by the media. "Everyone is together in pushing the Employee Free Choice Act," he said, glossing over the fact that the legislation is in trouble and recently lost the support of U.S. Sen. Dianne Feinstein.

Nationally, SEIU has been at war with all of the most progressive unions. The union recently made peace with the California Nurses Association after a particularly nasty struggle that involves many of the same dynamics as SEIU vs. NUHW, including accusations by CNA that SEIU was a barrier to achieving single-payer healthcare and was illegally meddling in its internal affairs.

SEIU is also accused of breaking up Unite Here, which fought the most high-profile labor battle here since Newsom became mayor in its contract fight with the big hotel chains. Last month, a large faction from the old Unite affiliated with SEIU, whose officials say they were just helping out after the end of what all knew was a bad marriage. "This is an example of a merger that didn’t take," SEIU spokesperson Michelle Ringuette told us. But the building trades have backed Unite Here in its fight against Sterns’ SEIU. As Casey told us, "We’re in a major fight over our right to exist. There’s no other way to characterize it."

Yet in San Francisco, SEIU plays a different role. Local 1021 is the advocate for the little guy, representing front-line city workers who deliver social and public health services. It is the union facing the deepest layoffs in the coming city budget fight and is still negotiating contract givebacks with the Mayor’s Office. The union’s biggest allies in City Hall are the exact same six supervisors who voted against Mazzola.

So why this standoff? SEIU, Unite Here, and other progressive unions share the Labor Council with the building trades, which are traditionally more conservative and friendly with downtown and, these days, starting to really get desperate for work. "We have thousands of guys on the verge of losing their homes and families," Theriault said. "We are desperate."

That was one reason the San Francisco Labor Council last year cut a deal with Lennar Corporation to back Proposition G, which lets Lennar develop more than 10,000 homes in the southeast sector of the city. Daly, who wanted firmer guarantees of more affordable housing, was livid over the deal and has been at odds with the council ever since. But Daly said labor’s undercutting of progressives goes back even further and includes the early reelection endorsement Rosselli’s UHW gave Newsom in 2007, which helped keep big-name local progressives out of the race.

Tenants groups, affordable housing advocates, and alternative transportation supporters form the backbone of progressive politics, but on development projects, they often clash with the trade unionists who just want work. And labor expects support from the progressive supervisors. As Mazzola pointed out, "It was labor that got most of those guys elected."

But labor has its own fights on the horizon. SEIU fears deep city job cuts if the Mayor’s Office can’t be persuaded to start supporting new revenue measures. NUHW is getting challenged by SEIU for every member the try to sign up. And Unite Here’s hotel contracts start expiring in six months, reopening its battle with downtown hotel managers.

"We’re going to be in a real war with some of those employers," Casey said. Yet he said its actually good time for the otherwise distracting fights with SEIU over how nice to play with big corporations. "I embrace this fight because I think this is exactly the struggle we need to have in the labor movement."

But the Mazzola fight was one that neither side relished.

TO THE BRINK


The Board of Supervisors chambers was filled with union members flying their colors on April 14, but the progressive supervisors were just as unified, voting 6-5 to reject Mazzola. All that was left was the political posturing, the decision of what to do next, and the fallout.

"I am disappointed and surprised by the board’s action," Sup. Sean Elsbernd (who voted for Mazzola and publicly called it "a sin" to deny him) told us, refusing to confirm the private joy over the outcome that many sources say he has expressed. "What shocked me is a majority of the board turned their back on labor."

Daly admits that the standoff hurt progressives. "I’m not sure who came up with it, but it’s certainly true that the Sean Elsbernds of the world were able to take full advantage of the situation to drive a wedge between unions and progressives," Daly said.

Yet Daly noted how ridiculous is was for Sups. Elsbernd and Michela Alioto-Pier to be publicly professing such fealty to labor while opposing revenue measures that would minimize layoffs. "At the same time the plumbers were attacking me, I was sponsoring paid sick days," Daly said. "It’s the six members of the board that are the most pro-labor who voted against Larry Mazzola."

Politically, Elsbernd says the progressives misplaced their hand. "I think the easy middle ground for them was to reject Mazzola and send it back to committee," Elsbernd said. Others echoed that point. Instead, supervisors appointed Synder, a widely acclaimed transportation expert who created the modern San Francisco Bicycle Coalition then started Transportation for a Livable City (now Livable City) before becoming the first transportation policy director for the San Francisco Planning and Urban Research Association (SPUR).

"I don’t like how that went down, and I’m not happy with the inability of the board and labor to come to an agreement," Snyder told us. "I was stuck in the middle. I wish they had sent someone the board could have agreed to."

After the vote, Snyder went back to the SPUR office and resigned. SPUR director Gabriel Metcalf admits that labor leaders lobbied him to pressure Snyder to withdraw his name, and that he asked Snyder to do so. But Metcalf said he didn’t want to lose Snyder, whose vast knowledge of transportation issues as been a real asset to SPUR. "It was his choice and not my preference."

"This issue is not why I left SPUR, but it was the precipitating event," said Snyder, whose progressive values have occasionally differed from SPUR’s stands. "My sense of social justice has more to do with class issues than I was able to pursue at SPUR."

In fact, the clashes between progressives and developers (who are often backed by the trade unions) often revolve around how much affordable housing and community benefits will be required with each project approval. Snyder said the defining question is, "How do we accommodate development in San Francisco and maintain progressive values in a capitalist economy?"

He didn’t answer that question, but it is one the building trades also understand. Theriault said he supports holding developers to high standards, even when progressives have block certain projects to get them. "I’m okay with that as long as I see the endgame," Theriault said.

He expects the progressive board to listen to labor more than Daly or Democratic Party chair Aaron Peskin, who Theriault said helped shore up the progressive opposition to Mazzola (which Peskin denies). "With the exception of Daly, the relationships are reparable. But they have to show some independence from Daly and Peskin," Theriault said. "The real fear for me is what comes next."

Theriault was referring to things like new historic preservation standards that supervisors will soon consider, as well as the string of big development projects coming forward this year. And for progressives, they hope their efforts to save city jobs will be followed by labor support for progressive candidates for the Board of Supervisors (such as Debra Walker and Rafael Mandelman) in next year’s election.

"The one thing I know about labor is, we’ve been screwed by politicians on the left and the right," Casey said. "Are we angry about this and disappointed? Yes. But does that mean the alliance between labor and progressives is dead? No. We’re going to work through this stuff, talk, take deep breaths, and move forward."

NUHW’s founding convention takes place April 25 from 10 a.m. to 5 p.m. at Everett Middle School, 450 Church St., San Francisco.

What’s in a Mayor’s Office merger? Pots of money it seems

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You can’t blame folks for being confused about and/or suspicious of Mayor Gavin Newsom’s attempted merger of the Mayor’s Office of Community Investment and the Office of Economic and Workforce Development, or whatever they are calling themselves these days.

(When you call folks in the Office of Economic and Workforce Development, some identify themselves on their voice mail like so: “This is so-and-so with the Mayor’s Office.” I won’t name names, but you know who you are. And besides, this seems like an accurate description of where people feel OEWD stands in Newsom’s pantheon, no matter what the department is called.)

Following the Boards’ April 15 Budget committee hearing, it became clear for the first time since Newsom announced the merger in December, that the resulting shift in funding and staff is not a done deal, since it needs Board approval, per the city charter.

As a result of yesterday’s legislative revelations, the Board budget committee has convened a task force to examine Newsom’s proposal, which apparently, is part of his 2009-10 budget submission, which is due in June. The Board then has 30 days to decide, on the basis of these recommendations and its own impressions, whether to approve or disapprove of the merger.

Judging from the reactions and comments of Budget Chair Sup. John Avalos and Sups. David Campos, Carmen Chu, Bevan Dufty, Eric Mar and Ross Mirkarimi, approval seems far from automatic, with many folks worried that the merger is really about raiding the community development cookie jar in a time of ballooning deficits.

At yesterday hearing, OEWD deputy director Jennifer Entine Matz clarified that OEWD has not been part of the Mayor’s Office for years.

The budget mysteries

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sarah@sfbg.com

San Francisco’s top budget advisors are predicting that dollars from President Obama’s stimulus package will help reinvigorate the economy over the next three years. But they also warn that the recovery will be slow, and that deficits will be part of political life for some time to come.

The findings are contained in a three-year budget projection report jointly compiled by the Mayor’s Office, the Controller’s Office, and the Budget Analyst’s Office and released to the news media at a hastily announced March 31 roundtable.

During the roundtable, Mayor Gavin Newsom announced that the city faces a "staggering" $438 million budget shortfall in fiscal year 2009-10 — a deficit, financial experts warn, that could balloon to $750 million by fiscal year 2011-12 if cuts and wage concessions aren’t made and structural reform and revenue creating measures aren’t undertaken.

Those future numbers are scary — and a bit apocryphal. Nobody seriously thinks the city will simply ignore this year’s problems and put them off until next year, which means future deficits should be smaller.

But the decisions that will have to be made to keep the red ink under control have been the subject of intense speculation since December, when Newsom announced that the city was facing a deficit equal to cutting every other dollar in the city’s discretionary general fund.

REFORMS? WHAT REFORMS?


In January newly elected Board of Supervisors President David Chiu sought to address the anxiety crashing over the city’s business and labor leaders by inviting stakeholders, including Newsom, to budget meetings at City Hall. But Newsom only agreed to get involved once the youthful board president’s other bright idea — a special election that combined cuts, revenue generating measures, and structural reforms to save as many jobs, programs, and services — was off the table.

And with only two months to go until he submits his 2009-10 budget proposal, Newsom still has not clarified what budgetary reforms he will support this fall, even as the labor unions are being asked to give back $90 million in promised benefits, and the Board of Supervisors gets ready to prepare an annual appropriations ordinance by the end of July.

Newsom did announce last week that he will be is asking some, but not all, departments for 25 percent cuts in the coming fiscal year. Human Services Director Micki Callahan confirmed that 730 pink slips have been sent out since July 2008.

Yet the actual cuts remain a mystery. "I will not be accepting 25 percent cuts from some departments, but from others, I will," Newsom said. "I don’t believe in across-the-board cuts."

Asked which departments he would accept 25 percent cuts from, Newsom told reporters: "You’ll find out when you read my budget."

Within days of Newsom’s statement came news of a deal between the Mayor’s Office and Service Employees International Union Local 1021, the largest city-workers union.

"The goal of this tentative agreement is to protect vital services for San Franciscans, minimize layoffs to employees, preserve the integrity of the collective bargaining agreement, and assist the city with its economic recovery," read a joint public statement.

As of press time, SEIU’s 1021’s Robert Haaland told the Guardian that the two sides are still in negotiations, but confirmed that the union is discussing giving up about $40 million over 16 months, including furloughs and other benefits.

"At the end of the day, our members recognize that they need to share the pain," Haaland said. "The idea is to save jobs and programs."

These givebacks from SEIU are part of the $90 million in concessions the city hopes to get from unions, including those that represent police, firefighters and nurses.

THE PERILS OF TWO-YEAR BUDGETING


As it becomes clear that givebacks and cuts won’t be enough to solve the city’s fiscal crisis, there is talk that the mayor wants to switch to a two-year budget process. Critics say that could represent a massive transfer of power to the Mayor’s Office, unless the Board of Supervisors also gets the power to approve the mayor’s midyear cuts.

"As it is right now, we have power through the Board of Supervisors for one month of the year," said one community organizer, who asked to remain anonymous. "The rest of the time Newsom moves his own agenda through his midyear cuts."

A summary of a March 16 Controller’s Office "budget improvement project" recommends that "the board’s add-back process should require that program restorations and enhancements be reviewed and analyzed by department staff and the board’s budget analyst;" that the "mayor and board should outreach to the general public regarding budget priorities;" and that the "city should adopt a two year budget process consistent with the city’s financial plan."

Sup. Chris Daly said he thinks this year’s grim three-year budget projections make a strong argument against a two-year budget process. "Projections are never right," said Daly, who used to chair the powerful budget committee. "Two years ago we weren’t projecting how bad it was going to be. We can’t do budgets for years out past the current fiscal year. It just doesn’t work."

Sup. David Campos, who sits on the current budget committee, said he wants to see the increased Federal Medical Assistance Percentage (FMAP) funding being provided to the city’s public health and human services departments used to restore proposed cuts, jobs, and services.

Much of the federal money will be earmarked for non-General Fund infrastructre projects at the Municipal Transporation Agency, Housing Authority, airport, and San Francisco Public Utilities Commission.

"We’re saying that if FMAP is coming in so that revenue cuts are not made in the public health area, then why not use these monies to fill gaps, replace cuts, restore funds, preserve programs?" Campos asked.

Campos also wants the mayor and the board to sit down and talk about the November ballot. "I don’t think the budget hole is going to be closed on backs of labor alone," Campos told us. "We’re focused on cuts, elimination of programs, layoffs … But why aren’t we talking about what revenue measures we are putting on the November ballot?

Chiu said he thinks Newsom is committed to some form of tax-based revenue measure. "Just as we can’t solve our budget deficit by taxing our way out of it, so we can’t solve it by cutting our way out of it either," Chiu said. "None of our tax or revenue-generating options would come close to filling 25 percent of that gap."

Noting that business is "more open to taxes that share the burden of who pays," Chiu observed that "it’s important to balance the cuts so it’s not just social services and the health department taking the burden."

Board tells Newsom to support due process for all youth

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The SF Examiner and the Chronicle continue to beat the anti-immigrant drum, when it comes to mocking, downplaying or distorting the unconstitutional impact on children of San Francisco’s sanctuary policy.

So it may come as a surprise to learn that under the new policy direction that Mayor Gavin Newsom ordered last summer, just as he was announcing his gubernatorial run, San Francisco does nothing to accord due process to undocumented children that are charged with felonies by local law enforcement officials.

Now, if you ask the Mayor’s Office, if the sanctuary policy accords due process to juvenile youth, you’ll get, “Yes, the City Attorney vetted it.”
That is not an answer. It’s the giant sucking sound of mayoral advisers passing the buck.

Now, as Sup. David Campos points out, the City Attorney provides legal advice—what the law is, its parameters, its implications—not policy calls.

Campos reiterated that point this week, when he and seven other members of Board of Supervisors voted to pass a resolution urging the board to adopt the United Nations convention on the rights of the child, which supports due process for youth. (You can watch the video of that meeting here. Look for item 17.)

Newsom officials dodge budget questions

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By Melody Parker and Steven T. Jones

The Board of Supervisors Budget and Finance Committee yesterday held a hearing on deep budget cuts proposed for city health and welfare programs and tried unsuccessfully to get straight answers to why the Newsom Administration isn’t planning to use federal stimulus money to offset those cuts.
Congress and President Barack Obama specifically offered economic stimulus money to prevent cuts in things like housing, homeless, and social services that are most needed during hard economic times. San Francisco’s share is more than $50 milllion. As Obama said, “This plan will also help ensure that you don’t need to make cuts to essential services Americans rely on now more than ever.”
But Sups. Ross Mirkarimi and David Campos expressed frustration that the Mayor’s Office has said it doesn’t want to use these one-time funding to cover ongoing expenses and that they’ve refused to engage in a dialogue about that stand. At a press conference before the hearing, Mirkarimi said dealing with the administration has been like pulling teeth: “The Board had received zero word from Mayor Newsom.”
So they pressed Newsom’s Public Health Director Mitch Katz at the hearing, but still made little progress on getting a straight answer. As a lawyer, Campos said he was “familiar with nuanced language” and told Katz that he didn’t feel the administration is being responsive.

DCCC supports sanctuary & due process for all

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The Democratic County Central Committee voted last night by an overwhelming majority (20 ayes, 5 abstains, I no) to support Debra Walker’s strong resolution, recommitting “support of the Constitution and our city’s Sanctuary Ordinance for all,” and rejecting Scott Wiener’s watered-down version (19 noes, 3 abstained, 5 ayes).

Walker, who plans to run for District 6 supervisor, when incumbent Chris Daly is termed out next year, says DCCC’s vote made her, “ feel good about the party.”

“It’s been way too long that this has been happening and we have done nothing substantive, on the part of the party,” said Walker, noting that a companion resolution asking President Barack Obama to stop the ICE raids will be introduced next month.

Last night’s vote came after several dozen immigrant residents attended the DCCC hearing and testified about the impact of San Francisco’s new policies toward immigrants.

As Angela Chan, staff attorney for the Asian Law Caucus told the Guardian, “One teenage girl bravely stood before the DCCC and said that as a result of the change in climate in San Francisco toward immigrants, she lived in fear each day that she would come home to find that her parents had been taken away by ICE. Another immigrant resident said that if the DCCC takes a stand to support immigrants, he would raise his children to become proud Democrats. Another immigrant resident, who was a mother and a child care provider for many families in SF, said it is difficult to know that the image of criminality is being projected onto her and her community, when most members of the community are hardworking, law-abiding, and family-oriented people.”

Chan says she appreciated the supportive comments she heard from Sups. David Campos, Daly, Robert Haaland, Michael Bornstein, and resolution co-sponsors Walker and Peskin.

“They demonstrated a strong commitment to upholding immigrant rights and a deep understanding of the contributions of immigrant residents to San Francisco,” Chan said. “I hope Mayor Newsom will take the cue from his own party (and his own residents), and swiftly move to rescind his undocumented youth policy and work with the immigrant community to develop a more thought-out and balanced policy that respects the due process rights of youth and the goals to the juvenile justice system.”

That vote confirms that Mayor Gavin Newsom’s decision to do an about face last summer on San Francisco’s long standing sanctuary city ordinance is coming back to haunt him, as the gubernatorial race heats up.

Asked if the policy direction that Newsom ordered in 2008 guarantees due process for all, Newsom’s communications director Nathan Ballard did a classic obfuscation, telling the Guardian, “Yes. It was thoroughly vetted by the city attorney.”

But according to the City Attorney’s office, the original ordinance never did assure due process, “ if an individual was arrested for felony crimes.”

As for the revised policy direction, it directs police officers to report any juvenile “suspected of being present in the United States in violation of immigration laws,” and “booked” for commission of a felony” to federal immigration authorities,

The language, which is contained in the juvenile probation department’s policies and procedures section, directs officers to take into consideration, amongst other things, prior criminal history and “presence of undocumented persons in the same area where arrested or involved in illegal activity.”

To Walker’s mind, such direction amounts to a, “slippery slope.”

“It puts a lot of discretion in the hands of the police on the streets, and can end up with juveniles being referred to ICE and taken back to their country of origin, without any representation,” Walker said.

Immigration battle at the DCCC

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By Tim Redmond
The issue before the Democratic
County Central Committee tonight is immigration, and delegates will face a pair of conflicting resolutions. In reality, though, the two resolutions are a referendum on the city’s — that is, mayor Newsom’s — shift in immigration policy.

The milder, watered-down measure is sponsored by Scott Wiener, one of the centrist leaders on the DCCC, and more-or-less endorses what Newsom has been doing. His consponsors are Connie O’Connor, Mary Jung, Arlo Hale Smith, and Matt Tuchow.

The competing measure takes not-so-subtle issue with City Hall’s position and urges greater respect and tolerance for immigrants of all legal status. It’s backed by Aaron Peskin, Debra Walker, David Campos, Robert Haaland, Rafael Mandelman, Chris Daly, Joe Julian, Michael Goldstein, Hene Kelly and Michael Bornstein.

You can read both resolutions and the politics of this after the jump.

The pain of Newsom’s immigrant policies

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EDITOR’S NOTE: THIS STORY CONTAINS TWO CORRECTIONS.

By Deia de Brito

When a coalition of 30 immigrant rights organizations held a town hall meeting at Horace Mann Elementary School last week, Mayor Newsom skipped the session and sent an aide. That’s too bad-the testimony was chilling and the mayor might have learned something about the tragic consequences of his policies.

The San Francisco Immigrant Rights Defense Committee has been mobilizing since Newsom announced last July that the city would contact federal immigration authorities whenever youth suspected of being undocumented were arrested on felony charges. The key word is “arrested” – young people in this city are taken into custody and charged on thin or false evidence all the time. So an innocent person whose charges are later dropped could still face deportation.

Among those present were City Assessor Phil Ting, representatives of the San Francisco Police Department, the Immigrant Rights Commission, the Office of Civic Engagement and Immigrant Affairs, the San Francisco Unified School District, and supervisors David Chiu, David Campos, Eric Mar, and John Avalos.

“The biggest problem was that the mayor didn’t attend,” said SFIRDC organizer and Asian Law Caucus attorney Angela Chan. “There’s been no discussion about a policy that has had such a huge impact on the immigrant community.”

And there’s no doubt, based on what we heard that day, that the impact is indeed huge – and disturbing.

“ICE came to my home and took five people, including my husband. He’s in jail and I don’t know when he’ll be home,” said a Mission District resident. Similar stories echoed across the room. Fear and uncertainty were tangible.

The Rainy Day Fund — a better way?

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By Tim Redmond

I get the concerns about Sup. Chris Daly’s proposal to amend the city’s Rainy Day Fund. But in the end, there’s probably a way to make it work that’s better than a lot of unpleasant alternatives.

The Rainy Day Fund was Tom Ammiano’s gift to San Francisco, a brilliant piece of legislation that has saved the public schools and will save hundreds of jobs and critical public services this year. The bill ensures that the city sets aside some of its money in good years, so there’s something to draw on in really bad times.

And these are really bad times.

Last year, money from the Rainy Day Fund saved the school district from laying off hundreds of teachers. In the wake of the governor’s assault on public education, the local schools will need another allocation to prevent this year’s disaster.

The way the bill works, the city can take up to half the money in the fund in dire times, and the schools can get up to 25%. That means there’s no temptation to raid all the money at one time.
If we hadn’t had the fund – and there were plenty of people who didn’t think it was a good idea when Ammiano introduced it – we’d be in way worse shape now.

What Daly wants to do – with the support of city employee unions – is amend the legislation to allow the supervisors, by majority vote, to take as much of the money as they need to preserve health and human services if the city’s deficit exceeds $250 million.

Ammiano is against that; he sees it as an attack on the idea of the fund, which is supposed to ease budget problems not just in one year but for the future as well. Sup. David Campos, who I respect and trust, is also against the Daly measure. “This year is bad, but next year is going to be bad, too,” he said.

And I get that, and I get that labor wants to preserve services (and jobs) right now, because once those jobs and services go away, it’s really hard to get them back.

So let’s recognize that both sides have a point, neither side is bad or evil, there are good progressives who disagree on this – and take a look at the numbers.

Russoniello and Ryan in the cross hairs

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Text by Sarah Phelan.

As the city searches for a new police chief, the Board of Supervisors is intensifying efforts to oust the US Attorney for Northern California, Joseph Russoniello, and the former US Attorney for Northern California, Kevin Ryan, who is currently Mayor Gavin Newsom’s top crime advisor, and replace them with folks more in tune with San Francisco values.

Ryan and Russoniello, who were both appointed a year ago, have come under increasing scrutiny since July, when the mayor ordered the city to report undocumented youth to federal authorities the minute these youth are arrested on suspicion of committing a felony.

Immigrant rights groups nationwide have decried Newsom’s decision as robbing youth of their right to due process. But, city insiders say Newsom is refusing to reopen the conversation, in face of a Grand Jury investigation that Russoniello convened. Russoniello has claimed that the city’s previous policy direction, which included flying Honduran youth back to their families, was tantamount to harboring and thus was a violation of federal law.

At last Tuesday’s Board meeting, Sups. David Campos, John Avalos, Chris Daly, Eric Mar, Ross Mirkarimi and Board President David Chiu introduced a resolution urging President Barack Obama and Senators Barbara Boxer and Dianne Feinstein to appoint a new U.S. Attorney for the Northern District of California.

The resolution cites five examples that “highlight Mr. Russoniello’s questionable judgment,” and states that the Board “recognizes the importance of having a U.S. Attorney that understands San Francisco’s diversity, values and commitment to equal justice, especially as s/he works closely with the City’s law enforcement agencies on public safety measures. The resolution also observes that the Board “has a duty to safeguard the well being of its residents and ensure their equal protection.”

The next night, Campos, who came from Guatemala to this country at age 14 as an undocumented immigrant, joined speakers at an immigrant rights forum that denounced recent changes in the sanctuary city ordinance, called for the ouster of Kevin Ryan and expressed disappointment that Newsom did not attend the forum.

“I understand Newsom sent a representative and I appreciate that, but for a lot of people it would have meant a lot if the mayor had attended himself,” Campos told the Guardian.

With the heat on Newsom locally and statewide—many voters in the upcoming gubernatorial race are of immigrant descent and/or have undocumented relatives here—will the mayor meet community members face to face? Or is he afraid of alienating the powerful Police Officers Association and losing vital campaign contributions?

Mayoral spokesperson Nathan Ballard reportedly told the Chronicle that, “the mayor supports Ryan but ‘is willing and eager to listen to feedback from the community.”

Asked if the Mayor has scheduled a meeting yet, Campos told the Guardian, “Newsom has said he wants to meet with me and members of the community, so until I hear otherwise, I will believe that is what is going to happen.”

Stay tuned.

Public safety adrift

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› sarah@sfbg.com

Shortly into his first term as mayor, Gavin Newsom told a caller on talk radio — who was threatening to start a recall campaign if the mayor didn’t solve the city’s homicide problem — that Newsom might sign his own recall petition if he didn’t succeed in reducing violent crime.

But Newsom didn’t reduce violence — indeed, it spiked during his tenure — nor did he hold himself or anyone else accountable. Guardian interviews and research show that the city doesn’t have a clear and consistent public safety strategy. Instead, politics and personal loyalty to Newsom are driving what little official debate there is about issues ranging from the high murder rate to protecting immigrants.

The dynamic has played out repeatedly in recent years, on issues that include police foot patrols, crime cameras, the Community Justice Court, policies toward cannabis clubs, gang injunctions, immigration policy, municipal identification cards, police-community relations, reform of San Francisco Police Department policies on the use of force, and the question of whether SFPD long ago needed new leadership.

Newsom’s supporters insist he is committed to criminal justice. But detractors say that Newsom’s political ambition, management style, and personal hang-ups are the key to understanding why, over and over again, he fires strong but politically threatening leaders and stands by mediocre but loyal managers. And it explains how and why a vacuum opened at the top of the city’s criminal justice system, a black hole that was promptly exploited by San Francisco-based U.S. Attorney Joseph Russoniello, who successfully pressured Newsom to weaken city policies that protected undocumented immigrants accused of crimes.

Since appointing Heather Fong as chief of the San Francisco Police Department in 2004, Newsom has heard plenty of praise for this hardworking, morally upright administrator. But her lack of leadership skills contributed to declining morale in the ranks. So when he hired the conservative and controversial Kevin Ryan as director of the Mayor’s Office of Criminal Justice — the only U.S. Attorney fired for incompetence during the Bush administration’s politicized 2006 purge of the Department of Justice, despite Ryan’s statements of political loyalty to Bush — most folks assumed it was because Newsom had gubernatorial ambitions and wanted to look tough on crime.

Now, with Fong set to retire and a new presidential administration signaling that Russoniello’s days may be numbered, some change may be in the offing. But with immigrant communities angrily urging reform, and Newsom and Ryan resisting it, there are key battles ahead before San Francisco can move toward a coherent and compassionate public safety strategy.

SHIFTING POLICIES


The combination of Ryan, Fong, and Newsom created a schizophrenic approach to public policy, particularly when it came to immigrants. Fong supported the sanctuary city policies that barred SFPD from notifying federal authorities about interactions with undocumented immigrants, but Ryan and many cops opposed them. That led to media leaks of juvenile crime records that embarrassed Newsom and allowed Russoniello and other conservatives to force key changes to this cherished ordinance.

Russoniello had opposed the city’s sanctuary legislation from the moment it was introduced by then Mayor Dianne Feinstein in the 1980s, when he serving his first term as the U.S. Attorney for Northern California. But it wasn’t until two decades later that Russoniello succeeded in forcing Newsom to adopt a new policy direction, a move that means local police and probation officials must notify federal authorities at the time of booking adults and juveniles whom they suspect of committing felonies

Newsom’s turnabout left the immigrant community wondering if political ambition had blinded the mayor to their constitutional right to due process since his decision came on the heels of his announcement that he was running for governor. Juvenile and immigrant advocates argue that all youth have the right to defend themselves, yet they say innocent kids can now be deported without due process to countries where they don’t speak the native language and no longer have family members, making them likely to undertake potentially fatal border crossings in an effort to return to San Francisco.

Abigail Trillin of Legal Services for Children, cites the case of a 14-year-old who is in deportation proceedings after being arrested for bringing a BB gun to school. "He says he was going to play with it in the park afterwards, cops and robbers," Trillin says. "His deportation proceedings were triggered not because he was found guilty of a felony, but because he was charged with one when he was booked. He spent Christmas in a federal detention facility in Washington state. Now he’s back in San Francisco, but only temporarily. This boy’s family has other kids, they are part of our community. His father is a big, strong man, but every time he comes into our office to talk, he is in tears."

Another client almost got referred to U.S. Immigration and Custom Enforcement (ICE) even though he was a victim of child abuse. And a recent referral involved a kid who has been here since he was nine months old. "If the mayor genuinely wants to reach out to the immigrant community, he needs to understand how this community has perceived what has happened," Trillin said. "Namely, having a policy that allows innocent youth to be turned over to ICE."

Social workers point out that deporting juveniles for selling crack, rather than diverting them into rehabilitation programs, does nothing to guarantee that they won’t return to sell drugs on the streets. And making the immigrant community afraid to speak to law enforcement and social workers allows gangs and bullies to act with impunity.

"This is bad policy," Trillin stated. "Forget about the rights issues. You are creating a sub class. These youths are getting deported, but they are coming back. And when they do, they don’t live with their families or ask for services. They are going far underground. They can’t show up at their family’s home, their schools or services, or in hospitals. So the gang becomes their family, and they probably owe the gang money."

Noting that someone who is deported may have children or siblings or parents who depend on them for support, Sup. John Avalos said, "There need to be standards. The city has the capability and knows how to work this out. I think the new policy direction was a choice that was made to try and minimize impacts to the mayor’s career."

But Matt Dorsey, spokesperson for the City Attorney’s Office, told the Guardian that the Sanctuary City ordinance never did assure anyone due process. "The language actually said that protection did not apply if an individual was arrested for felony crimes," Dorsey said. "People have lost sight of the fact that the policy was adopted because of a law enforcement rationale, namely so victims of crime and those who knew what was going on at the street level wouldn’t be afraid to talk to police."

Angela Chan of the Asian Law Caucus, along with the San Francisco Immigrant Rights Defense Committee, a coalition of more than 30 community groups, has sought — so far in vain — to get the city to revisit the amended policy. "The city could have reformulated its ordinance to say that we’ll notify ICE if kids are found guilty, do not qualify for immigration relief, and are repeat or violent offenders," Chan said. "That’s what we are pushing. We are not saying never refer youth. We are saying respect due process."

Asked if Newsom will attend a Feb. 25 town hall meeting that immigrant rights advocates have invited him to, so as to reopen the dialogue about this policy shift, mayoral spokesperson Nathan Ballard told the Guardian, "I can’t confirm that at this time."

Sitting in Newsom’s craw is the grand jury investigation that Russoniello convened last fall to investigate whether the Juvenile Probation Department violated federal law. "Ever since the City found out that the grand jury is looking into it, they brought in outside counsel and everything is in deep freeze," an insider said. "The attitude around here is, let the whole thing play out. The city is taking it seriously. But I hope it’s a lot of saber rattling [by Russoniello’s office]."

Dorsey told the Guardian that "the only reason the city knew that a grand jury had been convened was when they sent us a subpoena for our 1994 opinion on the Sanctuary City policy, a document that was actually posted online at our website. Talk about firing a shot over the bow!"

Others joke that one reason why the city hired well-connected attorney Cristina Arguedas to defend the city in the grand jury investigation was the city’s way of saying, ‘Fuck You, Russoniello!" "She is Carole Migden’s partner and was on O.J. Simpson’s dream team," an insider said. "She and Russoniello tangled over the Barry Bonds stuff. They hate each other."

Shannon Wilber, executive director of Legal Services for Children, says Russoniello’s theory seems to be that by providing any services to these people, public or private, you are somehow vioutf8g federal statutes related to harboring fugitives. "But if you were successful in making that argument, that would make child protection a crime," Wilber says, adding that her organization is happy to work with young people, but it has decided that it is not going to accept any more referrals from the Juvenile Probation Department.

"We no longer have the same agenda," Wilber said. "Our purpose in screening these kids is to see if they qualify for any relief, not to deport people or cut them off from services."

Wilber’s group now communicates with the Public Defender’s Office instead. "Between 80 and 100 kids, maybe more, have been funneled to ICE since this new policy was adopted," Wilber said. "This is creating an under class of teens, who are marginalized, in hiding and not accessing educational and health services for fear of being stopped and arrested for no good reason, other than that their skin is brown and they look Latino".

Wilber understands that the new policy direction came from the Mayor’s Office, in consultation with JPD, plus representatives from the US Attorney’s office and ICE. "They bargained with them," Wilber said. "They basically said, what are you guys going to be satisfied with, and the answer was that the city should contact them about anyone who has been charged and booked with a felony, and who is suspected of being undocumented."

She hopes "something shifts" with the new administration of President Barack Obama, and that there will be "enough pressure in the community to persuade the Mayor’s Office to at least amend, if not eliminate, the new policy," Wilber said "The cost of what the city is doing, compared to what it did, is the flashing light that everyone should be looking at."

"It costs so much more to incarcerate kids and deport them, compared to flying them home," she explained. "And we have cast a pall over the entire immigrant community. It will be difficult to undo that. Once people have been subjected to these tactics, it’s not easy to return to a situation of trust. We are sowing the seeds of revolution."

WEAKEST LINK


When Newsom tapped Republican attorney Kevin Ryan to head the Mayor’s Office of Criminal Justice a year ago, the idea was that this high-profile guy might bring a coherent approach to setting public safety policy, rather than lurch from issue to issue as Newsom had.

Even City Attorney Dennis Herrera, who isn’t considered close to Newsom, praised the decision in a press release: "In Kevin Ryan, Mayor Newsom has landed a stellar pick to lead the Mayor’s Office of Criminal Justice. Kevin has been a distinguished jurist, an accomplished prosecutor, and a valued partner to my office in helping us develop protocols for civil gang injunctions. San Franciscans will be extremely well served by the talent and dedication he will bring to addressing some of the most important and difficult problems facing our city."

But the choice left most folks speechless, particularly given Ryan’s history of prosecuting local journalists and supporting federal drug raids. Why on earth had the Democratic mayor of one of the most liberal cities in the nation hired the one and only Bush loyalist who had managed to get himself fired for being incompetent instead of being disloyal like the other fired U.S. Attorneys?

The answer, from those in the know, was that Newsom was seriously flirting with the idea of running for governor and hired Ryan to beef up his criminal justice chops. "If you are going to run for governor, you’ve got to get to a bunch of law and order people," one insider told us.

Ryan proceeded to upset civil libertarians with calls to actively monitor police surveillance cameras (which can only be reviewed now if a crime is reported), medical marijuana activists with recommendations to collect detailed patient information, and immigrant communities by delaying the rollout of the municipal identity card program.

"In the long run, hopefully, dissatisfaction with Ryan will grow," Assembly Member Tom Ammiano told us last year when he was a supervisor. "He could become a liability for [Newsom], and only then will Newsom fire him, because that’s how he operates."

Others felt that Ryan’s impact was overstated and that the city continued to have a leadership vacuum on public safety issues. "What has happened to MOCJ since Ryan took over?" one insider said. "He doesn’t have much of a staff anymore. No one knows what he is doing. He does not return calls. He has no connections. He’s not performing. Everyone basically describes him with the same words – paranoid, retaliatory, and explosive – as they did during the investigation of the U.S. attorneys firing scandal."

"I’ve only met him three times since he took the job," Delagnes said. "I guess he takes his direction from the mayor. He’s supposed to be liaison between Mayor’s Office and the SFPD. When he accepted the job, I was, OK, what does that mean? He has never done anything to help or hinder us."

But it was when the sanctuary city controversy hit last fall that Ryan began to take a more active role. Sheriff’s Department spokesperson Eileen Hirst recalls that "MOCJ was essentially leaderless for five years, and Ryan was brought in to create order and revitalize the office. And the first thing that really happened was the controversy over handling undocumented immigrant detainees."

One prime example of Ryan’s incompetence was how it enabled Russoniello to wage his successful assault on the city’s cherished sanctuary ordinance last year. Internal communications obtained by the Guardian through the Sunshine Ordinance show efforts by the Newsom administration to contain the political damage from reports of undocumented immigrants who escaped from city custody.

Newsom solidly supported the Sanctuary City Ordinance during his first term, as evidenced by an April 2007 e-mail that aide Wade Crowfoot sent to probation leaders asking for written Sanctuary City protocols. But these demands may have drawn unwelcome attention.

"This is what caused the firestorm regarding undocumented persons," JPD Assistant Chief Allen Nance wrote in August 2008 as he forwarded an e-mail thread that begins with Crowfoot’s request.

"Agreed," replied probation chief William Siffermann. "The deniability on the part of one is not plausible."

Shortly after Ryan started his MOCJ gig, the Juvenile Probation Department reached out to him about a conflict with ICE. They asked if they could set up something with the U.S. Attorney’s Office but the meeting got canceled and Ryan never rescheduled it.

Six weeks passed before the city was hit with the bombshell that another San Francisco probation officer had been intercepted at Houston Airport by ICE special agents as he escorted two minors to connecting flights to Honduras. They threatened him with arrest.

"Special Agent Mark Fluitt indicated that federal law requires that we report all undocumenteds, and San Francisco Juvenile Court is vioutf8g federal law," JPD’s Carlos Gonzalez reported. "Although I was not arrested, the threat was looming throughout the interrogation."

Asked to name the biggest factors that influenced Newsom’s decision to shift policy, mayoral spokesperson Nathan Ballard cites a May 19 meeting in which Siffermann briefed the mayor about JPD’s handling of undocumented felons on matters related to transportation to other countries and notification of ICE.

"That morning Mayor Newsom directed Siffermann to stop the flights immediately," Ballard told the Guardian. "That same morning the mayor directed Judge Kevin Ryan to gather the facts about whether JPD’s notification practices were appropriate and legal. By noon, Judge Ryan had requested a meeting with ICE, the U.S. Attorney, and Chief Siffermann to discuss the issue. On May 21, that meeting occurred at 10:30 a.m. in Room 305 of City Hall."

Ballard claims Ryan advised the mayor that some of JPD’s court-sanctioned practices might be inconsistent with federal law and initiated the process of reviewing and changing the city’s policies in collaboration with JPD, ICE, the U.S. Attorney, and the City Attorney.

Asked how much Ryan has influenced the city’s public safety policy, Ballard replied, "He is the mayor’s key public safety adviser."

Records show Ryan advising Ballard and Ginsburg to "gird your loins in the face of an August 2008 San Francisco Chronicle article that further attacked the city’s policy. "Russoniello is quoted as saying, "This is the closest thing I have ever seen to harboring,’" Ryan warned. And that set the scene for Newsom to change his position on Sanctuary City.

PUSHED OR JUMPED?


When Fong, the city’s first female chief and one of the first Asian American women to lead a major metropolitan police force nationwide, announced her retirement in December, Police Commission President Theresa Sparks noted that she had brought "a sense of integrity to the department." Fellow commissioner David Onek described her as "a model public servant" and residents praised her outreach to the local Asian community.

Fong was appointed in 2004 in the aftermath of Fajitagate, a legal and political scandal that began in 2002 with a street fight involving three off-duty SFPD cops and two local residents, and ended several years later with one chief taking a leave of absense, another resigning, and Fong struggling to lead the department. "It’s bad news to have poor managerial skills leading any department. But when everyone in that department is waiting for you to fail, then you are in real trouble," an SFPD source said.

Gary Delagnes, executive director of the San Francisco Police Officers Association, hasn’t been afraid to criticize Fong publicly, or Newsom for standing by her as morale suffered. "Chief Fong has her own style, a very introverted, quiet, docile method of leadership. And it simply hasn’t worked for the members of the department. A high percentage [of officers] believe change should have been made a long time ago."

But Newsom refused to consider replacing Fong, even as the stand began to sour his relationship with the SFPOA, which has enthusiastically supported Newsom and the mayor’s candidates for other city offices.

"The day the music died," as Delagnes explains it, was in the wake of the SFPD’s December 2005 Videogate scandal. Fong drew heavy fire when she supported the mayor in his conflict with officer Andrew Cohen and 21 other officers who made a videotape for a police Christmas party. Newsom angrily deemed the tape racist, sexist, and homophobic at a press conference where Fong called the incident SFPD’s "darkest day."

"Heather let the mayor make her look like a fool. Who is running this department? And aren’t the department’s darkest days when cops die?" Delagnes said, sitting in SFPOA’s Sixth Street office, where photographs and plaques commemorate officers who have died in service.

Delagnes supports the proposal to give the new chief a five-year contract, which was part of a package of police reforms recommended by a recent report that Newsom commissioned but hasn’t acted on. "You don’t want to feel you are working at the whim of every politician and police commission," Delagnes said. But he doubts a charter amendment is doable this time around, given that the Newsom doesn’t support the idea and Fong has said she wants to retire at the end of April.

"I’d like to see a transition to a new chief on May 1," Delagnes said. "And so far, there’s been no shortage of applications. Whoever that person is, whether from inside or outside [of SFPD], must be able to lead us out of the abysmally low state of morale the department is in."

Delagnes claims that police chiefs have little to do with homicide rates, and that San Francisco is way below the average compared to other cities. "But when that rate goes from 80 to 100, everyone goes crazy and blames it on the cops. None of us want to see people killed, but homicides are a reality of any big city. So what can you do to reduce them? Stop them from happening."

But critics of SFPD note that few homicide cases result in arrests, and there is a perception that officers are lazy. That view was bolstered by the case of Hugues de la Plaza, a French national who was living in San Francisco when he was stabbed to death in 2007. SFPD investigators suggested it was a suicide because the door was locked from the inside and did little to thoroughly investigate, although an investigation by the French government recently concluded that it was clearly a homicide.

Delagnes defended his colleagues, saying two of SFPD’s most experienced homicide detectives handled the case and that "our guys are standing behind it."

A NEW DIRECTION?


Sparks said she didn’t know Fong was planning to retire in April until 45 minutes before Chief Fong made the announcement on Newsom’s December 20 Saturday morning radio show. "I think she decided it was time," Sparks told the Guardian. "But she’s not leaving tomorrow. She’s waiting so there can be an orderly transition."

By announcing she will be leaving in four months, Fong made it less likely that voters would have a chance to weigh in on the D.C.-based Police Executives Reform Forum’s recommendation that the next SFPD chief be given a five-year contract.

"The mayor believes that the chief executive of a city needs to have the power to hire and fire his department heads in order to ensure accountability," Newsom’s communications director Nathan Ballard told the Guardian.

According to the city charter, the Police Commission reviews all applications for police chief before sending three recommendations to the mayor. Newsom then either makes the final pick, or the process repeats. This is same process used to select Fong in 2004, with one crucial difference: the commission then was made up of five mayoral appointees. Today it consists of seven members, four appointed by the mayor, three by the Board of Supervisors.

Last month the commission hired Roseville-based headhunter Bob Murray and Associates to conduct the search in a joint venture with the Washington-based Police Executive Research Forum, which recently completed an organizational assessment of the SFPD. Intended to guide the SFPD over the next decade, the study recommends expanding community policies, enhancing information services, and employing Tasers to minimize the number of deadly shootings by officers.

"The mayor tends to favor the idea [of Tasers] but is concerned about what he is hearing about the BART case and wants closer scrutiny of the issue," Ballard told us last week.

Potential candidates with San Francisco experience include former SFPD deputy chief Greg Suhr, Taraval Station Captain Paul Chignell, and San Mateo’s first female police chief, Susan Manheimer, who began her career with the SFPD, where her last assignment was as captain of the Tenderloin Task Force.

"It would be wildly premature to comment on the mayor’s preference for police chief at this time," Ballard told the Guardian.

Among the rank and file, SFPD insider Greg Suhr is said to be the leading contender. "He’s very politically connected, and he is Sup. Bevan Dufty’s favorite," said a knowledgeable source. "The mayor would be afraid to not get someone from the SFPD rank and file."

Even if Newsom is able to find compromise with the immigrant communities and soften his tough new stance on the Sanctuary City policy, sources say he and the new chief would need to be able to stand up to SFPD hardliners who push back with arguments that deporting those arrested for felonies is how we need to get rid of criminals, reduce homicides, and stem the narcotics trade.

"The police will say, you have very dangerous and violent potential felons preying on other immigrants in the Mission and beyond," one source told us. "They would say [that] these are the people who are dying. So if you are going to try and take away our tools — including referring youth to ICE on booking — then we will fight and keep on doing it."

While that attitude is understandable from the strictly law and order perspective, is this the public safety policy San Francisco residents really want? And is it a decision based on sound policy and principles, or merely political expediency?

Sup. David Campos, who arrived in this country at age 14 as an undocumented immigrant from Guatemala, says he is trying to get his arms around the city’s public safety strategy. "For me, the most immediate issue is the traffic stops in some of the neighborhoods, especially in the Mission and the Tenderloin," said Campos, a member of the Public Safety Committee whose next priority is revisiting the Sanctuary City Ordinance. "I’m hopeful the Mayor’s Office will reconsider its position. But if not, I’m looking at what avenues the board can pursue.

"I understand there was a horrible and tragic incident," Campos added, referring to the June 22, 2008 slaying of three members of the Bologna family, for which Edwin Ramos, who had cycled in and out of the city’s juvenile justice system and is an alleged member of the notoriously violent MS-13 gang, charged with murder for shooting with an AK-47 assault weapon. "But I think it is bad to make public policy based on one incident like that. To me, the focus should be, how do we get violent crime down and how do we deal with homicides?"

Campos believes Ryan has sidetracked the administration with conservative hot-button issues like giving municipal ID cards to undocumented residents, installing more crime cameras, and cracking down on the cannabis clubs. "I’m trying to understand the role of the Mayor’s Office of Criminal Justice," Campos said, raising the possibility that it might be eliminated as part of current efforts to close a large budget deficit. "In tough times, can we afford to have them?"

The change in Washington could also counter San Francisco’s move to the right. Federal authorities, swamped by claims of economic fraud and Ponzi schemes, might lose interest in punishing San Francisco for its Sanctuary City-related activities now that President Barack Obama has vowed to address immigration reform, saying he wants to help "12 million people step out of the shadows."

"It’s hard to believe that there isn’t going to be some kind of change," another criminal justice community source told us. "A lot of this is Joe Russoniello’s thing. Sanctuary City ordinances and policies have been a target of his for years."

Rumors swirled last week that Russoniello might have already received his marching orders when Sen. Barbara Boxer announced her judicial nomination committees, which make recommendations to Obama for U.S. District Court judges, attorneys, and marshals.
Boxer will likely be responsible for any vacancies in the northern and southern districts, while Feinstein, who is socially friendly with the Russoniello family, will take charge of the central and eastern districts. Criminal justice noted that Arguedas, who San Francisco hired to defend itself against Russoniello’s grand jury investigation, is on Boxer’s Northern District nomination committee.
Boxer spokesperson Natalie Ravitz told the Guardian she was not going to comment on the protocol or process for handling a possible vacancy. "What I can tell you is that Sen. Boxer is accepting applications for the position of U.S. Attorney for the Southern District (San Diego), a position that is considered vacant," Ravitz told us. "Sen. Feinstein is handling the vacancy for the U.S. Attorney for the Eastern District. Beyond that I am not going to comment. If you have further questions, I suggest you call the Department of Justice press office."
DOJ referred us to the White House, where a spokesperson did not reply before press time. Meanwhile Russoniello has been publicly making the case for why he should stay, telling The Recorder legal newspaper in SF that morale in the U.S. Attorney’s San Francisco office is much improved, with fewer lawyers choosing to leave since he took over from Ryan.
That’s small consolation, given widespread press reports that Ryan had destroyed morale in the office with leadership that was incompetent, paranoid, and fueled by conservative ideological crusades. Now the question is whether a city whose criminal justice approach has been dictated by Ryan, Fong, and Newsom — none of whom would speak directly to the Guardian for this story — can also be reformed.

Immigrant activists seek Newsom meeting

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› news@sfbg.com

As cops pushed their way through City Hall’s crowded hallways the day after the presidential inauguration, telling immigrant-rights demonstrators to make a clear pathway, a woman pulled her friend closer to the wall.

"Be careful," she said in Spanish. "You don’t want to be detained."

The mostly Latino protesters placed a candle and an invitation to an immigrant rights meeting in front of each supervisor’s door. The event was meant to bid good riddance to George W. Bush and demand policy change from both President Barack Obama and Mayor Gavin Newsom in light of the escautf8g nationwide crackdowns on undocumented immigrants.

Angered by what they see as a lack of local political leadership in the face of federal assaults on San Francisco’s sanctuary city ordinance, the protesters, numbering in the hundreds, sang social justice songs and chanted "Si se puede" before stopping in front of the Mayor’s Office to shout, "Let us in!"

Organized by the San Francisco Immigrant Rights Defense Committee, a coalition of 30 organizations that has been working on an immigrants’ rights platform since last July, the action was intended to place additional pressure on Newsom to meet directly with activists.

Newsom has refused to hold a public meeting with immigrant-rights groups since announcing last summer that the city would contact federal authorities whenever youth suspected of being undocumented are arrested on felony charges. That means even innocent kids, arrested by mistake, could be deported.

Newsom’s abrupt policy shift came on the heels of a series of racially charged San Francisco Chronicle articles that hit newsstands just as he was announcing his intention to run for California governor.

Since then, SFIRDC has organized protests and met individually with nine supervisors to persuade them to uphold the city’s sanctuary ordinance and municipal ID program, and to work to stop Immigration and Customs Enforcement (ICE) raids, police checkpoints, and budget cuts to immigrant community programs.

To date, the four newly elected supervisors — John Avalos, David Campos, David Chiu, and Eric Mar, all direct descendants of immigrant families — along with two returning board members, Sups. Chris Daly and Bevan Dufty, have signed SFIRDC’s pledge.

But while Sup. Sophie Maxwell is said to be open to the idea and Ross Mirkarimi is likely to sign it, Sups. Michela Alioto-Pier, Sean Elsbernd, and Carmen Chu, Newsom’s closest allies on the board, have not.

SFIRDC co-organizer and Asian Law Caucus staff attorney Angela Chan said the coalition hopes Newsom will be receptive to the idea of a Feb. 25 town hall meeting, and that Obama will heed calls to stop raids and suspend detentions and deportations — moves that have increased in frequency locally since Joseph Russoniello was appointed U.S. Attorney for Northern California in December 2007.

"Russoniello’s priorities don’t seem to be in line with the Obama administration," Chan told the Guardian, further noting that the success of SFIRDC’s February 25th meeting, which will be held at the office of St. Peter’s Housing Committee, hinges on the presence of the mayor: If he doesn’t show, the discussion cannot move forward.

San Francisco’s 1989 Sanctuary Ordinance prohibits the use of city funds to enforce federal immigration law, but a 1993 amendment requires the city to report immigrants suspected of felonies to the federal government.

But San Francisco law-enforcement officials chose not to apply that rule to young people — until last summer’s policy shift. Since then, the Juvenile Probation Department has referred an estimated 100 San Francisco youth (who were arrested on suspicion of a crime, but not yet convicted) to ICE. The feds can detain undocumented youth in county jails with adult criminals or transfer them to other facilities, often in other states, without notifying an attorney or a family member.

"We want to narrow the 1993 felony exception to be applied only if a youth has gotten due process and been found to have committed a felony," Chan said.

The city’s crackdown is part of a larger national picture. The amped-up federal campaign against undocumented immigrants, a product of post-9/11 programs, began when ICE was created to replace the Immigration and Naturalization Service in 2003.

"There are victims of domestic violence who will not call the police because they are afraid of their families getting deported," Guillermina Castellano, a domestic worker and activist with Mujeres Unidas and La Raza Central, said at the protest."The main difference between now and before is the scale," said Francisco Ugarte, a lawyer with the Immigrant Legal Education Network. "It’s hard to describe the kind of fear that exists now."

Strange bedfellows

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GREEN CITY San Francisco’s bicycle community found itself in the strange position of encouraging Superior Court Judge Peter Busch — someone many cyclists revile for his strict enforcement of a far-reaching injunction against bike projects in the city — to reject a city-sponsored bike safety proposal during a Jan. 22 hearing. It was one more sign of the desperation bicyclists and city officials are feeling over the three-year-old ban on all things bike-related, from new lanes to simple sidewalk racks (see “Stationary biking,” 5/16/07).

Judge Busch denied a city motion asking for the authority to make safety improvements at intersections that have proven dangerous to bicyclists, as well as a specific proposal by the Municipal Transportation Agency (MTA) to remove the bike lane at the most dangerous of those intersections, on Market Street at Octavia Boulevard, where 15 bicyclists have been hit by cars making illegal right turns onto the freeway since the revamped intersection opened in September 2005.

But the San Francisco Bicycle Coalition and other bicyclists opposed the MTA proposal, arguing it would be more dangerous and holding a Jan. 16 rally at the site, which drew several supportive local politicians, including Sen. Mark Leno, Assembly Member Tom Ammiano, and Sups. Ross Mirkarimi, David Campos, and Bevan Dufty. “As people who ride through that intersection every single day, we believe the proposal would have made the intersection more dangerous. So I’m really relieved that the judge saw that,” SFBC director Leah Shahum told us.

She was less pleased with the judge’s refusal to relax the injunction, which stems from a legal challenge to the San Francisco Bicycle Plan. San Francisco resident Rob Anderson and attorney Mary Miles successfully sued the city in June 2006, arguing that the plan was hasty and did not include an environmental impact report (EIR), as required by state law, to determine how the plan would affect traffic, neighborhoods, businesses, and the environment.

“This case has been very discouraging because there are a handful of activists against bicyclists in the city,” City Attorney’s Office spokesperson Matt Dorsey said. “The hearing showed that the city has to go to court any time it wants to improve the streets for bicyclists.”

Although Judge Busch denied the city’s request to remove the bike lane, he hinted that the injunction would probably be lifted this spring with the completion of the Bike Plan’s EIR. “There was a strong message from the judge that he sees the bigger picture about getting the EIR done. It just needs to be complete and fair and accurate. Then the city can get back to work making the streets safer,” Shahum said.

Both Anderson and the SFBC, who usually agree on little, agreed on the judge’s latest ruling. Anderson advocates maintaining streets for cars and pedestrians, while the SFBC works to make roads safer for bicycles and encouraging bicycling as an important transportation option. Shahum urges city officials to rethink their approach to make Market and Octavia safer. “The city really does need to move on to the next steps to make the intersection better,” she said.

Although the number of bicyclists in San Francisco has doubled in recent years in light of volatile gasoline prices, the economic crisis, and greater awareness of global climate change, Anderson continues to argue that bicyclists will always be a minority interest, even in San Francisco.

“We have to make the streets as safe as possible without strangling the rest of the traffic,” Anderson told the Guardian. “Only a small percentage of the population in San Francisco use bicycles as their main mode of transportation. It’s not fair for the bike people to design the streets just to benefit them.”

Dorsey and Deputy City Attorney Audrey Pearson oppose Anderson, who has said bicycling is an inherently dangerous activity that the city shouldn’t be promoting. “As a policy, the city tries to discourage cars in San Francisco,” Dorsey said, referring to the longstanding “transit first” policies.

Now that the public comment period for the Bike Plan’s Draft EIR is over and Judge Busch has ruled to keep the bike lane at Market and Octavia, all parties are looking ahead to spring when the court is expected to lift the injunction on improving bike safety in San Francisco, unleashing nearly 60 new bike projects. That is, unless Anderson and Miles can find a way to stop them.

LAFCo to SFPUC: Hurry it up already!

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Supervisor David Campos sent a clear message at the Local Agency Formation Commission (LAFCo) meeting on Jan. 23, emphasizing that he was eager to move beyond the delays that have hindered progress on Community Choice Aggregation. Commissioners Michael Bornstein and Ross Mirkarimi — who represents District 5 on the Board of Supervisors — echoed his concerns, along with an array of community members who turned out to speak during the public-comment session. Meanwhile, a few members of the public warned that further delays might amount to missing the boat on federal funding for alternative-energy programs, which the Obama administration is expected to make available in the near future.

Campos, who represents District 9 on the Board of Supervisors, is also the newest LAFCo commissioner. The city agency is charged with monitoring and advising the San Francisco Public Utility Commission’s efforts to develop and implement a Community Choice Aggregation program, which was mandated in 2004 by the Board of Supervisors to help ensure the “provision of clean, reasonably priced, and reliable electricity.” A CCA program would allow the city and county of San Francisco to become its own wholesale power purchaser for citizens. The plan includes targets for purchasing power generated from renewable resources such as wind and solar, with a goal of 100 percent clean energy by 2040. But the process of getting CCA off the ground has been moving along at a snail pace.

BOS committee assignments

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By Tim Redmond

Board President David Chiu has released the list of committee assignments, which look good — there are three solid progressive votes on the Budget Committee. The winners: David Campos and Ross Mirkarimi both have three good committee assigments. The losers: Sean Elsbernd, who gets only one job. Not sure I would have put him in charge of the school district committee (I’d have put him on budget instead of Carmen Chu), but overall, I don’t think the progressives will have a lot to complain about.

(UPDATE: Elsbernd just called me to say that he had requested not to be on budget because his first child is due in June and he wants to have enough time to spend with his family. “And the biggest issue I hear about these days is education,” he said. He is thrilled with the assignment he got.)

Here’s the rundown:

Budget & Finance
John Avalos, Chair
Ross Mirkarimi, Vice Chair
Carmen Chu, Member
David Campos, Temporary Member
Bevan Dufty, Temporary Member

City Operations & Neighborhood Services
Bevan Dufty, Chair
Chris Daly, Vice Chair
Michela Alioto-Pier, Member

City & School District
Sean Elsbernd, Chair
Bevan Dufty, Vice Chair
John Avalos, Member

Government Audits & Oversight
Ross Mirkarimi, Chair
Eric Mar, Vice Chair
Sophie Maxwell, Member

Land Use & Economic Development
Sophie Maxwell, Chair
Eric Mar, Vice Chair
David Chiu, Member

Public Safety
David Campos, Chair
Ross Mirkarimi, Vice Chair
Michela Alioto-Pier, Member

Rules Committee
Chris Daly, Chair
Carmen Chu, Vice Chair
David Campos, Member

The challenges for President Chiu

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EDITORIAL The ascension of Sup. David Chiu to the presidency of the Board of Supervisors gives a relative political newcomer considerable power. It also puts Chiu in position to carry on the legacy of Aaron Peskin and lead the opposition to Mayor Gavin Newsom’s pro-downtown, pro-Pacific Gas and Electric Co. agenda. Chiu, obviously, lacks the experience Peskin brought to the job, so he needs to move carefully at first. But he also needs to show that he’s more than a compromise candidate and that he has the ability to lead the board and promote the progressive agenda.

Let’s remember: Chiu was elected president entirely by the six progressive supervisors. The way the vote went down, five people, including Newsom’s closest allies, stuck together as a solid bloc and repeatedly voted for Sup. Sophie Maxwell. Maxwell had come down to the Guardian office a few days earlier to tell us that she was a solid progressive, but we saw the future of the board playing out when the votes were counted. Maxwell and Sup. Sean Elsbernd, who both have voiced concerns about the prospect of an inexperienced person taking the top job, could have broken with their bloc and voted for Sup. Ross Mirkarimi — that would have put him over the top. But through seven votes, as the progressives moved around trying to find a candidates all six could support, the Newsom Five stuck together. (Of course, if it hadn’t been for Sup. Chris Daly’s ill-conceived antics, Mirkarimi would have been able to get six votes, and we would have had an experienced leader in place).

Although Chiu talks (as he should) about bringing everyone together, he needs to keep in mind from day one that he is now the most visible member of a six-person board majority that can control the agenda and the set the tone for the city — if none of the six starts to drift toward the squishy center.

It’s going to be a rough, brutal year. The mayor has already made clear through his comments that he doesn’t even want to look at new revenue measures; he intends to solve the city’s half-billion-dollar budget crisis with cuts — deep, bloody cuts — alone. Chiu will have to stand up to him, publicly and privately, and make clear that a cuts-only budget isn’t going to fly in San Francisco.

And while Chiu will need some time to develop a leadership style and become familiar with the often-complex workings of the board, he should do a few things right away to show that he’s prepared to take on the difficult tasks ahead:

Support Peskin’s proposal for a special election in June. The proposal to allow the voters to consider raising taxes instead of just cutting is going to need a lot of help and support. The mayor opposes it, and some of his allies may oppose it too. But it’s absolutely crucial that San Francisco refuse to follow the lead of Gov. Arnold Schwarzenegger. It’s crucial that the progressives, while acknowledging that cuts will have to happen, also insist on looking at fair revenue ideas. Chiu needs to take the point on this.

In fact, now that the mayor and his allies on the board have made this a central battleground — and in effect have made this a litmus test for Chiu’s new presidency — it’s even more important that every one of the six progressive supervisors stands up to this challenge.

We’re not sure which of the dozen-odd tax proposals floating around is the right one. But it would be the worst kind of foolishness to take the whole idea off the table.

Put good people on the key committees. The Budget Committee at this point looks good, with Mirkarimi, Sup. John Avalos, and Elsbernd. When that panel expands to five members (and it should, soon) Chiu should make sure that either David Campos or Eric Mar joins the committee, keeping a progressive majority. The Land Use committee will be crucial as the Eastern Neighborhoods plan is implemented; Chiu needs to appoint a progressive chair and majority.

Save LAFCO. The Local Agency Formation Commission is the only board committee that has public power and energy policy as its primary agenda. Budget-cutters (spurred by PG&E, which more than any other company is responsible for the budget crisis) have made LAFCO a target; Chiu needs to make it clear immediately that LAFCO will remain in place, with strong appointments and a chair committed to making community choice aggregation work and pursuing public power as the largest potential new revenue source for the city.

Chiu has promised to work with the mayor, which is fine. But first he needs to show the progressives who elected him that he’s also ready to do battle.

Six aren’t enough

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The historic Jan. 8 vote electing Sup. David Chiu as president of the Board of Supervisors — rare for its elevation of a freshman to the post and unprecedented for a Chinese American — clearly illustrates the ideological breakdown of the new board.

The six supervisors who claim membership in the progressive movement (Chris Daly, Ross Mirkarimi, David Campos, John Avalos, Eric Mar, and Chiu) gave Chiu the presidency after their efforts to give it to Mirkarimi or Avalos fell short, while the other five supervisors voted for Sup. Sophie Maxwell in each of the seven rounds, refusing to support any of the progressive picks.

But there are limits to what a bare majority of supervisors can do in San Francisco, particularly when the mayor is threatening vetoes and the city is wrestling with a budget deficit of gargantuan proportions. Overriding a mayoral veto or approving some emergency measures requires eight votes.

So the first question is whether Mirkarimi and Daly can come together after their split divided progressives and led to Chiu as a compromise candidate. But the second, more important, question for progressives is whether they can attract swing votes such as Maxwell and Bevan Dufty when the need arises.

The answers to those questions could start coming immediately as supervisors consider proposals to close a looming $575 million budget gap, including the proposal for a special election on revenue measures in June. Mayor Gavin Newsom opposes that election, so the board would have to muster eight votes in the next month to move forward with it.

They might even need more than that. A confidential memo to supervisors and the mayor by the City Attorney’s Office that was obtained by the Guardian sorts out the complex requirements needed to approve new taxes, including the requirement of unanimous board approval to place tax measures that can be passed with a simple majority vote on the ballot this year.

So President Chiu, who pledges to bring his colleagues together, certainly has his work cut out for him.

 

POLITICS AND POLICY

Achieving a unanimous vote on anything significant or controversial seems impossible right now. Mirkarimi is unhappy with Daly for thwarting his presidential ambitions; Maxwell and Dufty are unhappy with progressives for keeping her out of their club; and Chiu must quickly learn his new job during a time of unprecedented turmoil.

Chiu told his colleagues that he was “incredibly humbled” by an election that he didn’t think he’d win, and said that he is “acutely aware that I am new to the institution and the body.” But observers say Chiu’s temperament, intelligence, and connections to both the business community and the progressive movement could serve the city well right now.

“I think Chiu is a great choice. He has the humility that will help him,” outgoing Sup. Jake McGoldrick told the Guardian.

This compromise pick for president was praised by all sides, from the progressive coalition that feted him after the vote at a party at the SoMa club Temple. Rob Black, government affairs director for the San Francisco Chamber of Commerce, told reporters that “David seems to be someone who is very willing to listen and willing to ask questions.”

“We have a progressive supervisor running the board,” Mirkarimi told the Guardian as he walked back to his office following the vote. Or, as Daly told us, “In the end, the progressive coalition stuck together and I’m happy about that.”

Walking back to Room 200 after the vote, Newsom told reporters that Chiu was “an outstanding choice” who represents “a fresh air of progress.” Asked whether he expects to have a better working relationship with Chiu than with outgoing president Aaron Peskin, Newsom replied, “That’s a gross understatement.”

“We’re looking forward to working with the new Board of Supervisors,” Newsom spokesperson Nathan Ballard told the Guardian after the vote. “The mayor has a long relationship with David Chiu. In fact, he was on our short list to be named assessor just a few years ago.”

Yet at the progressive party that night, Chiu sounded like a rock-solid member of that group, promising to help Mirkarimi with police reform, Campos with protecting undocumented city residents, Mar with strengthening city ties to the schools, and Avalos with safeguarding progressive budget priorities.

“I think this is the best outcome we could have,” Mirkarimi told the Guardian shortly after Chiu was elected. “I was the deciding vote that delivered Sup. David Chiu, the first Asian American president of the board. That doesn’t mean that the seasoned experience of Maxwell and myself wasn’t hard to pass by.”

In fact, both Dufty and Maxwell groused about the progressive bloc’s opposition to Maxwell, noting her positions on issues such as public power, affordable housing, and transportation issues. “The people that voted for me did so because they felt I would at least listen to them,” Maxwell told us, expressing frustration at not being accepted “by the board’s progressive clique” which, she noted, “are all males.”

“I think David will be great,” Dufty told the Guardian. “Obviously there was a desire to have someone strongly aligned with the progressive movement. I think it’s a mystery that Sophie isn’t considered part of the progressive movement.”

Progressives are going to have to work at resolving those differences if they are going to play a leadership role in the midyear budget cuts and prevent an expansion of the bloc of five supervisors who stuck with Maxwell and often align with the mayor.

“There has been tension between Ross and myself, but also between Sophie and Ross,” Daly told us. “Sophie is feeling that she might be a progressive, too. And some of the things we do on the board need eight votes. The rift between Ross and I is little. The real question is, when do we get Bevan and Sophie back?”

After fending off a progressive challenger in his reelection bid two years ago, Dufty seemed to move to the left, only to return to Newsom’s centrist faction — which mixes social liberalism with fiscal conservatism — in the last year. He prevented progressives from being able to override a mayoral veto of their decision to cancel $1 million in funding to Newsom’s Community Justice Center. And on Jan. 6, the old board delayed a vote on a mayoral veto of an ordinance that amends the Planning Code to require Conditional Use hearings and permits for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units, something sought by the tenant groups that are an important part of the progressive coalition.

Those issues, and the thicket that is the budget debate, illustrate what Daly admitted to us last week: “We can’t run this city with six votes.”

 

THE BUDGET MESS

The most pressing problem facing the new board is the budget, which requires $125 million in midyear cuts for the current fiscal year and will be an estimated $575 million out of balance for the fiscal year that begins in June. Chiu’s first move to deal with it — one lauded by progressives — was to name Avalos as budget chair.

“John Avalos has more experience on budget issues than me,” Daly, who chaired the Budget Committee for two years, said of his former board aide. But even Avalos was awestruck by the tsunami of bad budget news hitting the city, telling us, “I was visibly shaken.”

Mirkarimi and Elsbernd, the Budget Committee’s two other current members, also admit they face a daunting task.

“We can’t put a Band-Aid on the problem,” Elsbernd told the board last week. “This is not just about San Francisco now, but about San Francisco 20 years from now. We need to think about the next generation.”

Mirkarimi agrees with Elsbernd, at least in terms of the enormity of the problem.

“We cannot be incrementalist. We can’t dance around the edges,” Mirkarimi told his colleagues, shortly after making the surprise announcement that he’s expecting a child in April with Venezuelan soap opera star Eliana López, who he’s dated since meeting her last year at a Green Party conference in Brazil. Elsbernd and his wife are also expecting their first child.

Progressives strongly argue that such a large budget deficit can’t be closed with spending cuts alone, so one of Peskin’s final acts was to create legislation calling a special election for June 2 and having supervisors hold hearings over the next month to choose from a variety of revenue measures, but Newsom and the business community opposed the move.

“Basically, it’s not fully baked. It will take a citywide coalition (à la Prop. A) to win something like this and the coalition just hasn’t been built yet,” Ballard told the Guardian. Even Mirarimi echoed the sentiment, telling the Guardian, “I’m not opposed to a June election, but you can’t put something on the June ballot that’s half-baked because I doubt we could win in November if we put something half-baked on in June. My preference is that we work harder to create alliances to assure a healthy chance of getting something on the ballot and delivering a victory.”

Yet many progressives and labor leaders say it’s important to bring in new revenue as soon as possible, particularly because the cuts required by the current budget deficit would slash about half the city’s discretionary spending and devastate important initiatives like offering health coverage to all San Franciscans.

“For Healthy San Francisco to survive, the Department of Public Health has to have a minimum level of funding,” said Robert Haaland, a labor representative with the public employee union SEIU Local 1021. “Given the cuts that have been proposed, it’s not going to survive.”

While Peskin was criticized for acting prematurely, the City Attorney’s Office memo indicated that he couldn’t have waited and still allowed supervisors to play the lead role in determining what ended up on the June ballot. The memo was requested by Daly.

“In response to your specific inquiry about maximizing the amount of time a committee could deliberate the underlying measures and ensuring that the Board would have enough time to override a Mayoral veto, the emergency ordinance and the resolution calling for the special election should be introduced today,” the City Attorney’s Office wrote Jan. 6, the day Peskin introduced his revenue package.

Even then, supervisors would need to vote to waive certain election procedures, such as the 30-day hold for proposed ballot measures, and to move expeditiously forward with hearings, selection of the tax measures, and preparation of findings related to the special election and declaration of fiscal emergency.

The City Attorney’s Office wrote that the package needs final approval by Feb. 17. “We recommend that to meet this deadline, the Board adopt the resolution at its January 27 meeting and that the Mayor sign the resolution no earlier than February 2,” they wrote.

But Newsom has indicated that he would veto it, thus requiring eight supervisors to override. “Aaron had the right to do what he did, but in some ways he rushed the discussion, so it’s been a bit rockier than it otherwise might have been,” Dufty told us, noting that he’s still open to supporting a June ballot measure. “There is no way to avoid spending cuts, and we need more revenues and more givebacks from public employees … I think labor is spending a significant amount of time with the mayor, and he’s making a strong effort to work with the board. I’m trying to encourage us all to work together to the maximum extent possible.”

In fact, San Francisco Labor Council director Tim Paulson told the Guardian he couldn’t talk about the tax measures yet because of intense ongoing discussions. Ballard said Newsom might be open to tax measures in November, telling the Guardian, “Ideally we could do it all by streamlining government, reducing spending, etc. But the mayor lives in the real world and so he is open to the possibility of a revenue measure with a broad base of support.”

So, can the new board president help coalesce the broad base of support that he’ll need to avoid cuts that would especially hurt the progressive base of unions, tenants, social service providers, affordable housing activists, and others who believe that government plays an important role in addressing social problems and inequities?

“In light of the global meltdown, national slowdown, local crisis, and largest budget deficit in history, I believe this board understands the importance of unity and working together,” Chiu told his colleagues. “We don’t have time for the politics of personality when we have the highest murder rate in 10 years, when businesses are failing, and the budget deficit grows exponentially.”

The path to President Chiu

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By Steven T. Jones

How did David Chiu, the supervisor with the least experience in government, end up as president of the Board of Supervisors? And what does it say about the role that ideology and alliances will play in a city that’s wrestling with a dire economic situation?

I have some thoughts on both of those questions, but first, let’s run through how today’s voting went down because it illustrates the political dynamics now at work in City Hall. It’s important to understand that there was a split in the board’s progressive majority, which includes Chiu, John Avalos, David Campos, Eric Mar, Chris Daly, and Ross Mirkarimi.

After the last election in which the first four of those progressives first won their supervisorial seats, Daly (and to a lesser degree, Avalos) privately began to challenge Mirkarimi’s bid for president, for reasons both personal and political. But they pledged to vote for a progressive and began promoting the idea that one of the four freshmen get the job.

That move raised the possibility that Mirkarimi (a Green who was the top supervisorial vote-getter in November and a strong contender for mayor) might look for some moderate votes, or perhaps even support a moderate pick like Sophie Maxwell or Bevan Dufty. That was the stage that was set for today’s vote.

Live from City Hall

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By Steven T. Jones

City Hall is packed with people here to watch the election of the new Board of Supervisors president, both in board chambers and the overflow area of the North Light Court. The nominees (in order of nomination) are Chris Daly (who nominated himself), Sophie Maxwell (nominated by Bevan Dufty), Ross Mirkarimi (nominated by David Campos), John Avalos, and David Chiu (those last two nominated one another).
Public comment is now underway and should take awhile. Stay tuned because I’ll announce the winner as soon as there is one.

Ammiano, Yee take on BART police

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By Tim Redmond

There’s action on the state level to force the BART Board to create some level of civilian oversight for the BART police.

The action comes in the wake of the fatal shooting Jan. 1 of Oscar Grant — an apparent case of gross police misconduct caught on numerous cell-phone videos.

Assemblymember Tom Ammiano and state Sen. Leland Yee are introducing legislation to require some form of civilian oversight for the BART police. The state has every right to do that; the BART police only exist as a force with full peace officer powers because the state Legislature granted BART that authority in 1976.

Yee and Ammiano were responding to the shooting and to a Guardian editorial pointing out the long history of problems with the BART police and calling for civilian oversight.

Sup. David Campos will introduce a similar resolution at the Board of Supervisors soon.

Meanwhile, the BART police are saying they can’t talk to the officer because he’s resigned. That’s such nonsense — the guy is no longer a cop, so Internal Affairs can’t question him, but he is, by any standard, a homicide suspect, and the BART police, Oakland police and Alameda County Sheriff’s office can all seek to question him.

In fact, it’s likely he resigned because his lawyer suspects there might be criminal charges.

The class of 2008: an agenda

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OPINION Every few years, San Francisco’s political landscape is remade. But we, the new arrivals of the Board of Supervisors’ Class of 2008, know that the last decade of district elections helped ensure that the supervisors truly represent our neighborhoods and our shared San Francisco values.

Despite various efforts by special interests to paint us as out of step with everyday San Franciscans, the very strength of our campaigns was that they were rooted in the lives of actual residents who understood the choices before them. We campaigned on the best of our experiences — neighborhood activism, labor and community organizing, running nonprofits and small businesses, and championing public education and police accountability.

Despite our different districts and diverse constituencies, we rallied voters around real San Francisco values — the faith in the role of government to protect the most vulnerable and bring forth justice and equity; the trust in grassroots democracy and neighborhood-based activism; the pursuit of a safe and clean environment and sustainable development; the belief in the sanctity of immigrant, labor, and LGBT rights; the dignity of working families, seniors, and people with disabilities; and the pursuit of housing justice and economic opportunity for all.

While the Class of 2000 paved the way on many of these progressive values, we enter public office ready to build on this foundation while rising to the new and enormous challenges of today. San Francisco is not just facing a fiscal crisis; we are facing a quandary in which city government cannot do all that it aspires to do.

Our agenda is no less ambitious for the crisis we are in. It is because of the crisis that we need to create opportunity, direction, and hope where there is violence, confusion, and despair. Our San Francisco values mean that we will tackle public safety by addressing the root causes of violence by seeking rehabilitation and restorative justice and push for real police reform by promoting the kind of community policing that is built on relationships between neighborhood residents and the police.

Our San Francisco values prompt us to make our city budget more transparent. We will initiate new programs only with the certainty that important services are not cut in the process. We will do our best to protect critical frontline city workers from privatization and layoffs.

We will work collectively to maintain the city’s commitment to its public schools; promote public transit; foster sustainable development and new affordable housing connected to green and well-conceived public infrastructure; promote community choice aggregation and public power based on renewable energy; support local businesses and the hiring of San Francisco residents; safeguard our sanctuary city to make sure that immigrants can live free from fear of ICE raids; and fight to keep our vital neighborhood services working and our parks, libraries, and senior centers thriving.

We are committed to ushering in a new tone of cooperation and unity in San Francisco. Despite the enormous challenges and contending political views within the city family, we will work to ensure that our neighborhoods always win out over special interests. After all, politics is about improving the lives of everyday people. We look forward to working with you in this noble effort.

Supervisor John Avalos represents District 11. Supervisor David Campos represents District 9. Supervisor David Chiu represents District 3. Supervisor Eric Mar represents District 1.

BART Police: Hope for reform?

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By Tim Redmond

The shooting of Oscar Grant, which was captured on several videos, may become for the BART police what Rodney King was in LA: An incident so outrageous it sparks public demand for reform.

The BART Board is still largely missing in action here (although Tom Radulovich, who represents San Francisco, says he supports a move for civilian oversight and will push it if he can get a few other votes). But Assembly Member Tom Ammiano told me he’s looking at what the state Legislature can do here, and Sup. David Campos told me he’s going to introduce a resolution calling on BART to create a credible civilian oversight system.

I talked about this on KQED’s Forum this morning, and urged people to call the BART board members and demand action. The problem, frankly, is that a lot of the people on the BART board are lazy — they don’t want to put in the time or do the work necessary to properly monitor the 200 armed officers they send out to patrol the trains. That’s unacceptable, and they need a swift kick in their collective asses. Maybe a push by the state, and all of the cities tha BART passes through, will help.

By the way, BART’s chief spokesman, Linton Johnson, is kind of a problem. He walked off in the middle of the show ths morning, saying someone on his staff had called in sick. And in an interview last night, when he was asked why BART still hasn’t interviewed the officer, he suggested we all look at it “from the officer’s perspecitive.”

Uh, no, Mr. Johnson — you’re management. You have to look at it from the public’s perspective.

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