Ed Lee

Stealing an election — and more

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news@sfbg.com

OPINION The emergence of apparent voter fraud that mars San Francisco’s mayoral election rightly resulted in calls for a federal investigation and federal monitors. It’s not the political interests of rival candidates that are at issue. It is the consequences of a dishonest election process for our city and its future.

Almost exactly 20 years ago, the McArthur Foundation, home of the genius awards, recognized the Democracy Index for showing the connection between voter participation and election and campaign reforms. The group found that the greater the transparency in political contributions, the stronger the protections against pay-to-play politics, and the greater protection against voter fraud, the higher voter participation climbed.

Today it doesn’t take a genius to recognize that sleazy tactics, end-runs around campaign rules, and dubious voting schemes do as good a job suppressing voter interest as the Republicans did in Florida in the 2000 election victory of George W. Bush, or poll taxes did in the past.

In this year’s mayoral election, we appear to be headed toward the bottom of a slippery slope. Campaigns hungry for advantage aren’t slow to recognize loopholes; soon a loophole becomes a strategy. What follows then is to push the envelope over the line. A candidate’s honorable intentions too quickly fall prey to the politics of convenience.

This year, with an interim mayor pledged not to run for election and thus avoid the entanglements of political self-interest, the expectation was raised high.

“My goal is to restore the trust in the mayor’s office of the past,” Mayor Ed Lee said in an interview just two weeks after assuming office.

In the ensuing months, Lee’s posture changed. He would be no better than the minimum standard required in the law, he said in his interview with the San Francisco Examiner.

He would not release the names of his finance committee, he claimed that a Run Ed Run effort was blameless after the Ethics Commission found a loophole that left them outside the city’s campaign laws, he complained that keeping track of contractor contributions was burdensome paperwork that he should be spared, and he maintained a close relationship with the leaders of independent expenditure committees while insisting he knew nothing of their activities.

When new tools can provide citizens with near instant access to everything from when the next bus comes to restaurant inspection scores, Lee’s campaign is supported by efforts that are deliberately opaque, designed to misinform if not to mislead.

Clearly this is not a mayor trying to leave the city, or its political process, better than he found it.

A 2011 mayoral victory under fraudulent terms would make everyone a loser, regardless of candidate preference.

It’s not just an election that might be “stolen” by unethical or illegal manipulation.

We would be defrauded of what we are entitled to have: the chance for all of us to forge a better future for the city without our optimism shattered by dishonest, unethical practices. That should not be sacrificed for anyone’s political advantage…

Larry Bush publishes citireport, a journal of politics and money

 

Avalos offers resolution supporting OccupySF and its camp

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In the wake of last night’s violent police raid on the Occupy Oakland encampment (a still-tense situation that we’re now on the scene covering) and two similar late-night police crackdowns on OccupySF in recent weeks, Sup. John Avalos and co-sponsors Eric Mar and David Campos are introducing a resolution at today’s San Francisco Board of Supervisors meeting that calls for the city to explicitly allow the OccupySF encampment and its related infrastructure to remain.

That resolution (the full text follows below), which Avalos legislative aide Raquel Redondiez says will be the subject of a special hearing on Monday before being considered by the full board on Tuesday, Nov. 1, grew out of testimony from OccupySF participants that Avalos solicited at last week’s board meeting following a late night police raid on Oct. 16 that resulted in five arrests and many injuries.

As we report in this week’s paper (see “Mixed messages,” to be posted this evening, Tues/25), at that Oct. 18 board meeting, Mayor Ed Lee took the position that no tents, kitchens, or other infrastructure would be permitted, a stance that Police Chief Greg Suhr seemed to soften slightly at a raucous Police Commission hearing the next day. In the face of those mixed messages, OccupySF grew into a full-blown tent city in Justin Herman Plaza and there have been no real conflicts with police since.

Both the San Francisco Police Department and the Mayor’s Office were slow to respond to messages we left all week seeking to clarify the city’s policy toward OccupySF, but both finally got back to us last night after the article had gone to press.

SFPD spokesperson Daryl Fong told us, “We’re still currently doing daily safety inspections at Justin Herman Plaza and continuing to provide leafletting…We’re educating the campers about violations and concerns for public safety,” such as unsanitary conditions or unsafe camping structures.

But he said OccupySF hasn’t been given any deadlines for removing structures and there are no current plans for another raid. “Our goal is to get compliance from the campers voluntarily,” he said. “This situation is being continually monitored as it progresses.”

When we asked the Mayor’s Office about the contradiction being Lee’s stance and the city’s reaction to the growing tent city, Press Secretary Christine Falvey wrote, “The mayor’s position on Occupy SF has not changed. He has directed his departments to facilitate peaceful protest, but not allow structures, tents, or a permanent campsite. He wants to ensure the area is safe for demonstrators and the general public. If you have been to the site, you may have seen the Fire and Public Health Departments conducting inspections for public health and safety concerns and you may have seen Recreation and Park and Police staff informing people of the parks and public safety codes that prohibit camping equipment. Individuals are being informed daily of this and the city’s Homeless Outreach Team is offering services to anyone in the area who may need it. The policy stands and departments are educating the group about what is and is not allowed and the mayor expects those who want to use the space to protest, to follow the rules.”

But OccupySF protesters say they have no intention of leaving the space, believing it’s their right to be there as part of a national movement spotlighting the greed and corruption of the wealthiest 1 percent of Americans. And when I told Falvey that the encampment seems to defy the mayor’s stated position, she wrote, “The mayor has asked several departments to enforce the existing codes, and I understand a number of informational contacts have gone out daily to educate those using the plaza about what is allowable in addition to Fire and Public Health inspections to make sure open flames or dangerous materials are not being used or stored at the site.”

I told her that didn’t address my question, and I asked for a reaction to the Avalos legislation that would explicitly allow “tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food,” which is the reality now on the ground. I’ll update this post when I get a response.

In the meantime, here’s the full text of the resolution:

[Expressing Support for Occupy Wall Street Protest Movement and the People’s Right to Peaceful Assembly in San Francisco]

Resolution Supporting the Occupy Wall Street Protest Movement and Urging Mayor Lee to Uphold People’s Right to Peaceful Assembly and Collaborate with Occupy SF to Ensure Safety of the Protestors, their Supporters, and the Greater Public.

WHEREAS, “Occupy Wall Street” was formed by a broad spectrum of people coming together to protest the corporate-serving economic and political system controlled by the 1 percent, profiting at the expense of 99 percent of the people; and

WHEREAS, Three years after the current financial crisis caused by Wall Street speculators and profiteers, the unemployment rate in the United States is still at the highest level since the Great Depression with the unemployment rate in San Francisco currently at 8.3 percent; and,

WHEREAS, The United States’ major banking institutions, which have been bailed-out by the government and United States taxpayers, have done little to prevent massive foreclosure of residential properties or support the revitalization of local economies by sustaining small businesses; and,

WHEREAS, Since 2008, there have been 1.2 million foreclosures in California, with 12,410 homes in San Francisco alone; and,

WHEREAS, The “Occupy Wall Street” protest movement has struck a chord with the people of the United States and around the world, inspiring over 900 similar protests and solidarity actions across the country, where tens of thousands of people have come out to express their deep indignation against Wall Street greed and systemic socio-economic injustices; and,

WHEREAS, The “Occupy” demonstrations are a rapidly growing movement of people from all walks of life with the goal of occupying public space in order to create a shared dialogue and assert demands for economic justice; and,

WHEREAS, The “Occupy” demonstrations have been supported by the California Nurses Association/ National Nurses Association, American Federation of Labor -Congress of Industrial Organizations, Change to Win, International Longshore and Warehouse Union-International, Teamsters Joint Council 7, Services Employees International Union, Laborers International Union of North America, and many others; and,

WHEREAS, The OccupySF demonstrations began in September with small gatherings of people and have since grown and gained supported from thousands of individuals, community and faith-based organizations, and unions; and,

WHEREAS, On October 12, a 500-person march and civil disobedience organized by local community groups received national media attention, exposing the struggles of San Francisco residents against foreclosure, corporate control, and spiraling unemployment; and,

WHEREAS, The October march and protest action culminated in civil disobedience and, despite the arrest of 11 people, lacked any antagonistic conflict between the police and protestors; and,

WHEREAS, Similar to demonstrations in hundreds of cities across the United States, OccupySF demonstrators are asserting their rights to free speech and peaceful assembly 24 hours a day, seven days a week, in order to create public dialogue around corporate control of the political process and public space; and,

WHEREAS, Numerous and various groups continue to join the protesters at OccupySF, including an interfaith clergy contingent and the California Nurses Association, which has set up a First Aid tent to support the protestors and help ensure public safety; and,

WHEREAS, The City of San Francisco has a right and duty to ensure the safety and security of the general public including the protestors and their supporters; and,

WHEREAS, Since the beginning of the protest, City actions have resulted in the confiscation of food, tents, sleeping bags, and other belongings from the OccupySF demonstrators as well as causing preventable injuries and arrests; and,

WHEREAS, The City has a lengthy and proud history of political protest and has upheld the rights of people to free speech, freedom of assembly, and peaceful protest; and,

WHEREAS, With clear leadership from the Mayor, City departments can set a tone of cooperation and collaboration with OccupySF protestors and supporters, help mitigate harm, and address any public safety, health and sanitation concerns, all while avoiding unnecessary conflict; now, therefore, be it

RESOLVED, That the Board of Supervisors supports the Occupy Wall Street protest movement and the rights of all who protest to assemble peacefully and enjoy free speech in the City and County of San Francisco; and, be it

FURTHER RESOLVED, That the Board of Supervisors recognizes that Free Speech and Freedom of Assembly should not be limited to daytime nor short-term activities and we deem the need of protesters to have tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food reasonable; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges the Mayor, the Police Department, and other City agencies to uphold the rights of protestors to political speech and public assembly, and to recognize that the full exercise of such rights requires that participants are able to attend to the needs of everyday life, and have a space free from harassment; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee to direct the Recreation and Park Department, the Department of Public Works, the Police Department, and other City agencies, as relevant, to be flexible and to collaborate with protestors for the safe sharing of public spaces, in which demonstrators can exercise their political rights and the City can address legitimate safety concerns while avoiding unnecessary antagonism; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee, in order to prevent further harm and conflict to any members of the public, including protestors of OccupySF, to direct the Police Department to ensure that there will be no use of force to dislodge the OccupySF demonstrators and confiscate their belongings.

Lee fraud bumped by Hammer

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The San Francisco Chronicle finally — finally — put the story about voter fraud by Ed Lee’s supporters on the front page Oct. 25, and it was on the top of sfgate for a few hours. But by 11:30 a.m., the story was off the front page of the paper’s website, buried where it’s impossible to find without searching — and replaced by a big story about this bizarre Ed Lee rap video featuring Hammer, will.i.am and Brian Wilson. It’s almost a joke, the video, a cartoon version of a music video featuring young women chanting “Ed Leeeeee” and lyrics that just about left me speechless:

My my my, music hits me so hard,
Newsom left and they put him in charge,
Thank you, for blessing me,
and the rest of the city with Mayor Ed Lee
Got us all sayin’ “Run Lee Run”
Only five-foot-five but he gets (bleep) done
So tell them other candidates to find a bus pass,
Unless you ridin’ with us…FEAR THE MUSTACHE!

It’s almost like Rappin Ronald Reagan. Except that one was actually funny.

So: A real, serious story about the kind of dangerous sleaze that we can expect from an Ed Lee administration is bumped off the top of the city’s daily newspaper website to make room for a weak joke. Go Chronicle. Go sfgate.

Lee under fire over voter fraud accusations (VIDEO)

    Just over two weeks before election day, allegations of voter fraud carried out by agents of an independent expenditure committee created on behalf of Mayor Ed Lee threw a curveball into the San Francisco mayor’s race. Lee has been the clear front runner for months.

    Volunteers for Sen. Leland Yee, a mayoral candidate, accused Lee supporters working on behalf of the San Francisco Neighbor’s Alliance in Chinatown of marking ballots for San Francisco voters, guiding ballot selections with stencils, and collecting ballots in a bag, in apparent violation of election law. Videos of a voting station where the activity occurred were shot by Yee volunteers and aired on major media outlets.

    An onslaught of questions about these accusations were directed at Lee at a campaign event Oct. 24, in which Lt. Gov. Gavin Newsom, the former San Francisco mayor, announced his endorsement for Lee’s candidacy. Lee sought to distance himself from the independent expenditure committee in question, saying his own campaign has kept things clean. The mayor said he supported his rivals’ calls for investigation into any “fishy business,” and supported the idea of bringing in federal election monitors.

    Here’s a video of Lee getting the third degree from reporters at the press event, which was held in the office of a SoMa-based tech company called BranchOut.

Video by Rebecca Bowe

A vote-fraud video primer

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The Leland Yee campaign has produced a nice little video primer on the Ed Lee vote scandal. It’s short, to the point, and gives you a sense of what has been going on with volunteers who are supposedly independent from the official Lee campaign. Check it out after the jump.

WashPost gets the headline right

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Somehow, you never see headlines like this in the Chron:

Former SF Mayor Newsom endorses hand-picked incumbent Ed Lee amid ballot tampering charges

Pretty much says it all.

Ed Lee’s voter fraud problem

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I realize that Mayor Ed Lee has denounced what appears to be clear voter fraud, but he has a problem and it’s not going to go away. Lee has allowed himself to be surrounded by the same sort of sleaze artists who circled around the administration of Willie Brown, doing the same sorts of things. And simply calling this crew and its actions “moronic” isn’t going to cut it.

Does anybody really believe that there’s no connection at all between Lee and the San Francisco Neighbors Alliance or the other independent expenditure committees working for Lee? No way that Rose Pak, Lee’s friend who meets with him regularly, is communicating with Enrique Pearce, the consultant for the IE, who worked with Pak on the Run Ed Run committee?

Does anybody really believe that this kind of activity would continue if Lee really wanted it to stop?

Lee’s supporters say the guy is new to this level of politics and is a little naive about the rules. Sorry — that’s not an excuse. The last thing we need is a mayor who doesn’t understand how important honest, open government is and who can’t figure out how to keep the likes of Enrique Pearce in line. Because then we get Willie Brown all over again.

Brown’s administration was full of lobbyists and so-called independent operators who had the mayor’s ear, got what they wanted — and had no accountability to anyone. Brown also had some problems with election laws.

This is a bad sign, and the district attorney ought to be investigating, fast — and releasing the results before Election Day.

 

SFPD allows OccupySF to grow into a tent city

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Photos by Steven T. Jones, who also contributed to this report.

It seems the San Francisco Police Department is laying off the OccupySF encampment, at least for now. After top city officials sent mixed messages to the occupiers during a pair of high-profile hearings in City Hall this week, a full-blown tent city with working kitchen and medical tent has now been erected in Justin Herman Plaza.

During the Board of Supervisors meeting on Tuesday, Mayor Ed Lee voiced support for the movement’s message, but said that tents, tarps, and cooking in the plaza or in OccupySF’s presence on the sidewalk in front of the Federal Reserve wouldn’t be tolerated.

A string of protesters testified against the policy and the two recent police crackdowns, which was also criticized by John Avalos and other progressive supervisors who are working on a legislative solution to the standoff. But at the Police Commission hearing the next night, Police Chief Greg Suhr seemed to announce that police would stand  down and allow the encampment to continue.

Protesters packed the meeting and disrupted the proceedings with chants of “SFPD where is your humanity” and accusations of police brutality at several recent raids of their camp. Many representatives made public comments condemning police brutality and repression of the protests, and many speakers also connected it with a broader problem of police harassment, notably in Bayview-Hunters Point.

Said OccupySF protester Christopher Ray: “Obama himself does not have the right to come tell us to stop, to tell us to take down our tarps, to tell us we can’t eat, to cook food, to sleep there. Period. You would have change the Constitution of the United States in order to do that. We’re not leaving.”

By the end of the long meeting, Suhr expressed support in what seemed like a promise to OccupySF: “We have no future plans to go into the demonstration. We know that it’s for the long haul. We did work, or, I’m told that we were trying to work all day Sunday to take down the tarps and the structures. We did meet last week and I did provide a written notice that’s been provided wholesale since down there. We realize that this movement could go on indefinitely, and as such, I’m actually working with the Mayor’s Office personally to put the port-o-potties and the handwashing stations down there to provide sanitation. I don’t know that anybody’s doing that. And in other towns where this movement has grown and is very large, they’re already experiencing things like dogs that have bitten people, rats, sanitation issues, the lack of running water so I can assure you that our efforts are to keep it safe and to facilitate the First Amendment demonstration.”

His statement was meant with a cry of “Now that’s what I’m talking about!” and thunderous applause from the chamber, and the OccupySF movement has interpreted the remarks as permission for the encampment to continue without further police harassment. Guardian calls to the SFPD Public Affairs Office to clarify the policy have not yet been returned.

By last night, the encampment’s numbers and infrastructure had grown — with a kitchen producing group dinners and new tents being added throughout the evening — and there seemed to be only a cursory police presence. Many protesters were essentially declaring victory, telling the Guardian that the numbers only grew after each police raid, expressing hope that the city has now had a change of heart. 

This comes after a rocky history of SFPD relations with the protest. On October 5, police issued a notice requiring all tents at the encampment to be removed. Protesters complied, but police still moved in, confiscated all the protest’s materials, and ended up making one arrest in the ensuing altercation. Since, OccupySF has mostly refrained from erecting any structures; instead, the growing numbers, now an average of 200 per night, sleep on the sidewalk. When they put up two tarps when weather turned rainy on Sunday the 16th, the result was another nighttime police raid, this time with five arrests and several injuries to demonstrators.

Yet the next morning, protesters had strung up more tarps.  And in the past few days, many have pitched tents. Now, tents number over 40, and the police are yet to raid.

On Thursday, California Nurses Association and the National Nurses Association worked with OccupySF’s medic team to set up a medical tent. The tent has been sorely needed for a while, but it is only recently that supporters of the protest felt safe creating it.

When the tent was put up, police came and circulated a notice that had been issued on Oct. 1 stating, “Tents, overhead tarps, and/or wooden pallets are not to be within the demonstration area unless appropriate permits are obtained because of the potential hazard they present.” But police exited without attempting to enforce this notice, and as of now the medical tent, complete with a cot and a growing stock of supplies, is still in place.

Said Pilar Schiavo, an organizer with CNA who has been working with OccupySF: “We were able to provide treatment to a bunch of occupiers today.” She says there are many at OccupySF with no other access to health care besides the new tent. “It’s just basic first aid so far, but a little goes a long way here. One had a broken finger from Sunday’s raid.”

Schiavo says when they set up the tent early Thursday morning, protesters Tweeted, Facebooked, and otherwise put out calls for needed medical supplies. Shiavo was proud to report that “supplies started showing up an hour later.”

Just a short BART ride away, city officials in Oakland have accommodated Occupy Oakland and it has grown into a large tent city with ever-improving infrastructure and organization. Perhaps OccupySF is now headed down the same path.

Editorial: Mayor Lee is tough as hell on Occupy SF protestors, but keeps City Hall safe for PG@E and the downtown gang

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And so Mayor Ed Lee once again shows his true colors:  he is tough as hell on Occupy SF protestors and, unlike every other mayor in every other U.S. city,  sends in the cops to roust them out in  two midnight raids and trumpets the word  by bullhorn from the mayor’s office that he will harass them until the end of time. Meanwhile, he is is quietly sending  sending out the message that under his stewardship that City Hall will be safe for PG@E, the downtown gang, the big developers, the bailed banks, and the feds who are going after the dispensers of medical marijuana and the newspapers who run their ads.  (Full disclosure: that’s us at the Guardian.)  B3

EDITORIAL This is what civility and compromise looks like:

At a little after 10 P.m. Oct 16, a squadron of San Francisco police equipped with riot gear raided and attempted to shut down the OccupySF protest. It was the second time San Francisco has embarrassed itself, becoming the only major U.S. city to attempt to evict members of the growing Occupation movement — and this time, the cops used a lot more force.

The first crackdown, on Oct. 5, was supposedly driven by concerns that the activists were using an open flame for their communal kitchen without the proper permits. This time around, the alleged lawbreaking was confined to a Park Code section that bans sleeping in city parkland after 10 p.m. And since Justin Herman Plaza, where OccupySF is camped, is technically under the jurisdiction of the Recreation and Park Department, that ordinance could be enforced.

But let’s be serious: The encampment endangered nobody, and if any Rec-Park officials had actually complained, the police couldn’t provide their names. This was all about rousting a protest against corporate greed and economic injustice. It came with police batons, several beatings and five arrests.

And the mayor of what many call the most liberal city in America hasn’t said a word. Mayor Ed Lee was clearly consulted on the raid, clearly approved it — and now becomes unique among the chief executives of big cities across the country, most of whom have worked to find ways to avoid police confrontations.

David Chiu, the president of the Board of Supervisors, issued a ridiculous statement saying that “Both the Occupy SF protesters and the San Francisco Police Department need to redouble their efforts to avoid confrontations like the ones we saw last night.” No: The protesters didn’t start it, didn’t provoke it, didn’t want it — and frankly, did their best to avoid it. The crackdown is all about the folks at City Hall trying to get rid of one of the most important political actions in at least a decade — and doing it with riot police.

This is what the civility and compromise so touted by Mayor Lee and Board President Chiu looks like. And it’s a disgrace.

In Oakland, where the encampment at Frank Ogawa Plaza, renamed Oscar Grant Plaza for the event, has far more people than Occupy SF, city officials approached the activists and offered to issue whatever permits were needed. Mayor Jean Quan visited the general assembly, waited her turn to speak, and then politely asked the group not to damage the somewhat fragile old oak tree on the site. In deference to her wishes, the group surrounded the tree with a fence.

In New York, the private owner of the park where Occupy Wall Street is camped agreed not to evict the demonstrators — or even move some of them to all for a regular park cleaning.

Why is San Francisco acting so hostile? Is this not a city with a reputation for political activism and tolerance? Is it really that big a problem to allow activists to peacefully occupy public space to denounce the greatest corporate thievery in a generation?

San Francisco ought to be supporting the OccupySF movement, not harassing it. Lee should immediately call off the police raids. The Board of Supervisors should have a hearing on this, bring Police Chief Greg Suhr, Mayor Lee and representatives of Rec-Park and the Department of Public Health and work out a solution that doesn’t involve repeatedly rousting the protesters in the middle of the night. And if this continues, perhaps OccupySF should move to the plaza in front of City Hall.

Sup. John Avalos is the only person at City Hall who is making an outspoken effort to protect the protest; he needs some support.

 

Line blurred between Ed Lee campaign and “independent” expenditures

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From the public’s perspective, it’s hard to tell where the official Ed Lee for Mayor campaign – with its $500 limit on campaign donations – ends and where the various independent expenditure campaigns that we cover in this week’s issue begin. And that’s a problem given their ability to raise cash in unlimited amounts, coordinate with one another, and essentially act in concert with the official campaign.

For example, when San Francisco voters recently got telephone calls that began, “Hi, how are you? May I speak with ______. My name is ______ and I am a volunteer for Mayor Ed Lee. Will you support Mayor Ed Lee this upcoming election?”

The average voter would probably assume that the caller was a volunteer for the Lee campaign, but the phone banking was actually done by a group called Committee for Effective City Management, although that was never identified in the script that it was required to file with the Ethics Commission.

Campaign consultant David Looman, who runs the group, disputed that interpretation, telling us, “It doesn’t present as part of the campaign.” When we noted that was the obvious impression it left, he still wouldn’t budge, “It doesn’t say I’m a part of the campaign or anything of the sort.” When we asked whether they are required to identify themselves as an independent expenditure, he responded, “I’m not clear about that.”

Ethics Commission Executive Director John St. Croix said it is a clear violation of the law for an IE to identify itself as part of the official campaign. When he read him the script, he responded, “I don’t like it, but I can’t say off the top of my head it’s absolutely a violation because that isn’t the exact name of the campaign, which is Ed Lee for Mayor 2011.”

But clearly, voters are left with the impression that it’s a Lee campaign volunteer calling, right? “I think that’s a legitimate layman’s perspective on this, yes,” St. Croix responded.

Will the Ethics Commission do anything about this, or the numerous other campaign finance law violations that CitiReport, Bay Citizen, and other media outlets have been unearthing? Don’t bet on it, particularly because of the commission’s history of ignoring problems and overcomplicating its role in watchdogging even the most obvious violations.

For example, at tonight’s Ethics Commission hearing, the body is considering relaxing rules that require the reporting of big campaign finance expenditures within 24 hours, pushing that requirement back to the last week before the election — right after the Guardian’s final pre-election issue hits the streets. 

The selling of Ed Lee

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steve@sfbg.com

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

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

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

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

Caretaker mayor

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

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

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

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

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

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

“Run, Ed, Run”

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

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

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

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

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

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

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

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

Lee the politician

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

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

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

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

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

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

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

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

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

The bad old days

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tredmond@sfbg.com

Willie L. Brown, according to the Chronicle’s John Cote, is “a tremendously popular figure in the city, viewed by many as an avuncular man-about-town, elder statesman and a uniquely San Franciscan character.” The Ed Lee Story, a hagiographic campaign book, refers to Brown’s “characteristic showmanship and hypnotic charm.” Even Randy Shaw, the housing activist who clashed with Brown over gentrification once upon a time, now says in BeyondChron that Brown’s first term “was the most progressive of any mayor in modern San Francisco history.”

I feel as if I’m living in some sort of strange parallel universe, something out of Orwell or North Korea or the Soviet Union of the 1950s. It’s as if history never happened, as if the years between 1996 and 2004 have just vanished, have been deleted from San Francisco’s collective memory. It’s crazy.

I wonder:

What about the thousands and thousands of people who lost their homes and were tossed out of the city like refugees from a war? What about the rampant corruption at City Hall? What about the legions of unqualified political cronies who got good jobs and commission posts? What about the iron-fisted machine rule that kept local politics closed to all but the loyal insiders? Doesn’t any of that count?

Here are some things that absolutely, undeniable, demonstrably happened while Willie Brown was mayor:

Rents on the East Side of town, particularly in the Mission, tripled and sometimes quadrupled between 1996, when Brown took office, and 2004, when he left. Evictions more than tripled, too, and at one point more than 100 people a month were losing their homes. Most of those people were low-income, long-term tenants. They were forced out because richer people were moving into town during the dot-com boom and could pay more for those apartments. We called it the “Economic Cleansing of San Francisco.”

Every day, it seemed, we’d be out at another rally as the Tenants Union and the Mission Antidisplacement Coalition tried to save another family from the forces of gentrification. Every week, it seemed, another group house full of artists would be served an eviction notice. Everywhere you looked, nonprofits and small businesses were losing space to high-tech companies with plenty of money.

I watched the wrecking crew tear down a studio complex on Bryant Street, forcing more than 100 painters and photographers to leave, to make way for a high-tech office project that was approved even though it violated the local zoning laws — and then was never built. For two years, I walked to get my lunch past the empty hole in the ground that had once been a thriving community.

That was typical. Every developer who waved money in front of the mayor got a building permit, no matter how crazy, illogical or illegal the project was. The Planning Department and the Bureau of Building Inspection were little more than fronts for the lobbyists and Brown cronies who determined development policy in the city.

In October, 1999, the author Paulina Borsook wrote a famous piece in Salon called “How the Internet Ruined San Francisco.” I agreed with the sentiment; the influx of the dot-commers was wrecking all that was cool and weird about the city. But she got one point wrong: The Internet didn’t ruin anything. The Internet was, and is, a technology, a tool, something that, like most technological advances, can be used for good or evil.

Mayor Brown didn’t create the dot-com boom. Although he took credit for an awful lot of things, even Willie didn’t claim to have invented the Internet.

But what he did — and what ruined many San Francisco neighborhoods, and ruined the lives of many San Franciscans — was to let the economic cleansing of the city happen, without raising a finger to slow it down or prevent the evictions or protect the most vulnerable people in the city. Over and over, he encouraged it — by appointing commissioners and supervisors and department heads who allowed evictions and development and displacement in the name of growth and prosperity.

In fact, when reporters from the zine Maximum Rock ‘n’ Roll asked Brown about the problems facing poor people, he told them that the city had become so expensive that poor people would be better off living somewhere else.

Because he didn’t care about poor people, or tenants, or artists, or anyone who lacked money and flash and dazzle and clout. He was the worst kind of imperial mayor.

Here’s how we put in it in our 33rd anniversary issue in 1998:

“Let’s say the next major earthquake that hits San Francisco is of roughly the same magnitude of the Loma Prieta quake of 1989, or maybe just a bit stronger. Let’s say it wipes out right 1,000 houses and leave some 5,000 people homeless … and lets say a few unscrupulous profiteers take advantage of the shortages of critical supplies and charge desperate residents triple the normal rate for food, blankets and drinking water….

“The profiteers, speculators and charlatans would be exposed in the press and roundly, loudly denounced by every political and community leader in the city. The ones who didn’t wind up in jail would be forced to leave town in disgrace.”

Or else they wouldn’t. Because when an economic earthquake ravaged San Francisco during his term, Brown — the most powerful mayor in modern history, a guy who could have had an immense impact on what was happening — went to meet the speculators and profiteers with outstretched arms, welcomed them to the city and partied with them at night.

And when he ran for re-election, they thanked him by funding an astonishing $5 million campaign.

Then there was the corruption. Not only did Brown raise pay-to-play to a new art form, he filled the city payroll and key commissions with campaign workers, former political allies, and cronies, subverting the civil service system and undermining both the function of city agencies and public respect for local government. At least seven Brown appointees were indicted or investigated for criminal misconduct. While sentencing a Housing Authority official to five years in prison, U.S. District Judge Charles Legge decried what he called Third World-style corruption at San Francisco City Hall.

When Mayor Ed Lee, who is now seeking a full four-year term, was asked to give Brown a grade for his eight years in Room 200, Lee said: A-Plus.

Which makes us a little nervous. To say the least.

I’ve been going back through the Guardian archives over the past couple of weeks, picking out some great covers to reproduce (see page 18) and looking at four and a half decades of alternative news coverage of San Francisco. And if there’s one theme that emerges from the stacks and stacks and stacks of papers, it’s that local government matters.

In the 1960s, when the underground press was talking about sex, drugs and dropping out, the Guardian was talking about the ways big corporations were stealing the taxpayers’ money at City Hall. (Okay, the Guardian wrote about sex and drugs too. But sex and drugs and political scandals.)

The difference between the independent alternative press and the underground papers of the era was more than just thematic. The underground publishers were having a great time and celebrating culture, but none of those publications was built to last. From the day they published their first issue in October, 1966, Guardian founders Bruce Brugmann and Jean Dibble intended their paper to become a permanent part of San Francisco.

The Guardian quickly demonstrated that it had a different approach than a lot of the “New Left” — particularly when it came to electoral politics. At a time when some were saying that it made no difference whether Ronald Reagan or Pat Brown won the 1966 governor’s race, the Guardian made the key point about Reagan.

“California cannot afford the luxury of this kind of conservatism,” a Nov. 7, 1966 editorial stated. “Because of the millions of people coming to California, because San Francisco and Los Angeles soon will have the greatest concentration of urban power in history, because farm land and open space is vanishing at a suicidal rate, because technology is putting vast populations out of work, because of the social neglect of our cities and the uglification of our countryside, because we now have the knowledge to bridge the gap between the rich and the poor.”

And while the paper devoted considerable space to reporting on and opposing the war in Vietnam, it was also developing a reputation for local investigative reporting. One June 7, 1971 story showed how the city had all of its short-term deposits in local banks that paid no interest at all. The story parked an investigation by the city’s budget analyst, the resignation of the city treasurer — and a new investment policy that brought the city at least $1 million more revenue a year. (Adjusted for inflation, that’s about $5 million a year, times 40 years is a lot of money that the Guardian brought into the city coffers).

And from the start, the Guardian was a nonpartisan, independent foe of corruption, secrecy and undue influence at City Hall. So while the paper eagerly endorsed Phil Burton (and later his brother, John) for Congress and lauded their antiwar and environmental policies, the Guardian also blasted the Burtons for exercising undue influence back home. The paper strongly endorsed George Moscone for mayor — then denounced him when he fired Harvey Milk from a commission post after Milk had the gall to challenge the Moscone/Burton candidate for state Assembly.

The 1999 Sunshine Ordinance, which dramatically opened up City Hall records, was sponsored and promoted by the Guardian. Willie Brown and his cronies hated it.

It’s probably a misnomer to say that the Burtons, who were a dominant force in local politics in the 1970s and 1980s, ran an old-fashioned machine. They didn’t have the iron control over local politics and the patronage jobs system that the word “machine” implies.

But when Brown became mayor of San Francisco, he had all of that. Brown controlled eight solid votes on the Board of Supervisors (and through various political machinations, had managed to appoint most of them). “He ruled the building,” Assemblymember Tom Ammiano, who was a supervisor during those years, recalled. “If you defied him, you were radioactive.”

And one of the people who rose through the ranks as a loyal Brown appointee was Ed Lee. Who to this day thinks things in that administration were just dandy.

 

The Lee campaign complains about “guilt by association,” and that’s a legitimate point. Ed Lee isn’t Willie Brown. He’s a lot more open, a lot (a lot) more humble, and as numerous progressives have pointed out to us, his door is open. He doesn’t have the history of sleaze that pretty much defined Brown’s political career.

There will be no “Ed Lee Machine.” In fact, with district elections of supervisors pretty much guaranteeing more diffuse political power in the city, there will never be another mayor able to rule the way Brown did.

And these days, Brown’s clout could easily be overstated. Until he engineered the selection of Ed Lee as mayor, his power seemed to be waning. And even Mayor Lee hasn’t done everything that Brown wanted.

Of course, the Chronicle, which he helped immensely when Hearst Corp. bought the paper and had trouble with federal regulators, has helped Brown by giving him a column that created a new, sanitized persona.

But the important thing about the Brown administration was not so much who was in charge but who benefited. The landlords, the developers, the big corporations got pretty much what they wanted from City Hall. The rest of us got screwed.

And now those same interests — in some cases, the exact same people — who supported, promoted and worked with Willie Brown are backing Lee for mayor. If they thought he was going to be an independent progressive, that money and support wouldn’t be coming in. There are people who miss the machine days — and if they think Ed Lee is their guy, it’s reason to worry.

Corruption matters. When people lose faith in local government because they see the kind of sleaze that was daily business under Brown, then they stop wanting to pay taxes for public services. After all, the mayor is wasting our money already. Lee may be a decent guy — but some of the people he hangs out with, some of the people who are supporting him, have a long and very unpleasant history in this town. And all the time he was sitting there at City Hall, while Brown was running a corrupt operation that did lasting damage, Lee never raised a public finger in protest. I hate to see all the history forgotten when people decide who to support for mayor in November, 2011.

OccupySF appeals to City Hall, but the standoff continues

40

Frustrated by repeated late-night police raids on their encampments and empty statements of support by top city officials, hundreds of protesters with OccupySF entered City Hall today – under the watchful eyes of a large police presence with riot gear at the ready – to testify at today’s Board of Supervisors meeting.

The meeting began with the scripted monthly question time session with Mayor Ed Lee, who was asked by Sup. Jane Kim – whose District 6 includes the OccupySF encampment, which she visited for a couple hours last night – to “describe the plan that our offices have been developing” to facilitate the OccupySF movement.

But in Lee’s response and in exchanges with journalists after the meeting, as well as Guardian interviews with people in both offices, it doesn’t seem city officials have a coherent plan for carrying out Lee’s contradictory goals of supporting the Occupy movement and keeping sidewalks and parks clear of encampments.

Kim seemed to acknowledge as much later in the meeting when she said voiced support for OccupySF and for city officials who object to tents, kitchens, and other basic infrastructure that the month-old movement needs to continue. “We’re all struggling to figure out the best way to accommodate it,” she said.

Lee’s message was even more muddled, saying he supported the movement and agreed with its economic justice message. “From the very beginning, I have fully supported the spirit of the OccupySF movement,” Lee told the crowd, transitioning into reciting a litany of economic development efforts with little relevance to the demands of the movement.

“Then don’t send the police in to destroy it,” a protester shouted from the audience, which was filled to capacity and had a line out front and an overflow room. “We are working with you,” Lee responded, but then went on to complain about the lack of consistent contacts in the leaderless movement and emphasizing his bottom line that any kind of encampment with infrastructure is an impermissible violation of city codes.

“I need to make sure our public spaces are open to be used by anyone,” he said. Later, his Press Secretary Christine Falvey clarified the mayor’s stance by saying he supports the message but not the movement: “The tactic of camping overnight, he does not support.”  

Afterward, talking to reporters, Lee couldn’t really explain why the police needed to do their raids in the middle of the night, why San Francisco is cracking down on conditions that are being allowed in many other Occupy cities, or how the movement might be able to avoid future crackdowns if it continues, ignoring questions about where OccupySF might be able to go to avoid police raids.

Sup. John Avalos, who has been working to try to mediate the dispute between OccupySF and the city, responded to Lee’s speech by calling it “very frustrating. I’m alarmed that he is moving toward nightly standoffs with the Occupy movement.” Avalos says he supports protesters’ right to peacefully occupy public spaces and acknowledges their need for basic supplies to do so, calling the current standoff, “unsafe for both sides.”

“I’m proud to say that we are the 99 percent,” Sup. Eric Mar said, echoing the movement’s mantra and saying he would defer to Avalos’ leadership to create a “resolution strongly holding the police accountable for the crackdowns.”

Avalos had invited OccupySF participants to raise their concerns during the public comment portion of the meeting, and he said that he plans to use their input to form a resolution or plan for how the city should accommodate a movement that six of the 11 supervisors professed to support at the meeting.

When the long line of OccupySF protesters finally took to the microphone for public comment, they made it clear that the issue wasn’t as complicated as some city officials were trying to make it.
“It is outrageous and inhumane to see our camp raided in the middle of the night by San Francisco Police,” Magic, a middle-aged woman and lifelong activist, told the supervisors, closing with, “This can be a celebration or a battle, but we will not back down.”

Several speakers were dismissive of city claims to be protecting public health and safety, noting how dangerous the midnight confrontations have been, saying food and shelter are basic human needs, and noting how peaceful and cooperative OccupySF has been with the escalating series of city demands as the protest’s numbers have grown.

Michael Goldman said police have asked them to return to the sidewalk in front of the Federal Reserve, where they are densely packed in what he called unsafe conditions. “We have too many people to fit in front of 101 Market,” he said.

That was what prompted the move to nearby Justin Herman Plaza, where police cracked down Sunday night, citing a violation of the park’s 10 pm curfew. Another protester who works at the Ferry Building angrily noted that even before OccupySF began, he regularly watched city crews chase the homeless away from the site at 3 am with water trucks.

“We are a peaceful and nonviolent people and we do not deserve to be treated this way by our city and our country,” he said.  

“They were waiting to be talked to and not just run over by the police,” said iconic San Francisco activist Father Louie Vitale, who gestured to the waiting protesters and said, “We’re very proud of these people, very proud.”

It was a point echoed by others like local resident Andy Blue, who said, “They are doing a great service to this city and the world.”

SF values and OccupySF

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EDITORIAL This is what civility and compromise looks like:

At a little after 10 P.m. Oct 16, a squadron of San Francisco police equipped with riot gear raided and attempted to shut down the OccupySF protest. It was the second time San Francisco has embarrassed itself, becoming the only major U.S. city to attempt to evict members of the growing Occupation movement — and this time, the cops used a lot more force.

The first crackdown, on Oct. 5, was supposedly driven by concerns that the activists were using an open flame for their communal kitchen without the proper permits. This time around, the alleged lawbreaking was confined to a Park Code section that bans sleeping in city parkland after 10 p.m. And since Justin Herman Plaza, where OccupySF is camped, is technically under the jurisdiction of the Recreation and Park Department, that ordinance could be enforced.

But let’s be serious: The encampment endangered nobody, and if any Rec-Park officials had actually complained, the police couldn’t provide their names. This was all about rousting a protest against corporate greed and economic injustice. It came with police batons, several beatings and five arrests.

And the mayor of what many call the most liberal city in America hasn’t said a word. Mayor Ed Lee was clearly consulted on the raid, clearly approved it — and now becomes unique among the chief executives of big cities across the country, most of whom have worked to find ways to avoid police confrontations.

David Chiu, the president of the Board of Supervisors, issued a ridiculous statement saying that “Both the Occupy SF protesters and the San Francisco Police Department need to redouble their efforts to avoid confrontations like the ones we saw last night.” No: The protesters didn’t start it, didn’t provoke it, didn’t want it — and frankly, did their best to avoid it. The crackdown is all about the folks at City Hall trying to get rid of one of the most important political actions in at least a decade — and doing it with riot police.

This is what the civility and compromise so touted by Mayor Lee and Board President Chiu looks like. And it’s a disgrace.

In Oakland, where the encampment at Frank Ogawa Plaza, renamed Oscar Grant Plaza for the event, has far more people than Occupy SF, city officials approached the activists and offered to issue whatever permits were needed. Mayor Jean Quan visited the general assembly, waited her turn to speak, and then politely asked the group not to damage the somewhat fragile old oak tree on the site. In deference to her wishes, the group surrounded the tree with a fence.

In New York, the private owner of the park where Occupy Wall Street is camped agreed not to evict the demonstrators — or even move some of them to all for a regular park cleaning.

Why is San Francisco acting so hostile? Is this not a city with a reputation for political activism and tolerance? Is it really that big a problem to allow activists to peacefully occupy public space to denounce the greatest corporate thievery in a generation?

San Francisco ought to be supporting the OccupySF movement, not harassing it. Lee should immediately call off the police raids. The Board of Supervisors should have a hearing on this, bring Police Chief Greg Suhr, Mayor Lee and representatives of Rec-Park and the Department of Public Health and work out a solution that doesn’t involve repeatedly rousting the protesters in the middle of the night. And if this continues, perhaps OccupySF should move to the plaza in front of City Hall.

Sup. John Avalos is the only person at City Hall who is making an outspoken effort to protect the protest; he needs some support.

Editor’s notes

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tredmond@sfbg.com

I feel like was just getting over the 40th anniversary party, and now here comes 45. Guardian anniversaries are like birthday parties; they keep creeping up on you. Except that, in this case, getting older isn’t something to worry about. It’s a sign of strength that a weekly paper founded with a little money scraped together by two Midwesterners in 1966 has survived, grown, and become a standard-bearer for the alternative press in America.

I missed 15, but I was here for 16, and 20, and 25, and 30, and 40, and I’ve watched the Guardian — and San Francisco — emerge and change. And I can say, after almost 30 years as a reporter and editor here, that the demise of the old Brown Machine and the advent of district elections in 2000 were the most important advances in modern local political history.

District elections diffused power at City Hall. You didn’t need a huge downtown-funded campaign war chest to get elected supervisor. You didn’t need the support of the power brokers. And all parts of the city were represented.

By the time Willie Brown left office in 2004 — mostly in political disgrace — a long era of corrupt machine politics was ending. He had lost control of the Board of Supervisors. Almost none of the candidates he endorsed got elected. His approach to running the city was utterly repudiated by the voters. It was like the city drew a collective breath of very fresh air.

Yeah, we had to fight with Gavin Newsom. Yeah, we lost some critical battles. Yeah, the city’s till building housing just for millionaires. But at least with Brown gone and district supervisors calling the shots, I always thought we had a chance.

And maybe we will with Mayor Ed Lee, too, if, as projected, he wins in November. Maybe he can show some independence. Maybe the Ed Lee who started as a tenant lawyer will arise again in Room 200.

But Brown doesn’t think so. Neither do the billionaires and lobbyists and a cast of dozens from the old Brown Machine. They think they’re coming back into power.

And these folks are savvy, experienced and clever. They don’t put this sort of money and personal clout into candidates unless they’re pretty damn sure they’ll get a return on their investment. That’s how it works in Willie’s World.

SFPD raids OccupySF again, using more force this time (PHOTOS AND VIDEO)

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2:10 pm UPDATE: OccupySF plans to march on City Hall today (Mon/17) starting at 5 pm at Justin Herman Plaza.

Police raided the OccupySF encampment for the second time last night. The events were similar to the Oct. 5 incident, where police stood in riot gear while the protesters’ materials were loaded into Department of Public Works trucks, then protesters sat, lay, and stood on the street around the trucks in an attempt to prevent them from leaving. In both cases, a kitchen and medical tent that had been set up by protesters were dismantled.

Police were by many accounts more aggressive than in the previous raid, which was the first direct police attack on an Occupy encampment in a major U.S. city. Last night, protesters were dragged, kicked, and struck by police officers, prompting the dispatch of an ambulance to take an injured protester to the hospital. There were at least five arrests.

Journalist Josh Wolf shot some excellent footage of the raid:

San Francisco Police Department spokespersons didn’t answer calls from the Guardian. Police Chief Greg Suhr told us after the last raid (which was also approved by Mayor Ed Lee) that they were only removing public safety hazards and “we will surgically and as best as possible and with as much restraint as possible try to deal with the hazards while protecting people’s First Amendment rights.” Yet last night’s raid shows the city is actually dealing more harshly with the Occupy movement than most cities. 

Around 10:15 pm, the group received a warning that police planned to enforce 10 pm curfew in Justin Herman Plaza. The camp had moved there on Saturday to accommodate growing numbers. Police informed protesters that they could not sleep in the park and that they would need to take down a few tarps that had been propped up, providing a roof for the kitchen and communications area in camp. They claimed that there would be no trouble if the camp moved back to their previous location at nearby 101 Market Street, on the sidewalk in front of the Federal Reserve Building.

Protester Katt Hobin served as a liaison with police throughout the night. She was skeptical of police claims that 101 Market Street was an “agreed upon spot.” Hobin told us, “We were encouraged to relocate. We were never told we could be at 101, or that we could be here.”

There were about 100 protesters gathered. In response to warnings of arrest for those who stayed at Justin Herman Plaza, about 30 moved to 101 Market Street. Protesters began texting, calling and tweeting supporters to come join, and by 11:30 pm there were about 200 protesters at camp.

At first, when asked, police could not provide any written statement detailing reasons for disturbing the camp or arresting participants. An officer whose nametag read G. Tom said they were there based on grievances from the Recreation and Parks Department, but that he could not name a specific individual who had complained. After some deliberation, police produced a copy of San Francisco Park Code Section 3.13, which prohibits sleeping in public parks during certain hours.

Sup. John Avalos, the mayoral candidate who has been most actively engaged with the OccupySF movement, negotiated with officers and protester representatives on speakerphone. Avalos suggested that the police come back during the day; Officer Tom replied, “It works better for us to do this in the middle of the night.”

After some negotiations, officers warned that if the tarps that had been erected were not taken down, they would have to proceed with the raid.

Around 11:30 pm, protesters met briefly and agreed not to comply with that order. Said one protester, “We took down the tents last time, and they still took our stuff and arrested people. We can’t trust them. We need to stand our ground.”

At 11:47, about 70 police in riot gear marched on to the scene. They surrounded the camp and began dismantling structures. At 11:53, Department of Public Works trucks pulled in and police began loading them with items from the camp. This included food, tarps, signs, and personal and communal items.

One protester had duct taped himself to a poll within the camp structure. Police ripped him off the poll, threw him to the ground and struck him in the head and ribs. When he left by ambulance a few hours later, he appeared to be convulsing or seizing.

As they had on Oct. 5, protesters poured into the street in an attempt to block trucks from leaving with their possessions. But the street next to Justin Herman Plaza, the southbound side of Embarcadero, separated from the northbound side by a large concrete platform, is quite narrow compared to Market Street where a similar confrontation happened last Wednesday.

Protesters were much more successful last night in blocking the trucks from leaving, and it took about an hour before the four DPW trucks were able to exit. Protesters sat, lay, and stood in the way of trucks, chanting “the people united shall never be divided” and “we shall not be moved.”

Between about midnight and 1:30 am, police tactics escalated. At first, they attempted to back the trucks out, but protesters ran to block all paths. Then one truck lurched forward onto the sidewalk dividing area, where protesters ran to block it as well as talk with the driver about why he was participating in confiscating their belongings.

Soon, police began dragging and pulling protesters who were in their way and the way of the trucks, throwing them from the street to the sidewalk. They also arrested four of those sitting in on the street.

Protester Ryan Hadar, 19, told us: “They bent back my thumbs, trying to pry me away from the people I was locking arms with. When I asked if they were trying to break my thumbs [one officer] replied, ‘only if I have to.’ Then they dragged me to the sidewalk by my index finger. I asked if they were trying to break my finger, and this time they replied, ‘Yes.’”

This level of activity continued about an hour. Protesters sprinted and zoomed back and forth on skateboards, blocking trucks from leaving in all directions. Police pushed protesters out of their path as they marched back and forth, trying to maintain hold of the situation.

At 1 am, the last truck successfully left. Police who had been behind the truck, pushing protesters away from it, were suddenly alone in a sea of OccupySF particpants. They quickly formed into a block, batons poised, as protesters encircled them. A tense moment passed before protesters broke out in cries of “the whole world is watching!”

There were reportedly 2,100 people viewing the live video stream of the events.

The altercation ended in a bizarre fashion, as police marched across Justin Herman Plaza, stopped in the tracks, then seemingly changed their minds and marched back towards the Embarcadero. A smaller contingent then reappeared at the corner of Mission and Steuart streets. Protesters formed a line confronting them and demanding that they release those arrested; a man who had been arrested at the previous week’s altercation had been held 10 days before he was released on bail funds raised by OccupySF.

One officer said that police would continue standing there until protesters left; many protesters were determined to stand until the police left. Eventually, around 1:40 am, police did decide to exit first. A chorus burst out, singing “Na na na na, hey hey hey, goodbye” as they left.

Ten minutes after the incident ended, about four tarps had been restrung and the camp had begun to rebuild its food and water supply. Protesters surveyed the aftermath, including loads of fresh vegetables and other food strewn on the ground near the former kitchen. Many picked up brooms and began cleaning, while others got to work compiling media information.

Those arrested were released around 3 am and arrived back at camp at 3:30. Xander, a protester who had been sleeping at the camp since its first night on Sept. 17, was one of those arrested. He recounted, “They hit me a couple of times on my shoulders and put me in the truck. We weren’t able to leave because our brothers and sisters had surrounded the truck. We were singing and banging on the walls.”

Those arrested were charged with resisting arrest and impeding traffic.

 

 

Homeless families in SF hits record high

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The number of homeless families awaiting shelter space in San Francisco has reached an all-time high, and homeless advocates say city officials are ignoring the problem, which can have disastrous consequences when parents are forced to choose among bad options out of desperation.

Compass Connecting Point, a nonprofit agency with a city contract to provide homeless services and outreach, reports that 227 families – including 342 children – are now on a waiting list for temporary housing, with waits of at least six months. That’s 13 more families than the previous peak during the height of the recession in 2009.

“We’re seeing an increase in families coming in for the first time,” Elizabeth Ancker, an assistant program manager for the agency, told us. “There is definitely not enough shelter space.”

That’s been a complaint from a variety of homeless individuals and advocates who note that the city has reduced the number of shelter beds due to budget cuts at a time when they are needed more than ever. And a fall ballot measure that would have freed up shelter beds that have been set aside for Care Not Cash recipients and other mayoral pet projects was removed from the November ballot under pressure from Mayor Ed Lee.

“A couple weeks ago, it was the largest number [of homeless families on shelter waiting lists] since the recession first hit, and now it’s just the largest number overall,” Jennifer Friedenbach, executive director of the Coalition on Homelessness, told us. “We’re really concerned and we’re particularly concerned that there has not been any kind of response from the city…The most eerie part is the absolute silence from Room 200.”

Indeed, even the Guardian’s repeated requests for comment from the office of Mayor Ed Lee (aka Room 200) have not yielded any answers or explanations. Friedenbach said Lee’s promise to release more shelter beds from mayoral programs like CNC and the Community Justice Court – where they often go unused despite long shelter waiting lists – have only freed up a few beds, nowhere near the actual demand.

“They’re ignoring the problem,” she said. “What’s happening in San Francisco is a mirror of what’s happening nationally to poor families.”

Some studies place the number of homeless children in the U.S. at 1.5 million, although most advocates believe that number has actually risen in the last two years. Meanwhile, the budgets of nonprofits and government agencies who provide homeless services have been shrinking.

Ancker said her agency – which provides a variety of homeless services and gets partial funding from the city and the U.S. Department of Housing and Urban Development – has actually avoided deep budget cuts in the last two years. “But we have the budget we had when we had 79 families on the waiting list,” she said.

Both she and Friedenbach say homeless families present particular challenges for social service agencies. “What happens with families is they end up being in really unsafe situations,” Friedenbach said. “They’ve forced to stay with people they otherwise wouldn’t, or they end up in their cars, or with children being separated from their parents.”

Ancker agreed: “Right now, the wait for a shelter is six months and increasing, and people can’t wait for six months.”

Two words Ed Lee doesn’t want to hear

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There are two words no candidate wants to hear a month before Election Day:

“Criminal investigation.”

I give District Attorney George Gascon credit — I didn’t think he’d ever really go after municipal corruption, but he’s showing at least a bit of political spine here, launching an investigation into the dubious campaign contributions of Ed Lee. Lee’s campaign immediately said there would be full cooperation:

Last week, Mayor Lee’s campaign returned 23 contributions associated with Go Lorrie’s Shuttle company as a result of the campaign’s own concerns and compliance review. On Friday, the campaign reached out to the District Attorney’s Office, the U.S. Attorney’s Office, the Ethics Commission and the Fair Political Practices Commission to offer its full assistance in any investigation or review. It is important to note that there is nothing about the District Attorney’s statement or initiation of an investigation that suggests that Mayor Lee’s campaign is a target.

And at this point, there’s no way to know how far the investigation will go or what it will turn up. But the very fact that the D.A. is looking into all of this looks bad for Lee.

And if Gascon’s office scours not only the Go Lorrie’s money but the rest of Lee’s campaign contributions — and the independent expenditure committees that aren’t supposed to be coordinating with each other or the main campaign — he might find more.

Bill Barnes, who works with the Lee campaign, told me that he was doing everything possible to make sure the contributions were all on the up-and-up. “I can’t control the i.e.’s,” he said, “but we are very careful to follow the law.”

He also said that it’s possible there were mistakes, like the Go Lorrie’s money. “We’re raising a lot of money in a short period of time,” he said.

But you see, that’s part of the problem. You enter the race late, refuse to accept public financing (and abide by spending limits) and start trying to raise more than a million bucks in a few weeks, and it’s too easy to get sloppy. Add in the fact that people like Willie Brown, who never cared much for campaign contribution or ethics laws, are involved in the fundraising, and you have a recipe for real trouble.

 

Why are Harris, Newsom, and other pols silent on the federal pot crackdown?

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UPDATED BELOW As I worked on this week’s story about the federal crackdown on California’s marijuana industry, I tried to get a statement from California Attorney General Kamala Harris. After all, it’s her job to defend California’s medical marijuana laws, which she was fairly supportive of as our district attorney. And she was an early Barack Obama backer who could probably get him or U.S. Attorney General Eric Holder on the phone to say, “What the hell are you guys doing? Please, for your own sake and California’s, just back off.”

After all, as I reported, this multi-agency federal crackdown could destroy a thriving industry that is pumping billions of dollars into California’s economy and employing tens of thousands of people – at a cost of many millions of dollars in enforcement costs to simply destroy the state’s top cash crop, ruin the lives of people working in the industry, and strain our already overtaxed court and prison systems.

“It’s a policy with no upsides and all downsides,” Steve DeAngelo of Harborside Health Center correctly told me.

But when I finally got Harris’ Press Secretary Lynda Gledhill on the phone, she said Harris had nothing to say on the issue. “Nothing?” I asked, “Really?” What about off-the-record, I asked, how does she feel about it and might she make some statement in the future. Again, nothing to say, no comment.

So I tried Lieutenant Governor Gavin Newsom, another San Franciscan who as mayor helped oversee the creation of the city’s widely lauded system for regulating the dispensaries, which by all accounts has made it a legitimate and thriving member of the business community. Given Newsom’s current obession with job creation and how hungry he’s been for attention, surely he’d have something to say in defense of the good jobs that this sustainable industry has created in California. Again, nothing. I haven’t even gotten a call back yet from his press secretary, Francisco Castillo.

Also, no public statements have been issued by Mayor Ed Lee, David Chiu, or most other mayoral candidates who have put “jobs” at the center of their agendas – or from the SF Chamber of Commerce or other business groups that regularly deride bad government actions as “job killers – despite this move by the Obama Administration to destroy an important industry in California.

The only major politician from San Francisco (SEE UPDATE BELOW) to come out strongly against the federal crackdown was Assemblymember Tom Ammiano, author of measures to legalize and tax marijuana, who put out the following statement: “I am bitterly disappointed in the Obama Administration for this unwarranted and destructive attack on medical marijuana and patients’ rights to medicine.  Today’s announcement by the Department of Justice means that Obama’s medical marijuana policies are worse than Bush and Clinton.  It’s a tragic return to failed policies that will cost the state millions in tax revenue and harm countless lives. 16 states along with the District of Columbia have passed medical marijuana laws – whatever happened to the promises he made on the campaign trail to not prosecute medical marijuana or the 2009 DOJ memo saying that states with medical marijuana laws would not be prosecuted?  Change we can believe in?  Instead we get more of the same.”

But from most of the politicians who claim to support both jobs and the right of patients to access medical marijuana, we also get more of the same. They pander to people’s economic insecurities in order to give corporations and wealthy what they want – tax cuts, deregulation, union-busting, corporate welfare — but aren’t willing to risk any political capital defending the rest of us.

UPDATE (11/13): San Francisco’s other two representatives in the Legislature have also criticized the crackdown.

 

Sen. Leland Yee put out a statement saying: “Medical marijuana dispensaries are helping our economy, creating jobs, and most importantly, providing a necessary service for suffering patients. There are real issues and real problems that the US Attorney’s Office should be focused on rather than using their limited resources to prosecute legitimate businesses or newspapers. Like S-Comm, our law enforcement agencies – both state and local – should not assist in this unnecessary action. Shutting down state-authorized dispensaries will cost California billions of dollars and unfairly harm thousands of lives.”

Sen. Mark Leno, another medical marijuana support, also criticized the move. He told the Los Angeles Times, “”The concern here is that the intimidation factor will directly impact safe and affordable access for patients.” And he told Associated Press, “”I don’t understand the politics of it, and certainly if we haven’t learned anything over the past century, it’s that Prohibition does not work.”

The Ed Lee Story: Gack!

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I finally got a copy of The Ed Lee Story — a 132-page paperback hagiography written by campaign flak Enrique Pearce — and it’s way, way over the top. I shouldn’t even compare it to the lives of the saints — I read that stuff in Catholic School, and none of it was a sappy, drippy and utterly lacking in perspective as this. The Ed Lee Story reads like what it is — a giant, extended campaign flier, produced by a supposedly independent group backing Lee for mayor.

Willie Brown appears in the first chapter, speaking with “characteristic showmanship and hypnotic charm.” Pearce once worked for Matt Gonzalez — who ran for supervisor as a strong opponent of Brown’s administration and was such a critic of the City Hall corruption that the mayor represented that he didn’t even return Brown’s call congratulating him on winning a seat on the board. But he has either forgotten or utterly sanitized that era.

Rose Pak appears a page later, described as a “community leader and Ed’s longtime friend,” which is one way of putting it.

I haven’t been able to reach Pearce; if he calls me I’ll update this post. But in other news accounts, Pearce insists that Lee had no role in the great work — it’s described as an “unauthorized biography,” and Tony Winnicker, the press spokesperson for the official Ed Lee for Mayor campaign, told me his crew had nothing to do with it. Pearce must have gone to great lengths to get all those high school and college photos.

Most of the footnotes cite the San Francisco Examiner and BeyondChron, but Pearce interviewed a number of Lee’s old friends. This was a fair amount of work, including a lot of research.

But here’s the thing: Pearce (who’s had problems with keeping independent campaigns independent in the past) supposedly wrote this book without any help or support from any of the people who are involved in the Lee adminstration or in his campaign. I don’t know, maybe he did. But that’s the problem with these “independent expenditure” committees — it’s hard to believe that there’s truly zero coordination between the various groups that are working to get Lee elected.

The Chron notes at least one indication that it’s not all as independent as it seems:

Pearce said he never spoke with Lee or his family for the book. However, at a golf tournament at the Olympic Club on Monday to benefit the nonprofit Chinese Hospital, Lee’s wife, Anita, beamed as she signed copies.

Plus, he clearly worked with Pak on the book:

Pearce swears all those family photos in the book were gleaned from various websites and family friends. And where did Pearce get Lee’s favorite recipe for “No-longer secret Poongaloong” (basically spaghetti with frozen peas, corn and a half-bottle of Del Monte ketchup thrown in)?

“The recipe was from Rose,” he said. Of course it was.

And we know that Pak meets with the mayor regularly.

Independent expenditure committees have a huge advantage — they can raise unlimited money, in unlimited amounts. In San Francisco, candidates for mayor can only take money in $500 chunks, and can’t accept contributions from corporations or entities that have contracts with the city. The folks who funded this book — and we still don’t know who they are — were under no such regulations.

The trade off is that the “real” campaign — the one financed with regulated money — can’t have any contact at all with the “independent” campaign.

Meantime, Enrique Pearce wrote 132 pages about Ed Lee, complete with childhood anecdotes, pictures, interviews with old friends and testimonial statements — and the mayor’s office and campaign had no input, connection, information, coordination or anything? Geez. Maybe Kitty Kelley’s got some competition.

 

The odd twist to the Chron’s Chiu endorsement

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The most obvious interpretation of the San Francisco Chronicle’s endorsement of David Chiu is that the Chron thinks Chiu has completely left the progressive camp and is now aligned with the political wing the daily paper calls “moderates:”

What is impressive about Chiu is that “change” and “jobs” are not just campaign slogans for him. He can go into detail about the redundancies and red tape at City Hall that are holding back economic development: the 15 departments that regulate the private sector, the hundreds of fees that burden businesses big and small, a payroll tax that is a disincentive to hire … If elected, he would have a mandate to make city government more efficient and effective.

(I don’t know how many times I have to say this, but the payroll tax is NOT a disincentive to hire.)

The Chron — which, on economic issues like taxes and development, is a very conservative paper — clearly thinks Chiu can be trusted, which ought to make progressives nervous.

But here’s the other interesting twist.

Hearst Corporation bought the San Francisco Chronicle in 2000, at the top of the market, for more than $500 million. I guarantee the paper isn’t worth more than a tiny fraction of that today. It’s still losing money, and has been for years, and nobody’s buying daily newspapers any more, and if Hearst wanted to unload the Chron, the New York publishing chain would be lucky to get $50 million. Hell, they’d be lucky to get $25 million.

So the bean counters in New York have this nonperforming half-billion-dollar asset on their balance sheets, and there’s no way to recover that money — except for one thing: The Chron owns a bunch of land around Fifth and Mission, including its own historic building. And that property is potentially worth a whole lot of money. When the economy picks up, Hearst can develop the parking lots, old press facilities and even its HQ; turn it all into condos and office space, and suddenly there’s a real chance of recouping some of those deep losses.

The process is already underway — the Chron’s been moving tech firms into vacant space in its building, and is working with developers on the shape of what could be a major project still to come.

And guess what? In June, William Randolph Hearst III — heir to part of the Hearst fortune and a member of the Hearst Corp. board — made a rare campaign contribution to a San Francisco political candidate. He gave the maximum allowable $500 to … David Chiu. Around the same time, Michael Cohen and Jesse Blout, the partners in a firm called Strada that’s working on the redevelopment of the Chron’s property, also gave Chiu the maxiumum $500.

I figured the top people at the Chron would back Ed Lee because they figured he’d be down with whatever they wanted to do with that land — particularly since Lee’s good buddy Willie Brown is now a San Francisco Chronicle columnist. But it appears they’ve cast their lot with Chiu. As Mr. Spock would say, fascinating.

Crackdown came from the top

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steve@sfbg.com

The decision to raid the OccupySF protest camp in the middle of the night Oct. 5 was approved by Mayor Ed Lee and Police Chief Greg Suhr — and involved a more aggressive approach to limiting protest activities than authorities in any other major city have undertaken.

Both Lee and Suhr insist that they support the protesters right to free speech. But the raid was more than a modest effort to get a propane stove turned off or to bring food preparation up to health codes.

The move only served to galvanize the movement and increase its numbers. And both police and protesters say they expect this occupation to continue for a long time.

Suhr told the Guardian that the decision to move into the encampment and seize its supplies was made after consultation with the Fire Department, Department of Public Health, and the Mayor’s Office. While DPH expressed concerns about food preparation on the site, Suhr said health officials never asked the police to shut the kitchen down. The Fire Department was another story.

“There was open flame, propane, and tons of fuel, near plywood. The Fire Department told us there as a fire danger,” Suhr told us. “Deputy Chief Cashman made the call that we would go move the people away from the fuel.”

Suhr said Mayor Ed Lee gave the okay to remove public safety hazards, but said the protest itself shouldn’t be interfered with. “In San Francisco, protesters are acting within their First Amendment right to free speech and freedom to assemble. While allowing for peaceful protests, we also must ensure that our streets and sidewalks remain safe and accessible for everyone,” Lee said in a public statement, although his office has not responded to a list of questions about the decision and its implications.

After all, the tents and other shelters were hardly a hazard to anyone; leaving the activists out in the rain with no tents was, strictly speaking, more of a health issue.

A movement that calls for the indefinite occupation of public spaces to protest corporate greed is bound to continue to cause conflicts with local ordinances and property interests, something that Suhr acknowledged. “We will surgically and as best as possible and with as much restraint as possible try to deal with the hazards while protecting people’s First Amendment rights, Suhr said.

He objected to the notion that there was a police crackdown on the protest. “They’re occupying it now, and they’re probably going to be there was a long time,” Suhr said. “We haven’t arrested one demonstrator. The only person arrested punched a cop and then threatened to kill him afterward.”

But Sup. John Avalos, the one major mayoral candidate to show up during the raid and try to mediate the conflict, said he’s disappointed with the city’s stance. “This is not the San Francisco that I know. This is not the San Francisco I love. This City has served as a sanctuary for free speech and assembly for generations, and we must protect that legacy,” Avalos said in prepared statement that he closed with, “This should be a city for the rest of us — for the 99 percent. I stand with Occupy SF.”

Even Suhr said that the SFPD has no intention of removing the protesters from their perch in front of the Federal Reserve, and will continue safeguarding regular OccupySF marches, telling us, “We will continue to facilitate this.”

“They got everything out of there so we could start over,” Suhr said the encampment’s kitchen and other hazards. “This demonstration isn’t going away. I think people are justifiably upset by this issue nationally.”

On Guard!

1

news@sfbg.com

ORACLE’S DIRTY SECRET

If wealth trickled down from Oracle’s OpenWorld conference in San Francisco last week, very little of it reached a small group of low-wage laborers hired from out of state to set up for a concert hosted as an event highlight on Treasure Island.

Oracle is a prominent Bay Area tech company helmed by Larry Ellison, the billionaire CEO who worked closely with top city officials to bring the America’s Cup sailing regatta to San Francisco.

The Oct. 5 Oracle OpenWorld concert on Treasure Island featured Sting and Tom Petty as headliners. Registration packages for the weeklong tech conference, which drew some 45,000 attendees to San Francisco, ranged from $1,395 to $2,595.

A member of the carpenters union contacted the San Francisco Office of Labor Standards & Enforcement (OLSE) Sept. 16 to formally complain that a construction crew assembling a large seating structure for the event was being paid less than the city-mandated minimum wage of $9.92 per hour, city documents show.

Josh Pastreich, an OLSE official, went to the worksite to interview crew members. Their names were redacted from public records, but Pastreich described them as monolingual Spanish speakers who travel from city to city building seating arrangements for major events.

“Everyone is being paid $8 an hour (except for the supervisors),” he reported in a city document. “Workers generally started at 6:30 am but there was a little confusion about quitting times.” At least one work day lasted 11 and a half hours, according to a timesheet. The workers were hired by subcontractors brought in by Hartmann Studios, an events management outfit working directly for Oracle.

“We made a phone call, and sent them some emails,” OLSE director Donna Levitt explained. “Nobody said, ‘we intended to pay them the [legal] rate,'” but the subcontractors increased workers’ hourly wages to comply with San Francisco minimum wage ordinance requirements, Levitt said. Since the company adjusted the rate immediately, no fines were issued. There were fewer than 20 workers on the project.

OLSE did not correspond with Oracle directly, but spoke to the subcontractors. One was T & B Equipment, a Virginia-based company. “We were not aware of the minimum wage there, but we fixed it before the payroll was done,” a T & B representative identified only as Mr. Waller told the Guardian. Lewmar, a Florida-based subcontractor, assisted with staffing for the job. Oracle, Hartmann Studios, and Lewmar did not respond to Guardian requests for comment.

Since the enforcement agency intervened, the laborers earned $9.92 per hour instead of $8 — still well below the average Bay Area payscale for similar work. Building bleachers is comparable to raising scaffolding for major construction projects, and the prevailing wage for unionized scaffolding erectors in California is $37.65 per hour, or $62.63 when benefits are factored in.

None of the workers were from San Francisco, which likely spurred the carpenters union complaint — Carpenters Local 22 has faced significant losses in membership since the economic downturn due to high levels of unemployment disproportionately impacting the construction sector. Represenatives from Local 22 did not return calls seeking comment.

Boosters of the America’s Cup have hailed the upcoming sailing event as an engine for local job creation, but Oracle’s use of low-wage, out-of-state laborers at its pricey, high-profile OpenWorld event raises questions. While the tech company is a separate outfit from the America’s Cup organizing team, Ellison holds leadership positions at both.

Ellison was named the world’s sixth wealthiest individual in a Forbes profile in 2010, with a net worth of $28 billion. His total compensation last year was listed as $70,143,075. That’s 3,399 times the amount a person earning $9.92 an hour would make in a year working 40 hours every week — before taxes, of course. (Rebecca Bowe)

 

LEE’S TELLING VETO

The Board of Supervisors approved legislation to close a gaping loophole in the city’s landmark Health Security Ordinance on Oct. 4, in the process forcing Mayor Ed Lee to promise his first veto and reveal his allegiance to business interests over labor and consumer groups.

Sup. David Campos sponsored legislation that would prevent SF businesses from pocketing money they are required to set aside for employee health care, seizures that totaled about $50 million last year. These health savings accounts are often used by restaurants who charge their customers a 3-5 percent surcharge, ostensibly for employee health care, instead simply keeping most of the money.

Despite aggressive lobbying against the measure by the San Francisco Chamber of Commerce — which went so far as to threaten to withdraw support for Prop. C, the pension reform measure it helped craft with Lee and labor unions — the Board of Supervisors approved the measure on a 6-5 vote on first reading (final approval was expected Oct. 11 after press time).

But then Lee announced that he would veto the measure, claiming it was about “protecting jobs,” a stand that was criticized in an Oct. 5 rally on the steps of City Hall featuring labor unions, consumer advocates, and mayoral candidates John Avalos, Leland Yee, Dennis Herrera, and Phil Ting.

Lee and Board President David Chiu — who voted against the Campos legislation, along with Sups. Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener — have each offered alternative legislation that lets businesses keep the money but make some minor reforms, such as requiring businesses to notify employees that these funds exist.

Both Lee and Chiu talk about seeking “compromise” and “consensus” on the issue, but Campos and his allies say it’s simply wrong for businesses to take money that belongs to the employees, to gain a competitive advantage over rivals who actually offer health insurance or pay into the city’s Healthy San Francisco program, and to essentially commit fraud against restaurant customers.

“This money belongs to the workers and it’s something that consumers are paying for,” Campos said. “We have a fundamental disagreement.” (Steven T. Jones)

 

ET TU, DAVID CHIU?

In a press release on Oct. 6, mayoral candidate David Chiu stated his concerns over Mayor Ed Lee’s potentially illegal campaign contributions from employees of the GO Lorrie airport shuttle service. That company benefited from a decision by airport officials in September and then offered to reimburse employees for making $500 contributions to Lee, according to a Bay Citizen report.

“These revelations raise deeply troubling questions that merit a full investigation by state authorities. City Hall cannot be for sale. Pay-to-play politics has no place in San Francisco, and will have no place in a Chiu administration — you can count on that,” he said in the release.

But has Chiu — one of the top fundraisers in the mayoral field — been engaging in a little pay-to-play of his own? That was the question we had after we saw that he had received lots of donations from restaurant owners, whose side he took last week in opposing Sup. David Campos’ legislation to keep them from raiding their employee health care funds.

The Golden Gate Restaurant Association (GGRA) waged unsuccessful legal battles against the Health Care Security Ordinance and lobbied against Campos’ recent reforms of its loophole. And in the latest donation cycle, the GGRA donated the maximum $500 to the Chiu campaign. Other Bay Area food services contributed up to $5,950.

So the question remains, despite Chiu’s posturing against “pay-to play politics”— are these food service companies contributing to Chiu’s campaign because he’s doing their bidding in opposing the Campos measure and sponsoring an alternative that lets them keep most of the money?

When Liane Quan, co-owner of SF’s Lee’s Deli, was asked if the health care legislation was a reason she donated, she said, “Yes, that’s one reason.” She then hesitated to elaborate why. Members of the Quan family associated with Lee’s Deli contributed a total of $1,000 to the campaign.

Maurizio Florese, an Italian-speaking co-owner of Mona Lisa’s Restaurant who contributed $100, didn’t want to talk about his contribution or employee health care. Neither did his wife and co-owner, Filomena Florese, who is also President of Mona Lisa Inc., which manufactures chocolate and pastry products.

In fact, despite leaving messages at seven local restaurants who donated to Chiu, none wanted to talk. But we did finally get ahold of Chiu campaign manager Nicole Derse, who said Chiu has a broad array of supporters and his donations from restaurants had nothing to do with his stance on the Campos legislation.

“There definitely is no correlation at all,” she told us. “Any suggestion to the contrary is ludicrous.” (Christine Deakers)