Election

Daly for mayor?

9

Sup. Chris Daly just called to comment on the selection of the next mayor of San Francisco. Gavin Newsom may want to change the Charter to mandate a special election if there’s a vacancy in the Mayor’s Office (thus preventing the district-elected supes from choosing a new mayor if he’s elected lieutenant governor). Daly’s already a step ahead: He’s planning to introduce his own Charter amendment, which would mandate special elections to fill vacancies for either supervisor or mayor — and the election would be a plurality victory. That means the person with the most votes wins — no matter how many candidates or how small the actual victory total.


Under that scenario, a special election for mayor — a crowded special election, with eight or ten or 15 candidates — could go to almost anyone; someone with a loyal, organized and modest constituency could round up, say, 20,000 votes and be the next mayor.


Even, maybe, someone like Chris Daly.


And he knows that. “I will not be running for mayor of San Francisco in November, 2011,” he told me. “But I would seriously consider running in March.”


Gavin — you sure this is a good idea?

Gav’s running for (lite) guv!

1

It’s not any big surprise that Gavin Newsom is officially running for lieutenant governor; we all knew that was in the cards. Newsom’s downtown allies don’t want him running, because he might win — which would mean a vacancy in the mayor’s office. But it’s really all about Newsom, and he doesn’t want to be termed out with nowhere to go.


Calitics makes the point that


In many ways, this race will showcase the future leadership of California Democrats. The winner of the primary will go on to defeat Abel Maldonado and will be a top contender to be the next governor, whether they succeed Jerry Brown or (god forbid) Meg Whitman. It’s to the benefit of Democrats and progressives that this race be issue-oriented, and free of the unfortunate personal attacks that would undermine all the candidates involved.


And Newsom loves the idea of being showcased as the future leader of California Democrats.


Newsom got a big bounce the moment he announced, when state Sen. Dean Florez, one of two other Democratic candidates for the office, dropped out and endorsed Newsom.


That leaves just Newsom and Janice Hahn, a Los Angeles City Council member who’s got an aggressive campaign (featuring Garry South, the asshole political consultant who used to work for Newsom).


Newsom starts off with a major lead; all the money he spent campaigning for governor gave him significant name recognition, and in a Democratic primary for a low-profile office, that makes a lot of difference. And his likely opponent in November is Abel Maldonado, a not-terribly-appealing Republican.


So the talk in San Francisco is all about who becomes the next mayor if Newsom wins — and already, the Newsom strategists are trying to figure out how to prevent the progressive district-elected board from appointing his replacement. The latest strategy: A Charter amendment establishing that a vacancy in the Mayor’s Office has to be filled in a special election.


Hard to argue against that — except that the special election would be in the spring of 2011, and the general election would be that fall, meaning two expensive elections (one of them guaranteed to have low turnout) in the course of 11 months.


There’s no way Newsom’s getting six votes on this board for his idea, which means he’s going to have to raise the money to gather 47,000 signatures. And if he does, the supervisors ought to respond with their own Charter amendment — establishing that vacancies on the Board of Supervisors (now filled by a mayoral appointment) also require a special election. That’s only fair.


And while Newsom and his allies talk about how unfair it is to have district supervisors, some of whom were elected with as few as 10,000 votes, decide on the next mayor, it’s worth thinking through what a special election for mayor would look like. For starters, a lot of people would probably run — and the results would be utterly unpredictable. Suppose everyone who really wants to be mayor jumped in: Leland Yee, Dennis Herrera, Aaron Peskin, Ross Mirkarimi, Bevan Dufty, maybe Michela Alioto-Pier, maybe Sean Elsbernd, maybe even Mark Leno … and the turnout will be ultra-low, and, well, the next mayor’s going to be elected with a remarkably small number of votes.


Assume a turnout of 100,000 — high for a special election. And assume seven candidates (there would probably be a lot more). That means the winner would be unlikely to have more than 20,000 first-place votes.


If it’s a ranked-choice voting situation, any of the above could pull it off. If it’s a simple plurality, hey: someone like Chris Daly, who has a small but highly devoted constituency, would have as good a chance as anyone.


The bottom line is that a special election doesn’t guarantee anything — in fact, it could turn out to be downtown’s worst nightmare.


Here’s the letter Newsom sent to potential supporters:


I didn’t come to this decision easily, but, after a great deal of consultation with my family, constituents and supporters, I believe that the best way for me to serve is by taking all of the many things that are right about California and applying them to fixing what’s wrong in Sacramento.  


The issues I fought for when I ran for Governor last year haven’t changed: our state still faces a massive budget crisis, painful unemployment, and rising student fees that threaten the stability and accessibility of our University system.  Too many Californians lack access to quality health care and too many schools are overcrowded and underfunded.


But, despite our challenges, I will always believe in California – the dynamism of its past and the promise of its future.  I’m also convinced that those of us who love this state have both an obligation and the capacity now to reform it and make it better. To do that, we need to embrace a new way of doing things in Sacramento and we need new leaders who are willing to stand up and change state government.


I’m proud that I have the support of Speaker Nancy Pelosi, Senate President Darrell Steinberg, Assembly Speaker John Perez, Sacramento Mayor Kevin Johnson, United Farm Workers co-founder Delores Huerta and California Nurses and teachers and I hope I can count on your support too.


And here’s some of the press coverage:


LA Times on Newsom run, including information on early fundraising.


Calitics on Florez’s exit from the race, including text of Florez
message and press release.



Newsom announces his candidacy in an interview with reporter Phil
Matier
on CBS 5. (video)

 Chronice on Newsom’s chances.


 Willie Brown on who will succeed Newsom as mayor.
 
Chronicle speculates on who will replace Newsom, specifically on the
possibility of David Chiu becoming mayor.

LA Observed on Gary South vs. Newsom.


LA Times blog on awkward Newsom-Brown pairing.

The Green Party’s nadir

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This should be a great time for the Green Party. Its namesake color is being cited by every corporation and politician who wants to get in good with the environmentally-minded public; voters in San Francisco are more independent than ever; and progressives have been increasingly losing the hope they placed on President Barack Obama.
But the Green Party of San Francisco — which once had an influence on city politics that was disproportionate to its membership numbers — has hit a nadir. The number of Greens has steadily dwindled since its peak in 2003; the party closed its San Francisco office in November; and it has now lost almost all its marquee members.
Former mayoral candidate Matt Gonzalez, school board member Jane Kim, community college board member John Rizzo, and Planning Commissioner Christina Olague have all left the party in the last year or so. Sup. Ross Mirkarimi — a founding member of the Green Party of California and its last elected official in San Francisco — has also been openly struggling with whether to remain with an organization that doesn’t have much to offer him anymore, particularly as he contemplates a bid for higher office.
While a growing progressive movement within the Democratic Party has encouraged some Greens to defect, particularly among those with political ambitions, that doesn’t seem to be the biggest factor. After all, the fastest growing political affiliation is “Decline to State” and San Francisco now has a higher percentage of these independent voters than any other California county: 29.3 percent, according to state figures.
Democratic Party registration in San Francisco stood at 56.7 percent in November, the second-highest percentage in the state after Alameda County, making this essentially a one-party town (at last count, there were 256,233 Democrats, 42,097 Republicans, and 8,776 Greens in SF). Although Republicans in San Francisco have always outnumbered Greens by about 4-1, the only elected San Francisco Republican in more than a decade was BART board member James Fang.
But Republicans could never have made a real bid for power in San Francisco, as Gonzalez did in his electrifying 2003 mayoral run, coming within 5 percentage points of beating Gavin Newsom, who outspent the insurgent campaign 6-1 and had almost the entire Democratic Party establishment behind him.
That race, and the failure of Democrats in Congress to avert the ill-fated invasion of Iraq, caused Green Party membership to swell, reaching its peak in San Francisco and statewide in November 2003. But it’s been a steady downward slide since then, locally and statewide.
So now, as the Green Party of California prepares to mark its 20th anniversary next month in Berkeley, it’s worth exploring what happened to the party and what it means for progressive people’s movements at a time when they seem to be needed more than ever. Mirkarimi was one of about 20 core progressive activists who founded the Green Party of California in 1990, laying the groundwork in the late 1980s when he spent almost two years studying the Green Party in Germany, which was an effective member of a coalition government there and something he thought the United States desperately needed.
“It was in direct response to the right-wing shift of the Democrats during the Reagan and Bush Sr. administrations. It was so obvious that there had been an evacuation of the left-of-center values and policies that needed attention. So the era was just crying out woefully for a third party,” Mirkarimi said of the Green Party of California and its feminist, antiwar, ecological, and social justice belief system.
But he and the other founding Greens have discovered how strongly the American legal, political, and economic structures maintain the two-party system (or what Mirkarimi called “one party with two conservative wings”), locking out rival parties through restrictive electoral laws, control of political debates, and campaign financing mechanisms.
“I’m still very impassioned about the idea of having a Green Party here in the United States and here in California and San Francisco, vibrantly so. But I’m concerned that the Green Party will follow a trend like all third parties, which have proven that this country is absolutely uninviting — and in fact unwelcoming — of third parties and multiparty democracy,” Mirkarimi said.
Unlike some Greens, Mirkarimi has always sought to build coalitions and make common cause with Democrats when there were opportunities to advance the progressive agenda, a lesson he learned in Germany.
When he worked on Ralph Nader’s 2000 presidential campaign — a race that solidified the view of Greens as “spoilers” in the minds of many Democrats — Mirkarimi was involved in high-level negotiations with Democratic nominee Al Gore’s campaign, trying to broker some kind of leftist partnership that would elect Gore while advancing the progressive movement.
“There was great effort to try to make that happen, but unfortunately, everyone defaulted to their own anxieties and insecurities,” Mirkarimi said. “It was uncharted territory. It had never happened before. Everyone who held responsibility had the prospect of promise, and frankly, everybody felt deflated that the conversation did not become actualized into something real between Democrats and Greens. It could have.”
Instead, George W. Bush was narrowly elected president and many Democrats blamed Nader and the Greens, unfairly or not. And Mirkarimi said the Greens never did the post-election soul-searching and retooling that they should have. Instead, they got caught up in local contests, such as the Gonzalez run for mayor — “that beautiful distraction” — a campaign Mirkarimi helped run before succeeding Gonzalez on the board a year later.
Today, as he considers running for mayor himself, Mirkarimi is weighing whether to leave the party he founded. “I’m in a purgatory. I believe in multiparty democracy,” Mirkarimi said. “Yet tactically speaking, I feel like if I’m earnest in my intent to run for higher office, as I’ve shared with Greens, I’m not so sure I can do so as a Green.”
That’s a remarkable statement — in effect, an acknowledgement that despite some success on the local level, the Green Party still can’t compete for bigger prizes, leaving its leaders with nowhere to go. Mirkarimi said he plans to announce his decision — about his party and political plans — soon.
Gonzalez left the Green Party in 2008, changing his registration to DTS when he decided to be the running mate of Nader in an independent presidential campaign. That move was partly necessitated by ballot access rules in some states. But Gonzalez also thought Nader needed to make an independent run and let the Green Party choose its own candidate, which ended up being former Congress member Cynthia McKinney.
“I expressly said to Nader that I would not run with him if he sought the Green Party nomination,” Gonzalez told us. “The question after the campaign was: is there a reason to go back to the Green Party?”
Gonzalez concluded that there wasn’t, that the Greens had ceased to be a viable political party and that it “lacks a certain discipline and maturity.” Among the reasons he cited for the party’s slide were infighting, inadequate party-building work, and the party’s failure to effectively counter criticisms of Nader’s 2000 and 2004 presidential campaigns.
“We were losing the public relations campaign of explaining what the hell happened,” he said.
Gonzalez was also critical of the decision by Mirkarimi and other Greens to endorse the Democratic Party presidential nominees in 2004 and 2008, saying it compromised the Greens’ critique of the two-party system. “It sort of brings that effort to an end.”
But Gonzalez credits the Green Party with invigorating San Francisco politics at an important time. “It was an articulation of an independence from the Democratic Party machine,” Gonzalez said of his decision to go from D to G in 2000, the year he was elected to the Board of Supervisors.
Anger at that machine and its unresponsiveness to progressive issues was running high at the time, and Gonzalez said the Green Party became one of the “four corners of the San Francisco left,” along with the San Francisco Tenants Union, the Harvey Milk LGBT Democratic Club, and the San Francisco Bicycle Coalition, which helped set a progressive agenda for the city.
“Those groups helped articulate what issues were important,” Gonzalez said, citing economic, environmental, electoral reform, and social justice issues as examples. “So you saw the rise of candidates who began to articulate our platform.” But the success of the progressive movement in San Francisco also sowed the seeds for the Green Party’s downfall, particularly after progressive Democrats Chris Daly, Tom Ammiano, and Aaron Peskin waged ideological battles with Mayor Gavin Newsom and other so-called “moderate Democrats” last year taking control of the San Francisco Democratic Party County Central Committee.
“Historically, the San Francisco Democratic Party has been a political weapon for whoever was in power. But now, it’s actually a democratic party. And it’s gotten progressive as well,” Peskin, the party chair, told us. “And for a lot of Greens, that’s attractive.”
The opportunity to take part in that intra-party fight was a draw for Rizzo and Kim, both elected office-holders with further political ambitions who recently switched from Green to Democrat.
“I am really concerned about the Democratic Party,” Rizzo, a Green since 1992, told us. “I’ve been working in politics to try to influence things from the outside. Now I’m going to try to influence it from the inside.”
Rizzo said he’s frustrated by the inability of Obama and Congressional Democrats to capitalize on their 2008 electoral gains and he’s worried about the long-term implications of that failure. “What’s going on in Washington is really counterproductive for the Democrats. These people [young, progressive voters] aren’t going to want to vote again.”
Rizzo and Kim both endorsed Obama and both say there needs to be more progressive movement-building to get him back on track with the hopes he offered during his campaign.
“I think it’s important for progressives in San Francisco to try to move the Democratic Party back to the left,” Kim, who is considering running for the District 6 seat on the Board of Supervisors, told us. “I’ve actually been leaning toward doing this for a while.”
Kim was a Democrat who changed her registration to Green in 2004, encouraged to do so by Gonzalez. “For me, joining the Green Party was important because I really believed in third-party politics and I hope we can get beyond the two-party system,” Kim said, noting the dim hopes for that change was also a factor in her decision to switch back.
Another Green protégé of Gonzalez was Olague, whom he appointed to the Planning Commission. Olague said she was frustrated by Green Party infighting and the party’s inability to present any real political alternative.
“We had some strong things happening locally, but I didn’t see any action on the state or national level,” Olague said. “They have integrity and they work hard, but is that enough to stay in a party that doesn’t seem to be going anywhere?”
But many loyal Greens dispute the assertion that their party is on the rocks. “I think the party is going pretty well. It’s always an uphill battle building an alternative party,” said Erika McDonald, spokesperson for the Green Party of San Francisco, noting that the party plans to put the money it saved on its former Howard Street headquarters space into more organizing and outreach. “The biggest problem is money.”
Green Party activist Eric Brooks agrees. “We held onto that office for year and year and didn’t spend the money on party building, like we should have done a long time ago,” he said. “That’s the plan now, to do some crucial party organizing.”
Mirkarimi recalls the early party-building days when he and other “Ironing Board Cowboys” would canvas the city on Muni with voter registration forms and ironing boards to recruit new members, activities that fell away as the party achieved electoral successes and got involved with policy work.
“It distracted us from the basics,” Mirkarimi said. Now the Green Party has to again show that it’s capable of that kind of field work in support of a broad array of campaigns and candidates: “If I want to grow, there has to be a companion strategy that will lift all boats. All of those who have left the Green Party say they still support its values and wish it future success. And the feeling is mostly mutual, although some Greens grumble about how their party is now being hurt by the departure of its biggest names.
“I don’t begrudge an ambitious politician leaving the Green Party,” said Dave Snyder, a member of the Golden Gate Bridge, Highway, and Transportation District Board of Directors, and one of the few remaining Greens in local government.
But Snyder said he won’t abandon the Green Party, which he said best represents his political values. “To join a party means you subscribe to its ideals. But you can’t separate its ideals from its actions. Based on its actions, there’s no way I could be a member of the Democratic Party,” Snyder said.
Current Greens say many of President Obama’s actions — particularly his support for Wall Street, a health reform effort that leaves insurance companies in control, and the escalation of the war in Afghanistan — vindicate their position and illustrate why the Green Party is still relevant.
“The disillusionment with Obama is a very good opportunity for us,” McDonald said, voicing hope they Green can begin to capture more DTS voters and perhaps even a few Democrats. And Brooks said, “The Obama wake-up call should tell Greens that they should stick with the party.”
Snyder also said now is the time for Greens to more assertively make the case for progressive organizing: “The Democrats can’t live up to the hopes that people put on them.”
Even Peskin agrees that Obama’s candidacy was one of several factors that hurt the Green Party. “The liberal to progressive support for the Obama presidency deflated the Greens locally and beyond. In terms of organizing, they didn’t have the organizational support and a handful of folks alienated newcomers.”
In fact, when Mirkarmi and the other Green pioneers were trying to get the party qualified as a legal political party in California — no small task — Democratic Party leaders acted as if the Greens were the end of the world, or at least the end of Democratic control of the state Legislature and the California Congressional delegation. They went to great lengths to block the young party’s efforts.
It turns out that the Greens haven’t harmed the Democrats much at all; Democrats have even larger majorities at every legislative level today.
What has happened is that the Obama campaign, and the progressive inroads into the local party, have made the Greens less relevant. In a sense, it’s a reflection of exactly what Green leaders said years ago: if the Democrats were more progressive, there would be less need for a third party.
But Mirkarimi and other Greens who endorsed Obama see this moment differently, and they don’t share the hope that people disappointed with Obama are going to naturally gravitate toward the Greens. Rizzo and Kim fear these voters, deprived of the hope they once had, will instead just check out of politics. “They need to reorganize for a new time and new reality,” Rizzo said of the Greens.
Part of that new reality involves working with candidates like Obama and trying to pull them to the left through grassroots organizing. Mirkarimi stands by his decision to endorse Obama, for which the Green Party disinvited him to speak at its annual national convention, even though he was one of his party’s founders and top elected officials.
“After a while, we have to take responsibility to try to green the Democrats instead of just throwing barbs at them,” Mirkarimi said. “Our critique of Obama now would be much more effective if we had supported him.”
Yet that’s a claim of some dispute within the Green Party, a party that has often torn itself apart with differences over strategy and ideology, as it did in 2006 when many party activists vocally opposed the gubernatorial campaign of former Socialist Peter Camejo. And old comrades Mirkarimi and Gonzalez still don’t agree on the best Obama strategy, even in retrospect.
But they and other former Greens remain hopeful that the country can expand its political dialogue, and they say they are committed to continuing to work toward that goal. “I think there will be some new third party effort that emerges,” Gonzalez said. “It can’t be enough to not be President Bush. People want to see the implementation of a larger vision.”

Spanjian out in D-8

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Laura Spanjian, a member of the Democratic County Central Committee and candidate for supervisor in District 8, is leaving town for a new job in Houston. That means she’s out of the hotly contested race to replace Sup. Bevan Dufty in the Castro.


Spanjian was one of three leading candidates, and her withdrawal means that Rafael Mandelman and Scott Wiener are going to be slugging it out for the job. Rebecca Prozan, who also has Alice support, is also in the race, but I don’t see her coming in first.


In a press release sent out this morning, Spanjian said she’d taken a job as sustainability director for the city of Houston. “I am overjoyed to have the opportunity to work directly with Mayor Annise Parker and her staff and contribute to a cleaner environment which is, of course, not just a local issue,” Spanjian’s statement read.


Spanjian currently works for the San Francisco Public Utilities Commission, and will leave that job in April to move to Houston.


Before we get into the political calculus, let me stop for a moment and congratulate Laura, who’s a good person and will do a great job in Houston (although, Jesus — she’s going to have to live in Houston.)


Now then: With Spanjian out of the race, I think Mandelman is on track to come in first. That doesn’t mean he’s going to win an election decided by ranked-choice voting, but I think he comes in first.


“Clearly it’s a win for Rafael,” Jim Stearns, a political consultant who was working for Spanjian, told me today. “Laura was going to go after the more nonideological folks in the district, but she was also going to make a push with the progressives. And now Rafael has the solid progressive base in that district to himself.”


That base, though, isn’t enough alone to get Mandelman elected. It’s going to come down to the second and third votes. And Wiener and Prozan start off competing for a lot of the same voters, but in the end, Mandelman is going to have to get enough of the more centrist folks to at least put him second to finish in the money.


 


 


 

Informing the public

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news@sfbg.com

Information is power. But too often, those with political power guard public documents and information from the journalists, activists, lawyers, and others who seek it on the people’s behalf. So every year, we at the Guardian honor those who fight for a freer and more open society by highlighting the annual winners of the James Madison Freedom of Information Awards, which are given by the Northern California chapter of the Society of Professional Journalists.

This year’s winners are:

Beverly Kees Educator Award

Rachele Kanigel

Rachele Kanigel, an associate professor of journalism and advisor to Golden Gate Xpress publications at San Francisco State University, has been highly involved in student press rights work on a national level. She wrote The Student Newspaper Survival Guide (Blackwell Publishing, 2006), a book designed to empower budding campus reporters. A champion of the free speech rights of her students, Kanigel has gone to bat on several occasions on behalf of student journalists whose work was challenged by interests that didn’t believe students should be afforded the same protections as professional reporters. Kanigel sees part of her job as educating the world about the importance of student journalists and standing up for their rights. “A lot of people won’t talk to student journalists, but they’re doing some really important work,” she said. “A lot of what we have to do is to assure the student journalists and tell the world outside that these are journalists.” The educator award is named in honor of Beverly Kees, who was the SPJ NorCal chapter president at the time of her death in 2004.

Norwin S. Yoffie Career Achievement Award

Mark Fricker

Mary Fricker is the kind of investigative reporter many of us would like to be.

She started out in the 1980s investigating complaints of irregularities at her local savings and loan when she was reporting for the old Russian River News community paper. Her dogged research and hard-hitting stories produced the first major investigation into the toxic problems of financial deregulation in S&Ls. Her work won numerous awards, including the Gerald Loeb Award given out by UCLA and the prestigious George Polk Award, and ultimately led to the book, Inside Job: The Looting of America’s Savings and Loan. The book won Best Book of the Year award from the Investigative Reporters and Editors association.

Fricker did business reporting and major investigative work for 20 years with the Santa Rosa Press Democrat. She retired and joined the Chauncey Bailey Project as a volunteer investigative reporter, researcher, Web site maestro, and general good spirit. Her work included several key investigations that determined that the Oakland Police Department was virtually alone in not taping interviews with suspects in investigations. Her stories changed that practice. She is a most worthy recipient of the Norwin S.<0x2009>Yoffie award, which honors the memory of the former publisher of the Marin Independent Journal, a founder of the SPJ/FOI committee, and a splendid warrior in the cause of Freedom of Information.

Professional Journalist

G.W. Schulz

G.W. Schulz was busy when we got him on the phone. “I’m sending out about eight or nine new freedom of information requests a day,” he said. “I fired off a few to the governor of Texas this morning.”

The relentless reporter is working on the Center for Investigative Reporting’s program exposing homeland security spending. It hasn’t been easy. Since the federal government began making big grants to local agencies for supposed antiterrorism and civil emergency equipment and programs, following the money has required unusual persistence. Homeland Security officials don’t even know where their grants are going, so Schulz has been forced to dig deeper.

“I think this is the biggest open government campaign I’ll ever do in my career,” he said. “We’re juggling dozens of requests, state by state. And it’s breathtaking what some people will ignore in their own public records laws.”

He’s found widespread abuse. “These agencies are getting all this expensive equipment and they don’t even maintain it or train their staff how to use it,” he said. CIR is not only doing its own stories, it’s working with local papers that don’t have the resources to do this kind of work. “Lots of great stories in the pipeline,” he said before signing off to get back to the battle. “I’m really excited.”

Legal Counsel

Ann Brick/ACLU

On the heels of a now-infamous Supreme Court ruling on so-called First Amendment rights for corporate political speech, SPJ is honoring an individual who has made a career devoted to protecting real, individual free speech rights for almost 20 years. Ann Brick, staff attorney for the Northern California chapter of the American Civil Liberties Union, has litigated in defense of privacy rights, free speech, government accountability, and student rights in cases ranging from book burning to Internet speech to illegal government wiretapping. “I can’t tell you how much of an honor it is to have worked with the ACLU,” she says, adding, “I can’t think of another award I’d rather get than this one — an award from journalists.” But the public’s gratitude goes to Brick, whose years of service are a shining example of speaking truth to power.

Computer Assisted Reporting

Phillip Reese

Phillip Reese of The Sacramento Bee is being honored for his unrelenting pursuit of public records and for producing interactive databases. Reese was the architect of the Bee‘s data center, providing readers readily accessible information about legislative voting records, neighborhood election results, state employee salaries, and other important information. At one point, the city of Sacramento demanded several thousand dollars in exchange for employee salary data. Reese gathered the city’s IT workers and a city attorney for a meeting, where he argued that organizing records in an analyzable format would insure the system wasn’t being abused, so they chose to provide the records for free. The online databases provide public access to records that are often disorganized and cryptic. “Sometimes these databases go well with a story, and sometimes they can stand on the Internet alone. People can view them in a way that is important to themselves,” Reese said.

Public Official

Leland Yee

State Sen. Leland Yee (D-San Francisco) has been an open government advocate since his days on the San Francisco Board of Supervisors, and one of his favorite targets is the administration of the University of California. He has fought to protect UC students from administrators who want to curtail their free-speech right and to get documents from university officials.

In 2008, he authored and passed SB 1696, which blocked the university from hiding audit information behind a private contractor. UCSF was refusing to release the information in an audit the school paid a private contractor to conduct. “I read about this in the newspaper and I was just scratching my head. How can public officials do this stuff?” Yee said. He had to overcome resistance from university officials and public agencies arguing that the state shouldn’t be sticking its nose into their business. “But it’s public money, and they’re public entities, and the people have a right to know where that money is going.”

Computer Assisted Reporting

Thomas Peele and Daniel Willis

This duo with the Bay Area News Group, which includes 15 daily and 14 community newspapers around the Bay Area, performed monumental multitasking when they decided to crunch the salaries of more than 194,000 public employees from 97 government agencies into a database. Honored with the Computer Assisted Reporting Award, the duo provided the public with a database that translated a gargantuan amount of records into understandable information. They had to submit dozens of California Public Records Act requests to access the records of salaries that account for more than $1.8 billion in taxpayer money. “It is important that the public know how its money is spent. This data base, built rather painstakingly one public records act request at a time by Danny Willis and myself as a public service, goes a long way in helping people follow the money,” Peele said.

Nonprofit

Californians Aware: The Center for Public Forum Rights

California’s sunshine laws, including the Brown Act open meeting law and California Public Records Act, aren’t bad. Unfortunately, they are routinely flouted by public officials, often making it necessary to go to court to enforce them. That’s why we need groups like CalAware, and individuals like its president, Rick McKee, and its counsel, longtime media attorney Terry Francke. Last year, while defending an Orange County school board member’s free speech rights and trying to restore a censored public meeting transcript, CalAware not only found itself losing the case on an anti-SLAPP (strategic lawsuit against public participation) motion, but being ordered to pay more than $80,000 in school district legal fees. “It’s never been easy, but that was going to be the end of private enforcement of the Brown Act,” Francke said. Luckily, Sen. Leland Yee intervened with legislation that prevents awarding attorney fees in such sunshine cases, leaving CalAware bruised but unbowed. “We’ve become active in court like never before.”

News Media

SF Public Press/McSweeney’s

Last year, when author Dave Eggers and his McSweeney’s magazine staff decided to put out a single newspaper issue (because “it’s a form we love,” Eggers told us), they filled San Francisco Panorama with the unusual mix of writers, topics, and graphics one might expect from a literary enterprise. But they wanted a hard-hitting investigation on the cover, so they turned to the nonprofit SF Public Press and reporters Robert Porterfield and Patricia Decker. Together, they worked full-time for four months to gather information on cost overruns on the Bay Bridge rebuild, fighting for public records and information from obscure agencies and an intransigent CalTrans. “We’re still dealing with this. I’ve been trying to secure documents for a follow-up and I keep getting the runaround,” said Decker, a new journalist with a master’s degree in engineering, a nice complement to Porterfield, an award-winning old pro. “He’s a great mentor, just such a fount of knowledge.”

Professional Journalist

Sean Webby

San Jose Mercury News reporter Sean Webby won for a series spotlighting the San Jose Police Department’s use of force and how difficult it is for the public or the press to track.

The department and the San Jose City Council refused to release use-of-force reports, so Webby obtained them through public court files. He zeroed in on incidents that involved “resisting arrest” charges, and even uncovered a cell phone video in which officers Tasered and battered suspects who did not appear to be resisting.

Webby has won numerous awards in the past, but says he is particularly proud of this one. “Freedom of information is basically our mission statement, our bible, our motto,” he said. “We feel like the less resistance the average person has to getting information, the better the system works.”

Webby said that despite causing some tension between his paper and the San Jose Police Department, the project was well worth it. “We are never going to back off the hard questions. It’s our job as a watchdog organization.”

Public Service

Rita Williams

KTVU’s Rita Williams is being honored for her tireless efforts to establish a media room in the San Francisco Federal Building that provides broadcasters the same access to interviews as print reporters.

Television and radio equipment was banned from the federal pressroom following 9/11, but Williams solicited support from television stations, security agencies, the courts, and the National Bar Association. After a six-year push, they were able to restore access.

Williams and her supporters converted a storage unit in the federal building into a full-blown media center, which was well-used during the Proposition 8 trial. “I only did two days of the trials, but every time I walked into the room, I would just be swarmed with camera folks saying thank you, thank you, thank you,” she said. “I’m getting close to retirement and I was in the first wave of women in broadcasting, and I’m proud that almost 40 years later, I can leave this legacy.”

Citizen

Melissa Nix

With her Betty Page looks, dogged sense of justice, and journalistic training, Melissa Nix became a charismatic and relentless force in the quest to find out how her ex-boyfriend Hugues de la Plaza really died in 2007. Nix began her efforts after the San Francisco medical examiner declared it was unable to determine how de la Plaza died and the San Francisco Police Department seemed to be leaning toward categorizing the case as a suicide. Using personal knowledge of de la Plaza and experience as a reporter with The Sacramento Bee, Nix got the French police involved, who ruled the death a homicide, and unearthed the existence of an independent medical examiner report that concluded that de la Plaza was murdered.

Editorial/Commentary

Daniel Borenstein

Contra Costa Times reporter Daniel Borenstein wasn’t out to deprive public worker retirees of yachting, country club golf, and rum-y cocktails at tropical resorts. The columnist was only trying to figure out how, for example, the chief of the Moraga-Orinda Fire District turned a $185,000 salary into a $241,000 annual pension. Borenstein’s effort to unearth and make public, in easily readable spreadsheets, the records of all Contra Costa County public employee pensioners led the Contra Costa Times to a court victory stipulating just that: all records would be released promptly on request without allowing retirees time to go to court to block access. The effects have been noticeable: “I get scores of e-mails most weeks in reaction to the columns I’m writing on pensions, [and] public officials are much more sensitive to the issue,” Borenstein says. It is a precedent that has carried into the Modesto Bee‘s similar pension-disclosure efforts in Stanislaus County.

Student Name Withheld After a photojournalism student at San Francisco State University snapped photographs at the scene of a fatal shooting in Bayview-Hunters Point, police skipped the usual process of using a subpoena to seek evidence, and went straight into his home with a search warrant to seize this student’s work. But with the help of his attorney, the student quashed the warrant, arguing California’s shield law prevents law enforcement from compelling journalists to disclose unpublished information. He won, and the case served to demonstrate that the shield law should apply to nontraditional journalists.

The student is being recognized because he resisted the warrant rather than caving into the demands of law enforcement. Invoking the shield law in such cases prevents reporters from being perceived as extensions of law enforcement by the communities they report on, enabling a free exchange of information. The student remained anonymous in the aftermath of the shooting because he feared for his life. Based on his ongoing concerns, NorCal SPJ and the Guardian have agreed to honor his wish to have his name withheld.

Waste of paper

0

rebeccab@sfbg.com

Several weeks ago, Sup. Chris Daly e-mailed the San Francisco Ethics Commission to ask what seemed like a simple question. Daly is spearheading a June citywide ballot measure to ask voters to support the designation of the new Transbay Transit Center as the end point for the planned California High Speed Rail project, a response to the California High Speed Rail Authority’s move to explore alternative locations.

As an elected official, Daly knew there were certain individuals he might be barred from accepting money from for this effort. A San Francisco campaign finance law prohibits entities holding city contracts worth $50,000 or more from donating to political campaigns run by the elected officials who approve those contracts, a rule crafted to eliminate quid pro quo dealings that can corrupt the political process.

But when Daly tried to find out whose checks he shouldn’t be accepting, he didn’t receive a simple list of names in response. Instead he got a dense e-mail highlighting the complexity of this area of campaign finance law, offering no easy answers. For one, it wasn’t clear whether the law applied to his committee. Assuming it did, however, there was another hurdle.

“Determining which contributors are prohibited from contributing to your committee is a bit complex at the moment,” Oliver Luby, an Ethics Commission staffer, wrote in the e-mail, “because the contractor disclosures filed … are only in hard copy format.”

This vexing detail meant that obtaining a searchable list of banned contributors would require scanning hundreds of Ethics Commission forms filed on behalf of the Board of Supervisors, then manually entering potentially thousands of data rows into a spreadsheet, a project that could suck up significant time and resources.

The campaign contribution ban applies not only to major contractors, but the executive officers, subcontractors, and major shareholders of those contracting firms, so there could be a long list of individuals prohibited from making a political donation once a single contract is approved.

These restrictions theoretically create an excellent safeguard against corruption — but since it’s not recorded in electronic format, the filings amount to an almost useless sea of data. In fact, even the Ethics Commission, which is supposed to regulate violations of this ban and issue fines, isn’t able to routinely do so.

Luby pointed out the shortcoming of the system and an easy solution to Executive Director John St. Croix and Deputy Director Mabel Ng in an internal e-mail last December. “Private interests that can afford to manually create databases using the data … will have an advantage over other interests (perhaps even our own office) where the resources are not available to manually create such databases,” he wrote. “The obvious solution to this problem is e-filing.”

For example, if city agencies and political campaigns were required to submit their data in Excel spreadsheets or through an online system that automatically created spreadsheets, it would be easy to compare them to see who is violating the law.

When asked about this, St. Croix said the resources just don’t exist to upgrade the commission’s online capabilities. “We don’t have the resources to develop the software right now,” he told us. “So someday, yes. After we go through the next election season, and people see that they have a lot of difficulties in complying with this, then we may be able to build some support to make these changes.”

The e-mails were among hundreds of documents included in response to a Sunshine Ordinance public information request the Guardian submitted to the Ethics Commission in February. The assortment of documents relating to the contractor contribution ban revealed just how difficult it is for the average person to discern whether any entities striking deals with the city are at the same time trying to curry favor with the politicians who approve their contracts.

In 2006, a batch of reforms were approved to tighten restrictions on campaign contributions from major city contractors and require filing disclosure forms. Intended to point a floodlight on pay-to-play practices, the rules were championed by former Ethics Commissioner Joe Lynn, who died late last year.

Since it was established in 2006, however, the law has seen neither steady enforcement nor routine compliance from elected officials, documents show. The Mayor’s Office, for example, did not start filing the forms until April 2009, a month after critical media reports pointed out that few city departments were in compliance. While many more have started filing regularly, it appears that certain state agencies covered by the law — including the Treasure Island Development Authority (TIDA) — have not.

Nor does the Ethics Commission itself seem focused on ferreting out potential violators. “I am reluctant to ask my auditors or enforcement staff to review [contract disclosure] filings and compare them against campaign filings because the sheer amount of data will make the search wasteful and likely fruitless,” St. Croix wrote in a memo to his staff last October.

At the same time, attempts have been made to scale back the scope of the law, based on the argument that it is difficult to enforce. St. Croix’s memo recommended that the contribution ban not apply to contractors who deal with state agencies such as TIDA or the Redevelopment Agency, which are controlled by mayoral appointees and oversee development contracts worth millions of dollars. “Although city elective officers appoint some members of those bodies, city officials rarely have any involvement with those agencies’ contracts,” he argued.

Asked if these suggestions will be discussed formally anytime soon, St. Croix was doubtful. “Unfortunately, even though we think they’re necessary, it’s going to be a very difficult sell at the Board [of Supervisors],” he said. “Even though we think we’re fixing a problem, it looks like you’re rolling back reform, and that’s not popular.”

On the eve of an election season featuring hotly contested seats on the Board of Supervisors, the Democratic County Central Committee, and other high-profile local and statewide offices, the relatively arcane archive of the contractor disclosure forms stored away at the Ethics Commission might get more attention. Are major corporations that do business with the city scratching the backs of politicians who want to advance their political careers to keep the wheels greased for their own business ambitions?

Without a user-friendly, functional system for tracking contracts and comparing them against campaign contributions, it’s tough to say.

A progressive primary for District 6

8

By Supervisor Chris Daly

OPINION Ten years ago, the newly drawn District 6 (which includes the Tenderloin, South of Market, and North Mission) was thought to be politically up for grabs. With an aggressive grassroots campaign and a progressive sweep across the city, we won the seat. Despite small demographic shifts to the right over the years, we’ve built a clear progressive identity for our district. Community stakeholders and all of progressive San Francisco should be proud of this accomplishment.

In 2006, despite downtown’s major effort to unseat me, I held on with a nine point, or 1,600-vote, margin. I would guess that this is generally reflective of the current political dynamics in the district. In other words, District 6 is roughly a progressive +10 district.

But heading into the first open-seat race in the district in 10 years, we have to take care to not become victims of our own success. Already, four serious progressive candidates have declared for the seat and are now raising money, seeking endorsements, formulating campaign strategy, and assembling their teams.

Our system for electing supervisors allows voters to rank their top three choices. In other words, even if all progressive voters ranked three progressive candidates on every ballot, a certain number of those votes would not transfer to the strongest progressive candidate. In District 6, where the political contests have been pretty black and white for a decade, it’s a safe bet we’ll have more than our share of voters who only vote for one candidate. (In 2006, a number of voters even marked me as their first, second, and third choice.)Sensing an unexpected political opportunity, downtown is working to coalesce around a single candidate to steal away the seat and the progressive majority on the Board of Supervisors. We can’t afford to let that happen. Our 10-point margin of error is too small to risk moving forward on our current path.

That’s why I have asked all the major progressive candidates in the race to participate in a progressive primary early this summer. A central polling place will be open to all District 6 voters. We will have a ranked-choice ballot that will include the progressive candidates who have qualified for public financing (raised more than $5,000 in qualifying contributions.) Permanent absentee voters will be able to mail in their ballots. In most respects, the progressive primary will look like an officially sanctioned election.

The primary will give district voters an opportunity to signal their early preference in candidates and will give the progressive campaigns much-needed experience identifying and turning out their supporters. More important, it will give the rest of us a window into what otherwise could become a very confusing progressive cluster.

The winner of the primary will become the beneficiary of my endorsement and campaign support. It also will be a momentum-builder for the campaign that is already strongest within the district and will signal to all progressive voters that, even if they’ve committed to another candidate, they need to make sure they rank the progressive primary winner on their ballot.

As progressives continue to build our politics, we need to keep creating democratic forums and structures. I hope the Progressive Primary becomes a useful component of our political movement.

Supervisor Chris Daly represents District 6.

SF leaders condemn SEIU tactics

104

San Franciscans seem to be turning against Service Employee International Union and its national President Andy Stern this week, first with the vote by SEIU Local 1021 members to oust Stern’s leadership team, and now with a letter signed by a broad array of top political officials condemning SEIU tactics against the National Union of Healthcare Workers.

As the Guardian reported last year, NUHW President Sal Rosselli and his management team broke away from SEIU’s United Healthcare Workers after a protracted conflict that culminated in a hostile SEIU takeover of the local, placing it under a Stern-controlled trusteeship. NUHW had criticized Stern’s autocratic leadership style and undemocratic methods while SEIU accused Rosselli of using union funds to undermine Stern’s decisions.

Since then, a majority of SEIU-UHW workers statewide has filed petitions asking to decertify with SEIU-UHW and affiliate with NUHW, which has won seven of the nine elections that have been held so far. So SEIU filed various complaints with the National Labor Relations Board to try to block those elections, while NUHW has complained of worker harassment and ballot meddling by SEIU.

Earlier today, SEIU-UHW sent out a press release touting an NLRB ruling that clears the way for elections at 51 facilities around the state covering 6,845 voters, blaming NUHW for “violating members’ democratic rights” in opposing those elections.

But NUHW leaders say SEIU-UHW has been “cherry-picking” selected sites where they think their chances of winning are good and keeping their NLRB complaints in place to block other sites, often dividing up bargaining units in the process to raise fears in workers that they might lose bargaining clout if they switch unions. NUHW is a relatively small organization compared to the massive SEIU.

NUHW leaders say they want a fair, up-or-down vote among all of the SEIU-UHW members statewide who have asked for elections, and they’ve asked SEIU to sign a Fair Election Agreement to prevent harassment and intimidation, something that SEIU often asks employers to sign.

Supporting that request is an open letter signed by 116 San Francisco political leaders from across the spectrum, including every member of the Board of Supervisors except Sup. Carmen Chu, Assembly members Tom Ammiano and Fiona Ma, Sen. Mark Leno, Democrat Party chair Aaron Peskin and nine other members of the DCCC, all four major candidates for the Dist. 8 Board of Supervisors seat, United Educators of San Francisco President Dennis Kelly, and representatives from a board array of unions and grassroots organizations, including UNITE-HERE, POWER, Young Workers United, Chinese Progressive Association, Coleman Advocates, and many others.

Interestingly, in addition to his critics on the left within the labor movement, Stern is also being criticized by conservatives right now after President Barack Obama appointed him to his National Commission on Fiscal Responsibility and Reform.

The Guardian has forwarded the letter and allegations to SEIU-UHW officials and is awaiting a response, which I’ll post in the comments section when I hear back.

 

The letter reads:

WE, THE UNDERSIGNED community leaders of San Francisco, are deeply troubled by allegations that the Service Employees International Union (SEIU) committed multiple, serious violations of state labor law during the union representation election between SEIU United Healthcare Workers – West (SEIU-UHW) and the National Union of Healthcare Workers (NUHW) for 10,000 Fresno County homecare workers this June.

These allegations, made in sworn testimony before the California Public Employment Relations Board, include that SEIU officials directed staff to open, mark, and alter workers’ ballots; threaten the deportation of immigrants; and tell workers they would suffer the loss of wages, benefits and hours to scare them into voting for SEIU. The complaint alleges further that SEIU organizers physically removed ballots from workers’ mailboxes and homes.

Caregivers in San Francisco have complained of similar intimidation and harassment at the hands of SEIU officials trying to block union representation elections requested by them and tens of thousands of other California healthcare workers who have petitioned to join NUHW.

Over the next year, as thousands of San Francisco homecare workers, private sector nursing home workers, and private sector hospital workers make their choice for union representation between SEIUUHW and NUHW, we are committed to see that these workers can make their decision democratically, without intimidation, harassment, threats or coercion of any kind, from any party.

NUHW officials have communicated to us their willingness to enter into Fair Election Agreements, which are common in California’s healthcare industry, and which SEIU officials have long championed throughout the nation, to govern their campaign conduct and protect caregivers’ freedom of choice in their upcoming union representation elections.

Therefore, we are asking that you and San Francisco’s healthcare employers join NUHW in negotiating Fair Election Agreements to establish ground rules for these elections and guarantee that workers can choose their representatives for themselves. Please know that regardless of your decision, we will stand united to ensure that San Francisco’s healthcare workers have the fair elections they deserve.

SEIU members oust the old guard

0

In a stunning repudiation of the union leadership installed by Service Employees International Union President Andy Stern – whose autocratic style, aggressive expansion, and friendly relationships with big employers has caused a rift in the national labor movement – members of SEIU Local 1021 have voted overwhelmingly for a reform slate of new leaders.

As we wrote recently, the stakes were high here in San Francisco, where the old guard leaders threatened to undermine the union’s progressive tendencies just as Mayor Gavin Newsom is threatening mass layoffs and pay cuts for city employees, and the San Francisco Labor Council’s ideological balance was being tipped by the pro-development push of the building trades.

But the results couldn’t have been more clear in the first local election since Stern installed the Local 1021 after merging 10 union locals together, including the former Local 790, which represents most city employees. Stern’s whole slate was voted out by a substantial margin, including current President Damita Davis-Howard, who had 1445 votes to the 2141 votes garnered by Sin Yee Poon, who now takes over the top spot after having led SF Human Services Agency workers.

Also pushed out was James Bryant, a political ally of Newsom and enabler of Pacific Gas & Electric and other downtown power brokers, who was defeated in his run for Political Action Committee Chair. Alysabeth Alexander, who is in her 20s, beat him by a vote of 2552-1506.

The vote will certainly strengthen the hand of progressives in San Francisco going into what’s expected to be a tough budget fight with Newsom, as well as helping progressive supervisorial candidates in the November election against what is expected to be a strong push by downtown to break the progressive majority on the Board of Supervisors.

In addition, it could roil SEIU’s internal politics after a turbulent year, in which Stern created divisive clashes with his own local health care workers (causing Sal Rosselli to create the rival National Union of Healthcare Workers), UNITE-HERE, and the California Nurses Association.

 

The press release from the winning reform slate follows: 

Reformers Sweep in SEIU 1021 Election; Members Vote for Transparency and Democracy for Northern California’s Largest Public Sector Union 

On Friday, thousands of public sector votes were counted to determine the future leadership of one of the largest unions in Northern California.  This is the first election for SEIU 1021, formed only three years ago after the merging of 10 locals.

The reform slate, Change 1021, swept the elections taking a clear majority of the executive leadership seats. This all-member slate easily defeated the former administration-appointees by the International SEIU.  Some candidates won by a 3 to 1 margin while others enjoyed a comfortable 2 to 1 lead on their opponents. See attached list of election results.

“We are excited about the opportunity to give the leadership of this Union back to the membership,” stated Karen Bishop, the San Francisco County Area Representative Elect.  Former San Francisco Board of Supervisors President and current Chair of the San Francisco Democratic Party  Aaron Peskin agreed, affirming, “It is very heartening to see that real democracy has prevailed.”

Change 1021 campaigned on a platform for reform, seeking a stronger union that would prioritize member representation at work sites; fiscal transparency; and an internal democratic structure. “Members spoke with their votes, sending a clear message about priorities,” said Roxanne Sanchez, President Elect.

The challenges for the new board are daunting-they must reunite and reinvigorate a membership hit hard by the economic downturn, with thousands to receive lay-off notices this week.  The Board Elect is ready to make the budget fight a priority to fight layoffs and preserve important public and non-profit services for our communities.

 “Our members have spoken, loudly and clearly, that business as usual is absolutely no longer tolerable and that a fundamental change in the focus of our union towards the needs and priorities of our members are in prompt order,” says Sin Yee Poon, Chief Elected Officer Elect. For now, there is cause for celebration as the congratulatory calls have been flooding across California from members, elected officials, labor leaders, and community partners.

Newly  elected members will assume office at the next Executive Board meeting, March 9th.   International Union leaders are expected to be in attendance.           

Change 1021 Candidates who were elected are: Chief Elected Officer, Sin Yee Poon; President, Roxanne Sanchez; First Vice President, Gary Jimenez; Second Vice President, Crawford Johnson; Third Vice President, Larry Bradshaw; Secretary, Pamela Morton; Treasurer, Kathy O’Neil; Political Action Comm. Chair, Alysabeth Alexander; Social & Economic Justice Comm. Chair, Gladys Gray; Capital Stewardship Comm. Chair, Harry Baker; Cities Industry Chair, Renita Terry; Counties Industry Chair, Ken Tam; Special Districts Industry Chair, Saul Almanza; Schools Industry Chair, Mynette Theard; Sacramento County Rep, Ken Bloomberg; Registered Nurses Industry Chair, David Fleming; City & County of SF Industry Chair, Kathy Basconcillo; San Francisco Area Reps- Karen Bishop, David Turner, Jacqueline Sowers; Alameda County Area Reps,- Amy Dooha, Eric Stern, Gregory Correa; Sonoma County Area Rep, Nancy Atwell; Budget & Finance Comm Region 3, Michael Tong; and Budget & Finance Comm. Region 4, Mary Jane Logan.

The Chronicle’s dishonest hit on district elections

8

The move to get rid of district elections – which is based entirely on the fact that big business and more conservative voices (including the Chron) don’t like the progressive policy positions of the current board – is now well under way. The Chron devoted its Insight section to the issue Feb. 28, leading with a long editorial that wandered back and forth between points and never really made the case.


An example of the Chron’s logic:


But sitting atop the decision-making tree [in San Francisco] are small-time politicos, some elected with fewer than 10,000 votes in a city with a population of 808,976.


Horrifying! It’s as if the United States Congress – which has to decide issues like war and peace — was made up of local politicos who were elected with as few as 100,000 votes in a nation of 350 million.


Or as if the California Assembly – which has to deal with a $28 billion budget deficit – was made up of local politicos who were elected with as few as 50,000 votes in a state of more than 35 million.


A district supes votes could represent about 1.2 percent of the entire city. A state Assembly member could represent only 0.1 percent of the population of the state. And yet, I don’t hear the Chron calling for the state Assembly to be replaced with an at-large body.


More:


A town with sweeping plans to develop two empty Navy bases at Hunters Point and Treasure Island, fill vacant offices with new jobs, and cut its budget by more than a half billion dollars isn’t getting the thought, expertise – and citywide vision – it needs for these challenges.
This lack of broad leadership obstructs the city’s future. A major cause is the district election system that magnifies neighborhood and tight-knit interest groups to produce officeholders with little stake in citywide questions. If all politics is local, as former House Speaker Tip O’Neill famously declared, then San Francisco has pushed this dictum to the max. It’s all about me and my neighborhood.


That’s absolutely, factually untrue – the district elected board has done more to advance citywide issues – from minimum wage to health care to the rainy day fund to infrastructure planning – than any at-large board in the previous 20 years.


And the Chron’s own editorial contradicts that argument:


Supervisor David Campos (a winner with 9,440 votes) led a move to keep illegal immigrants who are juveniles accused of felonies from being turned over to federal authorities, despite a city legal opinion that the idea wouldn’t fly. Supervisor John Avalos (6,918 votes) dreamed up the “must spend” order directing the mayor to maintain expenditures in a record deficit year. Thankfully, he dropped the idea at the 11th hour


Okay, I get that the Chronicle editorial board doesn’t like the Campos sanctuary bill or the Avalos must-spend legislation – but that are both citywide issues. They have nothing to do with “me and my neighborhood.”


Which is really the entire point here. The Chron doesn’t like the outcome of district elections – because over the past ten years, the progressives have shown they can win district races. There’s a good reason for that; in district races, you don’t need to raise huge amounts of money.


As Assemblymember Tom Ammiano and Supervisor David Chiu point out in an opposing editorial:


Part of that increased accessibility to government is the result of the decrease in the cost of running a district versus a citywide election. In the 1994 citywide elections, the average winning candidate spent $456,000 in today’s dollars. That’s 225 percent greater than the amount spent today: In 2008, the winning candidates spent an average of $204,000. Candidates needing to raise money for a citywide race will inevitably turn to special interests for contributions. If you believe elected representatives should speak up for people, not just the special interests that donated to their campaigns, today’s district system serves you better.



They also note:


Before district elections were passed, under a citywide election system, many neighborhoods – the Excelsior, the Sunset, the Mission and Bayview-Hunters Point – had no supervisor of their own. Today, all residents can pick up the phone and reach an office responsible for their neighborhood and responsive to their concerns – a broken streetlight, a dangerous pothole or a consistently tardy Muni line.


A lot of people don’t like Chris Daly’s personality, and some don’t like his politics, but if you’re a person living on SSI in a grubby little hotel room in the Tenderloin and you need help, you can walk into his office and get a welcome reception and assistance with your needs. You won’t get that from the mayor.


On the other hand, do you think, Don Fisher ever needed to stand in line and try to make a 15-minute appointment to talk to Gavin Newsom? Seriously?


And while we’re on the personality stuff: Yeah, some of Daly’s antics have been over the top. But he’s no worse than some of the others who have served on citywide boards. Former Sup. Bill Maher once accused one of his opponents of having a small penis, and waved around two fingers spread about an inch apart to the press and public.


More important, we had supervisors who did nothing. We had supervisors who did exactly what the mayor said without any question. We had supervisors who were wholly-owned subsidiaries of major local corporations. I’ll take Chris Daly over those folks any day.


By any rational standard, the district board over the past ten years has been more productive, more accountable, more representative and more accessible than any at-large board I’ve seen in my almost 30 years of covering this city.


So the Chron needs to shut up about “citywide perspective”’ and personalities. If the paper wants to oppose district elections, it needs to drop the poll-tested downtown talking points and tell the truth:


The current board is too liberal for the Chron. The moderate candidates the paper prefers can’t win in districts. So they want to change the rules.


That’s the story, beginning, middle and end.


 

The battle for the forgotten district

24

sarah@sfbg.com

This November, when voters in District 10 — the largest, sunniest, and most diverse of the city’s 11 supervisorial districts — replace termed out Sup. Sophie Maxwell, they’ll be making a selection that could have pivotal implications for the entire city.

That’s because the next supervisor from southeast San Francisco inherits a district that is home to some of the city’s biggest environmental and public health challenges, as well as the most potential for development that will determine what kind of city San Francisco becomes.

District 10 is where you’ll find the most polluted and most underdeveloped lands in San Francisco, areas that could either be transformed into models of a sustainability or, in the words of Tony Kelly, the president of Potrero Boosters Neighborhood Association, “be turned into a toxic Foster City.”

District 10 is where the slaughterhouses, tanneries, and glue factories set up shop and used the bay as a dumping ground. It’s where the smokestacks of coal and oil fired power plants polluted the air. It’s where the Navy filled the Bay, built a shipyard at Hunters Point and loaded parts of the first atomic bomb onto the USS Indianapolis in 1945.

District 10 is where the bottom fell out of this industrial economy in 1974, when the Navy left, taking with it people’s jobs, pay, and hopes for a home of their own and a better future, particularly for what was then a predominantly African American population.

And District 10 is ground zero for plans that will triple the population and double the number of homes — homes that likely will only be “affordable” to Google executives and retirees from Marin, forever changing the face of San Francisco’s southeast sector. Critics fear that will accelerate what has been a steady exodus of black residents, replaced by megadeveloper Lennar’s vision for a new D10.

It’s against this dark history and difficult present that a wide open field of more than a dozen candidates are vying to replace Maxwell, who came to power in 2000 and has had a mixed voting record in her decade on the board. Sometimes, Maxwell was the eighth vote that let the progressive majority on the Board override Mayor Gavin Newsom’s veto and pass trailblazing legislation. Other times, she was the swing vote that allowed the moderate minority to carry Newsom’s water.

So, in addition to D10’s many internal challenges, this seat could determine the political balance of power on the Board of Supervisors, placing all the more importance on voters in this long-marginalized part of town.

 

DISTRICT OF DISCONTENT

Eric Smith, a biodiesel activist who has thrown his hat in the D10 ring, says that there is a lot of frustration in the air, and looking at the problems the district is facing, it’s hardly surprising that it has what nearly every candidate agrees is a fractured political culture.

“The Bayview, the Hunters Point Shipyard’s toxic Superfund site, the homicide rate, unemployment, poor public transportation, dwindling services and community resources have made D10 one of the city’s largest melting pots of discontent,” Smith said.

Smith’s words were spoken while the Elections Department was verifying signatures earlier this month on a second failed effort to qualify a petition to recall Maxwell.

Bayview resident and D10 candidate Marie Franklin didn’t support the attempt to recall Maxwell, but she understood it as “a frustration movement.”

“People are sinking in the sand, we’ve already lost so many of them, and they felt Sophie wasn’t doing anything for them,” said Franklin, who praised Maxwell for helping get Franklin’s apartment building complex renovated — a job that was completed 18 months ago, at a cost of $65 million, creating 500 local jobs.

“There are 654 units here, and they were uninhabitable,” Franklin said. “There was black mold, rain falling inside. We had people living worse than Haiti.”

Franklin, who said she is running because she “knows the history,” came here in 1978, when she and her son were living in a car after a fire left them homeless. She said the Bayview was a totally isolated area, barely part of mainstream San Francisco.

“There were no taxis, no services,” she recalled. “Nobody would come here, it was the stigmatized area where no one was accountable to provide services.”

The Bayview — which in some ways is the heart of D-!0 — wasn’t always a black community. But African Americans have been living here for 70 years, dealing with all the racism, denial of services, poverty, and pollution. And it bothers Franklin that 85 percent of the 10,500 homes that Lennar plans to develop won’t be affordable to the elderly, disabled, unemployed and low-income people who currently live in the Bayview.

“We need to preserve the diversity of the community and make sure their issues and information will flow to City Hall,” she said. “You must give the people a handle. If you don’t reach out, they’ll slip. That’s why folks out migrated.

Whoever succeeds Maxwell will be a central player in addressing some very big and dirty issues: the future of the Navy’s radiologically impacted shipyard at Hunters Point, Lennar’s massive redevelopment plan for the Shipyard and Candlestick Point, the polluting power plants, replacement of stinky digesters at the sewage plant, and the SF Hope public lousing rebuild.

There’s also the chance to address violence and crime. James Calloway, a candidate who has long worked in Bay Area schools, told us he believes that education and jobs are part of the keys to rejuvenating the district.

“Job opportunities are not as plentiful in the district,” Calloway said. “When I was a kid, you could walk down Third Street at 2 a.m. Now I wouldn’t walk down it at 9 p.m., and I know the area.”

Calloway is hopeful that the massive redevelopment plan, if done correctly, could start the district’s comeback. “Not a lot of black folks stay here when they have extensive education,” he said. “But it’s not only them. Many were displaced by redevelopment and had no way to go back.”

 

ELECTION UP FOR GRABS

The largest of the city’s 11 electoral districts, D10 is a huge triangular piece of land in the city’s southeast sector that was used as an industrial dumping zone for decades. Today, the district runs from the Giants stadium at AT&T Park to the 49ers stadium at Candlestick Point and encompasses Mission Bay, Potrero Hill, Dogpatch, India Basin, Portola, Little Hollywood, and Visitacion Valley. It’s also crossed by two freeways that isolate it from the rest of the city, and is home to a large number of crumbling housing projects that are in the process of being rebuilt.

Candidate Ed Donaldson grew up in the projects until he was 10 years old, when the Redevelopment Agency kicked his family out in the 1970s. “We landed on our feet, but others weren’t so lucky,” said Donaldson, who works as a housing counseling director at the San Francisco Housing Development Corporation.

“There is a sense that the Bayview and Visitacion Valley have not been included within the San Francisco family,” Donaldson said. “There is a sense of being forgotten.”

In 2007, Donaldson co-founded the Osiris Coalition to tackle the city’s dormant Certificate of Preference program, in which the Redevelopment Agency issued a document to displaced residents and businesses in the 1960s promising that they could return.

He also tried to rescue some 700 foreclosed properties and recycle them as affordable housing stock. And now he is trying to prevent the city from bulldozing seven SF Hope projects without guaranteeing residents that they have right to remain.

In 2007, Mayor Gavin Newsom and Maxwell convened an African American Outmigration Task Force that didn’t get a public hearing about its findings until August 2008. The timing angered some, who questioned why the report’s findings and implications for urban planning weren’t released before June 2008, when the residents of San Francisco voted for the Lennar-led Proposition G, a proposal to build 10,000 market rate homes at one of San Francisco’s last remaining black communities, which Newsom and Maxwell endorsed.

The taskforce didn’t publish its recommendations until the end of 2009, allegedly because of insider squabbling. Meanwhile, gentrification was going on actively, and many blamed Newsom, and by extension Maxwell, for failing to do anything with the group’s findings as D10 residents continued to suffer from high rates of asthma, cancer, unemployment and an ongoing black exodus.

It wasn’t always this way. In the 1940s, the district’s black population exploded when migrants from the south and World War II veterans came to work at the Hunters Point Naval Shipyard. Some moved to Alice Griffith Public Housing complex, or Double Rock, which was built as military housing in 1962. Others relocated to the Bayview when the Redevelopment Agency took over the Fillmore/Western Addition in the ’60s and ’70s as part of a controversial urban renewal effort.

But when the Navy abandoned the shipyard in 1974, unemployment hit the black community hard. Today, hundreds of the city’s lowest income residents live in Alice Griffith’s crumbling units and endure sewage backups, no heat, cloudy drinking water and leaking ceilings, as they wait for the projects to be rebuilt.

“Generations have been trapped in the silo of public housing and cannot get out, because of lack of opportunity and education, so when we legislate, we need to take that into consideration,” said candidate Malia Cohen, whose grandfather came from Texas to work at the shipyard where he met her grandmother, whose family came from New Orleans.

“My grandfather’s father was a longshoreman. He worked with the infamous Leroy King [a commissioner at the city’s Redevelopment Agency] and he has fantastically vivid stories of racism,” said Cohen, who works for the Federal Reserve Bank of San Francisco, previously served on the executive staff of Mayor Gavin Newsom, and has already raised over $18,000 in the D10 race and qualified for public matching funds.

“My family came here to work hard, they lived on Navy road in the projects, and then they bought a house here. My parents were born here, and we were all public schooled,” Cohen recalled as she took me on a tour of D10 that ended up in Visitacion Valley, an increasingly Chinese-American neighborhood that reflects a district-wide trend.

Census data show that by 2000, Asians were the largest racial group in the district (30 percent), followed by blacks (29 percent), whites (26 percent), and Latinos (19 percent). By 2003, according to the California Urban Issues project, the trend continued. Asians were the largest racial group (32 percent), followed by blacks (27 percent), whites (21 percent) and Latinos (17 percent) of the population.

This means that D10 candidates will have to garner support from more than one ethnic group to win. Over a dozen candidates have already filed papers in the race, but so far there is no clear front-runner.

Also frustrating the prognosticators is that fact that D10 has had the lowest voter turnout in the city, so the winner will also depend on who goes to the polls.

D10 candidate Geoffrea Morris, who is the grand daughter of longtime Bayview activist Charlie Walker, has been knocking on doors and participating in voter registration drives.

“We need new blood,” Morris said

Getting elected will be a complicated equation. Although Bayview’s population was 50 percent African American at the time of the 2000 census, it didn’t turn out the vote. In the 2006 election, only 14,000 of the district’s 37,000 registered voters went to the ballot, and 50 percent were from whiter, richer, and more Asian neighborhoods.

“It’s very important to the future of the city that the ethnicity diversity of the board be maintained and that the African American community have representation,” former Board President and current Democratic Party chair Aaron Peskin told the Guardian.

Maxwell recently told the Guardian that she’s not ready to endorse any D10 candidates yet. “I’m waiting for people to have a better understanding of what this community is, what the common thread running through it is, and how to use rank choice voting,” she told us.

The only candidate who currently holds elected office is BART director Lynette Sweet, who had her answers down pat when we reached her by phone, and even used wording that was eerily similar to Maxwell’s words.

“D10 is a pretty diverse district, but there is only one common thread: the need for economic development,” Sweet told me. “That’s true in Potrero Hill, Portola, Dog Patch and the Bayview. It’s the same mantra: a lot of small businesses need help, and the only way to help them is through economic development. In Potrero Hill it’s about land use. In the Bayview, it’s about the shipyard and better transportation and truancies.”

 

THE COMMON THREAD

District 10 is ground zero for the Lennar’s $2.2 billion plan to develop 10,500 market rate condos at the Shipyard and Candlestick Point. The plan will allegedly create thousands of jobs and new parks, deliver on an historic community benefits agreement that labor groups claim is so “lawyered up” that the developer can’t renege on its promises.

The package is framed as the one and only way to revitalize the southeast’s formerly vibrant economic engine. Indeed, any time anyone tries to slow down the process—to take time to thoroughly read the draft EIR and see if it adequately addresses the impacts of this massive urban reengineering project — a chorus of “no delays” starts up, either from residents of the housing projects desperate to see their homes rebuilt, or the labor contractors who hope to get jobs.

“It’s as if the city is playing checkers, while Lennar is playing three-dimensional chess,” Eric Smith observed.

Lennar has stated that it will contribute $711 million to finance this massive project. The remainder will be leveraged by Mello-Roos bonds, state taxes based on the use and size of a property and intended to raise money for needed services, and tax increment financing, which creates funding for projects by borrowing against future property tax revenues.

The conceptual plan won Maxwell’s backing but environmental groups are critical of the draft EIR.

During DEIR hearing, environmentalists questioned the wisdom and the cost of filling the Bay to build a bridge over Yosemite Slough, and building condos on Candlestick Point state recreation area, the only open major open space in the district.

But the city’s Planning Department also has 20,000-30,000 units of housing in its pipeline. This means that if all these plans get approved in the next decade, they’d account for 80 percent of residential development citywide. And D10’s population could triple, further skewing the district’s already shifting demographics.

In other words, D10 as we know it could become nothing more than a historic relic in a few years, and the next supervisor will play a key role in deciding whether that happens. SFHDC’s Ed Donaldson warns that any supervisor who does not understand the complexity of the city’s largest district can expect a similar recall backlash in future.

“There is no one homogenous voice in the community,” Donaldson said. “The grass-roots organizing that brought about the recall effort was a result of a changing political structure in the area, but is not yet on par with other districts in town. We still allow our politics to be controlled from downtown.”

Fellow candidate Eric Smith warns that the issues—and politics—are complex.

“People were emotional, angry, and desperate because they feel no one listens to them,” Smith said. “That’s part of the problem here; they would rather have a supervisor go down swinging for them, rather than watch one seemingly side with Lennar, PG&E and the mayor on issues contrary to their interests. That’s the terrible irony and one of the biggest problems in District 10. Folks are so mad, they’re willing to do whatever it takes to make them feel they have a voice in the outcome, even if it’s potentially worse.”

Smith cited the sequence of events that culminated last year in the Navy dissolving the community-based shipyard Restoration Advisory Board (RAB), which for years has reviewed technical documents and commented on the Navy’s clean-up proposals. But in December, the Navy made its official decision to disband the RAB, citing dysfunctional behavior and off-topic discussions that got in the way.

“Some of the same folks who were frustrated by the process, tried to send a signal to the Navy that they weren’t being heard and for all their well-intentioned efforts got the RAB dissolved,” Smith said. “I truly feel for them, it’s absolutely heartbreaking, but at times, they can be their own worst enemy.”

One of the looming issues about the shipyard is that the land has been polluted and needs to be cleaned. The shipyard contains radioactive debris from ships towed to the shipyard, after a 90-foot wave washed over them during an atomic test gone awry. The Navy burned 610,000 gallons of radioactively contaminated ship fuel at the shipyard, and workers showered on the shipyard, raising concerns that radioactive materials got into the drains and sewers. And questions have been raised about radiological tests on animals at the yard.

 

LEAKS AND FLOODS

It’s not just the shipyard that’s toxic. Even the buildings that were constructed to house workers 50 years ago are a serious mess.

Realtor Diane Wesley Smith, who grew up in public housing projects, took me on a walking tour of Alice Griffith last week to see conditions that tenants will likely have to endure until at least 2014, if the city sticks to its plan to relocate people into a new replacement unit in the same geographical area, if not the exact same site.

What we found was pretty messed up.

“The water sometimes comes out brown and feels like sand. It’s been like that for a year,” one resident said.

“The water is cloudy, the bath tub isn’t working and the sink keeps stopping up,” said another.

A woman named Silvia showed us how the water from the tap in her elderly mother’s kitchen flows out cloudy and then doesn’t settle properly, like foamy beer.

“The roof’s been leaking for years, the sewage backs up, but they just fixed the lights,” Silvia said. A neighbor named Linda was using her oven as a heater.

“The toilet backs up a lot, and my grandson’s been coughing a lot from asthma,” Linda said.

“Roaches is always a problem,” said a woman named Stormi, dressed in black sweats and a black T-shirt that read, “Can’t knock the hustle.”

“They’re trying,” said Stormi, a member of the Alice Griffith Residents Association, as a couple of Housing Authority trucks pulled up to do repairs.

“They promise that you will not have to leave your unit, but if they try to move us down to the waterfront, well, there’s a reason there’s no housing there, and it’s because the land will flood,” Stormi said.

“If we don’t end up at the table, we’ll end up on the menu,” Wesley Smith warned, as she stopped to chat with a group of young men, who were worried they would pushed out of the Alice Griffith rebuild through the criteria being established.

“Fred Blackwell, the executive director of the Redevelopment Agency, assures me that’s not the case, but Alice Griffith is a Housing Authority property, and empty promises have the potential to be great promises provided they are made in writing,” Wesley Smith said as we walked out of the projects and onto the road where a yellow and black sign announced “flooded” next to Candlestick Point park, where Lennar wants to build.

Malia Cohen expressed concern about Hope SF residents, as we drove through the Sunnydale housing project.

“We have to be diligent and mindful that people are not pushed out,” Cohen said, noting the sweeping views at Gleneagles golf course above Sunnydale, and the value of housing for a golf course community. “When public housing gets taken offline, we must work with Redevelopment and the Housing Authority to make sure no one is changing the rules halfway. We have to make sure the talks and walks line up. We need to be equal partners. We cannot be bulldozed by City Hall.”

Geoffrea Morris is a Calworks employee, at the Southeast Community College facility on Oakdale, which was built to mitigate the city’s expansion of the sewage plant in 1987. She cited concerns about the literacy levels of people who live in the 2200 public housing units that cluster D10. “A lot of people in Alice Griffith don’t even know the dates or when it’s going to be reconstructed,” Morris said. “Folks like to be told stuff like that, but the city gives you a stack of papers. Some will read them, but others rely on folks they think are trustworthy. They need stuff in layman’s terms written on one sheet of paper.”

Morris is a fan of the Internet who posted a community survey online, and made sure every housing project got some literature telling people to get informed. She worries about the digital divide in D10:

“A lot of folks don’t have computers and access to important information,” Morris said. “And let’s talk about the way ‘affordable’ is used to trick people.”

Michael Cohen, Newsom’s top economic adviser, recently stated in a memo that over the expected 15-20 year phased build out, Lennar’s Candlestick-Shipyard development would include, “up to 10,500 residential units, about 32 percent of which (3,345) will be offered at below market rates.”

“But 892 units of this ‘affordable category’ will be sold to folks earning $100,000,” Morris said. “So if you subtract 892 units from affordable unit category, you’re back to 25 percent affordable.”

Candidate Kristine Enea, an attorney and a former RAB member, chairs the India Basin Neighborhood Association, which administers a US EPA grant to hire experts to translate the Navy’s cleanup documents into plain English and comment on them She was frustrated by the Navy’s decision to dissolve the RAB.

“The lack of a forum does nothing to bolster the community’s trust in the cleanup or the redevelopment process,” Enea said.

Enea generally supports the Lennar project, but has concerns about whether it will adequately mitigate increased car traffic, or result in commercial development that benefits her neighborhood.

“India basin is a pocket of Hunters Point right along the shoreline,” Enea said. “Right now, we have no shops or restaurants, no ATM, no groceries, nothing beyond one liquor store and a few industrial businesses.

Potrero Boosters president Tony Kelly told us that District 10 residents can think for themselves. “D10 residents don’t need to rely on corporations to solve their problems,” he said.

“Folks in the eastern neighborhoods came up with a better revitalization plan than what the city proposed and community activists managed to close the power plant, after the city said it was impossible,” Kelly recalled.

And there’s no shortage of good ideas.

Kelly suggested that an urban agriculture center could immediately put low-skilled folks to work by erecting greenhouses on unused land. Smith said the industrial zone could be “incredible eco-park made from sustainable sources.

‘D 10 is the dumping ground for everything, including all the city’s waste,” he said. “We could be a shining example, not just for D 10, but the rest of the state.”

The D 10 candidate line up includes Calloway, Cohen, Donaldson, Smith, Enea: civil rights attorney Dewitt Lacy, Morris, Potrero View publisher Steve Moss; District 7 BART director Lynette Sweet, Wesley-Smith. Bill Barnes, who works for Sup. Michela Alioto-Pier, and Linda Richardson, who was appointed to the Human Rights Commission in 2007 by Mayor Newsom, have also expressed interest in the race.

In such a huge field, name identification will play a major role. Sweet is in office, but BART Board is not a high-profile job and won’t give her a huge advantage.

Cohen has a slight edge right now in that she’s raised $18,505, including $500 from former Newsom flak Peter Ragone, making her the first D. 10 candidate to qualify for campaign financing. The oldest of five girls, Cohen recalls how her mother got laid off from her city job as a school-based mental health worker and then rehired, as part of the city’s budget cuts.

“We felt that pinch and the frustrating games that are played out between the leadership and the rank and file,” she said.

Cohen who worked for Newsom in his first term as mayor, but has since left his administration , said she is uncomfortable at being framed as Newsom’s candidate.

“Because I’m not, but I am one of the few candidates who has seen how the mayor and the Board work—and don’t work—together,” she said.

Moss sees the city’s southeast as a “district in transition.” Over coffee at Farley’s in Potrero Hill, he told me that the southeastern neighborhoods could be “launching pads for environmentally sustainable growth.”

“The district’s been in a frozen period for 30 years, But despite the problems, people are deeply committed to and in love with their community.

“This district is the future of San Francisco and its social fabric—the diversity, income –and its problems are leftovers from the city’s industrial age.”

 

 


 

DISTRICT 10, BY THE NUMBERS

Total Acres: 5,650

Average household income: $85,000

Population: 73,000

Registered voters: 37,700

Average housing price: $335,000

Ethnicity (2003 figures): Asian 32%, African American, 27%, white 21%, Hispanic 17%

Development status of land: 18% residential, 38% is commercial, 38% undevelopable

All figures the latest available. Sources: SFGIS, Association of Bay Area Governments, U.S. Census, California Urban Issues Project. Ethnicity and income data is from 2003 and almost certainly has changed.

Newsom’s getting closer

19

There are really only two obstacles to Newsom’s jumping into the Lt. Gov.’s race. One is the possibility that he might lose, but he would be the instant front runner. The other is the supposed fear of leaving the city in the hands of whatever mayor the Board of Supervisors chose.

And according to the Chron’s politics blog, he’s gotten over the second hurdle:

“It’s no surprise I’m looking at running for another office,” he continued. “I’m out of here. I’m termed out anyway…I do take my job seriously, but I’m capable of doing a lot of things at one time. By definition, it’s a skill set I must have.”

He added that if people are so concerned about one of the supervisors becoming mayor for the year before the next scheduled mayoral election, maybe they shouldn’t have elected them to the board in the first place.

“If it’s just concern with me leaving, maybe they should look at who they elected,” he said.

 

 

Poll: Voters give $11 billion water bond thumbs down

3

By Rebecca Bowe

There is very weak support across political and geographic boundaries in California for a proposed $11 billion water bond that will go on the November ballot, according to the results of a poll released yesterday.

Just 34 percent of respondents said they would vote yes on the proposed $11 billion bond, while 55 percent said they would vote no. A more detailed breakdown revealed that 32 percent of likely voters indicated that they would definitely vote no, while only 12 percent said they would definitely vote yes.

“This bond is in deep trouble,” said Ben Tulchin of Tulchin Research, the firm that conducted the poll. “No bond has ever won statewide that started with a majority against it. It faces a real uphill battle.” Tulchin Research conducted the poll at the request of groups opposing the bond. The poll surveyed 600 likely voters across California, asking respondents to share their opinions after reading them the title and summary.

Tulchin, who has conducted polls for bonds and ballot initiatives throughout California, said support for proposals typically start at a high point and then decline as the election date nears. “In this case, the bond is starting at a low point,” he said. “In general, you want to see support around 60 percent” to win on a proposal, he said. “This is nothing near that.”

The proposed bond would include funding for a variety of water-infrastructure projects including new dams and reservoirs. Its primary backers include Gov. Arnold Schwarzenegger, who last year said he would reject any water bill that didn’t include a plan to fund new water-storage projects, and major agricultural interests who are concerned about secure water availability for irrigation purposes.

Mark Schlosberg, of San Francisco-based Food & Water Watch, opposes the bond.

“It’s the wrong bond, at the wrong time, and it does the wrong thing,” Schlosberg told the Guardian. He described it as a measure that could result in giveaways to corporate interests, such as developers of major desalination facilities. Some $1 billion of the bond is earmarked to go toward water recycling or desalination projects.

Schlosberg said he expects big agriculture and other backers to spend “tens of millions” in support of the proposed bond. But in the face of high unemployment and cuts to education, public safety and other services, “We can’t afford to spend $11 billion on this boondoggle,” he said.

Meanwhile, Congressional representatives have been airing concerns regarding water policy too. According to this post on Calitics, four members of the house recently sent a letter to Sen. Diane Feinstein blasting her plan to introduce legislation to speed pumping out of the Delta.

The war on suburbs? Huh?

10

Joel Kotkin, the author and urban scholar, was on KQED’s Forum this morning talking about what he called “the war on the suburbs.” He’s got a new book out, called The Next Hundred Million: America in 2050, and he’s arguing, among other things, that the election of Scott Brown in Massachusetts signals that the Democratic Party and progressives in America have lost touch with the suburbs and are being mean to the poor suburbanites.


He talked, for example, about Tracy, California, and noted that a suburbanite living in Tracy doesn’t want to pay taxes because he doesn’t see what he’s getting for his money. Kotkin sugggestes that the state ought to go back to the Pat Brown era, and focus on spending money on infrastructure, instead of on “state employee pensions.”


Never mind that when Pat Brown was governor, the population of California was less than half what it is today — and the state was far less diverse, had far fewer immigrants, far fewer residents whose primary language is not English and, frankly, was a lot more tolerant of poverty.


That was also before the passage of Prop. 13, so the state didn’t have to spend money on schools and local government; local property taxes covered those things.


In fact, I think what’s going on is just the opposite of what Kotkin is talking about. (He, by the way, says that suburbs are going to be more and more sustainable as more jobs relocate and we start using natural gas in our cars.) I realize that suburban voters can easily shift to the Republican party if the Democrats aren’t careful, but I also think that what’s happening in the United States today is not a war on suburbs but a war on cities.


The state and federal governments have systematically defunded urban America for more than 30 years now, and we’re paying the price. The hypothetical suburbanite in Tracy may think he’s not getting his money’s worth, but the truth is just the opposite; the suburbs — typically, not always but typically — have better-funded schools, better maintained streets, better sewage systems, less crime … and less of an income gap among residents.


Cities are, and will remain, America’s future, and we ignore that at our peril.  


 

The people vs. corporate power

2

steve@sfbg.com

The June 8 election is shaping up to be one that pits the people against powerful business interests, a contest that will demonstrate either that money still rules or that growing public opposition to corporate con-jobs has finally taken root.

On the state level, the five ballot measures include two brazen money-making schemes and two experiments in election reform, along with primary races that are still in flux. In San Francisco, where the ballot measures still have a few more weeks to shake out, the election will feature two rarely contested judges races, recession relief for renters, City Hall fiscal reforms, and a fight for control of the local Democratic Party.

So far, only four local measures have qualified for the San Francisco ballot, all placed there by members of the Board of Supervisors. Progressives qualified the Renters Economic Relief package (which limits rent increases during recessions and sets conditions for landlords passing costs to tenants), an initiative establishing community policing standards, and one affirming city support for making Transbay Terminal the northern high-speed rail terminus. Supervisors were unanimous in supporting a charter amendment governing the Film Commission.

But the board is still hashing out changes to the more controversial ballot proposals, a debate that will continue at its Feb. 23 meeting. They include an overhaul of how the city funds its pension program and an effort to remove Muni salary minimums from the city charter, both by Sup. Sean Elsbernd; a $652 million seismic safety bond proposed by Mayor Gavin Newsom; and a Sup. John Avalos charter amendment that would prevent the mayor from unilaterally defunding certain budget expenditures. All measures must be approved by March 5.

Also still forming up in the coming weeks are primary races for legislative seats (although no incumbents appear to be facing strong challenges) and all eight state constitutional offices, including governor (where Attorney General Jerry Brown seems poised to easily win the Democratic nomination), lieutenant governor, and attorney general (which District Attorney Kamala Harris is running for).

Candidates have until March 12 to declare themselves for statewide and legislative offices, as well as for the San Francisco Democratic County Central Committee, which could play a key role in this fall’s Board of Supervisors elections. Two years ago, a slate of progressives led by Aaron Peskin and Chris Daly launched a surprise attack to wrest control of the board away from the moderates who have long controlled it. Newsom, U.S. Sen. Dianne Feinstein, and their downtown allies are expected to try hard to regain control over their party’s purse-strings and endorsements.

 

JUDGING THE JUDGES

Another struggle from two years ago is also being replayed. In 2008, then-Sup. Gerardo Sandoval successfully challenged Superior Court Judge Thomas Mellon, arguing the Republican-appointed jurist was too conservative (and the entire court is not diverse enough) for San Francisco. This time the target is Judge Richard Ulmer, a conservative appointed by Gov. Arnold Schwarzenegger. Ulmer is being challenged by two LGBT attorneys, Daniel Dean and Michael Nava, the latter endorsed by Sen. Mark Leno, Assembly Member Tom Ammiano, and Peskin, who chairs the Democratic Party and could be helpful in the race. “He’s a brilliant guy,” Leno said of Nava.

Leno also has endorsed deputy public defender Linda Colfax, a Latina lesbian, in a four-way race to replace retiring Judge Wallace Douglass. The other candidates are Harry Dorfman, Roderick McLeod, and Robert Retana. If no candidate wins a majority of votes, the top two finishers square off in a runoff election in November.

Leno said he’s thrilled to see a diverse crowd of attorneys seeking judgeships: “This governor has failed horribly in his appointments, not only with the LGBT community, but with communities of color as well.”

 

TWO COMPANIES TRY TO BUY CALIF.

The struggle between the broad public interest and the wealthy power brokers that have long-dominated California politics is most apparent in the state propositions, which have been certified and for which ballot arguments are now being collected by the California Secretary of State’s Office.

Two of those ballot measures, Propositions 16 and 17, are blatantly self-serving efforts by a pair of powerful corporations to increase their profitability, however deceptively and with overwhelming amounts of campaign cash they are presented.

Prop. 16, sponsored by Pacific Gas & Electric Co., would require local governments to get two-thirds of voters to approve creation of energy programs like Clean Power SF, San Francisco’s plan for developing renewable energy projects and selling that power directly to citizens.

As we’ve reported (“Battle royale,” Jan. 13, and “PG&E attack mailer puts City Hall on defensive,” Dec. 22, 2009), PG&E placed the measure on the ballot to avoid having to repeatedly crush public power initiatives around the state with multimillion dollar campaigns, even though political leaders like Leno and Sup. Ross Mirkarimi say the measure violates the state’s community choice aggregation law. That law allows local governments to create energy programs and prohibits PG&E from interfering with those efforts.

“The unregulated behavior of corporate arrogance is killing our democracy. Prop. 17, sponsored by Mercury Insurance, would let companies increase car insurance premiums for a variety of reasons that are now prohibited by the 1988 measure Prop. 103. Mercury has continuously attacked that landmark law, using lawsuits, huge political contributions, sponsored legislation, and, according to newly released documents from the California Department of Insurance (see “The malevolence of Mercury Insurance,” Feb. 10, Guardian Politics blog), blatantly illegal activity in setting premiums and excluding certain customers, such as artists, bartenders, and members of the military.

“The Mercury initiative is even more pernicious than what it was doing before,” Harvey Rosenfield, who wrote Prop. 103 and works for Consumer Watchdog, told the Guardian. “Under Mercury’s initiative, if you’ve never had prior insurance, you can be surcharged for the first time. Then they’ve thrown in some other tricks and traps.”

Mercury spokesperson Coby King told us the company has been unfairly maligned and denies that the measure is simply about boosting its profits: “Prop. 103 is the law of the land, but to the extent there are improvements that can be made that are pro-business and pro-consumer, Mercury has not been shy about acting in the public interest.”

Yet few public interest groups or public officials believe the claims being made by Mercury or PG&E, and they hope that the public won’t be fooled.

“These are measures designed to give a financial advantage to a specific industry or company,” U.S. Rep. John Garamendi, who battled Mercury as California’s first insurance commissioner, told us. He strongly opposes both measures, but did say, “Money talks. It always has, particularly in propositions.”

Yet Leno said he’s a bit more hopeful: “Californians have been savvy in the past, and I do believe they’ll be able to see through the tens of millions of dollars in misleading ads.”

“To me, it’s a classic case study of what’s going on with the initiative process in California and with politics in general,” said Derek Cressman, western regional director of California Common Cause. “There are two initiatives literally sponsored by corporations to push very narrow interests.”

Yet Cressman said recent events could help. There’s been a big public outcry in recent weeks over the U.S. Supreme Court’s decision to allow unlimited corporate spending to influence elections, the role that insurance companies played in sinking federal health care reform efforts, and the way businesses interests are hindering efforts to deal with global warming.

“It makes people aware of the overwhelming role corporations are playing in dictating government policy,” Cressman said.

 

TAKE OUT THE MONEY

A pair of election reform measures might help lessen the influence of money and political parties. Prop. 14 is an open primaries measure that Sen. Abel Maldonado (R-Santa Maria) got placed on the ballot as a condition for breaking last year’s budget stalemate. It would create a single primary ballot and send the top two finishers to the general election, regardless of party.

Prop. 15, the California Fair Elections Act, takes direct aim at the corrupting influence of money in elections, creating a pilot public finance program in the secretary of state races for 2014 and 2018. The measure, which has broad support from politicians and good government groups in the Bay Area, is modeled on successful programs in Maine and Arizona.

“No elected official should be in the fundraising game the way they are now,” campaign chair Trent Lange told us. “This is a way to change how we fund elections.”

The idea is to create a model that will eventually be used for other offices. The campaign fund would be generated by a $350 annual fee on lobbyists, lobbying firms, and lobbyist employers. Currently lobbyists pay just $12.50 per year to register, which Lange said, “just shows the power of lobbyists in Sacramento.” *

 

Labor’s love lost

4

Note: This file has been corrected from an earlier version.

rebeccab@sfbg.com

Two recent events could have major implications for Service Employees International Union Local 1021 — San Francisco’s largest public-sector union and an important ally for progressives — for better or for worse. And this union’s fate seems closely tied to that of the progressive movement in San Francisco.

The first event was likened to a “nuclear bomb in the morning paper” by one observer, and might be interpreted as the kickoff to a fierce budget battle. Mayor Gavin Newsom announced that he is considering a plan to help solve next year’s budget deficit by laying off 10,000 full-time city workers and rehiring them at 37.5 hours, which would amount to a sweeping 6.25 percent pay cut for workers and an estimated $50 million in savings for a fiscally impaired city.

Though it was framed by Newsom spokesperson Tony Winnicker as one preliminary cost-saving option among many, the proposal received prominent front-page coverage in the San Francisco Chronicle, even before official discussions were called between the mayor and public sector unions. Since SEIU Local 1021 represents 17,000 members in San Francisco and a majority of the city’s 26,000 total employees, it would likely absorb the greatest impact if such a plan went through.

At the same time the mayor’s startling announcement hit newsstands, SEIU was in the midst of mailing out ballots to its membership for union elections. “I don’t know whether it’s a coincidence, or if the city is taking advantage of the fact that SEIU is absorbed in its elections,” Sin Yee Poon, an SEIU chapter president for Human Services Agency workers, told us while pointing out that the events happened simultaneously.

With three separate slates of candidates vying for control of SEIU Local 1021, grudges between warring internal factions have intensified into bitter sparring matches. The timing is unfortunate — just as SEIU’s internal turmoil is coming to a head, one of its greatest battles is pending over an unprecedented $522 million budget shortfall that looms like a dark cloud over the city. The deficit will surely result in job losses, and the public sector union’s ability to mount resistance even as it wrestles with internal strife is shaping up to be a key question.

This pivotal moment carries wider political implications considering that the progressive organization has in the past helped seal an alliance between San Francisco’s left-leaning leaders and organized labor through the San Francisco Labor Council.

With SEIU besieged by infighting and soon to be hurting from wage slashes and layoffs, more conservative factions of the labor community, such as the San Francisco Firefighters Union and the Building and Construction Trades Council, have recently been butting heads with progressive members of the Board of Supervisors.

At the same time, forces on all sides are beginning to eye the coveted seats up for election in June at the Democratic County Central Committee, a Democratic Party hub that is a cornerstone of local political influence, as well as the seats that will open up on the Board of Supervisors in November. Negotiations between unions and the mayor are ongoing, and mayoral spokesperson Tony Winnicker was quick to note that Newsom is open to options, other than reconfiguring 10,000 city jobs, that organized labor brings to the table. At the same time, the Guardian heard from numerous sources that city workers felt outraged and blindsided by Newsom’s decision to air the plan in the Chronicle instead of bringing stakeholders to the table.

SEIU Local 1021 President Damita Davis-Howard told us she thinks the idea of taking $50 million out of the pockets of working people in a rocky economy is wrong-headed.

“This was devastating,” said Davis-Howard, who is running for a newly created union position called chief elected officer, which is different from the union president, and similar to an executive-director post. “The mayor might as well have raised their taxes, because if you decrease their pay by 6.25 percent, they will still have the same amount of work, they will still have to pay the same mortgage, they will still have to buy the same food, the same PG&E, and they’ll be doing it with a lot less money. If any idea like this were to go through, it would actually remove the very fabric or fiber of San Francisco. It would really cut to the core of the very being of San Francisco. … I don’t see how anybody could believe that we could continue being the city that we love being with this kind of action.”

Winnicker, the mayoral spokesperson, cast it as a plan that could avert hundreds or even thousands of layoffs. “This year the easy decisions are behind us,” he noted in a recent discussion with the Guardian.

Solving last year’s fiscal shortfall was far from easy — budget tussles between frontline city workers and the mayor got ugly, and even then, the city received millions in federal stimulus dollars to cushion the blow. A similar plan of sweeping hourly cuts was floated then too, but it didn’t gain enough traction to move forward.

“The mayor is facing a huge budget deficit, there’s no question about it — but he has not lifted one finger to raise a dime in revenue,” charged SEIU member Ed Kinchley, who works at San Francisco General Hospital. As for how the union might respond if such a proposal went through, he speculated, “I think it’s the kind of thing that could lead to a strike. A big fight.”

While the city charter bars strikes by public employees, Kinchley’s comment indicates the level of frustration among SEIU’s rank-and-file.

 


 

The proposal could present a common enemy and a rallying point for a union in disarray. Internal jockeying for elected positions can be fierce in any organization, but for San Francisco’s service-workers union, the rifts are particularly deep.

The elections, which will be decided Feb. 28, mark the first time since a radical restructuring in 2007 that members will collectively decide who should lead. In 2007, the face of SEIU was changed across California when the international president, Andy Stern, began consolidating dozens of far-flung locals into centralized, beefier entities in a bid to maximize political effectiveness (California comprises roughly one-third of the entire union’s membership).

Local 1021 came into existence when 10 locals were conglomerated into one 54,000-member giant — hence the “10-to-one” label — representing health care and frontline service workers from the Bay Area to the Oregon border. 

In San Francisco, where a large segment of its members are based, the shift was interpreted by some as a power grab, and it triggered a period of ongoing strife between those allied with Stern and the international wing on one side, and those dissatisfied with changes they saw as antithetical to the democratic ideals championed by Local 790, its predecessor, on the other.

In the years following the reorganization, Stern began trying to aggregate members by raiding other unions to consolidate power. But campaigns to bring in members from United Healthcare Workers (UHW) and fend off membership losses to the newly created National Union of Healthcare Workers (NUHW) have consumed money and resources that some members told the Guardian would’ve been better spent bolstering national support for health-care reform and the Employee Free Choice Act. According to one source, SEIU spent $10 million on a Fresno battle against NUHW.*

A fight waged between SEIU Local 1021 and UNITE HERE Local 2, a hotel-workers union that was historically allied with Local 1021’s predecessor, left some members especially stung because it marred a longstanding relationship between two groups of frontline workers.

“Andy Stern has concentrated more and more power into the hands of a group of so-called elite members of the union,” Kinchley told the Guardian. Stern’s top-down leadership style and growth-oriented objectives “run pretty harshly against what many of us believe is in the best interest of our workers locally,” he added.

In recent weeks, divisions have deepened further. A staff person who preferred not to be identified for fear of retribution filed charges with the U.S. Department of Labor against a supervisor, who is aligned with the international faction, for alleged harassment and bullying. Another complaint was filed with union leadership alleging that union bylaws were violated when membership money was authorized, but not spent, to conduct a poll without proper approval.*

“There’s a fiscal rogue-ness about it. [Davis-Howard] does whatever she wants, and she spends our dues money without authorization from anybody,” Kinchley charged.

Stern appointed Davis-Howard, and now she is running for election on a slate aligned with the international wing. When the Guardian tried to reach her to discuss union elections, spokesperson Carlos Rivera told us that Davis-Howard found it inappropriate to publicly discuss internal divisions.

Sin Yee Poon is running as her opponent on a reform slate, formed by members disaffected by the international’s modus operandi. “For the whole reform group, we’re disappointed with the general direction of corporate unionism,” Poon told the Guardian. Stressing that she believes grassroots, democratic ideals have eroded since the restructuring, she said members in her camp are agitated when they see resources siphoned into raids on other unions such as UNITE HERE and UHW. “We want it to be member-driven,” she said. “The raiding of other unions is absolutely not OK.”

 


 

The internal strife could have a wider ripple effect. SEIU Local 1021 has historically been influential in securing an alliance between the city’s labor community and San Francisco’s progressive leadership. During the last round of elections for San Francisco’s Board of Supervisors, Sups. John Avalos and Eric Mar campaigned and ultimately were elected with strong fundraising support from the labor council.

Yet in recent weeks, several skirmishes pitted certain factions of the labor community against progressive members of the Board of Supervisors. Outrage bubbled up from the firefighters — and ultimately the labor council as a whole — against a charter amendment proposed by Sup. John Avalos that would have extended the minimum number of work hours for firefighters.

Billed as a cost-saving measure, the proposal might have ultimately resulted in fewer firefighter jobs, but it was designed to spread the pain of budget cuts more equitably by grazing public safety departments instead of just inflicting blows on frontline and healthcare workers.

After Labor Council Executive Director Tim Paulson came out strongly against it, Avalos abandoned the idea. A source from within the labor council, who spoke on background only, described it as an opportunity for the labor council to come together and unite on class interests.

The political posturing that came out of that fight shook even Sup. David Campos, who vocally called for equitably sharing the pain during last year’s budget debacle. “This isn’t the way to do it,” Campos said when asked about Avalos’ failed charter amendment. “And I worry about the negative impact on labor and the progressive board. There are larger issues at play here. The entire progressive agenda is at stake. We need to think long-term about the specific issues plus the future of the progressive movement.”

Sup. Sean Elsbernd’s bid to reform the pension system to save money has provoked yet another fight with SEIU Local 1021. Union members argue that if they are asked to contribute to their own retirement funds, which would become mandatory under this proposal, then they should be given the same wage increase that other unions were granted when they agreed to similar terms.

But when Sup. Eric Mar tried to amend Elsbernd’s proposal by inserting language guaranteeing that pay increase, Elsbernd said it would cost the city millions more. If Mar’s amended version goes forward, “you’ll be going to the voters by yourself,” Elsbernd told the progressive-leaning supervisor at a Feb. 9 board meeting.

 


 

Another fight has erupted over 555 Washington, a tower proposed to go up beside the TransAmerica Pyramid, which was debated at a joint hearing Feb. 11 between the Planning Commission and the Recreation and Park Commission. For members of the Building & Construction Trades Council, which represents unionized carpenters, plumbers, and other workers in development-related trades, the project represented jobs — the screaming priority in an economy where funding for new construction has trickled to almost nil.

“There is, in general in San Francisco progressive politicians, a knee-jerk reaction to development projects,” Building & Trades Council Secretary Treasurer Michael Theriault told us. As a council representing people whose livelihoods depend on private sector construction, “We have a particular quandary,” he said. “We need politicians who at the same time are friendly to labor and understand that development is an economic tool that can help the city.”

The arm of labor representing Theriault’s council has been slammed with job losses due to the economic downturn, and he’s publicly expressed frustration when projects of this scale are shot down.

“What the mayor did, what Elsbernd did, and what Avalos did are all the same thing: They all staked out a position, put a provocative idea on the table, and forced unions to have a discussion with a gun to their head in a non-constructive way,” Mike Casey, president of UNITE HERE Local 2 and a member of the labor council’s Executive Committee.

A source familiar with the inner workings of the labor council said the tension between building trades and firefighters versus more left-leaning members of the labor community has been in existence for decades, and it isn’t anything new — particularly in the months preceding election season.

Casey challenged the very notion that there is a subculture of the labor council that isn’t progressive, pointing out that labor came together as whole to support Sups. Avalos, Mar, and David Chiu — “and I personally would do it again in a heartbeat,” he added. Internal catfights and struggles for control come with the territory in a democratic, diverse organization, he said. “As a group of working people, I have great regard for the membership [of SEIU Local 1021],” he said. “Occasionally there’s a dustup. In my experience, after the dust settles, more often that not, unions come out stronger for it.”.

*Corrections made to the original file.

Newsom’s gonna run? That’s what we’re hearing

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Gavin Newsom’s going to announce his campaign for Lt. Governor in a few days.

That’s what inside sources are telling us, anyway. (And the rumor’s been circulating for a bit.) The mayor has been making a lot of phone calls in the past few days, checking in with supporters and lining up allies. And he’s ready to make the leap.

(Other sources say just the opposite, but such is San Francisco politics.)

The move makes a lot of sense from Newsom’s point of view; he’ll be termed out of office in two years, with nothing much to do on the horizion. And for a politician with heavy ambitions, that’s a bad place to be.

In the Lite Gov’s spot, he can keep a high profile, push education issues (the Lt. Gv. is a member of the UC Regents), make a bunch of speeches — and have no responsibility at all for actual follow through, which was never his strong suit.

And he’ll be positioned to run for an office like U.S. Senate should Dianne Feinstein decide to retire.

The issue has always been the local impact: If Newsom wins — and he would enter the race as the odds-on favorite — then he’d have to resign his job as mayor with a year left, and the supervisors would pick an new mayor, who could then run for re-election as an incumbent. Newsom’s money guys have never been happy with the prospect of leaving the city in the hands of a mayor appointed by a progressive majority on a district-elected board, but Newsom’s over that, our sources say. He’s thinking of his own future, and it looks like Sacramento.

So no confirmation, this is still at the rumor stage, but I’m betting he goes for it.

The malevolence of Mercury Insurance

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Yesterday’s San Francisco Chronicle reports on a long history of illegal practices by Mercury Insurance – including discrimination against soldiers, artists, bartenders, and other professions in auto insurance coverage and rates – and the long-overdue political and regulatory attention being paid to the company.

But that’s just the tip of the iceberg. The real story of Mercury’s dealings in California is even more insidious, and it has implications to the health care reform legislation being pushed by President Obama and congressional Democrats, which would require all Americans to buy health insurance, just as all California motorists are required to buy car insurance from Mercury and other companies.  

Documents from the California Department of Insurance (275 pages worth, which we also obtained and which you can download here) detail the Mercury’s deceptive practices, but it was hardly a secret how Mercury operated, brazenly and openly defying standards and regulations that voters created in 1988 by approving Prop. 103.

The author of that measure, respected activist Harvey Rosenfield of Consumer Watchdog, has been sounding the alarm about Prop. 17, a measure that Mercury has placed on the June ballot that would overturn key parts of Prop. 103, allowing insurance companies to jack up premiums for those who haven’t been loyal and continuous insurance customers that paid every bill on time.

Rosenfield recently stopped by the Guardian and offered a fascinating history of insurance regulation in California – and his battles with his number one nemesis, Mercury Insurance.

“Prior to the passage of Prop. 103, which the voters approved in 1988, insurance companies were not regulated in California. They could basically get away with anything and they did. In 1984, the state Legislature mandated that people buy auto insurance and guess what happened? After that, everyone in the marketplace is required to buy insurance and there’s no protection against how much insurance companies could charge you for it or even if they refused to sell it to you because of where you lived or the color of your skin, there were just no protections,” Rosenfield told us.

“One of the most pernicious practices after the Legislature said you have to buy insurance was that when you went to the insurance companies and said, ‘OK, I’m required by law to buy insurance, now sell it to me.’ They’d say, well you didn’t have it before, so we’re not going to sell it to you now. Or, you didn’t have it before so therefore we’re going to surcharge you and double the price of insurance. Talk about a Catch 22.”

So consumer groups sued and Rosenfield started writing Prop. 103. In 1987, the courts said this was a legislative issue, not a judicial one, so the groups turned to the California Legislature.

“Of course, the Legislature was too beholden to the insurance lobbyists to do any of the proposals that we were offering, so we went to the ballot box in 1988. Prop. 103 did many things: it called for a rollback, requires insurance companies to open up their books and justify premiums, it requires auto insurance companies to base your premium on your driving record, the number of miles you drive every year, and your driving experience. No longer would your ZIP code be the dominant determinant for how much you pay. And that battle, just to get that put it in place, we didn’t win that until 20 years after 103 began. We won in basically in 2006, 18 years later, after court challenges and going to the commissioner.”

While Prop. 103 allows the insurance commissioner to set additional reasonable factors in setting insurance premiums, Rosenfield said, “The one rating factor that Proposition 103 prohibits is the one that insurance companies used before. Prop. 103 says you cannot base insurance premiums or refusing to insure somebody on the absence of prior insurance.”

But as the new documents and other court findings showed, Mercury ignored that provision and used it as a factor anyway, setting a surcharge of about 45 percent of the premium price if you hadn’t had insurance before, for which they were again sued.

“Mercury realizes they’re going to lose the civil suit, goes to Sacramento, spreads a fortune in campaign contributions, and lo and behold, gets a bill passed overriding this provision of Prop. 103, legalizing its surcharges. [Gov. Gray] Davis vetoes it in 2002 on the grounds that it violates Prop. 103. Another year goes by, Mercury spreads even more money around, and this time Davis is up in a recall election and needs Mercury’s money. So he takes the money, it’s $100,000 or more, and Davis signs the bill. We have to go to court and challenge the bill as an unconstitutional amendment to Proposition 103, which we finally succeed in doing and it’s upheld by the Court of Appeals in 2005. All that time, Mercury is overcharging people. Ultimately, Mercury is told, the law you sponsored is invalid and you can’t do it anymore, so it stops in 2005 – 10 years of wanton, brazen violation of the law. And that brings us to the Mercury initiative.”

But because these surcharges are so lucrative – in some states, a Consumer Watchdog investigation found, doubling or tripling premiums – Mercury decided to spend millions of dollars to place Prop. 17 on the June ballot, and it will spend millions more to fool consumers into believing that its somehow good for them.  

“The Mercury initiative is even more pernicious than what it was doing before, and here’s why. Under Mercury’s initiative, if you’ve never had prior insurance, you can be surcharged for the first time. It overturns the Prop. 103 provision and legalizes these surcharges. Then they’ve thrown in some other tricks and traps, as you’d expect an insurance company to do on a ballot measure.”

What are those tricks and traps? How have they been able to get away with this for so long? Why did Attorney General Jerry Brown, a candidate for governor, give the measure such a favorable and misleading ballot title and summary? Why has the Democratic Party been so unwilling to challenge them? We’ll have much more on Mercury and its corrupting corporate influence in future issues of the Guardian.

Coby King, Mercury’s vice president and spokesperson, wouldn’t speak directly about the newly revealed documents or the concerns they’re causing among regulators and politicians, sending us the same prepared statement he send to Chronicle, which says consumer groups are trying to “mislead consumers and rehash old allegations.”

Yet I pressed him on why Mercury has for decades shown such contempt for the regulatory framework created by Prop. 103, which the company has now challenged through lawsuits, sponsored legislation, lavish political contributions, the new ballot measure, and even through blatant violations of the law. He tried to refer me to Kathy Fairbanks, who headed the Mercury-backed front group, Californians for Fair Auto Insurance Rates, which is pushing Prop. 17.

But when I noted that the group is supposedly independent of Mercury, and it is the company’s hostility to Prop. 103 that I was asking about, he finally said this: “Prop. 103 is the law of the land, but to the extent there are improvements that can be made that are pro-business and pro-consumer, Mercury has not been shy about acting in the public interest.”

Ah, so it’s the public interest that Mercury has been acting in. Got it.

 

Clipboard clash

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rebeccab@sfbg.com

When John Grubb switched jobs a few months ago to work for Repair California, a nonprofit that aims to remedy Sacramento’s political dysfunction by revising the state Constitution, he never imagined how ruthless the political world could be for a public figure advocating for reform.

“I got a death threat myself this morning,” Grubb confided in a recent telephone conversation with the Guardian. He declined to say from whom, and seemed to be wondering if he should have kept quiet about it. “Now we have our security guards at the building watching for this person,” he added, trying to laugh it off as if unfazed.

One day earlier, Grubb had distributed a press release charging that Repair California was being subjected to intimidation, blacklisting, and other “dirty tricks” and strong-arm tactics from representatives of the state’s major signature-gathering firms. These politically powerful companies are trying to quash Repair California’s campaign for a California constitutional convention, he charged.

Ironically, it seems an initiative campaign that could reform how initiative campaigns are conducted in California has provoked the ire of the initiative campaign industry.

Repair California is circulating petitions to get a pair of initiatives on the November ballot asking voters if a constitutional convention should be called to reform state government. Despite having a healthy $3.6 million in funding, it has encountered major stumbling blocks toward collecting the 1.1 million signatures needed to qualify.

Paid signature gatherers were shouted down in the streets, threatened with the prospect of never working in the industry again, and spied on by informants from signature-gathering firms that then placed them on blacklists, according to Grubb. The nonprofit also alleges that representatives from these firms were seen throwing stacks of signed constitutional convention petitions into the trash.

There are six major signature-gathering firms in California that contract with political campaigns to circulate petitions for ballot initiatives. Through a network of regional coordinators, they hire independent contractors who are paid by the signature to stand on the street with clipboards soliciting voters’ support.

The firms take in millions of dollars from each campaign, but for circulators who carry half a dozen petitions at once, the work comes in temporary bursts and moves from state to state. Paid signature gatherers who spoke with the Guardian said that being blacklisted could spell disaster — a hefty pay cut or being frozen out of a job completely.

Attorney Steven Miller, who works with the firm Hanson Bridgett and is representing Repair California, sent a cease and desist letter to at least three of the six major firms Feb. 2, a first step toward possible litigation. Miller told the Guardian that the firms’ activities constitute an illegal boycott and a violation of antitrust laws. Their tactics also interfere with rights guaranteed in the California Constitution to circulate petitions and place initiatives on the ballot. “Nothing surprises me anymore, but this really surprised me,” he said.

While Miller didn’t say exactly which firms he sent letters to, the three names that came up in various off-record conversations on this matter were Kimball Petition Management, run by Fred Kimball; National Petition Management, run by Lee Albright; and Arno Political Consultants, run by Michael Arno.

Grubb formerly served as a spokesperson for the Bay Area Council, a business group based in San Francisco and the primary force behind Repair California. The council’s push for a Sacramento shakeup generated a buzz last November when Clint Reilly, a renowned San Francisco political consultant who sits on the board of the Council, emerged from retirement to helm the campaign.

Repair California envisions the convention as a rare opportunity for Californians to reshape certain aspects of state government. After an extensive meeting, convention delegates would ask voters to approve suggested tweaks to California’s constitution. Proponents say issues begging for reform include the Legislature’s two-thirds majority vote requirement to pass a budget, government efficiency, the election process, and the initiative process itself.

“In California today … you basically need to get 1 million signatures in 150 days or less” to get an initiative on the ballot, Grubb said. “And the only way to do that is with several million dollars in your checking account, which is something most average citizens don’t have. That means that the initiative process has in effect been captured by special interest groups — moneyed interests.”

Therein lies the rub. It would be virtually impossible for Repair California to get a call for a constitutional convention on the November 2010 ballot without paying people to collect signatures — but many paid signature gatherers are afraid of putting themselves out of business by circulating the petition. Some are worried about getting blacklisted by major firms, while others are concerned that the entire industry could be overhauled as a result of a constitutional convention.

Given the serious allegations and potential lawsuit surrounding this matter, only Grubb and Miller were willing to be quoted for this story. Yet sources on both sides of the issue did speak with the Guardian on condition of anonymity.

Grubb said that Repair California never sought contracts from the big signature-gathering firms, preferring instead to amass its own force of clipboard-wielding petitioners. “We never had the intention of going to them,” he said.

But an industry insider told the Guardian that the nonprofit did approach two of the major companies to sign a contract, but got turned down due to a consensus that the petition would lead to an overhaul of the industry. This person also suggested that the pending lawsuit was way off the mark, and speculated that Repair California was concocting it to try and win money, media attention, and public support.

Another person familiar with the industry put it this way: “None of the petition people wanted to carry it because it would slit their own throats. They all agreed not to do it — it could kill the goose that laid the golden egg.”

So far, the campaign for a constitutional convention has gathered only about 100,000 of the 1.1 million signatures needed by the end of April to qualify for the November ballot. It will have to spend an estimated $1 million more than anticipated, Grubb said, because many of the paid petition circulators are being brought in from outside California’s initiative-industry network.

Despite the extra cost, Grubb says he feels confident the campaign will be a success. “Popularity hasn’t been a problem,” he said, “except for with the signature gathering firms.”

Progressives control City College board

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By Anna Widdowson

The reelection of Milton Marks III as President of the City College of San Francisco’s Board of Trustees ruffled some feathers during last week’s board meeting, but it signals a real shift in the balance of power in the governance of this troubled district.

Dissent came primarily from longtime board member Natalie Berg, a fairly conservative and consistent (and crabby) supporter of former City College Chancellor Philip Day, who was indicted last July on eight felony charges for misappropriating public funds. Other longtime board members (and Day enablers) Lawrence Wong and Anita Grier also voted against Marks, who was a fairly isolated public interest advocate until two years ago, when he began to accumulate some allies.

One of those allies, progressive activist John Rizzo, last year replaced Berg as the board’s vice president, a post we was reelected to last week on the same 4-3 vote that Marks got. But while Berg opposes the pair on ideological grounds, she couched her criticism in the “long-standing tradition” of Board presidents’ declining to serve two terms in a row. She called Marks’s reelection “unprecedented” and a blow to the Board’s democracy.

Marks attributed the controversy over his reelection to a shift in the culture and ideology within the board. “(Berg) and other people used to have a real lock on the board and how it was run,” Marks told us. “Now there is a solid four votes on our side and I think they are feeling really unhappy that their time has come and gone.”

Marks noted that last year was the Board’s single most productive year in memory, which is probably a commentary on how abysmally this board has traditionally done its job as much as anything.

Berg has sat on the Board since 1996, and has served as president three times, though not in succession. Despite her quibbling, Berg didn’t offer to take the reigns herself, even after one concerned citizen audibly whispered from the audience, “If you’re so upset, why don’t you run?”

In fact, no one but Marks and Rizzo was nominated for either position. According to Marks, despite attempts to strong-arm the newest board members, Chris Jackson and Steve Ngo, the trio of dissenters knew they couldn’t win the election.

“They kind of scared Chris,” Marks said. “But he is such an honorable guy he never went back on his commitment to me or his ideology. And without his and Ngo’s vote, they knew they would lose the election and they didn’t want to be embarrassed.”

Jackson expressed distaste for the squabbling, and wondered aloud if perhaps students’ needs were a more pressing issue than elections. After all, if Berg keeps hogging air-time at meetings, the Board is likely to be largely stale-mated by petty internal power struggles.

 

Joseph Stiglitz: Muddling Out of Freefall

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Here is our monthly installment of Joseph E. Stiglitz’s Unconventional Economic Wisdom column from the Project Syndicate news series. Stiglitz is University Professor at Columbia University and the winner of the 2001 Nobel Prize in economics. His new book is Freefall.

NEW YORK – Defeat in the Massachusetts senatorial election has deprived America’s Democrats of the 60 votes needed to pass health-care reform and other legislation, and it has changed American politics – at least for the moment. But what does that vote say about American voters and the economy?

It does not herald a shift to the right, as some pundits suggest. Rather, the message it sends is the same as that sent by voters to President Bill Clinton 17 years ago: “It’s the economy, stupid!” and “Jobs, jobs, jobs.” Indeed, on the other side of the United States from Massachusetts, voters in Oregon passed a referendum supporting a tax increase.

The US economy is in a mess – even if growth has resumed, and bankers are once again receiving huge bonuses. More than one out of six Americans who would like a full-time job cannot get one; and 40% of the unemployed have been out of a job for more than six months.

As Europe learned long ago, hardship increases with the length of unemployment, as job skills and prospects deteriorate and savings gets wiped out. The 2.5-3.5 million foreclosures expected this year will exceed those of 2009, and the year began with what is expected to be the first of many large commercial real-estate bankruptcies. Even the Congressional Budget Office is predicting that it will be the middle of the decade before unemployment returns to more normal levels, as America experiences its own version of “Japanese malaise.” 

As I wrote in my new book Freefall, President Barack Obama took a big gamble at the start of his administration. Instead of the marked change that his campaign had promised, he kept many of the same officials and maintained the same “trickle down” strategy to confront the financial crisis. Providing enough money to the banks was, his team seemed to say, the best way to help ordinary homeowners and workers.

When America reformed its welfare programs for the poor under Clinton, it put conditions on recipients: they had to look for a job or enroll in training programs. But when the banks received welfare benefits, no conditions were imposed on them. Had Obama’s attempt at muddling through worked, it would have avoided some big philosophical battles. But it didn’t work, and it has been a long time since popular antipathy to banks has been so great.

Obama wanted to bridge the divides among Americans that George W. Bush had opened. But now those divides are wider. His attempts to please everyone, so evident in the last few weeks, are likely to mollify no one.

Deficit hawks – especially among the bankers who laid low during the government bailout of their institutions, but who have now come back with a vengeance – use worries about the growing deficit to justify cutbacks in spending. But these views on how to run the economy are no better than the bankers’ approach to running their own institutions.

Cutting spending now will weaken the economy. So long as spending goes to investments yielding a modest return of 6%, the long-term debt will be reduced, even as the short-term deficit increases, owing to the higher tax revenues generated by the larger output in the short run and the more rapid growth in the long run.

Trying to “square the circle” between the need to stimulate the economy and please the deficit hawks, Obama has proposed deficit reductions that, while alienating liberal democrats, were too small to please the hawks. Other gestures to help struggling middle-class Americans may show where his heart is, but are too small to make a meaningful difference.

Three things can make a difference: a second stimulus, stemming the tide of housing foreclosures by addressing the roughly 25% of mortgages that are worth more than the value the house, and reshaping our financial system to rein in the banks.

There was a moment a year ago when Obama, with his enormous political capital, might have been able to achieve this ambitious agenda, and, building on these successes, go on to deal with America’s other problems. But anger about the bailout, confusion between the bailout (which didn’t restart lending, as it was supposed to do) and the stimulus (which did what it was supposed to do, but was too small), and disappointment about mounting job losses, has vastly circumscribed his room for maneuver.

Indeed, there is even skepticism about whether Obama will be able to push through his welcome and long overdue efforts to curtail the too-big-to-fail banks and their reckless risk-taking. And, without that, more likely than not, the economy will face another crisis in the not-too-distant future.

Most Americans, however, are focused on today’s downturn, not tomorrow’s. Growth over the next two years is expected to be so anemic that it will barely be able to create enough jobs for new entrants to the labor force, let alone to return unemployment to an acceptable level.

Unfettered markets may have caused this calamity, and markets by themselves won’t get us out, at least any time soon. Government action is needed, and that will require effective and forceful political leadership.

Joseph E. Stiglitz, winner of the 2001 Nobel Prize in economics, served as Chairman of the Council of Economic Advisers from 1995 to 1997. He is the author of the recently published bestseller, Freefall: America, Free Markets, and the Sinking of the World Economy.

Copyright: Project Syndicate, 2010.
www.project-syndicate.org
For a podcast of this commentary in English, please use this link: http://media.blubrry.com/ps/media.libsyn.com/media/ps/stiglitz122.mp3

 

Maxwell recall petition fails

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Text by Sarah Phelan

The San Francisco Elections Department is reporting that the petition to recall Sup. Sophie Maxwell has failed.

“The Department of Elections verified the validity of a randomly selected sample of 500 signatures from the 8,008 signatures submitted,” a Dept. of Elections press release stated. “This statistical sampling shows the petition to have a valid total of 3,026 signatures. This total is less than the 7,529 required for this petition to qualify for the election.”

The press release also noted that the statistical sampling showed that 40.91 percent of the signatures on the petition are valid.

That’s a fair bit of disgruntlement–a factor that should have everyone in the D. 10 race paying close attention.

 

 

 

Recalling Sophie Maxwell

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Written with Adrian Castañeda

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Does it make sense to try and recall termed-out D. 10 Sup. Sophie Maxwell?


A group of District 10 residents has turned in 8,008 signatures in an effort to recall Sup. Sophie Maxwell. Election department staff says that 7,529 signatures must be verified for the recall attempt to go forward.

‘We think it’s going to be a little tight,” said an election department worker, who preferred to remain anonymous.

Department of Elections staff have 30 days to count and verify the submitted signatures, but they predict the process could be completed as early as Thursday afternoon (Feb. 4) or Friday morning (Feb. 5).

Meanwhile, Maxwell is termed-out in January 2011–a mere 11 months away. And 15 candidates have already filed to enter the D. 10 race this fall, with a dozen others variously threatening to throw their hats in the ring.

But if the recall effort gets the green light and is placed on the June 8 ballot, and if Maxwell actually gets recalled as a result of that vote, Mayor Gavin Newsom would then get to appoint his choice of successor to her seat. And if that successor happens to be one of the candidates vying for Maxwell’s seat, wouldn’t that person have an enviable edge come the November election?

Bayview activist Daniel Landry insists the recall effort would be effective. 
“We’re sending a message to anyone who wants to be a supervisor of D-10, you must recognize the will of the voters,” Landry said.

D 10 candidate Ed Donaldson warns that any supervisor that does not understand the complexity of the city’s largest district can expect a similar backlash. He says the recall effort is evidence of District 10’s diversity.
“There is no one homogenous voice in the community,” Donaldson said.
He says that the current grass-roots organizing that brought about the recall effort is a result of changing political structure in the area, but is not yet on par with the other districts in town.
“We still allow our politics to be controlled from downtown,” Donaldson observed.

D 10 candidate Espanola Jackson warns that if Newsom appoints someone, that person had better listen to the wishes of the community, or else they will face a similar fate to Maxwell.

“What the mayor needs to understand is that if we can get the signatures in two weeks to recall Sophie, we can get them on whoever he appoints as well,” Jackson said.

But D 10 candidate Eric Smith worries that the recall effort will backfire. He cites a recent community meeting in the Bayview on the Department of Park and Recreation’s budget, as an example of why folks are turning to this seemingly desperate strategy.

“People were emotional, angry and desperate, because they feel no one listens to them,” Smith said. “That’s part of the problem here; they would rather have a supervisor go down swinging for them, rather than watch one seemingly side with Lennar, PG&E and the Mayor on issues contrary to their interests. At the DCCC [Democratic County Central Committee] last week, everyone except Chris Daly voted against the recall in support of Sophie.”

Smith added that Daly’s vote, “likely had more to do with his belief that this was a waste of time and had no chance of actually succeeding, but you’ll have to ask him.”

Daly, for his part, says he doesn’t believe the recall effort will qualify.

“Jake McGoldrick introduced an item in committee when he was a supervisor that the Board then passed that doubles the numbers of signatures required for a recall to qualify,” Daly said, noting that under the old recall rules the current effort would likely have succeeded in getting onto the ballot.

“And I don’t think the DCCC’s resolution against the recall effort was accurate,” Daly added. “It was long on the fact that Sophie isn’t guilty of malfeasance, but the truth is that a recall is a tool of democracy that is available and can be applied in cases where a representative is not being responsible to the needs of their district. So, while I’m not supportive of recalling Sophie, it would be patronizing for me to say that thousands of D. 10 residents don’t know what they are doing. The Democratic Party (with a capital D) is working against democracy (with a small d) in a patronizing way in a district that has a disproportionately high number of low-income folks and people of color. There is a significant level of disgruntlement, if that is a word, in District 10, and its residents have lodged a pretty real and significant complaint.”

Aaron Peskin, who chairs the DCCC’s executive board and is the former President of the San Francisco Board of Supervisors, also predicts that the effort to recall Maxwell is probably headed nowhere.

“There’s no way they got the numbers,” Peskin said. “You’re lucky if 50 percent of that shit runs.”

Peskin proffers three reasons why recalling Maxwell is against the community’s own interests.
“First, recalls are an instrument to be used when a representative has committed malfeasance, and not because you disagree with the political positions of a person who has been duly elected three times,” Peskin said. “Second, this elected official is in her last eleven months in office. So, it’s a huge waste of time and money. And third, for those not satisfied with their current supervisor, any representative that the mayor might nominate would be far, far worse.”

Smith also worries that the recall effort is akin to the community shooting itself in the foot.

“If Sophie gets recalled, (and that is a very big if), the Mayor will insert someone and we may be right back where we started from, or worse. That’s the terrible irony and one of the biggest problems in District 10. Folks are so mad, they’re willing to do whatever it takes to make them feel they have a voice in the outcome, even if it’s potentially worse. The same thing happened with the Navy and the Restoration Advisory Board. Some of the same folks who were frustrated by the process, tried to send a signal to the Navy that they weren’t being heard and for all their well- intentioned efforts, got the RAB dissolved. I truly feel for them, it’s absolutely heartbreaking, but at times, they can be their own worst enemy.”

To Smith’s mind, a recall has the potential for exacerbating the very problems the effort is purported to be about.

“This isn’t about malfeasance, or not showing up for work,” Smith observed. “It’s about being heard, respected and listened to. I don’t think any other Supervisor has ever had the challenges that Sophie has had to face here; the Bayview, the Hunters Point Shipyard’s toxic super-fund site, the homicide rate, unemployment, poor public transportation, dwindling services and community resources have made D10 one of the City’s largest melting pots of discontent. It’s just one of the reasons I’m running. The health, welfare, quality of life issues and the environment are the things I put above everything else out here, particularly above special interests and big money.”

“We will soon know how valid those signatures are; I can tell you that the many of the folks behind it feel very confident about it,” Smith continued. “But Sophie still has a lot friends in D10 who will not vote her out, so even if this makes the ballot, there is no guarantee it will carry. There are many, many folks who still love and support Sophie, so the folks who signed the recall petition will have to overcome the balance of the 37,000 D.10 voters who may not want to see her go and have a vested interest in seeing a fair electoral process in November, untainted by a Mayoral appointee, an appointee that would have implied advantage over any of the candidates in November.”

Smith has asked many folks why they are launching a recall when Maxwell only has 10 months left on the job.

“For them, it’s about making a statement; they want everyone to know that ‘They’re mad as hell and not going to take it anymore,’” Smith said. “They also want to send a signal to the D10 candidates that this is what you will face if you don’t listen to them. D10 is not for the squeamish, those easily intimidated or the faint of heart.”

On a side note, Smith observed that “we will need the world to come out to defeat Proposition 16″, the PG&E ballot measure in June. “And, depending on the turn out, many of the folks needed to come out for that, may also play a role as it relates to Sophie’s recall.”

Asked what she thought of the effort to recall her, Maxwell characterized it as “strange” and “destabilizing.”

‘It seems to me that this effort is destabilizing the community,” Maxwell said. “When you undercut the leadership, you destabilize a community in transition. At a time when these folks could have something to say about the future, they are looking at the past. It’s about backward thinking. It’s about not having the best interests of the community. It’s about egos. Because if this is for the community, then why not bring something to the table that’s about bringing some direction to the district?”

One of the last straws, in the minds of some recall signature gatherers, was Maxwell’s 2009 vote against a resolution that would have advised the Navy to restore its community-based Restoration Advisory Board. This board, which was established in 1994, had consistent access to the many technical and environmental documents surrounding the proposed clean-up of the heavily polluted Hunters Point Shipyard.

The RAB, whose primary fucntion was to share information on investigations and clean-ups at the shipyard, was also able to vote on the Navy’s proposed solutions and to request more information and/or speakers and experts so its members could educate themselves on related public health and safety issues. But early last year, the Navy announced that it was dissolving the RAB, citing dysfunctional behavior and off-topic discussions that were getting in the way of the RAB’s intended purpose.

The move to dissolve the RAB came just as the Navy was poised to take a series of important decisions on some of the most polluted and radiologically-impacted parcels on the shipyard. And many in the community saw the timing of the RAB’s dissolution as evidence that the Navy was going to ignore their wish to have these parcels dug out and hauled away, and not capped (a wish shared by the 87 percent of voters who supported Prop. P in 2000.)

But despite the outcry that followed the RAB’s 2009 dissolution, Maxwell voted to tell the Navy to either restore the RAB or find other ways to involve the community–thereby giving the Navy the choice, some felt, to ignore the community’s desire to reinstate the RAB.

And last night, the Navy, along with a flotilla of police and special agents, showed up at the Bayview YMCA to share its plan to reformulate the Navy’s original Community Involvement Plan—a plan that angered many meeting goers ( the majority of which were former RAB members,) since it didn’t appear to aim at reinstating the RAB. But to give the Navy credit, once it became clear that meeting attendees were underwhelmed by its plan, Navy officials scrapped their original agenda and allowed the community to speak instead about their wounds from the past and their hopes for the future. It remains to be seen where the Navy will go next, but those interested in tracking these developments can visit the Navy’s website for updates.

Maxwell for her part defended her vote–and pointed the finger at the Navy.

“The Navy has an obligation to get out its plans to the public,” Maxwell said. “People are getting information in many ways, these days, not just by coming to meetings. The Navy has just got another $92 million towards the shipyard clean up, but does anyone know what this means? It means that instead of taking years to clean up groundwater at the shipyard, we can spend that money on it, now. And if folks knew what capping really means, maybe they wouldn’t be against it. Mission Bay is capped. Schlage Lock will be. And all of them are brown fields.”

Maxwell worries that democracy is not currently being well served within her district, but not by her.
“There are folks who are trying to block real information from getting out, and if only your view can get out, that’s not democracy,” Maxwell said.

But so far, she’s not willing to publicly support anyone in the November D. 10 race.
“I’m waiting for people to have a better understanding of what this community is, what the common thread running through it is, and how to use rank choice voting,” she said.

And despite the current recall effort—and the insults regularly hurled her way with a voracity and meanness not generally seen in other supervisorial districts, Maxwell said she has truly enjoyed serving as D. 10 supervisor.

“When people say that it’s an honor to serve as an elected official, I really know what they mean, because I really feel that. Democracy is challenging, it’s messy and it’s invigorating. I think a lot of what’s going on in my district is about people using people. But what has changed for these folks? Their lives have gotten worse, not better. And they are going after me, because I am not part of their group. I have tried to stay focused on the issues.”

 

GOP meltdown could help Jerry Brown

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And lord knows, he needs it. Jerry’s campaign is nowhere, his message is muddled, he’s got no connection at all to young voters and unless he takes steps to define himself pretty darn soon, he’s going to be chopped up into yesterday’s hash by the Republican hit squads.

But here’s a glimmer of hope: The last two GOP candidates are at war. Really. Steve Poizner has even called in the FBI.

In a remarkable letter, Poizner argues that Meg Whitman’s campaign threatened to spend $40 million beating him up — and then promised to deliver a U.S. Senate nomination to him if he’d come to his senses and get out of the race.

Here’s an email that Poizner claims came from Mike Murphy, one of Whitman’s top campaign consultants:

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Pretty harsh. You know this stuff goes on all the time — power politics is a lot like the world of the Mob, except more careers die than people. But only rarely is a consultant so stupid as to put it in an email.

Poizner wants the U.S. Attorney, the FBI and everyone else he can think of involved, but guess who gets first crack at what could be a violation of state election law? That’s right — Attorney General Jerry Brown. Who really can’t lose here — if he finds that Whitman’s campaign was guilty of threats and intimidation, he makes his likely primary opponent look awful. If he thinks she didn’t break any laws, he can claim a conflict of interest, make it sound like the feds really ought to prosecute, and walk away shaking his head.

A rare bit of good news. And a bit of insight into how Ms. Ebay would actually govern.