One investigation by the District Attorney’s Office is enough of a headache for City College of San Francisco. But two?
The Guardian learned that just days before the November 2005 election, in which City College asked voters for $246.3 million in bond money to continue a series of capital works projects, the office of Vice Chancellor Peter Goldstein received a letter from investigators requesting detailed information about a land transaction that took place in Chinatown earlier that year.
At least three of the school’s elected trustees don’t recall being informed by Chancellor Phil Day about the probe, setting off new concerns after we alerted officials about the letter, which the Guardian obtained. The DA’s Office is also investigating potential laundering of public funds into campaign donations by college officials in connection with that bond campaign.
"It puts a further cloud on the college," trustee Julio Ramos told us. "Presumably the statute of limitations has not run on the transaction, so what’s going on here? I’m concerned because no one ever informed us."
Two other trustees, Milton Marks and board president Anita Grier, told us they don’t remember being told of the inquest.
"We do have to give them some leeway to operate the college without informing us of everything," Marks said. "But when the district attorney is asking questions about something that’s coming from a board action, why wouldn’t we have to know about it as early as possible? It’s kind of indefensible."
But Day fervently insisted that the board was informed of the letter during a closed-session meeting the same month the letter was received and that Ramos and Marks simply weren’t there. Day had no explanation for why Grier couldn’t recall it, but trustees Rodel Rodis, Natalie Berg, and Lawrence Wong and former trustee Johnnie Carter all confirmed they’d been told about it. Day also said the school had never heard back from the DA’s office after it produced all of the requested documents.
"I had even forgot about the fact that we had this initial inquiry back then," Day told us. "I had totally removed it from my brain and forgotten about it completely."
Either way, this is the first the public has heard of the DA’s interest in City College’s land deals. Debbie Mesloh, a spokesperson for District Attorney Kamala Harris, told us she could neither confirm nor deny that any such investigation was taking place, although the letter confirms that an investigation was opened.
The DA this year began an inquiry into City College after the San Francisco Chronicle revealed that the school had used a $10,000 lease payment from a business tenant to help bankroll a campaign committee formed for the purpose of promoting the 2005 bond election, City College’s third since 1997.
But we now know that the DA began snooping around the college’s land purchases in October 2005, when Goldstein was asked for escrow documents, property appraisals, memos, and board minutes concerning the school’s purchase of two lots in Chinatown at the corner of Kearny and Washington streets for a long-planned (and now vastly over budget) campus.
The Guardian has also obtained a pile of documents detailing months of real estate negotiations between the college and politically connected Chinatown businessman Pius Lee, who owned one of the lots and had an option to buy a neighboring and much larger tract.
The construction of the new Chinatown<\d>North Beach campus hasn’t gone smoothly for the college or voters. The school originally used $5.8 million to buy property in the neighborhood using bond money that voters authorized in 1997. Voters were then asked for $45 million in 2001 to build the campus, with construction expected to begin in 2003.
But Day’s ambitions led to clashes with Chinatown residents after the original plan slated for an area facing Columbus Avenue on the other side of the block from where City College now hopes to build called for demolishing a historic building and low-income apartments housing elderly tenants.
The school entered a legal settlement promising to preserve the Columbo Building and relocate the nearby Fong Building’s tenants. In 2005, however, it hastily decided incorporating that work would be "infeasible" and turned to Lee for help in finding a new location.
Lee (who did not return our calls) told the college he’d give up a sliver of land he owned on the other side of the block and also help it secure the much larger lot nearby owned by a Taiwanese company, Fantec Development Corp., with which Lee had a long business relationship.
The school paid Lee $1.9 million for a strip of parking lot 18 feet wide, even though an appraisal that City College received placed its market value at $1.1 million, records show. (San Francisco County assessed it at $267,000 in 2004 for tax purposes. The neighboring, much larger piece of land, also a parking lot, was assessed at $1.5 million.) During early negotiations, records show, the college offered $785,000 for Lee’s property and $4.5 million for Fantec’s, but in the end it wound up paying much more a total of $8.7 million in bond money for both.
Yet it’s not clear precisely what investigators were looking into, what they found, or whether the investigation is still open.
"The properties were not available for anything less than the price we paid for them," Goldstein told us. "That’s what the sellers demanded in order to sell their properties…. Pius drove a very hard deal and demanded what I would consider to be the maximum possible price for his property that we could defend."
Ground still hasn’t been broken on the school’s Chinatown dream, and in the interim, as we’ve reported recently, the estimated costs have ballooned from $75 million to $122 million, an increase of 62 percent. As a result, the school has chosen to gut some projects authorized by voters to keep this and other favored proposals alive (see "The City College Shell Game," 7/4/07).
The Board of Trustees is slated to vote next month on whether to certify the campus’s environmental documents and whether the project should be exempt from building height limits in the neighborhood.<\!s>*
Oaxaca, Mexico Those of us who report from the front lines of the social-justice movement in Latin America share an understanding that there’s always a bullet out there with our name on it. Brad Will traveled 2,500 miles, from New York to this violence-torn Mexican town, to find his.
Throughout the summer and fall of 2006, the southern Mexican state of Oaxaca was on fire. Death squads, the pistoleros of a despised governor, rolled through the cobblestoned streets of this colonial capital, peppering with automatic weapon fire the flimsy barricades erected by masked rebels. Hundreds were killed, wounded, or imprisoned.
Will, a New York Indymedia videojournalist, felt he had to be there. Xenophobia was palpable on the ground when Will touched down. Foreign journalists were attacked as terrorists by the governor’s sycophants in the media: "Si ves un gringo con cámara, matanlo!" the radio chattered if you see a gringo with a camera, kill him!
For much of the afternoon of Oct. 27, Will had been filming armed confrontations on the barricades just outside the city. He was trapped in the middle of a narrow street while gunshots boomed all around him, but he kept filming, looking for the money shot.
And he found it: on his final bits of tape, two clearly identifiable killers are perfectly framed, their guns firing. You hear the fatal shot and experience Brad’s shudder of dismay as the camera finally tumbles from his hands and bounces along the sidewalk.
By all visible evidence, Brad Will filmed his own murder. But this is Mexico, where justice is spelled impunity and Will’s apparent killers continue to ride the streets of Oaxaca, free and, it seems, untouchable.
Curiously, this egregious murder of a US reporter in Mexico has drawn minimal response from US Ambassador Tony Garza, an old crony of President George W. Bush. Why this lack of interest? Can it be that Washington has another agenda that conflicts with justice for Will the impending privatization of Mexican oil?
HEADING SOUTH
Will was once a fire-breathing urban legend on Manhattan’s Lower East Side. Whether perched atop the Fifth Street squat where he had lived for years and waving his long arms like Big Bird as the wrecking ball swung in, or being dragged out of City Hall dressed as a sunflower while trying to rescue the neighborhood’s community gardens, this child of privilege from Chicago’s wealthy North Shore was a legitimate street hero in the years before the World Trade Center towers collapsed and the social-change movement in New York City went into deep freeze.
Will hosted an incendiary weekly show on the New York pirate station Steal This Radio and was an early part of Indymedia, the Web publishing experiment born during the "Battle of Seattle," the World Trade Organization protests that rocked that city in 1999.
With his long hair neatly tied back and parted down the middle, with his granny glasses and fringe beard, and with his fierce commitment to building community, Will seemed to have emerged whole from a more utopian time in America.
He was an independent journalist, one of the growing number of people, such as Josh Wolf in San Francisco, who use the Internet and their video cameras to track and report on social moments and injustice. He wore no credential from any major news organization. But using outlets like Indymedia, he like Wolf, who spent seven months in prison to avoid giving the police a copy of his video outtakes represented part of the future of journalism.
Will’s journey to the land where he would die began right after Sept. 11, 2001. Dyan Neary, then a neophyte journalist, met Will in a South Street skyscraper elevator coming down from the WBAI studios from which Amy Goodman broadcast soon after the terrorist attacks.
"We walked down the piles. They were still smoking," Neary remembered in a phone call from Humboldt County. "We were both really scared. We thought this was not going to be resolved soon. Maybe never. So we thought we should go to Latin America, where people were still fighting."
Will and Neary spent most of 2002 and 2003 roaming the bubbling social landscape of Latin America. In Fortaleza, Brazil, they confronted the director of the Inter-American Development Bank during riotous street protests. They journeyed to Bolivia too and interviewed Evo Morales, not yet the president. They traveled in the Chapare rainforest province with members of the coca growers’ federation. They hung out in Cochabamba with Oscar Olivera, the hero of the battle to keep Bechtel Corp. from taking over that city’s water system. Everywhere they went, they sought out pirate radio projects and offered their support.
In February 2005, Will was in Brazil, in the thick of social upheaval, filming the resistance of 12,000 squatters at a camp near the city of Goiânia in Pernambuco state, when the military police swept in, killing two and jailing hundreds. On his videos, you can hear the shots zinging all around him as he captured the carnage. Will was savagely beaten and held by the police. Only his US passport saved him.
Undaunted by his close call, Will picked up his camera and soldiered back through Peru and Bolivia, and when the money ran out, he flew back to New York to figure out how to raise enough for the next trip south. He was hooked. In early 2006, drawn like a moth to flame, he was back, tracking Subcomandante Marcos and the Zapatistas’ Other Campaign through the Mayan villages on Mexico’s Yucatán Peninsula.
In the spring of 2006, Will was back in New York as he tracked the Other Campaign and the incipient rebellion in Oaxaca on the Internet from his room in Williamsburg. (The rent gougers had forced him out of the Lower East Side.) He was poised to jump south again, friends say, but was worried that he would just be one more white guy getting in the way.
In the end, the lure of the action in Oaxaca pulled him in. He bought a 30-day ticket, caught the airport shuttle from Brooklyn to John F. Kennedy International Airport, and flew south Sept. 29. His return was set for Oct. 28. He never made that flight.
THE COMMUNE OF OAXACA
A mountainous southern Mexican state traversed by seven serious sierras, Oaxaca is at the top of most of the nation’s poverty indicators infant mortality, malnutrition, unemployment, and illiteracy. Human rights violations are rife. It’s also Mexico’s most indigenous state, with 17 distinct Indian cultures, each with a rich tradition of resistance to the dominant white and mestizo overclass. Oaxaca vibrates with class and race tensions that cyclically erupt into uprising and repression.
The Party of the Institutional Revolution, or PRI, ruled Mexico from 1928 to 2000, the longest-running political dynasty in the world. The corrupt organization was dethroned by the right-wing National Action Party (PAN) and its picaresque presidential candidate, Vicente Fox, former president of Coca Cola México.
But in Oaxaca, the PRI never lost power. While voters were throwing off the PRI yoke all over the rest of the country, in Oaxaca one PRI governor had followed another for 75 years. The latest, Ulises Ruiz Ortiz, a protégé of party strongman and future presidential candidate Roberto Madrazo, won a fraud-marred election over a right-left coalition in 2004.
In the first 16 months of his regime, Ruiz proved spectacularly unresponsive to the demands of the popular movements for social justice. When, on May 15, 2006, National Teachers Day, a maverick, militant local of the National Education Workers Union known as Section 22 presented its contract demands, Ruiz turned a deaf ear. Then, on May 22, tens of thousands of teachers took the plaza and 52 surrounding blocks and set up a ragtag tent city. Each morning the maestros would march out of their camp and block highways and government buildings, which were soon smeared with anti-Ruiz slogans.
Ruiz retaliated before dawn June 14, sending 1,000 heavily armed police officers into the plaza to evict the teachers. Low-flying helicopters sprayed pepper gas on the throng below. Ruiz’s police took up positions in the colonial hotels that surround the plaza and tossed down concussion grenades from the balconies. Radio Plantón, the maestros’ pirate radio station, was demolished and the tent city set afire. A pall of black smoke hung over the city.
Four hours later a spontaneous outburst by Oaxaca’s very active community, combined with the force of the striking teachers and armed with clubs and Molotov cocktails, overran the plaza and sent Ruiz’s cops packing. No uniformed officers would be seen on the streets of Oaxaca for many months. And on June 16, two days after the monumental battle, 200,000 Oaxacans marched through the city to repudiate the governor’s "hard hand." The megamarch was said to extend 10 kilometers.
John Gibler, who closely covered the Oaxaca uprising as a human-rights fellow for Global Exchange, wrote that the surge of the rebels June 14 soon transformed itself into a popular assembly. The Oaxaca Peoples Popular Assembly, or APPO, was formally constituted June 21. The APPO had no leaders but many spokespeople, and all decisions had to be made in assemblies.
A CITY PARALYZED
For the next weeks, the actions of the APPO and Section 22 paralyzed Oaxaca but the rest of Mexico took little notice. Instead, the nation was hypnotized by the fraud-marred July 2 presidential election in which a right-wing PAN-ista, Felipe Calderón, had been awarded a narrow victory over leftist Andrés Manuel López Obrador, the candidate of a coalition headed by the Party of the Democratic Revolution. López Obrador was quick to cry fraud, pulling millions into the streets in the most massive political demonstrations in Mexican history. Oaxaca still seemed like small potatoes.
But Oaxaca is an international tourist destination, and the APPO and Section 22 protests had closed down the tourist infrastructure, blocking the airport and forcing five-star hotels to shutter their doors. On July 17, Ruiz was forced to announce the cancellation of the Guelaguetza, an indigenous dance festival that has become Oaxaca’s premiere tourist attraction, after roaming bands of rebels destroyed the scenery and blockaded access to the city.
Ruiz began to fight back. By the first weeks of August, the governor launched what came to be known as the Caravan of Death a train of 30 or 40 private and government vehicles rolling nightly, firing on the protesters. Ruiz’s gunmen were drawn from the ranks of the city police and the state ministerial police.
To keep the Caravan of Death from moving freely through Oaxaca, the APPO and the union threw up barricades; 1,000 were built in the working-class colonies throughout the city and its suburbs. The rebels piled up dead trees, old tires, and burned-out cars and buses to create the barricades, which soon took on a life of their own; murals were painted using the ashes of the bonfires that burned all night on the barriers. Indeed, the barricades gave the Oaxaca struggle the romantic aura of the Paris Commune uprising of 1871 and attracted droves of dreadlocked anarchists to the city.
An uneasy lull in the action gripped Oaxaca on Oct. 1, when Will arrived at the bus terminal, then found himself a cheap room for the night. The break wouldn’t last long.
ON THE BARRICADES
Like most non-Mexicans who style themselves as independent reporters, Will had no Mexican media credential and therefore was in the country illegally, working on a tourist visa and susceptible to deportation. To have some credential other than his Indymedia press card to hang around his neck, he got himself accredited with Section 22 and wore the rebel ID assiduously.
On Oct. 14, APPO militant Alejandro García Hernández was cut down at a barricade near Símbolos Patrios, a downtown plaza. Will joined an angry procession to the Red Cross hospital where the dead man had been taken.
In the last dispatch he filed from Oaxaca, on Oct. 16, Will caught this very Mexican whiff of death: "Now [García Hernández lies] waiting for November when he can sit with his loved ones on the day of the dead and share food and drink and a song … one more death one more martyr in a dirty war one more time to cry and hurt one more time to know power and its ugly head one more bullet cracks the night."
The dynamic in Oaxaca had gotten "sketchy," Will wrote to Neary. Section 22 leader Enrique Rueda Pacheco had cut a deal with the outgoing Fox government and forced a back-to-work vote Oct. 21 that narrowly carried amid charges of sellout and payoffs. If the teachers went back to work, the APPO would be alone on the barricades and even more vulnerable to Ruiz’s gunmen. But backing down was not in the assembly’s dictionary, and the APPO voted to ratchet up the lucha (struggle) and make Oaxaca really ungovernable.
Mobile brigades were formed young toughs armed with lead pipes and nail-studded boards who hijacked buses still running in the city, forced the passengers off, and rode around looking for action. Later the buses would be set afire. Charred hulks blossomed on the streets of the old colonial city. The barricades were reinforced to shut down the capital beginning Oct. 27.
The escalation proved to be a terrible miscalculation. In Mexico City the postelectoral turmoil had finally subsided, and PAN was ready to deal with the PRI; bailing out the governor of Oaxaca was the PRI’s price of admission.
It wasn’t a good time for inexperienced foreigners. Ruiz’s people were checking the guest lists at the hostels for "inconvenient" internationals. Immigration authorities threatened extranjeros with deportation if they joined the protests. The local US consul, Mark Leyes, warned Americans that he would not be able to help them if they got caught up in the maelstrom.
Adding to this malevolent ambiance, a new pirate station popped up Oct. 26. Radio Ciudadana (Citizens’ radio) announced it was broadcasting "to bring peace to Oaxaca" and to celebrate the honor of "our macho, very macho governor." The announcers seemed to have Mexico City accents. Wherever they had been sent from, they let loose with a torrent of vitriolic shit stuff like "We have to kill the mugrosos [dirty ones] on the barricades." The extranjeros, the radio said, were stirring up all the trouble: "They pretend to be journalists, but they have come to teach terrorism classes."
More frightening was this admonition: "Si ves un gringo con cámara, matanlo!" "If you see a gringo with a camera, kill him!"
This poison spewed out of local radios all day Oct. 26 and 27, but whether Will heard the warnings and if he did, whether knew what they meant is unclear. He didn’t speak much Spanish.
SHOT IN THE CHEST
On Oct. 27, Will went out to do interviews on the barricade at Santa María Coyotepec, about 20 kilometers from the city. The three barricades at Coyotepec, Cal y Canto, and La Experimental were crucial to closing down Oaxaca the next day. The broad Railroad Avenue where the barricade was stacked was empty. Nothing was moving. Will walked on to the next barricade at La Experimental to check out the action.
Soon after the Indymedia reporter left, all hell broke loose at Cal y Canto. A mob of about 150 Ruiz supporters stormed down Railroad Avenue, led by what witnesses thought was a Chevy Blazer. The vehicle was moving very fast. "We thought it would try and crash through the barricade," Miguel Cruz, an activist and witness, recalled. But the SUV stopped short, and several men jumped out with guns blazing. The APPO people hunkered down behind the makeshift barrier and moved the women and kids who were with them into a nearby house. Then they went on the counterattack with Molotov cocktails, homemade bazookas that fired bottle rockets, and slingshots. Most of the mob had melted away, and with the gunmen retreating, the rebels torched their vehicle.
Will heard about the gunfire and hurried back to Cal y Canto with a handful of other reporters. They arrived a little after 3 p.m.
Will climbed under a parked trailer to film the shooters. He focused on a man in a white shirt. When an APPO activist (who is not seen on the videotape) came running by, Will indicated the shooter "Camisa blanca." While all this was going on, the camera captured a bicyclist peddling dreamily through the intersection. Soon after, a large dump truck appeared on the scene, and the group on the barricade used it as a mobile shield as they chased the gunmen down the avenue.
Suddenly, the pistoleros veered down a narrow side street, Benito Juárez, and took refuge in a windowless, one-story building on the second block. The only access to the building was through a large metal garage door, and the reporters followed the APPO militants, many of whom were masked, as they tried to force their way in. Will stood to one side of the door for a minute, poised for the money shot. Then the compas tried unsuccessfully to bust down the big door by ramming the dump truck into it.
In the midst of this frenzy, five men in civilian dress two in red shirts (the governor’s color) and the others in white appeared at the head of Benito Juárez, about 30 meters away, and began shooting at the rebels.
Two of the gunmen were later identified by Mexican news media as Pedro Carmona, a cop and local PRI political fixer, and police commander Orlando Manuel Aguilar Coello. One of those in the white shirts, crouched behind Carmona, was Abel Santiago Zárate, a.k.a. El Chino. Santiago Zárate and Aguilar Coello were reported to be the personal bodyguards of municipal president Manuel Martínez Feria of the PRI. The other two would later be fingered as Juan Carlos Soriano, a.k.a. El Chapulín (the grasshopper), and Juan Sumano, both Santa Lucía del Camino police officers. All five are eminently identifiable in the film Will shot just moments before the bullets hit him.
When the shooting erupted, Will took cover on the opposite side of the narrow street from the rest of the media. He was crouched against a lime green wall when the first bullet came. On the video soundtrack, you can hear both the shot and Will’s cries of dismay as it tore through his Indymedia T-shirt and smashed into his heart. A second shot caught him in the right side and destroyed his innards. There was little blood spilled, the first slug having stopped his heart.
In footage that witness Gustavo Vilchis and others filmed, the entrance wound of the first shot looks like a deep bruise. The second shot was not recorded on the soundtrack and may have been fired simultaneously with the first.
Others were shot in the pandemonium. Oswaldo Ramírez, filming for the daily Milenio, was grazed. Lucio David Cruz, described as a bystander, was hit in the neck and died four months later.
As Will slid down the wall into a sitting position, Vilchis and activist Leonardo Ortiz ran to him. Will’s Section 22 credential had flown off, and no one there knew his name. With bullets whizzing by, the compas picked Will up and dragged him out of the line of fire and around the corner to Árboles Street, about 35 paces away. Along the way, his pants fell off.
"Ambulance! We need an ambulance! They’ve shot a journalist!" Vilchis, a tall young man with a face like an Italian comic actor’s, shouted desperately. Gualberto Francisco, another activist, had parked his vochito (Volkswagen Bug) on Árboles and pulled up alongside Will, who was laid out on the pavement in his black bikini underwear.
Ortiz and Vilchis loaded the dying Will into the back seat. They thought he was still breathing, and Vilchis applied mouth-to-mouth resuscitation. "You’re going to make it … you’re all right," they kept telling him. But Will’s eyes had already turned up he was perdido (lost), as they say in Mexico.
The vochito ran out of gas, and while the frantic young men ferrying Will were stuck in the middle of the Cinco Señores crossroad, it began to rain hard. They tried to stop a taxi to take them to the Red Cross, but the driver supported the government and wanted to argue. Finally, they flagged down a pickup truck and laid Will out in the bed. He was dead when he arrived at the hospital, according to the report by the coroner, Dr. Luis Mendoza.
THE OUTRAGE BEGINS
Oct. 27 was the bloodiest day of the Oaxaca uprising. Four people were killed besides Will: Emilio Alonso Fabián, Esteban Ruiz, Esteban López Zurita, and Audacia Olivera Díaz.
Unlike their murders, Will’s death triggered international outrage. Because he was so connected and because much of the episode was recorded on film the shot of the mortally wounded Indymedia reporter lying in the middle of a Oaxaca street went worldwide on the Web in a matter of minutes.
There were instant vigils on both coasts of the United States. On Oct. 30, 11 of Will’s friends were busted trying to lock down at the Mexican consulate off Manhattan’s Park Avenue, where graffiti still read "Avenge Brad!" in December. Anarchists splattered the San Francisco consulate with red paint. Subcomandante Marcos sent his condolences and called for international protests. Goodman did an hour-long memorial.
On March 16, 2007, at its midyear meeting in Cartagena de Indias, Colombia, the Inter-American Press Association, an organization devoted to freedom of speech and the press in the Americas, passed a resolution calling for action on the Will case.
"The investigation into the killing has been plagued by irregularities and inconsistencies, and no arrests have been made," the group said in a statement. IAPA called for the federal attorney general to take over the investigation, "in view of the lack of confidence in state authorities and the lack of progress in the case, so that it may apprehend the culprits, who, according to one theory of the investigation, may be indirectly linked to state authorities."
The official reaction to Will’s death was more cautious. "It is unfortunate when peaceful demonstrations get out of hand and result in violence," a US spokesperson told the media, seeming to blame the APPO for Will’s killing. After once again warning Americans that they traveled to Oaxaca "at their own risk," Ambassador Garza commented on the "senseless death of Brad Will" and how it "underscores the need for a return to the rule of law and order."
"For months," he said, "violence and disorder in Oaxaca have worsened. Teachers, students, and other groups have been involved in increasingly violent demonstrations."
Garza’s statement sent Fox the signal he had been waiting for. Now that a gringo had been killed, it was time to act. The next morning, Oct. 28, 4,500 officers from the Federal Preventative Police, an elite force drawn from the military, were sent into Oaxaca not to return the state to a place where human rights, dignity, and a free media are respected but to break the back of the people’s rebellion and keep Ruiz in power.
On Oct. 29 the troops pushed their way into the plaza despite massive but passive resistance by activists, tore down the barricades, and drove the commune of Oaxaca back into the shadows.
In Mexico the dead are buried quickly. After the obligatory autopsy, Brad’s body was crated up for shipment to his parents, who now live south of Milwaukee. After a private viewing, the family had him cremated.
SHAM ACCOUNTABILITY
Killing a gringo reporter in plain view of the cameras (one of which was his own) requires a little sham accountability. On Oct. 29 the state prosecutor, Lizbeth Caña Cadeza, announced that arrest warrants were being sworn out for Santiago Zárate and Aguilar Coello, two of the five cops caught on film gunning Will down, and they were subsequently taken into custody.
The scam lost currency two weeks later when, on Nov. 15, Caña Cadeza dropped a bombshell at an evening news conference: the cops hadn’t killed Will, she said; he was shot by the rebels.
Will’s death, she insisted, had been "a deceitful confabulation to internationalize the conflict" and was, in fact, "the product of a concerted premeditated action." The mortal shot had been fired from less than two and a half meters away, Caña Cadeza said although there is nothing in the coroner’s report to indicate this. The real killers, she said, were "the same group [Will] was accompanying."
In the state prosecutor’s scenario, the order of the shots was reversed: first Will had been shot in the side on the street, then rematado (finished off) with a slug to the heart on the way to the hospital in Francisco’s vochito.
The prosecutor’s plot was immediately challenged by the APPO. "The killers are those who are shown in the film," Florentino López, the assembly’s main spokesperson, asserted at a meeting that night.
And in fact our detailed investigation shows that there is very little evidence to support Caña Cadeza’s theory. Photos from the scene, some published in the Mexican media, show Will’s body with a bloody hole in his chest on the street near where he fell indicating that his fatal heart wound occurred well before he was dragged into the car where he was supposedly shot.
There’s another problem with the prosecutor’s suggestion: nobody on the scene saw any APPO members, or anyone except the authorities, carrying guns. This reporter has talked to numerous eyewitnesses, and all told the same tale: the rebels at the barricade that day had no firearms with which they could have shot Will.
Miguel Cruz, who spent much of Oct. 27 with Will, first at the Council of Indigenous People of Oaxaca, of which he is a member, and then on the barricade at Cal y Canto and on Juárez Street, is a soft-spoken young Zapotec Indian, but he pounded vehemently on the kitchen table when he addressed Caña Cadeza’s allegations.
"The compañeros had no guns. What gun is she talking about? They had slingshots and Molotovs but no guns. The PRI-istas and the cops had their .38s, and they were shooting at us," he said. "We were trying to save Brad Will’s life, not to kill him."
And if Caña Cadeza had any proof of her allegations, she likely would have filed charges. But none of the protesters or Will’s companions has been formally charged with the killing. Prosecutors have never publicly presented the alleged murder weapon.
But by the time Caña Cadeza told her story, of course, the only way to determine for sure the order of the bullets and the distance from which they had been fired would have been to exhume Will’s body. And there was no body; he had been cremated the week before.
On Nov. 28, Santiago Zárate and Aguilar Coello were released from custody by Judge Victoriano Barroso because of "insufficient evidence," with the stipulation that they could not be rearrested without the presentation of new evidence.
Caña Cadeza, who is now running as a PRI candidate for the state legislature, collaborated closely on the case with Oaxaca secretary of citizen protection Lino Celaya. Both reported to Ruiz’s secretary of government, Heliodoro Díaz, who in turn reported directly to the governor. There seems little doubt that the prosecutor’s accusations of murder against Will’s comrades and the determination of innocence for the apparent killers came straight from the top.
ON THE EVIDENCE TRAIL
Dr. Mendoza was occupied when I stopped by the Oaxaca city morgue to ask for a copy of the autopsy report on which the state has based its allegations.
"Will died eight months ago," Mendoza complained testily. "Do you know how many others have died since? How many autopsies I’ve performed?" He gestured to a morgue room where cadavers were piled up.
The coroner was scrunched over his desk, filling out the paperwork for one of the dead. He didn’t have any time to look for the autopsy report. I was not the first reporter to ask him about the document. "What paper are you from anyway?" he asked suspiciously, and when I showed him my media card, he told me that it didn’t sound like a real newspaper to him. "I know what I’m doing. I worked as a coroner in your country," he snapped defensively and waved me out of the office.
But Mendoza might not be quite as cocksure as he sounded. A senior agent for the US government in Oaxaca, who asked not to be named in this article, told me later that Mendoza confided to him that he was no ballistics expert, nor could he determine from how far away the bullets were fired.
I walked into the police commissary under the first-floor stairs of the Santa Lucía del Camino Municipal Palace. The small room was crowded with cops and cigarette smoke. Three of the officers were in full battle gear, and the rest were plainclothes. I had been warned not to ask for Carmona, the most prominent red shirt on Will’s film. Carmona is described as a prepotente i.e., a thug with an attitude who is always packing.
Instead, I asked the desk clerk if I could get a few minutes with Santiago Zárate and Aguilar Coello. For all I knew, the two were sitting in the room behind me. The desk clerk studied my card. "Qué lástima!" he exclaimed what a shame. Santiago Zárate had just left and wouldn’t be back until after six. Aguilar Coello was off that day. When I called back after six, Santiago Zárate was still not available. Nor were he and Aguilar Coello ever available the dozen or so times I called back.
This sort of stonewalling is not terribly unusual for Mexico, where killer cops often sell their services to local caciques (political bosses) and go back to work as if nothing had happened. Those who direct this sort of mayhem from their desks in the statehouses and municipal palaces the "intellectual assassins," as they are called are never held accountable for their crimes.
A VISIT FROM HOME
In March, Brad’s parents, Kathy and Howard Will, and his older brother and sister paid a sad, inconclusive visit to Oaxaca. They had hired Miguel Ángel de los Santos Cruz, a crackerjack human rights lawyer who has often defended Zapatista communities in Chiapas. Gibler, the Global Exchange human-rights fellow, was the translator.
The Wills, upper-middle-class Americans, had little experience with the kind of evil that lurks inside the Mexican justice system; the trip was a traumatic, eye-opening experience.
The federal Attorney General’s Office had taken over the case from the state in December, but rather than investigating police complicity and culpability, it was pursuing Caña Cadeza’s dubious allegation blaming Will’s companions for his killing.
Gustavo Vilchis, Gualberto Francisco, Leonardo Ortiz, and Miguel Cruz were summoned to give testimony, with the Wills in attendance. Testifying was a risky venture, as the witnesses could have been charged with the murder at any moment, but out of respect for the family, the compas agreed to tell their story to the federal investigators. During the hearing they were repeatedly questioned about and asked to identify not the cops who appear on Will’s film but their own compañeros, some masked, who appeared on tape shot by Televisa, the Mexican TV giant. They refused.
When Los Santos accompanied the Wills to a meeting with Caña Cadeza, she touted her investigation and promised them a copy of its results. But she refused to allow the family to view Will’s Indymedia T-shirt and the two bullets taken from his body. They were, she explained, under the control of Barroso the judge who had cut loose the cops.
THE POLITICS OF OIL
There are larger geopolitics at work here.
The US Department of State has a certain conflict of interest in trying to push first-year Mexican president Calderón to collar Will’s killers. The crackdown in Oaxaca was all about a political deal between Calderón’s PAN and Ruiz’s PRI: if PAN saved the governor’s ass, the PRI would support the president’s legislative package.
Indeed, the PRI’s 100 votes in the lower house of the Mexican Congress guarantee Calderón the two-thirds majority he needs to alter the constitution and effect the change that’s at the top of his legislative agenda opening up Petróleos Mexicanos, or PEMEX, the nationalized petroleum corporation and a symbol of Mexico’s national revolution, to private investment, a gambit that requires a constitutional amendment.
Since then-president Lázaro Cárdenas expropriated Mexico’s petroleum industry from Anglo and American owners and nationalized it in 1938, the United States has been trying to take it back. "Transnational pressure to reprivatize PEMEX has been brutal," observed John Saxe Fernandez, a professor of strategic resource studies at Mexico’s autonomous university, Universidad Nacional Autónoma de México.
During the run-up to the hotly contested 2006 presidential elections, candidates Calderón and López Obrador debated the privatization of Mexico’s national oil corporation before the American Chamber of Commerce in Mexico City; former US ambassador Jeffrey Davidow moderated the debate. When the leftist López Obrador insisted that he would never privatize what belonged to all Mexicans, the business leaders stared in stony silence. The conservative Calderón’s pledge to open PEMEX to private investment drew wild applause. Calderón was, of course, Washington’s horse in the fraud-marred election.
In order to accommodate Washington, Calderón needs a two-thirds majority in the congress and the PRI’s votes in the lower house are crucial to guaranteeing passage of a constitutional amendment. "Without the PRI’s votes, PEMEX will not be privatized. That is why Calderón has granted Ruiz impunity," Saxe Fernandez concluded.
Washington is eager to see PEMEX privatized, which would create an opportunity for Exxon Mobil Corp. and Halliburton (now PEMEX’s largest subcontractor) to walk off with a big chunk of the world’s eighth-largest oil company. Pushing Calderón too hard to do justice for Will could disaffect the PRI and put a kibosh on the deal.
It is not easy to imagine Brad Will as a pawn in anyone’s power game, but as the months tick by and his killing and killers sink into the morass of memory, that is exactly what he is becoming. 2
John Ross is the Guardian‘s Mexico City correspondent. This story was comissioned by the Association of Alternative Newsweeklies and is running in about 20 alternative papers this week.
Sup. Chris Daly, who unequivocally was not running for mayor a few weeks ago, is now actually talking about it again. The journalist in me says that’s a wonderful idea – raise some issues, stir up a fuss, force Newsom to face a real challenger in a real debate …. Makes for great stories.
The San Francisco progressive in me is a bit more nervous.
Daly’s not going to win, not without some sort of stunning event. (Which is possible; I mean, Newsom could utterly melt down in October, start babbling incoherently, punch out Dan Noyes on camera, admit he was secretly funding the weapons procurement program at Your Black Muslim Bakery or something …. And Daly could suddenly find himself the front runner.)
But for all practical purposes, the point of a mayoral race would be twofold: To raise issues while holding Newsom accountable – and, equally important, to build momentum for the fall 2008 supervisorial races.
I can’t emphasize enough how important the 08 races are – control of the board, and the political agenda in the city, will be at stake. Tom Ammiano, Aaron Peskin, Jake McGoldrick, and Gerardo Sandoval will be gone, victims of term limits. Ross Mirkarimi will be up for re-election, as will Sean Elsbernd. In four key open seats, the entire balance of power in the city could shift.
So the question is: Does Daly as a mayoral candidate help progressives win those seats by generating energy and organizing talent the way Ammiano’s 1999 race and Matt Gonzalez’s 2003 race did? There are, as I’ve pointed out before, some good things about a Daly for Mayor campaign. Or does Daly, who is not terribly popular outside his district, actually drag down progressive candidates by losing badly to Newsom and allowing the mayor’s forces to brand all the progressives as Daly-ites?
Can this race bring us all together as progressives, or just create more rifts?
If Daly wants to run, he’s got some work to do, because this, of course, is much bigger than him. And I think he knows that.
When Gonzalez decided to run four years ago, it seemed like a bit of a last-minute unilateral decision, and a lot of the activists in town felt left out. Daly’s got to do better: He needs to be sure that at least some of his progressive board colleagues (many of whom he’s been fighting with) will endorse him and help; running without any support from other progressive leaders would be tough. He needs to mend fences with some of his slightly bruised pals (which would be a good thing to do anyway).
He needs to line up some community backers and seasoned campaign workers who will sign on for the battle. He needs to think about how he’s going to raise money.
Of course, there are always surprises; state Sen. Carole Migden is in a big fight of her own, against Assembly member Mark Leno, and Leno is backing Newsom. Maybe Migden would support and raise money for Daly, who she’s been close to in the past (and who is supporting her over Leno). Which would make for an interesting political season.
But again, the question at hand is how will this benefit the progressive cause, not just now but over the long haul. Three days of hard thinking to go.
OPINION California’s secretary of state, Debra Bowen, has released a landmark report showing what all honest brokers admitted long ago: electronic voting systems are completely vulnerable to hackers. "The independent teams of analysts [hired by the state] were able to bypass both physical and software security measures in every system tested," her report states.
A report on accessibility for disabled voters found that none of the direct recording electronic (usually touch screen) voting systems met federal disability standards.
And yet US House Democrats and People for the America Way are busy hammering out a deal in Congress to institutionalize in federal law the continued use of such disastrous voting systems.
Out of touch much? Which part of a transparent, counted, paper ballot (not a "trail" or a "record") for every vote cast in America do these guys not understand?
Late Friday, as Bowen’s report was being released, US House Majority Leader Steny Hoyer (D-Md.) and Rep. Rush Holt (D-N.J.) finally came to terms, reportedly, on a deal for a revision of Holt’s House Resolution 811, dubbed the Federal Election Reform Bill, which allows for the use of DREs as preferred, almost exclusively, by People for the American Way, elections officials, and voting-machine companies. Saturday’s New York Times confirmed that it was "Ralph G. Neas, president of People for the American Way, [who] helped broker the deal" between Holt and the House leadership.
And though Christopher Drew’s reporting at the New York Times is getting slightly better with each new story, it would be nice if the "paper of record" could learn enough about our voting systems to accurately report and help Americans understand what’s really at stake here and how the technology actually works.
Drew reported misleadingly that "the House bill would require every state to use paper records that would let voters verify that their ballots had been correctly cast and that would be available for recounts."
That’s just plain wrong. The fact is that adding "cash-register-style printers to … touch-screen machines," as Drew describes it, does not allow a voter to verify that his or her "ballots had been correctly cast." It allows voters only to verify that the paper record of their invisibly cast electronic ballot accurately matches their intentions, if they bother to check it (studies show most don’t) and if they’re able to notice errors on the printout (studies also show that most do not). The fact is, there is no way to verify that a person’s vote is correctly cast on a DRE touch-screen voting machine. Period.
Unless, of course, it’s me who is out of touch in presuming that if a ballot is cast, it means it will actually be counted by someone or something. Paper trails added to DRE systems are not counted; instead, only the internal, invisible, unverifiable ballots are. A "cash-register-style" printout prior to the ballot being cast and counted internally does nothing to change that. *
Brad Friedman
Brad Friedman writes on elections and political integrity for the Brad Blog at www.bradblog.com. A version of this piece first appeared as a post there.
In the 2003 mayor’s race, Gavin Newsom’s campaign outspent Matt Gonzalez’s nearly six to one, shattering all previous city spending records and leaving the campaign committee with a $600,000 debt that wasn’t cleared for three years.
An apparent plan to pay down that debt illegally with money raised by a separate unregulated inaugural committee was the subject of several Guardian stories at the time (see “Newsom’s Funny Money,” 2/11/04) and corrective actions by Newsom treasurer Jim Sutton, although top San Francisco Ethics Commission officials tried to cover it up rather than investigate it.
It was one of several Newsom-campaign irregularities that raised red flags, including the return of dozens of checks by contributors who had exceeded the $500 limit, the failure to notify regulators in a timely fashion that the campaign had broken a voluntary spending cap, and issues related to whether the heavy campaign debt should have been considered a loan and regulated as such.
So guess whose campaign has recently been investigated and fined? And guess whose has never been scrutinized by Ethics Commission officials, who claim they don’t have enough resources to do a “global canvas” of all the campaigns from 2003, as they’ve traditionally done each year?
Gonzalez campaign treasurers Randy Knox and Enrique Pearce this month agreed to pay $3,300 in penalties to the Ethics Commission over 234 names of contributors that were filed with missing or incomplete donor information, 8 percent of the total. The agency began its review three years after it received an anonymous complaint in the days leading up to the runoff election, exactly when the Newsom camp dished the same allegations to reporters.
“It’s my fault, but it was inadvertent and not deliberate misfeasance,” Knox told the Guardian recently. The Ethics Commission concluded that no evidence proved a willful attempt to defraud the public and that most of the donors had failed to cite their street addresses or to provide complete employer information.
But to Knox and Ethics reformers we’ve interviewed for a recent series on the commission, there’s an important issue of fairness involved in this matter. Gonzalez, who did not return our calls seeking comment, was contemputf8g another run for mayor last year when he was contacted by Ethics officials and threatened with a $30,000 fine for violations that were more than three years old. “It was clearly politically motivated, to clear the field for the mayor’s race,” Knox said.
Yet even if that wasn’t the case, why didn’t Ethics Commission staffers review the Newsom campaign after they decided to pursue Gonzalez? And why did Executive Director John St. Croix order staffers not to do the normal global canvas of campaign documents for 2003 — and only 2003 — claiming the agency didn’t have enough resources and needed to “triage” its work?
“It seems odd that we would allow an anonymous complaint, which is informal, to create an exception to our triage order for 2003, especially since the [percentage] of Gonzalez contributions with info errors was apparently less than the state standard for filing officers to require mandatory amendments,” Ethics officer Oliver Luby noted to agency bosses earlier this month, according to internal memos the Guardian obtained through a Sunshine Ordinance request.
St. Croix, for his part, didn’t take over the agency until a year after the 2003 election. He told the Guardian that dozens of other complaints needed to be investigated too, but his office, with only one investigator, couldn’t do so until years after the fact.
“There was a point in 2006 where I said we’re not going to go back and begin anything new for election years prior to 2004,” St. Croix acknowledged. “We had so many backlogs. We were just hopelessly mired, and we kind of needed a fresh start.”
Sutton did not return our calls for comment, but Newsom’s campaign manager then and now, Eric Jaye, told us, “I’m empathetic to [the Gonzalez campaign]. I’m sure they weren’t intentional errors.”
He added that just because the Ethics Commission didn’t investigate the Newsom campaign after the election doesn’t mean the mayor got a free ride. “I feel like everything we do is audited and scrutinized,” Jaye said, noting that the campaign was fined $2,500 by the California Fair Political Practices Commission during the race for an illegal mailer.
Still, even if the commission won’t disclose ongoing investigations, as far as the public knows right now, the Ethics Commission has repeatedly ignored problems with the 2003 Newsom campaign and others managed by Sutton. Consider:
•Several entities affiliated with a real estate outfit called Olympic View Realty made a total of $14,000 in contributions to the Newsom campaign, but filings didn’t reflect the otherwise clear association. “Newsom’s failure to report correct cumulative-to-date amounts is an ongoing violation of state law,” Luby wrote in the aforementioned memo.
•The Newsom campaign’s $600,000 in postelection debt wasn’t paid off completely until late last year, much of it being carried by Jaye’s consulting firm and Sutton. Former Ethics staffer and commissioner Joe Lynn believes that could amount to an unreported loan to the campaign. “If Ethics was doing its job, it would investigate Newsom’s use of accrued debt,” Lynn told us.
•The Building Owners and Managers Association of San Francisco — a key Newsom supporter — urged members in December 2003 to make unlimited donations to Newsom’s inaugural committee that would also be used, it said, to help cover “transition activities,” which should legally be subject to contribution limits. But Ethics, as far as we can tell, never probed whether inaugural committee funds were used inappropriately for the new mayor’s transition to room 200.
•Newsom may have collected contributions exceeding the legal limit. During runoff elections, candidates are allowed to accept additional contributions from individual donors who have otherwise reached the maximum of $500. The total then permitted would be $750, which can be used to cover debt from the general election. As soon as general-election debt is retired, however, the candidate can no longer take advantage of the increased limit. But as far as the public can tell, there was no analysis conducted by Ethics to determine if Newsom’s campaign continued to collect $750 checks after having paid down its general-election debt.
St. Croix said most pending enforcement cases, more than ever before, were initiated by staff rather than complainants and the ideal scenario would be to emphasize aggressive earlier sweeps of all the campaigns. But unfortunately, he said, “we’re far away from that.”*
San Francisco Ethics Commission executive director John St. Croix has admitted that his office knew in 2005 about the alleged laundering of public money into a San Francisco City College bond election campaign well before the story broke in newspapers in April but did nothing to investigate.
That startling revelation knits together two concurrent series that the Guardian has been running for the past two weeks: one on City College’s deceptive and unaccountable use of bond money and another on the uneasiness local watchdogs feel about the Ethics Commission’s ability and willingness to mete out balanced punishment to elections-law violators.
When news reports surfaced in April that City College allegedly had diverted up to $30,000 in public money to a bond election campaign committee, Chancellor Phil Day moved quickly to limit the fallout. So did independently elected trustee Rodel Rodis, who along with six other board members is responsible for controlling and managing the San Francisco Community College District.
During meetings organized that month to address the matter, Day came clean and blamed everything on a "relatively new" assistant vice chancellor. At least two trustees, one of whom had been recently elected, still wanted to know more about why it was allowed to happen. Rodis, on the other hand, complained that hiring an independent investigator at a cost of $75,000 to look into the matter was too expensive and framed the stories written by San Francisco Chronicle investigate reporter Lance Williams as an unfair attack on the college.
"Let’s be mindful that we’re still in a budget crisis and we still need to watch taxpayer money," Rodis said at one of the meetings.
Unlike Rodis, District Attorney Kamala Harris didn’t treat the allegations as insignificant and is now reportedly probing possible criminal violations in connection with the scandal. The investigation, Williams wrote recently, includes contributions made to the committee by contractors that did recent business with the school.
But where was the Ethics Commission during all of this? The controversy raises serious questions about why the agency never took any action against City College when, as its mission statement declares, its responsibility is to "actively enforce all ethics laws and rules, including campaign finance and open government laws."
Late in the commission’s July 9 meeting, St. Croix made the stunning admission that although his office knew about the allegations surrounding City College’s dubious handling of public funds all the way back in 2005, for some inexplicable reason it did nothing.
Staff shortages and poor financing have plagued the Ethics Commission since voters created it in 1993. Although the number of staffers has doubled during his three-year tenure, St. Croix nonetheless told the Guardian recently that his agency remains dependent on the public to help expose political candidates and campaign committees that break the law.
"We still rely on people and the city being watchdogs," St. Croix told us. "We’re supposed to be the eyes and ears for a lot of things, but we’re still extremely limited."
In this case, however, St. Croix’s office was well aware of allegations that City College bureaucrats had misappropriated public funds. The school’s Board of Trustees, along with Day’s office, created the Committee to Support Our City College in 2005 to convince voters to give the school $246.3 million in bond money to continue with a slate of capital works projects that began in 1997 and now are costing hundreds of millions of dollars more than anticipated.
The owner of a motorcycle training school claimed in a December 2005 letter to the Ethics Commission that he was told by the college to make a rent check for the regular use of school property payable to the committee instead of the school itself. Amazingly, the Ethics Commission pondered contacting the state’s Fair Political Practices Commission to disclose the allegations, which is the least it should have done, but never actually did so, as St. Croix has acknowledged only now.
"I take responsibility for that," St. Croix told us. "I don’t know who actually dropped the ball. But at the time we had less staff and there were a lot of things we were supposed to do and we weren’t doing."
Nor did the Ethics Commission contact the college to demand that it amend its campaign filings from that year to reflect the true source of that $10,000 payment and acknowledge itself rather than the motorcycle training school as a major contributor to the bond committee. St. Croix figured that could happen at the conclusion of the FPPC’s inquiry. Of course, the FPPC didn’t know about the allegations, at least not until the Ethics Commission finally contacted it in May, following the Chronicle‘s front-page stories.
The Ethics Commission’s lax approach to City College oversight also extends to trustees like Rodis, who has his own apparent campaign finance violations from his 2004 reelection campaign. That year, records show, his campaign failed to turn in three key election filings required to ensure that before heading to the ballot box, voters have a chance to see where candidates are getting their campaign money from. The commission sent his campaign several warning letters; just one of the filings finally arrived nine months later.
The trustee pointed to a campaign staffer when we contacted him regarding the tardy campaign statements. "We had someone working on the campaign who was supposed to do that," Rodis told us. "He indicated to us that everything was in order. We relied on him. We paid him. And then we found out later that he didn’t do what he was supposed to do…. It was one of those things that happen when you trust people."
The filing Rodis did manage to turn in shows that of the more than $44,000 he raised for his reelection effort that year, at least $1,700 had no identified donors, and other donations were marred by confusing data entry errors. An internal Ethics memo obtained by the Guardian that discusses the Rodis reelection campaign committee concludes that its poor reporting "appears to be a matter of willfulness and disregard for the law" and what belated filings do exist "present significant data problems." According to the memo, "Based on the record, significant questions remain regarding the true facts of the committee’s financing."
Rodis in 2004 won reelection to the board for the fourth time since he first became a trustee in 1991. According to our conservative estimates based only on the late filings, he could be liable for thousands of dollars in fines. *
The San Francisco Ethics Commission is at an important crossroads, facing decisions that could have a profound impact on the city’s political culture: should every violation be treated equally or should this agency focus on the most flagrant efforts to corrupt the political system?
The traditionally anemic agency that regulates campaign spending is just now starting to get the staff and resources it needs to fulfill its mandate. But its aggressive investigation of grassroots treasurer Carolyn Knee (see “The Ethics of Ethics,” 7/4/07) — which concluded July 9 with her being fined just $267 — is raising questions about its focus and mission.
“For the first time in our history, we’re having growing pains,” Ethics Commission executive director John St. Croix told the Guardian, noting that the agency’s 16 staffers (slated to increase to 19 next year) are double what he started with three years ago.
Reformers like Joe Lynn — a former Ethics staffer and later a commissioner — say the commission should do more to help small, all-volunteer campaigns negotiate the Byzantine campaign finance rules, be more forgiving when such campaigns make mistakes, and focus on more significant violations by campaigns that seek to deceive voters and swing elections.
“The traditional thinking is there’s no exception to the law, and that’s been my traditional thinking too,” Lynn said. “But it doesn’t cut the mustard when you see a Carolyn Knee say, ‘I’m not going to do that again.'<\!s>”
At Knee’s June 11 hearing, Doug Comstock — who often does political consulting for small organizations — urged commissioners to reevaluate their mission. “Why are you here?” he asked them. “You’re not here to pick on the little guys.”
Yet St. Croix told us, “That’s not really the way the law is written. Everybody is supposed to be treated the same…. The notion that the Ethics Commission was only created to nail the big guns is not correct.”
That said, St. Croix agrees that regulators should be tougher on willful violators and those who have lots of experience and familiarity with the rules they’re breaking. And he said they do that. But it’s the grassroots campaigns that tend to have the most violations.
“It’s frustrating because the people who make the most mistakes are the ones with the least experience,” St. Croix said, noting that the commission can’t simply ignore violations.
A MATTER OF PRIORITIES
But critics of the commission say the problem is one of priorities. Even if there were problems with Knee’s campaign, there was no reason the commission should have launched such an in-depth and expensive investigation four years after the fact. That decision was recently criticized in a resolution approved by the San Francisco Democratic County Central Committee, which argued that the approach discourages citizens from getting politically involved.
“[The] San Francisco Ethics Commission spends an inordinate amount of its meager resources in pursuing petty violations allegedly committed by grassroots campaigns; this disproportionate enforcement against grassroots campaigns is directly contrary to the goal of the Campaign Finance Reform Ordinance,” one “whereas” from the resolution read.
The resolution’s principal sponsor, Robert Haaland, is intimately familiar with the problem. When he ran for supervisor in District 5 two years ago, his treasurer had a doctorate from Stanford and still struggled to understand and comply with the law. But they made a good-faith effort, he said, and shouldn’t be targeted by Ethics.
“It’s sort of like the IRS going after the little guy,” Haaland told us. “The commissioners need to set the direction of the commission for where they’re spending their time and resources.”
Eileen Hansen is perhaps the only member of the five-person commission to really embrace the idea that its mission is to help citizen activists comply with the law and to go after well-funded professionals who seek to skirt it. To do otherwise is to harm San Francisco’s unique grassroots political system.
“It’s true, the law is the law,” Hansen told us. “But I do think the Ethics Commission needs to grapple with how to apply the law in a fair manner.”
Is it fair to apply the same standard to Knee and to the treasurer of the campaign on the other side of the public power measure she was pushing, veteran campaign attorney Jim Sutton, whose failure to report late contributions from Pacific Gas and Electric Co. later triggered a $240,000 fine by Ethics and the California Fair Political Practices Commission, while those contributions might have tipped the outcome of the election?
Sutton gets hired by most of the big-money campaigns in town, such as Mayor Gavin Newsom’s, and has a history of skirting the law, including a recent case of allegedly laundered public funds at City College; coordination of deceptive independent expenditures against Supervisors Chris Daly, Gerardo Sandoval, and Jake McGoldrick; District Attorney Kamala Harris’s violation of her spending-cap pledge in 2003; and an apparent attempt to launder inaugural-committee funds to pay Newsom’s outstanding campaign debts (see “Newsom’s Funny Money,” 2/11/04). Yet the practice of the commission is to ignore that history and treat Sutton, who did not return calls seeking comment, the same as everyone else.
“We all admire and want grassroots organizations to do what they need to do,” Commissioner Emi Gusukuma said. But, she said, “the laws are there for a reason…. We’re supposed to enforce and interpret the law. The law should only apply to big money? The law has to apply to everybody. We can’t pick or choose.”
David Looman, a campaign consultant and treasurer involved in dozens of past elections, put it wryly. “Some people talk as though the grassroots campaigns shouldn’t have to obey the law,” he said of some activists he’s worked for who consider themselves the good guys. He said he reminds them, “This is the act that you helped pass, and now you gotta abide by it.”
“But there ought to be some kind of business sense here. Most regulatory agencies have offenses which they regard as de minimis,” Looman said, meaning “you get a nasty letter that says, ‘Don’t make a habit of it,’ and when you do make a habit of it, stricter penalties come into play.”
His experience with the commission has led him to believe there’s no sense of priorities when it comes to what Ethics pursues. Many of the small campaign committees Looman represents have been audited to what he feels is a ridiculous extent.
In one case, he told us, he took over the management of the Bernal Heights Democratic Club and discovered that it hadn’t been filing certain documents for years. He ended up paying $10,000 out of his own pocket to cover Ethics fines just because his name was now on the dotted line.
“Yes, the Bernal Heights Democratic Club was in complete violation of the law. They deserved to pay a penalty, but it was so far out of proportion. It was two times our yearly income. I think that’s inappropriate,” Looman told us.
THE GRASSROOTS CULTURE
Some say the whole idea of local campaign reform is to nurture an important and unique aspect of San Francisco: its vibrant and diverse grassroots political culture. “For every two committees in LA, there are three in San Francisco,” Lynn said, adding that it used to be a more extreme, two-to-one ratio. Larger cities often have more professionals involved, he said. “San Francisco has a unique political culture, very heavy on the grass roots.”
Yet the Ethics Commission doesn’t see protection of the little person as part of its mission.
“The fundamental problem with Ethics is it is not staffed by people who have been advocates for good government reforms,” Lynn said. “The Ethics Commission needs to come to grips with the fact that they’re tampering with the grassroots political culture of San Francisco.”
Lynn would like the commission to direct some resources toward hiring assistants to staff the office during the two or three weeks prior to Election Day, a crew that would help prevent violations and inoculate campaigns against being fined for errors that do occur.
“If you looked at the money that the Ethics Commission is spending going after citizen filers and reallocated it toward a staff of clerks, the cost to the city would be minimal,” Lynn said, estimating it at about $100,000.
Calling it the “H&R Block Unit,” Lynn thinks a staff of 10 to 15 clerks could be trained to assist small campaigns, individuals, and first-time filers who would come in and be walked through the complex paperwork.
St. Croix said such services are available now to inexperienced treasurers and those who ask for help — although not nearly as extensive as Lynn envisions — and he’d like to expand them in the future. But he said there are legal and practical complications to giving campaigns formal advice in letters that they might later use in their defense.
“I think it’s a lofty goal to educate people,” commission chair Susan Harriman told us. “We have staff with the sole job to keep people educated.” She said she’s attended meetings at which outreach occurred between the commission and community, but only as an observer. She thinks it’s the job of the staff to take an active community role, although St. Croix said that’s a resource issue.
Commissioner Emi Gusukuma thinks the appointed commissioners should be more involved. “I would be happy to be part of that team,” she said of joining any Ethics community outreach. “Going to clubs — I would definitely be willing to do that.” She noted that she and her fellow commissioners are all very busy, but she still thinks the educational aspect of their role is important.
Hansen also noted that a commission filled with relatively new appointees needs to hear more about the real-world impacts of its policies. “The public can educate the commissioners, and right now the commissioners are not educated on these issues,” Hansen said.
She and other reformers would like to see St. Croix facilitate a discussion of what the commission’s enforcement history has been and where the focus should be going forward.
“The perception is all we ever do is go after the small guys, but I don’t know if that’s really true,” Gusukuma said. She’s pushing staff to do more research into past enforcement actions “so we can tell the staff … not who to prosecute but what kinds of cases are important. We haven’t been able to get that analysis yet.”
Lynn said another key component in the education campaign would be to televise Ethics Commission hearings, which would help people become more engaged with the agency’s work. Commissioners Hansen and Gusukuma agreed, endorsing the proposal in this year’s budget cycle and winning the support of Sup. Chris Daly before he was ousted as chair of the Budget and Finance Committee, after which the expenditure (estimated at about $30,000 per year) was removed from the budget.
Harriman is opposed to televising hearings and thinks the money should be spent elsewhere. “I don’t think it’s a good idea. I think interested people who are interested in items on the agenda will appear. I think it’s a waste of city funds to televise something.”
Lynn said that attitude is the problem.
“The Ethics Commission doesn’t want to be televised, which is the reason to televise them,” he said. “They don’t want it because they’re trained that they are quasi-judicial and you don’t have cameras in courtrooms. Right now Ethics is invisible. The only way it can build a constituency is if it’s visible.”
Bob Planthold, another former commissioner, agreed. “Ethics doesn’t make friends,” he said. “It doesn’t have a constituency of positive advocates, and you need that at City Hall to get money and resources.”<\!s>*
David Duer is proud of the volunteer work he’s done with the West Contra Costa Unified School District. He graduated from the area’s school system, as did his kids.
So despite what was sure to be a burdensome responsibility with no pay, Duer, a development director for the UC Berkeley Library, accepted the chance to serve on a committee formed under a state mandate to monitor how the district spent $850 million in bond money authorized by voters in three elections since 2000.
"There are schools all over the district that have been renovated," Duer beams today.
The committee initially proposed meeting every quarter but soon realized that wouldn’t be nearly enough to do the job right and chose to meet monthly instead. Since 2003 it has received full-blown management audits of the school system’s performance every year, with biannual updates from independent professionals not beholden to district bureaucrats.
The story of San Francisco’s Community College District could not be more different.
The oversight committee that’s charged with monitoring $560 million in bond spending has never seen an expansive performance audit, just basic financial reports that show community college officials here seem to be obeying their most fundamental fiduciary duties. The panel meets three times a year for more than an hour and a half each time, and for three years it didn’t even report to the public on City College’s handling of the money, which it’s required to do annually by the state’s Education Code.
The community college committee is hardly made of Rotary volunteers and bored retirees: the list includes San Francisco treasurer José Cisneros and former San Francisco Chronicle publisher Steve Falk, now head of the local Chamber of Commerce.
But even members say the panel has fallen down on the job and that City College officials are freely shifting around the taxpayers’ cash with little or no accountability.
The mostly decipherable performance reports that West Contra Costa citizens receive, though lengthy, track all of that district’s bond expenditures and give the area’s oversight committee of taxpayers a vivid portrait of how well the school system and its administrators are managing hundreds of millions of dollars in building improvements. Any wonkish jargon in the reports that might mystify the committee is translated in "frank" terms by the outside inspectors, Duer says, without interference from school officials.
If a contractor were to double-bill the district or demand too much in change orders after promising completion within a set price range, Duer and his colleagues would know about it, and they could make suggestions on how to fix it. If the district was doing a stellar job, that would be clear too.
"I don’t see these performance audits as punitive," Duer said. "I see them as a confirmation that the process and systems in place are working."
MORE MONEY PROBLEMS
The Guardian reported last week ("The City College Shell Game," 7/4/07) that City College’s bond projects are running an astounding $225 million over budget. As a result, school officials have returned to the Board of Trustees five times in recent years to request that a total of $130 million be reallocated from one project to another to cover the overruns, leaving some projects promised to voters with little or no funding at all. We reported on a number of examples last week, but there are plenty more:
•<\!s> The construction of a new Mission campus was supposed to begin in 2002 but didn’t get under way until well into 2005. The project is now $30 million over budget, an increase of 50 percent, and the school recently requested another $6 million diversion from other bond projects. City College originally planned to build the campus where a shuttered theater currently stands on Mission Street but later moved the site to avoid a showdown with preservationists.
•<\!s> Since 1997, City College has asked voters for a total of $61 million to renovate and remodel existing buildings and meet Americans with Disabilities Act requirements. In November 2005 it asked voters for $35 million to perform such work, but just weeks after the election, $20 million of the money was reallocated to a planned Chinatown<\d>North Beach campus that’s now running $50 million over budget, an increase of 60 percent. That project’s ever-changing design has been heatedly challenged by everyone from the Chronicle‘s editorial board to Sup. Aaron Peskin to state senator Leland Yee.
•<\!s> Two projects for which voters authorized a combined $71 million won’t see the light of day unless the college returns to the ballot a fourth time, which school officials have discussed. The projects a biotech learning center and a one-stop administrative shop for new students have been drained of $42 million to save the Mission campus and an overdue Performing Arts Center, which will cost $75 million more than expected, an increase of 152 percent.
HUNTING AND PECKING
All of this irks Mara Kopp, who was appointed to City College’s oversight committee in late 2005 as a representative of the San Francisco Taxpayers Association. She’s complained openly that the school long ago should have hired auditors for the kind of far-reaching work West Contra Costa gets.
"If we received ongoing management reports, then we’d have something of substance," Kopp said. "We wouldn’t have to hunt and peck in a kind of naive, elementary way."
She is all but alone in her criticism, however, save for a small group of allies including former committee member John Rizzo and Milton Marks, one of the few voices on the independently elected Board of Trustees willing to apply tough scrutiny to Chancellor Phil Day’s office at board meetings. Green Party pol Rizzo recently became a trustee after closely beating longtime incumbent Johnnie Carter in the November 2006 board race.
Day has long argued that the school’s attorneys don’t believe such audits are required under Proposition 39, a 2000 state ballot measure that lowered the threshold for passing local school bonds. Prop. 39 required the formation of local citizens’ bond oversight committees.
Marks has questioned the strength of City College’s oversight committee and the lack of performance audits since at least 2005, but not until earlier this year were he and Rizzo able to force a resolution demanding the inspections, and now Day claims to welcome a management review. The school will bid out its first audit soon.
"The bottom line is, a performance audit as opposed to a financial audit would determine whether or not funds are being expended in the most efficient, effective, and economical manner instead of just adding up these funds and saying, ‘Here’s how much we expended and for what,’<\!s>" said Harvey Rose, a respected local auditor who’s reviewed city agencies and analyzed San Francisco’s annual budget for 35 years.
West Contra Costa concluded that Prop. 39 does require extensive managements audits. The committee even decided to include a $150 million bond election in 2000 in the scope of its work, although that wasn’t required, to ensure all the money was still being spent efficiently.
Duer said it doesn’t matter to him what the letter of the law requires. "It was always assumed with our work that this is something we had to have," he said.
The Los Angeles Community College District made the same assumption. Other districts statewide, however, appear to have interpreted Prop. 39 the same way City College has. And the Attorney General’s Office has never issued an opinion clarifying the matter.
Meanwhile, City College officials blame the millions of dollars in outsize project costs on inflation, a globally increased demand for steel and concrete, and slow-moving state regulators who must approve architectural designs.
"I understand both the college as well as the community would like to see us complete every single project we’ve proposed," Vice Chancellor Peter Goldstein told us recently. "We absolutely share that desire. The reality of cost increases has forced us to go back and look at our resources and reallocate in order to keep major projects going forward."
But Kopp and company argue that much earlier performance inspections would have revealed to the oversight committee and trustees where the increase in expenses came from with absolute certainty. That way, no one would have to rely exclusively on the glitzy project presentations made by Day and Goldstein that are often little more than slide shows with quotes from prominent business journals decrying the rising cost of construction materials. Trustee Marks has moaned repeatedly at board meetings that he doesn’t feel informed enough to vote on major reallocations, and his constant questions haven’t always made him popular.
"I think there’s this feeling that the board should not be adversarial," Marks said. "But I think by the nature of how things are set up, we have to be…. We have to look out for the best interests of the public at large."
Not everything’s rosy in West Contra Costa, of course. Anton Jungherr, a former San Francisco Unified School District official, sat on the West Contra Costa oversight committee for four years and fumed in an interview that the district didn’t take seriously the committee’s regular recommendations. He wants to form a statewide association of oversight committees to arm citizens with the information they need to track bond expenditures.
"There are legitimate reasons for change orders, but you have to analyze them and understand what the reasons are and then take the appropriate oversight action," Jungherr said.
But cost overruns in West Contra Costa still pale when compared with those at City College. Jungherr said that district has experienced about $100 million in unexpected costs on $850 million in projects undertaken since 2000, substantially less than what City College faces despite hundreds of millions of dollars more in bond projects.
Kopp still hopes City College’s oversight committee will build more muscle.
"If they were to show us documents they used themselves in monitoring all these things, that could substitute as long as the information was relevant and honest," Kopp said. "But it’s really been quite shallow all along."<\!s>*
Carolyn Knee, the poster girl for how the Ethics Commission is unethically treating treasurers of grassroots campaigns, goes once more before the Ethics Commission at a hearing starting at 5:30 p.m. Monday (July 9) in Room 408 in City Hall.
Carolyn and her attorney have reached a settlement of $267 with the commission’s enforcement division, which is one per cent of the amount the staff originally recommended.
But public power supporters fear that the reason her case is on the agenda once again is because at least two commissioners intend to raise questions about the recommended amount.
Carolyn, a retiree on a fixed income, found herself threatened with $26,700 in fines by the Ethics Commission for several alleged violations of campaign finance laws during a random audit of San Franciscans for Affordable Clean Energy, the grassroots group that forced PG&E to the ballot in the 2002 public power campaign.
The point: SFACE raised peanuts during the campaign (a little more than $l00,000) while PG&E spent more than $2 million to defeat the initiative, $800,000 in the final days of the campaign (and PG&E didn’t report this critical amount until nearly a month after the election.) Knee was fined l4 times what James Sutton, treasurer of PG&E’s front group, was fined. And the commission hassled and hounded her for the past five years or so. (See Amanda Witherell’s excellent story, “The ethics of Ethics,” in the Guardian and on our website and an earlier Bruce blog headed “Free Carolyn Knee! Free Carolyn Knee from the Clutches of the Unethical Commission.”)
Back in 2002, Carolyn Knee did what many other citizens of San Francisco were doing she volunteered her time and energy campaigning for a ballot measure she hoped would pass.
Five years later the retiree living on a fixed income has found herself threatened with $26,700 in fines levied by the Ethics Commission enforcement staff, who turned up several alleged violations of campaign finance laws during a random audit of San Franciscans for Affordable Clean Energy, the committee for which Knee was a volunteer treasurer.
At a June 11 probable cause hearing before the Ethics Commission, investigator Richard Mo itemized several infractions, including failure to report $19,761 in contributions on time, in addition to another $9,500 that came in right before the election but wasn’t reported until afterward; failing to notify two organizations that they were major donors who needed to file as such (one of which was the Guardian); not providing all the required information about two donors; and disparities between bank account statements and campaign finance reports.
Mo alleged Knee had "cooked the books," saying she "takes no responsibility" and "claims she was ignorant of the law, passes the blame on to her personal accountant. She cites her inexperience as a treasurer when in fact she served as treasurer for one prior committee."
It sounds like a litany of campaign crime, with Knee as the linchpin, but she maintains that none of it was intentional and that many of the reporting mistakes were made by her accountant, Renita Lloyd-Smith of the Simon Group, a company she’d hired to handle the complicated ledger of campaign finance reports. "Perhaps I was wrong in placing confidence in someone I had to hire because I didn’t know the rules," Knee told the Ethics Commission. "It was all in good faith. It was all done in love of my city. But I’ll never do it again."
Those words have a dual meaning: Knee hopes never to make another financial mistake, and she’ll never again take on the risk of steering the financial helm of a grassroots campaign.
Ethics Commission hearings such as this are usually held in closed session, but this one was opened at Knee’s insistence because she suspected she’s not the only one who’s had difficulties handling campaign finance laws or negotiating fair settlements. It was the first publicly aired probable cause hearing in the commission’s 13-year history, and both commissioners and attendees walked away with questions after issues of perceived bias and a lack of timeliness in the investigation were raised, as well as the possibility that the fines being threatened are inflated and arbitrary.
"There’s only one department in the city and county of San Francisco with no oversight Ethics," Joe Lynn told the Guardian. Lynn is a former Ethics commissioner and staffer who still watchdogs the agency and has been openly critical of the laxness he perceives there.
His question is one of many about the commission: How does the staff conduct its investigations? Should smaller campaigns staffed with volunteers be handled differently than larger, more professionally managed operations? If resources are tight, should Ethics be more focused on going after the big guys? If the commission had more resources, would the public benefit from both a greater understanding of campaign laws and a more open, honest, and just government?
SFACE raised a little more than $100,000 during the 2002 election season (including about $29,000 from the Guardian and editor and publisher Bruce B. Brugmann), but the measure it supported Proposition D, which would have allowed the city to set up its own public power system and break ties with Pacific Gas and Electric Co. failed.
PG&E spent more than $2 million defeating Prop. D, $800,000 of it in the final days of the race, which campaign attorney James Sutton, the treasurer of the utility’s front group, San Franciscans Against the Blank Check, didn’t report until nearly a month after election day, a violation of campaign finance laws. That act likely scored SFACE’s opponents the win.
The Ethics Commission staff launched an investigation, and in 2004, Sutton’s old law firm was fined $100,000 the largest amount ever levied by the city for breaking election laws. The state Fair Political Practices Commission also slapped Sutton with $140,000 in fines for vioutf8g the Political Reform Act (see "Repeat Offender," 10/27/04).
At Knee’s recent hearing, Lynn, who was once a finance officer for the Ethics Commission, pointed out she was being fined 14 times what Sutton was fined, and if the same formula had been applied, his fine would have been nearly $1.5 million. "You can’t change the standards arbitrarily," Lynn cautioned the five commissioners. "You need to establish standards for these fines, and you need to keep them across the board."
According to the governing law, which mirrors state mandates at the FPPC, commissioners may levy a fine of up to $5,000 or three times the amount of the violation, whichever is greater. Knee’s fine could be as much as $230,000, and Sutton’s could have been $2.4 million about the same amount that it costs to run the Ethics office for a year.
The Ethics Commission has never imposed the maximum fine, and executive director John St. Croix doesn’t like to draw comparisons between campaigns. "They’re like snowflakes, very different," he said.
A review of the past three years of enforcement history, posted on the commission’s Web site, bears out this truth and shows fines ranging from a sliver to as much as half of the contested amount. In many cases, fines are dismissed completely for financial hardship reasons. The commission does not abide by a formula, fearing that would handicap it during negotiations, but a number of considerations are weighed, including the experience of the campaign treasurer, the appearance of intent, the overall outcome of the election, and a willingness to make right.
Eric Friedman, spokesperson for New York City’s Campaign Finance Board, considered by many good-government activists to be the national gold standard for ethics groups, said its members use similar tactics for settlements, but "the structure that they follow is precedent. They’ve seen pretty much everything at this point." New York’s board is about five years older than San Francisco’s and audits all campaigns.
According to investigator Mo, the $26,700 in fines pointed at Knee was an "opening salvo" designed to inspire negotiations, which have not been smooth. Knee and her pro bono lawyer, David Waggoner, initially offered $500 to settle. Ethics continued to press for more, but Knee didn’t flinch. "I don’t think I should have to pay anything," she said, pointing out that Oliver Luby, the commission’s current fines officer, recommended a complete waiver of all fines. St. Croix said Luby doesn’t work in the enforcement division and doesn’t know all the facts of the case. The current settlement offer from Ethics is $267, which Knee is willing to accept if the commissioners agree.
It’s unclear how often such hardball is played. "Frankly, we took that settlement because that’s what they were willing to pay," St. Croix said of the Sutton case. So too with a $17,000 fine imposed on Andrew Lee for a variety of campaign finance violations (see "Enforcing Equity," 5/2/07). St. Croix said that was what Lee was willing to pay on the spot.
"I’m not sure we could set a standard," said Commissioner Eileen Hansen, who thought both the Lee and the PG&E fines were too low and said if that’s the bar, it should be raised. She pointed out that the law does provide guidance, but read literally, it could mean exorbitant fines for the same slipup echoed through a whole season of paperwork. "I think it’s a good thing to have the law," she said, but "some should pay the maximum amount and some should pay less."
"I’m happy to pay $250 to get it out of the way," Knee said. "This has taken so much of my time and energy." When asked about her audit experience, she replied, "I would never do this again. It totally discourages grassroots" campaigns.
A legal assistant for 25 years, Knee was not a professional accountant but did have experience doing some bookkeeping. "The IRS is like kindergarten compared to the Ethics Commission," she said.
David Looman, a professional treasurer who’s currently managing about 10 campaign accounts and undergoing three audits by the Ethics Commission, agrees that the potential liability is a huge risk. "Twenty years ago when I started in politics in this town, nobody paid for a treasurer. Nobody had a lawyer. Nowadays you’d be crazy not to do both," he said.
The audits in Looman’s cases involve small grassroots campaigns similar to the one Knee oversaw. "There’s no good business principle for why these people should be audited," Looman said. "The fewer resources you have to employ, the more intelligent your decisions should be for how to employ them. Here they are auditing my $12,000 committee when there are clear miscreants running around."
Part of the Ethics Commission’s charter calls for mandatory audits of all publicly financed campaigns, and St. Croix said the agency does as many random audits as resources allow. Last year, he recalled, more than a dozen were completed. With full financial backing, St. Croix said, he would audit all campaigns. He said, "It’s funny. People know they’re going to get audited and they still try to get away with stuff."<\!s>*
Next: what does the Ethics Commission need to rein in the most frequent and flagrant violators?
EDITORIAL There’s an excuse for every dollar of bond money that the San Francisco Community College District board has misspent in the past 10 years: The cost of construction materials has gone up (thanks to Hurricane Katrina and the rapid industrialization of China). State grants weren’t what the administration expected. One staffer did a bad job with price estimating. The list goes on and on.
But in the end, the truth remains: City College officials have lied to the voters. They’ve taken $130 million in bond money that was supposed to go to one set of projects and moved it to other projects. And they’ve gone $225 million over budget on three bond acts so they’re preparing to come back to the voters for a fourth infusion of cash.
And all of this has happened without the performance audit that state law requires for community college bonds.
As G.W. Schulz reports on page 15, City College administrators say they never intended to shift the bond money around like tokens in a three-card monte game. It’s just that some projects weren’t ready and some needed more money and some changed in priority and of course, according to the district’s lawyers, it was all perfectly legal. Maybe so but it’s awfully fishy and even at best is a serious violation of public trust.
When the voters approve a bond act to pay for, say, a new performing arts center at City College, there’s an implicit assumption that the taxpayer money they agree to spend will actually be used for what they were told. That may not always be exactly possible; once a big institution starts on a half-billion-dollar spending program, a few things won’t turn out the way they were supposed to. That’s why the law allows a little wiggle room. But in the end, overall, most of the money ought to go for what the voters were promised.
And in ballot arguments and presentations to the community over the years, the City College administration and the board have offered a very explicit set of proposals. We’ve seen all those presentations; never once has Chancellor Philip Day or one of the board members told us that the voters would be writing in effect a blank check that the specific projects listed on the bond act might or might not be completed, or that the money might be shifted somewhere else at the whim of the board at some later date.
That, sadly, is exactly what’s happened on a massive scale. More than 25 percent of the bond money has been "reallocated" earmarked for one project, then spent on another. The most obvious and most controversial has been the gym (which City College likes to call a "wellness center"). As we first reported Sept. 22, 2004 (see "Field of Schemes"), the trustees shifted $53 million that we’d been promised would be spent on an arts center and other projects to the gym, which includes a pool so expensive to operate that it’s going to be leased out in the afternoons to a private school across the street.
The wellness center may be a perfectly worthy project (the pool nonsense aside), but it’s not what the voters were told they were approving. And it’s hardly the only example. In one case, Schulz reports, the City College staff clearly knew before election day that the information in the ballot handbook was inaccurate and the money would be spent in different ways than what the voters were promised.
State law requires that public agencies conduct performance audits of these large bond projects but that’s never been done at City College. Only now, with the District Attorney’s Office crawling all over campus and criminal charges possible, has the board finally approved an audit.
Meanwhile, the college board still hasn’t adopted the San Francisco Sunshine Ordinance which isn’t surprising, since all of this has the feel of a series of backroom deals. Even some trustees, like Milton Marks III, who don’t outright oppose the reallocations say the money was moved without the board getting proper information from the administration.
City College is too important an institution to have its future (and the needs of the students and faculty) jeopardized by these kinds of political games. The board’s performance audit needs to move forward apace and the trustees ought to hire someone like Harvey Rose to do a full financial audit of where the money’s gone, why the budget is so badly busted, and what can be done to clean it up.
If the district attorney is investigating possible wrongdoing in some of the campaigns, she might have her staff look into the bond reallocations too. And if indeed this is all legal, then the state Legislature needs to change the law and require that institutions using bond money pay at least a modicum of attention to what the voters were promised when it comes time to start writing checks. *
The motto of San Francisco’s community college is "The truth will set you free."
For taxpayers, that’s a painful irony. Since 1997, the district has moved around $130 million in bond money in a fiscal shell game, taking funds that the voters were told would go to one set of projects and spending the money on others.
The half-billion-dollar bond program is now at least $225 million over budget, in part because of what the school admits was shoddy planning, and City College is considering asking voters to approve yet another set of bonds to catch up.
And all of this happened without a detailed performance audit.
Among the transfers and overruns we’ve discovered in a review of the bond program:
•<\!s>City College made up for a planned gym’s mammoth budget shortfalls by transferring more than $53 million from other projects, like the new Performing Arts Center, improvements to the Balboa Reservoir (that massive, sunken eyesore of a parking lot west of the Ocean Avenue Campus), and an academic partnership with San Francisco State University.
•<\!s>Construction on the Performing Arts Center was supposed to begin in 2004, but it’s gone nowhere. According to the school’s most recent estimates, the center now will cost $125.8 million, an increase of 152 percent from the original $50 million.
•<\!s>Two new campuses planned for the Mission and Chinatown neighborhoods are now running a combined $78 million over budget. School administrators this May requested an additional $6 million to complete the Mission campus. Plans for the Chinatown facilities were originally unveiled in 1997 to voters, who were later told construction would begin in 2006. Today the designs are mired in a political battle with neighborhood residents, and City College hasn’t broken ground on the project.
In at least one case, the school has acknowledged that a $1.3 million reallocation took place without prior authorization from its independently elected overseers, the Board of Trustees. Administrators later asked the board to consent to the transfer retroactively.
"We’re always asked to take this money and move it from here to here," complained trustee Milton Marks III, one of the few consistent critics on the board who in the past voted against such reallocations. "It may be justified…. But when I ask if there are programmatic changes, nobody can answer me."
The school calls the transfers "reallocations," and as of May the administration and the board had agreed to shift the bond money five times.
In one case, administrators asked for $70 million in transfers mere weeks after the 2005 election in which voters authorized the school to sell $246.3 million in bonds.
That January 2006 reallocation strongly suggests the office of Chancellor Phil Day knew the school wouldn’t be able to complete the projects described to voters but never corrected the ballot handbook or told the media and the public the truth.
Day agreed to a Guardian interview, then canceled it, citing a schedule conflict. But in board meetings he and his staff have insisted that the transfers were perfectly legal.
The school’s lawyers say reallocations are acceptable under Proposition 39, a state ballot measure passed by voters in 2000 that lowered the threshold in California for passing school and community college bonds.
Other districts have also relied on reallocations as the cost of construction materials has increased globally in recent years due to Hurricane Katrina and the ongoing expansion of China’s economy.
But the San Francisco school has argued the logical extreme that it can transform voter-approved projects in virtually any way it deems necessary.
"What obligation do we have in our reallocation considerations about making sure that those things get delivered all of those projects we listed in both [the 2001 and 2005] bond measures?" former trustee Johnnie Carter asked during a meeting Jan. 12, 2006.
"You have no obligation to complete any of those projects," Mona Patel, a bond advisor for the school, responded. "You can complete one of those projects. You can complete all of those projects or anything in between…. It’s solely within the board’s discretion."
Despite that explanation, City College’s woefully short budget projections mean the school might have to return to voters a fourth time to secure funding for two projects already promised the last time City College went to the ballot, in November 2005.
One of those planned facilities was supposed to house a stem-cell-technology training program lauded by Mayor Gavin Newsom in 2005 as a way to help locals compete for jobs in the Bay Area’s growing biotech and life-sciences research industries. The school stripped $25 million authorized by voters from that project and directed it mostly to two other projects running a combined $105 million over budget.
Marks and new board member John Rizzo have urged an expansive performance audit of the bond money, which they say is required under Prop. 39 but had never been completed.
Rizzo and Marks both told us that if unforeseen construction costs, a low number of project bidders, and the lethargy of state regulators are all problems contributing to unpredicted costs, school administrators need to come up with a plan to fix the situation. But the performance audit proposed by Rizzo and Marks would first identify which problems are most severe. Not having it, Rizzo said, "is like flying blindly. We’re just writing checks."
Peter Goldstein, vice chancellor for finance and administration, insisted to us that state law, as interpreted by the school, doesn’t require the type of audit called for by Rizzo and Marks. It simply requires that the school prove it isn’t spending money on projects not presented first to voters. He added that the reallocations weren’t simple but said he couldn’t answer from memory specific questions about the 2005 bond election, including why the school chose to pursue tens of millions of dollars in reallocations so soon afterward, in January 2006.
"They’ve been very difficult decisions for both the administration and the board," Goldstein said. "[This has] not been some kind of snap judgment. We’ve really had to search and try to make sure there wasn’t some way to contain costs otherwise."
The trustees often seem just as confused as the voters may be about the cost overruns. The trail is laid out in thousands of pages of bond proposals and ever-changing explanatory documents, all complete with glossy schematics and computer-generated students looking gleeful as they head off to class at one or another of the new facilities.
The section of City College’s Web site dedicated to its bond projects is difficult to follow. A brief summary of the projects appears in voter guides, but the full bond proposals are filed with the San Francisco Department of Elections, and you’d have to go there to copy or read the tomes, which contain a lot of qualifying paragraphs that look like this one, which refers to an academic building planned in conjunction with San Francisco State University:
"The college will aggressively pursue state and federal funding to support the ‘joint-use’ concept with San Francisco State University. If funds are not forthcoming, the ‘local’ funds will be utilized to support the construction of the new Child Care Center and the new Student Health Service Center."
Such fine-print disclaimers enabled Chancellor Day and Vice Chancellor Goldstein to later depict multimillion-dollar transfers away from academic construction as entirely legal, even though the Child Care Center and health clinic never appeared as official stand-alone projects in bond proposals presented to voters.
Between 2001 and 2005 the school asked for a total of $40 million to construct in tandem with SFSU the joint-use facility, which was slated to include new classrooms and laboratories where students could work toward bachelor’s degrees in education, health care, and child development. The project is now $26 million over budget and remains in the design phase. Since 2003 about $20 million that voters were told was going to the project has been reallocated to other projects facing increased costs.
A facilities manager at San JoseEvergreen Community College District, Robert Dias, was incredulous when we presented our findings to him. He said he’d heard of cost overruns statewide but "not to this extent."
"We have experienced rising costs, but we planned for it," Dias said. "Construction costs were going through the roof, but we did creative things to manage it."
On the other hand, Fred Harris, vice chancellor of the California Community College System, based in Sacramento, said the figures didn’t necessarily surprise him and that the state as a result has adjusted its guidelines for what individual school districts can claim as costs.*
Things do not look good for beleagured Sup. Ed Jew. Today. City Attorney Dennis Herrera announced that the evidence against the rookie supervisor is “overwhelming,” as he waved a thick wad of documents at the running dogs of the media, during a filled-to-bursting press conference. These documents, said Herrera, establish that Jew did not lawfully seek or hold office, and therefore his office is actively seeking his removal.
Herrera made this announcements after four weeks of investigations that included interviews with three dozen neighbors who saw no signs that Jew was living at his Sunset District residence, either 30 days before Jew filed to run in the District 4 2006 election, or anytime thereafter up until the FBI raid in May, plus a compilation by the City Attorney’s office of utility, phone and tax records that underscore Jew’s almost complete absence from his D4 property.
An upscale Emeryville hotel embroiled in a nasty, yearlong labor dispute appears to have called on the owner’s conservative political connections to bring about an immigration audit of the hotel. Worker advocates say the move was an effort to intimidate immigrant workers involved in a campaign to enforce a living-wage law.
Kurt Bardella, a spokesperson for US Rep. Brian Bilbray (RSan Diego), told the Guardian that a representative of the Emeryville Woodfin Suites contacted Bilbray’s office for assistance Feb. 1.
The request came within weeks of Alameda County Superior Court and Emeryville City Council rulings requiring the Woodfin to rehire the 21 workers it fired just before Christmas, allegedly due to worker Social Security numbers not matching federal records. That injunction was in effect pending an investigation of workers’ claims that the hotel had retaliated against them for organizing to enforce Measure C, a living-wage law passed by Emeryville voters in 2005.
"We were contacted by one of the HR people at the Woodfin Suites," Bardella told us. "They told us about the situation" and explained that they "had no mechanism" to deal with it, he said.
Bilbray, who chairs the House Immigration Reform Caucus and is one of the most vocal opponents of the recent immigration bill, wrote directly to the head of Immigration and Customs Enforcement (ICE) in February to request that it investigate the immigration status of Emeryville Woodfin Suites employees in order to "to create a mechanism for the employer to address this issue."
Bilbray represents the suburban San Diego district in which Woodfin Suites president Samuel Hardage lives. "We treated this as a constituent issue," Bardella told us.
Hardage is not only a constituent; he has consistently contributed to Bilbray’s campaigns for at least the past 13 years, donating $4,200 in 2006. A George W. Bush Pioneer, having raised $100,000 for the 2004 election, Hardage is also a major player in California and San Diego Republican politics.
Workers say the ICE audit was an intimidation tactic that should not have been used against them while they were trying to assert their rights, and ICE’s internal policies raise questions about whether the agency should have gotten involved in this labor dispute.
For months the Woodfin Suites has tried to justify firing workers who organized for better labor conditions by alluding to fears of reprisal by ICE. In a May 8 San Francisco Chronicle op-ed, General Manager Hugh MacIntosh castigated the East Bay Alliance for a Sustainable Economy (EBASE), a labor-affiliated think tank that supports the hotel’s workers, for "resorting to well-worn intimidation schemes to secure workers’ support for their organization drives."
The "fact that our hotel has been asked by the U.S. Immigration and Customs Enforcement to provide employment records, coupled with the agency’s raids in the Bay Area, suggests that our actions are anything but voluntary," he wrote.
The Bilbray connection significantly undermines this claim and could be significant in a pending state lawsuit by the workers. It is against the law for an employer to fire workers for organizing for better working conditions, regardless of immigration status. Under current immigration laws, however, it is also common.
"Employers often contact immigration authorities … in order to avoid liability," Monica Guizar, an attorney with the National Immigration Law Center, told us. "It is a well-known and documented tactic that employers use to stymie union organizing campaigns [and] escape liability for vioutf8g workers’ rights."
In recognition of this abuse, memorandums from the Department of Labor and internal ICE regulations have been established to dissuade worksite interventions when a labor dispute is occurring. Advocates have successfully invoked these guidelines to terminate deportation proceedings and prevent raids in the past, but immigrant workers are still incredibly vulnerable.
ICE Special Agent’s Field Manual section 33.14(h) requires that agents use restraint where a labor dispute is in progress and the complaint about employees’ immigration status "is being provided to interfere with the rights of employees to … be paid minimum wages and overtime; to have safe work places … or to retaliate against employees for seeking to vindicate those rights."
Additionally, a 1998 memorandum of understanding between the Department of Labor and ICE (then known as the INS) directs immigration agents to "avoid inappropriate worksite interventions where it is known or reasonably suspected that a labor dispute is occurring and the intervention may, or may be sought so as to, interfere in the dispute."
Guizar confirmed that these regulations are still in place under ICE. Monica Virginia Kites, a spokesperson for ICE, declined to comment on these internal regulations.
At a noisy Saturday-morning picket in front of the Emeryville Woodfin Suites, Luz, a 42-year-old from Mexico City, told the Guardian that managers never questioned her immigration status during the three years she was a housekeeper at the hotel until she started working with EBASE to enforce Measure C.
One day, Luz told us, her manager rushed her and other workers into the hotel’s attic, because "ICE was driving around outside and could come." According to Luz, the manager told them that "this could be a result of us supporting Measure C or working with EBASE."
The measure mandates a $9 per hour minimum wage for hotel workers and requires overtime pay for employees who clean more than 5,000 square feet of floor space during a shift. The Woodfin contributed $27,500 to an antiMeasure C campaign committee, filed two unsuccessful lawsuits that challenged its constitutionality, and then simply failed to comply with the law.
"They said we weren’t entitled to rights because we were immigrants," Luz recalled. "They started to say that our Social Security numbers didn’t match and that we would have to leave. This problem never came up until we asked for our rights."
In September 2006, Woodfin workers filed a class-action lawsuit seeking back pay. The Woodfin finally agreed to come into compliance with Measure C the following month, but it also told almost 30 workers that it had found problems with their Social Security numbers. On Dec. 15, the Woodfin suspended 21 workers and gave them two weeks’ notice that they were to be fired.
On the extensive Web site the Woodfin has devoted to the dispute, the hotel claims it was "forced to move to terminate their [workers’] employment" after receiving Social Security Administration "no-match" letters for them. "Today," it claims, "failure to act appropriately on a no-match letter may be considered evidence of an employer’s conscious disregard for the law."
This is false, according to Social Security Administration spokesperson Lowell Kepke. It is in fact "illegal for a company to fire an employee based solely on a no-match letter," he told us.
Because it has been so often abused, the letter itself states that employers "should not use this letter to take any adverse action against an employee…. Doing so could, in fact, violate State or Federal law and subject you to legal consequences."
An emergency ordinance returned workers to the Woodfin while the city investigated their retaliation claims, but on April 27 the hotel defied the ordinance by firing 12 immigrant workers, again citing problems with Social Security numbers.
The city issued a notice of violation; even probusiness city council member Dick Kassis, who opposed Measure C, called the Woodfin’s behavior "morally reprehensible" at a May 1 council meeting. On May 3 police arrested 38 people at a civil disobedience protest supporting the workers in front of the hotel, including Assemblyperson Loni Hancock and Berkeley city council member Kriss Worthington.
The almost maddeningly soft-spoken and reasoned Emeryville city council member John Fricke, who in February was the target of an unsuccessful restraining order filed by the hotel over his alleged "threatening" behavior, posed the following conundrum to us: why would a successful business continue to pursue litigation that is not cost-effective?
"I’m assuming their success is based on their business acumen," he said. Yet as a lawyer, he estimates that attorney fees are well above $100,000, on top of another $100,000 in fees borne by the city and at least that much in worker back pay. "You would think the wise business decision would be to cut one’s losses," he said.
One possible answer: EBASE organizer Brooke Anderson said this is actually an "ideological battle."
The Woodfin’s Hardage has spent more than $230,000 since 2000 to fund conservative politicians and ballot measures, including political committees that have taken antiunion and antitax positions on state and local ballot propositions, according to EBASE. He chaired the San Diego County Republican Party from 1995 to 1997 and has served as a fundraiser in several Republican campaigns.
Hardage cofounded the Project for California’s Future in 2001, which the Heritage Foundation describes as "a multi-year, multi-million dollar project" to prepare Republican candidates for California office and "represents a first-ever program to rebuild the conservative bench from the water board level on up."
The project’s cofounder is Ron Nehring, the passionately antilabor vice chairman of the California Republican Party and senior consultant to Grover Norquist’s Americans for Tax Reform. Nehring was also once director of government affairs for the Woodfin Suites.
A 2005 report by the Center on Policy Initiatives, a progressive think tank, names Nehring, Hardage, and Norquist among those who have helped the Republicans target San Diego as a model for their plan to radically cut government funding, permanently weaken labor unions, and privatize public services.
The ideological battle manifested itself at the Saturday-morning picket, which pitted roughly 15 College Republicans from Bay Area schools against 25 laid-off workers and supporters, each group with a bullhorn, separated by barricades and cops.
The Woodfin provided free rooms for the student counterdemonstrators, Ryan Clumpner, a UC Davis senior and chair of the California College Republicans, told us. Surrounded by signs such as "Quit ‘Stalin’: Get Back to Work," and "Respect the Law," Clumpner said he was "here supporting the Woodfin, which is being unfairly targeted by unions."
"I’ve actually done housecleaning," he said. Between semesters one summer, he said, he made $7 an hour cleaning rooms at UC Davis; immigrants supporting families in the Bay Area should also be content with this wage, he said. "If they want to make more, they can move up to supervisor positions," he said. "They’re here for a reason. This country is offering economic opportunities. The economic benefit is the reason they’re here, not the problem."
On the other side of the barricades, Luz said, "My idea is that you have to work hard and give a lot to the company so that they give something back to you in return. We gave them the best service, so they should give us reasonable salaries."
Retaliatory actions against immigrants organizing to improve their work situations have increased across the country in the past few years, just as high-profile raids have resulted in the detentions, arrests, and removals from the United States of thousands of immigrant workers.
The Woodfin is "an example of the need for just and fair immigration reform, coupling the legalization of undocumented workers in this country with strong labor- and employment-law enforcement," Guizar told us.
City Manager Pat O’Keefe told us that in the coming few weeks the city will be announcing a decision about its investigation into worker complaints and the Woodfin’s operating permit. *
By Steven T. Jones
Mayor Gavin Newsom — or at least his reelection campaign — appears to have finally woken up from two years of relative disengagement with city business to come out swinging at his favorite target, Sup. Chris Daly, who chairs the Budget Committee. The awakening began last week when Newsom responded to Daly’s proposal to tinker with his budget by tartly labeling the move the “worst kind of election-year politics and terrible public policy.” That opening salvo was ramped up today by calls to arms by the Newsom campaign and his favorite press minion. At issue is a legitimate, significant difference in policy priorities: should the city be putting more resources into the Police Department and street cleaning and repair, as Newsom proposed, or programs to create more affordable housing and stave off health care cuts, as Daly wants.
Budget hearings are designed to sort through these very choices, but the atmosphere has now been poisoned by election year politics and the nasty deceptions that can bring out.
Last Tuesday June 5, a mysterious column popped up in the ll Singleton/Media News dailies that ring the bay. It was the debut of Clint Reilly and the first of l56 weekly columns that he will write for the Singleton papers, according to the terms of the Reilly/Hearst/Singleton antitrust settlement.
A “paid advertising” line adorns the top of the column, but Reilly says he will get no bills and won’t pay them if he does. At the bottom of the column is an identification that Reilly wrote himself: “Clint Reilly is a San Francisco businessman and commentator on public affairs. The views expressed in this column are Clint’s alone and do not represent the views of MediaNews or any MediaNews paper.”
Riley writes about how Bill Honig 25 years ago this June won election as state superintendent of public instruction, against incumbent Wilson Riles, a popular superintendent, because of the power of newspaper endorsements.
Riley managed Honig’s campaign. He writes that “newspaper endorsements cut through the confusing array of promises and attacks and offer a seemingly objective evaluation based on the public interest.”
Why didn’t he point out that the newspaper landscape has changed, as his suit charged, and that voters today would be faced with a conservative Singleton dailies and the Chronicle/Hearst? Why didn’t he write about his suit? Or explain why his picture and column were mysteriously appearing simultaneously on Tuesday in ll regional dailies?
EDITORIAL Sup. Ed Jew may be able to explain the $40,000 cash in his safe to federal prosecutors. He may be able to convince the authorities that he did nothing illegal when he personally took payment for work that a permit expediter did and kept half the money for so-far-undefined community improvements. Those are criminal issues and a matter for the feds, Jew’s lawyer, and possibly a judge and jury. And while we agree with Sup. Chris Daly it sure looks terrible Jew is innocent until proven guilty.
His residence is something else.
The daily papers have produced enough evidence over the past few weeks to raise real doubts about whether Jew actually lives at the address he listed on his voter registration and candidacy forms. By law, he had to be a resident of the district 30 days before he filed for supervisor, but the water service at his 28th Avenue house had been turned off for four months before he announced his candidacy. Current water records show very little use. Neighbors have said the house has been vacant for some time.
So either Jew comes and goes at very odd hours, never sees his neighbors, and doesn’t shower or wash dishes at home, or he’s got a real problem. City Attorney Dennis Herrera has asked Jew to submit proof by June 8 that he is a resident of District 4, but there’s no reason the supervisor should wait for that deadline. He needs to immediately make public his home address and provide evidence to the voters of his district that he’s actually a resident. And if he can’t do that, then he ought to save the city and the district a long legal battle and simply step down.
Under the City Charter, the mayor has the authority to fill a vacancy on the Board of Supervisors, although the person appointed has to face the voters at the next regularly scheduled election. If Jew leaves office soon, it’s likely that both Gavin Newsom and his appointee will be on the November ballot.
And right now, the odds are that Newsom will appoint the man he endorsed and campaigned for last November Doug Chan. That would be a mistake. As we reported in "PG&E’s Candidates" (10/25/06), Chan is an attorney for Pacific Gas and Electric Co. His firm, Chan, Doi, and Leal, received more than $200,000 in legal fees from PG&E in 2005 and 2006, and as a partner, Chan received at least $10,000 of that (according to his own disclosure forms). If Newsom appointed him, Chan would be the first supervisor in modern history who directly received income from PG&E. At a time when the city is moving toward a public power system and is already involved in millions of dollars’ worth of litigation with PG&E, that would be an unacceptable conflict.
Besides, the voters have already had something to say on the question. Chan finished fourth in the balloting last fall, behind Jew, Ron Dudum, and Jaynry Mak. Dudum, who is far too conservative for our taste, was the first runner-up but there were four Asian candidates in the race, and together they far outpolled him. So there’s a good case for appointing an Asian to this seat.
We endorsed Mak in the race, and we still think she would be the best of the candidates who ran in 2006 and if the mayor wants to go beyond that field and find someone new, he’ll have to make a strong case for defying the will of the voters. 2
EDITORIAL The Progressive Convention didn’t produce a candidate for mayor, which wasn’t really a surprise: by the time the show opened, it was pretty clear that none of the leading contenders was ready to enter the race that day. And that, of course, will give the mainstream news media plenty of opportunity to say that the San Francisco left is disorganized, discouraged, and unable to mount a challenge to Mayor Gavin Newsom.
But Sup. Chris Daly actually did a very positive thing in pulling this event together. It wasn’t a nominating convention and never should have been, but it did serve as a reminder of the large and growing number of ideas, activists, and elected officials that make up that amorphous bloc known as the San Francisco progressives.
Daly, in a closing speech, noted that he’s heard over and over again how weak the movement is, but reminded the 400 or so attendees that "the state of the progressive movement is strong." Progressives control the Board of Supervisors and the school board. More than half the elected officials in the city generally fit under the progressive banner. And of the successful policy initiatives that have come out of this city in the past two years, almost none were from the Mayor’s Office.
Ten years ago, this event couldn’t and wouldn’t have happened. The city was stuck under the tight rule of a political machine, and only a handful of elected officials dared defy the kingpin, Willie Brown. Although the progressives have come a long, long way, winning a citywide race for mayor when the incumbent has soaring approval ratings and an essentially endless supply of money still isn’t an easy task. So it’s no surprise that there aren’t many takers.
In fact, there are some on the left who argue that it’s best to just give Newsom a pass and focus on the next round of supervisorial elections, in 2008. But that would be a mistake.
For starters, we’re still not convinced of Newsom’s invulnerability. The mayor may have great PR, but he has a lousy record. The city’s facing a long list of serious problems, from the murder rate to the Muni meltdown, and Newsom has done almost nothing to address them. The right candidate could mount a real challenge.
And even if it’s a long shot, San Francisco needs a mayor’s race. Newsom has gone into hiding of late; he won’t face the press, won’t appear before the supervisors to answer questions, and holds only farcical community meetings where all the questions are planted or screened ahead of time. A challenge would force him into the open and give the voters a chance to hold him accountable.
If it’s done right, a campaign could energize the legions of disenfranchised and create the sort of momentum the progressives need to retain control of the Board of Supervisors next year. And it would ensure that the left turn out for the election in November which will be crucial if some downtown-backed initiatives and an attempt to recall Sup. Jake McGoldrick are on the ballot.
It’s late, and it’s getting very late for a candidate to enter the race, but there’s still a short window of time. Former supervisor Matt Gonzalez is still thinking about a run, and if he’s going to do it, he should be talking now to some of the progressives whose support he’ll need. Frankly, he has some fence-mending to do from his last race and from his decision to leave the board, and he should start that now.
We still think Ross Mirkarimi ought to run, and despite his official reluctance, he still can. A win would shake up city hall like nothing in years; a loss might still position the supervisor well to try again when Newsom is termed out. Daly at this point has taken himself out for family reasons, which is understandable but he could also mount a strong campaign.
In his convention speech, Mirkarimi kept saying that "somebody" needs to take on the mayor. Ross, Matt, Chris … we’re waiting. *
There’s a section in Josh Kornbluth’s new show wherein the veteran (but weirdly ageless) monologist, waxing on admiringly about Sheldon S. Wolin, notes his old Princeton political science prof’s capacity for turning a student’s half-baked ideas into $10 notions. It reminded me of a professor I knew who was adept at the same thing. I’ve forgotten the exact metaphor Kornbluth employs to describe this pedagogical magic act, but I used to liken it to pushing a battered old Dodge across the seminar table and having the professor transform it into a Rolls Royce before sending it gliding back with your name on the license plate.
Of course, as anyone who knows his style will attest, the same might be said of writer-performer Kornbluth or Citizen Josh, as his solo play premiering at the Magic Theatre has him. Kornbluth, though, works his similar magic with his own thoughts, the detritus of a quick but wandering mind: the memories, spontaneous associations, and clumsy social encounters of daily life. He manages to swirl these together, with plenty of humor, into a big, inquisitive stew, until they coalesce into a solution to the problem he has set for himself and his audience, whether it’s growing up in (and out of) a red diaper, negotiating the nightmare that is the federal tax system, or, in the present case, coming to terms with the meaning of democracy in the United States.
It’s in keeping with Kornbluth’s at once self-deprecating and knowing humor that this exploration of the American institution takes place on a stage efficiently made up to suggest a classroom. He and director-collaborator David Dower (along with production designer Alexander V. Nichols) proffer a short bookcase, an American flag on a freestanding pole, and a slide projector and screen. But Kornbluth stands there as teacher and student, we soon realize, and we’re merely along for the ride.
The spark sending him back to civics class comes from his frustrated disillusionment following the 2004 election, a response challenged by his Berkeley neighbor an old-school chum and political scientist as not in keeping with a democratic ethos. (You too may be wondering exactly how democracy fits into national elections these days. But as our guide suggests, for the purposes of this exercise, "Let’s just say it’s not passé.") Before giving up on democracy altogether, Kornbluth agrees to do some digging into the subject. (There’s a more fundamental incentive than saving face with his neighbor: Kornbluth’s son, while not a very detailed or developed character in the show, nonetheless provides his father with a certain critical perspective throughout. Fatherly instincts demand he do something to save the world his child will inherit.) The research sends him bouncing across a lot of time and territory, including his first year at Princeton, his graduation day four years later (when the desultory student did not officially graduate but rather began a 27-year incomplete that he finally decided to remedy by contacting senior thesis adviser Wolin), and even 1957 Little Rock, Ark.
In this last instance (a particularly well-written and engaging passage), he unpacks the image of the famous photograph depicting African American high school student Elizabeth Eckford one of the Little Rock Nine, who tried to enter a previously all-white school and the white woman spewing racial epithets behind her, one Hazel Bryan, whose democratic skills were none too desirable. Since Kornbluth catches himself "going Hazel" in a playground dispute (literally) with another Berkeley neighbor, this is also a self-effacing and humanizing reference that eschews simple dichotomies of good and evil in the name of the hard, imperfect work of talking to, rather than past, one another. (Much of Kornbluth’s monologue takes place, figuratively speaking, in Berkeley’s Ohlone Park, known as People’s Park Annex during the student protests of the late 1960s and still host to the lumpy lattice dome welded together there by protesters, which the unsuspecting Kornbluth uses as a cell phone reception platform and refers to in aesthetic horror as "the structure.")
It’s a bumpy ride, all said, for this self-fashioned Don Quixote of democracy. The first 15 minutes or so feel almost too neat, too presentational or precious. Then, as Kornbluth relates the story of his brother’s troubled beginning as an extremely premature newborn and his (by now famous) nonconformist father’s startling intervention to save the baby the performance moves suddenly to a new and altogether gripping register. Although it’s not entirely sustained afterward, the next hour proves an engaging one. At the same time, the show ends on an upbeat note of liberal defiance and optimism that is hard to credit in an era when even Wolin can write, in 2003, that "a kind of fascism is replacing our democracy." The show’s overt politics is less satisfying than the nuance and complexity that emerge from the more personal and idiosyncratic passages. Citizen Josh is at its most charming and compelling when the accent falls on the second half of that moniker. *
CITIZEN JOSH
Through June 17
Tues.Sat., 8:30 p.m.; Sun., 2:30 and 7 p.m.; $20$45
By John Ross
OAXACA, OAXACA (May 27th) — On the first anniversary of the beginning of last summer’s feverish uprising here, the city’s jewel-box plaza which had been occupied for seven months by striking teachers and their allies in the Oaxaca Peoples’ Popular Assembly (APPO) from May until October when federal police forced them into retreat, shimmered in the intense spring sunbeams. The only massive police presence on view was the city police department’s orchestra tootling strident martial airs to a shirt-sleeved crowd of gaffers. Here and there, handfuls of burley state cops, sweltering in bulletproof vests and helmets in hand, huddled in the shade quaffing aguas frescas (fruit water) and flirting with the senoritas.
Evidence of last summer’s occupation has been obliterated. Surrounding government buildings have been scrubbed clean of revolutionary slogans and no marches were scheduled to commemorate last May 22nd when the teachers first established their camp in the plaza. Indeed, militant members of Section 22 of the National Education Workers Union (SNTE) were not encamped in the stately old square for the first time since the section’s founding 27 years ago. Ulises Ruiz Ortiz (URO), the object of their fury, was still the despotic governor of Oaxaca.
Despite the relaxation of U.S. State Department travel advisories and the apparent calm, few tourists were strolling the cobblestone streets of Oaxaca’s historic center and the cavernous colonial hotels around the plaza were virtually deserted.
The 2006 uprising has put a serious kibosh on the international tourist trade, the backbone of the local economy. If the experience of San Cristobal de las Casas after the 1994 Zapatista uprising is any lesson, the tourist moguls will take years to recoup.
“Apparent calm” is a euphemism oft utilized to describe the uneasy lulls that mark social upheaval in Mexico. True to the nation’s volcanic political metabolism with its fiery spurts of molten fightback and sullen, brooding silences, the Oaxaca struggle seems to have entered into a period of internal contemplation.
Government repression, which featured death squad killings and the jailing of hundreds of activists, slammed the lid down on the social stew but did not extinguish it. Discontent continues to brew and fester, the bad gas building down below. The structures of the Popular Assembly and the teachers union, which served to catalyze this discontent throughout 2006, remain intact.
To be sure, the social movements that lit up red bulbs as far away as Washington last year are not enjoying their best moments. Section 22, which itself is a loose amalgam of left factions, is wracked with division and dissonance, and its titular leader, Enrique Rueda Pacheco, is held in profound contempt for having forced the strikers back into the classroom last October and abandoning the APPO to savage government repression.
Moreover, in response to the 70,000-strong Section 22’s rebellion against the leadership of the National Education Workers Union (SNTE), union czarina Elba Esther Gordillo, a close confidante of President Felipe Calderon, chartered a new Oaxaca local, Section 59, to diminish the control that the militants exert over the state’s classrooms.
The division has put a dent in the teachers’ usual aggressive stance and instead of walking out this past May 15th, National Teachers Day, when new contracts are negotiated, Section 22 tentatively accepted a 4.8 percent base wage increase (above the 3.7 percent Calderon had conceded to other sectors) and 122 million bonus pesos to “re-zone” Oaxaca for cost of living increases in this tourism-driven state.
Although the “maestros” did participate in a two-day boycott of classes in May to protest the Calderon government’s privatization of government workers pension funds, whether the teachers will take part in an indefinite national walk-out June 1st that has been called by dissident education workers organized in the Coordinating Body of Education Workers or CNTE, remains unresolved at press time.
Nonetheless, the teachers’ disaffection with Ulises remains strong and Section 22 spokesperson Zenen Reyes last week (May 23rd) called upon the teachers and the APPO to push for cancellation of the Guelaguetza, an “indigenous” dance festival in July that has become Oaxaca’s premier tourist attraction. Last year, the strikers and the APPO destroyed scenery and denied access to the spectacle, forcing URO to suspend the gala event. In its place, activists reclaimed this millennial tradition of Indian cultural interchange by staging a “popular” Guelaguetza in the part of the city they were occupying, and plans are afoot to repeat that celebration this year.
The Oaxaca Popular Peoples Assembly, which came together after the governor sent a thousand police to drive the maestros out of the plaza last June 14th and which at one time included representatives of the state’s 17 distinct Indian peoples and many of the 400 majority indigenous municipalities plus hundreds of grassroots organizations, is equally fractured. Having borne the brunt of the repression – 26 killed, 30 disappeared, hundreds imprisoned – the Popular Assembly has been reduced to a defensive posture when only months ago it was an aggressive lightning rod for social discontent.
Even more debilitating than the government crackdown has been the prospect of upcoming local elections August 7th to choose 42 members of the Oaxaca legislature and October 5th balloting for 157 non-Indian municipal presidents (majority indigenous municipalities elect their presidents via traditional assemblies.) While the APPO considers that its goals transcend the electoral process and rejects alliance with the political parties, some Popular Assembly leaders engage in a quirky dance with the left-center Party of the Democratic Revolution (PRD) which last July almost catapulted Andres Manuel Lopez Obrador (AMLO) into the presidency.
Prominent APPO mouthpiece Flavio Sosa, jailed by Calderon as his first political prisoner, is a former Oaxaca party leader and the PRD has mobilized to achieve his release.
Perhaps the cruelest blow the APPO and the striking teachers struck against Ulises came during July 2nd 2006 presidential elections. Although URO had promised the long-ruling (77 years – at least in Oaxaca) Institutional Revolutionary Party (PRI) a million votes for his political godfather Roberto Madrazo, the popular movement inflicted the voto del castigo (punishment vote) against the PRI, handing the state to AMLO’s presidential bid in addition to electing both PRD senators and nine out of 11 federal representatives to the new congress for the first time ever.
The left party seemed positioned to bump Ruiz again in 2007 by taking the state legislature and neutralizing the tyrannical governor’s clout. But instead of rewarding the APPO and Section 22 for having dumped the PRI in 2006, the party has responded by excluding activists from its candidate lists.
“If, at one time, there was hope that elections could provide a solution to the conflict, exclusion of the APPO has canceled them,” writes Luis Hernandez Navarro who follows Oaxaca closely for the national daily La Jornada.
One Oaxaca-based PRD insider who preferred not to be named confides that APPO activists were vetoed by the left party’s national leadership least front-page photos of the candidates hurling rocks during last summer’s altercations lend credence to the perpetual allegations of the PRI and Calderon’s right-wing PAN that the PRD is “the part of violence.” Most local candidacies were distributed in accordance with the laws of PRD nepotism and amongst the party’s myriad “tribes.”
The exclusion of the APPO activists so infuriated 50 members of grassroots organizations led by Zapotec Indian spokesperson Aldo Gonzalez that they stormed the PRD’s Oaxaca city headquarters May 18th, leaving its façade a swirl of spray-painted anguish. The failure to select candidates from the popular movement, Gonzalez and others charge, throws the elections to URO, suggesting that the PRD has cut a deal with the APPO’s arch enemy.
Given the hostilities the upcoming elections have sparked so far, the August and October balloting could well signal another “voto del castigo” – this time against the PRD.
The election season was in full swing by mid-Spring in Oaxaca. PRD leader Felix Cruz, who had just coordinated Lopez Obrador’s third tour of the Mixteca mountains (AMLO was conspicuously absent during last summer’s struggle), was gunned down in Ejutla de Crespo on May 21st. Juan Antonio Robles, a direction of the Unified Triqui Liberation Movement (MULT), a participating organization in the APPO, met a similar fate the next day. That same week, a car carrying a local candidate for Elba Esther Gordillo’s New Alliance Party was riddled with gunfire along the coast. Drug gang killings have also jacked up the homicide rate in the state – under Ulises’ governance, drugs and drug gangs have flourished.
Meanwhile, in classic “cacique” (political boss) style, the PRI governor is out and about dishing up the pork to buy votes, passing out cardboard roofing and kilos of beans, building roads to nowhere and bridges where there are no rivers to cross, to pump up his electoral clientele. Gifting opposition leaders with pick-up trucks to enlist their allegiances is a favorite URO gambit, notes Navarro Hernandez.
Despite the ambitions of some of its members, the APPO is not enthusiastic about participating in the electoral process. At a statewide congress in February, APPO members were allowed to run for public office as individuals and only if they resign from any organizational function.
Miguel Cruz, an APPO activist and member of the directive of the CIPO-RFM or Popular Indigenous Council of Oaxaca – Ricardo Flores Magon (Flores Magon was a Oaxaca-born anarchist leader during the Mexican revolution) is not a partisan of the electoral process. Seated in the CIPO’s open-air kitchen out in Santa Lucia del Camino, a rural suburb of Oaxaca city where police gunned down U.S. journalist Brad Will last October, Miguel explains his disdain for how the elections have split the APPO “when they were supposed to bring us together.
“Everyone is working on their own agendas now and the so-called leaders are all looking for a ‘hueso” (literally ‘bone’ – political appointment.) This is a crying shame. The APPO is a mass movement, not a political party. Our consciences are not for sale.”
June 14th, the day last year Ulises sent a thousand heavily armed police to unsuccessfully take the plaza back from the striking teachers, is a crucial date. The APPO and Section 22 are planning one of their famous mega-marches which last summer sometimes turned out hundreds of thousands of citizens. Will June 14th signal a resurgence of massive resistance and if it does, will the popular leadership be able to restrain hotter heads and government provocateurs that last November gave the federal police the pretext to beat and round up hundreds? Miguel Cruz is hopeful the APPO will persevere. “Whatever the ‘leaders’ do and say, the APPO lives down at the bases.”
Up the steep, windy hill in San Pablo Etla, where the cognoscenti live above the hurly-burly on the streets of Oaxaca, political guru Gustavo Esteva views the popular struggle down below geologically. “The popular movement in Oaxaca is like an active volcano” he writes in La Jornada, “last year when it erupted, the movement left its mark in the form of molten lava trails. Now the lava has cooled and formed a cap of porous rock that marks the point through which the internal pressure will find its way to break through to the surface again.”
John Ross is in Mexico City hot on the trail of Brad Will’s killers and re-immersing himself in the real world. Write him at johnross@igc.org if you have further information.
It’s been five months since the Board of Supervisors passed Sup. Tom Ammiano’s ordinance directing the San Francisco Police Department to make cannabis busts its lowest possible priority.
But is it safe to say San Franciscans can openly smoke, grow, or distribute cannabis without being harassed by law enforcement, as the nighttime talk show hosts and news pundits are fond of pronouncing?
Eric Luce, who’s worked as a public defender in Jeff Adachi’s office for the past four years, doesn’t think so. He’s seen a spike in recent cannabis busts and has eight open cases right now involving small-time marijuana sales.
"They’re being charged every day," Luce said. "This is a fairly new phenomenon, and I think it’s linked 100 percent to getting felony conviction rates up."
One of Luce’s clients, a Salvadoran émigré, already faced a stacked deck without trouble from the police. She’s an HIV-positive, transgender woman with a history of clinical depression. During a string of undercover operations conducted by SFPD narcs throughout March and April, an officer approached the woman (Luce requested that the Guardian not publish her name), asking if she had crack.
No, she said, but she did have a little pot, what turned out to be half a gram, hardly enough for a joint. The officer offered $5 for it, but she declined and turned to leave, declaring that she’d rather just smoke it herself. So he raised his offer to $10. She said yes and was arrested.
More than a month later, she remains in jail, and although she was granted amnesty in the late ’80s and has spent the past 25 years in the United States, Luce said, the arrest threatens her immigration status.
In another recent case, three men were arrested at Golden Gate Park in early March for allegedly selling an eighth of an ounce to an undercover narcotics officer. All told, police claim the trio possessed a half ounce between them. One defendant spent a month in jail for it, and Luce’s client, a homeless man named Matthew Duboise, was only released after Luce persuaded a judge that the officers had searched him illegally.
If Luce’s clients otherwise accept guilty pleas simply to get out of jail, District Attorney Kamala Harris gets to characterize these pleas as felony convictions of drug dealers a significant distinction during an election year even as she claims publicly to back the concept of low priority. Like so much about the drug war, Ammiano’s ordinance, joined by a handful of other piecemeal legislative attempts in California to soften prohibition, creates as many questions as it does answers.
How would police officers officially make cannabis a low priority? Could they look the other way without sanction? Does the SFPD even care what city hall decides if federal agents continue to insist through their actions and words that possessing or using cannabis in any form is still against the law?
In recent weeks we contacted the defendants in three additional local cannabis busts, ranging from large to small quantities, but none of them would speak to us even off the record about their cases, fearing a backlash at pending court hearings. So we visited the very unsophisticated criminal records division at the Hall of Justice on Bryant Street for a crude statistical analysis of recent marijuana charges filed in the city.
Using the hall’s record index, we conservatively estimated there were well more than three dozen cases filed by the District Attorney’s Office since the beginning of 2007 involving violations of California’s Health and Safety Code, section 11359, felony possession of marijuana for sale. The tally is just for simple drug charges, and that doesn’t even count cases with accompanying charges, like weapons possession or violent assault.
So where are all these cases coming from?
Sharon Woo, head of the DA’s narcotics unit, points out that Ammiano’s legislation specifically exempts "hand-to-hand sales" in public places and was amended notably at the 11th hour before its passage to include such sales "within view of any person on public property." She said most of the cases we identified, like the two mentioned above, involved an SFPD response to grumbling from residents about drug sales in certain neighborhoods. The resulting undercover sweeps net 20 to 50 suspects each time.
"The [Police] Department is really answering a community request for assistance, and we’re prosecuting based on the information they give us," Woo told the Guardian. "When it’s in an open place, a public place, we treat hand-to-hand sales of marijuana as seriously as any other type of crime."
Those are only the cases for which there’s a paper trail. Gary Delagnes, president of the San Francisco Police Officers Association (SFPOA) and a former narcotics officer, told us police in the city are more than likely to simply book confiscated marijuana without filing charges against the suspect to avoid paperwork and the perceived inevitability by the SFPD rank and file that Harris won’t prosecute small-time users or growers, at least not with the zeal they’d prefer.
That means the index we scanned wouldn’t reflect instances in which police simply confiscated someone’s pot possessed legally or illegally or cases in which a suspect was never arraigned in court but still endured being ground through the criminal-court system. And it’s worth mentioning that at least under city rules, a qualified medical marijuana patient can possess up to eight ounces of dried cannabis, a considerable amount.
Delagnes says marijuana should be fully decriminalized. "But if somebody calls us and says, ‘Hey, look, there’s a place next door to me, and it stinks like marijuana to high heaven, and I just saw a guy in the backyard with 50 marijuana plants,’ what are we supposed to tell the guy on the phone? ‘Tough shit’?"
What’s remarkable is that San Francisco has been through all this before 30 years ago. Local voters passed Proposition W overwhelmingly in 1978, demanding that law enforcement officials stop arresting people "who cultivate, transfer or possess marijuana."
Dale Gieringer, director of California’s National Organization for the Reform of Marijuana Laws, said San Francisco all but forgot Prop. W. So how do you prevent the same thing from happening to Ammiano’s ordinance? "You don’t. Law enforcement is unmanageable," Gieringer said. "You have to get state law changed. The only way I know to get state law changed is you … try to build up local support before you finally go statewide, which is exactly what we did with medical marijuana."
Gieringer, who helped Ammiano’s office pen the most recent law, said it was modeled after a similar Oakland version, which explicitly made an exception for street sales. "We were protecting private adult cannabis offenses with the understanding that we didn’t want marijuana sold in the streets, which has been a real problem in Oakland and other places," Gieringer said. "You get all of these neighborhood complaints."
But in another case we reviewed from court records, a suspect named Christopher Fong was pulled over in January near Harold Street and Ocean Avenue and arrested for allegedly possessing five bags of marijuana.
He had a doctor’s recommendation but no state-issued medical cannabis card, according to court records. Under Proposition 215, passed by voters more than 10 years ago, you still don’t need a license to prove to officers you’re a cannabis patient, a fact Woo from the DA’s Office didn’t seem fully aware of during our interview. San Francisco state assemblymember Mark Leno simply created the license system in 2003 to encourage law enforcement to stay off your back with the right paperwork.
So despite each of California’s awkward lurches toward decriminalization, without a complete, aboveground regulatory scheme, users still exist in a form of criminal purgatory, and demand for cannabis still spills onto the street. The most anyone can pray for is being confronted by a cop who happens to be in a good mood that day.
"It still comes down to the discretion of the cop," Ammiano told us.
His law nonetheless quietly represents something that few other decriminalization efforts have in the past: its premise does not hinge on the notion that cannabis possesses medicinal qualities. It simply says taxpayers are weary of spending $150 million statewide each year enforcing marijuana laws and clogging courts, jails, and the probation system with offenders.
The ordinance also includes the formation of a community oversight committee composed of civil liberties and medical cannabis advocates. They’ll be responsible for compiling arrest rates and obtaining complaints from civilians in the city who believe they’ve been unfairly accosted by officers.
"I think [the department] would be more likely to take it seriously if they received a lot of complaints about what they’re doing," said Mira Ingram, a cannabis patient and committee appointee. "So I’m hoping with this committee, we’ll be able to bring all of this stuff out and be a sounding board for people who have problems with [police]."
Ammiano’s office told us the ordinance simply codifies what was already the prevailing attitude in the SFPD’s narcotics unit. But it remains doubtful as to how far the cannabis committee could go in forcing fundamental changes in department culture, especially considering the committee couldn’t punish officers for vioutf8g the lowest-priority law or even for refusing to provide detailed information about individual cases.
"Until we can change that culture, it’s not going to go away," admits Michael Goldstein, another committee appointee. "It would be my hope that … eventually we would have some empowerment to forestall and limit what they do in that regard. But you understand what it takes to completely transform an organization like that. It ain’t gonna happen. I’ve been around [San Francisco] for 30 years."
While Delagnes told us that he’s not altogether opposed to the idea of repealing prohibition, the SFPOA has attacked local officials who publicly support cannabis users, a signal that even after an entrenched, decades-long war against narcotics, the Police Department may be a long way from making marijuana a truly low priority.
Police commissioner David Campos, an aspirant to the District 9 supervisor seat now held by Ammiano, drew fire from the SFPOA when he recently criticized a regular antagonist of the city’s medical marijuana dispensaries, an SFPD sergeant and particularly aggressive drug cop named Marty Halloran.
"Commissioner Campos said Marty Halloran has no business being a police officer," Delagnes angrily told the commission in April. "Oh really? Well, for someone who has obviously dealt with this situation with a complete lack of integrity and has failed to act in a fair, impartial, and objective manner, I believe the opposite is true of Mr. Campos, and perhaps you should not be sitting on this commission."
Does that sound like an end to prohibition looms?
For Luce, the most alarming recent trend is officers finding a homeless street addict as a hook to direct them toward a more prominent dealer. When the arrest occurs, both are charged with felony possession of narcotics for sale.
"That’s not the point of these undercover narcotics operations," he said. "The point of them is to go after hardcore sellers. And what they’re doing is targeting the most vulnerable people out there, these addicts. It’s a way for the police to say, ‘We’re arresting dealers.’" *
Z marks the spot, whether that spot is the television, cinema screen, museum installation, or the memories of millions of people who’ve borne even cursory witness to the career of Zinedine Zidane, especially its instantly mythic as opposed to merely controversial final athletic moments. All of the above spots are touched on by the masterful Zidane: A 21st Century Portrait, a multiformat work at the crest of a current fascination with athletic documentary. Shadowed by Verónica Chen’s undersung swimmer drama Agua (2006), Douglas Gordon and Philippe Parreno’s project reveals sports’ potential as a source for pure cinematic dynamism. Moreover, it taps into a famous athlete’s tremendous resonance as a subject of artistic portraiture.
The presence of the word Portrait in Zidane‘s English title is an important one. The film’s codirectors (the latter of whose recent installation The Boy from Mars is a favorite of filmmaker Apichatpong Weerasethakul) shot only one match, from Real Madrid’s 2005 season. But they are portraying both Zidane and this century. If ever there was a solitary if team-playing figure up to the task of embodying or at least evoking a universe, Gordon and Parreno have chosen him. To use the vintage words of ABC’s Wide World of Sports, Zidane’s actions have transcended the thrill of victory and agony of defeat.
Zidane makes its public SF debut at the Yerba Buena Center for the Arts, thanks to film curator Joel Shepard. (One can always dream of a future screening at the Metreon, where its Kevin Shields and Bay Areainfluenced sound design, Mogwai score, and panoramic scope would be ideally realized.) Because I’ve only seen it on DVD, in lieu of writing a review, I recently spoke with Gordon. The Turner Prizewinning native of Glasgow, Scotland, began our talk while looking at a Neil Young record in a bookstore, before grabbing a cup of tea, and maintained his casual good humor whatever the topic.
GUARDIAN What led you to choose Zidane as the film’s subject? Were you a fan?
DOUGLAS GORDON Yeah. The first time we met Zidane, it was difficult to try and behave like adults. I can speak French OK, but I tried to introduce myself and sounded like a girl meeting John Lennon in 1960. I fell to pieces.
SFBG The George Best movie Football as Never Before (1971; directed by Hellmuth Costard) has been cited in relation to Zidane. But it comes from a different era, and Best is a different kind of subject or icon, and you’re using different equipment.
DG We developed our idea in blissful ignorance of Costard’s movie. But when we were having trouble figuring out how to deal with portraying the halftime period, someone mentioned [it] to us. At that point it wasn’t available on DVD, so Philippe actually flew from Paris to Berlin to go to the National Film Archive in Germany.
Later, we watched it together and looked into Costard’s practice. Obviously, he didn’t want to engage with the industry of cinema or the vocabulary of cinema it was almost antithetical to his practice whereas we wanted to play with the idea of a star and how a star is mediated, to see if we could get under the skin rather than stay on the surface.
SFBG Can you tell me about your tactics in using 17 cameras within one game to capture Zidane? To me, television hasn’t figured out how to present soccer. Some sports translate intimately to television, but soccer is often held at a distance.
DG Most televisual representations of football are based on a kind of theatrical convention of only shooting from one side you have an entrance-left-exit-right type of motion. By breaking that down, you actually break up the architecture of the stadium. It’s no longer rectangular; it’s become circular in a way.
We wanted to make a portrait of a man: a working man who happens to be Zinedine Zidane, and the work happens to be football. It wasn’t a particularly good day at the office for him he didn’t score any goals, and he got red-carded. But we wanted what we did to be along the lines of a Robert Bresson picture; to capture the honesty of the everyday.
Kon Ichikawa’s 1965 Tokyo Olympiad was a reference, and more for me than for Philippe the NFL. I wasted my youth watching 16mm, fantastically well-photographed NFL [footage]. Beautiful stuff, [shot by] cameramen who’d just come back from the war [in Vietnam]. Seagulls might flap by in front of them, and it wouldn’t be edited out. There was something rough about the NFL stuff that we wanted. There’s a couple of scenes in Zidane where the camera drifts up. That was deliberate, but it’s a reference to the sort of accidental beauty that can happen in that type of footage.
SFBG One thing that the film brings across is that there are long periods of the game when Zidane is meditative and literally just standing. Then when he does move, it’s incredibly sudden and really focused.
DG Some people have said that it’s a little reminiscent of nature programming. He’s definitely on the hunting side of things rather than the hunted.
It’s an exercise in one man’s solitude, though. There happen to be 80,000 people in the stadium, and he’s part of a team of 11, but there are huge periods where he’s completely alone.
Before shooting, we went to about 15 or 16 games and sat on the pitch. One of the big differences about the way we shot the film is that, apart from one camera, everything was on his level. There’s only one aerial camera that we used very sparingly as a backup. We knew the way he would walk around and that he’d pace himself during the game, so when we talked to the [project’s] producers, another reference we used was the corrida. You just don’t know if he’s the bull or the bullfighter.
If you were inside the head of Zinedine Zidane, you wouldn’t see him at all, which would sort of defeat the purpose of the film. But we did want to give his point of view, and there are specific passages where you see him move his head as if he’s a little disoriented. At points like those you don’t really know if you’re looking at the world through his eyes or looking at him.
SFBG What was his response to your portrait?
DG He’s not a man of many words, but he got pretty animated [when he saw it].
We kept him informed. We knew it was going to be a fairly hardcore exercise and that it was better to tell him how we were approaching it step-by-step rather than just turn up after a year’s worth of editing and hit him with [the finished work].
There were a couple of times [during the process] where he was really surprised and said, "That doesn’t look like me, this is not how I look on TV, this is not how I look in a newspaper this is how my brother looks late at night talking to my mother."
We were nervous about how he felt he was portrayed because of the red card and the violence [in the match]. But he said, "I would do it again. The guy was an asshole."
SFBG That brings me to an inevitable question: what was it like to see things play out somewhat similarly in the final match of the 2006 World Cup?
DG I was in the stadium, and I couldn’t believe it. Of course, you couldn’t see what was going on because as usual there were another couple of Italians lying down feigning injury.
I knew we’d obviously stumbled upon something when, even before I’d seen the incident, people in the English press were quoting our film to make Zidane out to be a baddie.
SFBG Was that frustrating?
DG I think [Zidane]’s been sent out [of matches] more times than anyone else who wore the number 5 in the history of football. He’s a real person; he’s volatile.
It doesn’t really matter what [Italian player Marco] Materazzi said to him; what matters is that he said something to one of the greatest footballers of this generation. There’s five minutes left to go in [Zidane]’s career, and you want to taunt him about his wife?
SFBG How did you come to collaborate with Parreno?
DG Philippe and I have had mutual friends since the early ’90s. We’d pop up in the same group exhibitions around 1990 and 1991. He made a film with Rirkrit Tiravanija and Carsten Höller in 1994 called Vicinato, and then I got involved along with Liam Gillick and Pierre Huyghe in [1996’s] Vicinato 2. We’d spent a long time together talking about the script, and we shot it together down in Monaco. We watched a lot of football during that period as well.
But the genesis for the project really happened in Jerusalem, of all places. Philippe and I happened to be in a group exhibition ["Hide and Seek," curated by Ami Barak] there in 1996, and it just so happened the exhibition was under a football stadium, the Teddy Kollek Stadium. We finished our installations very early, and since Jerusalem isn’t a place to go idly wandering, we bought a football and played Keepy Uppy for about a week. During that time we spoke of what we remembered about being kids playing football, watching football, and what we aspired to [achieve]. Then we spoke about cinema and the fact that people had been waiting for us both to make a movie.
We chose Zidane partly because and I think it’s the same after our film he’s an incredibly enigmatic character. He has this absolutely impenetrable facade. He’s Zinedine Zidane.
Every time we met him, there was some other family member with him, and they’re all bigger than him. When he’s off the pitch, he’s not as big as he seems when he’s on the field. It’s incredible what happens to his physiognomy and physicality when he’s playing.
He was won over because during the first meeting we had with him, we said, "We want to work with you because, looking back over the past few generations, you represent something more than just another football star, something deeper than [Diego] Maradona or more complex than [David] Beckham." We had reedited some footage of [Manuel dos Santos] Garrincha, the old South American player, from a beautiful film [Garrincha, Joy of the People, directed by cinema novo pioneer Joaquim Pedro de Andrade] shot in the early ’60s. I think the fact that we’d chosen Garrincha and not Pele or Maradona, for example, really struck a chord with [Zidane].
SFBG What you’re saying goes back to the fact that Zidane both triggers and reframes issues of race and nationalism because he’s so powerful as an athlete and individual.
DG Someone told me that in France during the recent election there was a lot of graffiti over campaign billboards for [Nicolas] Sarkozy and Ségolène Royale saying, "Zidane, Zidane." I wish someone had taken a fucking photograph for me, but I could probably restage it somewhere.
Sometimes I think it even comes down to the Z. There’s something about it, like the mark of Zorro.
SFBG What have you thought about the art world response to Zidane?
DG We’ve spoken to a lot of people about sports, and about cinema. People have had a tendency to forget that Philippe and I used to say that we’re trying to drag people from the white cube [of art spaces] to the black box and from the black box to the white cube.
We didn’t lose sight of this, but it got lost along the way that Philippe and I knew [that] by choosing a subject or model like Zidane, we had the opportunity to really mix things up in terms of the audience. Kids could, in years to come, in turn take their kids to see it at the National Gallery in Scotland or the National Museum of Modern Art in Paris. For kids who have the DVD, that can work the same way that it does when kids who maybe have a postcard of a painting can see the real thing they’ll have an affiliation with it.
SFBG How does the installation version of Zidane differ from the cinematic presentation?
DG It’s two projections the cinematic one, plus one of the cameras. It seems like a glib deconstruction, but when you see it, it’s a different experience, much more demanding. It’s almost a forensic detail of how we made [it]; if you troll around to 17 different museums all over the world, you’ll see there are 17 different points of view.
Of course, when the one camera is the camera used in the cinematic version, you get this bifocal effect.
SFBG For you to have mentioned Bresson earlier while discussing Zidane is interesting, because the setting and subject matter are not what one would connect to Bresson. Usually when film directors mention him, their work is stylistically aping or imitating him.
DG The cinematography of [1966’s Au Hasard] Balthazar was influential. But more so, there’s a book Philippe sent to me [Bresson’s Notes on the Cinematographer, most recently published in English by Green Integer] that had an impact, in the way he talks about the difference between the model and the actor. This was really clear to us when we were trying to speak about Zidane. People would say he’s an actor, and we’d say, "No, he’s not, he’s a model." He’s not playing a role. He’s doing his job, but with the awareness of being looked at, and that’s very different from the way the actor performs. Some of what Bresson says in his notes almost could have been written specifically for the Zidane film. It’s nice to quote Bresson, because he’s so unfashionable.
SFBG And so great! Some of the best current movie directors also produce work for art spaces. You’ve given a lot of thought to the specificity of DVDs and cinemas and gallery or museum installations, so I wanted to ask you about those distinctions.
DG One of the things that Philippe and I were constantly asked [at Zidane‘s film premiere] was "Were you excited to be working in the cinema?" We weren’t more excited than we would be [working] anywhere else. If there’s anything that would identify a certain practice of our generation of artists, it is that most of us are working with the exhibition as a format, and the context informs the format while the format interferes with the context. A lot of people don’t get that at all. I’m not trying to blow an intellectual trumpet here, but there is a certain amount of practice necessary to understand that. This is why when someone like David Lynch tries to move out of the cinema or TV screen into the gallery, it doesn’t work sometimes. The filmmaker might not do enough with the gallery or the museum. *
ZIDANE: A 21ST CENTURY PORTRAIT
Thurs/17Sun/19, 7 p.m.; Sun/20, 2 and 7 p.m. (all screenings sold out except for Sun/20, 2 p.m.)
Now that the wave of Asian horror films (and subsequent American remakes) seems to have crashed under the weight of too many spooky kids and ladies with long, wet hair, are Asian gangster flicks the new hotness? Practically everyone in the United States has now seen a Hong Kong cops ‘n’ robbers thriller or at least a film once removed from such, thanks to Martin Scorsese and his Best Picturewinning Infernal Affairs remake. But while The Departed pilfered from director Andrew Lau (this fall look for his English-language debut, the Richard Gerestarring crime drama The Flock), HK’s most exciting director, Johnnie To, remains largely unknown stateside.
For now, that is: with films such as 1999’s The Mission and 2001’s Fulltime Killer, To earned notice among genre buffs. Last year’s Exiled screened at the 2007 San Francisco International Asian American Film Festival and is due for local theatrical release this summer; I think it’s the film poised to earn To a fan base beyond the cinema-geek crowd. But until Exiled emerges, there’s Triad Election, a.k.a. Election 2, which offers enough stylish direction and underworld shenanigans to tide over the To faithful and maybe snare a few new devotees along the way.
Haven’t watched the first Election? Me neither, so rest assured that you don’t need to have seen it to follow Election 2. HK’s oldest triad, Wo Sing, puts the organized in organized crime, holding elections for chairperson every two years. Current boss Lok (Simon Yam) doesn’t want to step down, especially for front-runner Jimmy (Louis Koo), whose lucrative ventures in mainland China have left him yearning to leave HK’s crime biz behind. Trouble is, the crooked higher-ups in China won’t let Jimmy continue his dealings unless he becomes head of his mob family; they see his cooperation as an asset they can exploit to everyone’s advantage. So the race is on, and it’s way dirtier than anything Karl Rove could dream up. Campaign strategies include kidnapping, double-crossing, limb severing, and putting assorted hired killers on the payroll.
To aligns the viewer’s sympathies with Jimmy, but he’s as morally ambiguous as they come, as movie mobsters tend to be. And on that note, a few delicious torture scenes aside, there’s not a lot going on here that hasn’t appeared in gangster dramas past. But even if its themes are familiar, Triad Election does feature one particularly unusual element: no gun battles whatsoever. Exiled is as bullet-riddled as the films of John Woo’s late-’80s prime, but Election‘s characters dole out their punishments with an array of blades.
It’s actually appropriate, since you really have to get right up on someone to stab ’em good. This visceral, intimate choice raises the stakes of Election‘s all-in-the-family violence. Keep your friends close and your enemies closer indeed. *
TECHSPLOITATION Imagine a world where your genome isn’t just the result of long-term natural selection and random mutation. Instead, its composition and expression actually mean something not just about you, but also about the fate of the world.
No, I’m not talking about a genetic engineer’s utopia with humans made by design. I’m talking about the driving fantasy behind hit TV show Heroes, now heading into the homestretch of its first season on NBC. I was a doubter when I first started watching this X-Men homage, which is full of ordinary people who suddenly start manifesting mutant powers (flying, telekinesis, superhearing, time travel) due to some genetic whatsit. Created by Tim Kring, best known for the medical melodrama Crossing Jordan, the show was uneven and slow for the first handful of episodes. We got the boring origin story of each hero and learned that they all have a genetic destiny via an irritating voice-over from the nonsuperpowered (so far) Dr. Suresh, who studies these "special" people to find out what makes them tick.
But then things got interesting. Unlike the mutants of X-Men, none of the special people in Heroes has a visible mutation that makes him or her look strange there are no giant blue cat professors or women made of pure diamond. Instead, there are, among others, a flying politician, a superhealing cheerleader, a time-traveling Japanese comic book otaku, a comic book artist who can paint the future, a psychic police officer, and a villain who absorbs mutant powers by extracting and possibly eating the brains of heroes. The plot is typical comic book fare: our future-painting artist has predicted that New York will be blown up by one of the heroes, eventually resulting in the election of the corrupt flying politician as president. Somehow, these events will destroy the world. The time-traveling otaku‘s future self warns his past self that the fate of the cheerleader is bound up with all this by using the show’s cult tagline, "Save the cheerleader, save the world."
I’ve gone from being a skeptical watcher to a rabid fan of this show for two reasons: one, the hero team that forms around the wacky time travel plot manages to capture what’s so seductive about comic books generally; and two, I think the TV show is an interesting fantasy about terrorism.
So: the seductions of the comic book. One of the benefits of comic books over, say, movies is that they last for decades and thus have plenty of time to evolve complicated relationships between characters whose powers are foils for their personal vulnerabilities. A superhero team is like a cast of characters in a speculative soap opera they have bang-pow adventures, but the best writers and artists in the medium force them to grapple with the human cost of being a hero. The Hulk is a good example: over the years Bruce Banner and his green alter ego have fought, gone to therapy to reconcile their warring impulses, joined and then been expelled from superhero teams that couldn’t trust the Hulk, and generally played out the drama of what it means to be a high-functioning manic-depressive.
Heroes offers us the bizarro soap opera pleasures of comic books and at the same time sets up the collective power of the heroes as a foil for the problems of the world. There are no terrorists in Heroes only heroes whose powers go wrong and destroy New York in the process. In other words, the only menace to the United States is its own citizens. In the show’s fantasy reenactment of 9/11, the al-Qaeda bombers are recast as misunderstood heroes who are hunted by shady pseudogovernment agencies and go mad, or as power-hungry politicians who see destruction as the best route to power. I’m intrigued by the implication, in this season’s plot arc, that the destruction of New York is a deliberate effort to ruin the world on the part of US politicians and businessmen. There’s a strong dose of social criticism in that simple idea. Our heroes aren’t trying to stop terrorists from outside the country they’re trying to stop forces working on the inside.
Sure, you can watch Heroes just for the bang-pow, and I definitely recommend it for that. At its best the show is action packed and edge-of-your-seat thrilling. But it’s also, like great comic books, about the real world. Best of all, it’s about fixing the real world and making it safe for geeks, cheerleaders, and regular people. *
Annalee Newitz is a surly media nerd who thinks the Planet Hulk story line should be the basis for the next Hulk movie.