Elections

The real Leland Yee

53

tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Will progressives prevail at DCCC? — UPDATED

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UPDATE: The DCCC endorsed Ross Mirkarimi for sheriff; John Avalos in first place for mayor and Dennis Herrera in second place; and David Onek in first place for DA and Sharmin Bock in second place.

There’s been a flurry of negotiations, backroom deal-making, and wild conspiracy theories leading up to tonight’s (Wed/17) San Francisco Democratic County Central Committee meeting, where the big item on the agenda is endorsements for this fall’s citywide elections, endorsements that are among the most influential in this one-party town.

Depending on one’s definition of the label, progressives still hold a majority of seats on the 32-member elected body, so solidly progressive candidates Ross Mirkarimi, who is running for sheriff, and John Avalos, who is running for mayor, have a decided advantage going into the vote.

Nothing is certain given the crowded fields in both races, although we’re hearing Mirkarimi getting the first place – and probably the only – endorsement in that race is the only prediction those involved are willing to make. Everything else is up in the air.

“How it goes down, only tonight will tell,” DCCC Chair Aaron Peskin told us. “Anything can happen. It is real democracy, with a lowercase D.”

We’ve spoken to other current and former DCCC members on background and gotten a sense of how things are shaping up, although new plays have been popping up all the time. Avalos seems to be close to the 17 votes that he needs to get the endorsement, with the second largest block of votes being supporters of Dennis Herrera, including savvy and influential players such as Carole Migden who will try to leverage at least a second place endorsement for him.

Mayor Ed Lee also has some support on the DCCC, probably not enough to get on the slate without some serious deal-cutting, but maybe enough to gum up the works and threaten to prevent a mayoral endorsement and neutralize the DCCC. Leland Yee also has some support, but it would still be a surprise if he or Lee ends up on the slate, even in third place.

In the District Attorney’s race, it seems to be coming down to a contest between David Onek and Sharmin Bock, who has gained significant ground on the committee in the last couple months to pull almost even with Onek, although neither appears to have the 17 votes they need (or 16 is someone abstains). While the very few George Gascon and Bill Fazio supporters on the DCCC may try to make mischief and deny anyone the DA’s endorsement, a more likely scenario is the Onek and Bock camps will cut a deal to give them the endorsements, probably with Onek first and Bock second.

DCCC rules don’t allow for dual endorsements – they must be ranked – it’s also possible that in either the DA or mayor’s races that there will be a movement to postpone the vote and change that rule to allow a dual endorsement. But again, things are still in such flux that anything can happen, so stop by the 6 pm meeting in the basement of the state building at 455 Golden Gate Avenue, if you’re into that sort of thing.

Editor’s Notes

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tredmond@sfbg.com

August is a bad time to split town. When I left for vacation a couple of weeks ago, Ed Lee was just starting to act like a candidate in a slow-developing mayor’s race. Nobody except my lunatic pal h. brown had any inkling that Public Defender Jeff Adachi would jump into the Room 200 sweepstakes at the last minute. And the Giants were three games up.

Now Lee is the clear front-runner, Adachi — a guy who defends criminals for a living — is the darling of a some anti-government conservatives, there are Avalos signs all over the Mission, and nobody knows exactly how to figure this all out.

Oh, and Arizona — which I hate (yeah, I hate the entire state, including the governor, the baseball team and the newspaper chain that’s based there) — is leading the National League West.

Welcome home, I guess.

The first thing I want to say about the mayor’s race is that none of this would be possible without ranked-choice voting and public financing. Think about it: Five serious Asian candidates, two of them leading in the polls and at least three of them real contenders — and nobody’s complaining that Adachi or Lee will “split” the Asian vote. If anything, several strong Asian candidates help each other; the supporters of Ed Lee and Leland Yee may be trashing the opposition day and night, but in the end, a lot of Chinese voters will probably still rank the incumbent mayor and the man who’s been elected citywide four times as two of their three choices.

And without public financing, the race would be dominated by one or two contenders — the ones who could privately raise $1 million or more to stay in the game. Instead, we have at least four and perhaps as many as five or six candidates who have a real chance of finishing on top. Already, the Chron and the Ex are complaining about the cost of public financing; the cost of closed elections where only those with big-business connections could win was much, much higher.

The other factor that will make this fascinating is that Lee’s job just got much, much harder. He’s not the amiable technocrat who comes to work early and gets the job done anymore; now he’s an ambitious pol who has never had to stand up to the heat of a tough campaign. He’s going to have to be a candidate, and campaign, and answer some hard questions about some of his political allies and supporters. That’s not the gig he wanted in February. And I don’t know how well he’s going to handle it.

Fall ballot gets stripped of progressive measures

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The San Francisco Tenants Union suffered a pair of disappointing setbacks in the last week – first when a referendum on the Parkmerced project narrowly failed to qualify for the fall ballot, then when progressive supervisors withdrew a proposed ballot measure to prevent demolition of existing rental housing – leaving the fall ballot without any progressive measures (unless one counts the sales tax measure that was unanimously approved this week by the Board of Supervisors).

Also dropped from the ballot this week was another progressive measure that would have prevented the Recreation and Park Department from entering into new commercial leases of parks and recreation centers, a measure written by the citizens group Take Back Our Parks to reverse RPD’s recent push to monetize more of its assets.

Yet unlike last week’s removal of a third measure placed on the ballot by at least four progressive supervisors – the Fair Shelter Initiative, written by the Coalition on Homelessness, which was unhappy that Sup. Jane Kim dropped her support under pressure from the Mayor’s Office – it was the sponsoring groups that asked the supervisors to remove the two measures this week.

Sponsors of the parks measure say it had some legal problems that would have complicated the campaign, particularly after an analysis by the City Attorney’s Office concluded that it could affect things like private party reservations and leases associated with the America’s Cup.

Ted Gullicksen of the San Francisco Tenants Union said his group concluded there were legal problems with the anti-demolition measure as well and that it wouldn’t affect the demolition of 1,500 housing units associated with the Board of Supervisors’ 6-5 vote to approve the massive Parkmerced project, which was the catalyst for the measure.

SFTU sponsored the signature-gathering campaign to do a referendum on that vote, but the Elections Department concluded on July 29 that of the 18,487 signatures that were turned in, just 12,917 were valid, falling short of the 14,336 they needed. Gullicksen said delays in qualifying the 56-page petition gave them just three weeks to gather signatures, and a freak mid-June rainstorm hurt that effort as well.

“We knew from the get-go that it was going to be a challenge,” he said. “It was very disappointing that we fell just short.”

But he said there was a silver lining: “It sent a message to the supervisors. David Chiu [the swing vote on the Parkmerced approval] called me the next day to say he’d make sure demolitions don’t become an epidemic.”

Sup. David Campos – who helped sponsor all three measures and even kept his name on the shelter measure after Sups. Eric Mar and Kim had removed theirs – told us, “I think it’s disappointing that there isn’t a measure on the ballot to excite the progressive base, but at the end of the day, we do have an exciting mayor’s race and races for sheriff and district attorney.”

Campos has endorsed John Avalos of mayor and Ross Mirkarimi for sheriff, but has not yet made an endorsement for DA.

Ethics Commission to discuss Progress for All

San Francisco Chronicle reporter John Cote’s scoop highlighting how Recology executives were working behind the scenes under pressure from Chinatown power broker Rose Pak to encourage Mayor Ed Lee to seek a full term is just the latest development for a committee that’s raised eyebrows already, and it may be just the beginning.

Five mayoral candidates — board President David Chiu, City Attorney Dennis Herrera, state Sen. Leland Yee, former Supervisor Michela Alioto-Pier, and businesswoman Joanna Rees — have teamed up to encourage the San Francisco Ethics Commission to investigate whether Progress for All has run afoul of local election laws, rallying behind an effort spearheaded by Democratic County Central Committee Chair Aaron Peskin in a July 28 letter to commissioners.

At the heart of the issue is whether Lee or any of his representatives have been coordinating with agents of Progress for All. If they are, Progress for All would have to be considered Lee’s own, candidate-controlled committee, Peskin asserts in the letter.

“Given the close relationship between Ms. Pak, the Mayor, and Progress for All, it is very possible that the committee has ‘consulted’ or ‘coordinated’ with the Mayor, and therefore its expenditures should be deemed to be made ‘at his behest,'” Peskin’s letter to the Ethics Commission argues. A City Hall insider told the Guardian that Pak — a primary driver behind the Run, Ed, Run campaign — is regularly observed going to and from the mayor’s office.

“If Progress for All or any of these other committees has been acting on Mayor Lee’s behalf, those committees may have violated the $500 contribution limit and prohibitions against accepting corporate, union or city contractor money, restrictions that apply to all candidate committees,” the letter states.

Financial disclosure filings for committees fundraising for the Nov. 8 election are due Monday.

Aside from the question of whether there is coordination between Lee, who has not yet announced that he will run for mayor, and Progress for All, concerns have been raised about city contractors aiding in the efforts of the campaign. Under the city’s Campaign Finance Reform Ordinance, contractors doing business with the city are not allowed to make political contributions.

(Given the revelations that Recology executives’ signature gathering efforts were done in violation of company policy, it’s no wonder Recology executives become bashful when approached by reporters who ask tough questions.)

Meanwhile, Recology might not be the only city contractor that Pak has encouraged to support Run, Ed, Run. A column that former Mayor Willie Brown published recently in the San Francisco Chronicle suggests that this isn’t the first conversation of this kind.

“One thing you can say about Chinatown powerhouse Rose Pak, she is not shy,” Brown’s column begins. “Holding court at the party for the opening of the new airport terminal, Rose was seated at the table with interim Mayor Ed Lee and his wife, Anita, and a host of other local officials. ‘I want every one of you to call his office and tell him he should run for mayor,’ Rose told the table. ‘And do it right away so that there’s no misunderstanding.’ Then she turned to the architect David Gensler. ‘Didn’t you do this terminal?’ she asked. ‘Yes,’ he said. ‘Didn’t you remodel this terminal before?’ ‘Yes,’ he said. ‘Then your firm should raise a million dollars for his election campaign.'”

While Brown may not be a visible player in the Run, Ed, Run campaign, he’s certainly been at the table with a key driver behind it and Lee himself — and he’s using his platform in the Chronicle to get the word out about Lee’s potential mayoral campaign.

“The specific revelations of unethical and possibly illegal activity are very troubling and need to be fully investigated by the Ethics Commission as soon as possible,” Chiu told the Guardian.

Political consultant Jim Stearns, whose firm is managing Sen. Yee’s mayoral campaign, joined the chorus in calling for an investigation. “If you think about the fact that these guys still, according to press reports, are eating together once a week, and there’s not supposed to be any coordination … You have this committee that is essentially operating in complete disregard of the campaign law,” he said. “It’s sort of like there’s a crime being committed, and where’s the police?”

The San Francisco Ethics Commission will hold a policy discussion about how to treat Progress for All at its Aug. 8 meeting, Ethics director John St. Croix told the Guardian.

“We’ve told the committee that we believe they’re a primarily form committee, which is an independent expenditure committee on behalf of a candidate for office or a ballot measure,” St. Croix explained. “They’re claiming that there’s no candidate, so they can’t be that committee, even though they’re acting pretty much exactly like one would.”

As things stand, Progress for All has filed as a general purpose committee, he added. “A general purpose committee is what you would think of as a [political action committee]. They usually represent an organization or elected group of individuals, they tend to exist for a long period of time, and they contribute to multiple campaigns, whereas a primarily formed committee is created to support or oppose a single candidate or a single ballot measure in a single election,” he explained. Another key distinction: “Independent expenditure committees don’t have contribution limits the way that candidate committees do. Candidate committees have a $500-per-contributor contribution limit.”

Peskin, meanwhile, hinted that there may be more to come. “There’s a lot of it,” he said, “and I think there are many people who have stories to tell.”

Civil Grand Jury: Parkmerced tenant protections ‘just talk’

The Board of Supervisor’s Government Audit & Oversight Committee heard from members of the San Francisco Civil Grand Jury this morning about a report it issued on the Parkmerced redevelopment.

“When you read this report, nowhere in this report does it say, ‘do not develop,'” said Michael Golrick, a juror with the civil grand jury. Yet he noted that the primary concern highlighted in the document was a perceived lack of tenant protections for residents living in rent-controlled units.

The assurances in the development agreement — that tenants will be moved into new units after their  existing units are demolished, with the same rent-control protections they had before — can’t be guaranteed due to unresolved legal questions, he said. “It is aspirational and inconclusive. Tenants will live under a cloud of uncertainty, possibly for years.” He added, “Until a court decides, it’s all just talk.”

Jennifer Matz of the Office of Economic and Workforce Development and John Rahaim, director of the San Francisco Planning Commission, both noted that the Civil Grand Jury report was hitting on a legal issue, so the city’s formal responses will be prepared in concert with City Attorney Dennis Herrera’s office.

Matz also noted that the draft of the Development Agreement which the Civil Grand Jury had based its assessment on had changed since the Civil Grand Jury report was issued, with new provisions to shore up tenant protections. She also charged that the report “fails to understand certain aspects of the Development Agreement.”

Meanwhile, residents organized under the Parkmerced Action Coalition are still hoping they may have a chance to reverse the Board’s decision to approve the Parkmerced overhaul by placing a referendum on the Nov. 8 ballot to ask voters whether the zoning for the project should be approved. The group of tenants, organized under the “Committee to Stop Mass Demolition of Housing,” submitted 18,487 signatures on July 8. The Department of Elections is still verifying them and so far, the referendum has not yet qualified for the ballot.

Taking out the trash

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sarah@sfbg.com

A controversial city waste disposal contract appeared primed for final approval by the Board of Supervisors on July 26 (after Guardian press time) — despite being challenged by a lawsuit and initiative campaign — after two progressive supervisors rescinded their initial vote in a July 20 committee hearing and supported awarding the contract to Recology.

City staff had recommended awarding the 10-year, $112-million landfill disposal and facilitation agreement to Recology (formerly NorCal Waste Systems, Inc.), which has grown from a locally based company to the 10th largest waste management firm in the US, with $652 million in annual revenue, according to Waste Age magazine.

If the full board follows the unanimous recommendation of its Budget & Finance Committee, the vote will authorize Recology to transport and dispose up to 5 million tons of the city’s solid waste at the company’s Ostrom Road landfill in Wheatland, Yuba County. The contract will take effect when San Francisco’s disposal agreement at Waste Management Inc.’s Altamont landfill in Livermore expires — estimated to occur in 2015.

The deal will cement Recology’s control, at least for a 10-year period, over all aspects of the city’s solid waste stream, at a cost of about $225 million per year, even as the company faces significant challenges, many related to the city’s 1932 refuse collection and disposal ordinance.

That law, approved during the Great Depression to prevent conflict between competing garbage haulers, has resulted in Recology’s exercising complete control over trash collection and transportation in San Francisco, without having to bid on those contracts or pay the city franchise fees.

During the negotiations over the city’s next landfill contract — the only aspect of San Francisco’s waste stream put out to bid — this 79-year-old law was invoked to explain why Recology has the sole authority to transport trash and compostables to Wheatland, which is 130 miles from San Francisco.

The move also comes as Yuba County is contemplating significantly increasing dumping fees at the landfill — from $4.40 per ton to $20 or $30 per ton — a hike that could erase the $100 million that the Department of the Environment (DoE) claims the Recology deal would save over a competing bid by Waste Management Inc. WM is the largest waste firm in the U.S., according to Waste Age, with about $12.5 billion in annual revenues.

On July 18, WM filed a lawsuit in San Francisco Superior Court to prevent the city from approving the agreements with Recology on the grounds that they violate the city’s competitive bid laws.

“The Department of the Environment inappropriately and unlawfully expanded the scope of its 2009 ‘request for proposal for landfill disposal capacity’ and, therefore, violated the city’s competitive procurement laws,” WM alleges in the suit.

WM has long held that DoE inappropriately issued a tentative contract award for both the transportation and disposal of solid waste to Recology without soliciting any other transportation bids. But DoE, which gleans $7 million annually (to operate recycling, green building, and environmental justice programs and long-term planning for waste disposal) from rates that Recology’s customers pay, ruled last year that WM’s objections are “without merit.”

Now WM is asking the court to require DoE to scrap its award to Recology and issue a new request for proposals to comply with competitive bidding requirements.

“There is ample time for the department to issue a new RFP,” WM stated July 18, noting that there is plenty of room at its Altamont landfill to accommodate the city’s waste after the contract expires.

That same week, a coalition led by retired Judge Quentin Kopp, community activist Tony Kelly, and Waste Solutions CEO David Gavrich announced that it had submitted enough signatures to qualify an initiative on the June 2012 ballot requiring competitive bidding and franchise fees from any company that seeks to win any aspect of the city’s solid waste business.

Kelly says his group was unable to collect enough signatures in time for the November election because Recology hired the city’s two biggest signature-gathering firms to circulate what he calls a “phony petition” in support of Recology’s performance in San Francisco. And signature gatherers say they were harassed by Recology boosters while trying to petition citywide.

“But I believe the question of whether candidates support competitive bidding will continue to be a defining issue this fall,” Kelly said.

The board’s decision on the landfill agreements has already been delayed several months, following a February 2011 Budget and Legislative Analyst report recommending that the board consider submitting a proposition to the voters to repeal the 1932 refuse ordinance so that future collection and transportation services be put to bid. The report also recommended that future residential and commercial refuse collection rates be subject to board approval.

But with two progressive supervisors running in citywide elections this fall, and with Recology exerting massive pressure on elected officials, the Kelly coalition could not find four supervisors to place such a charter amendment on the November ballot, forcing them to launch their own initiative.

And at the July 20 meeting of the board’s Budget and Finance Committee, Sup. Ross Mirkarimi, who is running for sheriff, and Sup. Jane Kim rescinded their initial decision to send the agreements to the full Board without recommendation. Instead, after the committee had moved on to other business, they joined Chair Carmen Chu, one of the most conservative supervisors, in forwarding the Recology agreements to the full board with unanimous support.

Mirkarimi interrupted the committee’s next discussion to rescind the landfill vote. “I think there was some misunderstanding a little bit in wrapping up the landfill agreements with Recology, ” Mirkarimi said. He said that he asked for the vote to be rescinded, “so we can accurately reflect some of the sentiments being articulated here. I think we just learned some things on the fly.”

In many respects, the switch by Kim and Mirkarimi made sense: prior to their initial vote, they made positive statements about the proposed agreements, but also stated an interest in exploring the appropriateness of the city’s 1932 law.

“Overall, I think this was a good contract,” Kim said. But she noted that, thanks to the 1932 ordinance, the city doesn’t get franchise fees. And she claimed that it only gets half of what other Bay Area cities get from their waste contractors. “So, I’m really interested in continuing that conversation, but I think it’s a separate conversation,” she said.

Mirkarimi said it was his concerns that led the committee to “put a pause” on the Recology agreements until it could “undertake more homework.” He also noted that his office “held a number of meetings” and he tried to “leverage this opportunity to reanimate activity at the Port.”

“I was hoping that we might be able to arrive at something much more deliverable,” Mirkarimi said, presumably referring to the fact that these efforts resulted in DoE unveiling an amendment to include two “possible changes” to operations and facilities at the Port of San Francisco in the agreements.

These changes involve utilizing other modes of transportation, including barges, as alternatives to the rail-haul plan proposed in the agreement. They also call for developing new facilities at the Port for handling waste, recyclables, organics, and other refuse. The cost of such alternatives would be passed onto the rate payers.

“I think that, cost-effectively, we may be able to insert the Port into this equation, but it’s not ready for prime-time yet,” Mirkarimi said. He concluded by saying that Recology has been innovative in reducing the city’s waste stream.

“This should be a front-burner conversation,” Mirkarimi said, noting that former Mayor Gavin Newsom focused on making San Francisco “the greenest city” in the United States. He added that San Francisco claims to have a 77 percent diversion rate, the highest in the U.S., and said, “That comes at a cost, it doesn’t come for free.”

After the meeting, DoE deputy director David Assmann said that the City Attorney’s Office is reviewing WM’s filing. “But it’s too soon to comment,” Assmann said.

He also claimed that, thanks to the 1932 ordinance, “there was no practical way” for another company to transport San Francisco’s waste to its designated landfill, “other than building a second transfer station outside the city.”

But Kelly continued to express concerns that the agreements are not competitive, and that the city lacks a contract and ensuing franchise fees. “They are running this as if it’s still the 1950s,” he said.

Kelly claimed that Recology Vice President John Legnitto, who is the 2011 chair of the SF Chamber of Commerce’s Board of Directors, recently told him that Recology has been in negotiations with City Hall around a $4 million franchise fee, but that the money would now be spent opposing Kelly’s competitive bidding initiative.

Will Kopp’s competitive bidding initiative derail Recology’s train to Yuba?

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Sponsors of an initiative to require competitive bidding on all aspects of the city’s multi-million-dollar garbage services say they plan to deliver their initiative petitions to the Department of Elections this afternoon. The petitions contain 12,000 signatures, far more than the 7,000-8,000 required, effectively signalling that, even after the city weeds out non-valid signatures, the initiative will qualify for the June 2012 election.

The move threatens to give the Board a political migraine, since the Board is set to vote July 26 on a Department of Environment resolution to expand Recology (formerly Norcal Waste System, Inc)’s monopoly on San Francisco’s garbage and recycling services.

In fact, the DoE resolution contains two separate agreements: a $112 million long-term landfill disposal agreement that was competitively bid, and a facilitation agreement that governs how waste is transported to the landfill and that was not competitively bid. As such, the city’s facilitation agreement is already the subject of a lawsuit that Waste Management Inc. filed in San Francisco Superior Court last week.

Sponsors of the competitive bidding ordinance, which include retired judge Quentin Kopp, community activist Tony Kelly and Waste Solutions CEO David Gavrich,believe the Board should delay voting on the landfill disposal and facilititation agreements until next summer, after voters have had a chance to weigh in on the bigger question of whether folks want competitive bidding on all the city’s garbage-related services, which are worth a quarter of a billion, each year. “

“It would be disrespectful to voters to accept a resolution while an initiative is pending,” Kopp stated.

“It would make sense if they severe the landfill disposal and facilitation agreements into two files,” Kelly added, referring to how the two separate agreements are currently lumped into one item on the Board’s July 26 agenda, under the section titled “recommendations of the Budget and Finance sub-committee.”

How the deal got filed in the B&F sub-committee’s recommended section is another story unto itself: Last Wednesday, after Sups. Ross Mirkarimi and Jane Kim, who sit on the Board’s Budget and Finance sub-committee, voted to send the deal to the Board with no recommendation, (a vote that suggested that they had some concerns with the deal) and after members of the public who came to testify about the item had left,  Mirkarimi asked to rescind the landfill vote.

“I think there was some misunderstanding a little bit in wrapping up the landfill agreements with Recology, “ Mirkarimi said, as he asked for the vote to be rescinded, “so we can accurately reflect some of the sentiments being articulated here.”
“I think we just learned some things on the fly,” Mirkarimi stated, as he and Kim joined committee chair Sup. Carmen Chu, one of the Board’s more conservative members, in sending the deal to the full Board “with recommendation.”

The Guardian learned of the vote switcheroo, after the DoE, which is apparently anxious to see the Recology agreements move forward, contacted us to say that our blog post about the Budget and Finance sub-committee, incorrectly stated that Mirkarimi and Kim had not given the deal their unmitigated thumbs-up. (The Guardian has since amended its blog post to accurately reflect what happened at the meeting, after this reporter and most members of the public, except the Chamber of Commerce’s Jim Lazarus, who supports the Recology agreements, had left the Board’s Chambers.)

Asked about the last-minute move to amend the vote Kelly said, “It was Ross at his Rossest.”

And in many ways, Mirkarimi’s move to rescind made sense: neither he nor Kim had registered any problems with the landfill disposal and facilitation agreements during the committee hearing, though a number of seemingly valid concerns were raised, including the observation by Yuba County supervisor Roger Abe that Yuba County is considering raising its host fees at Recology’’s Ostrom Road landfill in Wheatland from $4.40 a ton to $20- $30 a ton. If Yuba County does raise itsw fees, the move could wipe out the estimated $100 million in savings that DoE claims Recology’s proposal represents for San Francisco ratepayers. According to Abe, Yuba’s fees have not been raised for 14 years, and his county, which is one of the poorest in California, could use the additional income, especially if it is going to see its local landfill fill up faster than anticipated, thanks to San Francisco sending up to 5 million tons of trash over a 10-year period.

To be fair, Mirkarimi did warn that it would be unwise to dismiss Yuba County’s concerns , but he countered that any county can raise its fees. And DoE suggested that it was unlikely that Yuba County can raise its fees excessively, because those same fees would have to be paid by the other municipalities that use the Ostrom ROad dump, most of which are small towns that can’t afford to pay as much as relatively prosperous Bay Area cities like San Francicso.

Instead, Mirkarimi and Kim reserved most of their concerns for the bigger question of whether San Francisco ratepayers are best served by the city’s continuing lack of competitive bidding and franchise fee requirements on San Francisco’s remaining $225-million-a-year garbage collection related services–concerns that seem to bring us back full circle to Kopp and Kelly’s competitive bidding ordinance, which they had hoped to qualifty for

Asked how many supervisors he thought will stand up tomorrow and dig into the details of the DoE agreements and how they contradict with the requirements of the Kopp-Kelly-Gavrich competing bidding initiative, Kelly said, “Two.”

If so, that’s not likely to derail Recology’s train to Yuba, especially given that Mayor Ed Lee, who holds veto power over any item that less than eight supervisors support or oppose, told the Guardian in February that he believes Recology had earned its privilege.

But so far the City Attorney’s Office is remaining mum about the potential impact of WM’s lawsuit on Recology’s train to Yuba County, a silence that will give the Board the political cover they apparently so desperately need, if they vote tomorrow to haul San Francisco’s trash to Yuba County by rail, an arrangement that won’t start until after the city’s current contract at Waste Management’s Altamont landfill expires, something that is not anticipated to happen until 2015, based on the city’s current diversion rates.

 

Dick Meister: Workers gaining in fight for union rights

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This year marks the 76th anniversary of the National Labor Relations Act, the Depression-era law that was essential in building an American middle class – and which remains essential to the well-being of all working Americans. 

But you know what? Powerful corporate interests and their Republican buddies in Congress are nevertheless trying mightily to cripple what has so long been one of the most important U.S. laws of any kind.

Their main target currently is the National Labor Relations Board – the NLRB –which administers the National Labor Relations Act and takes seriously the act’s stated purpose of encouraging collective bargaining between workers and their employers.

The five-member labor board did very little to carry out its task of encouraging unionization during the notoriously anti-union Bush administration. But under President Obama, the NLRB has been doing its job – or has been trying to do its job — in the face of stiff Republican opposition.

The Republican opponents claim – what else? – that under Obama, the NLRB has become a tool of organized labor, Big Labor, as they like to call it.

It’s impossible to take those charges seriously. The labor board obviously has not been acting as an agent of unions, big or small. It’s merely been enforcing the law. But that, of course, means anti-labor forces no longer have the firm cooperation of the NLRB in their attempts to weaken unions as much as possible. They no longer have an ally in the White House. Bush is gone.

Imagine that. The National Labor Relations Board is actually doing what the law says it should do. And unions are actually getting a more or less even break vis-à-vis the corporate interests with whom they collectively bargain – or with whom they try to bargain.

What’s really got the anti-labor crowd sputtering lately is a ruling by the NLRB’s acting general counsel, Lafe Solomon,  against the Boeing Aircraft Company. Boeing was charged with breaking the labor law by moving a major assembly line from a unionized plant in Washington State to South Carolina, a notably anti-union state, in response to a machinist strike at the Washington plant. 

Moving the assembly line was done in violation of a provision in the National Labor Relations Act that bans companies from punishing striking unions by withholding or transferring jobs. Thus, said the NLRB’s Solomon, the assembly line should be moved back to Washington State.

Oh, boy, those union-hating Republicans in Congress didn’t like that at all. They threatened to defund the NLRB if it doesn’t withdraw its order to Boeing, trotting out their usual tired response to just about anything done in favor of unions these days. You’ve undoubtedly heard it – thousands of  times, maybe. Yes, that’s right. A ruling in favor of labor and labor law would be . . . Ah, yes, a job killer. Sure.

GOP House members have actually introduced something called – really – “The Protecting Jobs From Government Interference  Act.” that would void the NLRB order against Boeing  and prohibit future such orders. The proposed law undoubtedly has the approval of the union-hating U.S. Chamber of Commerce, which has led the right-wing charge against the NLRB. It complains that the labor board is “out of control.”

Actually, the NLRB is out of control  – out of control of the right-wingers who had  their way throughout Bush’s two terms and are miffed that, unlike Bush, Obama doesn’t think their way is the only way to handle labor-management relations.

Much to the chagrin of the right-wingers, the labor board has come back strong under Obama. One of the board’s most important steps has been to develop rules to streamline the workplace elections that are held to determine if workers want to unionize. 

The board has cut short the pre-election periods that employers have used to harass workers into voting against unionization, approaching them individually and in mass meetings, frequently threatening to fire or otherwise penalize workers who vote for union representation. Obama’s NLRB also has cut back the time for management to appeal the outcome of a vote for unionization.

The changes, as one union attorney noted, are “common sense changes that drag labor law into the 21st century.” 

Common sense often doesn’t mean much to anti-labor Republicans. Sensible or not, they plunge onward on the anti-labor path that’s always been theirs. According to a count by Politico.com’s Joseph Williams, House Republicans have convened oversight hearings on the NLRB or summoned board members to Capitol Hill 14 times since the midterm elections to answer harassing questions and have threatened to severely cut the NLRB’s budget to “bring the board to heel.”

So, it’s still not easy for unions and workers who want to join unions, despite the progressive change in the NLRB’s attitude and operations. 

But the situation is looking much better since the change has come, since the law that promises American workers the right of unionization – and the important benefits that come from it – -is now being enforced by people who believe that their mission is not to hamper unions, but to encourage their growth for the benefit of all Americans.

 

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, dickmeister.com, which includes more than 350 of his columns.

 

Will politicians get veto power over the voters?

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Political interest groups of all stripes generally hold the “will of the voters” to be sacrosanct and not something that should be arbitrarily trifled with by mere politicians. Right or wrong, it’s commonly accepted that if voters do something, only they should be able to undo or modify it. And certainly, if that standard is going to be changed, someone ought to put forward a pretty damn good reason for doing so.

Which is why we and other City Hall watchers have been perplexed over these last few months as Sup. Scott Wiener has pushed a ballot measure that would give the Board of Supervisors the power to alter voter-approved measures after three years, which will go before the board tomorrow (Tues/19) for possible placement on the November ballot.

Aside for a general desire to clean up unspecified minor clutter from the city codes, Wiener hasn’t really offered much of a rationale for this big change, or said what laws he has in his sights. That’s caused groups on both the left and the right to view it with great suspicion, for good reason. It’s been amended many times to address the understandable panic about the bedrock principles that it could alter, changing its effective date and going back-and-forth on whether it should apply to voter-initiated measures, finally settling on restricting it to just measures introduced by the board or mayor and taking effect after January 2012.

But as indicated by comments Sup. Sean Elsbernd made at the Rules Committee hearing and with an editorial supporting Wiener’s measure in Friday’s San Francisco Chronicle (which is often a sign of funny business being cooked up downtown), at least some of the rationale is to overturn a trio of progressive fall ballot measures that they don’t like, even before voters have said whether they want them. And that’s not a good sign, no matter how you feel about those measures.

As much as we would all love to empower legislators to go after voter-approved measures that we don’t like – for example, our state would be in much better fiscal shape if the Democrat-controlled Legislature would tweak Prop. 13 – that’s just not how things are done in a democracy. And if undoing every significant progressive reform that voters have approved over the years was suddenly a possibility on any given Tuesday, Wiener will have seriously raised the stakes at City Hall.

With campaign finance laws under attack by conservative judges and rich corporations and individuals wielding ever more power over our elections, the prospect that decades worth of reforms would suddenly be on the table in each district supervisorial race is truly scary. And we’re going to open up this can of worms based simply on the small bureaucratic nips and tucks that Wiener is citing? That just doesn’t make sense. Yup, there’s definitely some funny business going on here.

Where does Gavin Newsom vote?

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Now that it’s pretty clear Gavin Newsom no longer has a residence in San Francisco, when is he going to change his voter registration? According to the San Francisco Department of Elections, there’s no statutory deadline; he can stay registered in San Francisco as long as he wants.

But he can’t vote here if he doesn’t live here — which means that if he wants to vote in the November election, he’s going to have to either (a) rent an apartment or buy another house in San Francisco that he can claim is his primary residence or (b) re-register as a resident of Marin County. As it is now, with no fixed place of abode in this city, he can’t come back and vote for the next mayor or sheriff or vote against the measure to change Care Not Cash. Because that would be voter fraud. And the lieutenant governor of California would never want to break the law.

Daly blasts HuffPo SF’s choice of bloggers

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In an open letter to Huffington Post former Sup. Chris Daly lays out why he thinks former Sup. Michela Alioto-Pier, mayoral candidate Joanna Rees and (perhaps not so interim) Mayor Ed Lee aren’t the best of choices to blog about San Francisco politics.

“Thank you for asking me to write for Huffington Post San Francisco,” Daly wrote. “However, I feel as if I must register a significant level of disappointment in who you rolled out today as your featured bloggers from the world of SF politics. It seems as if am the only one from San Francisco’s significant progressive elected political community.”

“Featuring Michela Alioto-Pier on the pages of Huffington Post only gives additional ammunition to those on the left who have become increasingly critical of Huffington Post since AOL’s acquisition,” Daly continued. “Alioto-Pier may seem kind of ‘liberal’ by skewed national standards, but she is decidedly conservative in San Francisco– opposing just about every progressive initiative in the last decade, from protecting rent control to checking reckless development to mitigating the negative influence of special interest money in elections. As an unabashed progressive, I was embarrassed to serve on the same Board as her and am now embarrassed to appear on the same web page with her bashing progressive homeless policy. Simply put, San Francisco’s very own Michele Bachmann now writes for the Huffington Post!”

Next, Daly laid into mayoral candidate Joanna Rees, Sup. Malia Cohen and Mayor Lee. “Rees, Cohen, and Lee may not have quite the same conservative credentials, but Lee and Cohen just green-lighted the largest demolition of rent controlled housing in SF history,” Daly observed. “So it probably shouldn’t surprise anyone that Ed Lee’s initial HuffPo blog is generally based on the Scott Walker political philosophy of blaming unions for current economic/budget woes, when the rest of us know that large corporations, financial institutions, and government deregulators are really to blame. While trying to make public sector workers pay to balance our budget, Lee has left Corporate San Francisco off the hook, with no progressive taxation proposal even on the table for consideration. Meanwhile, Rees can hardly veil her neo-liberal agenda for San Francisco government.”

Daly concluded by suggesting that HuffPo needs to  work harder to incorporate more truly progressive political voices. “If not, you’ll just become a rehash of SFGate, without their more significant rooting in our City,” he warns.

But he didn’t overtly mention HuffPo’s failure to pay its bloggers—a sore point that got a bunch of unpaid bloggers slapping HuffPo and aol.com with a $105 million class action suit earlier this year, after Arianna Huffington sold her website to aol.com for $315 million.

Asked if HuffPo was paying him for his posts, Daly replied, “Nope, I can’t recall ever getting paid for my writing.”

He also noted that Board President David Chiu, mayoral candidate and Sup. John Avalos and Rep. Nancy Pelosi have been invited to write for the online publication, though they don’t have any blog posts up yet. So stay tuned. 

In an emailed reply to Daly, HuffPo SF editor Carly Schwartz claimed that she “completely understands” the former bad-boy-on-the-Board’s concerns.

“But Huffington Post’s mission is to go ‘beyond left and right,’ and as such, we wanted to reflect a wide array of political philosophies in our blogger lineup. (As someone who identifies as a progressive personally, I was quite pleased to feature you second from the top!),” Schwartz wrote. “You’ll notice our national bloggers come from across the spectrum as well — we have everyone from Howard Dean to Andrew Breitbart. Our goal is to bring the voices of the city to life, whether they be progressive, conservative, controversial, or just middle of the road — we want to get our residents talking. Which we have successfully done, given your response!”

“You’ll also notice we have more featured bloggers to roll out from the political community in the coming days, from Dennis Herrera to John Avalos to David Chiu to Nancy Pelosi…we simply didn’t have room for everyone on our launch day,” Schwartz continued (potentially upsetting the mayoral candidate applecart with her decision to feature Daly before folks who are currently in office AND running for office this fall).

“As someone who very much identifies with the progressive community, I would be so thrilled if you could suggest some more progressive political personalities for our page,” Schwartz concluded. Oh, and she suggested that Daly fold his concerns into his next blog post…

Dick Meister: Farm workers need drastic change

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No workers are more in need of union protection than the nation’s miserably treated farm workers. Yet a promising new effort to ease their path to unionization has been blocked by one of their former champions, Gov. Jerry Brown.

Brown was rightly hailed for signing, in an earlier term as governor, the 1975 law that granted farm workers in California the collective bargaining rights denied them nationwide. It’s the weapon farm workers must have if they are to escape poverty and the arbitrary and often harmful actions of grower employers.

But now, Brown has vetoed a bill sponsored by the United Farm Workers union, the UFW, that would have made it much easier for farm workers to unionize. Currently, they can be granted bargaining rights only if a majority working for a particular grower votes for unionization. The vetoed measure, the so-called Card-Check Bill, would have granted bargaining rights simply on the showing of union membership cards or petitions for union recognition signed by a majority of workers.

Farm workers, of course, are among our most important workers. They help feed us, after all. Their pay nevertheless averages less than $10,000 a year, and most lack employer-paid health care and other benefits. They work hard, frequently under the blazing sun, with few  – if any – rest breaks and without even such simple on-the-job amenities as fresh drinking water and toilets.

The UFW, which sponsored California’s 1975 law, has been trying for many years to remedy farm workers’ conditions by leading them in drives aimed at winning union contracts that promise them decent treatment and an effective voice in determining their wages, hours and working conditions.

 It’s not been easy for the UFW, even with the law in effect. Thanks mainly to employer intimidation and high worker turnover, the union has been able to sign up only a small part of California’s farm labor force and to win only a relatively few contracts from growers. But it’s an important start. Without the law, it would have been nearly impossible.

So why in the world did self-proclaimed farm worker advocate Jerry Brown veto the bill that would have strengthened the union rights granted farm workers in the bill he signed 36 years earlier?

Well, Brown didn’t say much, but did say he didn’t like the bill because it called for “drastic change.”  Which it did, of course. That, as Brown must know, is exactly what’s needed.

Requiring union rights to be granted only by elections gives growers a great opportunity to unfairly pressure workers into voting against unionization – and many take full advantage of the opportunity.

It’s common for growers faced with elections to require workers to attend meetings at which they rail against unions, threaten to fire union supporters and warn that they might have to go out of business if their farms are unionized, or at least greatly curtail operations and thus job opportunities.

“You’re talking about voting on the employer’s site, with foremen and supervisors making eye-contact with you after they’ve alluded to or flat out threatened you with the loss of your job or your housing,” notes a UFW vice president, Armando Elenes. “It takes a lot of strength to even vote.”

There’s plenty of evidence that employers do indeed put lots of pressure on workers to vote against unionization. UFW President Arturo Rodriguez notes, for example, instances of growers pulling guns on workers who were trying to organize.  That may seem exaggerated – but not to anyone who’s experienced the superheated grower-worker confrontation up close.

The UFW is not giving up the struggle for Card-Check recognition. The union will soon re-introduce the Card-Check bill in Congress with the strong backing of the nation’s labor leaders. Some of them call it the single most important labor bill in the country this year.

It certainly is for farm workers and should be for workers in other industries throughout the country who also seek Card-Check rights, and for anyone who wants decent treatment for those whose vital work helps put food on our tables.

 

Dick Meister is co-author of “A Long Time Coming: The Struggle to Unionize America’s Farm Workers” (Macmillan). He can be reached through his website, www. dickmeister.com.

 

Ethics chief says “Run, Ed, Run” must register honestly

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As the pseudo-campaign to convince Mayor Ed Lee to change his mind and run for mayor prepares to open a campaign office tomorrow morning – an event with all the trappings of a real campaign but without the candidate or the regulatory controls – the Ethics Commission is asking it to re-register in a less deceptive way.

As the Examiner reported this morning, Progress for All, the group behind the Run, Ed, Run campaign – which has set up a website, bought advertising, and printed and circulated campaign materials around the sole purpose of promoting a mayoral campaign – registered as a political action committee (one not subject to campaign contribution limits or other controls) even though Ethics Director John St. Croix said it is clearly formed around a primary purpose.

Today, St. Croix tells the Guardian that he has asked Progress for All to re-register as a committee formed around the specific purpose of promoting Lee for mayor, but that “I don’t know that they responded completely in the affirmative.” Guardian calls to the group’s main contract Gordon Chin, who also runs the Chinatown Community Development Center, were not returned.

Despite statements to the Examiner by Progress for All campaign consultant Enrique Pearce that this campaign isn’t unprecedented (he cited the 1999 mayoral write-in campaign of Tom Ammiano, who was a willing participant in the effort and formed a campaign committee), St. Croix said it is unprecedented and his office is figuring out how to regulate it.

“There aren’t regulations specifically designed for a scenario like his,” he told us. “They can’t operate in the absence of regulations.”

Right now, while Progress for All lists five co-chairs of the committee, the public has no way of knowing who’s funding the group, how much individual donors have given, or how much is being spent to make the campaign appear to have popular support. That will become more clear at the end of July when the semi-annual campaign finance reports are due, and St. Croix said his office plans to “carefully examine” those filings in order to decide how to proceed.

The group’s current filings list its purpose as “general civic education and public affairs,” but St. Croix said the public has a right to know that it has actually formed around a single candidate. While the courts have struck down fundraising limits for committees like this, the group’s website seems to limit contributions to the maximum individual contribution of $500, apparently acknowledging that there are potential legal problems with its current approach.

Lee has repeatedly said that he doesn’t want to run for mayor and has not encouraged this effort, but he has done little to discourage the efforts by a group led by his closest political allies, so he could be sullied by group’s tactics if he eventually decides to run. St. Croix says that if Lee runs and his campaign has any overlap with the current efforts, it will raised troubling issues of whether there has been any collusion between the two campaigns, which is illegal.

Despite the concerns expressed by Ethics, the agency doesn’t have a great track record of being tough with powerful campaign finance violators, as a Grand Jury report released this week argues. For example, although the Guardian and Bay Citizen each reported back in October about an independent expenditure (partially funded by Willie Brown) on behalf of Jane Kim’s supervisorial campaign that was done through Pearce’s Left Coast Communications, which was Kim’s campaign consultant, that apparently illegal action was never followed up by the Ethics Commission. St. Croix has said he can’t comment on that incident, and he responded to the grand jury report by noting that its recommendations were mild even though “the report itself uses some fighting words,” and he said he was preparing a formal response.

Although some activists have argued that those expressing concerns about this stealth campaign are somehow being undemocratic, the reality is that Progress for All is the only mayoral campaign not playing by the rules. And there are rules that govern elections, rules set up precisely so the public knows who’s really behind the campaign propaganda.

Will partisan agendas shape the redrawing of political lines? — UPDATED

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UPDATED BELOW In the midst of a political realignment at City Hall that is still shaking out, the Board of Supervisors Rules Committee is today (Thurs/23) considering appointments to the Redistricting Task Force, the body that will redraw supervisorial districts using the latest census data. And its choices will say a great deal about the role of integrity and impartiality in the new “politics of civility.”

This commission will arguably have more influence on the city’s political dynamics over the next decade than any other, so overtly partisan appointees should be viewed with great suspicion. Larry Bush at CitiReport did a nice rundown of the applicants and their backgrounds, but the Rules Committee will be where the real action is.

President David Chiu stacked the committee with a conservative majority (Sups. Mark Farrell and Sean Elsbernd) and named a chair (Sup. Jane Kim) whose political loyalties are tough to peg right now. Will she seek an appointee who doesn’t have a political agenda, or will she seek to reward a partisan ally like applicant Paul Hogarth, who worked on her campaign and writes for BeyondChron.org, a propaganda outlet for Kim-backers Randy Shaw and the Willie Brown/Rose Pak/David Ho cabal that elevated Ed Lee into Room 200 and is desperately trying to keep him there.

There are other problematic applicants as well, including Potrero View Publisher Steven Moss, who ran for supervisor in D10 last year and has shown a penchant for seeking payback against his perceived enemies (including the Guardian, which ran articles questioning his residency status). Applicant Ron Dudum has also shown a vindictive streak – following up his failed D2 supervisorial campaigns with an unsuccessful lawsuit challenging the ranked-choice voting system – that would make him a worrisome figure to have on this task force.

So far, three people have been named to the body by the Elections Commission: gadfly/policy wonk David Pilpel, Google attorney Melissa Tidwell, and Mark Schreiber, the managing general partner of Cooper White & Cooper. So already, this is tilting toward a business community bias that will probably get worse once Mayor Ed Lee makes his three appointments to the nine-member commission.

Given how the Rules Committee is stacked, its three recommendations are likely to raise questions that the full board will need to put to rest when it takes the matter up on Tuesday. Voters need to have faith that partisan agendas aren’t shaping the city’s most important political lines, and now is the moment to ensure they have that confidence.

UPDATE: The committee voted unanimously to recommend Eric McDonnell, the chief operating officer of United Way of the Bay Area; Jenny Lam, director of community initiatives for Chinese for Affirmative Action and a board member of Chinatown Community Children’s Center; and Mike Alonso, a “security professional” with Corporate Security Services who got his law degree from New College in 2007 but never worked as a lawyer.

Dick Meister: The battle of our generation

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President Bob King of the United Auto Workers union is proving again that he’s one of our most astute labor leaders, a worthy occupant of the position once held by the legendary Walter Reuther.

King’s latest column in Solidarity, the UAW’s official magazine, certainly proves that. King writes about the severe weakening of the union rights that are supposedly guaranteed all working people – the right to organize. King calls that “the first amendment for workers.”

That basic and essential right was granted U.S. workers by the National Labor Relations Act – the NLRA – that was enacted in 1935 as part of President Franklin D. Roosevelt’s New Deal measures that were designed in part to pull the country out of the Great Depression.

But now, says UAW President King, the NLRA’s basic process for determining whether workers want to organize – having them vote for or against unionization – is “fatally flawed.” King says the National Labor Relations Board ­–­ the NLRB – which is charged with enforcing the NLRA, does not do that – “does not protect workers’ right to organize.”

Workers’ lack of adequate legal protection is not a new development, as King notes. It’s been a serious problem for several decades. Since the 1970s, employers have been allowed to hire anti-union consultants “to design sophisticated ways to intimidate workers trying to organize.”

Boy, have they. Supervisors are trained to put pressure on individual workers to vote against unionizing. Workers are forced to attend meetings where they are warned of the dire consequences they’ll face if they vote for unionizing. Employers threaten to close down if their employees vote for a union. Union supporters are commonly disciplined, sometimes fired. And employer lawyers “find thousands of excuses for delaying elections. “

King needn’t look beyond his own union for examples of the NLRB’s ineffectiveness against the dictatorial actions of employers against unions. He could cite hundreds of cases involving the UAW.

For instance, last August, six years after the UAW lost a union election by just three votes at a facility in North Carolina, the NLRB finally ordered a new election “because the employer violated the law in more than a dozen ways.” The violations included threatening to do away with the jobs held by union supporters, spying on workers’ meetings and interrogating workers about union activity.

By now, however, all 25 members of the union’s organizing committee have left for other jobs, most union supporters have been fired, laid off or quit. And the new election still hasn’t been scheduled.

Another example involves a California facility. Seventy percent of the workers there signed union membership cards, but were so intimidated by management that only 19 workers out of 161 dared vote for UAW representation.

King says the union is “returning to its roots of direct action on behalf of workers rights.” Which is no small matter, given the UAW’s influential position within the labor movement.

The union is demanding that “all corporations, whether American or foreign-owned, allow their workers to freely decide whether to organize.”

King calls that “the battle of our generation,” as it surely is. He says “the battle for the First Amendment right to organize will determine the survival of the labor movement. It is the mission of our generation of trade unionists to secure these rights for future generations. We must win this fight for our children and grandchildren.”

King and other UAW officers are going to “call upon each and every member to give some time – perhaps two hours a week – to participate in public demonstrations for the First Amendment.”

The union also will be seeking the support of workers and their unions in other countries, since the UAW is dealing with companies whose owners are in Japan, Korea and Germany and whose products are sold worldwide. The UAW will in turn support the struggles of foreign workers for union rights in their countries, as part of “the global fight to force corporations to respect workers’ right to organize.”

It’s important to remember the UAW’s crucial role in helping establish a true middle class in this country through its organizing of the auto industry. That led workers in other industries to also demand – and get – decent wages, benefits and working conditions.

UAW President King thinks his union can lead the way again, this time to reforms that will protect and expand the union rights that the autoworkers and others won seven decades ago. Those are the rights that had so much to do with the rise of a true middle class, whose standing is now endangered by the anti-union onslaughts of employers and their government allies.

 

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 300 of his columns.

 

Igniting a union

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news@sfbg.com

The most contentious and pivotal election ever for the union of academic student employees at the University of California concluded May 8 in a landslide victory for reformers who will now have the chance to deliver on their promise of a more militant and democratic union. In many ways, it was a microcosm for the larger struggle over how to respond to proposals for deep cuts and tuition hikes in the public university systems.

Local 2865 of the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), represents 12,000 teaching assistants, tutors, readers, and researchers, making it the largest UAW union on the West Coast. Higher education workers make up 40,000 of the 390,000 active UAW members, just over 10 percent.

The caucus of reformers, organized under the banner Academic Workers for a Democratic Union (AWDU), won all 10 executive board positions and 45 out 80 seats at the Joint Council, taking control from incumbent leaders from United for Economic and Social Justice (USEJ), which has presided over the union for most of its 11-year history.

Voter turnout spiked tenfold over the last triennial election with 3,400 ballots cast this election cycle. Union organizers said the hike reflects intensive campaigning by both sides and a political atmosphere that is threatening both higher education in California and public employees across the country.

“This was the first real contested election our union ever had,” said Mandy Cohen, a comparative literature graduate student at UC Berkeley and the AWDU recording secretary-elect. “There was a huge increase in participation, and it was very contentious. Our leadership never had to fight for their position.”

The intensive campaigning translated into an unusually bitter battle for votes with ensuing accusations of foul play. The allegations include intimidation, personal attacks on the character of candidates, and ballot tampering. But the height of controversy and drama came once all the ballots were cast, when the USEJ-dominated elections committee suspended the vote count midway and AWDU members responded with an office sit-in of the union’s headquarters.

Each side tells a different tale for these 1,500 disputed ballots from UC Berkeley and UCLA, the two largest campuses.

From USEJ’s perspective, the sheer number of challenged ballots and the heated environment in the counting room overwhelmed elections officials, who decided to refer the matter to the Joint Council, the governing body of the local.

“AWDU had 20-plus people in the [vote-counting] room. They were continuing the intimidation and aggression. The elections committee decided that it was too much to handle,” said Daraka Larimore-Hall, outgoing president of the local. He said that USEJ elections committee members have been so harangued since the incident that they are not granting requests for media interviews.

AWDU members, who consider UC Berkeley their stronghold, think the vote-counting freeze was the first step on the road to invalidating ballots from a campus with many AWDU supporters.

“Even though we knew they were really threatened by us, the very idea that we would try to disenfranchise 800 voters from the biggest campus — and that’s how they would try to win the election — was really shocking,” Cohen said.

She defended the AWDU decision to videotape the remaining ballots via webcam and take over union offices in protest. “We weren’t taking a partisan position; we just said we wanted the votes counted. I felt like we were clearly in the right. We just wanted to defend the election — and that position was so strong.”

Counting resumed when both sides finally settled on a third-party mediator, delivering 55 percent of the vote to AWDU.

However, on May 16, USEJ released a statement documenting a slew of alleged misconduct throughout the election and calling for a rerun. “It is critical that our members have confidence that the election process is fair and democratic,” reads the statement. “It seems that several categories of problems, with many more individual examples, occurred that are serious enough to justify setting this election aside.”

Whatever happens, reformers at least will have some opportunity to translate their political platform into action. They say they will focus on two areas: increasing the participation and power of the rank and file, and a more aggressive stance toward the university administration and the budget cuts.

“There is real institutional power in this union that should be better mobilized in those fights [for public education],” said president-elect Cheryl Deutsch. “We are hoping to bring into that debate a more mobilized membership … so that we can be a stronger coalition [with others in California].”

She added that the election was already a huge victory in the long-term plan to increase involvement. A history of member indifference and vacancies in the governing board hopefully will give way to a revival in the higher education labor movement, she said.

But Larimore-Hall expressed strong disagreement with the sentiment that the election was a victory for the labor movement. He said he heard AWDU people tell workers that USEJ represents “centrist sell-outs” and “out of touch union bureaucrats,” tactics he criticized. “Going around and telling people their union leaders are corrupt union bosses … in a culture that is steeped in anti-union rhetoric is an easy thing to sell people on,” he said.

Deutsch said she couldn’t take responsibility for the actions of a few amid hundreds of supporters and activists, but that AWDU as a whole did not engage in personal attacks. She said she is proud that her winning slate came from rank-and-file workers, not from traditional union leadership and staff.

It wasn’t the first time the two factions confronted each other. The origin of the tensions can be traced to the recent wave of budgets cuts at the university, and to the ensuing protests. In the summer of 2009, the UC Board of Regents announced a 33 percent tuition hike; the resulting discontent sparked a student movement with its own fair share of ups and downs. Among the protestors were many graduate students who would go on to become AWDU leaders.

Cohen recalls that in fall 2009, there was a “huge explosion of organizing and activism on our campus trying to organize resistance to the cuts — but not within our union.”

Cohen said that she and other graduate students approached the union to encourage action, but that union bureaucracy stifled their efforts. “It was too top-down and difficult to participate. We realized the local wasn’t structured in a way that could be powerful.”

Larimore-Hall said UAW already was “one of the unions that [the university administration] fears most.” He said that AWDU’s position overlooks the union’s accomplishments on the public education front, citing a petition to Sacramento legislators that USEJ organizers got thousands of members to sign.

Early this spring, the issue of labor properly and sufficiently flexing its muscles came center stage as the UAW and the university negotiated a contract. With no concessions to management and gains such as a 2 percent wage increase and more childcare subsidies, Larimore-Hall said the contract is a resounding success.

But Deutsch says that the contract is a perfect example of her disillusionment with traditional union organizing and the previous leadership. Union members ultimately voted to ratify it despite AWDU criticism that the union didn’t seek enough input from members or push for a better deal. AWDU gained traction and established a significant public presence for the first time with this opposition.

“It’s not that I think it’s the worst contract we could have gotten,” she said, explaining that her problem is with the process, not necessarily with the results. If more members had been consulted and included, she would have been content. She mentioned the dire need for affordable housing at the Irvine campus as an example of member concerns that were not prioritized.

Peter Chester, chief contract negotiator for the university, said that in the “current budgetary circumstances,” UAW did “very well” and expressed concern that the slate, which opposed the contract, did so well among academic workers.

But the victory by reformers probably signals a new militancy in the union, which is expected to resist proposals to privatize campus services and push for a stronger voice in the tough decisions facing the university system. Cohen said that making the case for taxing the rich to pay for public education is the wider goal and the reason she ran for a position at the union.

“It’s eye-opening to be a student and benefit from education here at the UC, but also to identify as a public employee,” she said. “When I got to the UC, I was so proud. And then this struggle came to my doorstep, and I didn’t have a choice in this moment.” 

 

Ross for boss (of the sheriff’s department)

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City Hall’s steps were awash in multi-lingual black and yellow “Ross Mirkarimi for Sherrif” signs at noon today, as Mirkarimi supporters watched Sheriff Mike Hennessey, who is stepping down after 31 years of service and eight elections, endorse Sup. Mirkarimi as the next sheriff.  “New Leadership for a Safe San Francisco” was printed on the English version of the signs that Mirkarimi’s supporters carried. They included former Mayor Art Agnos, Sups. David Campos and Eric Mar, Tim Paulson of the Labor Council, Debra Walker, Linda Richardson, Sharen Hewitt, Terry Anders, and Mirkarimi’s partner Eliana Lopez and their almost two-year old son Theo. And everyone had plenty of great things to say about outgoing sheriff Hennessey and sheriff candidate Mirkarimi. And Hennessey even pinned a shiny toy sheriff’s badge onto the T-shirt of Mirkarimi’s son Theo, making him the happiest kid in town. At least for the day.

Campos kicked off the event by honoring Hennessey as the “most progressive and most effective sheriff in the country.”
“Mike Hennessey is also my neighbor in District 9. I see him taking out the trash so I know he’s a good neighbor,” Campos joked, as he listed the many achievements in Hennessey’s long career as an elected official in San Francisco. These achievements included Hennessey’s pioneering innovations in criminal justice and culminated in his decision to blow the whistle in 2010 on the federal government’s plan to activate its controversial Secure Communities program in San Francisco—without telling the public.
“He’s not afraid to stand up for what’s right,” Campos said.

‘This is the time for me to move on,” Hennessey announced, as he laid out his reasons for endorsing Mirkarimi as Sheriff, over other candidates in the field.
Hennessey described the Sheriff’s Department as a “large enterprise” that has over 1,000 employees, a $150 million budget and whose jail houses an average population of 2,000 folks in custody, on a daily basis.
“It’s not something that can be handled lightly,” Hennessey said. “That’s why I’m here to endorse Ross Mirkarimi as the next sheriff.”

Hennessey listed the many endeavors that he and Mirkarimi have worked closely on, including a number of criminal justice issues, and he cited Mirkarimi’s extensive law enforcement background, his significant legislative accomplishments in the areas of criminal justice and public safety, and his ability to find innovative solutions and overcome obstacles to progress, as reasons to support Mirkarimi.

Hennessey observed that criminal justice is “one of the thornier issues” that members of the Board of Supervisors are often asked to get involved in, but often duck.”But Ross has not shied away from working on them,” Hennessey said, citing Mirkarimi’s involvement in shaping the “No Violence Alliance Project” and his leadership in creating the Safe Communities Re-entry Council.

Hennessey also noted that in face of AB 109, the Governor’s plan to transfer state inmates to county jails, “it’s vitally important to have person in charge of sheriff’s office that understands these alliances and can make them work more effectively.”

Hennessey concluded by observing that the Sherrif’s Department has to deal with a lot of bureaucracy, so it’s important to understand how the Board, the budget process and other city departments, including the District Attorney’s office and the police, work.
‘And that’s why I’m endorsing Ross as Sheriff,” Hennessey said

Then it was the turn of Mirkarimi, who graduated from the San Francisco Police Academy, did Naval Reserve training and worked for more than 8 years as an investigator for the District Attorney’s office, to speak.

“I have never been at a loss for words,” Mirkarimi acknowledged, as he launched into a speech that began by thanking everyone for showing up at short notice “for one of the most important occasions of my political career.”

Mirkarimi did a great job of giving Hennessey the praise he deserves.
“He is a living legend,” Mirkarimi said. “It’s completely impossible to fill his shoes.”
Citing Hennessey’s integrity and his ability to innovate, Mirkarimi warned that, “Maybe it’s come to the point where we have taken him for granted. He’s the longest serving elected official in the history of San Francisco, and he’s probably the most understated.”

“And the most important endorsement in this race is that of Mike Hennessey,” Mirkarimi added, as he gave Hennessey his commitment “to build upon your legacy as effectively as possible.”

Mirkarimi cited some of the most immediate and serious challenges that face the next sheriff. These include AB 109, which Gov. Jerry Brown just signed, which. Mirkarimi said, threatens to increase the reentry prisoner level by 30 percent in California. “It will take creative ingenuity and resources to make sure we are effective in taking care of this population,” he said.

Mirkarimi also touched on the rising number of veterans that are ending up in the prison system, talked more about the No Violence Alliance Project, and suggested that certified deputy sheriffs could help serve warrants, transfer prisoners, and patrol Muni, “when the police department finds itself understaffed” so as to ensure that San Francisco is safe.

“For every four people arrested and jailed in San Francisco, three out of four are repeat offenders in a three-year period,” Mirkarimi warned, by way of explaining why he wants to advance a more collaborative spirit between SPPD and the Sheriff’s department.

Mirkarimi also noted that one out of every 15 African American males are in jail, at any time in the year, compared to I out of 300 males who are not black or brown. “So, we must step up our game in dealing with poverty,” he said, as he recommended increased access to job training and good jobs, “so work doesn’t become a seasonal hope but a permanent job.” He also made the connections between a lack of good housing, childcare, and schools and a rise in poverty, crime and recidivism.

Mirkarimi concluded by crediting Hennessey for “walking that fine pirouette” between upholding the principles of public safety and understanding the power of redemption at the same time.

I asked Sheriff Mike Hennessey what he considers to be the biggest challenges of running for sheriff/
“Letting people know what you are going to do, and what your issues are,” Hennessey said, noting that San Francisco has an intelligent, issues-driven electorate.

And Mirkarimi’s supporters weren’t shy about letting folks know the issues that the current D5 Supervisor has helped them with, over the years.

“Ross, as a supervisor and me, as someone who comes from a community of color, we know the habits that ex-offenders can bring with them, if there are no safety nets,” said Terry Anders who sits with Mirkarimi on the Safe Communities Reentry Council. “And I believe in what Ross stands for and the integrity of his person. He’s one of the first people to show up when there are crimes and victims, and he attends basketball games and boxing matches.”

Paulette Brown, whose son Aubrey Abraska Jr, was murdered in August 2006, but whose killers have still not been brought to justice.
“We shouldn’t have to run and leave our families, we should be protected,” Brown said. “Ross is my district supervisor and if he can get in, and do something about crime and solve unsolved homicides, then I’m for him. Maybe if he gets in, he’ll have more pull to do something about these unresolved cases.”

And then it was back to work, which for Mirkarimi now includes the somewhat daunting task of trying to raise money in an election year that also includes a mayor’s race, but does not include the help of public financing, at least not for the sherrif’s race….

Vote today for the next mayor

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If elections were held today, who would be your top choice? Weigh in here at the Bay Guardian’s poll for the mayor’s race.

SFBG Radio: The weird cult of Ayn Rand

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Today Johnny V. and Johnny A. talk about recall elections in Wisconsin, revolts against tax cuts for the rich — and why it is that Republican nuts are so enamoured of Ayn Rand. Listen after the jump.

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