Endorsements

Leno cries over spilled Milk

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The big Harvey Milk LGBT Democratic Club endorsement vote for State Senate is tonight, as you’ve probably already heard way too much about if you’ve been following the Carole Migden-Mark Leno slugfest. Frankly, the whole situation has gotten downright ridiculous, with each side alleging dirty tricks and using whatever tactics they can muster to win this supposedly influential endorsement.
But the topper is now coming from Leno himself, who has concluded that Migden has it sewn up and has decided to essentially boycott the vote, saying he’s not going to show up and urging his supporters to also stay home. In other words, he’s taking his ball and going home, or crying over spilled milk, or whatever metaphor you prefer.
Why can’t he just lose gracefully, congratulate his opponent, and keep his dignity? After all, Leno’s people engineered early endorsements from the Alice B. Toklas LGBT Democratic Club and the San Francisco Young Democrats, both times using confederates to essentially rig the game. And now he cries foul when a similar episode goes against him. Puh-leeze!

Who’s endorsing whom? A guide

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You’re probably already acquainted with the Guardian’s 2007 endorsements for the Nov. 6 elections — but what about the city’s other hot and steaming political bodies (yes, that sounded dirty). Below are endorsements from other groups, from the Alice B. Toklas Democratic Club to the San Francisco Tenants Union. (All files below are PDFs.)

San Francisco local offices

San Francisco ballot propositions

Vote!

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Turnout was pretty light in my Bernal Heights precinct this morning. Some projections say as few as 100,000 people will bother to vote. That would be less than 25 percent of the electorate choosing the next mayor and making key decisions on transportation policy. Which is exactly what Don Fisher and the downtown types hope for — in fact, the only way something as dumb and regressive as Prop. H could ever pass is San Francisco is in a very-low-turnout election.

So if you’re reading this, take a few minutes and go vote. Our endorsements are here.

**Commenting is temporarily disabled

Endorsements: Local offices

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Mayor

1. QUINTIN MECKE


2. AHIMSA PORTER SUMCHAI


3. CHICKEN JOHN RINALDI


Let us be perfectly clear: none of the people we are endorsing has any real chance of getting elected mayor of San Francisco. Gavin Newsom is going to win a second term; we know that, he knows that, and whatever they may say on the campaign trail, all of the candidates running against him know that.

It’s a sad state of affairs: San Francisco has been, at best, wallowing helplessly in problems under Newsom, and in many cases things have gotten worse. The murder rate is soaring; young people, particularly African Americans, are getting shot down on the streets in alarming numbers. The mayor has opposed almost every credible effort to do something about it — he fought against putting cops on foot patrol in the most violent areas, he opposed the creation of a violence-prevention fund and blocked implementation of a community policing plan, and he’s allowed the thugs in the Police Officers Association to set policy for a police department that desperately lacks leadership. The public transportation system is in meltdown. The housing crisis is out of control; 90 percent of the people who work in San Francisco can’t afford to buy a house here, and many of them can’t afford to rent either. Meanwhile, the city is allowing developers and speculators to build thousands of new luxury condos, which are turning San Francisco into a bedroom community for Silicon Valley. Newsom only recently seems to have noticed that public housing is in shambles and that the commission he appoints to oversee it has been ignoring the problem.

The mayor is moving aggressively to privatize public services (including turning over the city’s broadband infrastructure to private companies), and he’s done little to promote public power. He’s cracking down on the homeless without offering adequate alternatives to long-term housing. Much of the time, he seems disconnected, out of touch with the city; he won’t show up and take questions from the Board of Supervisors and won’t even comply with the Sunshine Ordinance and release his daily calendar so the voters can see what he’s doing all day. He rarely appears in public, unless his handlers have complete control of the situation.

In fact, almost all of the significant policy discussions and initiatives that are happening in San Francisco today (including the universal health plan that Newsom likes to take credit for) have come from the Board of Supervisors.

There are good things to say about Newsom. We were among the huge number of San Franciscans who applauded when Newsom directed the city to start issuing marriage licenses to same-sex couples. He did more than make a political statement, more than allow hundreds of couples to get married; he put one of the leading civil rights issues of our time on the center stage of the political agenda. And he made all of us proud to be San Franciscans. We were happy to see him stand up against the big international hotel chains and support striking hotel workers. In some ways, he’s brought modern management to the city — the 311 system, which connects callers directly to the proper city services, actually works, and sometimes works well.

But San Francisco is one of the world’s great cities, and it’s in serious trouble, and the person in charge isn’t offering much in the way of leadership — and he certainly isn’t offering the sort of progressive agenda that this city ought to be showing the nation. Newsom doesn’t deserve another term.

And yet the progressives in the city, who have come so very far since the return of district elections in 2000, were unable to field an electable candidate. We could spend pages dissecting why that happened. Matt Gonzalez should have made a decision much earlier in the process. Ross Mirkarimi should have run. The entire movement needs to be better about developing and promoting candidates for citywide office. But right now the issue on the table is this: who should the progressives, the independents, the neighborhood activists, the tenants, the people who have been dispossessed during the Newsom years, who don’t like the prospect of this mayor waltzing into another term atop a landslide majority, vote for Nov. 6?

We aren’t in the habit of endorsing for a big-league elective office people who haven’t put in their time in the minors. And Newsom’s challengers are not exactly a varsity squad. But many of them are raising important issues that Newsom has ignored, and we commend them all for taking on the difficult task of mounting a campaign against a mayor who most observers say is unbeatable. Our endorsements are, to be honest, protest votes — but we hope they’ll send a message to Newsom that there are issues, communities, and ideas he can’t just ignore after his coronation. The smaller the mayor’s margin of victory and the more votes the candidates who are pushing the progressive agenda collect, the less of a mandate Newsom will take into a second term that could be a truly frightening time.

Quintin Mecke has the strongest progressive credentials and by far the best overall approach to issues facing the city. He’s never held elective office (and had never run before), but he’s been involved in local politics for a decade. A volunteer with Tom Ammiano’s campaigns for supervisor and mayor and with Gonzalez’s mayoral campaign, Mecke went on to serve on the civil grand jury and the task force on redistricting, where he helped stave off attempts to chop up progressive supervisorial districts. He helped organize the South of Market Anti-Displacement Committee and now runs the Safety Network Partnership, a nonprofit that works to fight crime and violence in the city’s neighborhoods. He’s on the committee that monitors the city’s homeless shelters.

Mecke told the Guardian that "it’s hard to find an innovative, non-PR-type initiative out of the Mayor’s Office." He supports community policing, a progressive gross-receipts tax that would exempt small businesses, and a moratorium on market-rate housing until the city can determine how it will build enough affordable units. He complains that there’s no standard of care in Newsom’s homeless shelters. He opposes the privatization of public programs and resources.

Mecke tends a bit to bureaucratspeak; he talked about "horizontal conversations" instead of taking some issues head-on. And we’re concerned that he didn’t seem serious or organized enough to raise the modest amount of money it would have taken to qualify for public financing and mount a more visible campaign. But he’s a solid candidate, and we’re happy to give him the nod.

Ahimsa Porter Sumchai is a remarkable success story, an African American woman who grew up in the housing projects and wound up graduating from UC San Francisco’s medical school. She’s running primarily on the issue of environmental justice for southeast San Francisco — and for years has been one of the loudest voices against the flawed Lennar Corp. redevelopment project at and the reuse plan for the contaminated Hunters Point Shipyard. Sumchai says the shipyard can never be cleaned up to a level that would be safe for housing, and she suggests that much of it should be used for parks and open space and possibly maritime and green-industry uses. She’s highly critical of the low levels of affordable housing in market-rate projects all over the city, arguing that the developers should be forced to provide as many as 25 percent of their units at below-market rates. Sumchai is a physician, and she talks like one; her scientific language and approach sometimes confuse people. She suggested that one of the main causes of the homicide rate in the city is mental illness. "You can medically address people who are violent," she told us, saying the first step is to properly diagnose and treat depression in men. "Just as we looked at AIDS as an epidemic," she said, "we should look at violence as an epidemic." Which is, at the very least, an interesting approach.

Sumchai has some innovative ideas, including a universal child-care program for the city, paid for with a "fat tax" on unhealthy food. She’s a strong supporter of public power and a longtime critic of Pacific Gas and Electric Co.

She can be abrasive and temperamental, but she’s talking about critical issues that almost everyone else is ignoring. She deserves support.

Chicken John Rinaldi is the political surprise of the season, an artist and showman who has managed a traveling circus, run a bar in the Mission, put on unusual performances of every kind — and somehow managed to be the only person running for mayor who could qualify for tens of thousands of dollars in public funding. On one level Rinaldi’s campaign is a joke — he told us repeatedly he has no idea what he’s doing, and that if by some wild chance he were elected, he would hire people like Mecke and Sumchai to run the city. He’s the Dada candidate, with his entire run something of a performance art piece.

But Rinaldi has a real constituency. He represents a dying breed in the city: the street artists, the writers, the poets, the unconventional thinkers with economically marginal lifestyles, who were once the heart and soul of San Francisco. It’s hard to pin him down on issues since he seems to disdain any policy talk, but in the end, the very fact that he’s running speaks to the pressure on artists and the lack of support the unconventional side of the art world gets in this increasingly expensive city.

Rinaldi is the protest candidate of all protest candidates, but he’s going to get a lot of votes from people who think San Francisco needs to stop driving some of its most valuable residents out of town — and if that leads to a more serious discussion about artist housing, affordable housing in general, arts funding, and the overall crackdown on fun under Newsom, then it’s worth giving Chicken John a place on the ticket.

There are several other candidates worthy of consideration. Josh Wolf, a video blogger, served 226 days in a federal prison rather than turn over to the authorities tape of a demonstration he was filming. It was a bold and courageous show of principle (anyone who’s ever done time knows that spending even a week, much less month after month, behind bars is no joke), and it speaks to his leadership and character. Wolf is talking about some key issues too: he’s a big supporter of municipal broadband and sees the Web as a place to promote more direct democracy in San Francisco.

Lonnie Holmes, a probation officer, has roots in the African American community and some credible ideas about violent crime. He favors extensive, direct intervention in at-risk communities and would fully fund recreation centers, after-school programs, and antiviolence education in elementary schools. He thinks a network of community resource centers in key neighborhoods could cut the crime rate in half. He’s a little conservative for our taste, but we like his energy, commitment, and ideas.

Harold Hoogasian, a third-generation florist, registered Republican, and small-business activist, is a self-proclaimed fiscal conservative and law-and-order guy who complains that the city budget has skyrocketed while services don’t seem to have improved. Yet somewhat to our surprise, he told us he supports the idea of a moratorium on market-rate housing and a ballot measure that would force developers to build housing more in tune with San Francisco’s real needs (even if he wants to start with ownership housing for cops). He supports public power, wants more sunshine in government, and opposes privatization. He also brings a much-needed critique of the remaining vestiges of machine politics in this one-party town and speaks passionately about the need for outsiders and political independents to have a seat at the table. We’re glad to have him in the race.

In the end, though, our picks in this first ranked-choice vote for San Francisco mayor are Mecke, Sumchai, and Rinaldi — on the issues, as a political statement, and to remind Newsom that his poll numbers don’t reflect the deep sense of distrust and discontent that remains in this city.

District attorney

KAMALA HARRIS


We’re always nervous about unopposed incumbents. And since Kamala Harris unseated Terence Hallinan four years ago, running as an ally of then-mayor Willie Brown with the backing of a corrupt old machine, we’ve been nervous about her.

In some ways she’s been a pleasant surprise. Harris quickly showed that she has courage and integrity when she refused to seek the death penalty for a cop killer despite the fact that the police rank and file and much of the brass excoriated her for it. She remains one of the few district attorneys in the nation who oppose the death penalty in all situations. She’s created a public integrity unit and aggressively filed charges against Sup. Ed Jew. She’s made clear to the Police Department that she won’t accept sloppy police work. She talks constantly about making crime and criminal justice a progressive issue.

But there are plenty of areas in which we remain nervous. Harris hasn’t been anywhere near as aggressive as she could be in prosecuting political corruption. She doesn’t pursue ethics violations or Sunshine Ordinance violations. The San Francisco DA’s Office could be a national leader in rooting out and prosecuting environmental and political crime, but it isn’t.

Meanwhile, the murder rate continues to rise in San Francisco, and Harris and the police are pointing fingers back and forth without actually finding a workable solution.

And lately, Harris, to her tremendous discredit, has been stepping up the prosecution of so-called quality-of-life crimes — which translates into harassing the homeless. She’s made sure there’s a full-time prosecutor in traffic court, pressing charges for things like public urination, sleeping in the park, and holding an open container of beer. That’s a colossal waste of law enforcement resources.

We expect a lot more from Harris in the next four years. But we’ll back her for another term.

Sheriff

MIKE HENNESSEY


Mike Hennessey has been sheriff for so long that it’s hard to imagine anyone else holding the job. And that’s not a bad thing: Hennessey is one of the most progressive law enforcement officers in the country. He’s turned the county jail into a center for drug rehabilitation, counseling, and education (the first charter high school in America for county prisoners is in the SF jail). He’s hired a remarkably diverse group of deputies and has worked to find alternatives to incarceration. He’s openly critical of the rate at which the San Francisco police are arresting people for small-time drug offenses ("We’re arresting too many people for drugs in the city," he told us). He took a courageous stand last year in opposing a draconian and ineffective state ballot initiative that would have kicked convicted sex offenders out of San Francisco and forced them to live in rural counties without access to support, services, or monitoring.

We’ve had some issues with Hennessey. We wanted a smaller new jail than he ultimately decided to build. And we really wish he’d be more outspoken on local law enforcement issues. Hennessey told us he wants to stick to his own turf, but if he were more visible on police reform, criminal justice, and law enforcement, the city would benefit immensely.

Hennessey’s only opponent is David Wong, a deputy sheriff who was unable to make a case for replacing the incumbent. We’re happy to endorse Hennessey for another term — but since this might be his last before retirement, we urge him to take his progressive views and push them onto a larger stage.

That Guardian doorhanger

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Just for the record, because there’s always some confusion this time of year:

The Guardian doesn’t distribute doorhangers or political fliers. We don’t print them, we don’t pay for them.

We don’t object to them, either.

Every year, someone we’ve endorsed wants to get the word out, and prints up a guardian slate card. That’s fine with me; I want our endorsements distributed as widely as possible. I’m happy that people want to reprint them. We do a lot of work on this stuff; the more people who see it, the better.

In this case, the Quintin Mecke for mayor campaign put the doorhanger together, with some financial help from other candidates. I didn’t see it in advance; if I had, I would have pointed out an error. The flier has our position as NO, NO, NO on Prop. F. We actually support that one. Not a huge deal, since Prop. F – a minor police pension issue – isn’t terribly controversial and is going to pass anyway. If you aren’t sure, just download our official slate here.

The main point is that the Mecke card pushes Yes on A and No on H, and promotes our three alternatives to Gavin Newsom. We didn’t do it, but I hope it helps.

Endorsements: Local offices

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We’re having some trouble with our Web site — until it’s fixed, here’s our complete local offices endorsements for the Nov. 6 elections. For more endorsements, please visit our 2007 Guardian Election Center, or for quick refence see our Clean Slate printout guide.

Mayor

1. QUINTIN MECKE


2. AHIMSA PORTER SUMCHAI


3. CHICKEN JOHN RINALDI


Let us be perfectly clear: none of the people we are endorsing has any real chance of getting elected mayor of San Francisco. Gavin Newsom is going to win a second term; we know that, he knows that, and whatever they may say on the campaign trail, all of the candidates running against him know that.

It’s a sad state of affairs: San Francisco has been, at best, wallowing helplessly in problems under Newsom, and in many cases things have gotten worse. The murder rate is soaring; young people, particularly African Americans, are getting shot down on the streets in alarming numbers. The mayor has opposed almost every credible effort to do something about it — he fought against putting cops on foot patrol in the most violent areas, he opposed the creation of a violence-prevention fund and blocked implementation of a community policing plan, and he’s allowed the thugs in the Police Officers Association to set policy for a police department that desperately lacks leadership. The public transportation system is in meltdown. The housing crisis is out of control; 90 percent of the people who work in San Francisco can’t afford to buy a house here, and many of them can’t afford to rent either. Meanwhile, the city is allowing developers and speculators to build thousands of new luxury condos, which are turning San Francisco into a bedroom community for Silicon Valley. Newsom only recently seems to have noticed that public housing is in shambles and that the commission he appoints to oversee it has been ignoring the problem.

Milk Club tonight — Leno and Migden

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The harvey Milk LGBT Democratic Club meets tonight to consider a parliamentary procedure that could lead to an an early endorsement for state Sen. Carole Migden, who faces a challenge in next June’s primary from Assemblymember Mark Leno. Not surprisingly, the sleaze is flying

We haven’t endorsed in this race, and we won’t until next spring, but I have said, repeatedly, that both sides ought to play fair and keep it clean and try to avoid doing long-term damage to the progressive community. If Migden manages to disenfrancise Leno supporters at Milk, it will be one of those ugly moves that hurts the club’s credibility.

Everyone tries to pack club endorsements. The Milk Club rules are designed to block that, and this may be an unintended consequence. But there are plenty of people who are clearly legit, long-term members of the Milk Club, and if there’s any question about who gets to vote, it ought to be decided in a way that is as democratic as possible.

Migden’s a former club president, and has a lot of strong Milk allies. She’s been a Milk person for years, and Leno has been much more closely allied with the more moderate Alice B. Toklas Club. Migden doesn’t need to play any games here; Leno’s the underdog for this endorsement anyway.

By the way, perhaps the Milk Club members could ask Sen. Migden why she’s so fond of Republican Don Fisher,, and whether she will take the $7,200 he’s given her campaign and turn it over to the Yes on A/ No on H campaign.

And to keep the debate lively, they can ask Assemblymember Leno why he’s so supportive of Mayor Gavin Newsom.

Examiner sells out San Francisco

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The San Francisco Examiner called Prop. H “a veritable minefield of unintended consequences. It could actually take away parking, harm business, reduce new housing and drive out neighborhood retail. By now, Californians should be wary of unexpected mischief unleashed from propositions that legislate by direct referendum.”
We should also be wary of self-serving Republican billionaires like Don Fisher, who is sponsoring Prop. H, and Phil Anschutz, who owns the Examiner and has used its editorial page to attack progressives values like smart planning and reasonable regulation of greedy capitalists who would harm the public interest.
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Why would I say such things about the Examiner, whose editorial also noted that “If the initiative organizers had faced harder questioning, they might have recognized that merely adding parking to a fast-growing downtown is likely to make already-bad congestion dramatically worse.”? Well, because it wrote this honest assessment of the measure back on Aug. 2, and even though Prop. H hasn’t changed since then, the Examiner yesterday used its front page endorsements to urge a “yes” vote on Prop. H. There was no explanation or arguments, just a simple position change on the most heinous and far-reaching ballot measure in years.

Endorsements: Local offices

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Endorsements: Local ballot measures

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Proposition A (transit reform)

YES


This omnibus measure would finally put San Francisco in a position to create the world-class transportation system that the city needs to handle a growing population and to address environmental problems ranging from climate change to air pollution. And in the short term it would help end the Muni meltdown by giving the system a much-needed infusion of cash, about $26 million per year, and more authority to manage its myriad problems.

The measure isn’t perfect. It would give a tremendous amount of power to the unelected Metropolitan Transportation Authority, a semiautonomous agency created in 1999 to reform Muni. But we also understand the arguments of Sup. Aaron Peskin — who wrote the measure in collaboration with labor and other groups — that the MTA is free to make tough decisions that someone facing reelection might avoid. And the measure still would give the Board of Supervisors authority to block the MTA’s budget, fare increases, and route changes with seven votes.

We’re also a little worried about provisions that could place the Taxicab Commission under the MTA’s purview and allow the agency to tinker with the medallion system and undermine Proposition K, the 1978 law that gives operating permits to working drivers, not corporations. Peskin promised us, on tape, that he will ensure, with legislation if necessary, that no such thing happens, and we’ll hold him to it.

Ultimately, the benefits of this measure outweigh our concerns. The fact that the labor movement has signed off on expanded management powers for the MTA shows how important this compromise is. The MTA would have the power to fully implement the impending recommendations in the city’s Transit Improvement Project study and would be held accountable for improvements to Muni’s on-time performance. New bonding authority under the measure would also give the MTA the ability to quickly pursue capital projects that would allow more people to comfortably use public transit.

The measure would also create an integrated transportation system combining everything from parking to cabs to bike lanes under one agency, which would then be mandated to find ways to roll back greenhouse gas emissions from transportation sources to 80 percent of 1990 levels by 2012. And to do that, the agency would get to keep all of the revenue generated by its new programs. As a side benefit — and another important reason to vote for Prop. A — approval of this measure would nullify the disastrous Proposition H on the same ballot.

San Francisco faces lots of tough choices if we’re going to minimize climate change and maximize the free flow of people through our landlocked city. Measure A is an important start. Vote yes.

Proposition B (commission holdovers)

YES


Proposition B is a simple good-government measure that ends a practice then-mayor Willie Brown developed into a science — allowing commissioners to continue serving after their terms expire, turning them into at-will appointments and assuring their loyalty.

Members of some of the most powerful commissions in town serve set four-year terms. The idea is to give the members, many appointed by the mayor, some degree of independence: they can’t be fired summarily for voting against the interests (or demands) of the chief executive.

But once their terms expire, the mayor can simply choose not to reappoint or replace them, leaving them in limbo for months, even years — and while they still sit on the commissions and vote, these holdover commissioners can be fired at any time. So their jobs depend, day by day, on the whims of the mayor.

Prop. B, sponsored by the progressives on the Board of Supervisors, simply would limit to 60 days the amount of time a commissioner can serve as a holdover. After that period, the person’s term would end, and he or she would have to step down. That would force the mayor to either reappoint or replace commissioners in a timely manner — and help give these powerful posts at least a chance at independence. Vote yes.

Proposition C (public hearings on proposed measures)

NO


Proposition C sure sounds good: it would mandate that the supervisors hold a hearing 45 days in advance before putting any measure on the ballot. The mayor would have to submit proposed ballot measures for hearings too. That would end the practice of last-minute legislation; since four supervisors can place any ordinance on the ballot (and the mayor can do the same), proposals that have never been vetted by the public and never subjected to any prior discussion often wind up before the voters. Sometimes that means the measures are poorly written and have unintended consequences.

But this really isn’t a good-government measure; it’s a move by the Chamber of Commerce and downtown to reduce the power of the district-elected supervisors.

The 1932 City Charter gave the supervisors the power to place items before the voters as a check on corruption. In San Francisco it’s been used as a check on downtown power. In 1986, for example, activists gathered enough voter signatures to place Proposition M, a landmark measure controlling downtown development, on the ballot. But then–city attorney Louise Renne, acting on behalf of downtown developers, used a ridiculous technicality to invalidate it. At the last minute, the activists were able to get four supervisors to sign on — and Prop. M, one of the most important pieces of progressive planning legislation in the history of San Francisco, ultimately won voter approval. Under Prop. C, that couldn’t have happened.

In theory, most of the time, anything that goes on the ballot should be subject to public hearings. Sometimes, as in the case of Prop. M, that’s not possible.

We recognize the frustration some groups (particularly small businesses) feel when legislation gets passed without any meaningful input from the people directly affected. But it doesn’t require a strict ballot measure like Prop. C to solve the problem. The supervisors should adopt rules mandating public hearings on propositions, but with a more flexible deadline and exemptions for emergencies. Meanwhile, vote no on Prop. C.

Proposition D (library preservation fund)

YES


In the 1980s and early 1990s, San Francisco mayors loved to cut the budget of the public library. Every time money was short — and money was chronically short — the library took a hit. It was an easy target. If you cut other departments (say, police or fire or Muni or public health), people would howl and say lives were in danger. Reducing the hours at a few neighborhood branch libraries didn’t seem nearly as dire.

So activists who argued that libraries were an essential public service put a measure on the ballot in 1994 that guaranteed at least a modest level of library funding. The improvements have been dramatic: branch library hours have increased more than 50 percent, library use is way up, there are more librarians around in the afternoons to help kids with their homework…. In that sense, the Library Preservation Fund has been a great success. The program is scheduled to sunset next year; Proposition D would extend it another 15 years.

If the current management of the public library system were a bit more trustworthy, this would be a no-brainer. Unfortunately, the library commission and staff have been resisting accountability; ironically, the library — a font of public information — makes it difficult to get basic records about library operations. The library is terrible about sunshine; in fact, activists have had to sue this year to get the library to respond to a simple public-records request (for nonconfidential information on repetitive stress injuries among library staff). And we’re not thrilled that a significant part of the library’s operating budget is raised (and controlled) by a private group, Friends of the San Francisco Public Library, which decides, with no oversight by an elected official, how as much as 10 percent of library money is spent.

But libraries are too valuable and too easy a budget target to allow the Library Preservation Fund to expire. And the way to fend off creeping privatization is hardly by starving a public institution for funds. So we’ll support Prop. D.

Proposition E (mayoral attendance at Board of Supervisors meetings)

YES, YES, YES


If it feels as though you’ve already voted on this, you have: last November, by a strong majority, San Franciscans approved a policy statement calling on the mayor to attend at least one Board of Supervisors meeting each month to answer questions and discuss policy. It’s a great idea, modeled on the very successful Question Time in the United Kingdom, under which the British prime minister appears before Parliament regularly and submits to questions from all political parties. Proposition E would force the mayor to comply. Newsom, despite his constant statements about respecting the will of the voters, has never once complied with the existing policy statement. Instead, he’s set up a series of phony neighborhood meetings at which he controls the agenda and personally selects which questions he’s going to answer.

We recognize that some supervisors would use the occasion of the mayor’s appearance to grandstand — but the mayor does that almost every day. Appearing before the board once a month isn’t an undue burden; in fact, it would probably help Newsom in the long run. If he’s going to seek higher office, he’s going to have to get used to tough questioning and learn to deal with critics in a forum he doesn’t control.

Beyond all the politics, this idea is good for the city. The mayor claims he already meets regularly with members of the board, but those meetings are private, behind closed doors. Hearing the mayor and the board argue about policy in public would be informative and educational and help frame serious policy debates. Besides, as Sup. Chris Daly says, with Newsom a lock for reelection, this is the only thing on the ballot that would help hold him accountable. Vote yes on Prop. E.

Proposition F (police pensions)

YES


We really didn’t want to endorse this measure. We’re sick and tired of the San Francisco Police Officers Association — which opposed violence-prevention funding, opposed foot patrols, opposes every new revenue measure, and bitterly, often viciously, opposes police accountability — coming around, tin cup in hand, every single election and asking progressives to vote to give the cops more money. San Francisco police officers deserve decent pay — it’s a tough, dangerous job — but the starting salary for a rookie cop in this town exceeds $60,000, the benefits are extraordinarily generous, and the San Francisco Police Department is well on its way to setting a record as the highest-paid police force in the country.

Now it wants more.

But in fact, Proposition F is pretty minor — it would affect only about 60 officers who were airport cops before the airport police were merged into the SFPD in 1997. Those cops have a different retirement system, which isn’t quite as good as what they would get with full SFPD benefits. We’re talking about $30,000 a year; in the end, it’s a simple labor issue, and we hate to blame a small group of officers in one division for the serious sins of their union and its leadership. So we’ll endorse Prop. F. But we have a message for the SFPOA’s president: if you want to beat up the progressives, reject new tax plans, promote secrecy, and fight accountability, don’t come down here again asking for big, expensive benefit improvements.

Proposition G (Golden Gate Park stables)

YES


This is an odd one: Proposition G, sponsored by Sup. Jake McGoldrick, would create a special fund for the renovation of the historic (and dilapidated) horse stables in Golden Gate Park. The city would match every $3 in private donations with $1 in public money, up to a total of $750,000. The city would leverage that money with $1.2 million in state funds available for the project and fix up the stables.

Supporters, including most of the progressive supervisors, say that the stables are a historic gem and that horseback riding in the park would provide "after-school, summer and weekend activities for families and youth." That might be a bit of a stretch — keeping horses is expensive, and riding almost certainly won’t be a free activity for anyone. But the stables have been the target of privatization efforts in the past and, under Newsom, almost certainly would be again in the future; this is exactly the sort of operation that the mayor would like to turn over to a private contractor. So for a modest $750,000, Prop. G would keep the stables in public hands. Sounds like a good deal to us. Vote yes.

Proposition H (reguutf8g parking spaces)

NO, NO, NO


It’s hard to overstate just how bad this measure is or to condemn strongly enough the sleazy and deceptive tactics that led Don Fisher, Webcor, and other downtown power brokers to buy the signatures that placed what they call "Parking for the Neighborhoods" on the ballot. That’s why Proposition H has been almost universally condemned, even by downtown’s allies in City Hall, and why Proposition A includes a provision that would negate Proposition H if both are approved.

Basically, this measure would wipe out three decades’ worth of environmentally sound planning policies in favor of giving every developer and homeowner the absolute right to build a parking space for every housing unit (or two spaces for every three units in the downtown core). While that basic idea might have some appeal to drivers with parking frustrations, even they should consider the disastrous implications of this greedy and shortsighted power grab.

The city has very little leverage to force developers to offer community benefits like open space or more affordable housing, or to design buildings that are attractive and environmentally friendly. But parking spots make housing more valuable (and expensive), so developers will help the city meet its needs in order to get them. That would end with this measure, just as the absolute right to parking would eliminate things like Muni stops and street trees while creating more driveways, which are dangerous to bicyclists and pedestrians. It would flip the equation to place developers’ desires over the public interest.

Worst of all, it would reverse the city’s transit-first policies in a way that ultimately would hurt drivers and property owners, the very people it is appealing to. If we don’t limit the number of parking spots that can be built with the 10,000 housing units slated for the downtown core, it will result in traffic gridlock that will lower property values and kill any chance of creating a world-class transit system.

But by then, the developers will be off counting our money, leaving us to clean up their mess. Don’t be fooled. Vote no.

Proposition I (Office of Small Business)

YES


Proposition I got on the ballot after small-business leaders tried unsuccessfully to get the supervisors to fund a modest program to create staff for the Small Business Commission and create a one-stop shop for small-business assistance and permitting. We don’t typically support this sort of after-the-fact ballot-box budgeting request, but we’re making an exception here.

San Francisco demands a lot from small businesses. It’s an expensive place to set up shop, and city taxes discriminate against them. We supported the new rules mandating that even small operations give paid days off and in many cases pay for health insurance, but we recognize that they put a burden on small businesses. And in the end, the little operators don’t get a whole lot back from City Hall.

This is a pretty minor request: it would allocate $750,000 to set up an Office of Small Business under the Small Business Commission. The funding would be for the first year only; after that the advocates would have to convince the supervisors that it was worth continuing. Small businesses are the economic and job-generation engines of San Francisco, and this one-time request for money that amounts to less than 1/10th of 1 percent of the city budget is worthy of support. Vote yes on Prop. I.

Proposition J (wireless Internet network)

NO


It’s going to be hard to convince people to vote against this measure; as one blogger put it, the mayor of San Francisco is offering free ice cream. Anyone want to decline?

Well, yes — decline is exactly what the voters should do. Because Proposition J’s promise of free and universal wireless Internet service is simply a fraud. And the way it’s worded would ensure that our local Internet infrastructure is handed over to a private company — a terrible idea.

For starters, San Francisco has already been down this road. Newsom worked out a deal a year ago with EarthLink and Google to provide free wi-fi. But the contract had all sorts of problems: the free access would have been too slow for a lot of uses, faster access wouldn’t have been free, there weren’t good privacy protections, and the network wouldn’t have been anything close to universal. Wi-fi signals don’t penetrate walls very well, and the signals in this plan wouldn’t have reached much above the second floor of a building — so anyone who lived in an interior space above the second floor (and that’s a lot of people) wouldn’t have gotten access at all.

So the supervisors asked a few questions and slowed things down — and it’s good they did, because EarthLink suddenly had a change in its business strategy and pulled out of citywide wi-fi altogether. That’s one of the problems with using a private partner for this sort of project: the city is subject to the marketing whims of tech companies that are constantly changing their strategies as the economic and technical issues of wi-fi evolve.

San Francisco needs a municipal Internet system; it ought to be part of the city’s public infrastructure, just like the streets, the buses, and the water and sewer lines. It shouldn’t rely just on a fickle technology like wi-fi either; it should be based on fiber-optic cables. Creating that network wouldn’t be all that expensive; EarthLink was going to do it for $10 million.

Prop. J is just a policy statement and would have no immediate impact. Still, it’s annoying and wrongheaded for the mayor to try to get San Franciscans to give a vote of confidence to a project that has already crashed and burned, and Sup. Aaron Peskin, the cosponsor, should never have put his name on it. Vote no.

Proposition K (ads on street furniture)

YES


San Francisco is awash in commercialism. With all of the billboards and ads, the city is starting to feel like a giant NASCAR racer. And a lot of them come from Clear Channel Communications, the giant, monopolistic broadcast outfit that controls radio stations, billboards, and now the contract to build new bus shelters in the city with even more ads on them.

Proposition K is a policy statement, sponsored by Sup. Jake McGoldrick, that seeks to bar any further expansion of street-furniture advertising in the city. That would mean no more deals with the likes of Clear Channel to allow more lighted kiosks with ads on them — and no more new bus shelter ads. That’s got Clear Channel agitated — the company just won the 15-year bid to rebuild the city’s existing 1,200 Muni shelters, and now it wants to add 380 more. Clear Channel argues that the city would get badly needed revenue for Muni from the expanded shelters; actually, the contract already guarantees Muni a large chunk of additional funding. And nothing in Prop. K would block Clear Channel from upgrading the existing shelters and plastering ads all over them.

On a basic philosophical level, we don’t support the idea of funding Muni by selling ads on the street, any more than we would support the idea of funding the Recreation and Park Department by selling the naming rights to the Hall of Flowers or the Japanese Tea Garden or the golf courses. On a practical level, the Clear Channel deal is dubious anyway: the company, which runs 10 mostly lousy radio stations in town and gives almost nothing of value to the community, refuses to provide the public with any information on its projected profits and losses, so there’s no way to tell if the income the city would get from the expanded shelters would be a fair share of the overall revenue.

Vote yes on K.

The Guardian 2007 Endorsements

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There’s nothing on the state or national ballot, and there’s not much of a contest in any of the three races in San Francisco. That might spell a low-turnout election. But don’t toss your absentee ballot yet or make plans to be out of town Nov. 6: the mayor’s race has some interesting challengers, and there are a number of important ballot initiatives that could change the direction of the city, particularly on transportation, for years to come.

Click below for our endorsements:

>> Local offices
Mecke, Sumchai, and Chicken John for mayor

>> Local ballot measures
YES on Prop. A, NO on Prop. H, more …..

>> Our unedited interview with Gavin Newsom

>> The Guardian 2007 Election Center
Interviews with and information about the candidates, including Quintin Mecke, Ahimsa Sumchai, Harold Hoogasian, and more. PLUS: Interviews with Chris Daly, Aaron Peskin, Jake McGoldrick and others about the issues at stake in the November 6, 2007, election.

>> Who’s endorsing whom?
Endorsements by other local political bodies

The underground campaign

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Click here for the Guardian 2007 Election Center: interviews, profiles, commentary, and more

› news@sfbg.com

Elections usually create an important public discussion on the direction of the city. Unfortunately, that debate isn’t really happening this year, largely because of the essentially uncontested races for sheriff and district attorney and the perception that Mayor Gavin Newsom is certain to be reelected, which has led him to ignore his opponents and the mainstream media to give scant coverage to the mayoral race and the issues being raised.

To the casual observer, it might seem as if everyone is content with the status quo.

But the situation looks quite different from the conference room here at the Guardian, where this season’s endorsement interviews with candidates, elected officials, and other political leaders have revealed a deeply divided city and real frustration with its leadership and direction.

In fact, we were struck by the fact that nobody we talked to had much of anything positive to say about Newsom. Granted, most of the interviews were with his challengers — but we’ve also talked to Sheriff Mike Hennessey and District Attorney Kamala Harris, both of whom have endorsed the mayor, and to supporters and opponents of various ballot measures. And from across the board, we got the sense that Newsom’s popularity in the polls isn’t reflected in the people who work with him on a regular basis.

Newsom will be in to talk to us Oct. 1, and we’ll be running his interview on the Web and allowing him ample opportunity to present his views and his responses.

Readers can listen to the interviews online at www.sfbg.com and check out our endorsements and explanations in next week’s issue. In the meantime, we offer this look at some of the interesting themes, revelations, and ideas that are emerging from the hours and hours of discussions, because some are quite noteworthy.

Like the fact that mayoral candidates Quintin Mecke and Harold Hoogasian — respectively the most progressive and the most conservative candidate in the race — largely agree on what’s wrong with the Newsom administration, as well as many solutions to the city’s most vexing problems. Does that signal the possibility of new political alliances forming in San Francisco, or at least new opportunities for a wider and more inclusive debate?

Might Lonnie Holmes and Ahimsa Porter Sumchai — two African American candidates with impressive credentials and deep ties to the community — have something to offer a city struggling with high crime rates, lingering racism, environmental and social injustice, and a culture of economic hopelessness? And if we’re a city open to new ideas, how about considering Josh Wolf’s intriguing plan for improving civic engagement, Grasshopper Alec Kaplan’s "green for peace" initiative, or Chicken John Rinaldi’s call to recognize and encourage San Francisco as a city of art and innovation?

There’s a lot going on in the political world that isn’t making the front page of the San Francisco Chronicle. The interviews we’ve been conducting point to a street-level democracy San Francisco–style in all its messy and wonderful glory. And they paint a picture of possibilities that lie beyond the news releases.

THE RIGHT AND THE LEFT


As the owner of Hoogasian Flowers on Seventh Street and a vocal representative of the small-business community, mayoral candidate Hoogasian describes himself as a "sensitive Republican," "a law-and-order guy" who would embrace "zero-based budgeting" if elected. "The best kind of government is the least kind of government," Hoogasian told us.

Those are hardly your typical progressive sentiments.

Yet Hoogasian has also embraced the Guardian‘s call for limiting new construction of market-rate housing until the city develops a plan to encourage the building of more housing affordable to poor and working-class San Franciscans. He supports public power, greater transparency in government, a moratorium on the privatization of government services, and a more muscular environmentalism. And he thinks the mayor is out of touch.

"I’m a native of San Francisco, and I’m pissed off," said Hoogasian, whose father ran for mayor 40 years ago with a similar platform against Joe Alioto. "Newsom is an empty suit. When was the last time the mayor stood before a pool of reporters and held a press conference?"

Mecke, program director of the Safety Network, a citywide public safety program promoting community-driven responses to crime and violence, is equally acerbic when it comes to Newsom’s news-release style of governance.

"It’s great that he wants to focus on the rock star elements, but we have to demand public accountability," said Mecke, who as a member of the Shelter Monitoring Committee helps inspect the city’s homeless shelters to ensure that people are treated with dignity and respect. "Even Willie Brown had some modicum of engagement."

Mecke advocates for progressive solutions to the crime problem. "We need to get the police to change," he said. "At the moment we have 10 fiefdoms, and the often-touted idea of community policing doesn’t exist."

Hoogasian said he jumped into the mayor’s race after "this bozo took away 400 garbage cans and called it an antilitter program." Mecke leaped into the race the day after progressive heavyweight Sup. Chris Daly announced he wasn’t running, and he won the supervisor’s endorsement. Both Hoogasian and Mecke express disgust at Newsom’s ignoring the wishes of San Franciscans, who voted last fall in favor of the mayor attending Board of Supervisors meetings to have monthly policy discussions.

"Why is wi-fi on the ballot [Proposition J] if the mayor didn’t respect that process last year?" Mecke asked.

Hoogasian characterized Newsom’s ill-fated Google-EarthLink deal as "a pie-in-the-sky idea suited to getting young people thinking he’s the guns" while only giving access to "people sitting on the corner of Chestnut with laptops, drinking lattes."

In light of San Francisco’s housing crisis, Hoogasian said he favors a moratorium on market-rate housing until 25,000 affordable units are built, and Mecke supports placing a large affordable-housing bond on next year’s ballot, noting, "We haven’t had one in 10 years."

Hoogasian sees Newsom’s recent demand that all department heads give him their resignations as further proof that the mayor is "chickenshit." Mecke found it "embarrassing" that Sup. Ross Mirkarimi had to legislate police foot patrols twice in 2006, overcoming Newsom vetoes.

"San Francisco should give me a chance to make this city what it deserves to be, " Hoogasian said.

Mecke said, "I’m here to take a risk, take a chance, regardless of what I think the odds are."

ENDING THE VIOLENCE


Holmes and Sumchai have made the murder rate and the city’s treatment of African Americans the centerpieces of their campaigns. Both support increased foot patrols and more community policing, and they agree that the root of the problem is the need for more attention and resources.

"The plan is early intervention," Holmes said, likening violence prevention to health care. "We need to start looking at preventative measures."

In addition to mentoring, after-school programs, and education, Holmes specifically advocates comprehensive community resource centers — a kind of one-stop shopping for citizens in need of social services — "so individuals do not have to travel that far outside their neighborhoods. If we start putting city services out into the communities, then not only are we looking at a cost savings to city government, but we’re also looking at a reduction in crime."

Sumchai, a physician, has studied the cycles of violence that occur as victims become perpetrators and thinks more medical approaches should be applied to social problems. "I would like to see the medical community address violence as a public health problem," she said.

Holmes said he thinks the people who work on violence prevention need to be homegrown. "We also need to talk about bringing individuals to the table who understand what’s really going on in the streets," he said. "The answer is not bringing in some professional or some doctor from Boston or New York because they had some elements of success there.

"When you take a plant that’s not native to the soil and try to plant it, it dies…. If there’s no way for those program elements or various modalities within those programs to take root somewhere, it’s going to fail, and that’s what we’ve seen in the Newsom administration."

Holmes spoke highly of former mayor Art Agnos’s deployment of community workers to walk the streets and mitigate violence by talking to kids and brokering gang truces.

The fate of the southeast sector of the city concerns both locals. Sumchai grew up in Sunnydale, and Holmes lived in the Western Addition and now lives in Bernal Heights. Neither is pleased with the city’s redevelopment plan for the Hunters Point Shipyard. "I have never felt that residential development at the shipyard would be safe," said Sumchai, who favors leaving the most toxic sites as much-needed open space.

Despite some relatively progressive ideas — Holmes suggested a luxury tax to finance housing and services for homeless individuals, and Sumchai would like to see San Francisco tax fatty foods to pay for public health programs — both were somewhat averse to aligning too closely with progressives.

Sumchai doesn’t like the current makeup of the Board of Supervisors, and Holmes favors cutting management in government and turning services over to community-based organizations.

But both made it clear that Newsom isn’t doing much for the African American community.

ORIGINAL IDEAS


The mayor’s race does have several colorful characters, from the oft-arrested Kaplan to nudist activist George Davis to ever-acerbic columnist and gadfly H. Brown. Yet two of the more unconventional candidates are also offering some of the more original and thought-provoking platforms in the race.

Activist-blogger Wolf made a name for himself by refusing to turn over to a federal grand jury his video footage from an anarchist rally at which a police officer was injured, defying a judge’s order and serving 226 days in federal prison, the longest term ever for someone asserting well-established First Amendment rights.

The Guardian and others have criticized the San Francisco Police Department’s conduct in the case and Newsom’s lack of support. But Wolf isn’t running on a police-reform platform so much as a call for "a new democracy plan" based loosely on the Community Congress models of the 1970s, updated using the modern technologies in which Wolf is fluent.

"The basic principle can be applied more effectively today with the advent of the Internet and Web 2.0 than was at all possible to do in the 1970s," Wolf said, calling for more direct democracy and an end to the facade of public comment in today’s system, which he said is "like talking to a wall."

"It’s not a dialogue, it’s not a conversation, and it’s certainly not a conversation with other people in the city," Wolf said. "No matter who’s mayor or who’s on the Board of Supervisors, the solutions that they are able to come up with are never going to be able to match the collective wisdom of the city of San Francisco. So building an online organism that allows people to engage in discussions about every single issue that comes across City Hall, as well as to vote in a sort of straw-poll manner around every single issue and to have conversations where the solutions can rise to the surface, seems to be a good step toward building a true democracy instead of a representative government."

Also calling for greater populism in government is Chicken John Rinaldi (see "Chicken and the Pot," 9/12/07), who shared his unique political strategy with us in a truly entertaining interview.

"I’m here to ask for the Guardian‘s second-place endorsement," Rinaldi said, aware that we intend to make three recommendations in this election, the first mayor’s race to use the ranked-choice voting system.

Asked if his running to illustrate a mechanism is akin to a hamster running on a wheel, Rinaldi elaborated on the twin issues that he holds dear to his heart — art and innovation — by talking about innovative ways to streamline the current complexities that artists, performers, and others must face when trying to get a permit to put on an event in San Francisco.

"I’m running for the idea of San Francisco," Rinaldi said. He claimed to be painting a campaign logo in the style of a mural on the side of his warehouse in the Mission District: "It’s going to say, ‘Chicken, it’s what’s for mayor,’ or ‘Chicken, the other white mayor.’"

He repeatedly said that he doesn’t know what he’s talking about; when we asked him what he’d do if he won, he told us that he’ll hire Mecke, Holmes, Sumchai, and Wolf to run the city.

Yet his comedy has a serious underlying message: "I want to create an arts spark." And that’s something he’s undeniably good at.

THE LAW-ENFORCEMENT VIEW


Sheriff Hennessey and District Attorney Harris aren’t being seriously challenged for reelection, and both decided early (despite pleas from their supporters) not to take on Newsom for the top job. In fact, they’re both endorsing him.

But in interviews with us, they were far from universally laudatory toward the incumbent mayor, saying he needs to do much more to get a handle on crime and the social- and economic-justice issues that drive it.

Hennessey said San Francisco’s county jail system is beyond its capacity for inmates and half of them are behind bars on drug charges, even in a city supposedly opposed to the war on drugs.

"I had this conversation with the mayor probably a year ago," Hennessey said. "I took him down to the jail to show him there were people sleeping on the floor at that time. I needed additional staff to open up a new unit. He came down and looked at the jails and said, ‘Yeah, this is not right.’"

Asked how he would cut the jail population in half, Hennessey — in all seriousness — suggested firing the city’s narcotics officers. He readily acknowledged that the culture within the SFPD is a barrier to creating a real dialogue and partnership with the rest of the city. How would he fix it? Make the police chief an elected office.

"From about 1850 to 1895, the San Francisco police chief was elected," he said. "I think it’d be a very good idea for this city. It’s a small enough city that I think the elected politicians really try to be responsive to the public will."

Hennessey said that with $10 million or $15 million more, he could have an immediate impact on violence in the city by expanding a program he began last year called the No Violence Alliance, which combines into one community-based case-management system all of the types of services that perpetrators of violence are believed to be lacking: stable housing, education, decent jobs, and treatment for drug addiction.

Harris told us so-called quality-of-life crimes, including hand-to-hand drug sales no matter how small, deserve to be taken seriously. But it’s not a crime to be poor or homeless, she insisted and eagerly pointed to her own reentry program for offenders, Back on Track.

More than half of the felons paroled in San Francisco in 2003 returned to prison not long thereafter, reaffirming the continuing plague of recidivism in California. Harris said more than 90 percent of the people who participated in the pilot phase of Back on Track were holding down a job or attending school by the time they graduated from the program. "DAs around the country are listening to what we’re saying about how to achieve smart public safety," she said of the reentry philosophy.

But at the end of the day, Harris is a criminal prosecutor before she’s a nonprofit administrator. And her relationship with the SFPD at times has amounted to little more than a four-year stalemate. Harris and former district attorney Terrence Hallinan both endured accusations by cops that they were too easy on defendants and reluctant to prosecute.

To help us understand who’s right when it comes to the murder rate, Harris shared some telling statistics. She said the rate of police solving homicides in San Francisco is about 30 percent, compared with 60 percent nationwide. And she said she’s gotten convictions in 90 percent of the murder cases she’s filed. Nonetheless, cops consistently blame prosecutors for crimes going unpunished.

"I go to so many community meetings and hear the story," she said. "I cannot tell you how often I hear the story…. It’s a self-defeating thing to say, ‘I’m not going to work because the DA won’t prosecute.’ … If no report is taken, then you’re right: I’m not going to prosecute."

YES AND NO


In addition to the candidates, the Guardian also invites proponents and opponents of the most important ballot measures (which this year include the transportation reform Measure A and its procar rival, Measure H), as well as a range of elected officials and activists, including Sups. Aaron Peskin, Tom Ammiano, Jake McGoldrick, Mirkarimi, and Daly.

Although none of these people are running for office, the interviews have produced heated moments: Guardian editor and publisher Bruce B. Brugmann took Peskin and other supervisors to task for not supporting Proposition I, which would create a small-business support center. That, Brugmann said, would be an important gesture in a progressive city that has asked small businesses to provide health care, sick pay, and other benefits.

Taxi drivers have also raised concerns to us about a provision of Measure A — which Peskin wrote with input from labor and others and which enjoys widespread support, particularly among progressives — that could allow the Board of Supervisors to undermine the 29-year-old system that allows only active drivers to hold valuable city medallions. In response, Peskin told us that was not the intent and that he is already working with Newsom to address those concerns with a joint letter and possible legislation.

"If San Francisco is going to be a world-class city, it’s got to have a great transportation infrastructure," Peskin told us about the motivation behind Measure A. "This would make sure that San Francisco has a transit-first policy forever."

Measure A would place control of almost all aspects of the transportation system under the Metropolitan Transportation Commission and give that panel more money and administrative powers in the process, while letting the Board of Supervisors retain its power to reject the MTA’s budget, fare hikes, or route changes. He also inserted a provision in the measure that would negate approval of Measure H, the downtown-backed measure that would invalidate existing city parking policies.

Ironically, Peskin said his approach would help prevent the gridlock that would result if the city’s power brokers got their wish of being able to build 10,000 housing units downtown without restrictions on automobile use and a revitalization of public transit options. As he said, "I think we are in many ways aiding developers downtown because [current development plans are] predicated on having a New York–style transit system."

Asked about Newsom’s controversial decision to ask for the resignations of senior staff, Peskin was critical but said he had no intention of having the board intervene. McGoldrick was more animated, calling it a "gutless Gavin move," and said, "If you want to fire them, friggin’ fire them." But he said it was consistent with Newsom’s "conflict-averse and criticism-averse" style of governance.

McGoldrick also had lots to say about Newsom’s penchant for trying to privatize essential city services — "We need to say, ‘Folks, look at what’s happening to your public asset’" — and his own sponsorship of Proposition K, which seeks to restrict advertising in public spaces.

"Do we have to submit to the advertisers to get things done?" McGoldrick asked us in discussing Prop. K, which he authored to counter "the crass advertising blight that has spread across this city."*

The Nation blasts SF Weekly’s parent

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By Tim Redmond

Long, detailed article in the Nation this week by John Wiener on how sharply the LA Weekly has declined since Village Voice Media, the parent company of SF Weekly, took over.

It’s exactly what a lot of us predicted: No more endorsements. No more progressive politics. No more reporting or commentary on the war in Iraq. Sad.

Cllint Reilly debuts a new form of newspaper column–the antitrust special

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By Bruce B. Brugmann

Last Tuesday June 5, a mysterious column popped up in the ll Singleton/Media News dailies that ring the bay. It was the debut of Clint Reilly and the first of l56 weekly columns that he will write for the Singleton papers, according to the terms of the Reilly/Hearst/Singleton antitrust settlement.

A “paid advertising” line adorns the top of the column, but Reilly says he will get no bills and won’t pay them if he does. At the bottom of the column is an identification that Reilly wrote himself: “Clint Reilly is a San Francisco businessman and commentator on public affairs. The views expressed in this column are Clint’s alone and do not represent the views of MediaNews or any MediaNews paper.”

Riley writes about how Bill Honig 25 years ago this June won election as state superintendent of public instruction, against incumbent Wilson Riles, a popular superintendent, because of the power of newspaper endorsements.
Riley managed Honig’s campaign. He writes that “newspaper endorsements cut through the confusing array of promises and attacks and offer a seemingly objective evaluation based on the public interest.”

Why didn’t he point out that the newspaper landscape has changed, as his suit charged, and that voters today would be faced with a conservative Singleton dailies and the Chronicle/Hearst? Why didn’t he write about his suit? Or explain why his picture and column were mysteriously appearing simultaneously on Tuesday in ll regional dailies?

“I have l55 columns to go,” Riley told me. B3

Click here to read Reilly’s editorial.

Why I’m with Carole Migden

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OPINION With the election on the horizon, declared candidates have hired their campaign consultants, tested the field with expensive polls, and hit the city’s political club circuit hoping to lock up early endorsements. Unfortunately, the race getting the bulk of the attention is not San Francisco’s political watermark, November’s mayoral contest. It’s not even the new super-duper Tuesday presidential primary in February. As crazy as it may seem, the election getting the most attention in San Francisco right now is the June 2008 California State Senate primary.

After several months of polling and speculation, on March 2 Assemblymember Mark Leno announced that he would be challenging former ally and incumbent senator Carole Migden.

Make no mistake about it: Migden is one of the most fearsome politicians in Sacramento. She knows how to stand up to the governor, and she has a long list of progressive accomplishments, including authoring the state Clean Water Act, enabling local governments to do community choice aggregation, and protecting the vulnerable from predatory lending. Migden is already endorsed by progressive supervisors Jake McGoldrick and Gerardo Sandoval, progressive school board commissioner Eric Mar, former president of the Board of Supervisors Harry Britt, and progressive activists Debra Walker and Michael Goldstein. She’s also up double digits, so it’s time we call this one for Migden and get on with the job of putting a progressive in the Mayor’s Office.

Progressives know that to defeat Mayor Gavin Newsom this year, we will have to mount a significant and focused grassroots campaign. Any distractions will be costly. Migden-Leno is clearly a major distraction. Leno’s challenge takes both Leno and Migden off the progressive list of possible mayoral candidates. And more important, progressive energy, volunteers, and money that should be going into the effort to defeat Newsom will be gobbled up by the State Senate race.

Leno’s longtime political consulting firm, Barnes, Mosher, Whitehurst, and Lauter, is probably best known for its role in successfully challenging San Francisco’s soft-money regulations and then managing the record-shattering $3.2 million soft-money operation to reelect Mayor Willie Brown in 1999. BMW went on to help elect Newsom in 2003.

BMW not only provides the money and operations to get its candidates elected; the firm also — by its own proud account — seeks to influence these elected officials to get deals done for its corporate clients.

One of BMW’s biggest corporate clients is the Golden Gate Restaurant Association, which opposed San Francisco’s minimum-wage and paid-sick-leave laws and is now suing the city to stop it from enacting our universal health care plan. Progressives shouldn’t allow Leno and BMW to advance up the political ladder. *

Chris Daly

Supervisor Chris Daly represents District 6.

Next week: "Why we’re with Mark Leno," by Theresa Sparks and Cecilia Chung.

Stop getting things done

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> annalee@techsploitation.com

TECHSPLOITATION Among business-oriented tech nerds, there is an acronym that is a cult: GTD. It stands for "getting things done," and it comes from the title of a popular time-management book by productivity coach David Allen. Not only has Allen turned GTD into a multimillion-dollar consulting and advice business, but he’s also infected the hearts and minds of an entire generation trying to work as fast as the processors in their computers do. At its heart, the GTD philosophy is simple: list your tasks ahead of time, and complete them as systematically as possible. In the end, you’ll work more quickly, zooming through your life the way you zoom through your e-mail in-box.

But for those of us who confront bulging e-mail boxes and multiple, multistage projects every morning, GTD can become a freaky addiction. We’re never fast enough. That’s why some GTD solutions go beyond the friendly kind you’ll see on productivity blogs such as Lifehacker and 43 Folders, which are devoted to finding ingenious, technical solutions to get around work-blocking procrastination.

Possibly the weirdest example of extreme GTD can be found in a recent book, The 4-Hour Workweek: Escape the 9-5, Live Anywhere, and Join the New Rich, by a guy named Tim Ferriss. The book combines two biz-geek obsessions, saving time and getting rich, which is probably why his Web site lists endorsements from tons of people, including "Lazer Tag consultant" Stephen Key and Firefox cofounder Blake Ross.

I met Ferriss, an affable if slightly overenthusiastic fellow, at the South by Southwest Interactive conference. His book hadn’t come out yet, but he was already trying to convert the masses to his "lifestyle design" solution. Unlike a typical GTD plan, his book is also about glamor: he preaches the art of taking "mini-retirements," trips to different countries where you can have fun while still working occasionally (this is after you’ve somehow convinced your bosses to let you work remotely).

At various points while reading Ferriss’s book I was reminded of Steve Martin’s old routine "How to Make a Million Dollars and Not Pay Taxes." His solution? First make a million dollars. And then when the tax people come around, just tell them you forgot to pay. It sounds good, but the problem is implementation. In a chapter called "Outsourcing Your Life," Ferriss tips you off to his best time-saving solution: hire cheap labor in the developing world to save yourself time and money. In fact, this is eerily like all of his solutions, such as living in Thailand while working for a US company to give yourself a mini-retirement and grow richer.

Ferriss’s GTD plan is so extreme that it winds up revealing the dark side of productivity mania. Many of his time-saving techniques depend on making other people work more. For example, Ferriss interviews a guy for his book who saves time by hiring staffers at a company in Bangalore who do all his research for him, answer his e-mails, and even send his wife an apology when the two of them have a fight. Suddenly, this guy has a lot more time and feels more productive. I’m not sure that when GTD guru Allen writes about delegating tasks he means that you assign your work to other people. Ferriss’s GTD fiends may be getting four-hour workweeks, but it’s only because three women in Bangalore are working 70 hours a week.

My fantasy, on considering the extreme end of GTD culture, is that more and more people will begin following Ferriss’s advice. Get things done by outsourcing all your work to the developing world, so that soon women in Bangalore and China have access to all your personal correspondence, financial data, and work-related activities. This could possibly create the conditions for the first-ever bloodless but violent revolution. One day, people in the United States and Europe will discover that all their data is in the hands of angry workers who want to do the GTD thing their own way. They want their own four-hour workweeks, and they’re going to use all your data to get them.

It would be the perfect demise for a data-obsessed, time-obsessed culture. Deprived of our data, we’ll have all the time in the world. But of course, if we want to live, we’ll have to start working again. And this time we’ll have to work the old-fashioned way: by doing it ourselves. *

Annalee Newitz is a surly media nerd who saves time by talking and sticking her feet in her mouth at the same time.

Still censored: the story and debate on the impacts of media consolidation in the Bay Area

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By Bruce B. Brugmann

For years, the Guardian has been publishing on its front page the “Project Censored” story, a list and story of the most “censored” stories of the past year as compiled by Project Censored, a respected 30-year-old media research project at Sonoma State University. We always include our local version of major stories the local mainstream media miss and note that they always “censor” the big local stories involving their own papers. And of course the mainstream press makes the story even better by “censoring” the Project Censored story every year.

The latest “censored” story, as attentive readers of the Bruce blog know, is
the story of the terrible impact of media consolidation in the Bay Area and the documents of secrecy, stonewalling, and collaboration that the nation’s biggest chains are using to censor and obfuscate the story.

This morning April l6, on the widely read Romenesko media newsletter on the Poynter Institute website,
an important story was posted that made the censorship point in 96 point Garamond Bold.
It was headlined “The Crisis of Consolidation in Bay Area News Media” and laid out in a telling argument that the Hearst/Singleton consolidation would mean that “coverage of virtually every level of government, education, sports, criminal justice, arts and business would be in the hands of one organization with a single set of principles, perspectives and purposes. This is the situation one expects in a totalitarian regime, not in pluralistic America.”

This is the kind of commentary that ought be a regular feature of every daily paper and major broadcast station in the Bay Area. The Hearst/Singleton deal ought to be a major running story in the local media. How many regional stories will be covered by one reporter? Will there be real Washington and Sacramento bureaus? Will there be a joint line on editorial policy and endorsements? Will the same candidates get the endorsements for president, U.S. Senate, the House, and other state and local political offices? How much will local news suffer? Will one critic cover a show or opening for all the papers? How many sports writers will be covering the Giants, Athletics, and 49ers? Who will cover all those local meetings? How can any of the papers be real local watchdogs? There ought to be informed discourse and debate on such serious impact questions, but there isn’t and there most likely won’t be in the monopolizing press.

Instead, the crisis commentary was written by the former political editor of the San Jose Mercury News, Philip J. Trounstine. He wrote the commentary as a consultant to plaintiff Clint Reilly in his antitrust trial in federal court aimed at blocking the monopoly deal. Trounstine was also the former communications director for Gov. Gray Davis and is the founder and director of the Survey and Policy Institute at San Jose State University.

So there you have it: the Hearst and Singleton press that owns all the daily papers from Vallejo to Santa Cruz refuse to do the story on the impact of the deal. Citizen Reilly has to sue to get the story out and bring in Trounstine to do an analysis of the impact. The analysis gets out only by being posted on the Grade the News.com, a media watchdog site, and picked up by Romenesko and the Bruce blog.

Trounstine ends with a crucial point: “The tragedy for the public interest is that instead of reallocating resources to increased local coverage, newspapers across the country and throughout the region are instead using the economic gains made from consolidation for short-term gains in profitability.

“With no meaningful daily competition on significant regional and statewide stories, there is no pressure on news operations to intensify coverage of any issue or event. Just the opposite in fact: consolidation ushers in the decline in the range and depth of information that citizens need to make intelligent civic decisions.”

Now, out of embarrassment or principle, will any Hearst or Singleton or Gannett or Stephens paper anywhere in the U.S. run Trounstine or do a comparable story on the Hearst/Single consolidation and its toxic impact on one of the most liberal and civilized regions in the world.? Let me know. Stay alert. B3

Healthy Saturdays gaining ground

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By Steven T. Jones
Environmentalists and alternative transportation activists are winning some key endorsements in the run up to next month’s second annual Healthy Saturdays showdown. Mayor Gavin Newsom vetoed the Golden Gate Park road closure to cars last year and doesn’t seem interested is pushing for a compromise on a measure he criticizes as too polarizing (ironically, his detachment from the issue is precisely what’s feeding the polarization). But last year’s swing vote on overrriding the veto, Sup. Bevan Dufty, has indicated an openness to supporting it this year. And that became all the more likely last night when the San Francisco Democratic Party County Central Committee (DCCC) endorsed the measure. They join other key Dufty allies in endorsing the measure, including the Harvey Milk Democratic Club and Alice B. Toklas Democratic Club, as well as the Young Democrats club and both Senate contenders: Mark Leno and Carole Migden. The first committee hearing on the measure is April 9.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

Editor’s Notes

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› tredmond@sfbg.com

I don’t think anyone has seriously challenged an incumbent San Francisco Democrat for a seat in the state legislature while I’ve lived here, and that’s going on 25 years. So we all know that the race between Mark Leno, the challenger, and Carole Migden, the state senator, marks a change in local politics.

For one thing, it’s a major race, for a key political position — and there’s no official establishment candidate. Both Leno and Migden have ties to some very powerful interests in town; both of them will be able to raise a lot of money and line up an impressive list of endorsements. But as we saw from Leno’s campaign kickoff March 2, the political split is going to be highly unusual in a town where grassroots progressives versus the downtown machine has been pretty much the political mantra for a generation.

Five years ago, when then-supervisor Leno and former supervisor Harry Britt fought for the open District 13 assembly seat, it wasn’t hard to take sides. The progressives were behind Britt (and so was Migden); the moderates, the business types, and kingmaker Willie Brown were behind Leno. But Leno has moved considerably to the left over the past few years and has been a good legislator. A lot of the former Britt supporters may well wind up in his camp this time around.

At his kickoff, though, that wasn’t what you saw: District Attorney Kamala Harris was by his side, along with Treasurer Phil Ting, Assemblymember Fiona Ma, and San Francisco Public Utilities Commission boss Susan Leal. Harris and Leal are decent people who have taken some good progressive stands, but they aren’t exactly a definitive lineup of San Francisco’s left leadership. Ma was a horrible supervisor. Community college board member Natalie Berg is nothing if not an old machine hack.

Migden isn’t exactly pals with everyone on the left in this town either: she pissed off a lot of party activists by supporting Steve Westly over Phil Angelides for governor (although she could certainly argue now, given Angelides’s rather poor showing, that the centrist Westly was a more practical choice). And she’s been far less visible in town than Leno, who really works the San Francisco constituency.

Neither Leno nor Migden has done anything remotely close to what Brown and Phil and John Burton did in their days in the state legislature (and later Congress). The level of fear and intimidation from the top dogs in the Democratic Party is well on the wane.

It’s going to be hard for local politicians to make a choice in this race — but not because they fear the consequences of defying one side or the other. Frankly, if you’re a member of the San Francisco Board of Supervisors or the school board or community college board, or a prominent fundraiser in the Democratic Party, neither Migden nor Leno is terribly scary.

This is a good thing. We’re making progress.

For the grassroots activists who will be propelling the campaigns on the ground, the challenge will be not just to promote their own candidates but to avoid a queer-left schism that will last beyond the election. Queer-labor activist Robert Haaland has a proposal, which is posted on the politics blog at www.sfbg.com: he suggests that everyone — not just the candidates but also their supporters — promise not to resort to sleazy attacks and to remember that we will all have to work together another day. Migden and Leno have both signed on. Now let’s see if they can force their campaign consultants and political allies to get with the program.

That would be progress indeed. *

No pass for Newsom

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EDITORIAL Mayor Gavin Newsom may tell the media that he’s not sure he wants his job anymore, but the reality is that he’s been running for reelection for months. His campaign team is in place, the fundraising is about to kick into high gear, and when 2007 dawns Newsom will start to line up endorsements, put money in the bank, and do everything possible to clear the field. That’s not just a campaign consultant’s fantasy: right now there’s no clear, obvious opponent for a mayor whose poll ratings are almost unimaginably high.
But Newsom can’t be allowed to run without any credible opponent. Somebody has to challenge Newsom — and it’s not as impossible as it might seem.
As Steven T. Jones reports (“Blood in the Water,” page 12), Newsom’s popularity is broad but not terribly deep. He’s got a lot of feel-good political capital that dates back to the same-sex marriage days, but there are a lot of really serious problems facing the city — and when you get right down to it, Newsom hasn’t done a hell of a lot to address any of them. For the past year San Francisco politics and public policy have been driven by the Board of Supervisors, with the mayor reacting. Other than cutting welfare payments for homeless people, it’s hard to think of a single major local initiative that the mayor has taken on. He certainly hasn’t ended homelessness. He hasn’t brought down the violent crime level. He hasn’t improved Muni. He hasn’t done much to create jobs and clearly hasn’t made the city a better place for small locally owned independent businesses.
He’s letting developers call the shots at the Planning Department, letting landlords drive housing policy, following the lead of some very bad actors downtown on education, and letting the city’s structural budget problems fester.
In 2003, Newsom was a strong front-runner from day one and beat back a dramatic challenge from Matt Gonzalez, in part because he had so much money. This time around, money may not be the deciding factor: with public financing in place, a candidate who can raise a respectable sum (a few hundred thousand, not a few million) will be able to mount a competitive effort. And with ranked-choice voting (RCV), several candidates challenging Newsom from different perspectives might leave the mayor unable to pull together a clear majority. (If RCV had been in place in 2003, it’s entirely possible, if not likely, that Gonzalez would have been elected mayor.)
The list of people who have either talked about running or are being pushed by one interest group or another is long, and some of the strongest potential challengers seem to be biding their time. It’s true that the filing deadline isn’t until August, and in both 1999 and 2003 late entrants in the progressive camp made the best showings.
Still, if Newsom has the field to himself all spring and summer and nobody challenges his statements, questions his record, or offers people an alternative, the incumbent will try to anoint himself as the inevitable winner.
So at the very least, progressives need to make sure the mayor isn’t allowed to coast this spring. The supervisors need to keep pushing issues like police reform. They need to make sure the budget hearings point up the mayor’s real priorities. And elected officials and civic activists should hold off on endorsing Newsom by default, unless and until he presents some evidence that he’s going to do a lot better in the next four years than he’s done in this term.

Newsom should comply with Prop. I

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OPINION Much has been said about Mayor Gavin Newsom’s stunning defeat at the ballot Nov. 7. Newsom’s slate of endorsements went down in flames — from supervisorial candidates Rob Black and Doug Chan to the contenders he hoped would take control of the school board to a host of progressive ballot propositions, including worker sick leave and relocation assistance for evicted tenants. Every incumbent supervisor was also reelected, indicating an overall approval level of the Board of Supervisor’s performance. And the voters took a further unprecedented step with the passage of Proposition I, which asked the mayor to appear before the board in person once a month to discuss city policy. The voters sent a clear message that they want the mayor to work with the supervisors rather than against them.
Will Newsom respect the mandate and comply with Prop. I? It’s anyone’s guess right now. The measure is not legally binding, and he vehemently opposed it. Here are five reasons why Newsom should comply with Prop. I:
1. The voters asked him to. Newsom claims to care about the will of the voters. He cited the “will of the voters” as his basis for vetoing a six-month trial of car-free space in Golden Gate Park — even though a trial has never been voted on. Will he respect the voters this time?
2. The status quo is not working. The homicide rate, traffic deaths, and Muni service have gotten worse every year under the Newsom administration. Commissioners aren’t being appointed on time, police reform is off track, promised low-income housing is delayed, all bicycle improvements are on hold, and our roads are falling apart. Popular public events such as the North Beach Jazz Fest are under attack by a city government that can’t keep Halloween revelers safe. Meanwhile, the mayor focuses on political damage control related to his apparent loss of the 49ers in 2012 and the Olympics in 2016.
3. Newsom consistently opposes ideas coming from the Board of Supervisors but doesn’t seem to have any of his own. The homicide rate is at an all-time high and keeps getting worse. But Newsom has opposed every significant measure proposed by the supervisors, including funding for homicide prevention and assistance for victims’ families via Proposition A, as well as police foot patrols. Fare hikes and service cuts haven’t solved Muni’s problems, but Newsom sided with the local Republican Party in opposing Proposition E, which would have provided much-needed funding for Muni through an incremental increase in the car parking tax.
4. Newsom has been missing in action too long. The mayor spent almost the full first three years of his four-year term fundraising around the country to pay off his 2003 campaign debts. This busy fundraising schedule, combined with the demands of his relentless PR machine, has sent the mayor chasing photo ops in China; Italy; Washington, DC; Los Angeles; Chicago; New York; and a host of other places. The majority of the voters are now siding with progressives, the Guardian, and even the San Francisco Chronicle in asking “Where is the mayor?”
5. The voters asked him to. Really, that should be enough. No? SFBG
Ted Strawser
Ted Strawser is the founder of the SF Party Party.

Clint Reilly wins a big one against Hearst and Singleton. Fighting to keep one newspaper towns from becoming a one newspaper region.

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By Bruce B. Brugmann

On April 26, 2006, the McClatchy newspapers and the Chronicle/Hearst and MediaNews/Singleton publicly announced a complex series of transactions that resulted in Singleton owning three major Bay Area dailies (Contra Costa Times, San Jose Mercury News, and the Monterey Herald) that had been previously owned by Knight-Ridder and then McClatchy.

On the same day, April 26, 2006, Hearst and Singleton secretly signed a key centerpiece deal that set up a secret arrangement between Hearst and Singleton that in effect would allow them to join forces, destroy daily competition in the Bay Area, and establish a regional monopoly for the duration.

The key point: the two big publishing chains from New York and Denver lied in effect about the monopolizing features of their deal, and in effect concealed key evidence in the Clint Reilly antitrust case, according to Federal Judge Susan Illston. And then the two chains, who love to holler about freedom of the press and government suppression of documents, moved to keep the documents under seal, including the incriminating letter outlining the monopoly agreement. Their coverage amounts largely to rummy little business stories buried deep in their papers.

Illston neatly skewered the Hearst/Singleton lie that their deal was harmless and would not interfere with vigorous competition between the two companies. Illston quoted the April 26 letter, which she pointed out was not disclosed in the first hearing on a request for a temporary restraining order. (Alioto got the letter in discovery. It is an even bigger bombshell than his charge in the first Reilly trial that Hearst was “horesetrading” favorable coverage for political favors with then Mayor Willie Brown and others to get political help on its moves to create a morning monopoly.)

The letter of agreement was from Hearst Corporation Vice President James Asher to Joseph Lodovic, president of MediaNews. She quoted “in pertiment part” these statements: “The Hearst Corporation and Media News Group agree that they shall negotiate in good faith agreements to offer national advertising and internet advertising sales for their San Francisco Bay Area newspapers on a joint basis, and to consolidate the San Francisco Bay area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitations required to ensure compliance with applicable law.

“In addition, Hearst and MediaNews agree that, with respect to the newspapers owned by each of them on the date of this letter, they shall work together in good faith to become affiliated with the networks operated by Career Builder…and Classified Ventures) on the same terms, and each of Hearst and MediaNews further agrees that neither of them shall enter into any agreement, arrangement, or understanding to participate in Career Builder or
Classified Ventures or their respective networks with respect to such newspapers unless the other party is offered the opportunity to participate on identical terms…”

Illston quoted extensively from the “secret” letter, but the Guardian and nobody else can see the letter, oor the supporting documents and depositions, that would further flesh out monopoly deal. That is a terrible position, let me emphasize, for big daily chains to be taking in federal court these days.

Illston said the letter “casts serious doubt on several key findings underlying” her previous order denying a temporary restraining order. She said that she had previously accepted Hearst arguments that “Hearst’s involvement in the transactions was solely that of a passive investor.” But she continued, “Though (Hearst and Singleton) offered no explanation why Hearst was willing to finance an acquisition that would only make competition stronger, the Court did not understand that Hearst expected, or would receive, any quid pro quo. However, the April 26 letter suggests, at the very least, that Hearst’s involvement was specifically tied to an agreement by MediaNews to limit its competition with Hearst in certain ways.”

This “cooperation” between Hearst and Singleton, she said, was “in fact, quid pro quo for Hearst’s assistance to MediaNews in acquiring two of the Bay Area papers.” (The quid pro quo was also a $300 million Hearst investment in Singleton, which I think might evaporate should Illston ultimately nix or water down the deal.) Illston also said the letter indicated that the Chronicle may not continue to be “strong competition” for the other Bay Area papers.

Had the letter been disclosed to the court, she said, it would have “affected the court’s analysis of the McClatchy-MediaNews-Hearst transactions in this case.” Summing up, she stated that “such agreements, the mere existence of the letter, and the cooperation between Hearst and MediaNews they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal.”

And so she granted a temporary restraining order in part and temporarily restrained and enjoined Hearst and Singleton from entering into any agreements “of the nature described in the April 26 letter, including agreements to offer national advertising sales for their San Francisco Bay Area newspapers on a joint basis, and consolidation of the Bay Area distribution networks for their papers.” She ordered Hearst and Singleton to show cause at a Dec. 6 hearing why she should not impose a preliminary injunction. Quite an opinion.

As an antitrust attorney told us after reading the opinion, “How the hell does Joe Jr. keep getting the Hearst people to lie under oath, then cough up the documents that prove it? Haven’t they figured out that judges don’t react well to that little character flaw?”

Implicit in all of this is Brugmann’s Law of Journalism: where there is no economic competition, there is no news or editorial competition. Suddenly,for the first time ever by the terms of the proposed deal, daily competition would be eliminated and one of the most liberal and civilized areas of the world would be firmly under the monopoly thumb of conservative billionaires from New York and Denver. The result would give ad rates a monopoly boost, gut and centralize editorial staffs, make editorials and endorsements ever more uniform and conservative, and send all profits out of town on a conveyor belt to headquarters to buy more properties. The carnage is well underway (note our stories and those carried on ChainLinks, the newspaper guild publication)

Illston should disclose the letter and other documents in open court. And the U.S. Justice Department and California Attorney General should awake from their long naps and jump into this case and stop this secretive march to regional monopoly. Meanwhile, thank the Lord for Reilly and Alioto. Keep on rolling. B3, celebrating San Francisco values since l966

P.S. We are running lots of material on this story, including the judge’s order, because it amounts to a “censored” story in the mainstream media. Each year, as the local part of our Project Censored package, we cite the monopolization of the press story. We will follow the current version along in the Guardian and the Bruce blog. Send us your comments and evidence of Eurekas or Censored material. (See previous blogs)

The morning after by G.W. Schulz
While drunk on big newspaper purchases, Dean Singleton promised competitive papers and no layoffs. Now he’s swinging the ax, cutting deals with Hearst, and decimating local news coverage

Judge slams daily-paper chains by Tim Redmond
With a federal court ruling exposing a secret plan by Hearst and Singleton to join forces and end competition, the federal and state Justice Departments should intervene – and all records in the case should now be open

More on Singleton by G.W. Schulz

Read the judge’s decision
Judge Susan Illston’s ruling on Hearst-MediaNews collaboration