Ethics

Locking up the press

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› sarah@sfbg.com

On Aug. 20 the San Francisco Chronicle reported that video blogger Josh Wolf, who spent 226 days in federal prison in 2006 for refusing to testify before a grand jury and hand over his video of a protest turned violent, had begun working as a reporter with the Palo Alto Daily Post.

"Video blogger gets job as ‘real journalist,’<0x2009>" crowed the headline.

The article noted that some critics believe Wolf was a protest participant and not an impartial news gatherer, and accurately observed that his case fueled the debates over what defines a reporter and who deserves to be protected by the reporter’s privilege to protect confidential sources.

But it failed to mention that one of Wolf’s harshest critics was Chronicle columnist Debra Saunders, nor did it clarify that in recent years several federal courts have found that reporters — all reporters, even from major newspapers — can be forced to testify before grand juries.

California doesn’t allow its courts to compel journalists to reveal unpublished information, but the federal government has no such shield law. That’s why prosecutors could jail New York Times reporter Judith Miller, charge Chronicle reporters Lance Williams and Mark Fainaru-Wada with contempt, and slap USA Today‘s Toni Locy with hefty fines — all for refusing to disclose confidential sources and materials.

And as reporters continue to face contempt charges in federal court cases nationwide, Congress has been considering two very different versions of a federal shield bill.

These two versions take widely varying approaches toward who and what is protected. And thanks to Senate Republicans, who blocked all business not related to energy legislation before Congress’ August recess, a vote on the Senate bill did not occur at the end of July.

As a result, if the Senate doesn’t act by the end of September, both versions of the federal shield will likely die. And, depending on whom you talk to, that may or may not be a good thing.

The Free Flow of Information Act of 2007 (HR 2102), which the House of Representatives passed in October of that year, only protects journalists if their work is done for a substantial portion of the person’s livelihood or for substantial financial gain. In other words, no protection for Wolf, for most bloggers, or for many freelancers.

The good news is that the House bill extends protections to any documents or information obtained during the newsgathering process.

By comparison, the Senate bill (S 2035) only protects the identity of confidential sources, and any records, data, documents, or information obtained under a promise of confidentiality.

The Senate shield would cover any journalist who "engages in the regular gathering, preparing, collecting, photographing, recording, writing, editing, reporting, or publishing of news or information that concerns local, national, or international events or other matters of public interest for dissemination to the public."

But it no longer requires the government to prove by preponderance of evidence that the information it seeks is essential, or that it has exhausted all other methods. And it makes more difficult any challenge by the reporter, based on whether the information involved is "properly classified" or whether its disclosure would harm national security.

It also expands the list of exceptions for which protection would be precluded: if disclosure could prevent criminal activities, terrorism, kidnapping, or imminent death or bodily harm; identify a person who has released some categories of private business and medical information; and where reporters witness criminal or tortuous conduct.

"I can’t overstate how much better the House bill is," Lucy Dalglish, executive director of the Reporters Committee for Freedom of the Press, told the Guardian.

Although Dalglish is hopeful Senate Majority Leader Harry Reid (D-Nev.) will schedule the bill for a vote, she fears there won’t be enough time for a conference committee to iron out the differences between the two bills before the end of September, which means that only one version will have a chance of passing into law.

"My guess is that it will be the Senate bill, because the House will pass the Senate bill in a heartbeat, but the Senate will never pass the House bill," Dalglish observed.

Reached on break from his reporter gig, Wolf voiced his opposition to the Senate bill. "A shield law riddled with holes is no shield at all," Wolf said.

"It boggles my mind that any journalist could support the bill the way it is written," said Wolf, who would like to see a common law reporter privilege similar to the one for psychiatrists and therapists. "This is a shield law, in which, as best as I can tell, every single federal contempt case is carved out as an exception," Wolf opined.

While Dalglish acknowledges that the Senate shield only addresses subpoenas that seek to identify confidential sources (about 20 percent of subpoenas), she believes the Chronicle‘s Williams and Fainaru-Wada would have been protected, as would Locy.

"But Josh [Wolf] would not have been covered because he was not protecting confidential sources, and Judith Miller would have had a shot, though her case would have a more difficult time because of national security implications," Dalglish said. "And while by far the most subpoenas don’t have to do with confidential sources, they are the holy grail of journalism ethics, and you certainly have to, at a minimum, protect them — and the Senate bill is minimal."

Dalglish believes that both the Senate and House bills would allow the truthful, accurate, and independent gathering of information to go public, so the public could use this information at ballot boxes and in city halls, and ensure that people who have information to share could share it with reporters and the public.

"It’s not about protecting reporters," Dalglish added. "Reporters are not that special, in any shape or form. It’s about protecting the right of reporters to freely work on the public’s behalf, without being viewed as agents of the US Attorney."

Noting that the law in the Senate is not going to change what happened to Wolf in that instance because he was not protecting a confidential source, Dalglish’s message for reporters facing subpoenas, first and foremost, is: "Resist, tell them you don’t have it.

"Your obligation is to be independent, not an agent of the government," he continued. "So take your video, put it on a Web site, and make sure the public gets to see it at same time as the US Attorney."

McCain’s dangerous choice

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ByBruce B. Brugmann

Yes, McCain’s choice for vice-president is a dangerous one. Here’s the best summary I’ve seen demonstrating just how dangerous, from MoveOn.org. B3

Dear MoveOn member,
Yesterday was John McCain’s 72nd birthday. If elected, he’d be the oldest president ever inaugurated. And after months of slamming Barack Obama for “inexperience,” here’s who John McCain has chosen to be one heartbeat away from the presidency: a right-wing religious conservative with no foreign policy experience, who until recently was mayor of a town of 9,000 people.

Huh?

Who is Sarah Palin? Here’s some basic background:

She was elected Alaska’s governor a little over a year and a half ago. Her previous office was mayor of Wasilla, a small town outside Anchorage. She has no foreign policy experience.1

Palin is strongly anti-choice, opposing abortion even in the case of rape or incest.2

She supported right-wing extremist Pat Buchanan for president in 2000. 3

Palin thinks creationism should be taught in public schools.4

She’s doesn’t think humans are the cause of climate change.5

She’s solidly in line with John McCain’s “Big Oil first” energy policy. She’s pushed hard for more oil drilling and says renewables won’t be ready for years. She also sued the Bush administration for listing polar bears as an endangered species—she was worried it would interfere with more oil drilling in Alaska.6
How closely did John McCain vet this choice? He met Sarah Palin once at a meeting. They spoke a second time, last Sunday, when he called her about being vice-president. Then he offered her the position.7
This is information the American people need to see. Please take a moment to forward this email to your friends and family.

We also asked Alaska MoveOn members what the rest of us should know about their governor. The response was striking. Here’s a sample:

She is really just a mayor from a small town outside Anchorage who has been a governor for only 1.5 years, and has ZERO national and international experience. I shudder to think that she could be the person taking that 3AM call on the White House hotline, and the one who could potentially be charged with leading the US in the volatile international scene that exists today. —Rose M., Fairbanks, AK

She is VERY, VERY conservative, and far from perfect. She’s a hunter and fisherwoman, but votes against the environment again and again. She ran on ethics reform, but is currently under investigation for several charges involving hiring and firing of state officials. She has NO experience beyond Alaska. —Christine B., Denali Park, AK

As an Alaskan and a feminist, I am beyond words at this announcement. Palin is not a feminist, and she is not the reformer she claims to be. —Karen L., Anchorage, AK

Alaskans, collectively, are just as stunned as the rest of the nation. She is doing well running our State, but is totally inexperienced on the national level, and very much unequipped to run the nation, if it came to that. She is as far right as one can get, which has already been communicated on the news. In our office of thirty employees (dems, republicans, and nonpartisans), not one person feels she is ready for the V.P. position.—Sherry C., Anchorage, AK

She’s vehemently anti-choice and doesn’t care about protecting our natural resources, even though she has worked as a fisherman. McCain chose her to pick up the Hillary voters, but Palin is no Hillary. —Marina L., Juneau, AK

I think she’s far too inexperienced to be in this position. I’m all for a woman in the White House, but not one who hasn’t done anything to deserve it. There are far many other women who have worked their way up and have much more experience that would have been better choices. This is a patronizing decision on John McCain’s part- and insulting to females everywhere that he would assume he’ll get our vote by putting “A Woman” in that position.—Jennifer M., Anchorage, AK

So Governor Palin is a staunch anti-choice religious conservative. She’s a global warming denier who shares John McCain’s commitment to Big Oil. And she’s dramatically inexperienced.

In picking Sarah Palin, John McCain has made the religious right very happy. And he’s made a very dangerous decision for our country.

In the next few days, many Americans will be wondering what McCain’s vice-presidential choice means. Please pass this information along to your friends and family.

Thanks for all you do.

–Ilyse, Noah, Justin, Karin and the rest of the team

Sources:

1. “Sarah Palin,” Wikipedia, Accessed August 29, 2008
http://en.wikipedia.org/wiki/Sarah_Palin

2. “McCain Selects Anti-Choice Sarah Palin as Running Mate,” NARAL Pro-Choice America, August 29, 2008
http://www.moveon.org/r?r=17515&id=13661-3553856-mj902Fx&t=1

3. “Sarah Palin, Buchananite,” The Nation, August 29, 2008
http://www.moveon.org/r?r=17736&id=13661-3553856-mj902Fx&t=2

4. “‘Creation science’ enters the race,” Anchorage Daily News, October 27, 2006
http://www.moveon.org/r?r=17737&id=13661-3553856-mj902Fx&t=3

5. “Palin buys climate denial PR spin—ignores science,” Huffington Post, August 29, 2008
http://www.moveon.org/r?r=17517&id=13661-3553856-mj902Fx&t=4

6. “McCain VP Pick Completes Shift to Bush Energy Policy,” Sierra Club, August 29, 2008
http://www.moveon.org/r?r=17518&id=13661-3553856-mj902Fx&t=5

“Choice of Palin Promises Failed Energy Policies of the Past,” League of Conservation Voters, August 29, 2008
http://www.moveon.org/r?r=17519&id=13661-3553856-mj902Fx&t=6

“Protecting polar bears gets in way of drilling for oil, says governor,” The Times of London, May 23, 2008
http://www.moveon.org/r?r=17520&id=13661-3553856-mj902Fx&t=7

7 “McCain met Palin once before yesterday,” MSNBC, August 29, 2008
http://www.moveon.org/r?r=21119&id=13661-3553856-mj902Fx&t=8

Want to support our work? We’re entirely funded by our 3.2 million members—no corporate contributions, no big checks from CEOs. And our tiny staff ensures that small contributions go a long way. Chip in here.

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PAID FOR BY MOVEON.ORG POLITICAL ACTION, http://pol.moveon.org/. Not authorized by any candidate or candidate’s committee. This email was sent to lani silver on August 30, 2008. To change your email address or update your contact info, click here. To remove yourself from this list, click here.

Sarah Palin, Smith Barney, and Barney Smith

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Sarah Palin’s Portfolio Managed by Smith Barney, Her Policies Would Fail Smith Barney

By Bruce B. Brugmann

Let me admit that I had never really heard of Alaska Governor Sarah Palin. I knew that every congressperson from Alaska was either under indictment or under criminal investigation but I didn’t know that much about the governor. I found out this morning from the Tom Hartman radio show on Air America that she herself is under an ethics investigation for interfering as governor with an investigation of her ex-brother-in-law in Alaska.

So I was fascinated to see the material gushing forth as breaking news from the Center for American Progress Action Fund. The one that caught my eye first outlined the Barney Smith angle. Its lead on a nifty political point: “Last night at the Democratic convention, a former Republican named Barney Smith spoke of the need for economic policies that “Help Barney Smith, not Smith Barney.

“Ironically, according to Saray Lskow at the Center for Public Integrity who analyzed Palin’s disclosure forms, Sarah Palin’s financial portfolio is managed by none other than Soloman Smith Barney.

“Furthermore, by joining McCain on the tdicket, Palin is now endorsing a radical $300 billion in tax breaks for corporations and the wealthy that would leave out mllions of American families while delivering $45 billion in tax breaks for America’s 200 largest corporations and at leasdt $6.3 billion for American’s largest financial firms.”

Click here to read B. Furnas’ blog, Sarah Palin’s Portfolio Managed By Smith Barney, Her Policies Would Fail Barney Smith, from the Center for American Progress Action Fund’s blog, The Wonk Room.

Check the following link for more telling bio information on Palin from The Wonk Room

The heads and stories in order make the point: “What Does Sarah Palin Thionk Of McCain’s Opposition to Equal Pay? Would Palin Still Carry a Pitchfork for Pat? Sarah Palin’s Portfolio Managed by Smith Barney, Her Policies Would Fail Smtih Barney. Sarah Palin: a Champion For Big Oil. On His Key Issue: McCain VP Pick Rolls The Dice. McCain And Palin: Promoting Failed Consumer-Driven Health Care.

Letters

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PELOSI’S WRONG ON GEORGIA


This message is a reply to an editorial appearing in the Guardian, "Pelosi can’t duck the next Bush war," (8/20/08). In the editorial Rep. Nancy Pelosi sides with Republican and "bipartisan" House leaders to state that "in the strongest possible terms" that "the US is committed to Georgia’s absolute sovereignty [in that region of the world]."

Now, I always thought Pelosi had the common sensibility of a good San Fransisco liberal, but to side with Republican Reps. Roy Blunt and John Boehner is an alarming sign of poor judgment in character. And for her to imagine that the Soviet state of Georgia could any more be "sovereign" in that Russian region of the world is like imagining that that the US state of Georgia (or Oregon or Massachusets, etc.) could be "sovereign" in economic power over the United States simply because it had an oil port and was being extorted by a big foreign bully unafraid to pull the trigger. This battle is not about democracy and independence but about oil money and someone trying to steal another region’s resources.

I still love Nancy, though.

Tharon Chandler

Missouri

SELECTED COMMENTS FROM THE SFBG.COM BLOGS:

ON THE CITY REDACTING DATA FROM PUBLIC FILES


Kimo Crossman:

Ethics and John St. Croix have gotten the SF Redaction Cancer — the exemption allowing redaction before online posting is limited to currently elected and appointed officials only.

We are talking about information commonly available in commercial mailing lists and the phone book/online search.

Imagine if the Elections Department refused to post contact information of nonincumbents running for office — people who choose to be public? Or you were prohibited from accessing home sales records from the Assessor-Recorder — because it has a street address. Or the large majority of court records online.

How would one easily confirm the number of homes John McCain has?

ON THE CLOSURE OF MARIAN RESIDENCE


Terrrie Frye:

I am sure that when the city takes over what was the Marian Residence, it will not be as well run or treat the folks with as much dignity as I have heard about the Marian Residence. I am saddened by the loss. The city should keep it as a women’s shelter, just as it is, and put the respite beds at another location only for respite beds.

ON THE DEMOGRAPHICS OF THE BOARD OF SUPERVISORS


Chris Daly:

While there are currently four straight white men on the Board of Supervisors, it’s likely there will be only two next year. This is due to progressives’ strong candidates of color in this cycle. If progressives hold my seat in 2010, the Board could be down to one straight white man.

While there are only three female supervisors and few strong candidates in this cycle, the future of women at the Board is very bright. Debra Walker, Jane Kim, Christina Olague, Marie Harrison, Kim-Shree Maufas, Jaynry Mak, London Breed, April Veneracion, and Rachel Redondiez could each hold a seat in the next decade.

FOR THE RECORD


Due to a copy error, "The Circle Game: Parsing the return of the singer-songwriter" (8/20/08) inaccurately stated that Ruthann Friedmann is deceased; the singer-songwriter is very much alive.

The 8/20 Local Artist misidentified the school where Keith Rale received his BFA and MFA. Hale grduated from (and sometimes teaches at) San Francisco Art Institute.

The Guardian welcomes letters commenting on our coverage or other topics of local interest. Letters should be brief (we reserve the right to edit them for length) and signed. Please include a daytime telephone number for verification.

Corrections and clarifications: The Guardian tries to report news fairly and accurately. You are invited to complain to us when you think we have fallen short of that objective. Complaints should be directed to Paula Connelly, the assistant to the publisher. We’d prefer them in writing, but Connelly can also be reached by phone at (415) 255-3100. If we have published a misstatement, we will endeavor to correct it quickly and in an appropriate place in the newspaper. If you remain dissatisfied, we invite you to contact the Minnesota News Council, an impartial organization that hears and considers complaints against news media. It can be reached at 12 South Sixth St., Suite 1122, Minneapolis, MN 55402; (612) 341-9357; fax (612) 341-9358.

PG&E’s blank check

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› amanda@sfbg.com

For a complete list (2.35 MB) of everyone who signed on to a PG&E-paid ballot argument and a full list of all of the individuals, companies, and nonprofits that get PG&E money every year, click here (Excel).


It’s Saturday morning, Aug. 23, and at the plumber’s union hall on Market Street, Pacific Gas and Electric Co. employees are leading a rally in opposition to San Francisco’s Clean Energy Act. A table at the back of the room sags with urns of coffee and uneaten pastries. To the side are towers of glossy black "Stop the Blank Check" window signs. E-mails sent by event organizers said Sen. Dianne Feinstein and Mayor Gavin Newsom were expected to attend, but so far, there’s no sign of either.

"On behalf of the men and women at PG&E, thanks for giving up your Saturday," PG&E vice president John Simon tells participants, who will be spending the afternoon walking San Francisco’s streets passing out No on Proposition H propaganda.

But the audience isn’t listening.

Most of the people packed into the room are Asian kids, giggling and chatting and ignoring the English-only presentation. One group of boys playfully pushes each other, accidentally bumping into some stage lighting and earning a reprimand from a rally organizer. The kids ignore him. I ask some of the young people if they’re with a school or club, or if they’re part of JROTC, which has an informational booth in the vestibule. They look at me blankly and turn away, muttering in Cantonese. I question a few others and get similar responses.

Outside, I find a young man who speaks English. He tells me the kids aren’t really here for the rally. "It’s just a job," he says. They’re getting $15 an hour to hang flyers on doorknobs — flyers that read "hand-delivered by a Stop the Blank Check Supporter."

The Committee to Stop the Blank Check is the official campaign committee fighting the Clean Energy Act, which will appear as Prop. H on the November ballot. The group, however, is funded by a blank check from PG&E.

"They’ve pledged enough to educate every voter in San Francisco," the committee’s campaign manager, Eric Jaye, told the Guardian at the Saturday rally.

It’s no surprise that the campaign workers are paid for by PG&E — in fact, just about everyone who has come out against Prop. H seems to be getting money from the utility.

The Clean Energy Act sets ambitious goals for moving the city into renewable energy — goals that go far beyond current state mandates. It also calls for a study into San Francisco’s energy options and authorizes the city to issue revenue bonds to buy or build energy facilities.

An investigation into the elected officials, committees, and groups that oppose Prop. H shows cash from PG&E in nearly every coffer.

The official ballot argument against the Clean Energy Act is signed by Feinstein, Newsom, and three supervisors initially appointed to the board by the mayor: Michela Alioto-Pier, Carmen Chu, and Sean Elsbernd.

Feinstein’s loaded with PG&E money. Since 2004, Feinstein has received $15,000 in direct contributions from PG&E, according to OpenSecrets.org. More significant, perhaps, is that Feinstein’s husband, Richard Blum, serves as chairman of the board of CBRE, a real estate firm that did $4.8 million in business with PG&E in 2007, according to an annual report the utility files with the state of California.

Campaign finance disclosure statements from Feinstein state that her husband receives fees and income from CBRE, and has $250,000 and $500,000 in investment holdings.

Feinstein’s spokesperson, Scott Gerber, said there was no conflict of interest. But Citizens for Responsibility in Ethics spokesperson Naomi Seligman added, "The ethics rules are so incredibly narrow that unless Senator Feinstein was pushing or voting for something that would impact only Mr. Blum, it doesn’t count as a conflict."

Still: Feinstein’s getting cash directly from PG&E, and then doing the company’s political bidding.

NEWSOM’S PG&E PARTY


Newsom, who has won campaigns with PG&E’s financial support in the past, is hosting a party called "Unconventional ’08" in Denver this week. Guess who’s one of the three listed sponsors? PG&E. (The other two are AT&T and the carpenter’s union.) And, of course, the person running Newsom’s campaign for governor is PG&E’s main man, Eric Jaye.

Sups. Alioto-Pier and Elsbernd? Both had PG&E money shunted through independent expenditure committees. Sup. Chu is currently running to keep her seat in District 4.

Former Mayor Willie Brown tops the list of endorsers on Committee to Stop the Blank Check’s Web site. PG&E paid Brown $200,000 in consulting fees during 2007.

Neither Brown nor PG&E returned calls for comment and clarification on what exactly Brown’s consulting involves, or how much he’s getting this year.

Of the 30 paid ballot arguments that will be listed in November’s Voter Information Pamphlet, PG&E bought 22 of them — many for well-funded organizations like the Bay Area Council, Golden Gate Restaurant Association, and the Republican Party that could presumably pay for their own $2-per-word screeds against the measure.

The arguments all make the same points and parrot the same PG&E lines.

Jaye said that ballot arguments were routinely paid for by other entities, and of the groups that have healthy bank accounts, he said, "We’d rather those groups invest their money in capacity building for November."

The San Francisco Chamber of Commerce, the Building Owners and Managers Association, and Plan C all paid for their own ballot arguments. In 2007 the Chamber received more than $350,000 from PG&E in the form of dues and grants. BOMA got a $26,500 grant from the utility company, which also hired the outfit for almost $100,000 worth of consulting work. Plan C’s Political Action Committee regularly receives deposits from PG&E during election season.

Other entities that signed arguments paid for by PG&E include: the San Francisco police and firefighter unions, which are constantly asking the city for more money (and now oppose a potential revenue source); the Asian Pacific Democratic Club; the Small Business Network; the Rev. Amos Brown, and the Hispanic Chamber of Commerce.

Paying for their own No on H arguments: former San Francisco Public Defender and California Public Utilities Commission member Jeff Brown, the Coalition for San Francisco Neighborhoods, BART board member James Fang, and prominent small businessowner Harold Hoogasian.

PG&E spends millions each year on consultants — and at campaign time, that money turns into political support.

"PG&E’s philanthropy has been paying off into manipuutf8g a network of supporters who believe [Prop. H] is going to do something adverse to their interest when in reality it’s not," said Sup. Ross Mirkarimi.

Money isn’t everything for some organizations. Oakland’s Ella Baker Center for Human Rights received a $10,000 grant from PG&E in 2007. Cofounder Van Jones has endorsed the Clean Energy Act.

There’s no paper trail for how much PG&E has spent to date on this campaign and the utility will be free to spend money without scrutiny until Oct. 6, when the first financial statements related to the November election are due at the Ethics Commission.

THE OTHER SIDE


But PG&E can’t buy everyone — and the coalition supporting the Clean Energy Act is large, broad, and growing.

Prop. H has been endorsed by eight of the city’s 11 supervisors, Assemblymembers Fiona Ma and Mark Leno, and environmentalist and author Bill McKibben. Groups with a variety of different interests, like the League of Conservation Voters, the SF Democratic Party, SEIU 1021, the Harvey Milk LGBT Democratic Club, and the Senior Action Network also have given it a green light.

"I think the coalition for it is a much broader coalition than has been for it in the past," said Susan Leal, former head of the San Francisco Public Utilities Commission, who supports Prop. H. "Because of that, PG&E has ramped up the campaign and put a lot more money into it than in the past."

Mirkarimi, who authored the measure, called the early phone banking, mailers, and door knocking a "signature blitzkrieg campaign," similar to what he witnessed as the manager of the 2001 public power measure that also raised PG&E’s ire — and which lost by about 500 votes. "That’s why PG&E is working so hard now. We were so close in 2001."

John Rizzo of the Bay Chapter of the Sierra Club said his group has already committed money and people to walk districts. But he noted that he has already seen Committee to Stop the Blank Check signs posted in windows on the west side of the city. "We expected it," he said of the resources PG&E has spent to date. "The only thing they have is money."

Rizzo said the Sierra Club has endorsed past public power measures and considers this an environmental issue. "We are finding it’s a pretty broad coalition of folks who might not be together on an environmental issue. The San Francisco Women’s Political Committee PAC just recommended endorsing it to their membership, and that’s not normally an environmental group — though they are a good group."

Leal says the Clean Energy Act really transcends arguments against public power. "I’m mystified why people would not be on board for something that’s cleaner and cheaper," said Leal. "I think I know why a number of others have gotten on board. They recognize that this is the path to clean energy for power."

Jaye wouldn’t assign a specific dollar amount to how much the company is willing to spend to defeat the measure — but he made it clear that there are no limits: "It could take $1 million, it could take $5 million." In 2006, when public power was on the ballot in Yolo County, PG&E spent almost $10 million keeping the 77,000 customers they would have lost to the Sacramento Municipal Utility District. The measure lost by one percentage point.

Jaye, who also manages Newsom’s gubernatorial campaign, is quick to point out that the committee has already received 12,000 signed cards of support. Still, he said, they weren’t asking for money from these potential campaign donors "because we have significant and sufficient resources pledged from PG&E."

Extra! Hearst blacks out the word progressive

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“Ultra liberal?” “Far left political factions”? In San Francisco? Hearst, Mayoral Press Secretary Nathan Ballard, and an “ultra liberal” supervisorial candidate from the Excelsior District comment on this astounding election development

By Bruce B. Brugmann

Audrey Cooper, assistant metro editor of the Chronicle/Hearst, has admitted that the Chronicle “has decided to stop using the word ‘progressive’ to describe the more liberal of San Francisco’s political factions.” (See my previous blog).

Does this mean that supporters of the Clean Energy Initiative are suddenly and unexpectedly given the derogatory terms “ultra liberal” and “far left.” Does this mean Aaron Peskin and a majority of the board of supervisors? Assemblyman Mark Leno? Former PUC General manager Susan Leal? Former Mayor Art Agnos? A majority of the Democratic County Central Committee? A batch of supervisorial candidates? Labor leaders? The Sierra Club?

Here’s the email Cooper sent me this afternoon responding to questions from the Bruce blog and the Guardian. Cooper, let us stipulate upfront, has one of the toughest jobs going, trying to explain why Hearst suddenly banned the word progressive in the middle of a PG&E offensive against the Clean Energy Act. More: Hearst banned the word progressive in one of the world’s most progressive cities, in a city that spawned the famous progressive Hiram Johnson and his successful fight against the Southern Pacific Railroad, and on the newspaper founded by a publisher who called himself at one time a progressive and ran for mayor of New York on a platform of municipal ownership of utilities. In San Francisco, Hearst campaigned vigorously on a pro-Hetch Hetchy public power, anti-PG&E platform until he reversed himself in the late 1920s because of a PG&E loan from a PG&E-controlled bank. Hearst’s pro-PG&E, anti-public power position has remained in effect to this day. (See previous Bruce blogs, Guardian stories, and David Nasaw’s authoritative biography, “The Chief.”)

Cooper wrote:

“Hi Bruce.
I’m Wyatt Buchanan’s editor — he passed your e-mail along to me. Sorry that it took me a day to get back to you. In general, feel free to ask anything about our coverage. I’ll always answer as quickly as I can (that is, when it’s an issue I have control over).

I’ve also sent versions of this explanation to others who have inquired. (I’m only telling you that in case you get a similar e-mail forwarded to you — it’s just easier for me to explain it the same way to everyone.)

In short, just because a label is embraced by a political group does not mean it’s the best way to report a story. As you’ve probably noticed, we generally eschew political labels when possible. In some stories (such as the fight for the DCCC and Board of Supes), this is not as easily done. In those cases, we choose adjectives we think are as politically neutral as possible.

We decided to stop using the word ‘progressive’ to describe the more liberal of San Francisco’s political factions because it is a politically loaded term that doesn’t mean much to our readers. And while ‘progressive’ may be the preferred term of some politicians — and, of course, they are free to use it to describe themselves — it doesn’t describe where they sit on the traditional political spectrum.

We believe using adjectives such as ‘far left’ and ‘ultra liberal’ more accurately describe city politicians and policies in that broader context.

Thanks for your time. Feel free to call me if you have any questions.

Sincerely,
Audrey”

Reliable sources told us that the mayor’s campaign had complained to the Chronicle about the use of the word progressive and that means Eric Jaye, who runs the Newsom’s gubernatorial campaign at the same time he works for PG&E as a paid consultant to PG&E.

Cooper and Nathan Ballard, the mayor’s press secretary denied this. Cooper said:

“Also, I should tell you that we did not make this change in response or after complaints from anyone in the mayor’s office. The mayor’s office does not dictate what words we use.

“Nobody from the mayor’s office has ever contacted me about this issue as far as I can honestly remember. And I can’t recall them saying anything about it over the last two weeks, either.”

Ballard said:

“Personally I’ve never really complained to the Chronicle about this subject. It just wasn’t very high on my to-do list. In fact I don’t recall ever having any conversations about this topic with anyone from the Chronicle until after Heather Knight’s article about the far-left takeover of the DCCC ran.

“I have to admit that I’m pleased to learn from you that the Chronicle will no longer be using the term ‘progressive’ to describe politicians who aren’t. It always struck me as Orwellian doublespeak to describe somebody who wants to legalize sex trafficking and force lobbyists to wear badges as ‘progressive.'”

Executive Editor Tim Redmond responded to Ballard:

“Well, it’s true that the progressives of the early part of the century tended to be against prostitution and drugs and were prohibitionists, a description that I don’t think would accurately describe, say, Aaron Peskin. But over time the term has evolved, and most progressives today are at least open to the idea that sex work should be legalized. Almost all progressives support the legalization of marijuana (and I think Mayor Newsom does, too.)

“I don’t think far-left even remotely describes people like Peskin, whose economic views are pretty close to the mainstream of the liberal wing of the Democratic Party. Jake McGoldrick clearly isn’t ‘far left.’ I’m not sure even Tom Ammiano could accurately be called ‘far left.’

“I say this as someone who has been called all sorts of names, including Communist, because I advocate higher taxes on the rich and government spending on social services for the poor. At one time, that was pretty much the mainstream opinion of the Democratic Party.

“So who in SF government do you really believe is ‘far left?'”

Ballard responded back to Tim:

“Tim, do us all a favor and count me out of this dorm-room style debate. I never really cared that much whether the Chronicle called these guys progressives, just like I never really cared that much that CW Post calls them Grape Nuts even though they are neither grapes nor nuts.”

George Avalos, a supervisorial candidate in the Excelsior District, also asked Cooper about her designation and sent us her answer and then his comment to her answer. Question: how did Avalos and other progressive candidates in other districts suddenly become “ultra left” and part of a “far left faction?”

Subject: Dude, the preferred nomenclature is . . .

Dear Audrey:

“Thank you for your reply. I was throwing in a little humor here, albeit obscure — a reference to the Big Lebowski.

“Having said that I do believe the Chron’s use of ‘ultra left’ and ‘far left’ is completely biased. After all, who’s the arbiter here about what ‘ultra left’ and ‘far left are?’ What standard are you using and where did it come from? Seems pretty made up to me. Very rarely or better yet, never do I hear progressives talk about themselves in these terms. The Chron’s making it up out of whole cloth.

“It’s unbelievable, that you would even try to justify your use of this language.

“Lastly, if any term is completely meaningless it’s ‘moderate.’ I don’t recall there being a moderate political movement or ideology. A Classical Greek philosophy maybe, but not a political movement like the Progressive Movement. Progressives established labor laws, the women’s right to vote and regulations of our workplaces and food production.

I don’t believe Moderates can claim any such movement or transformation of our government institutions. If there’s something they can champion it’s ameliorating the effects of change or fighting against perennial progressive issues such as single payer health care, taxing high profits and rent control.

Thank you for your response. I really appreciate your sharing with me the Chronicle’s rationale, however shakey it may be.

Sincerely,

John Avalos”

B3 sums up this historic announcement:

So there you have it: a timely snapshot of Hearst double standard ethics: Let Willie Brown do a featured political column on Sunday without disclosing that he is a paid PG&E lobbyist ($200,000 last year alone). Brand all clean energy politicians opposed by PG&E as “ultra liberals” and “far left factions.” And for God’s sake, don’t cover the election in an honest and professional manner and tell us who PG&E is buying off. (See Amanda Witherell story, “PG&E’s blank check, who’s the utility buying off Start with Newsom, Feinstein, and Willie Brown.”) Question: so what will Hearst call the politicians who PG&E buys off? We call Willie PG&E’s Secret Agent Man.

B3, who insists to Cooper he is still a Rock Rapids (Iowa) liberal, and she says she will not challenge it.

Pelosi: is she punting on SF Clean Energy Act?

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Is Pelosi for clean energy in Washington and Denver but standing with PG&E and punting on supporting the Clean Energy Act in San Francisco? Is she investing with T. Boone Pickens and his Clean Energy Fuels Corp. in Texas and punting on clean energy in San Francisco?

By Bruce B. Brugmann

Paul Hogarth, the agile staff writer and columnist for the Beyond Chron website, asked a key question of House Speaker Nancy Pelosi at a press conference this morning on the first day of the Democratic Convention in Denver.

Hogarth reported on Beyond Chron that he had asked Pelosi that, “because she endorsed Al Gore’s ambitious goals of energy independence by 2019, does she support San Francisco’s Clean Energy Act (Prop H)–which calls for energy independence by 2040.”

“I haven’t see the text,” she told Hogarth, but I support going in that direction. This timetable of energy independence is a path we hope to go on.”

Hogarth made the proper point: Maybe, he noted, she should have sent a proxy to the Democratic County Central Committee endorsement meeting, referring to the recent vote by the DCCC approving the Clean Energy Act. She did not send a proxy to vote and her quote to Hogarth is her only known public response to the measure. The head on Hogarth’s story made his point more direct: “Pelosi Schools Traditional Media; Punts on SF Clean Energy Act.”

Meanwhile, the punting question was raised again for Pelosi by a major story in the Wall Street Journal (8/23/08). The Journal reported that Pelosi and her husband Paul invested between $50,000 and $100,000 in T. Boone Pickens’s Clean Energy Corporation in Texas. The Journal said the investment “could benefit from legislation the California Democrat favors to boost U.S. use of natural gas.”

“The investment is a small fraction of the Pelosis’ net worth. But it highlights the unlikely alliance evolving between Mr. Pickens, an old man with a long history of support for Republican causes, and powerful Democrats who have welcomed Mr. Pickens’s recent campaign for developing alternatives to oil.” (B3: Pickens was a major funder of the Swift Boat Veterans For Truth, which helped defeat John Kerry in the last presidential election.)

Drew Hammill, a Pelosi spokesperson, told the Journal that the investment “does not raise any direct conflict of interest issues” or violate any ethics rules of the House of Representatives. “The speaker has been an advocate for increasing our country’s energy independence and for renewable energy for years, long before this purchase.”

Pelosi has always been a PG&E ally in San Francisco and Washington, notably in her move to help PG&E and the development gang privatize the Presidio and set the precedent for privatizing the national park system.

So the question for her is even more tantalizing: will she go for clean energy in Washington, Texas, and Denver but stand with PG&E and punt on the Clean Energy Act in San Francisco? We’ll try to get the questions to her. But I suggest that others work on it as well. She’s tough to pin down when it comes to PG&E, clean energy, and renewables back in her home district. B3

PS: How much are the Pelosis worth? Anywhere from $15 million to $156 million (including real estate), according to the The Journal. The investment amounts to less than one per cent off the Pelosis’ total 2007 public and private investment assets, which, not including real estate, are estimated at between $15 million and $52 million, based on the Speaker’s disclosure record, according to the Journal. Including real estate and bank account assets, the Pelosis’ net asset value is estimated at between $35 million and $156 million, according to the Center for Responsive Politics.

Ethics? PG&E, Willie Brown, and Hearst

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What is there in the Hearst DNA that keeps it honoring the shameful deal that William Randolph Hearst made with PG&E in the late 1920s to reverse his long standing pro-public power and anti-PG&E position?

By Bruce B. Brugmann

And so when our Guardian reporter Amanda Witherell flashed the word that ex-mayor Willie Brown is still on the PG&E payroll, I sent the following note to Hearst corporate in New York City (which owns the San Francisco Chronicle):

“PG&E has disclosed a $200,000 payment to Willie Brown for ‘consulting services’ for 2007 in its annual report to the California Public Utilities Commission. Now that Willie is doing a featured top-of-the-page political column each Sunday in the Chronicle, I’m curious if he is doing a Chronicle column while still providing ‘consulting services’ for PG&E?

“If so, does Hearst have an ethics policy that covers this apparent conflict? Would it at minimum require disclosure of PG&E payments to Willie in this year and previous years and what was the nature of these ‘consulting services?’ I would appreciate a comment.”

Chronicle Editor Ward Bushee to his credit called me promptly to respond to my questions. (Let us just say his predecessors adopted a variety of stonewalling techniques to avoid answering such questions from the Guardian.)

As attentive Guardian readers know, there is a long history here between Hearst and PG&E and the Willie/PG&E incident is but the latest example of a geologic outcropping of some shameful Hearst history. Hearst was a powerful influence in pushing the original Hetch Hetchy public power project through Congress and beyond, then reversed his policy in the late 1920s as a condition to get a major loan from a PG&E-controlled bank. The pro-PG&E/anti-public power policy continues to this day and nobody I’ve talked to from Hearst through the years can explain why the policy is still in effect to this day.

There is also a juicy history with then Mayor Willie Brown and Hearst. Willie as mayor helped secretly orchestrate for Hearst the deal that allowed Hearst in 2000 to buy the Chronicle, give away the Examiner to the Fang family, and dissolve the Ex/Chron joint-operating agreement with the approval of the Justice Department. Remember all those horse-trading charges in which then Examiner publisher testified under oath that he had used the Examiner editorial pages as a bargaining chip with Willie. (“The Truth Hurts,” by Tali Woodward and Tim Redmond, Guardian 5/10/2000.)

Chronicle editor Ward Bushee to his credit promptly called me to respond. This was a refreshing change from his predecessors who went to creative lengths to stonewall on such questions. I asked Bushee if he knew about the PG&E payment to Willie and if Hearst considered this a conflict with its ethics policy for Willie to be on the PG&E payroll while, among other things, attacking the progressives who voted for the Clean Energy Act that PG&E is opposing with mighty muscle and many millions.

Bushee did not see a conflict nor think that disclosure of Willie’s clients was necessary. Bushee said that Willie is widely known, is “a man about town,” has a popular column, is subject to “strenuous editing,” but is “a freelance columnist who is free to pursue his business interests as any other person who is not a part of the staff.” He said that, if Willie were on staff, he would be subject to Hearst’s “ethical standards.”

Since this issue is of such journalistic importance, I summarized Bushee’s positions and sent him an email and asked if I had properly and fully reflected his and Hearst’s position. I also asked how he could reconcile his and Hearst’s position with the Ethics Code of the Society of Professional Journalists which states that “journalists should be free of obligation to any interest other than the public’s right to know…should avoid conflicts of interest, real or perceived…disclose unavoidable conflicts. (The Guardian and many media use the SPJ code.)

Bushee responded by email by my deadline (missing it by two minutes). He wrote, and I quote in full,

“I’m not going to cover the same ground that we did this morning. However, I will say that since Willie Brown’s column was introduced into the Sunday Chronicle, it has been very well received by readers because it is amusing, topical, controversial and informed. Willie has special connections to the Bay Area. That Wiliie Brown has outside interests and income was well noted when he undertook the column and was no secret to anybody who has followed his career.

“A summary of his political career was published when the column was launched.

“You well know that Willie is one of the most quoted San Franciscans in the Chronicle and other media outlets around the Bay Area. He is a sought-after guest for local, regional, and national TV shows. I’m told that you have been a guest of his radio show with Will Durst. Willie is not a journalist or a member of the news staff of the Chronicle, but his column goes through extensive planning with one of our most experienced journalists and then then same rigorous editing processes as any staff produced article. Our freelance agreements give the newspaper complete control of the content we use including his column. So if you question is that Willie is somehow avoiding ethical scrutiny, that’s not correct.

“Look, Bruce. If we ever found that Willie had knowingly used his column to benefit his clients, we would end the relationship. As with any agreement, trust is implicit.

“The Chronicle news staff always has aggressively—and fairly—covered Willie Brown as a newsmaker. And I have told our editors that I expect nothing less when Willie Brown makes news in the future.

“Besides that, Willie writes a great column. I’m delighted he is in the Sunday Chronicle.”

Well, I am still unable to crack the Hearst corporate fortress that has protected and promoted PG&E all these years and is now protecting and promoting Willie Brown as PG&E’s Secret Agent Man in this critical Clean Energy election. PG&E is conducting the most massive and nasty campaign ever against clean energy and public power, with huge Lies, and Hearst is once again refusing to cover the story, correct the lies, or give any indication it is not going to once again back PG&E all the way. Why?

This enduring Hearst position of more than eight decades raises some of the most tantalizing questions in American journalism: What is there in the Hearst corporate DNA that forces its editors and reporters in San Francisco to keep in effect honoring, against early Hearst history, against all evidence, and against all ethical standards, the shameful deal that William Randolph Hearst made with a PG&E- controlled bank in the 1920s to reverse his pro-Hetch Hetchy/anti-PG&E stand and go forever after with PG&E and against public power? (For details, see previous Guardian articles, Bruce blogs, and the authoritative David Nasaw biography of Hearst called “The Chief.”) Repeating for emphasis:

Why does Hearst allow a key PG&E lobbyist to write a featured political column in its Sunday paper without proper disclosure by either Willie or Hearst? Will the Chronicle today, in August of 2008, with a non-Hearst publisher and non-Hearst editor (meaning Frank Vega and Ward Bushee, both experienced executives who came new to Hearst with solid Gannet credentials) be allowed to cast off this terrible yoke and start covering PG&E, clean energy, public power, and the Raker Act scandal in a professional manner? Will Hearst and the Chronicle cover this critical Obama/Clean Energy election honestly?

Meanwhile, I am waiting anxiously to see what Willie and Hearst will report on the big Newsom party that PG&E is helping pay for at the Democratic National Convention in Denver. Newsom is gearing up to run as the “green progressive” candidate for governor, but there is no way in the world he can be Gavin the Green when he fronts for PG&E against the Clean Energy campaign in San Francisco and then lets PG&E stamp its logo on his forehead and derriere before a national political audience in Denver.

Newsom and Willie want to be known as real progressives but alas they are “PG&E progressives” and their opposition to the Clean Energy Act only illustrates the difference in 96 point Tempo
Bold between a real progressive with real green credentials and a PG&E progressive taking money to help with PG&E greenwashing and progressive bashing. Guardian City Editor Steve Jones will be at the Newsom event in Denver and will keep you posted. On guard, much more to come, B3

P.S. 1: The Hearst and Willie horse-trading story is my favorite example of Hearst ethics. (See our “The Truth Hurts” story.) Just a few hours into the Clint Reilly antitrust trial challenging the Hearst monopoly deal, Examiner publisher Tim White admitted, in no uncertain terms, that he had used the paper’s editorial pages as a bargaining chip with then Mayor Willie Brown shortly before Wille’s reelection bid in November of l999. White testified that at the Aug. 30, 1999 lunch with Willie, he suggested that the Examiner would give Willie more positive coverage if he’d get behind Hearst’s plan to take over the Chronicle and create a daily monopoly.

“You were doing a little horse trading of your own, weren’t you?” asked Reilly attorney Joseph M. Alioto.

“I was,” White said calmly.

The day after White’s testimony, Hearst issued a press release saying the company had “reaffirmed its policy that the content of news and editorial pages may not be negotiated or compromised in any way.”

And then came many pious denunciations from Hearst of White’s “horse-trading” with Willie and many solemn promises from Examiner and Chronicle editors that their news and editorial coverage wasn’t for sale. The ethics problem for Hearst was that, despite several news stories critical of Willie, the paper wound up two months after the lunch giving Willie a glowing endorsement for mayor with no reservations or discouraging words whatsoever. Willie had earned the endorsement by working with the ranking local and national Democrats to orchestrate the deal and knock out any official opposition. He even told Hearst that he had called then U.S. Attorney General Janet Reno and gotten assurances that the U.S. Justice Department would not intervene to stop the deal.

As we put it at the time: “The bottom line: it appears, based on all available evidence, that White was doing exactly what he had been sent out here to do–buy the Chron, shut down the Ex, and create a monopoly–and if he offered to trade positive coverage in the pages of the paper for the political clout it took to make that deal, that was just fine with the people at Hearst headquarters back in New York.”

However, we put some questions to Hearst and found that if such an ethics policy really existed at Hearst, nobody from Hearst could produce it, then or later, either at corporate in New York or at the Examiner in San Francisco. The Hearst spokesperson in New York told us that each Hearst publication had independent editorial policies and that we should contact the Examiner.

We contacted then Editor Phil Bronstein who told us the Examiner had an ethics policy, but that it covered reporters and editors, not publishers. “It certainly doesn’t cover situations like this,” he told us. He promised to fax over a copy but it never arrived. Again: Why don’t Hearst ethics policies apply to Willie and PG&E?

PG&E’s $200,000 payment to Willie Brown?

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Is PG&E making payments to Willie Brown while he is writing a featured political column for the Chronicle/Hearst?

By Bruce B. Brugmann

Earlier today, I sent the following questions to Hearst Corporate in New York, which owns the San Francisco Chronicle. I sent copies to
its Chronicle management and staff. Read my blog below for context, details, and my take on the difference between a real progressive and a PG&E progressive. I’ll keep you posted.

“PG&E has disclosed a $200,000 payment to Willie Brown for
‘consulting services’ for 2007 in its annual report to the California Public Utilities Commission. Now that Willie is doing a featured top-of-the-page political column each Sunday in the Chronicle, I’m curious if he is doing a Chronicle column while still providing ‘consulting services’ for PG&E?

“If so, d oes Hearst have an ethics policy that covers this apparent conflict? Would it at minimum require disclosure of PG&E payments to Willie in this year and previous years and what was the nature of these ‘consulting services?’ I would appreciate a comment. Thanks very much. B3

Click here to read my blog, PG&E and a Rock Rapids, Iowa, liberal.

Follow the Money, online, if you can.

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by Sarah Phelan

“Follow the money.” That’s what Deep Throat told reporters Carl Bernstein and Bob Woodward in All the President’s Men, William Goldman’s classic film about the investigation that led to President Nixon’s resignation.

It was good advice then and now, no matter what story you are investigating, no matter what city you live/work in.

But Deep Throat’s classic advice got a tad harder to follow in the city by the Bay, thanks to kinks in new software, plus the overzealous efforts of some interns who apparently got carried away with the black pen, while redacting campaign finance records down at the San Francisco Ethics Commission.

The SF Ethics Commission, just in case you are wondering, is where people running for elected office, and people running political campaigns, file their financial disclosure reports.

All of which makes Ethics a good place to start if you want to follow the money in a particular political race.

It’s a pathway that you need to keep watching for months, if not years, after a race, since many donations and expenditures are made at the last minute and aren’t recorded, until long after the victory champagne has gone flat.

These days, campaign filings can be made the old-fashioned way, with paper filings, or the new Internet-enabled way, with online filings.

If you file electronically, Ethics’ software automatically redacts the street addresses and signatures of campaign donors from these online records.

These redactions aren’t undertaken because of new redaction policies over at City Hall, Ethics officials say, but to put the department in compliance with the Secretary of State.

But when Ethics started contracting with private vendor Netfile this spring, Netfile’s software apparently began deleting donor’s zip codes, too.

As a result of these unsanctioned redactions, it became impossible to follow online, exactly which parts of the City, the money was flowing from, in the June 3 election.

Meanwhile, the address of the Ethics Commission itself got redacted from a couple of online reports. (You can view an example of this redaction classic, by clicking here:

“For them to redact the actual address of the Ethics Commission speaks volumes about the mood over there,” one City Hall insider told us.

But the way Ethics’ executive director John St. Croix explains it, this classic blooper occurred because Ethics was trying to expand the amount of information that available online.

“Some overzealous interns got carried away,” St. Croix said, as they tried to help Ethics redact donor street addresses from paper filings, before posting them online.

“This happened because we were trying to scan copies of paper filings and post them online, which has never been done before, “ St. Croix explained.

“We decided it wasn’t worth the effort to redo it, all over again, St. Croix added, noting that you can still view the original, non-redacted paper filings at the Ethics Office.

Provided, that is, that you have Ethics street address, which is at 25 Van Ness Avenue. But shh, don’t tell anyone!

PG&E and a Rock Rapids, Iowa, liberal

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By Bruce B. Brugmann

I confess. I am an old-fashioned Rock Rapids, Iowa, liberal. For starters, that means I grew up in a little town in northwestern Iowa that has had public power since 1896 and so i know personally that public power is cheap, reliable, and accountable.

In San Francisco, where PG&E private power is expensive, unreliable, and unaccountable, I was startled to find that I am suddenly an “ultra liberal,” along with a host of other progressives and independents who support the Clean Energy Initiative and public power.

Yes, according to PG&E and the San Francisco Chronicle, we are all suspicious characters and ought to be kept under watch for the duration for advocating such “ultra-liberal” things as clean energy, renewables, public power, mandates for making San Francisco a world leader in renewables, and kicking PG&E out of the mayor’s office and the DCCC.

As Tim Redmond points out in his Editors notes (8/20/08), the term first appeared in Heather Knight’s Aug. 15th article on the changes in the Democratic County Central Committee (DCCC), for decades the unassailable bastion of the Burton/ Brown machine. Her lead, he noted, was “almost breathtaking ” in its drama. She wrote that the party “has veered dramatically to the left,” and that it would be telling voters to vote for a raft of “ultra-liberal politicians supervisorial candidates” and, among other things, to “embrace public power.” (The Clean Energy Initiative, as it is appropriately known, mandates aggressive goals for renewables but PG&E gallops swiftly by this point and loves to say without evidence that the initiative is a $4 billion takeover of PG&E, which is yet another Big PG&E Lie.)

Meanwhile, the new Chronicle columnist Willie Brown, who ran endless errands for PG&E as mayor and as a private attorney on the public payroll, and collected a nifty $200,000 in “consulting services” in 2007 from PG&E, wrote without gulping:

“It was quite a week for local politics, with the certified takeover of the San Francisco Democratic County Central Committee by outgoing Board of Supervisors President Aaron Peskin and Chris Daly…But what’s really going on here behind the headlines is a move by the ‘progressives’ to take over the central committee a la Tammany Hall or Richard Daley’s Chicago. The goal is to control the party money and endorsements–and that way be able to pick candidates for office as well.

“In other words the central committee will be Peskin’s shadow mayoralty, allowing Peskin to keep calling the shots even when he leaves office.”

Tammany Hall? Richard Daley’s Chicago? Why didn’t Wiillie just say what the facts are: that the Burton/Brown machine, and Mayor Newsom and PG&E et al, are no longer calling the shots on the DCCC and that a group of real progressives are cutting the umbilical cord to machine politics and calling the shots with real progressive issues and initiatives, such as the Clean Energy Act. Willie also couldn’t say of course that PG&E got much of its influence through his office as mayor and the Burton/Brown machine, which never put as much as a pebble in PG&E’s monopoly path. Thus, until now, the machine-dominated DCCC has been a safe haven for PG&E and even this time around the real progressives only won through a major organizing effort and tough battle.

Tim wrote that he thinks Newsom’s political operatives are mad that “the progressives have seized control of the term ‘progressives.’ which is in fact an accurate and historically valuable term. They’d like to call Newsom a progressive mayor, which is inaccurate and historically invalid. But since they can’t get away with that, they’ve pushed the Chronicle to use another term for people like Chris Daly and Aaron Peskin and the best the editors could come up with is ‘ultra liberal.'” The Chronicle, which appears to be once again revving up for PG&E, tosses a juicy T-bone to PG&E and its campaign theme that only the loony left would support such dread issues as clean energy and public power.

Maybe we have a new insight into the term progressive. A real progressive supports the Clean Energy Act and public power, while a phony Willie Brown/Gavin Newsom ‘progressive,’ in quotes, supports PG&E and opposes the Clean Energy Act. In short, there is a big difference between a real progressive and a PG&E ‘progressive.’

And me? I’m still just an old-fashioned Rock Rapids, Iowa, liberal.

More to come on this illuminating subject, B3

P.S. 1:Hearst ethics policy: If Hearst wants to present Willie Brown as a “legitimate” journalist and featured political columnist, making value judgments and ethical pronouncements on who is and is not a real progressive and whether the DCCC has been taken over by clean energy progressives playing Tammany Hall/Richard Daley machine politics, the Chronicle ought at minimum to require disclosure of his “consulting services” for PG&E and other private interests that would conflict his column? What specific “consulting services” did he provide for PG&E in 2007? What is he doing now for PG&E and for how much in the November election? Is he writing a political column for the Chronicle and working for PG&E at the same time? Is he advising PG&E on how to “steal” another election?
(I left a message for Willie at the Willie Brown Institute and I put out an email to Hearst corporate for comment on Willie’s PG&E/editorial role.)

It was Mayor Willie, as the public power campaign was winning in the 2001 public power election, who ordered that the ballots be moved from City Hall to the Civic Auditorium because of an anthrax scare. I remember standing with Angela Alioto about l0:30 p.m. on election night when then Elections Director Tammy Haygood, announced the anthrax move. “Angela,” I said, “we’ve lost the election.” She didn’t believe me and kept saying, “No, no, we couldn’t lose the election now.” Alas, I was right.

We raced over to the Auditorium where there was only minimal security. There was no evidence then or later of an anthrax scare. PG&E came from behind and won by a bare 500 votes. Several days later, several tops of the election boxes were found floating in the bay. There was no explanation from Willie nor his election director and no real investigation. The gallows humor was that the campaign should hire divers to go into the bay and find the missing ballots.

PG&E’s big payments: PG&E discloses the $200,000 payment to Willie Brown for “consulting services” in 2007 in its annual report to the California Public Utilities Commission. In a key section of this report (called page 257), PG&E is required to list every payment that it made to an outside company or consultant. This amounts to billions year.
PG&E has the entire annual report posted on its Investor Relations website, but, significantly, page 357 is missing.
PG&E’s statement explaining the omission says: “Details of this page are filed with the California Public Utilities Commission.” Reporter Amanda Witherell formally asked the CPUC press office for it and they said they’re “trying to track it down.” But she did get a copy.

Newsom, Eric Jaye and PG&E

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The following is an email exchange between me and Nathan Ballard, the mayor’s press secretary, on the subject of the Clean Energy Act. It raises some interesting questions; I thought I’d just post it without further comment.

ME: Will Mayor Newsom be endorsing the Clean Energy Act?

NATHAN BALLARD: Check with Jaye.

ME: Thanks, I will. A private political consultant is now speaking for the mayor on policy positions?

BALLARD: I don’t use public resources/time to comment about endorsements on ballot measures, candidate races, etc. Eric Jaye is Newsom’s point of contact for the media on such issues.

ME: Interesting. How long as this been your policy? (And by the way, I don’t think the Clean Energy Act is a ballot measure yet. It’s still before the board of supervisors. So you can’t speak for the mayor about his positions
on pending legislation?)

I’m also intrigued by the possibility of serious conflicts here. Eric Jaye is often involved in local political campaigns as a paid consultant. Should he be speaking for the mayor if he is getting paid to take one side on an issue?

BALLARD: Yes, I can speak for the Mayor on pending legislation. Once it’s on the ballot, I probably shouldn’t. Anyways, I don’t know of any local legislation called the Clean Energy Act. Do send me the text and I’ll see
if the Mayor wants to express an opinion to you about it.

As to your question about Eric Jaye, it sounds like you are suggesting that he is doing something wrong. I know and respect Eric, and so I know that you are on the wrong track. His professional ethics are unimpeachable. But
instead of spreading rumors about Eric through third parties, why don’t you just pick up the phone and call him with your accusations? I am confident that he will be quite happy to set you straight.

ME: Eric Jaye informs me that since he is, in fact, working for PG&E in opposition to the Clean Energy Act, he has a conflict (as I had suspected) and can’t speak for the mayor on this issue.

There was a hearing on the measure this week, and I’m sure the mayor is aware of it and what it entails. Can you let me know if he has taken a position or plans to?

Thanks for your help.

BALLARD: The Mayor says he is aware of this legislation and he is looking into it.

Real money, false arrest

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› gwschulz@sfbg.com

The false arrest of an elected official in San Francisco for using a $100 bill that police wrongly thought was counterfeit has evolved into a potentially precedent-setting legal struggle over police accountability.

The San Francisco City Attorney’s Office is seeking to appeal the case all the way to the conservative-dominated US Supreme Court, an expensive fight that could overturn what would seem a welcome ruling in liberal San Francisco. The Ninth Circuit Court of Appeals last August affirmed in the case that citizens have the right to sue police officers after being unreasonably arrested for a crime they didn’t commit.

After a federal district judge refused to grant qualified immunity to the officers and throw out the lawsuit, City Attorney Dennis Herrera’s office insisted on repeated appeals argued by deputy city attorney Scott Wiener, rather than settling for a few thousand dollars and accepting that the cops simply screwed up.

"There are some people who would say ‘Why don’t you just pay a little money to settle it?’<0x2009>" Wiener told the Guardian. "But we have to take a broader institutional perspective, because if you start settling cases that don’t have merit, you’re going to wind up with a lot more cases like that than you would have otherwise."

At the center of the story is attorney Rodel Rodis, a Filipino activist and elected trustee of City College of San Francisco, who was arrested in the spring of 2003 and dragged to a police station for supposedly trying to buy a handful of items from a Walgreens with a counterfeit $100 bill. The bill turned out to be real.

But by the time the officers came to that conclusion, Rodis had suffered what he regarded as the terrible embarrassment of being shoved into a squad car with his hands behind his back in front of neighbors and constituents. It also occurred just around the corner from his longtime law practice and the main campus of City College, where he’s been an elected trustee since 1991.

Rodis promptly filed a $250,000 claim against the city, former Police Chief Alex Fagan Sr., and two officers at the scene alleging false arrest, excessive force, and the negligent infliction of emotional stress, among other things. He later offered to settle the suit for $15,000, but the City Attorney’s Office refused to accept the deal.

Five years and innumerable legal bills later, the case just keeps getting worse for the city — even before it lands in front of a jury to determine if indeed the police should compensate Rodis.

"Part of my mind was saying … ‘I’m not going to argue. I’m not going to resist,’<0x2009>" Rodis said of the arrest. "I put my hands behind my back but I’m thinking ‘This has got to be a mistake. Somebody here has to have some sense.’<0x2009>"

Rodis was suffering from minor allergy symptoms on Feb. 17, 2003, when he headed to a Walgreens on Ocean Avenue he’d been going to for 20 years. It was located near his Ingleside home and a law office he’s had in the neighborhood since 1992.

He picked up some cough syrup, Claritin, toothpaste, and a few other things. The total came to $42 and change, so he tried to pay with a $100 bill.

"I just happened to have it in my wallet," Rodis said.

The drugstore clerk used a counterfeit detection pen to be sure the bill was legit. It was, according to the marking, but the bill was printed in the 1980s before watermarks and magnetic strips were used to help stop counterfeiting.

The young clerk was unfamiliar with the bill’s design and called a manager to be sure. He, too, used a counterfeit pen to confirm that it was real. But the manager told Rodis he was still going to call the police, fearing it was fake. That’s when things turned surreal. Two officers showed up and almost immediately placed Rodis in handcuffs before trying to ascertain if he’d actually attempted to defraud Walgreens.

"They made no effort to determine what the situation was … they just assumed," Rodis said. "When she said ‘Put your hands behind your back,’ I thought I was in some Twilight Zone moment."

A third ranking officer on the scene, Sgt. Jeff Barry, had known Rodis for years as a local lawyer and City College trustee. Their sons were classmates. But Barry allegedly failed to step in and question whether Rodis was likely to be a fraud artist.

Another officer, Michelle Liddicoet, told Rodis she knew who he was and that he "should be ashamed of himself," according to the suit.

Feeling humiliated as other Filipinos he knew looked on, Rodis was put into the back of a patrol car and taken to Taraval Station, where he was handcuffed to a bench. There he waited another 30 minutes or so until the police officers were able to reach the Secret Service, which investigates currency for the US Treasury Department. A federal agent confirmed that the bill was likely genuine. The whole ordeal lasted about a couple of hours and Rodis was driven back to the drug store.

"This wasn’t a situation where Mr. Rodis was held in jail overnight or for a week or had to post some large amount in bail," Wiener said.

Fagan sent out a department memo shortly afterward stating that suspects have to know the currency they’re using is counterfeit before being arrested, and in any event, if they insist it’s real, the officer can book the bill as evidence for later examination and give them a receipt without arresting anyone.

But by then the damage was done and the hasty reaction of police would lie at the heart of the case that Rodis subsequently filed.

Rodis is an unlikely champion of police accountability. Known for his cantankerous personality, he all but accused the secretary of the San Francisco Veterans Equity Center last month in his regular column for the Philippine News of supporting a band of communist guerillas in the Philippines known as the New People’s Army, a charge the man angrily denied.

He bitterly responded with a string of e-mails last year when the Guardian reported he was several months late in sending legally required campaign disclosure forms from his 2004 reelection to the Ethics Commission (see "At the crossroads," 07/17/07).

But the city’s police academy also has invited Rodis to lecture recruits about San Francisco’s Filipino community as part of the department’s sensitivity training. A week after the incident involving Rodis, an elderly Filipino man who sold the San Francisco Chronicle downtown was savagely beaten and robbed of $400. He never found a police officer while walking to his Tenderloin home, where he died. The two incidents, one following on the heels of the other, enraged the city’s Filipino population of 36,000, and Rodis believes it proves the police department continues to have trouble with discrimination.

"The fact that it happened to me meant that I was in a position to do something about it," Rodis said of his dust-up. "For many [Filipino immigrants] … they wouldn’t have had the resources or the knowledge of the procedures to fight back. Even up to now, five years later, I still bump into people who appreciate the fact that I filed the action."

The case was assigned to Wiener, who is coincidentally the elected chair of the San Francisco Democratic County Central Committee and a longtime party activist in a city that’s famously wary of any perceived threat to civil liberties.

In his capacity as a lawyer for the city, though, Wiener tried to have Rodis’ suit tossed using a common courtroom maneuver known as summary judgment. Civil defendants request them from a court by arguing that a claim is so lacking in merit that they shouldn’t have to endure a costly, time-consuming jury trial.

He also made the standard claim that city employees — in this case police officers — are shielded by what’s known as qualified immunity, a legal argument designed to allow them room to make honest mistakes without facing an endless barrage of expensive litigation.

In March 2005, federal district judge Maxine Chesney granted the request in part, throwing out Rodis’ claim of liability against the city and county. But she allowed the part of the suit involving the two officers to move forward, arguing the arrest was illegal because they didn’t have probable cause that Rodis intended to defraud the store.

So Herrera’s office turned to the Ninth Circuit Court of Appeals, and in a move that surprised Wiener, the panel ruled 2-1 that public employees are entitled to qualified immunity, but not when they fail to act on their considerable law enforcement powers in a reasonable way and take into account all factors present at the scene.

To put it bluntly, cops sometimes make an error in judgment but they still have to use their brains for establishing probable cause. The panel also argued that even if the bill was counterfeit, Rodis did nothing wrong if he wasn’t aware of it.

"Even without knowledge of Rodis’ identity and local ties," the majority wrote, "based on the totality of the other relevant facts, no reasonable or prudent officer could have concluded that Rodis intentionally and knowingly used a counterfeit bill."

Now Herrera had on his hands published legal precedent that his staff believed imposed a new requirement on police officers to not only conclude that perpetrators passed counterfeit currency but also that they intended to defraud their victims. The decision, city officials claim in their pleading to the Supreme Court, could hamstring local and federal law enforcement investigating counterfeit currency and some other types of fraud.

"They said it was clearly established that probable cause is a fluid concept," Wiener said of the ruling. "Well, that’s a meaningless statement. Of course probable cause is a fluid concept. But the point of qualified immunity is that officers are entitled to rely on the current state of law about what the requirements are and shouldn’t have to predict what a judge is going to do down the road."

Lawrence Fasano, a lawyer for Rodis, counters that Fagan’s memo to the department reinforced the court’s opinion. Considering that the police and people in the neighborhood had known Rodis for years, the officers on the scene should have concluded that it was out-of-character for him to pass a counterfeit bill.

"All the evidence that was looked at by the police officers at the time indicated that he did not intend to pass counterfeit currency, including the fact that he had other $100 bills in his pocket that were genuine," Fasano said.

Fasano argued, too, that case law in California made clear the issue of intent cannot just be set aside by police.

Other cities and counties in California so fear the case’s impact that two interest groups representing them, the League of California Cities and the California State Association of Counties, filed a joint friend-of-the-court brief after the Ninth Circuit’s ruling, arguing that digital counterfeiting was a "threat to the nation’s fiscal health" that could grow in the future, and if allowed to stand, "the panel majority’s decision would eviscerate the doctrine of qualified immunity to the detriment of the public."

Wiener filed the Supreme Court petition in May after a larger panel of Ninth Circuit judges rejected a request for rehearing earlier this year. While the Supreme Court accepts only a fraction of the thousands of cases it receives annually, Wiener believes there’s a chance it will be accepted because of another such case it’s examining from the Tenth Circuit. The city won’t know for sure until the fall.

He adds that it’s extraordinarily dangerous for police to be forced to consider a citizen’s status as an elected official before concluding that probable cause exists for an arrest. The City Attorney’s Office won’t disclose how much has been spent on the case until it’s resolved, but Rodis estimates he’s spent more than $50,000.
The US dollar may be losing value internationally, but a $100 bill from the 1980s could cost San Francisco big bucks.

Save SF’s campaign finance program

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OPINION In 2000, San Francisco voters approved a system of public financing of campaigns for the Board of Supervisors, which in 2006 was expanded to the mayoral race. By eliminating the need for candidates to raise large amounts of private money, the program has been extremely successful at helping sever the link between big money and political decisions. But now this flagship program is threatened: Mayor Gavin Newsom is proposing to raid several million dollars from the public campaign fund.

Last September the mayor put forth a plan to take $6 million from the fund and give it to one of his pet programs: SF Promise. The cost of this program was only $525,000 the first year, begging the question of why the mayor was grabbing $6 million from the fund. Of course, Newsom had actively opposed public financing for the mayoral race, so it’s possible he wanted to defund the program. Supervisor Aaron Peskin wisely introduced legislation to fund SF Promise from the city’s reserve funds, thereby warding off the raid.

Now another proposal has surfaced to remove $5 million from the fund. According to Ethics Commission spending projections, removing $5 million will create a $1.7 million to $4.3 million shortfall for the next mayoral race in 2011 — and that’s just to meet minimum baseline funding.

The justification for this plan is that the city is facing a budget crunch and needs these funds. The mayor promises, promises, promises to return the funds later — but the only way to legally secure those funds is through a charter amendment, which the Mayor’s Office has declined to support.

This latest rationale rings hollow, and we only have to look across the bay to see why. Earlier in the decade, Oakland adopted public campaign funding, and after it was used in one election cycle, Oakland was hit with a budget deficit. The City Council decided to dip into the public financing funds in the gap. They promised, promised, promised that they would restore the funding once the deficit problems were resolved. Yet to this day Oakland still does not have public financing of campaigns — because, while it’s still the law, there’s simply no money in the fund.

Meanwhile, in San Francisco, members of the Budget Committee seem to be prepared to vote in favor of this dangerous proposal as early as July 3. While Supervisors Ross Mirkarimi and Chris Daly have wisely expressed opposition, Supervisor Jake McGoldrick, who has been a public financing supporter in the past, has so far expressed support for the cut. McGoldrick could end up being the swing vote, joining with public financing opponent Sup. Sean Elsbernd and mayoral ally Sup. Carmen Chu to support this legislation.

Dipping into the public financing fund for any reason sets a terrible precedent and undermines the integrity of this valuable program. Just as politicians should not draw their own district lines because of a conflict of interest, they should not undermine previously established campaign finance laws.

Rob Arnow and Steven Hill

Rob Arnow and Steven Hill have been the architects of public financing for mayoral and Board of Supervisors elections. Steven Hill also is director of the Political Reform Program at the New America Foundation. Contact them at info@voterownedelections.org.

 

The commissioner’s conflicts

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› gwschulz@sfbg.com

Before the June 5 special meeting of the San Francisco Planning Commission got underway, Michael Antonini had an announcement.

Dressed in a charcoal suit and red-checked tie, with his white hair combed back over his skull, the longtime commissioner disclosed that he was a part owner of a condominium in the eastern neighborhoods, where a years-long rezoning effort is nearly complete. That means Antonini is among the people who could benefit from increased land values due to zoning upgrades.

As a result, Antonini begrudgingly declared that he would have to recuse himself from hearings involving the eastern neighborhoods until the potential conflict is dealt with.

"Hopefully this can be resolved in the next few weeks and I’ll be able to participate at later hearings," Antonini said at the meeting.

But it was a bit late to be complying with the state’s conflict-of-interest laws: Antonini had already actively taken part in meetings in which the plan was discussed. And Antonini also neglected to mention that after he and his son purchased the condo, he voted on two other projects that appear to be within steps of it.

Public records show that Antonini bought the $515,000 condo at 200 Townsend Street in 2003 with his real estate agent son, John. Commissioner Antonini and his wife own a 25 percent stake in the property through a family trust the couple created in 1997. His son holds the majority interest.

Antonini worked hard to play down his stake in the condo at the June 5 meeting. It’s not an investment property, he made clear to the commissioners. There’s no rent generated from it. He’s a mere minority holder in a family trust that controls the condo, and it was purchased as a residence for his son and his wife.

"Because I did not believe our fractional interest in John’s condo represented a conflict, I did not consider reclusing [sic] myself from projects near the condo," Antonini wrote to the Guardian.

But the laws on this are pretty clear. The state’s Political Reform Act of 1974 prohibits public officials from participating in decisions that will have a "foreseeable material financial effect on one or more of his/her economic interests." It also states that any "direct or indirect interest" worth more than $2,000 poses a potential conflict, for which a 25 percent stake in a half-million dollar condo would seem to qualify.

RECUSE ME


Other public officials in similar situations have recused themselves long before the issue became a potential political liability.

Sup. Bevan Dufty bought into a three-unit residential property on Waller Street with two co-tenants in December 2006. He immediately sought advice from the city attorney, who told him he no longer could vote on the Market-Octavia Plan, a series of land-use changes in Hayes Valley, Duboce Triangle, and elsewhere that was similar in scope to the current rezoning efforts in the eastern neighborhoods. The supervisor also couldn’t vote on a major Laguna Street redevelopment project or on legislation making it easier for seniors to convert rental units to condos.

Antonini told us that "only in the last month" did the city attorney warn some officials involved with plans for the eastern neighborhoods that if they held property in the area, there could be a conflict of interest.

"We’ve been working on [the eastern neighborhoods] for the whole six years I’ve been on the planning commission," he said at the meeting. "It’s a little troubling that this issue of conflict is raised now rather than at the very beginning."

The law does make an exception when the economic interests of the "public generally" could also be enhanced by a government decision such as those that have an impact on a large section of the city like the eastern neighborhoods. But the city attorney’s office concluded for now that the condo indeed may pose a conflict. And in the meantime, Antonini told us that the Fair Political Practices Commission in Sacramento, which helps enforce the state’s Political Reform Act, is being consulted to determine "whether our fractional interest in the condo truly represents a conflict of interest."

The eastern neighborhoods planning process isn’t the only legislation that created a potential conflict for Antonini. The commissioner voted in January 2007 to approve construction of 26 new single-room occupancy units at 25 Lusk Alley, not far from his property at 200 Townsend. The project’s sponsor, Michael Yarne, is a land-use attorney who today works for the mayor’s economic development office. The project was approved, according to meeting minutes.

The project itself relied on a contentious legal loophole in which developers claim their units are "single-room occupancy," a necessity because the area permits residential efficiency hotels where the poor and working-class used to live. Allowing such SRO hotels in areas zoned for light industrial uses enabled the city to preserve some forms of affordable housing. But builders can turn around and lease the opulently large units such as the ones at 25 Lusk, which bear little resemblance to genuine SRO rooms, to well-heeled clients.

"They are allowed where normal residential units are not allowed, because historically SROs were always extremely affordable housing," community organizer Calvin Welch said. "The whole notion of market-rate SROs is a new invention, and that’s why they’re controversial. They’re basically the new version of live-work lofts."

In November 2006, Antonini also voted to approve a liquor license for a new full-service restaurant and wine bar at 216 Townsend, even closer to his son’s condo.

TOO CLOSE FOR COMFORT


State ethics laws say that a public official has a conflict if his or her property comes within 500 feet of a project the official will be scrutinizing and voting on.

Conservatively measuring from the furthest corners of each property, Google Earth puts both the proposed restaurant and SRO within 500 feet.

Bob Stern, president of the Los Angeles–based Center for Governmental Studies and co-author of the state’s Political Reform Act, said a public official could face $5,000 in civil penalties for each conflict-of-interest violation. But it’s not common for the chronically under-resourced FPPC to go after local officials, he said.

Mayoral spokesperson Nathan Ballard wrote in an e-mail that "we take any allegations of conflicts of interest seriously" but added there is a disagreement over whether the "public generally" exception applied to the eastern neighborhoods and that the City Attorney’s Office was seeking additional input from the FPPC.

As for the two projects he voted on near the condo, Antonini apparently told the mayor’s office he had looked into whether 25 Lusk fell inside 500 feet. "Based on his understanding at the time," Ballard wrote, "they didn’t."

That’s a stretch, at best. The projects are in the same block. We walked them off and found that Antonini would have to be splitting hairs to argue that they are outside the boundary — and even in that case, it would be only by a few feet. The rusty red paint job, black trim, and stylish, outsize windows of 200 Townsend are easily viewable from the backside of 25 Lusk.

"If there is a legitimate argument that they did fall within the 500-foot radius, this should be clarified," Ballard stated. "However, given the relative insignificance of the two projects cited in your e-mail and Antonini’s long-standing reputation as an ethical and hard-working commissioner, we don’t have any reason to believe that he would have knowingly and/or willingly violated the state’s Fair Political Practices Act."

But the Lusk Street project was by no means insignificant. "They are highly regulated," Welch said of SROs. "You cannot convert them to tourist hotels without going through a very long and cumbersome process. They are valued for affordable housing so highly that the city regulates their conversion to tourist uses." So instead, the "corporate suites," as Welch calls them, masquerade as SROs. The project was approved in the end, but two commissioners — Christina Olague and Sugaya Hisashi — voted against it.

Antonini told us that he believes 25 Lusk is more than 500 feet away, and as for the restaurant, planning staff recommended approval.

The commissioner told us, "I was the one who brought public attention to the issue of my possible conflict. I believe it is a small issue when compared to my body of work on behalf of San Francisco over the last six years."

The June 5 meeting where Antonini made the disclosure about his son’s condo was part of a long and detailed process that will determine the fate of vast sections of Potrero Hill, SoMa, the Mission District, and Dogpatch. The official planning process for the targeted 2,200-acre area began back in 2001, and the commissioners could approve new zoning plans next month before sending the proposal to the Board of Supervisors.

For much of San Francisco’s history, the city sections poised for rezoning have been home to light industry and blue-collar jobs. But housing has encroached over the last 15 years, and the planning commission is prepared to allow between 8,000 and 10,000 new units over the next 20 years. That will almost certainly increase the value of land in the area.

Residential developers built thousands of pricey condos in the SoMa District during the 1990s, exploiting another divisive zoning loophole that created waves of animosity across the city and aided in a takeover of the Board of Supervisors by a progressive bloc of candidates.

Live/work lofts, as developers called them, were built in areas zoned for light industrial commercial purposes. Wealthy buyers would ostensibly operate businesses out of their homes or live in them as working artists as the zoning required, but few have complied with the letter or — having found ways to narrowly abide by it — the spirit of the law.

"The city turned its head," housing attorney Sue Hestor said. "We have 3,000 units that are supposed to be occupied by artists and probably 90 percent of them are not occupied by artists at all. It’s blatantly illegal."

Antonini has managed to maintain friendships with local moderate Democrats over the years despite being an elected member of San Francisco’s Republican Party County Central Committee. Willie Brown first appointed him to the powerful planning commission in 2002, and he’s been a reliable vote for developers and other large business interests. Mayor Gavin Newsom reappointed him in 2004 and earlier this year tried to engineer Antonini’s election as president of the commission.

Sunshine Task Force shoe-in shot down

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Chalk this one up in the “take nothing for granted” category.

The Board of Supervisors at today’s meeting gave an empty seat on the Sunshine Task Force to James Knoebber, rather than David Waggoner — the candidate recommended by Rules Committee. The switch came from Sup. Sean Elsbernd, who happens to be sitting on the opposite side of the courtroom as Waggoner in a case currently before the Ethics Commission.

Yet, there was no discussion about the amendment from Elsbernd to vote in Knoebber over Waggoner. The supes voted 9-1 in favor of Knoebber, ignoring the recommendation from the Rules Committee.

As one witness told us, “Nobody said anything except Elsbernd. They just voted. It smacked of an insider deal. The proper thing to do would be to send it back to Rules.”

On May 15, the Rules Committee (comprised of Ammiano, Dufty, and Daly) recommended Waggoner to the seat — an attorney with experience using the Sunshine Ordinance and who other task force members had looked forward to working with.

Waggoner expressed some shock at the news. “I don’t really know the back story yet. I don’t know why the supervisors changed their votes,” he told us. “At the Rule Committee, the conversation was about former chair Doug Comstock [the incumbent for the seat] and myself. They barely discussed the other candidate.”

“Supervisor Daly in particular mentioned I was very well qualified,” he recalled.

Daly is apparently the only one that stuck to his guns and was the lone dissent on the vote (though Maxwell was out of the room.)

A call of Ammiano on why he changed his vote has not been returned.

But here’s the back story:

Flying the coop?

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› news@sfbg.com

GREEN CITY From inside the trailer-size office at Sunrise Farms, one can hear the incessant squawking of 160,000 chickens housed nearby. The Petaluma-based egg producer generates the vast majority of eggs sold in the Bay Area with its seven properties and 1 million hens, one of two large egg operations in a region that used to have thousands of smaller chicken farms.

On one wall of the office a framed aerial black-and-white photograph shows the same property as it appeared more than 70 years ago. The layout of buildings hasn’t changed much over time, still retaining the long, thin structures aligned side-by-side. But in the photograph, little white specks populate the space between buildings — they’re chickens, and all 10,000 were free to wander. Today the birds are kept indoors and, to save space and increase production, are typically confined in small cages. These "battery" cages are stacked in rows four cages high, allowing each bird 67 square inches of room — about the size of a large shoebox.

Although the egg industry says the cage systems are science-based and humane, animal welfare activists say they are cruel and restrict natural behaviors. In November, voters will decide whether to ban the cages in California, thanks to a six-month signature-gathering effort sponsored by the Humane Society of the United States along with other animal welfare groups. As hundreds of veterinarians, businesses, farmers, and politicians — including Assembly member Mark Leno and state senator Carole Migden — continue to endorse the measure, the California egg industry is rallying farmers from across the country against it. If voters approve the law, California’s egg farmers would be required to move the state’s 19 million caged birds into cage-free facilities by 2015.

Since 2002, Florida, Arizona, Oregon, and Colorado have passed similar laws regarding the confinement of pregnant pigs and veal calves in crates — both included in the California measure — but California would be the first state to pass a law regarding the confinement of egg-laying hens. The pork and veal industries have begun voluntarily phasing out confinement practices nationally, and animal welfare groups hope for a similar response from the egg industry if the measure passes in California.

But some consumer groups and egg producers fear the cost of eggs could increase drastically as a result of the new laws. The industry is historically volatile, with prices rising and falling week to week due to disease outbreaks and fluctuating consumer demand. Recently, however, the industry has seen steady growth. The average American now buys around 260 eggs per year, an increase since the 1990s that has resulted in higher profits for the $3 billion-a-year industry.

Although the financial toll the measure would have on farmers and consumers is unclear, the Humane Society touts a study prepared for an industrywide meeting in 2006 as evidence that the cost to switch over to cage-free farming would be minimal. The report claims that the difference between constructing and operating a cage-free facility compared to a caged one amounts to less than one cent per egg. However, the work-up assumes land prices of $10,000 per acre — a fourth of the average land cost in Sonoma County. But even using the higher estimate, the difference is still only slightly more than a penny per egg.

Arnie Riebli, the managing owner of Sunrise Farms, says he disagrees with those figures and doesn’t understand how they were calculated. Indeed, he thinks the cost of cage-free production is closer to double that of caged production. Even so, he says that while initial costs are higher, he receives a higher profit margin on cage-free eggs because of their specialty pricing.

If required to raise only cage-free birds, Riebli says his business will lose its competitive edge to out-of-state producers. One-third of California’s eggs currently come from outside of the state, which means the delivery routes and trucks from the Midwest are established, which means flow could easily be increased. "Every other state is going to sit out there and ship more eggs in here," he says. "They’re not stopping it. They’re just moving it somewhere else."

Riebli’s says he is concerned with his hens’ welfare as much as ever, and has taken trips across the world to research the latest in hen-raising technology. But he stands by his methods. "I use myself as a judge to see what my animals will like," he says. "I go into the building just as I am. If I’m comfortable without a mask, without any protection, then the birds must be too."

The chickens closest to the office are considered cage-free. The 4,000 birds inside the building are fed an all-organic diet and, although quarters are still tight (slightly over a square foot is allotted for each), the birds can dust bathe, perch on posts, and spread their wings. Sunrise Farms reflects the entire industry, since only about 5 percent of its egg-laying hens are raised without cages. In most other buildings, birds are held in battery cages. Ten birds live in each four-foot metal cage.

The eggs are packed on site and distributed through NuCal Foods, the largest egg supplier in the western United States. NuCal also delivers eggs from Gemperle Enterprises, the company whose facility recently came under fire after animal rights activists released undercover footage of severe animal abuse at its farm. Although the farm now claims the video was staged, it showed heinous acts of cruelty, including stomping and throwing hens. More important, it showed the conditions of the hens living in battery cages. Many had excessive feather loss, abnormal growths, and infections.

Riebli says he wants to distance his farm from the cruel treatment shown in the video. Still, he admits that all laying hens are susceptible to cancers, infections, and feather loss, although not usually as severe as what was shown in the video. "There’s a disconnect to where people’s food comes from," Riebli says. "They think it comes from the back of the grocery store, but unfortunately it doesn’t. It has to come from somewhere."

The Riebli family has been in the Petaluma egg business for more than 100 years, and since 1960 his company has grown by joining with other egg producers. The farm survived the Depression, the bird-flu scare, many salmonella outbreaks, and even break-in attempts from animal rights activists. Now that iron bars guard the office windows, Riebli is no longer as worried about criminal attempts against his farm. His main concern these days is that the law, although aimed at protecting chickens, could put him out of business.

"Animals are not human," he says, furrowing his brow and raising his voice slightly. "They don’t have intellect. Chickens probably have brains the size of a pea."

Sara Shields, who holds a doctorate in animal behavior from the University of California, Davis, is among the most vocal American scientists to oppose the use of battery cages. She notes that in Europe, where battery cages were banned in 1999, she’d be considered moderate. She recently released an extensive study comparing the welfare of hens in battery cages to those in cage-free systems. "I would like to see us raise the bar for the treatment of animals," she says. "There’s a limit to how high that bar can be set in cages. I don’t think cages have the potential to be humane."

But most American agricultural scientists disagree and say both systems can be operated humanely, though they grant that poorly-run versions of either type can be disastrous. To prevent mismanagement, United Egg Producers, a lobbying group that represents 85 percent of the country’s egg farms, decided to develop standards for caged production in 1999. They sought out UC Davis poultry scientist Joy Mench to lead a team of scientists in creating these welfare guidelines.

By analyzing the disease, injury, mortality, and productivity rates of birds kept in different systems and spaces, the group developed criteria that the industry subsequently adopted. Among these standards is the 67-square-inch minimum space requirement for each hen. These measures mostly focus on disease and mortality control as well as egg-laying productivity, but have less concern for behavioral welfare.

Although caged birds in modern systems sometimes have lower disease rates than cage-free birds, Shields says the potential for humane treatment in cage-free systems is much higher. Most scientists agree that hens in battery cages cannot engage in many of their natural behaviors, including wing-flapping, nest-building, perching, dust-bathing, scratching, and preening. And although disease control in cage-free systems is more difficult, Shields says, cage-free flocks can be maintained healthfully and successfully.

But Riebli has had problems with one of his younger cage-free flocks at Sunrise Farms. They became startled and piled on top of each other earlier this month, he says, suffocating 20 percent of the birds.

But Shields says this is highly unusual, and points toward newer, aviary-style cage-free systems as a solution for producers who encounter the problem. These methods divide the birds into smaller flocks within the same building, and rely on multiple levels to allow birds to perch and nest. Another potential issue, she says, is the lack of a perfectly-bred hen for cage-free production. After years of breeding hens to produce well in battery cages, breeders only recently have begun breeding for traits that benefit cage-free production. "The bird needs to be suited to the environment, and the environment also needs to be more suited to the birds," she says.

An aviary system costs more to set up than an empty cage-free building, but Shields dismisses these costs. "If we keep racing to the bottom in the name of cheap food, the eventual cost is going to be put on the animals," Shields says. "At some point we have to balance economic costs with moral and ethical considerations."

Over the past two-and-a-half years, a group of 15 politicians, scientists, farmers, and ranchers banded together to do just that. The Pew Commission on Industrial Farm Animal Production released a report last month detailing many troubling issues with the country’s farm animal production. The group specifies that the California ballot measure is a great place to start.

More than 100 cows graze Bill Niman’s 1,000-acre Marin County ranch, but only a couple have ever successfully navigated down the cliffs from the pastures to the beaches. Niman’s home is less than a mile inland, and on clear days he can see across the bay to San Francisco and even Daly City. He founded Niman Ranch on this property in the early 1970s and quickly caused a stir by deciding not to feed antibiotics and hormones to his cows. At first his fellow ranchers didn’t take him seriously, but now nearly all beef producers feed their cattle hormone-free food. More than 30 years later, Niman is determined to use the credibility he has earned to help all farm animals gain better treatment.

Last year, at 63, he gave up his seat on Niman Ranch’s board of directors, effectively ending his involvement with the company he once ran. Now he volunteers with the Pew Commission on Industrial Farm Animal Production. "One of my missions in life is to change the way animals are treated and how food is produced in this country," he says.

As part of the commission’s research, Niman visited one of the nation’s largest caged production houses in Colorado. Despite the state-of-the-art automated system, Niman was not impressed. "It’s pretty hard to put a rosy picture of 1 million chickens living five birds to a cage with no room to move around or stretch their wings," he says. "If I ran the place, I’d have trouble sleeping at night."

Niman believes the public wants to see reform in the food production industry. He says that this measure, and any laws that improve animal welfare, will only expedite what would eventually come naturally due to consumer demand. "I’m not one to advocate more and more legisutf8g, but I also know what’s going on out there," he says. "Change is so critical — and coming — that the sooner that change can begin, and the more orderly and methodical that change can be, the better off everyone will be."

Niman is part of a food movement centered around the Bay Area that includes author and University of California, Berkeley professor Michael Pollan, who also has expressed support for the measure. "The treatment [of hens] is important for reasons for morality, ethics, and sustainability," Pollan tells the Guardian, adding another ulterior motive for changing how hens are kept: "Eggs from hens that live outdoors on grass are a excellent product, even more nutritious and tasty." *

Endorsements

0

>>Click here for the full-text version of this story

Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

Hot like Neu Wave Feminism

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feminab.jpg

At the Femina Potens gallery, oil painter Alicia DeBrincat, photographer Rocksusto, and paper cut artist Lex McQuilkin take a fresh look at gender, sexuality, societal expectations and ethics in Neu Wave Feminism, a group show that opened April 5.

DeBrincat’s “Cultural Corset” series examines how women’s identities and societal expectations play out on the terrain of the body. She is interested in how American culture is simultaneously obsessed with the female body and repulsed by its natural form.

Her huge oil paintings portray female nudes with a stunning realism – breasts small and large, thighs puckered with cellulite, rounded bellies.

“The paint is applied with an attention to anatomical detail that both celebrates women’s bodies and references the leering voyeurism and minutely critical gaze that the female body encounters,” she writes in her artist statement.

Photographer Rocksuto has also taken a thematic approach to her work. In 2007, she embarked on A Photo a Day project, which explored a range of themes, such as population, foreclosures, sexual ethics, trust fund nihilism, and chickens.

This year, she’s embarked on A Photo a Month project, where she’s limited her thematic exploration to gender roles, sexual ethics, and religion.

Lex McQuilkin’s swirling, delicate paper cuts explore gender and masculinity from queer perspective. Her latest series, Good Old Boys, explores the precariousness of masculinity and its portrayal.

Gender and sexuality — not tired!

Neu Wave Feminism
April 5 – 27, 2008
Gallery hours: Thurs-Sun, 12-6 p.m.
Femina Potens Gallery
2199 Market, SF
415-864-1558

Guide to greener living

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Click here for even more green businesses and services, including Green Citizen, Green Zebra, PLANTSF and more!

ERECYCLE CAMPAIGN


Want to obey the bumper stickers and kill your television? That’s OK. But be careful where you bury it. TVs, as well as computers, DVD players, and all kinds of electronics, have no business in landfills. They’re made of plenty of metal which can be recycled, along with plenty of chemicals that are hazardous to the public. The eRecycle campaign, sponsored by the California Integrated Waste Management Board, maintains a Web site of local pickup and drop-off services for your e-waste — and thankfully, just in time for the high-def TV changeover in 2009.

www.erecycle.org

ECO HOME IMPROVEMENT


Want a greener home from the ground up? This is your one-stop shop. From flooring and cabinets to decor and lighting, everything here is natural, sustainable, and eco-friendly.

2617-2619 San Pablo, Berk. (510) 644-3500, www.ecohomeimprovement.com

DR. NAMRATA PATEL


Finding the right dentist is tough. But Dr. Namrata Patel makes your decision easier with her new LEED-certified (that’s Leadership in Energy Efficiency and Design) office. Patel uses nontoxic products — keeping PVC, formaldehyde, and chlorine out of everything from floors to cabinetry. She’s careful about reducing waste. She uses minimal radiation and a special filtration system for dealing with mercury fillings. Even her office furnishings are made with recycled materials. And yes, she accepts insurance!

360 Post, Suite 704, SF. (415) 433-0119, www.sfgreendentist.com

SAN FRANCISCO GREEN BUSINESS PROJECT


Want to make sure your favorite restaurant or preferred electrician uses green practices? This online resource will point you toward businesses in SF, from bars to baby clothes retailers, who are committed to the environment.

www.sfenvironment.com/greenbiz

LUSCIOUS GARAGE


The actual act of driving isn’t the only reason having a car is hard on the environment. Maintaining it is too. But Luscious Garage is trying to help on both accounts. This woman-owned and operated facility specializes in hybrids, and runs the whole business as sustainably as possible, from the machine shop to the office. And for these luscious ladies, sustainably goes beyond chemicals and objects — they also sustain their community by hosting classes and a hybrid car club in their beautiful facility.

459 Clementina, SF. (415) 875-9030, www.lusciousgarage.com

PAT’S GARAGE


Like Luscious Garage’s brother, Pat’s also focuses on environmentally friendly business practices. Bring your Honda, Acura, or Subaru for services you can feel good about. Or, if you have a hybrid, you can work with Pat’s partners, Green Gears, to upgrade your hybrid with plug-in capabilities. Bonus? They offer free car classes for women.

1090 26th St., SF. (415) 647-4500, www.patsgarage.com, www.greengears.com

KEETSA


This SF-based business wants you to rest easy with their eco-friendly mattresses. With recycled steel in the coils, bamboo and unbleached natural cotton for fabrics, nonchemical odor-controlling and antibacterial treatments, and ingenious use of scrap memory foam bits, every mattress is as kind to the earth as it is to your body. Keetsa further reduces its carbon footprint with its innovative mattress compression technique, allowing for easier and more efficient transport. But are they good mattresses? They must be. After less than a year in business, they’re already opening a store in Fairfield.

271 Ninth St., SF. (415) 252-1575, www.keetsa.com

ECOHAUL


Just bought a new Keetsa and want to get rid of your tired old Sealy? Don’t just throw it in the trash. If you don’t live on one of those SF streets where a stranger will pick up your stuff from the sidewalk within an hour, call San Rafael–based Ecohaul. This nationwide service will pick up your furniture, appliances, yard waste, and just about anything else you can think of. Then they’ll reuse, recycle, and repurpose everything they can, diverting as much from the landfill as possible.

1-800-ecohaul, www.ecohaul.com

THE ORCHARD GARDEN HOTEL


You’ve greened up your home, so why not find an eco-friendly home away from home? The Orchard Garden was the third hotel in the United States to be given LEED certification for its key card energy control system (SF’s first — it’s based on the European model), organic bath products, natural materials, and general commitment to sustainability. Also check out its sister hotel, the Orchard, on Union.

466 Bush, SF. (415) 399-9807, www.theorchardgardenhotel.com

EPI CENTER MEDSPA


Ten years ago, Epi Center was the first spa in the country to combine traditional spa treatments and medical procedures. Now it celebrates its anniversary with a new innovation: the ecomedspa. This LEED-certified arm of the original spa combines regular procedures with organic treatments in a healthy environment, all according to the principles of William McDonough’s "Cradle to Cradle."

450 Sutter, SF. (415) 362-4754, www.skinrejuv.com

NEPALESE PAPER


Based in Penngrove, this company imports handmade Nepali paper made from bark of a white shrub called lokta, which regrows after pruning. Not only does this mean no trees are cut down, it also means employment for many women in Kathmandu Valley and financial support for village regions of Nepal. Plus, the paper’s gorgeous. Order online, or find it at Stylo, Autumn Express, Kinokuniya Stationery and Gifts, or San Francisco State University.

(707) 665-9055, www.nepalesepaper.com

MORE DIRT


Make a fashion statement with these simple, 100-percent organic T-shirts by Heidi Quante. The shirts, which are brown with white lettering saying "More Dirt" on the front are meant to capture attention and send people to Quante’s Web site, which shows people how to combat global warming through planting trees, establishing community gardens, and using permaculture techniques. Inks are made without PVC or phthalates, and shirts come in sizes for men, women, and babies.

www.moredirt.org

A. MACIEL PRINTING


Family owned and operated since 1984, A. Maciel specializes in recycled and tree-free papers as well as soy-based inks. What’s even better? The shop is completely wind-powered. Though the print shop is capable of doing corporate jobs, A. Maciel caters to nonprofits and community groups like the American Land Conservancy, Forest Ethics, and Greenpeace. They’re also part of Northern California Media Workers/Typographical Union. Sure beats Kinko’s.

50 Mendell, Unit #5, SF. (415) 648-3553, www.amacielprinting

TRANSPORTEDSF


All aboard the ecobus! This organization takes Das Frachtgut, the veggie oil–fueled bus Jens-Peter Jungclaussen uses as a mobile classroom, on an ecofriendly party tour. Movie nights are all about watching modern classics and then doing some kind of relevant outdoor activity (e.g., see The Big Lebowski, then bowl outside). Dance nights turn the bus into a mobile DJ booth and an instant, impromptu club. It’s fun, safe (no drunk driving, kids!), and above all, Earth friendly.

www.transportedsf.com

A less perfect union

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› jesse@sfbg.com

By nearly every measure, the Service Employees International Union has become a juggernaut. As the rest of organized labor has seen its share of the American workforce continue to dwindle, SEIU has brought in some 800,000 new dues-paying members in recent years. With the Democratic Party taking over Congress in 2006, the 1.9 million-member organization, rich with campaign funds, wields enormous political clout, and it will only become more formidable if Hillary Clinton or Barack Obama wins the White House in November.

But all is not well inside the labor giant. Andy Stern, the union’s president, has pushed hard for merging and consolidating local chapters into larger operations — and many SEIU members, especially here on the West Coast, say that’s turning the union into a top-down autocracy in which Stern loyalists wield undue influence and meddling officials from Washington, DC squelch dissent.

And now, the Guardian has learned, Stern operatives are using their money and organizing clout in a hard-hitting campaign — not to force an employer to the table or to toss out an anti-union politician, but to discredit another labor leader.

The campaign is part of a bruising power struggle between Stern and dissident local leader Sal Rosselli, who runs the Oakland-based SEIU affiliate United Health Care Workers West. In the past few months, union insiders say, SEIU officials, including a senior assistant to Stern, set up what one leader called a "skunk team" to undermine Rosselli’s efforts at winning key union delegate elections. At one point, the team — which involved a political consulting firm linked to big downtown businesses — discussed an opposition research file compiled on Rosselli by a health-care giant his union was fighting

And leading up to the delegate elections last month, SEIU staffers worked to promote Stern-supporting candidates, possibly in violation of union rules, while actively discouraging other union employees from campaigning. That’s led to a formal complaint alleging improper involvement by Stern’s staff in a local union election.

EMERGING TENSIONS


In 2005, Thomas Dewar went to work as a press secretary at Local 790, formerly SEIU’s biggest San Francisco outlet, which represented approximately 30,000 workers, most of them public employees. Local 790 was among the most politically progressive union shops in the country, supporting left-leaning candidates for office and progressive causes like public power. In early 2007, Andy Stern initiated a merger of 790 with nine other regional locals. The move was part of a larger consolidation in the state that saw the number of California union affiliates reduced by nearly half.

The new Northern California superlocal was dubbed 1021, as in "10 to one." Local 1021 has continued 790’s liberal activism. But right after the merger was finalized, Dewar and other sources told the Guardian, the atmosphere around the union changed for the worse.

"A lot of members had anxiety," Dewar recounted. Most troubling, he said, was the insertion of Stern appointees into leadership positions, including current president Damita Davis-Howard. "Members were upset. They saw co-workers whom they had elected unilaterally removed by a guy in DC and replaced by his handpicked appointments."

Ed Kinchley, a Local 1021 member who was appointed by Stern to the local’s executive board after the consolidation, shared Dewar’s memory of the tensions. "You had 10 different locals with 10 different ways of doing things. It’s difficult to merge all of that. A lot of people who had been elected to leadership positions were removed."

Dewar told us he struggled to adjust to his new working environment. But after his initial misgivings, he said he devoted himself to backing Stern’s vision for the combined local: "We were told over and over that change is hard. So I decided to give it an honest shot." Dewar said he worked to get good press for 1021 and to build Davis-Howard’s profile.

But early this year, tensions between Rosselli and Stern flared — and according to Dewar, top staffers at 1021 began to focus more and more of their attention on the feud.

"They were freaking out about Sal," he said.

Enraged at what he considered International meddling in the affairs of his Oakland-based local, United Healthcare Workers West, Rosselli resigned from SEIU’s executive committee in early February. He also began championing a "Platform for Change" to be voted on at the upcoming SEIU convention in June. Among other things, the Rosselli-backed slate of reforms would give local union outlets more say in proposed mergers and collective bargaining agreements. The platform, if approved, would also scrap the current delegate system for electing International officials and replace it with a one-member, one-vote structure.

According to Dewar’s account and to evidence obtained by the Guardian, top SEIU officials have been working overtime to counter Rosselli — even pushing the boundaries of the union’s own rules and colluding with political consultants who have often opposed organized labor.

‘THE ANTI-CHRIST’


In early March, Dewar said that in early March, Josie Mooney, a former Local 790 president who is now a top assistant to Stern, approached him about joining what she characterized as a "skunk team that Andy and I are putting together." Dewar recalls Mooney telling him that the purpose of the team was to counter Rosselli’s increasing popularity with the rank and file, and to sink Rosselli’s platform for the convention.

Dewar told us that Mooney asked him to join the skunk team during a brunch meeting at the Fog City Diner in early March. An e-mail exchange he shared with us shows that he and Mooney discussed having brunch at the diner on March 1.

Mooney did not return numerous calls for comment and, through an SEIU spokesperson, she declined to speak for this article. But Dewar told us Mooney promised him at the brunch that his assistance in her efforts would win him positive attention from Stern. The team, she reportedly told him, was directly authorized by Stern and "that resources would not be a problem."

Dewar said he vacillated about joining the team, torn about aiding what he considered to be an internal union smear squad. "In 1021, we’re conditioned to think that Sal Rosselli is the anti-Christ," Dewar told us. "But even still, he was still a part of the same union." A March 4 e-mail from Mooney’s SEIU e-mail account to Dewar shows her urging Dewar to make up his mind: "You have to give me your commitment. I am (as we speak) selling you at the highest levels. Don’t blow that :)."

Dewar eventually agreed to join Mooney, Tom DeBruin — an elected vice president of SEIU International — and someone Dewar said Mooney referred to as the team’s "silent partner" for a dinner meeting.

E-mails from Mooney and other attendees show that the meeting took place March 10 at Oliveto Restaurant in Oakland.

Mooney’s "silent partner" turned out to be Mark Mosher, of the enormously successful San Francisco consulting firm, Barnes, Mosher, Whitehurst, Lauter, and Partners (BMWL). John Whitehurst, another of the firm’s partners, also attended the dinner.

BMWL has worked for the SEIU since 2001. But its client roster also included Sutter Health and the Committee on Jobs. Both organizations have less-than-stellar reputations among organized labor. Nurses at 10 Bay Area Sutter hospitals recently walked off the job for a 10-day strike. The Committee on Jobs is one of the largest lobbying organizations for downtown San Francisco business interests and has fought against numerous union causes. Mosher told the Guardian by phone that, as of November of last year, the Committee is no longer a BMWL client.

THE ROSSELLI FILE


Dewar claims Sal Rosselli was the central topic of conversation at the dinner. At one point, he says, the participants discussed an "oppo research" file on Rosselli compiled by Sutter Health. The hospital giant has clashed repeatedly with Rosselli and apparently had sought to dig up dirt on him.

Whitehurst worked for Sutter in the 1990s. His efforts for the hospital chain during a ballot campaign in 1997 earned him a place on the California Labor Federation’s "do not patronize" list.

Mosher confirmed by phone that Rosselli’s file at Sutter did in fact come up at Oliveto that evening. But he said Dewar "baited" him and Whitehurst into discussing it. Furthermore, he said, Whitehurst reported that Rosselli’s file was "clean."

In fact, a March 12, 2008 e-mail from Dewar to Mosher suggests that the team focus on Rosselli’s "hypocrisy" and states, "Have we approached anyone at Sutter re: dirt on Sal? Have we been able to peek into their oppo file?"

Later that day Mosher replied, "John Whitehurst read Sutter’s whole oppo file on Sal in 1997." In a follow-up message, Mosher writes that the file "really supports the idea that he’s not motivated by money."

DeBruin did not return calls for comment. Kami Lloyd, communications coordinator for Sutter, disputed whether the oppo file even existed: "To my knowledge," she told us, "no such file exists at Sutter Health."

Reached for comment, Rosselli reacted angrily to news of the alleged "skunk team" and the fact that a research file on him, compiled by a corporation perceived to be anti-union, was being discussed among SEIU officials. "It’s shocking. It’s treasonous. For Andy Stern to be using our members’ dues money to finance [a smear] campaign against his own members in United Healthcare Workers, it’s fundamentally anti-union."

Mosher defended his firm’s involvement with SEIU. He told us that he and Whitehurst were "not brought on board to do negative things against Sal Rosselli." Instead, he said their mission has been to help tout the union’s accomplishments as it prepares to hold its convention from June 1-4 in Puerto Rico.

SEIU spokesman Andy McDonald echoed Mosher’s description of the firm’s duties. Both Mosher and McDonald brought up the fact that Whitehurst has also worked for Rosselli’s UHW union.

UHW’s Paul Kumar confirmed that Whitehurst is currently "on our payroll" to assist in a dispute against Sutter Health — the very company Whitehurst worked for in the 1990s and the same source that provided him with access to Rosselli’s research file. "These guys [BMWL] claim they are trying to reinvent themselves," Kumar said. "But to be on our payroll and to engage directly in executing a dirty tricks program … is about the most blatant violation of professional ethics I can imagine."

Whitehurst did not return calls for comment.

Dewar claimed he urged Mooney and the other attendees of the March 10 dinner to consider "appropriating" Rosselli’s democratic reforms. "The members would all wildly support it. And that way, if the International co-opted Rosselli’s ideas, then [the internal conflict] really would be about this clash of personalities, Rosselli versus Stern, instead of ideas." According to Dewar, Mosher and Whitehurst were receptive to the proposal to co-opt Rosselli’s initiatives, but that "Josie nixed it."

When we asked Mosher if he remembered this exchange from the meeting, he said his memory was "hazy" and that "a lot was being discussed that night."

Although Dewar was, by his own account, an active participant in the skunk team, he says he started to have second thoughts. The dinner at Oliveto, Dewar said, and the discussion of Sutter’s file on Rosselli, "made me want to take a shower … the cynicism I was exposed to was toxic."

One week later, he sent Mooney an e-mail informing her that, "Today’s my last day at SEIU … the circular firing squads that are now forming in the local and in SEIU nationally have left me jaded, stressed out, and depressed."

SEIU’s McDonald denied that the skunk team exists, or ever existed. He added that "the meeting [at Oliveto] was about talking about how [Mosher] could help SEIU communicate our message … within the context of the misinformation campaign being spread by Sal Rosselli and UHW’s leaders."

OUTSIDE INFLUENCE


The rancor between Rosselli and Stern has reached a boiling point in recent weeks. In compiling this story, we had to wade through reams of documents and endure long expatiations from officials and press flaks about the sins of the other side. Both factions have constructed slick, professional-looking Web sites to question the probity of their rivals, and both have coined kitschy names for their respective policy initiatives. The SEIU has countered Rosselli’s "Platform for Change" with what union leaders call a "Justice for All" platform.

But the internecine struggle may have driven Josie Mooney and other high-level SEIU staffers to do much more than vent about Rosselli or seek dirt on him from political consultants. E-mails obtained by the Guardian suggest that she and other SEIU officials worked to influence an important local delegate election last month — possibly in violation of union rules — and, some union members now allege, in violation of federal law.

Delegates selected in the election will attend the union’s international convention in June and will decide between the Rosselli’s "Change" and Stern’s "Justice" platforms. The outcome of that vote, and others like it, will shape the mammoth labor organization’s future for years to come. And the e-mails appear to show a concerted effort by Mooney and Stern loyalists to ensure that Rosselli’s dissidents don’t stack the convention and push through their set of reforms.

Referring to themselves in the e-mails as the "Salsa Team," SEIU staffers discussed strategy and coordinated campaign activity for the delegate election with high-ranking union officials like Mooney and Damita Davis-Howard, the president of Local 1021, the e-mails show. In a formal complaint, some members charge that these activities violated Local 1021’s Election Rules and Procedures — specifically Rule 18, which states that "while in the performance of their duties, union staff shall remain uninvolved and neutral in relation to candidate endorsements and all election activities."

While Rule 18 does not specifically spell out when union staff can advocate for candidates, other than proscribing such activities "while in performance of their duties," the e-mails in our possession are date- and time-stamped, and at least one was sent during normal business hours. Furthermore, the Guardian has obtained an internal memo from Local 1021 official (and apparent Salsa Team member) Patti Tamura in which she warned union staffers that the phrase "’performance of their duties’ goes beyond [Monday through Friday] and 9-5p."

One Local 1021 official who asked not to be identified told us that Tamura’s memo appeared to be a clear message that staff should stay completely out of the election. "They made it perfectly clear to the lower staff that your employment doesn’t stop [after hours]; you’re still staff. That means you don’t get involved. But now it turns out they themselves were doing it. That’s a double standard … it’s certainly not right."

The messages between Salsa Team members show them actively working to recruit potential delegates sympathetic to Stern’s platform and to aid Davis-Howard in her bid to represent the union at the June convention. One missive, dated Feb. 18, which appears to come from the personal e-mail account of Local 1021 employee Jano Oscherwitz and was sent to what appear to be the personal accounts of Tamura and Mooney, requests that a "message for Damita" be drafted.

A forwarded e-mail from that same day, from Oscherwitz to what appear to be personal e-mail accounts for Tamura, fellow 1021 staffer Gilda Valdez, and "Damita" includes a "Draft Message" with bulleted talking points, apparently for Davis-Howard to use as she "Collect[s] Signatures on Commitment Cards."

"Commitment cards" refers to pledges from union members to support certain delegates.

The e-mails go beyond merely aiding Davis-Howard and other Stern-backed candidates. They also include detailed strategy for opposing Rosselli and countering his message. A March 5 Salsa Team message includes an attached document with several talking points critical of the dissident leader. In the body of the e-mail, SEIU staffer Gilda Valdez advises Davis-Howard, Mooney, 1021 Chief of Staff Marion Steeg, and others to "Memorize the points in talking to folks." Valdez goes on to say in the e-mail that she "will be calling … about your assignments."

Reached for comment, Davis-Howard confirmed that the AOL e-mail account listed as "Damita" was hers. But she claimed no knowledge of the Salsa Team or the messages sent to her. "If you’re saying those e-mails went to my home computer, who knows if I ever even got them?"

Davis-Howard bristled at the suggestion that the Salsa Team’s activities violated union rules. "Are you trying to tell me that I can never campaign? Does it [Rule 18] say that I have to be neutral and uninvolved 24 hours a day?"

Calls to Mooney, Oscherwitz, Valdez, and Tamura were not returned. Through an SEIU spokesman, Mooney declined to comment.

A BAD AFTERTASTE


On April 4, three days after the Guardian first reported on the Salsa Team e-mails on our Web site, Sanchez and several other 1021 officials filed a formal complaint with the union’s election committee. In the complaint, they accuse Davis-Howard and the other team members of vioutf8g Rules 10 and 18 of the union’s election codes. Rule 10 forbids "the use of union and employer funds … to support any candidate."

Local 1021 executive board member and Stern appointee Ed Kinchley authored part of the complaint. According to the text, which was obtained by the Guardian, Kinchley wrote, "While telling other staff that they may be fired for any intervention in this election, Ms. Davis-Howard and the others involved secretly did exactly what they told other staff they were forbidden from doing."

The complaint was signed by 16 Local 1021 officials, including numerous members of the local’s executive board. It called on the election committee to remove Davis-Howard "from the elected Delegate list" and to bar Salsa Team members from attending the convention in June.

The issue also has landed in federal court, where UHW was expected to file against Stern and other SEIU officials, alleging interference in delegate elections.

More cynical sources both inside and outside SEIU told us they believe the Rosselli-Stern feud boils down to one thing: power — either holding onto or expanding it. But labor scholar and former Local 790 member Paul Johnston had a more nuanced perspective.

Johnston, who taught at Yale and, until recently, worked for the Monterey Bay Labor Council, told us he admired both leaders and the work each has done on behalf of the larger union. Calling the current strife "a huge can of worms," he added, "These are questions of principle and there are good ideas on both sides."

Stern’s push to increase the union’s bargaining and political clout through more consolidation, Johnston went on, "has some very positive aspects to it…. In the old days, many of these kind of mergers were done for purely political power. The mergers being conducted today [at Stern’s direction] are primarily strategic, though. But there are some power issues that inevitably arise." On the other hand, he said, Rosselli’s UHW, "is a dynamic organizing union that has [its] own issues."

Battle scarred

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› kimberly@sfbg.com

TV, I: Battlestar Galactica — what the frak happened? But let’s back that Viper up: as a drooling, antsy constituent of the 12 colonies, a.k.a., a total BSG dweeb, I have to confess that I’m filled with both moist-eyed, fangirl anticipation and been-burned, skeptical trepidation, awaiting the Peabody- and Emmy–winning series’s final, fourth season, which starts April 4 on the Sci-Fi channel. This from a full-on hater of the original 1978 TV series, who scorned it for its cheap-knockoff-Star Wars patina, lousy writing, and stale characterization — with the exception of Dirk Benedict’s caffeinated Starbuck. It took plenty of intelligent storytelling, compelling character-building, and thoughtful crafting of a thoroughly re-envisioned mise-en-scène — one that pointedly reflects post–Sept. 11 political, philosophical, and spiritual issues — to pull me in. So why, at the closing moments of the last episode of season three, did I find myself sneering, "Battlestar Galactica has totally jumped the shark"?

The series set the bar high, filling out the original series’s cartoonish outlines into a shadowy, visceral war for survival between polytheistic, politicking, and imperfect humans and their creations: the genocidal and monotheistic Cylon robots who eventually evolved from tin cans into perpetually reincarnating and replicating, superhumanlike Frankensteins, intent, at the series’s start, on destroying their onetime masters. BSG played satisfyingly to a viewer’s desire for both soapy, emotional involvement and more cerebral brain-teasing, spinning its narratives around topical "War on Terror" issues and deeper ideas about belief, fundamentalist or otherwise, and wartime ethics concerning terrorism, torture, prejudice, and human and reproductive rights — in addition to such questions as: What does it mean to be human? Where does artificial intelligence end and consciousness begin? And what is life itself? Viewers could enter at all levels: one can enjoy the brash, frak-it-all sass of the new Starbuck (played with cigar-chomping machisma by Katee Sackhoff), or toy with notions of whether Dr. Gaius Balthar (portrayed by the deliciously anguished James Callis) is insane or in love or has found God or has been implanted with a Cylon chip because he sees and hears his Cylon seductress/guardian angel-devil, Number Six (gratifyingly complicated in the hands of Tricia Helfer), everywhere. Or one can wonder, sudsily, whether Sharon "Boomer" Valerii (Korean Canadian Maxim hottie Grace Park) — the beloved fighter pilot turned sleeper Cylon assassin turned Cylon/human baby-maker turned officer once more — will ever overcome the "species-ist," snarky "toaster" cracks to happily rear her bi-species hapa infant? Will the humans discover their new home, the mythical 13th colony of Earth, before the Cylons do? When they get to Terra Firma, will apes or apocalyptic scenes greet the chariots of the gods?

Sure, BSG fans have undergone moments of taste-testing hamminess: is Michael Hogan — who plays the Galactica’s alcoholic Colonel Saul Tigh — an intriguing actor because he plays his character three or four different ways, or is he simply awful? Then BSG allays your fears by forging into such thought-provoking turf as suicide bombings, which the humans resorted to during last season’s Cylon occupation. Let’s see the other humans-vs.-robots series, the faltering Sarah Connor Chronicles, top that viewer-challenging gambit.

That said, the third season managed to step up the show with both the occupation and Balthar’s transformation into a Cylon mascot aboard the machines’ hallucinatory base ship — a stylishly sleek, organic-metallic metadisco of a craft that Daft Punk would surely be glad to dock into. The final bombshell: the revelation of four of the five final sleeper Cylon agents (three of whom ironically led the suicide-bombing arm of the humans’ insurrection). But much like those would-be terrorists, that final episode undermined itself as the sleeper Cylons were awakened by the thread of a song that only they can hear — a few lines that turned into a few lyrics, then blossomed into a startlingly wretched rendition of Bob Dylan’s "All along the Watchtower." A presumed-dead Starbuck reappeared, and the scene fast-forwarded to a glistening Earth.

The tone was so drastically off — the winking, boomer-centric reference to our earthly plane was so in-jokey — that I felt like I had been kicked in my Wonder Con by a guffawing Luke Skywalker look-alike in a tie-dyed ‘fro wig, flipping me the finger. It made about that much sense. The Sopranos can leave the bad taste of "Don’t Stop Believin’<0x2009>" in your mouth because AOR rock is the soundtrack to Tony Soprano’s life. But the dark, generally straight-faced BSG has been aurally embellished only by title sequence’s version of the Rig Veda’s Gayatri mantra, reworked by composer Richard Gibbs with Enya-esque new age vocals and tribal drums, as well as archetypally Hollywood orchestral fare and the odd, let’s-get-jiggy-wit’-it Irish tin-flute. Somewhere a shark is whimpering from a severe head wound created by a misfiring motorcycle, and one can only hope season four doesn’t injure more sea creatures.

Hooker science

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TECHSPLOITATION The outrage over former New York governor Eliot Spitzer hiring an A-list hooker makes me feel like throwing a gigantic, crippling pile of superheavy biology and economics books at everyone in the United States and possibly the world. Are we still so Victorian in our thinking that we think it’s bad for somebody to pay large amounts of money for a few hours of skin-time with a professional? Have we not learned enough at this point about psychology and neuroscience to understand that a roll in the sheets is just a fun, chemical fizz for our brains and that it means nothing about ethics and morality?

The sad fact is that we have learned all that stuff, and yet most people still believe paying money for sex is the equivalent of killing babies on the moral report card. And yet nobody bothers to ask why, or to investigate past the sensational headlines. As far as I’m concerned, the one unethical thing Spitzer did was to hire a sex worker after prosecuting several prostitution rings. That’s hypocritical of him, and undermines my faith in him as a politician.

But let’s say Spitzer hadn’t prosecuted so-called sex crimes before, and all he was doing was hiring a lady for some sex. Here is what I don’t get: why is this bad? On the scale of things politicians can do – from sending huge numbers of young people to be killed in other countries to cutting programs aimed at helping foster kids get lunch money – hiring a sex worker is peanuts. It’s a personal choice! It’s not like Spitzer was issuing a statewide policy of mandatory hookers for everybody.

What really boggles the mind is the way so-called liberal media like National Public Radio and the New York Times have been attacking Spitzer’s morals as much as the conservative Fox News types have. In some cases, they’ve attacked him more. The reasons given are always the same: sex work is abusive to women (male prostitutes don’t exist?), and being paid for sex is inherently degrading.

Let’s look inside one of those heavy economics books that I just beat you with and examine these assumptions for a minute, OK? Every possible kind of human act has been commodified and turned into a job under capitalism. That means people are legally paid to clean up one another’s poop, paid to wash one another’s naked bodies, paid to fry food all day, paid to work in toxic mines, paid to clean toilets, paid to wash and dress dead naked bodies, and paid to clean the brains off walls in crime scenes. My point is, you can earn money doing every possible degrading or disgusting thing on earth.

And yet, most people don’t think it’s immoral to wipe somebody else’s bum or to fry food all day, even though both jobs could truthfully be described as inherently degrading. They say, "Gee that’s a tough job." And then they pay the people who do those jobs minimum wage.

The sex worker Spitzer visited, on the other hand, was paid handsomely for her tough job. The New York Times, in its mission to invade this woman’s privacy (though in what one must suppose is a nonexploitative way), reported that she was a midrange worker at her agency who pulled in between $1000–$2000 per job. She wasn’t working for minimum wage; she wasn’t forced to inhale toxic fumes that would destroy her chances of having a nonmutant baby. She was being paid a middle-class salary to have sex. Sure, it might be an icky job, in the same way cleaning up barf in a hospital can be icky. But was she being economically exploited? Probably a hell of a lot less than the janitor in the hospital mopping up vomit cleaning up after you.

Sure, there are hookers who are exploited and who have miserable lives. There are people who are exploited and miserable in a lot of jobs. But the misery is circumstantial: not all hookers are exploited, just as not all hospital workers are exploited. It’s basic labor economics, people.

Audacia Ray, former sex worker and editor of the sex worker magazine $pread, has pointed out that the public doesn’t even seem to understand what exploitation really means. The woman who did sex work for Spitzer has had her picture and personal history splattered all over the media in an incredibly insulting way. Nobody seems to realize she’s being degraded far more now than she ever was when Spitzer was her client. And she’s not getting any retirement savings out of it, either.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who
once hired a prostitute for a few hundred bucks and had a pretty good time.