Gavin Newsom

Some teeth for the sunshine law

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EDITORIAL The San Francisco Sunshine Ordinance is a national model for open government, the first and strongest local sunshine law in the country. It was written to improve public access to government records and meetings, and to clear up some of the problems and loopholes in state law. On paper, it makes San Francisco a shining example of how concerned residents can come together and eliminate secrecy at City Hall.

But 17 years after its passage, it’s still not working. That’s because city officials routinely ignore the law — and the city attorney, the district attorney, and the Ethics Commission have utterly failed to enforce it.

Here’s how it works, in theory: A San Franciscan makes a request for records in the office of a public official. The official is supposed to make the documents available promptly — within 48 hours for immediate disclosure requests and within 10 working days for routine requests. If the records aren’t forthcoming, the resident can complain to the Sunshine Ordinance Task Force, which brings both sides in, holds a hearing, gets legal advice, and determines whether the complain is valid. If the task force finds that the official should have made the records available, the matter gets referred to the Ethics Commission, which can file charges of official misconduct.

Here’s how it happens in practice: Some officials, like Mayor Gavin Newsom, simply ignore sunshine requests, or delay responding well beyond the statutory limit, or refuse to release records on grounds that clearly violate the law. The task force holds a hearing, and nobody from the Mayor’s Office shows up. Then the task force finds in favor of the person seeking the records, sends the file to the Ethics Commission — and the whole thing dies.

Not once in the history of the ordinance has the Ethics Commission actually filed misconduct charges. Not once. Violating the Sunshine Ordinance is a crime, but D.A. Kamala Harris has never once prosecuted a miscreant. And public officials who disobey the law hide under the protection of advice from the city attorney — although that advice itself is secret.

The message to City Hall is clear: you can defy the sunshine law with impunity; nothing will ever happen.

The task force is offering a series of amendments to the law that would improve enforcement and give the measure some teeth. The supervisors ought to support those proposals — but the board ought to go even further.

The proposals would turn the task force into a commission, which is a fine idea. But more important, the new commission would have something extraordinary: a $50,000 litigation fund to pay for an outside lawyer — not the city attorney — to sue officials who flout the law. If those lawsuits succeed, the city would have to pay attorneys’ fees, which would replenish the fund. And the very threat of that could have a huge impact on the way City Hall responds to sunshine requests.

We support the plan — and since nobody else will enforce the law, we think the task force (or commission) needs the authority to do it. The body overseeing sunshine complaints should be able to force public officials to release records or open meetings; rulings from that body should have the force of law. That works well in Connecticut, where a state Freedom of Information Commission has the authority to order anyone, from the governor to a city council, to open up files. Government in that state hasn’t become unwieldy; officials secrets haven’t fallen into the hands of terrorists. But ordinary citizens who can’t afford a lawsuit have a forum to force reluctant public officials to do their business in public.

San Francisco should adopt that model, and the sooner the better.

Editor’s Notes

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Tredmond@sfbg.com

The crowd protesting at San Francisco’s Civic Center March 4 had a different demographic than we’re used to. There were families, moms and dads with their kids. A lot of the people there don’t demonstrate and protest on a regular basis; they have jobs and families and can barely keep up with their day-to-day responsibilities. I know the drill.

But they were out in the streets because they’re furious at what’s happening to public education in California — and they should be. It’s criminal. The state is headed for the very bottom, and at this rate we’ll soon have the worst-funded public schools in America. And a gem of a state higher education system is on its way to becoming a set of overpriced, second-rate institutions.

And now everyone who stood up to be counted last week needs to take the next step and support the only solution that will actually work. It’s called raising taxes.

California’s more than $20 billion in the hole. There’s money going to waste, plenty of it. We could release every prisoner doing time on drug charges and save a few billion. But even that wouldn’t be enough to save the education system.

We all knew, or should have known, back in 1978, when Proposition 13 passed, that this day was coming. When you cut off the main source of revenue for schools — local property taxes — and rely on state funding, and the state Legislature can’t raise new revenue without a two-thirds vote, which means a handful of troglodyte Republicans can prevent it, this kind of crisis is inevitable.

So some intense, ongoing political action has to come out of the exciting and wonderful Day of Action. And if it’s going to make a difference, the action has to take place on three fronts.

1. We’ve got to get rid of the two-thirds majority requirement. There’s a ballot initiative circulating now that would do that.

2. We’ve got to amend Prop. 13. Assembly Member Tom Ammiano is pushing for a split-roll, to tax commercial property at a higher rate. That’s an excellent start.

3. We’ve got to push local government to raise taxes — right here at home — to help fund schools and public services. That means pushing Mayor Gavin Newsom, who loves to crow about education, to work with the supervisors on some major new revenue measures.

Either that or we let the politicians point fingers and blame each other. And the schools fall apart.

Newsom’s silly trick

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Gavin Newsom’s got a plan: He’s going to stop those damn district-elected progressives from appoining a new mayor even if it takes some wacky legal footwork. According to the Chron’s Matier and Ross:


For the past two weeks, Newsom’s political team has been combing the state Constitution to determine if the mayor, assuming he’s elected statewide, could legally push back his Jan. 3 swearing-in for the new job until after Jan. 8.


If he can, the job of naming his successor would go to the newly elected Board of Supervisors, which is sworn in Jan. 8, instead of the current lineup.


I don’t know where that team is looking in the state Constitution, but the language seems pretty clear to me. Article V, section 2, provides that the “Governor shall be elected every fourth year…and hold office from the Monday after January 1….” In 2011, that’s Jan. 3. It also says (article V, section 11) that “The Lieutenant Governor, Attorney General, Controller, Secretary of State, and Treasurer shall be elected at the same time and places and for the same term as the Governor.”


And since the mayor of San Francisco is, by Charter, a full-time job, Newsom can’t be both mayor and lt. governor. Which means, I think, that he’s got to start the new job Jan. 3, and the new Board of Supervisors doesn’t take office until a week later.


There’s another twist here: The City Charter discusses a “vacancy” in the office of mayor, and authorizes the Board of Supervisors to select someone to fill the remainder of a vacant term. If Newsom wins in November, it will be clear that a vacancy is looming — and there’s no reason why the supervisors can’t pass a motion right away designating the person who they intend to have fill that vacancy. In other words, this current board could select the next mayor even before Newsom officially resigns.


Now, it’s also true that the motion wouldn’t become effective until the mayor actually left office, and could be rescinded at any time up until that moment. But if the supervisors find six votes for a candidate, and designate that person as Newsom’s successor, it’s unlikely the board would decide to change its mind and rescind in just a few weeks.


And even if all that doesn’t fly, there’s a very good chance that progressives will still control the next board. Four progressive supes will carry over — Ross Mirkarimi, John Avalos, Eric Mar and David Campos. If progressive candidates win two of the three swing races — in districts 6, 8 and 10 — then the overall politics of the board won’t change dramatically.


So there’s actually a chance that a progressive mayor could take office next January. Whether Newsom likes it or not


 



 

Newsom’s Orwellian doublespeak on city layoffs

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One of the things that irritates people most about Mayor Gavin Newsom is his Orwellian doublespeak, in which he makes claims that conflict with his actions, and that was on vivid display with his recent decision to lay off 15,000 city workers and then hire most of them back for shorter workweeks.

These are frontline workers (managers, cops, and firefighters were excluded) who will either be fired or take a 6.25 percent pay cut – while the public will see a rollback in the hours devoted to providing city services – but Newsom’s press release claims that he’s actually helping both the workers and the public.

“Mayor Newsom used his YouTube update this week to discuss the City’s budget and his plan to save thousands of city jobs and services by offering 37.5 hour part time positions to most city employees. This proposal will allow the City to maintain services for residents, while saving the City an estimated $50 million. San Francisco faces a projected $522 million budget deficit for the 2010-11 fiscal year.” the press release, which was sent out on Saturday (presumably so the media ignores it), begins.

As the Chronicle reported that day, none of the affected employees are happy about this “offer” they can’t refuse, and their unions are even talking about suing the city. As for this plan to “maintain services,” that’s based simply on Newsom’s demand that city employees – who, because of the layoffs in previous years, are often already doing several people’s jobs – do 40 hours of work in 37.5 hours.

Now, this reduced workweek plan might not be so terrible if Newsom had worked on it with the unions, made deeper cuts to senior management and his taxpayer-paid political team in recent years, coupled it with a push to try to increase local taxes, and been honest about its impact to city services and the local economy.

Instead, we hear that we must burn the village in order to save it, which was dubbed the “enlightened approach” in the press release (which failed to mention that Newsom plans to not rehire an unspecified number of the employees he’s firing). “The point is to keep people employed and to keep their benefits,” Big Brother Newsom said in the press release.

Later in the release, Newsom goes on to laud Thursday’s Day of Action events, in which speaker after speaker called for increased taxes on wealthy corporations and individuals in order to prevent continued cuts to the public education system – despite the fact that Newsom has been the single biggest obstacle in San Francisco to such tax increases. “They’re shutting down opportunities. Its [sic] impacted faculty, its [sic] impacted morale, and it’s going to devastate the economy of the state unless we wake up and say enough’s enough,” Newsom said, sounding like the sympathetic populist instead the mayor who has proudly touted the fact that his budgets haven’t raised taxes, relying entirely on cuts.

Big Brother couldn’t have said it better himself.

Making the protests count

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It was wonderful to see so many people all over the state taking to the streets to protest cuts in education and public services. The rally at San Francisco’s Civic Center wasn’t just young radical agitators, either — most of the people there were parents with kids, families, people who are just fed up with the threats to the future of this state and don’t want to take it any more.


And now that the press and public and maybe even the elected officials are focused on the issue, it’s time to move to the next step. Politicians can talk all they want about “standing with the families” and supporting education, but in the end, there’s only one way to adequately fund K-12 and higher education in California. And that’s to raise taxes.


You can talk about waste all you want, and there’s certainly waste at the University of California. But we’re looking at a need that runs into the billions, multiple billions, tens of billions — and eliminating a few million bucks of waste here and there isn’t going to solve the problem.


You’re not going to solve it by reallocating the state’s budget money, either, since there’s no single large pot of cash that can be taken and given to the schools without devastating another necessary public service. The only real possibility is the prison system, a financial sink hole if ever there were one — but again: You can’t just cut prison spending by eliminating services to prisoners. They get so little as it is — and the federal courts won’t allow any reductions in health care and the state’s already under court order to reduce overcrowding.


You could probably solve half of the schools’ fiscal problems by releasing from prison every single inmate serving time for a drug offense; that’s the kind of dramatic steps we’re talking about. And if anyone wants to launch a political campaign to let 30,000 prisoners free tomorrow, I’m with you.


But it’s not going to happen, not in this climate. So the only real option is to get more revenue. That means raising taxes at the state level, repealing Prop. 13 to allow local property tax hikes, or raising taxes at the city level.


And here’s who the protesters need to be targeting:


1. The governor. Arnold Schwarzenegger not only refuses to allow new taxes as part of the budget, he vetoed Sen. Mark Leno’s bill that would have allowed local government to raise its own car taxes. He’s at (916)-445-2841.


2. The Republican leadership of the state Legislature. These folks go into the budget talks with the power of a minority that can block the two-thirds vote required for tax hikes, and they’ve both signed “no new taxes” pledges. These two people are among the single largest reason that the California school are facing such huge cuts. Assemblymember Martin Garrick,  916-319-2074. Senator Dennis Hollingsworth, (916) 651-4036.


3. Attorney General Jerry Brown. He’s running for governor as the Democratic candidate, and he has already announced that he won’t raise taxes and that Prop. 13 is untouchable. He won’t even support Assemblymember Tom Ammiano’s bill to legalize and tax marijuana. He needs to hear from his constituents that those positions won’t fly. (916) 322-3360


4. The mayor of San Francisco. Gavin Newsom is happy to announce that he supports education funding, but he’s never come forward with a single significant new tax increase for the city. Local taxes could be split between the general fund and the schools, and the progressives on the Board of Supervisors are looking for revenue options. Call the mayor and tell him: If Sacramento won’t raise taxes to educate our kids, we’d like to do it at home, in San Francisco. 415-554-6141.


5. Any state or local official who claims to support the schools but won’t publicly endorse and work for higher taxes. Folks, there’s no other way out of this.


And at the next rally, let’s chant: Repeal Prop. 13, Now! Tax the rich in San Francisco — Now!

MUNI driver: luck, not system, saved my family

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MUNI bus driver Charles Washington says it was luck that won his family a reprieve from a federal deportation order. His Australian bride Tracey, who he married in Reno last April, and her 13-year-old son were served deportation orders after the boy got into a schoolyard fight and a police officer wrote him up with three felony charges. Under the city’s current policy, felony charges against undocumented youth triggers an immediate referral to ICE before the youth can prove their innocence.

Charles and Tracey Washington hug outside a hearing on the city’s policy towards immigrant youth. After the hearing, the juvenile probation department dropped language from its policy that advocates say could lead to racial profiling, but JPD Chief William Sifferman said the department cann’t allow kids due process for fear of being accused of harboring and transporting aliens.

Washington’s family won a reprieve after the media learned of their plight, an outcome Charles puts down to luck, not evidence that the system is working. He believes the nightmare his family is going through proves that the city’s policy towards immigrant youth isn’t working. And he wants those responsible for setting that policy to take responsibility and fix what’s broken,  not pass the buck by trying to hide behind federal laws they claim prevent them from fixing their own policy.

“The problem with the policy is that is doesn’t allow for due process,” Washington said during a March 4 hearing on the city’s policy which Mayor Gavin Newsom ordered in 2008.”The policy is based upon the original charges that a police officer made, a  field officer who has to make a quick decison based upon a couple of known facts,” Washington said. “Kids get treated as if they are guilty before they are proven innocent. There has to be a better way for the system to work.”

Washington doesn’t blame the city’s police or probation officers for his stepson getting referred to the feds before he could prove he was innocent of felony-level charges.

Gabe Calvillo, president of the city’s probation officers union, congratulated the Washington family on their reprieve, but repeated concerns that giving kids their day in court would put his members at risk.

And Washington does not blame city workers for the fact that federal immigration agents used his stepson as bait to get his wife to come in to their Sansome Street office where they handed her and her son deportation orders and slapped an electronic monitoring device on her ankle–a device she is still wearing to this day.

 Tracey Washington demonstrates the device that the feds are forcing her to wear, making her feel like a “murderer,” even though the couple say federal contractors gave them misinformation about when to apply for a green card, after she got married to  Charles Washington while she and her two sons were here on a visa waiver.

As a city worker, Washington gets that these city workers were simply following orders. But as a husband, father and US citizen who is still fighting to keep his family intact, he believes that those responsible for the policy that led to this nightmarish sequence of events are hiding behind claims that their hands are tied by federal law. And he wants them to get off their hands and back to the drawing board, so other families don’t have to go through what his family just experienced.

And unlike many families that feel they were unnecessarily ripped apart by the city’s policy towards immigrant kids, Washington can articulate his concerns without fear of being deported himself.

“It’s unbelievable how any family could have been put in that position,” Washington said, recalling how his son landed in ICE’s hands, after a SFPD officer wrote him up for three felony charges, following a schoolyard fight over 46 cents.

When an SFPD officer charges a juvenile with a felony, juvenile probation is required to refer the kid to US Immigration and Customs Enforcement (ICE), if they suspect the youth is here without legal documentation.

Once Washington’s stepson was referred to ICE, under a policy that Mayor Gavin Newsom ordered in 2008, the feds ordered him and his mother deported, without waiting to see if local courts actually find the boy guilty of any felony charges.

It was only when Washington went public with his family’s nightmare and the media started making calls that ICE backed off.

But while it was the city’s flawed policy that landed the Washingtons in this dilemma, the Mayor’s Office did not offer to try and help. Instead, the Mayor’s office claimed that their case proves that Newsom’s policy is “not draconian.” (You can read Newsom’s full statement at the end of this post.)

“The Mayor’s Office could have contacted me, tracked me down,” Washington said. “But they just sat back and waited to jump on the band wagon, whichever way it went.”

Mayoral spokesperson Tony Winnicker said the Mayor’s Office was sympathetic to the family’s plight but could see no reason to get involved in what he described as “a federal immigration matter.”

But Washington notes that it was Newsom’s policy that led to his stepson being referred to ICE, and the feds would have deported his family this week, if they hadn’t gone public with their case,a step most immigrant families are afraid to take.

“The bottom line is that we got lucky,” Washington said. “How many families wouldn’t know what to do in this situation? When I spoke at the press conference at the Asian Law Caucus,  I didn’t know what to do either. What if the Asian Law Caucus had been too busy, or the media hadn’t come to the press conference? Does everybody have to contact a lawyer. Our story shows that the system failed, and that it was luck that saved us.”

While folks are acting as if the Washingtons’ problems are over, the family still faces huge financial and legal challenges.

“For the time being, we’ve had a huge burden lifted off of us, but the next huge problem is that we are bing requested to have one-way plane tickets ready for the first part of April, though we are not being asked to leave now until May 4, that’s several thousand dollars that we have to lose,” Washington said, noting that it will cost over $4,000 to apply for green cards.
“Meanwhile, It looks like everyone wants to point the finger at someone else instead of focusing on the fact that there is a problem.”

Washington made his comments after a hearing that Sup. David Campos called to determine why the Juvenile Probation department hasn’t implemented an amendment that Campos introduced in 2009 to address the Catch 22 situation that’s  hidden within Newsom’s current policy and that ensnared the Washingtons’ kid.

Campos’ amendment instructed probation officers to wait until kids have had their day in court before referring them to ICE. But Mayor Newsom said he will ignore the amendment, and JPD Chief Sifferman has refused to implement it.

Either way, Campos’ March 4 hearing offered a rare insight into the, some would say, dysfunctional dynamics within the city’s juvenile justice department since it came under the microscope of US Attorney Joe Russoniello in 2008.

A Bush appointee, Russoniello has been ideologically opposed to the concept of sanctuary ever since the city enacted its City of Refuge ordinance in the 1980s, when he was first US Attorney for Northern California.

After Kevin Ryan was fired as US Attorney in 2006 and hired as Newsom’s director of criminal justice in 2007, Russoniello resumed his post as top federal prosecutor, a position of power that let him launch a federal Grand Jury investigation in 2008 to determine if JPD’s former practices violated federal law.

Ryan has since resigned from the Mayor’s Office, and the Obama adminstration is vetting Russoniello’s replacement, but the City claims it can’t give immigrant kids their day in court for fear of federal retaliation. And some believe the unresolved tension between the city’s sanctuary policy and the federal immigration laws will continue, unless national immigration reform occurs.

Juvenile Probation Department Chief William Sifferman said today that his department is eliminating language from its juvenile immigrant policy that could be an invitation to racial profiling.

JPD Chief William Sifferman told Campos that his department looked into Campos’ amendment, which directs JPD to modify its policies and practices to the “extent permitted by federal law”‘and concluded that it cannot modify them.

Sifferman recalled what happened when JPD used to return immigrant youth to their country of origin or place them in group homes, with no notification to ICE.

“Many of these youth were arrested for selling crack cocaine in the Tenderloin, were placed in group homes, ran away, were rearrested, selling drugs again,” Sifferman testified.

He recalled how JPD officers were interrogated and threatened with arrest by federal agents who intercepted them at Houston airport as they were accompanying minors to Honduras. And that Russoniello subsequently convened a Grand Jury to investigate JPD’s actions.

“That investigation continues to this day,” Sifferman said. “The department’s current policy was adpoted becoasue of these concerns.”

“Until a court rules otherwise, the department must conclude that [federal] law would not allow the city to change its policy,” Sifferman said.

He said probation officers are trained not to directly question juveniles or their parents about their immigration status. And hee noted “a marked reduction” in the number of unaccompanied Honduran minors who have been arrested for selling crack cocaine.

“We believe our policy has significantly reversed a 15-year trend in the city’s history,” he said.

Sifferman said he did not receive Campos’ request for time estimate information until 48 hours before the March 4 hearing, though Campos said he made his request weeks ago.

But he offered some statistics, including the fact that “since July 2008, JPD has released 107 unduplicated youth to ICE, 125 times.”

“This means that 17 were referred to ICE twice, that they returned to country of origin, then reoffended,” Sifferman explained.

He also noted that 92 percent of the youth are released to ICE after a felony finding.

“Only a small number are released to ICE without having determined if they had committed a felony,” Sifferman said.

The monthly average of kids referred to ICE for the first four months of the city’s new policy was ten, Sifferman said.

“And for the past 16 months, it’s been five,” he said. “We attribute this decline to undocumented Honduran youth no longer returning to the Tenderloin to sell crack with the same frequency.”

But he claimed that while there has been a reduction in releases to ICE, there had been no measurable decline in probation officer’s case or work load.

‘They continue to supervise kids who have not been referred to ICE,” he said.

“We have dedicated none of our resources to working with ICE,” he added.

Contact with ICE is limited to fax transmissions, follow-up phone calls, and follow-up responses, Sifferman said.

“Probation officers do not arrest or detain youth based on their undocumented status nor do they assist in taking youth into ICE custody,” Sifferman said. “We must always recognize the public safety impliations of our policy.”

Asked what kind of resources JPD spends on this contact, Sifferman said, “De minimus.”

Pressed  for more details,  Sifferman said, “It’s difficult to estimate given that our staffing level functions are ministerial—a fax being sent a record placed in a file, a phone call about a potential release date. We haven’t done a time study.”

Campos noted that unlike JPD’s former policy, the amendment he enacted last fall does not call for prior policing and actual transport of youth across the country. But Sifferman countered that if youth are released back into the community, JPD could be aked to transport them “to various locales.”

Campos questioned Sifferman as to the origin of language in Newsom’s current policy that immigrant advocates believe could lead to racial profiling (language that, as the Guardian learned today, has now been deleted from the policy).

“In determining whether there is reasonable suspicion that youth is undocumented, one of the criteria listed in the policy says, ‘presence of undocumented persons, ‘ but how would you know when a person is undocumented?” Campos asked.

“There could be information in the arresting report describing the conditions,” Sifferman suggested.

“How did you decide to include this language in the policy?” Campos asked.

“It was based on research and advice we received from the City Attorney’s office,” Sifferman said. “The entire policy is based on review and approval of the City Attorney’s office.”

“Can you see how something as open-ended as this could lead to racial profiling?” Campos asked.

‘It could, it requires vigilant oversight, if that criterion was taken alone, we’d have  a problem wth that,” Sifferman said.

Sup. Eric Mar said he was “very upset,” that Sifferman did not have the cost estimates available.
Mar also voiced concerns that the policy sounded “like a justification for racial profiling.”

“I really respect you, but it sure sounds like you’re flying in the face of San Francicso values when you are not implementing a policy to protect due process,” Mar said.

“I disagree that we have been intentionally stalling,” said Sifferman, who has been hit with budget cuts and staffing reductions in the past couple of years like other department heads.

Campos took issue with Sifferman citing Title 8, Section 1373 of the US code as justification for not implementing his policy amendment.

That section of the US code states that, “Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. “

“Can you point to a section of the federal law that requires you to report?” Campos said
“No, I can’t,” Sifferman said.

But Sifferman subsequently noted  that there is a prohibition against “transporting and harboring any person known to be undocumented,” a position that leaves JPD officers feeling vulnerable given that the department has received three federal Granf Jury subpoenas related to JPD’s previous policy towards juveniles.

During public comment, UC Davis Law Professor Bill Ong Hing addressed the fact that a bunch of misinformation continues to swirl around the city’s immigrant juvenile policy.

“I would encourage the Board, Chief Sifferman, the Mayor’s Office and City Attorney’s office to sit down together,” Hing said. “A lot of misinformation is floating around.”

Hing noted that there is nothing in the Campos amendment that prohibits reporting kids to ICE.

“But you do not have to volunteer information to them, if it’s not required,” Hing said.

“The vast majority of jurisdictions don’t contact ICE [before kids have day in court], they recognize that’s not good policing, ” Hing continued. “Under the rules of federalism, there is nothing that prohibits this ordinance.”

“And there has never been a prosecution of a city worker [for following a city’s sanctuary policy], and [a prosecution of a city worker for that] wouldn’t be authorized by the Obama admininstration,” Hing claimed.

He also said that a confidential memo that Mayor Newsom leaked to the Chronicle was ‘laughable”.

“It exagerrates the likelihood of a successfully overruling the sanctuary ordinance,” Hing said.

Hing concluded that City Attorney approved language in Newsom’s current policy, “is a complete inviation for racial profiling.”

City Attorney spokesperson Matt Dorsey responded forcefully to these accusations.

“Racial profiling is illegal, and something we take very seriously,” Dorsey wrote in an email.” Part of the City Attorney’s duty is to advise against illegal conduct. If a client department informs us that a policy could risk illegality, we will work with our clients to make sure laws aren’t broken, and that no one’s rights are violated. That’s a job lawyers do every day.  And that’s especially true here, where the matter involves litigation, threats of litigation, and a federal criminal investigation.”

And today, JPD decided to eliminate the language that was triggering racial profiling concerns.

Meanwhile, mayoral spokesperson Tony Winnicker noted that of the 125 reports to ICE since July 2008, 97 percent were for felony arrests, and the other 3 percent were “misdemeanors with priors.”

Winnicker also emailed a statement from Newsom that reads as follows:

“I have long supported our sanctuary policy and a range of policies and programs designed to assist our immigrant community. I believe San Francisco continues to be an international leader with our efforts to protect immigrants in our community. However, the sanctuary ordinance as originally conceived and adopted was designed to protect all residents of our city, not as a shield for felons and criminal behavior. I will not put City staff, our sanctuary city policy and thousands of residents at risk to shield felony criminal behavior by a few. Immigration and Customs enforcement is a federal responsibility. San Francisco cannot be the arbiter of immigration cases that take place within the City. That’s why many other counties in California have a similar policy of reporting suspected juvenile felons to Immigration and Customs Enforcement at the booking stage. The recent example of the Washington family validates that our current policy is appropriate. Juvenile Probation officials report undocumented felony arrests to Immigration & Customs Enforcement, and Immigration & Customs Enforcement officials determine the appropriate response. In this case, once President Obama’s Immigration and Customs Enforcement office became aware of the exceptional circumstances around the case, they took commendable action to ensure that the young boy and his family were given time to resolve their residency status.San Francisco’s Sanctuary Ordinance continues to strike the appropriate balance between offering a welcoming hand to our immigrant community and protecting the public safety of law-abiding residents of our City.”

That’s a fine statement, and I’m sure the mayor cares about youth, whatever their nationality and immigration status. But  immigrant youth still face a  Catch 22 trap within his policy that has led kids who haven’t committed felonies being referred to ICE for deporation. The question now becomes, can a miracle happen? Will everyone involved–at the city and federal level–sit down and hash out an equitable solution? Will heads of other city departments acknowledge their role in this process or will Sifferman be hung out to dry all on his lonesome? And will a bunch more kids get thrown under the bus before we as a nation find our way towards a saner and more equitable immigration process? Stay tuned.

Day of Action field reports

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We’re starting to get some field reports from today’s big Strike and Day of Action — which culminates in a 5 p.m. rally in Civic Center Plaza — from some Guardianistas who we have covering various marches. And it sounds like the turnout is big and lively.

Over at SF State, hundreds of protesting students blocked 19th Avenue before being cleared by police. Then, for those students who hadn’t walked out in protest of rising fees and declining class offerings, someone pulled a fire alarm and shut down classes that way.

Meanwhile, in the East Bay, intern Jobert Poblete is with a march that he estimates to be a couple thousand people that has taken Telegraph Avenue and is trying to go all the way from the UC Berkeley campus to downtown Oakland, where they’ll rally in the Frank Ogawa Plaza outside Oakland City Hall this afternoon. So far, they’ve met with little resistance or police activity.

Currently, there are already hundreds of protesters outside Oakland City Hall, which has been locked down, and the crowd is expected to swell to several thousand once the Telegraph protest and other East Bay events converge there. It’s the same story outside San Francisco City Hall, where a rally is now underway with several satellite protests making their way there now.

See Alerts for more on the various marches and check back to this post later for updates and photos.  

2:15 update: Brady Welch reports that around 100 Mission High students have walked off campus together and are now marching up Valencia Streets, banging drums and chanting slogans, with some SFPD squad cars providing an escort. We’ve also heard from various sources through SF and the East Bay that there’s been more than a dozen smaller protests, many of them involving grade school children carrying protest signs. SF Public Press has an interesting report by a former Guardian intern on that phenomenon.

Shot of crowd at East Bay march.

And a couple photos from Brady Welch:

 

This photo (taken from inside Oakland City Hall by my friend, Deputy City Attorney Alix Rosenthal, less than an hour ago) shows a smaller than expected turnout:

Meanwhile, San Francisco Mayor Gavin Newsom has issued a statement of support for the Day of Action that begins, ““I join the thousands of students, parents and teachers across California and here in San Francisco today calling for adequate, equitable education funding for our public schools and universities.”

Newsom also opposed the Iraq War but never took part in any of the peace marches (unlike progressive members of the Board of Supervisors, who marched and gave speeches at the events), but I’m headed to the Civic Center rally soon, so I’ll let you know if he makes an appearance. We’ll have more extensive coverage of today’s events and what they mean tomorrow.

UPDATE: Guardian intern Jobert Poblete was among 150-200 people arrested in the East Bay during the Day of Action protests this evening, a group that he says including several journalists. Details are sketchy in the brief messages that we’ve had from him, but most of the arrests reportedly occurred when the protesters briefly blocked Interstate 880. They’ve been taken to Alameda County Jail in Dublin where jail personnel tell us most of those arrested are likely to be cited and released sometime tonight. Meanwhile, a 5 p.m. rally at Civic Center Plaza in San Francisco was packed with an exhuberant crowd of several thousand, the largest demonstration there in years. We’ll have a full report of the day’s events tomorrow.

Family’s deportation illustrates why Campos’ amendment is needed

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The case of MUNI bus driver Charles Washington, whose wife Tracey and her 13-year old son face deportation on Friday after the boy tried to take 46 cents from another kid, helps illustrate why Sup. David Campos spent over a year working with local immigration experts to figure out a way to amend the city’s sanctuary policy. Under the Campos amendment, which Mayor Gavin Newsom has refused to implement, kids like Charles Washington’s 13-year-old stepson would only be referred to US immigration and Customs Enforcement after a juvenile justice determined that they were actually guilty of a felony.

Unfortunately, the city’s juvenile probation department, under Mayor Gavin Newsom’s orders, and running scared of rightwing nuts who have unsuccesfully tried to sue the city, has refused to implement Campos amendment. Campos, who spent over a year working with immigration experts to develop a measured and legally defensible amendment, has called a hearing to determine why juvenile probation is refusing to implement his amendment, which a super majority of the Board supported last year,thereby overriding Newsom’s mayoral veto.

And now, with the face of the Washingtons all over the local media, city officials are either rushing to clarify their positions, or avoiding reporters altogether, as the Washingtons fight to keep their family intact–and in San Francisco.

Sgt Tomioka of the San Francisco police Department left me a message this morning to clarify that the SFPD doesn’t refer immigrant youth to US Immigration and Customs Enforcement (ICE).

“That is not a function of the SFPD,” Tomioka said in a voice message.
And she’s right. That job is left to the city’s probation officers. But the city’s probation officers are required, under Newsom’s policy, to refer kids to ICE if the arresting SFPD officer charges them with a felony. So, in that sense the SFPD is involved in the ICE referral process, albeit indirectly.

As the SFPD’s Sgt. Wilfred Williams explained, SFPD officers make the arrests, write up the charges and transport suspected juvenile felons to the Juvenile Justice Center.

And it’s at the Juvenile Justice Center that members of the city’s Juvenile Probation Department are required, under Newsom’s orders, to pick up the phone and refer kids to US Immigration and Customs Enforcement (ICE) when kids they suspect of being undocumented are booked with felony charges.

In the case of Charles Washington’s skinny 13-year-old stepson, the kid was arrested by the SFPD on Jan. 25 and charged with felony assault, extortion and robbery. I haven’t seen a police report of the incident, yet. But Washington said it was based on what the other kid’s family told the police, and that there were no witnesses to the incident. And felony charges are all that’s needed, under Newsom’s current policy to require a probation officer to refer a kid to ICE.

And once juveniles are in the hands of ICE, a nightmarish Catch 22 kicks in, in which local protections no longer apply, and ICE’s deportation orders can trump any legal immigration application, including green card applications.

In the case of the Washingtons, the family was applying for green cards–applications that cost thousands of dollars. And US Citizenship and Immigration Services had agreed to review their case. But then came their son’s arrest by the SFPD who charged him with three felonies and transported him to Juvenile Probation, whose officers were required to refer him to ICE. And ICE, according to Washington, then used his son “as bait” to get his wife to show up at their office, where they slapped an electronic monitoring device on her ankle and gave her and her son their deportation marching orders.

Angela Chan, staff attorney at the Asian Law Caucus, and the lawyer helping the Washingtons’ negogiate their way through this immigration nightmare, clarified that USCIS isn’t refusing to consider their case, because of the stepson’s referral.
Instead, the problem is that USCIS  won’t be able to finish that process before Friday, when the Washingtons are due to be deported.

“Unfortunately, the mother and her child will be deported by ICE well before their greencard application can be processed by USCIS, which can take months,” Chan said.

Further compounding the Washingtons’ legal problems is the fact that their 13-year-old is supposed to appear before a juvenile justice on Monday (March 8) to review the charges against him.Chan said it’s likely that a juvenile justice would review the boy’s case and reduce the charges, probably requiring him to do six months informal probation. In other words, the felony charges that led to his referral to ICE likely wouldn’t be upheld in court.

Now, under the amendment that Sup. Campos authored and the Board approved last fall, but Newsom is refusing to implement, the boy’s probation oficer would not be required to refer him to ICE if the felony charges aren’t upheld. In which case, the boy would go free, his parents could continue applying for green cards, and the family could remain intact

But since ICE want to deport Washington’s stepson before his March 8 hearing, the boy won’t have his day in court. Even worse, he will likely be slapped with a bench warrant by the juvenile justice department–the kind of Catch 22 detail that will play havoc with future attempts to apply for green cards from outside the US.

I asked Lori Haley of US ICE what’s the big hurry to deport the Washingtons by Friday.
“They overstayed their visas,” was all Haley would say, along with the comment that “We don’t confirm when someone is going to be deported.”

Asked who was responsible for telling the Washingtons that they needn’t rush to apply for green cards, which is what Charles Washington said happened, Haley referred me to UC CIS, whose spokesperson Sharon Rummery said it was impossible to ascertain if a contractor with the US government misinformed the family.

‘I can’t say that it’s true or not, because it was a private conversation between one of the operators who works on our customer service line,” Rummery said. “Our operators are highly trained and are backed up by our trained officers,” Rummery continued, confirming that the operators are contractors, not US CIS staff.

Rummery offered that folks who are deported to their native country can file for a waiver of deportation and also a waiver of a ban on reentering the country.

“They have to demonstrate that an immediate relative, who has legal status, in this case the husband, will suffer severe hardship,” Rummery said. “When they are sent away, then they can apply for a waiver and return with a green card.”

But Rummery said she could not provide a reliable time estimate as to how long all this would take, nor did she know how the stepson’s felony charges and possible bench warrant would impact the family’s chances of getting a green card through this process.

So, I called Sens. Barbara Boxer, Dianne Feinstein, Speaker of the House Nancy Pelosi, and President Barack Obama’s press office to see if any of them are aware of this case and whether they would consider a private bill. As the Asian Law Caucus’ Chan explained to me, earlier today, “A private bill is when a bill is passed to grant immigration relief for an individual.  It doesn’t change SF’s policy or the way the feds are bullying us, but it may help this family.
  
No one in Boxer, Feinstein, Pelosi or Obama’s press offices was aware of this case when I called, but they all said they’d look into it,and the folks in Feinstein’s office sounded horrified that a kid could be deported thanks to a schoolyard fight over 46 cents. So, maybe there is hope after all.

To date, Mayor Gavin Newsom’s new media spokesperson Tony Winnicker hasn’t returned my calls.

But I did read that Winnicker had told the Chronicle that it was “‘an unfortunate situation for the family, and we’re sympathetic to it.”

“But [Winnicker] said the mayor is actually protecting ‘hard-working, law-abiding residents of this city, including undocumented residents’ by reporting youths after felony arrests,” the Chronicle continued.

Somehow, I don’t think that Charles Washington, a hard-working law-abiding resident of San Francisco, would agree that anybody is protecting him by deporting his wife and her two kids. Especially since the 13-year old hasn’t even had his day in court to determine if he is even guilty as charged.

And while the Chron wrote that Washington “hopes to visit them in Australia,” the Chron’s reporter must have left the press conference by the time Washington explained  how often he is likely to get to visit Australia. As Washington noted,  if you are deported, you typically have to wait 3-10 years to visit the US again.
“So, if it’s a 10-year ban, I’ll get to visit them 3 times, and if it’s a 3-year ban, I’ll get to visit them once,” Washington, who drives a MUNI bus, said.

“I refer to them as my sons, because I’m still going to be their dad,” continued Washington, who is praying for a miracle.

In the meantime, Sup. David Campos is holding a March 4 hearing before the Board’s rules committee to explore why the City’s Juvenile Probation Department has refused to implement Campos’ amendment to Newsom’s sanctuary policy. Up unitl now, Newsom’s office has claimed that taking this extra precaution would violate the US Constitution. I wonder how many families like the Washingtons are going to have to be destroyed before someone in the Mayor’s Office decides that it’s time to revaluate their position and prevent local families from get ripped apart, simply because their kids, green cards or not, insist on acting like kids.

 

 

Taxi turbulence

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By Skyler Swezy

news@sfbg.com

It’s 10:20 p.m. on a recent Saturday night. Cab driver Dorian Lavender picks up a middle-aged couple outside the Gold Club, a strip joint in SoMa.

The couple is sharply dressed for a night out. After requesting the Mitchell Brothers’ O’Farrell Theatre as their destination, the man brags to Lavender about having had sex with a stripper in one of the club’s private rooms. His female companion smiles and says nothing.

“This is before I met her,” the man explains. “We’re swingers.”

Minutes later, beneath the theater’s flashing marquee, the man hands the driver a $20 bill for the $10 fare. “Keep the change,” he says.

A few blocks away, a young couple flags the cab from the corner of Bush and Polk streets. They are talkative and entertained as Lavender tells them about the swingers. Ten minutes later, the meter reads $9.86. Apologizing, the young man hands him $11.

Lavender folds the bills into the cash-wad kept in his pocket.

“That’s how it goes with cab driving,” he says. “The nice couple tips 10 percent, the weird swingers tip 100 percent — and they were more interesting to talk to.”

At 25, Lavender considers cab driving a great gig and survives working only three shifts a week. He enjoys the cash, freedom, and unpredictable encounters. He’s even landed a few dates. A lot of career cabbies start driving for the same reasons. But after the excitement wears off, it turns out to be a tough job.

A typical cab driver in San Francisco makes less than $30,000 a year. Before drivers even start a shift, gate fees (covering the rental on the cab and the use of its permit, known here as a medallion), gas, and graft have already set them back close to $100. Bribes are commonplace in the industry, used to ensure weekend shifts, airport fares, and newer cars.

The industry offers no retirement plan or health coverage. In fact, the primary reason some people stay behind the wheel long after the thrill is gone is the promise that at some point, after maybe 15 years, an active driver becomes eligible for his or her own medallion. It costs almost nothing, and offers a tremendous benefit: drivers with medallions no longer pay high gate fees, get better shifts — and can lease out the permit when they’re not working. The lease revenue alone can nearly double a driver’s income.

Since 1978, medallions have been issued only to working drivers, and entirely on the basis of a waiting list that now numbers 3,200 names. New medallions become available when permit-holders retire, die, or are forced by disability to stop driving.

That system — and the entire cab industry — is about to change, profoundly. On Feb. 26, the San Francisco Municipal Transportation Agency agreed to allow some permits to be sold on the open market to help close its huge budget deficit. When the dust settles and the implications of that decision become clear, life for cab drivers and passengers will be very different.

Some say the industry will be better; some say it will be much worse — but the truth is, nobody really knows.

 

PRIVATIZING PERMITS

Mayor Gavin Newsom’s adminstration has talked about allowing the sale of permits for several years, but only in the past few months has Christine Hayashi, SFMTA’s deputy director of taxi services, come up with a detailed plan.

It’s aimed at addressing what some drivers call an unfair and flawed system. Permit-holders by law must drive a minimum number of shifts, and it they get hurt or just get too old to drive, they have to surrender their medallions, leaving them with no source of income.

It will also help SFMTA’s budget — the city could sell unclaimed permits for big money and would get a cut of every other sale.

But critics, including Judge Quentin Kopp, the former San Francisco supervisor who wrote the 1978 law that created the old system, say the medallion holders just want to cash in on something that has always been city property.

The pilot project approved by the SFMTA board allows the city to sell up to 60 medallions directly to drivers and allow about 300 drivers over the age of 70 to sell their medallions to any qualified driver who can come up with the cash. The program aims to set a fixed selling price, but has yet to do so, instead setting a $400,000 limit. It is estimated that medallions will sell for no less than $200,000.

That, of course, will be a huge windfall to the sellers, who paid nothing for their permits.

The pilot program was essentially a done deal even before the Feb. 26 vote. In an e-mail to the Guardian, agency spokesperson Judson True confirmed that $11 million in taxi revenue had been added into the MTA budget before the vote took place.

 

THE GREED FACTOR

Kopp sat behind the desk in his West Portal neighborhood office a week before the MTA vote, bitterly condemning the medallion sales program. “It’s based on greed. It’s based on City Hall greed,” he said. The stentorian 82-year-old occasionally thumped the desk with his fist for emphasis as he launched into the history of Proposition K. Then-Sup. Kopp authored that landmark legislation prohibiting private companies from owning driving permits, instead granting control to drivers.

“This will reverse a system that gave a genuine cab driver the opportunity to obtain a permit and replace it with a system that restores the ability of people with lots of money to buy a permit,” he said.

But Kopp’s bill had some unforeseen consequences. The list has become so long that medallions are being issued to people in their 60s and 70s — and some of those people are driving passengers around town despite failing reflexes, eyesight, and motor skills.

Carl Macmurdo, president of the Medallion Holders Association (MHA), believes that selling medallions will provide an exit plan for geriatric drivers while giving younger cabbies an entry opportunity. At 59, Macmurdo is still a full-time driver and has been in the industry 27 years.

It makes sense that MHA members are generally in favor of the pilot program — they could potentially make a mountain of money. Although only those over the age of 70 are now eligible to sell them, the age limit could be lowered in the future.

 

INDENTURED SERVANTS

The United Taxi Workers (UTW) headquarters consists of a few cramped offices on the fourth floor of an old office building in the Mission District. All the interior trim is painted taxi-yellow. In late January, UTW spokespersons Mark Gruberg and Rua Graffis sat at a large table, fearing the worst.

They predict the sale of medallions will provide large cab companies with the equivalent of indentured servants. They say drivers will need upwards of a $200,000 loan to purchase a medallion, requiring a hefty downpayment.

Few drivers will be able to pay for a permit with savings, so the system will only work if someone is willing to finance those purchases. And drivers who are recent immigrants or have bad credit may not be able to get traditional loans. So they could wind up borrowing from their employers, the cab companies, UTW activists say — and by owning the debt the companies will essentially own the medallion.

“Supposedly there’s going to be a provision that says a cab company can’t lend money to a driver toward purchasing a medallion. But it would be so easy to get around that by hooking up with an outside lender,” Gruberg said.

Another fear is that the pilot program will favor young drivers and punish veterans. “Suppose a 27 year-old is on the list and I’m 63. Which one of us is the bank more likely to lend money to?” Graffis asked.

Under the pilot program, drivers will have the option to purchase according to seniority on the list. But without a lender, that’s little help.

 

WHO’S GETTING SCREWED

At 1 p.m. the day of the SFMTA vote, Bill Mounsey and David Barlow were sitting on a bench outside the hearing room. Both are members of UTW and planned to speak in protest of the pilot program.

Mounsey is 63. He’s been on the list for 13 years and is No. 200. He is part of the group most vulnerable in the medallion reform process — drivers who have already waited more than a decade but still have years to go.

If at any point the board decides to eradicate the list before he receives a medallion, Mounsey’s years of waiting will be wasted. “I would never buy one. I’m 63 years-old, no one would ever give me a loan,” he said.

For now, the wait list survives. Under the pilot program, one medallion will be given away for every one sold until the list is exhausted. However, with only half as many medallions being given out, Mounsey fears the list will move half as fast.

Around 50 people attended the meeting, a small fraction of the city’s cab drivers. At 3:56 p.m. the board passed the pilot program and Prop. K moved a little closer toward death.

Hayashi spent more than 175 hours trying to create a pilot program that provides the city with revenue and benefits the taxi drivers. She has made an effort to engage the taxi community and worked with a group of drivers to draft the proposal. She even plans on getting a taxi license.

After the City Hall meeting, Hayashi explained the challenges facing the pilot program over coffee in a downtown cafe. Before March 30, when the proposal is set for a final SFMTA vote, Hayashi must lock down lenders, create lending programs feasible for drivers, and set a fixed selling price for the medallions.

The blaring problem with the pilot program is a lack of committed lenders ready to finance cab drivers’ loans. Bank of the West has expressed interest, as well as two New York credit unions experienced in medallion loans and two San Francisco credit unions.

But how will those loans be structured? Who will qualify? How much of a downpayment will drivers need? And how, in the end, will this change the experience and qualifications of the drivers — and the quality of cab service in the city?

Hayashi sounds confident. “Good service depends on happy drivers. Our goal is to restore professional pride for the drivers, allow them to feel that taxi driving is a career and a respected profession,” she said.

But a lot — a whole lot — can go wrong with this major change in a complex industry that provides essential service to residents and tourists alike. And once the city moves down the path to private medallions, it’s going to be hard to go back.

Newsom’s sanctuary policy destroys MUNI worker’s family

12

“They used our son as bait, just to get the mother to come in,” Washington said.

When San Francisco native and MUNI bus driver Charles Washington married Tracey, his Australian girlfriend in Reno last April, he never imagined that she and her sons would be deported after her 13-year-old bullied another kid at school for 46 cents.

But that’s what will happen Friday, March 5, almost a year after their wedding, unless a miracle happens. And this travesty is happening thanks to Mayor Gavin Newsom’s overreaching juvenile sanctuary policy, a broken federal immigration system, and a couple who tried to do the right thing, but were told they didn’t need to apply for a green card in a hurry, when they called an immigration number for information last year.

‘What more could we have done other than call the number?” Washington asked, noting that once they were told it wasn’t urgent, they began saving up, so they could afford the several thousand dollars a green card for his wife and two kids was going to cost.

 

But now, thanks to a bullying incident at school, and the city’s overly draconian policy towards immigrant youth, Washington’s wife and her 13-year-old son will be deported to Australia on Friday, and her 5-year-old boy will accompany them, while Washington  stays in San Francisco to look after his 12-year old daughter (pictured in a photograph taken at the March 1 press conference at Asian Law Caucus).

“There are no laws that prevent me from going to Australia, but I have joint custody of my daughter from a previous marriage and her mother is not going to authorize the child to move, so I’m hoping for a miracle,” Washington explained.

His wife Tracey, who has been forced to wear a federal electronic monitoring bracelet since February, looked on in silence, flanked by her sons and step-daughter.

Washington, who grew up on Mt. Davidson Terrace, and was formerly in the military, had been driving a MUNI bus for a year and a half, when he woke one morning after he got home from his late-night MUNI shift, to hear the phone ringing with a call from his stepson’s school to say there where problems between him and a sixth grader.

“The school told me it was their policy to call the parents any time the police are going to talk to a child,” Washington said. Twenty minutes later, he and his wife were at the school, talking to an SFPD officer, who said a report had been filed by another parent about the incident and the police now wanted to talk to their kid.

After the interview with the police, Washington thought the worst thing that could happen was that the officer would write a citation to say his son needed to appear at juvenile court. Instead, the police arrested his stepson, putting him in handcuffs and saying that they were going to take him to the Juvenile Justice center.

“I think my son was in shock, as I was, “ Washington said. “What he actually did, and what the actual charges are, they are universes apart. Back when I was in school, at worst, a bully was sent home for the day, creating problems for them at home, when they explain to their parents why they’ve been sent home.”

Instead, Washington’s stepson was charged with felony robbery, extortion and assault after the parents of a sixth-grader at his school called the police, but his case has yet to be adjudicated by a juvenile justice, –and a bench warrant will be issued if he fails to attend a March 8 hearing in San Francisco—3 days after he and his mother are deported.

According to Washington, (pictured here (left) with Angela Chan, (right) staff attorney for the Asian Law Caucus) no weapons, no injuries and no witnesses were involved in his stepson’s incident. “And it was strictly one kids’ words against the other,” Washington said.

So, why did the police decide to refer his stepson to the federal immigration authorities?

“I think the officer picked up on the fact that he had an accent,” Washington said. “And when asked where he was born, my stepson said, ‘Australia.’ He is 13 years old. He doesn’t know if he is undocumented or not. As far as he is concerned, he was born in Australia, moved to San Francisco, and this is his family, his new family.”

Washington said his stepson was held for a week at Juvenile Hall for a week, during which the atmosphere at home became tense and stressful.

“We did not understand why this was happening,” Washington said. “Kids on my bus get on and do way worse things than he actually did, and the police usually make their presence known, but there is no worry about going to Juvenile Hall.”

But the worst was yet to come.
After his stepson had been at Juvenile Hall for about a week, Washington got a call from his stepson’s probation officer, saying that he was going to have to contact federal Immigration and Customs Enforcement (ICE).

“He said he had to contact ICE, that he was just doing his job, that it’s what’s required under his job title,” Washington said.

Under a new policy that Mayor Gavin Newsom ordered in the summer of 2008, the city’s juvenile probation officers are required to contact the feds when a juvenile is booked on suspected felony charges. This means, the probation officers are required to contact ICE before immigrant kids have even had a hearing before a juvenile judge to determine if they are in fact, guilty, as charged.

‘They didn’t say, ‘he might be deported,’” Washington said.” I was just told that there might be a ‘ICE hold put on him,’ but at this point I was still not understanding the importance of ICE.”

Once ICE picked up his stepson and transferred him to ICE’s facility on Sansome Street, Washington got a call from his stepson, who said he was OK.

“At this point, we were aware of the immigration issue, so I told my wife to stay at home and I went down there with a lawyer, and I was able to meet with my son,” Washington recalled.

But when he got back home, he received a call from his lawyer who notified him that if his wife was willing to go in and put on an electronic monitoring ankle bracelet, the feds would release their son.

“So, I drove my wife to Sansome Street, and that’s when we were informed that she was being handed her deportation orders, along with our 13-year-old son,” he said

His wife has been wearing the electronic monitoring ankle bracelet ever since.

“She wore pants today because it makes her feel ashamed, and she cries nightly over the fact that she feels like she’s being treated like an animal,” Washington said. “She says, ‘I feel like they think I’m a murderer, but I’m not, I haven’t done anything wrong.’”

According to Washington, his wife arrived in the country along with her kids on a 90-day visa-waiver, and the couple got married about 45 days into that visa.

“We had known each other for seven years, and we looked into getting a green card, two days after we were married, and we were told, not once, but twice, that if you enter on a visa-waiver, there is no deadline to apply for your green card. We were misinformed.”

But while Washington notes that the office that he spoke to was a contractor for the federal government and had its information wrong, he still can’t get over the fact that the federal government would treat him and his wife this way, using their son as bait.

‘This is all shocking to me,” Washington said. “I never dreamed America would treat not only someone from America, but someone not from America, this way. All we want is for our application to be reviewed based upon the facts. We are being told it’s too late.”

Equally upsetting for Washington was the experience of seeing his stepson used as bait.

‘They used our son as bait, just to get the mother to come in,” he said. “ Our son wasn’t there for more than 4 or 5 hours ,and we had no clue that the deportation papers would be served until we walked in. They hadn’t even put the monitoring bracelet on her. She could easily have run, but we still don’t want to break the law, regardless of the outcome. Even though we did something wrong according to ICE, it wasn’t intentionally. If we had been given the correct information, we wouldn’t be here. Yes, we couldn’t afford the money at that time, but we’d have made sacrifices.”

Washington said he is reaching out to the media in a last ditch effort to save his family.

“I don’t know any other way but to network, maybe someone might know someone else who can save my family,” he said. ‘My stepson, he’s just a nerd, he’s not a violent person, he’s not aggressive at all, he’s just being a boy, and he really hasn’t had a father figure in his life, until he moved here.”

Angela Chan, staff attorney for the Asian Law Caucus, which has been helping the Washington family try to get their green cards, said that if the son had never been reported to ICE, then the family likely would have received green cards.

“But now they are refusing to consider it, because of the ICE referral,” Chan said.

Chan also explained that if the boy was able to appear before a juvenile justice, he’d likely get informal probation for a first-time minor offense.

“He only had a hearing, but the juvenile proceedings were halted, when he got handed off to ICE,” Chan said. “The District Attorney had filed charges, but they had not yet been adjudicated, and a judge had not yet reduced the charges.”

Jane Kim, President of the San Francisco United School District said the School Board unanimously supported the amendment to Newsom’s policy that Sup. David Campos introduced last year and which a supermajority of the Board of Supervisors supports.

“We have seen how changes in the Juvenile Probation Department as of August 2008 have been used as a blunt tool to separate family members, regardless of whether the juvenile is convicted of the charges, and regardless of the family’s circumstances. And we don’t believe that the Campos amendment violates the US Constitution.”

“Newsom’s policy has put a lot of burden on our staff,’ Kim said, explaining how schools are now worried about calling the police, lest students end up being deported because the police referred them to ICE, based merely on accusations, 

“For those worried about public safety, I think this type of situation encourages under reporting,” Kim said.

Washington for his worries that his wife and her kids will be homeless in Australia.

‘My wife sold her furniture and gave up her apartment in Melbourne to come here, and her mother and father have a one-bedroom apartment, so there is no space for her and two kids,” he said

He also worries that if they ever manage to come back, his stepson will have a warrant out for his arrests:
 ‘Today we were notified that if my stepson doesn’t show up for his March 8 pre-hearing (in the juvenile justice system where the DA’s office is pressing charges), we’ll have to worry about a warrant for his arrest, which will make it even more difficult for him to move back” Washington said.

If a person is deported, they are barred from reentering the country for 3-10 years.

The Washingtons’ federal deportation will occur the day after the Board of Supervisors holds a hearing into why the city’s Juvenile Probation Department has failed to implement the city’s new policy towards immigrant youth: under the new policy, which the Board passed in 2009, a teenager like Tracey Washington’s son would get his day in court before being referred to federal immigration.

Since July 2008, when Newsom first began requiring probation officers to report all suspected undocumented youth for deportation right after arrest – before the youth  receives an attorney or a hearing on the alleged charges, over 160 children have been reported to ICE without regard to their innocence or how minor the offense.

In November 2009, a community-based based campaign resulted in the passage of a new policy that restores due process to immigrant youth. The new policy gives youth an opportunity to have a hearing and requires a finding that the youth committed a felony before any referral to ICE. If implemented, the new policy would boost public safety for all residents because it would put an end to the Mayor’s policy, which has caused immigrant residents to be afraid to have contact with city employees.

 “Until Mayor Newsom restores due process to all youth in San Francisco, many more hard-working families like the Washingtons will be torn apart,” said Chan.
On Thursday, March 4, the Board’s’ Rules Committee will hold a 10.30 am hearing at City Hall regarding Juvenile Probation Department’s refusal to implement the Campos amendment which would restore due process to youth.

Pressure builds to save Muni

5

Widespread frustration with Muni service cuts and fare hikes – passionately expressed by the public on Friday at a San Francisco Municipal Transportation Agency meeting that continues tomorrow (Tuesday, March 2, starting at noon in City Hall Room 400) – has prompted a surprisingly diverse backlash.

From angry, street-level progressive activists to the downtown-friendly San Francisco Planning and Urban Research Association (SPUR), San Franciscans are criticizing the SFMTA’s budget plan (including the 10 percent service cuts approved on Friday, which could be revisited tomorrow) as short-sighted and unnecessarily divisive, prompting the biggest and most diffuse progressive organizing effort in years.

“I’ve never seen anything like this,” SFMTA spokesperson Judson True told me as he surveyed the huge, passionate crowd assembled for Friday’s meeting, adding, “It’s clear grassroots organizing is alive and well in San Francisco.”

It’s true that grassroots organizing helped with Friday’s massive turnout, with hundreds of people lined up to give almost five hours worth of public testimony, much of it expressing frustration with poor city leadership (particularly by Mayor Gavin Newsom and his appointed SFMTA board and director) and declining public services.

But these weren’t the talking points of a centrally organized effort, which is what’s so remarkable about this movement. While many progressive groups joined forces under the Transit Not Traffic banner (coordinated by MTA Citizens Advisory Board member Sue Vaughn and others), and there’s a new San Francisco transit riders union (coordinated by transportation activist Dave Synder), the huge turnout on Friday came also from disability rights groups, ethnically identified groups from the Mission and Chinatown, the Senior Action Network, San Francisco Tomorrow, the social justice group POWER, the antiwar ANSWER Coalition, and several other groups, with very little coordination among them.

“We are really seeing a diverse group of people arguing for transit justice,” said Marc Caswell of the San Francisco Bicycle Coalition, which was part of the Transit Not Traffic coalition.

In fact, with Muni fares increasing and services declining since Newsom became mayor, a wide variety of groups seems to have figured out independently that there’s something seriously wrong with Newsom’s no-new-taxes approach to running the city, particularly given declining transit funding from the state and feds.

“These aren’t solutions. They’re just pitting one group against another,” said Frank Lara of the ANSWER Coalition, which opposes a proposal for extended parking meter hours, much to the chagrin of progressive groups who want motorists to help close the budget gap by giving up their free parking on Sundays.

One SPUR proposal also seeks to eliminate this pitting of groups against each other, listing as its biggest dollar proposal the elimination of work orders from the San Francisco Police Department, which would save $12.2 million per year, which the SFPD charges SFMTA for unspecified services that it has yet to document, despite agreeing to as part of last year’s budget deal.

When asked about the work order proposal, Newsom press secretary Tony Winnicker said doing so would make Muni less safe by discouraging officers from riding buses, saying such work orders were a “good accounting practice” rather than the budgetary shell game that progressive supervisors and SPUR director Gabriel Metcalf have called it.

“The gamesmanship with work orders has got to stop,” Metcalf told the Guardian, criticizing the SFMTA for cutting service across the board and raising fares for express bus service and cable cars. “They don’t have to do that and they shouldn’t do that. They just need some political courage right now.”

The next largest SPUR proposals are to charge $300 per year for disabled placards that allow drivers to park for free (which would raise $10 million per year) and to enforce existing city codes that require garages to charge by the hour rather than all day (which would raise $6.85 million), followed by Muni work rule changes that would need union approval.

Winnicker said Newsom was aware of the big turnout on Friday and the anger voiced by the crowd, telling us, “He understands people are concerned and he shares those concerns.” But rather than accepting that many people blame Newsom, Winnicker blamed Muni’s Transportation Workers Union for voting down about $5 million worth of wage concessions and work rule changes. Yet many speakers criticized Newsom’s finger-pointing on Friday, saying he and the SFMTA were too focused on targeting workers rather than the downtown corporations that Newsom has refused to adequately tax.

“There was already a fare increase last year, so for the low-income popular, this is major,” Wing Hoo Leung, vice president of the Community Tenants Association, told me in Mandarin, translated by Tan Chow, an organizer with Chinatown Community Development Center. “In a bad economy, the low-income people can’t get hit again and again. We need to cut from the top.”

Tax measures will be a big part of tomorrow’s SFMTA discussion of the $100 million budget deficit looming for the next two years – such as a parcel tax, downtown transit assessment district, parking tax increase, or local vehicle license fee — and several SFMTA board members agreed with the statement made Friday by Trustee Malcolm Heinicke that, “We need to look for other sources of revenue.”

Even Winnicker said Newsom acknowledges the need to discuss tax measures, even though he philosophically opposes them: “He understands that many things have to be on the table to close next year’s budget gap.”

But he’s far from advocating for any revenue-side solutions.

“The mayor doesn’t think the tax measures will have much public support,” Winnicker said. Yet progressive groups say that’s because Newsom has undermined people’s faith in local government and actively opposed tax increases rather than trying to make the case to the public that they’re needed to present public transit and other vital services.

“Newsom has to be out there fighting, one at the state level, and he needs to show some leadership here,” said Bob Allen of the group Urban Habitat. “I don’t want to hear Gavin Newsom say again that this is a transit-first city if he’s not going to do anything to support it.”

But Allen said that if Newsom and other city leaders made the case for new taxes to support transit and ran a strong campaign, “This city will support a ballot measure to protect Muni and expand it.”

Yet right now, he said one of the things frustrating low-income San Franciscans is there is a basic inequity between motorists and Muni riders: “If parking is going to be free on Sunday, transit should be free on Sunday. If parking is going to be free in the evenings, transit should be free in the evenings.”  

Newsom has long voiced opposition to extended meter hours, only recently softening that position slightly to possibly allow for a small pilot program for Sundays. But his appointed trustees might be willing to go even further, with Bruce Oka saying on Friday, “I know the mayor doesn’t like it, but it has to be tried.”

SEIU members oust the old guard

0

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

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

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

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

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

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

 

The press release from the winning reform slate follows: 

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

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

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

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

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

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

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

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

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

The Chronicle’s dishonest hit on district elections

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


An example of the Chron’s logic:


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


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


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


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


More:


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


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


And the Chron’s own editorial contradicts that argument:


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


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


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


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


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



They also note:


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


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


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


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


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


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


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


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


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


 

Transit activists swarm City Hall

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Hundreds of transit supporters, angrily opposed to the package of Muni fare hikes and service cuts proposed to close a $16.9 million mid-year budget deficit, are now packed into City Hall demanding equity and justice.

“I’ve never seen anything like this,” Judson True, spokesperson for the SF Municipal Transportation Agency, told me as he surveyed the huge overflow crowd packed into South Light Court, watching the upstairs budget meeting on closed circuit television. “We should all get on buses and go to Sacramento. It’s clear that grassroots organizing is alive and well in San Francisco.”

It may be true that budget cuts and lack of political will to raise taxes in Sacramento helped cause this problem, but this crowd was angry and they directed most of that ire at the MTA board and the man who appointed them, Mayor Gavin Newsom.

Even True wasn’t spared, as college student Glo Pereira laid into him as we spoke: “I’m a person who doesn’t appreciate this,” she glowered.
That was the dominant mood among the wide coalition of groups represented here today, including a strong presence by communities of color, those with disabilities, and social justice groups.

MTA spokesperson Judson True is confronted by activist Glo Pereira

“You folks should resign! You aren’t doing your job and you haven’t done your job,” activist Bob Planthold told the board. “This is an agency run by one man, Gavin Newsom, in the interests of one man, Gavin Newsom.”

That’s a common theme, one of complete exasperperation, with regular calls to tax the rich and lay off the poor, and for more engaged leadership from the Mayor’s Office.

As I write, there’s still lots of public testimony to go before the board deliberates and votes, so check back to this blog post, which I’ll update periodically.

Update: The MTA board seems to have heeded much the public input, voting 6-1 (with Trustee Cameron Beach in dissent) to remove the increases in Fast Pass fares for youth, senior, and the disabled and to approve the rest of the fare increases, which will increase prices for express buses and cable cars. That package was then approved on a 4-3 (with McCray, Lee, and Beach in dissent, although they didn’t make clear the reason for their votes).

Similarly, another 4-3 vote by the same trustees approved a package of service reductions that total about a 10 percent overall cut, although there was a consensus direction for the board to try to spare cuts on the busiest lines, including 14, 49, 30, 38, M, and the Owl, as well as ensuring nightime cuts are minimized. Overall, the results of the vote weren’t entirely clear and the meeting wasn’t formally adjourned, but instead will be recessed until Tuesday when the board will discuss the larger budget picture going into the next fiscal year.

At that time, the board will consider placing a parcel tax or other new revenues measures on the November ballot, something that seemed to have the support of most board members. In addition, Director Malcom Heinicke today outlined his support for a extended parking meter hours, which he would like to see done as a pilot program along five or six selected commercial corridors on Sundays and on a single commercial corridor on weeknights until 10 p.m. Several board members voiced support for the idea.

While today’s vote didn’t close the $16.9 million deficit that was the purpose of this meeting and the public testimony that went for nearly five hours, MTA executive director Nat Ford noted that “there is some softness” in the revenue picture, including the possibility of getting a $7 million from the Board of Supervisors and using a greater portion of the $17 million windfall that the MTA received after the feds decided to discontinue the Oakland airport connector service on operations rather than maintenance, as staff had proposed. In addition, the MTA board is currently discussing a privatization plan for taxi medallions, which could affect the revenue picture.

I’ll try to help sort this out with another post before day’s end, including more testimony from the occassionally raucous meeting, but it appears that this meeting essentially ended with a “To Be Continued,” and the board will pick up where it left off on Tuesday, when the big new revenue proposals (which Mayor Gavin Newsom has resisted supporting) could be at the very center of the debate.

 

Ethics for political consultants?

1

I got an email from Garry South today. He’s the guy who used to run Gavin Newsom’s campaign for governor. Now he’s turned on his previous client. And he’s sent out a message to political reporters explaining why Newsom — the guy he was pushing for governor of California — is actually a worthless hack.


Here’s the mail:




STATEMENT BY GARRY SOUTH


CHIEF STRATEGIST, JANICE HAHN FOR LT. GOVERNOR


FORMER SENIOR ADVISOR, GAVIN NEWSOM FOR GOVERNOR



I am surprised and perplexed that my friend and former client Mayor Gavin Newsom apparently has decided to jump into the lieutenant governor’s race at the last minute – especially against an already-announced candidate who would be the first woman lieutenant governor in California history.


In every one of several conversations we had about the job while he was running for governor, the Mayor expressed nothing but disinterest in and disdain for the office of lieutenant governor. In fact, he was derisively dismissive of Gray Davis’s decision to run for and serve as lieutenant governor prior to running for governor (“I’m not a Gray Davis,” he said). On a couple of occasions, he directed me to repudiate publicly in the strongest terms that he had any interest in ever running for lieutenant governor.


The Mayor himself told the Chronicle in October that rumors he may run for lieutenant governor were “absurd” and “a complete lie,” and angrily accused Jerry Brown of personally spreading false information to that effect. As recently as December, he himself said flatly “no” when asked directly on a San Francisco radio show whether he intended to run for lieutenant governor.


In addition, when he precipitously pulled out of the governor’s race in late October – against my advice – he said he couldn’t continue as a statewide candidate because he was a husband, a new father and the mayor of San Francisco. So far as I know, he’s still a husband, a new father and the mayor of San Francisco. So it’s pretty hard to see what’s changed over the last four months that would now allow him to run for another statewide office.


If the Mayor does run, it is his responsibility to explain why he now claims to want an elected office he summarily dismissed publicly numerous times over the last several months, and which just earlier this year he called “a largely ceremonial post” … “with no real authority and no real portfolio.”


Now, if Garry South were an attorney, I think he could be disbarred for that statement. Lawyers can’t discuss anything that transpired between them and their ckients.And it sounds to me like he’s taking confidential conversations between himself and his client — talks that occured during campaign strategy sessions — and passing them along to the world.


But since political consultants have no regulations, nothing will happen to him.


Now, there is a code of ethics of the American Association of Political Consultants, which you can read here. It says, in part:


  • I will treat my colleagues and clients with respect and never intentionally injure their professional or personal reputations.

  • I will respect the confidence of my clients and not reveal confidential or privileged information obtained during our professional relationship.

  • Of course, the AAPC is just a trade group, with no enforcement. (Just as journalism codes of ethics are not enforceable by anyone.) But if you ask me, it’s a little slimy.


     



     


     


     


     


     


     

    Muni cuts spark popular backlash

    2

    Tomorrow’s big showdown over the latest round of Muni service cuts and fare hikes seems to be galvanizing transit supporters and giving birth to a rejuvenated progressive advocacy effort, including a new transit riders union led by noted alternative transportation advocate Dave Snyder. And that hearing is just a prelude to a taxi medallion privatization plan that will be heard in the afternoon and another big Muni budget blowout on Tuesday.

    “We are asking everyone to show up and complain about the mayor and the MTA board’s failure to prepare for this and find alternatives to the drastic cuts they’re proposing,” Snyder told us, referring to the San Francisco Municipal Transportation Agency’s plans to close a $16.9 million mid-year budget deficit (which is what’s left after the $11 million from the taxi permit selloff, which the MTA has already figured into the budget) almost entirely on the backs of Muni riders, who have already seen their fares double since Gavin Newsom became mayor in 2004.

    The hearing is Friday at 9 a.m. in City Hall Room 400. That afternoon, Snyder will meet with a broad-based advisory board that he’s assembled to lead (and to name) the new transit riders union that he’s been working on for months, and his tentative plan is to formally launch it on Monday.

    For now, those interested in being part of this fledgling organization can sign up here. The new organization is being launched as the MTA board moves from tomorrow’s controversial meeting into another one on Tuesday, that one to start grappling with the huge budget deficit the agency will still face in the next fiscal year that begins in June, even if it’s successful in closing this year’s.  

    Snyder is probably just the right person to lead this effort, having directed the San Francisco Bicycle Coalition in its formative years before founding Transportation for a Livable City (now known as Livable City) and then becoming the transportation policy director for the San Francisco Planning and Urban Research Association (SPUR), a post he left last year during a controversy surrounding Snyder’s appointment to the Golden Gate Bridge, Highway, and Transportation District Board of Directors. 

    Snyder said Newsom and the MTA board have failed to plan for this foreseeable funding shortfall, saying they should have accelerated plans for extended parking meter hours (particularly ending the free parking on Sundays), a congestion pricing program, a local vehicle license fee, or measures like a gas tax, transit assessment fee, or a parcel tax – all of which the MTA board and mayor could have placed on the ballot for voter approval. Instead, they did nothing and are now pursuing a 10 percent reduction in Muni service, which could start a disastrous downward spiral.

    “They need a stable, long-term funding source,” Snyder told us. “The charter actually says they’re supposed to aggressively seek new sources of funding.”

    MTA spokesperson Judson True said that neither tax increases nor extended parking meter hours among the proposed solutions for Friday’s discussion, but they’re likely to be raised as part of a longer term strategy during the meeting on Tuesday: “It’s likely that the various tax measures will be part of that discussion.”

    That could include reviving the extended parking meter hours proposal, which the MTA board heard last year during a rancorous public meeting, directing staff to do more community outreach on it. As True said, “We did a fair amount of outreach on it so we’ll see where the discussion goes on the two-year budget.”

    Snyder is hardly alone in his local advocacy for budget solutions that spare Muni from deep cuts. In fact, the Transit Not Traffic coalition that successfully pushed the 2007 MTA reform measure Prop. A – which includes the Bike Coalition, Livable City, Walk SF, and other progressive groups – has revived itself in advance of tomorrow’s meeting and will be flying outside City Hall starting at 8:30 a.m.

    There is broad support on the left for seeking more funding from drivers and the general public, but it’s not unanimous. The anti-war ANSWER Coalition frustrated many of its usual progressive allies last year by organizing against extended meter hours, claiming it was a hidden tax of low-income motorists. And Newsom has stubbornly resisted supporting new revenue measures, even in the face of unprecedented budget shortfalls, which makes the quest to win the support of two-thirds of voters difficult.

    But the popular outrage that’s been expressed in recent weeks about how much Muni has been cut, year after year since Newsom became mayor, will likely put pressure on him and the MTA board (all of whom Newsom appointed) to pursue new revenue options.

    True sounded weary as we spoke, noting how much anger has been expressed at the recent series of town hall meetings. “We know where people stand on these proposals,” True said. “The board is going to have some tough decisions to make, clearly.”

    SF officials tap corporate cash

    2

    San Francisco’s $500 campaign contribution limit makes it tough for rich individuals and corporations to curry favor with local politicians, right? Well, not really. Actually, politicians can still tap wealthy interests for tens of thousands of dollars for their special events and pet projects, as long as they fill out a form called “Payments Made at the Behest of an Elected Officer” within 30 days.

    Traditionally, those forms have been buried in the files of the Ethics Commission, but the agency recently put them online, a rare bit of user-friendly sunshine from this often-toothless watchdog body. A Guardian review of the forms shows it is almost exclusively the city’s most fiscally conservative elected officials who use this tactic, tapping a relatively small pool of downtown power brokers.

    When Sup. Michela Alioto-Pier wanted to support a Bizworld Foundation event in December, she had Pacific Gas & Electric donate $5,000 on her behalf. Sup. Sean Elsbernd throws a big annual crab-feed fundraiser in February, with proceeds going to the Laguna Honda Foundation. The form for this year’s event isn’t in yet, but last year he got $5,000 each from all the top anti-progressive funders: Don Fisher, Dede Wilsey, Charles Schwab, Warren Hellman, Platinum Advisors, and the San Francisco Association of Realtors.

    But far and away the biggest beneficiary of these kinds of corporate donations is Mayor Gavin Newsom, who submitted more than half the forms on file. For last year’s Sunday Streets events, he tapped the Hellman family for $30,000, Blue Shield for $10,000, his favorite developer Lennar for $10,000, and Lennar subcontractor CH2M Hill for $5,000. The year before, the top Sunday Streets donors (at $20,000 each) were California Pacific Medical Center (which is seeking city approval to build two new hospitals) and Catholic Healthcare West.

    For his swearing-in events in 2008, Newsom tapped old family friends Gordon and Ann Getty for $30,000, the Fisher family for $20,000, and Charles Schwab, Dede Wilsey, and Marc Benioff for $15,000 each. And, of course, PG&E gave him $10,000.

    When Treasurer Jose Cisneros was starting his Bank on San Francisco program in 2008, he had Wells Fargo donate $20,000. When Sup. Bevan Dufty wanted to create Mission High School scholarships in his name, he called his friends Denise and John York, owners of the 49ers, to cut a check for $19,000.

    Only one official from the progressive side of the local political spectrum turned to these big donations for help, and that was then-Sup. Aaron Peskin in 2007, when he wanted to raise $84,000 to buy a Telegraph Hill property to turn into open space. His top donors were the Gerson Bakar Foundation for $34,000 and 1301 Sansome LLC for $15,000.

    So if you want to find out how downtown corporations are supporting the politicians they favor, keep your eye on this valuable new online resource.

    A look back at the 2010 Sundance Film Festival (part three: docs!)

    2

    Check out Jesse’s two-part take on Sundance’s narrative side here and here.

    Sporting the revamped tagline “This is the renewed rebellion. This Sundance, reminded,” the festival’s always-stellar documentary selections most often live up to their astonishing subject matter. This year was no different. First up for me was the controversial 8: The Mormon Proposition by Reed Cowan and Steven Greenstreet. The film explores the Mormon Church’s involvement (and sneaky double-dealings) in the pro-Prop 8 campaign in California, as well as exploring how many Mormon leaders use God’s will as a manipulation tatic towards preventing (or in this case, taking away) civil rights. The film’s most jaw-dropping revelation, which draws a connection between the persecution of a follower of Mormon Church founder Joseph Smith and today’s struggle for same-sex marriage, will chill your bones with irony.

    But while the audience at 8‘s world premiere gave the film a five-minute standing ovation (the crowd included everyone from Dustin Lance Black, Oscar-winning screenwriter of 2008’s Milk, to San Francisco mayor Gavin Newsom), the filmmakers make a major misstep by undercutting an otherwise powerful and damning interview from a Mormon leader with gurgling, demon-like sounds and a backdrop cartoon of the man as the devil. This Michael Moore-esque technique of falling prey to “emotional ranting” not only contradicts Sundance director John Cooper’s catalog description of the film, but helps shuts down the “conversation” (which both filmmakers stressed numerous times during the Q&A) with people who voted for Prop 8. Unfortunately, this cheap shot lowers the film’s credibility and when questioned by an audience member (who had voted for Prop 8) why they had used such tactics as “altering the [Morman man’s] voice,” the filmmakers quickly became defensive, shouting, “We didn’t alter anything!” and “Listen to the words!” When re-questioned, they stated, without a doubt, that they “stood by” how they had presented the information. Where was that conversation again?

    Expanding on a six-minute short co-directed by Alfonso Cuaron (2008’s Children of Men), The Shock Doctrine (an adaptation of Naomi Klein’s book about economist Milton Friedman’s “Free Market” idea), is a 79-minute whirlwind of film. Directors Michael Winterbottom and Matt Whitecross disturbingly deconstruct this “marginalized backwater economic theory” and expose it as the main philosophy applied towards many of the U.S. and U.K’s current international (mis)handlings. While it may be a simplification in many areas (and filled with George W. Bush and conservative bashing), this doc sheds light on deregulated trading between countries, and how it has had devastating aftereffects on the rest of the world.

    Also expanding on a previous short film (2006’s A Conversation with Basquiat), Tamra Davis’ Jean-Michel Basquiat: The Radiant Child is a tightly woven overview of his life combined with poignant interviews with friends and ex-lovers, topped off with very personal footage that Davis herself conducted in the early 1980s. With an outstanding soundtrack of early 80s no-wave tracks as well as classic hip-hop tunes, this tribute is a genuine crowdpleaser for fans and the uninitiated alike.

    Leon Gast’s Smash His Camera uncovers villified 1970s paparazzo Ron Galella in a deliciously contradictory manner. Exploring the constant battles revolving around privacy rights (claimed by both Galella and his subjects), freedom of the press, and obsession with fame, the film asks viewers to question our own fascination with stars. It raises the revolutionary, contemporary question as to how legit Galella actually might be as an artist. With priceless moments signed and delivered by Galella himself, you may find yourself walking out of the film wanting to scapegoat and demonize an individual for showing us exactly what we are captivated by and are constantly seeking out.

    The latest doc from Stanley Nelson’ (2006’s Jonestown: The Life and Death of the Peoples Temple), Freedom Riders, delivers the type of archival footage that we’ve forgotten history is made of. Beginning in 1961, if follows a few groups of devoted individuals who were brave enough to take buses into the deepest of the segregated South, with hopes of ending racial discrimination. Nelson’s film is a genuine tribute to the audacious and non-violent struggle by protestors who even Martin Luther King Jr, John F. Kennedy, and Robert Kennedy didn’t know how to support. With the current civil rights struggles in the United States, Freedom Riders strikes more than a few heartbreaking chords, making it a must-see.

    Yael Hersonski’s A Film Unfinished deconstructs an infamous Nazi-produced documentary about the Warsaw ghetto, incorporating a newly-discovered reel of outtakes and contradictory footage. What was meant to be a document of how happy the Jewish people supposedly were in the ghetto is overwhelmingly exposed as nothing but reenactments and revisionism. The importance of A Film Unfinished goes beyond the subject matter, for it not only examines the misrepresentation of certain historical documents and the long-standing destructive side effects of doing so, but also directly correlates to so many dilemmas we currently have with the delivery of information through cinema, TV, and online media. The film picked up Sundance’s World Cinema Documentary Editing Award.

    Tim Hetherington and Sebastian Junger’s Restrepo, which won the festival’s Documentary Grand Jury Prize, chronicles the deployment of a platoon of U.S. soldiers in Afghanistan’s Korengal Valley. The visceral footage is quiet, haunting, and surprisingly non-judgemental. Interspersed with interviews with the soldiers after they’ve returned home from their 15-month outing, the audience gets to experience not just individual journeys, but also the contrasting after effects on the group, post-tour of duty. As Hetherington and Junger spoke after the screening, the revelation of how close they become with the battalion (during the ten trips they made with the soldiers) brought up a valid question about the filmmaker’s impartiality. These soldiers saw and did things in Afghanistan they don’t seem to understand and I left the theater with the same confusion. Since seeing Restrepo, I haven’t been able to stop thinking it.

    Christian Frei’s Space Tourists follows the spectacular quest of 40-year-old Anousheh Ansari, an Iranian-American millionaire whose dreams of becoming a space traveler came true. The film does not use narration, allowing its images to connect with the audience as opposed to telling them what and how to feel. This filmmaking choice (reminiscent of documentarian Frederick Wiseman) is risky business nowadays (more than two thirds of the audience filed out of the theater mid-film), but has the possibilty of achieving a transcendental feeling if you stick with it. Watching Ansari live out her fantasies (at a cost of $20 million) in real life, in slow motion on board the space shuttle is truly mesmerizing. But makes Frei’s film so profound is his attention to the world below, focusing on people like a gang of junk collectors who survive by scavenging the hills, retrieving the shuttle’s segmented remains. How rare that a film can provide so much insight to the world’s dichotomies while at the same time exploring (wo)man’s final frontier.

    Heidi Ewing and Rachel Grady’s follow-up to their Oscar-nominated Jesus Camp (2006), finds them on a corner in Florida: 12th & Delaware. This intersection has a pro-choice abortion clinic on one side of the street — and on the other, a pro-life pregnancy care center. Using the same techniques as their previous documentary (no narration, very few statistics, and no talking head interviews), Ewing and Grady get astoundingly up close and personal with both centers’ employees and clients. Unbiased, respectful, and remarkably candid, 12th & Delaware offers insight and clarity into both sides’ passion. While most will leave the theater with the same belief system as they had before going in (though I have to say that I sure believe the other side’s dedication a whole lot better now), there’s no doubting that this is genuine journalistic cinema at its best.

    And finally: Waiting For Superman, Davis Guggenheim’s follow-up to his Oscar-winning An Inconvenient Truth (2006), deftly explores the American education system in grueling detail, from the horrifying statistics of “academic sinkholes” and “drop-out factories” that plague our nation to the specific children, parents, and teachers that are caught in the middle. The incredible amount of research, follow-through, and devastating footage that Guggenheim has skillfully combined  is enough to open anyone’s eyes. The film suggests that while we all are waiting for a Superman figure to come and magically fix it all, every one of us is somehow involved with and affected by this nightmare. Along the way, this apolitical film becomes inspired, accountable, and motivational cinema. Rightfully, it won Sundance’s Audience Award for Best Documentary Feature.

    The battle for the forgotten district

    24

    sarah@sfbg.com

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

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

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

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

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

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

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

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

     

    DISTRICT OF DISCONTENT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     

    ELECTION UP FOR GRABS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    “We need new blood,” Morris said

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

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

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

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

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

     

    THE COMMON THREAD

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

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

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

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

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

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

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

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

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

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

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

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

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

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

     

    LEAKS AND FLOODS

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

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

    What we found was pretty messed up.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    And there’s no shortage of good ideas.

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

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

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

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

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

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

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

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

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

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

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

     

     


     

    DISTRICT 10, BY THE NUMBERS

    Total Acres: 5,650

    Average household income: $85,000

    Population: 73,000

    Registered voters: 37,700

    Average housing price: $335,000

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

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

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

    Editor’s Notes

    0

    Tredmond@sfbg.com

    Gavin Newsom never got any traction in the race for governor, in part because he completely alienated the progressive base in his hometown. And when you have unionized city employees holding protests outside your campaign fundraisers — and you’re in a Democratic primary in California — you’ve got serious problems.

    And now, oddly enough, the progressives in San Francisco may be his biggest allies in the race for the second-place job of lieutenant governor.

    There are some good reasons for that.

    For starters, a lot of us thought that Newsom, whatever his positions on issues, wasn’t ready to run California — to deal with all of the massive problems the state faces and to take on the brutal politics of Sacramento. And I think his behavior during his brief gubernatorial campaign demonstrated that we were right.

    But the Lite Guv job is a lot different. You don’t have to balance a state budget that’s $20 billion in the red; you don’t have to solve water problems. It’s a place where you can learn about state politics on the job, without really screwing things up.

    And if his real goal is to run for U.S. Senate down the road, say, when Dianne Feinstein retires, he’ll be in a good place to launch that campaign.

    But let’s face it. A lot of this is practical politics. With either Jerry Brown or Meg Whitman in the Governor’s Office, the state will continue to be screwed up and it will be even more important that cities take on their own economic destinies. And Newsom, as a bitter lame duck, simply can’t do that.

    The progressive political community isn’t unanimous at all. But a lot of people are thinking that if Newsom’s ascension to Sacramento means that the district supervisors will have a chance to appoint a progressive mayor, it’s worth the trade-off.

    No more silence on Prop. 16

    0

    EDITORIAL Pacific Gas and Electric Co. has found few allies in its effort to halt the spread of public power in California. The Sacramento Bee has come out strongly against PG&E’s initiative, Proposition 16 on the June ballot. Los Angeles Times columnists have denounced it. Six Democratic leaders in the California Senate have called for the company to withdraw the measure. Even the California Association of Realtors, hardly a radical environmental group, has come out strongly against the measure, in part because it’s so badly worded that it could halt residential and commercial development in large parts of the state.

    But PG&E has already set aside $30 million to try to pass this thing — and since the cities and counties that would be hit hardest can’t use public money to defeat it, elected officials across the state need to be using every opportunity they have to speak out against it.

    Prop. 16 is about the most anti-democratic measure you can imagine. It mandates that any local agency that wants to sell retail electricity to customers first get the approval of two-thirds of the local electorate. The two-thirds majority has been the cause of the debilitating budget gridlock in Sacramento, and it will almost certainly end efforts to expand public power or create community choice aggregation (CCA) co-ops in the state.

    It actually states that no existing public power agency can add new customers or expand its delivery service without a two-thirds vote — which means, according to former California Energy Commissioner John Geesman, that no new residential or commercial development in the 48 California communities that have public power could be given electricity hook-ups.

    It also, of course, eliminates the possibility of competition in the electricity business, making PG&E the only entity legally allowed to sell power in much of Northern California. That’s a radically anti-consumer position that most residents of the state would reject — if they understood it.

    And there’s the problem. With PG&E spending $30 million (of our ratepayer money) promoting this, using misleading language and a campaign based on lies, and with very little money available for a counter-campaign, it’s going to be hard to get the message out.

    That’s why every single elected official, candidate for office, and political group in the state that isn’t entirely bought off by PG&E needs to loudly oppose it, now.

    And there’s still a lot of silence out there.

    State Sen. Mark Leno and Assembly Member Tom Ammiano, to their credit, are not only opposing Prop. 16, they are helping lead the campaign against it. Sup. Ross Mirkarimi has helped build the coalition that’s running the No on 16 effort. The San Francisco Board of Supervisors has passed a resolution opposing the initiative. Sup. Bevan Dufty, who is running for mayor, is a public opponent. State Sen. Leland Yee’s office told us he opposes it (although he hasn’t made much of a big public issue of the measure). Same for City Attorney Dennis Herrera.

    But where is Mayor Gavin Newsom? Where is District Attorney Kamala Harris, who is running for attorney general? Where’s Rep. Nancy Pelosi and Sens. Dianne Feinstein and Barbara Boxer? Where’s the City Hall press conference with the mayor and every other elected official in town denouncing Prop. 16 and urging San Franciscans to vote against it?

    The silence is a disgrace, and amounts to a tacit endorsements of PG&E’s efforts.

    And it’s happening at the same time that the supervisors are pushing against a tight deadline to get the city’s Community Choice Aggregation program up and running.

    San Francisco is the only city in the United States with a federal mandate to sell public power, and the city is moving rapidly to set up a CCA system. This is a monumental threat to the city — and everyone either in office or seeking office needs to recognize that and speak out. Prop. 16 and CCA ought to be a factor in every local organization’s endorsements for Democratic County Central Committee and supervisor this year, and any candidate who can’t stand up to PG&E has no business seeking office in San Francisco.

    Editorial: No more silence on PG&E’s statewide power grab

    1

    Every single elected official, candidate for office, and political group in the state that isn’t entirely bought off by PG&E needs to loudly oppose Prop. 16 – now

    EDITORIAL Pacific Gas and Electric Co. has found few allies in its effort to halt the spread of public power in California. The Sacramento Bee has come out strongly against PG&E’s initiative, Proposition 16 on the June ballot. Los Angeles Times columnists have denounced it. Six Democratic leaders in the California Senate have called for the company to withdraw the measure. Even the California Association of Realtors, hardly a radical environmental group, has come out strongly against the measure, in part because it’s so badly worded that it could halt residential and commercial development in large parts of the state.

    But PG&E has already set aside $30 million to try to pass this thing – and since the cities and counties that would be hit hardest can’t use public money to defeat it, elected officials across the state need to be using every opportunity they have to speak out against it.

    Prop. 16 is about the most anti-democratic measure you can imagine. It mandates that any local agency that wants to sell retail electricity to customers first get the approval of two-thirds of the local electorate. The two-thirds majority has been the cause of the debilitating budget gridlock in Sacramento, and it will almost certainly end efforts to expand public power or create community choice aggregation (CCA) co-ops in the state.

    It actually states that no existing public power agency can add new customers or expand its delivery service without a two-thirds vote — which means, according to former California Energy Commissioner John Geesman, that no new residential or commercial development in the 48 California communities that have public power could be given electricity hook-ups.

    It also, of course, eliminates the possibility of competition in the electricity business, making PG&E the only entity legally allowed to sell power in much of Northern California. That’s a radically anti-consumer position that most residents of the state would reject – if they understood it.

    And there’s the problem. With PG&E spending $30 million (of our ratepayer money) promoting this, using misleading language and a campaign based on lies, and with very little money available for a counter-campaign, it’s going to be hard to get the message out.

    That’s why every single elected official, candidate for office, and political group in the state that isn’t entirely bought off by PG&E needs to loudly oppose it, now.

    And there’s still a lot of silence out there.

    State Sen. Mark Leno and Assembly Member Tom Ammiano, to their credit, are not only opposing Prop. 16, they are helping lead the campaign against it. Sup. Ross Mirkarimi has helped build the coalition that’s running the No on 16 effort. The San Francisco Board of Supervisors has passed a resolution opposing the initiative. Sup. Bevan Dufty, who is running for mayor, is a public opponent. State Sen. Leland Yee’s office told us he opposes it (although he hasn’t made much of a big public issue of the measure). Same for City Attorney Dennis Herrera.

    But where is Mayor Gavin Newsom? Where is District Attorney Kamala Harris, who is running for attorney general? Where’s Rep. Nancy Pelosi and Sens. Dianne Feinstein and Barbara Boxer? Where’s the City Hall press conference with the mayor and every other elected official in town denouncing Prop. 16 and urging San Franciscans to vote against it?

    The silence is a disgrace, and amounts to a tacit endorsements of PG&E’s efforts.

    And it’s happening at the same time that the supervisors are pushing against a tight deadline to get the city’s Community Choice Aggregation program up and running.

    San Francisco is the only city in the United States with a federal mandate to sell public power, and the city is moving rapidly to set up a CCA system. This is a monumental threat to the city – and everyone either in office or seeking office needs to recognize that and speak out. Prop. 16 and CCA ought to be a factor in every local organization’s endorsements for Democratic County Central Committee and supervisor this year, and any candidate who can’t stand up to PG&E has no business seeking office in San Francisco.

    Notes from the Sierra Club’s gala dinner

    0

    While I focused on Jerry Brown’s disappointing speech to the Sierra Club San Francisco Bay Chapter’s gala dinner on Wednesday night, there are a few more notable nuggets in my notebook worth posting here, starting with what appears to be the collapse of plans for a California Constitutional Convention.

    The Guardian recently reported on the difficulties that the campaign was having, but consultant Clint Reilly told me that the effort is basically over, with fundraising shortfalls being the final nail in the coffin. That’s one more reason why “hope” seems to be in such short supply on the political landscape.

    The event was held in the Merchant Exchange, a building owned by Reilly, who helped underwrite the gathering. So it was no surprise that the evening was MCed by his wife, Janet Reilly, who is running a strong campaign to replace Michela Alioto-Pier on the Board of Supervisors.

    There were lots of political luminaries at the event (list to follow), but there was one particularly notable attendee and particularly notable absence. Los Angeles City Council member Janice Hahn was one of the few politicos from down south, making the rounds in support of her run for lieutenant governor. But Mayor Gavin Newsom, who is considering challenging her, didn’t show up.

    Also a no-show was U.S. Sen. Barbara Boxer, who appeared by video to address the gathering and express appreciation for being the recipient of the Sierra Club’s first Phillip Burton Badge of Courage Award for environmental stewardship. Accepting the award on her behalf was California Democratic Party chair John Burton, who was his usual salty self, taking a dig at the San Francisco Chronicle by referring to someone who wrote “for the Chronicle back when that was a newspaper,” and describing the award’s namesake thusly: “My brother was an outstanding environmentalist who didn’t like the outdoors much.”

    He also made this funny, self-effacing crack at the start of his speech: “I think a third of the people in this room would like to see the accelerator stuck on the rug of my Prius.” I was not among that third.

    There was a strong turnout of local political leaders, but tellingly, only from the left side of the political spectrum. The members of the Board of Supervisors who turned out were David Chiu, Chris Daly, Ross Mirkarimi, Eric Mar, and John Avalos. Other political luminaries on hand included City Attorney Dennis Herrera, Sen. Leland Yee (Yee and Herrera are each running for mayor) City College trustee John Rizzo (who introduced Brown), Senator-turned-Oakland mayoral candidate Don Perata, District Attorney Kamala Harris, Rep. Jerry McNerney, and Sen. Loni Hancock.

    Rambling Jerry Brown speech raises fear among Dems

    22

    If Jerry Brown’s keynote speech last night to a gala environmentalist dinner is any indication, the Democratic Party faces an uphill battle to win this year’s governor’s race. The rambling, alternately vague and academic, and often pointless address did little to inspire or excite a large, sympathetic crowd that was loaded with top Democrats. In fact, some party luminaries were openly aghast at the poor performance, with one making this succinct (if off-the-record) assessment: “We’re fucked.”

    Brown has never been a dynamic speaker, but the unscripted, half-hour speech – given at the Sierra Club San Francisco Bay Chapter’s David Brower Dinner in San Francisco, a $250 per head affair that drew top Bay Area Democrats – illustrates the danger of letting a primary be decided by legend and money rather than political persuasion.

    Brown’s fundraising prowess and strong poll numbers chased Gavin Newsom and other potential rivals out of the Democratic Party gubernatorial primary, even though Brown hasn’t really outlined his political vision for California, given many extended speeches since being discussed as a candidate for governor, or even officially declared his candidacy (he and others have until March 12 to do so).

    “This thing is really daunting,” Brown said of the governor’s race toward the end of the speech, seemingly unsure that he was ready to run, but saying he would make an announcement sometime in the next couple weeks.

    Brown started his speech by telling the crowd that he didn’t know what he was going to talk about, so when he arrived (late) for the speech, he asked San Francisco Democratic Party chair Aaron Peskin what he should say, and Peskin told him to talk about how there were more salmon in the streams and better overall environmental health back when Brown was governor in the ‘70s.

    But rather than taking that advice and giving a forceful call to strengthen environmental regulation or conjure up California’s better days, Brown meandered around and mused on that and other topics, feeding fears that the 71-year-old candidate might come off as a nostalgic, slightly senile former-Governor Moonbeam rather than an effective agent of needed change.

    “During that period when I was governor, I’m not going to call it the golden age because some people think I’m in the golden age, so I don’t want to get people confused. That’s why I don’t want to talk about way back then, because there are a number of people I can see weren’t even born then, so it gets a little embarrassing and I like to pretend it was just yesterday. But in that period, California created almost twice as many jobs as the nation did. We created jobs at about 24 percent over eight years and the nation grew jobs at 13 percent, so almost twice as much. And then Deukmejian did pretty good, he had about the same, maybe half a percent more,” Brown rambled, ticking off statistics, hedging his point by noting how little governors can really do to create jobs, before working up to a decent line that was flatly delivered: “It was a time when the environment got its biggest boost, as far as public policy.”

    Nobody applauded, so he continued. “I was thinking tonight, I was trying to figure out that if I did announce, what the hell would I say? And so I decided to go back and read my first announcement, January 24, 1974. I was 35 then, it was another time, I’m now a little older than that. But I talked about clean air, I talked about the energy crisis and getting new sources of energy. I talked about statewide land use planning” – that last item drawing some applause – “and I talked about jobs. And I was thinking, wow, we still got a jobs problem, we got an energy problem, we have a land use problem that feeds into the energy problem, and while the air is cleaner in many respects, it’s not clean enough, or it isn’t healthy enough.”

    On substance, Brown had his moments. But even on the need for better statewide land use planning, he went off on a tangent, saying he didn’t even know what that meant when he filled out a Sierra Club questionnaire back in the ‘70s, and he’s not sure how to accomplish it now. 

    “You have to make it easier to live closer to where you work,” Brown said in what of his few lines of the night that drew applause, although he didn’t begin to explain how he might achieve this goal. And on a controversial subject that is easily attacked by the right – big government wants more control over private property – Brown’s lackadaisical discussion of the issue was disconcerting.

    He even rankled a few Sierra Club members by vaguely criticizing East Bay growth controls designed to reduce sprawl, which the Attorney General’s Office is seeking to overturn: “Pleasanton wants to create 50,000 jobs, but they have a housing cap – for all I know, Sierra Club probably supported that housing cap, so I want to just rub your nose in the housing cap for just a minute – the trouble with the housing cap is they want to create all these jobs.”

    Brown tried to argue that allowing more housing in Pleasanton is a strategy for combating global warming because there are jobs there and it would reduce commutes, but he’s going to need to be more on his game than he is right now to win that argument. Instead, we get his fairly dismissive summary of this important issue: “Land use is a big deal, it’s difficult, lots to do on that.”

    Against businesswoman Meg Whitman, the Republican gubernatorial primary frontrunner, there is real potential in Brown’s basic belief that markets need to be regulated and that running the government isn’t just like running a business. And somehow, Brown will need to find a way to better distill and deliver that message to counter the right’s pro-business sound bites. 

    “There are people saying business knows best,” Brown said, meandering off about companies and widgets for a minute before continuing his point. “But when you look at what we really have to deal with, it’s not just about economics and the market. It’s also about ecology and morality, and morality is about customs, it’s about traditions, it’s about our deepest patterns of how we all relate to one another and that can’t just be assimilated into market incentives. The market assumes honesty, you meet your promises, and also assumes there’s a framework, because things can just run off the cliff and that’s exactly what’s happening. As you add more people, you have more cars, and when you have more cars, they burn fossil fuel and what’s happening in California is you have cars reproducing faster than people…That’s the real challenge here, that we’re trying to get the idea out that we’re trying to save the future.”