Gavin Newsom

Measure would make getting a shelter bed easier and more fair

3

More than three years after a Guardian investigation found that San Francisco’s homeless shelter system is an unnecessarily confusing, difficult to navigate, and inequitable boondoggle that routinely denies people use of even vacant shelter beds, voters in November will get a chance to change a system created largely by former Mayor Gavin Newsom’s Care Not Cash program.

Care Not Cash was sold to voters in 2002 as a program that reduced the general assistance payments to homeless individuals in exchange for the city giving them housing and support services. But that housing often turned out to be simply a shelter bed, and after years of city budget cutting closed homeless shelters, nearly half the remaining beds were set aside for Care Not Cash clients whether they used them or not.

So Sup. Jane Kim and four progressive supervisors, working with the Coalition on Homelessness, yesterday approved the creation of a “Fair Shelter” ballot measure to require that Care Not Cash clients get more than simply a shelter bed and that shelter beds be opened up to all who need them on a more equitable and sensible basis.

But Mayor Ed Lee and others who helped create the current system are criticizing the measure and using the same deceptive claims that have masked the problem for years. “Care Not Cash is premised on providing a path to housing and services. That path begins with shelter for those who need it. By removing the shelter system from the available benefits provided to Care Not Cash recipients, we dismantle this path to getting people housed, ultimately undermining the success of this nationally recognized, award-winning program,” Lee said in a statement issued yesterday.

Human Services Agency Director Trent Rhorer, Newsom’s point person in creating the system, told the Chronicle that the measure would threaten Care Not Cash and attract more homeless people to the city by making it easier to get into shelters. He also denied there was a problem, noting that about 100 of the city’s 1,100 shelter beds are vacant each night.

But there’s a gaping contradiction at the heart of Rhorer’s rhetoric, demonstrating that the city’s real intention is to make life as difficult as possible for the homeless in the hopes that they’ll simply leave the city, as Guardian reporters found when they spent a week trying to sleep in the shelters. Vacant beds are only made available late at night, and claiming one often involves long uncertain waits and crosstown run-arounds between where people register and where they might ultimately sleep.

It’s a dehumanizing and deceptive system that COH and the city’s Homeless Shelter Monitoring Committee have long been seeking to change. “The inclusion of shelter in the original ordinance has resulted in an unintended negative consequence of wreaking havoc on the city’s publicly funded shelter system. People with disabilities, seniors, working homeless people and undocumented people have a disadvantage in garnering access to shelter beds under the current system,” Shelter Monitoring Committee Chair LJ Cirilo said in a statement put out by COH, which noted that 43 percent of shelter beds are reserved by Care Not Cash recipients, although they represent only about 14 percent of the city’s homeless population.

Does Newsom lose his seat on the DCCC?

41

Does Gavin Newsom live in San Francisco anymore? No, according to the Chron — and if that’s true, than he’s no longer a member of the San Francisco Democratic County Central Committee. Any constitutional officer who is a member of the Democratic Party is automatically a member of the county commitee in the county where he or she resides; Newsom, of course, never shows up for the meetings, but he gets to send a proxy. (He has two alternatives, John Shanley and Warren Hinckle.) In a letter to Newsom dated June 16, DCCC Chair Aaron Peskin asks Newsom to clarify his residence: “if you are in fact a Marin County resident, you would no longer be a member of the SFDCC and would instead be a member of the Marin Democratic County Central Committee.”

Peskin told me he hasn’t heard back from the Lt. Guv. I haven’t heard back from him or his standard press flak, Peter Ragone, either.

Tribes author burrows into the Big Apple

0

Thanks to the help of burners from at least five different tribes that I’ve covered or camped with at Burning Man, my New York City book tour was a successful adventure in art and community, from the Figment festival on scenic Governors Island to exotic eating and drinking in the East Village and Queens to a great underground party at an old Catholic school in Brooklyn to getting canonized by Rev. Billy and his 25-person choir into the Church of Earthalujah along with SF-based performance artist Guillermo Gómez-Peña.

The June 7-13 trip was in support of The Tribes of Burning Man: How an Experimental City in the Desert is Shaping the New American Counterculture, my book chronicling how an event born in San Francisco has spawned a vast, well-developed culture and ethos that is affecting life in cities around the world, even seemingly impervious megalopolises like the Big Apple.

I arrived on the red eye Wednesday morning just as a heat wave was peaking in New York, showing up mid-morning at the Upper East Side apartment of Jax, a recent transplant from SF who I worked with on last year’s Temple of Flux project. Her air conditioner hadn’t arrived yet, so I sweated through a needed nap before surrendering myself to exploring the city.

That night was my Tribes launch party in a great spot called Casa Mezcal on Orchard Street on the Lower East Side. Fellow Shadyvil campmate Wylie Stecklow had not only arranged the venue, which is owned by one of his law clients, but he moved the weekly Big Apple Burners happy hour and the final planning meeting for Figment (an event he co-founded four years ago) to the venue, giving me a built-in audience of interested burners who seemed to really appreciate my reading and discussion.

Also joining the party were two NYC figures who appear in my book: Not That Dave, Burning Man’s NYC regional contact and a Figment director, and Billy Talen, the former San Francisco performance artist who transformed himself into NYC’s Reverend Billy, pastor of the Church of Stop Shopping, which evolved into the Church of Life After Shopping before becoming the Church of Earthalujah to reflect a mission that expanded from economic justice and anti-consumerism to environmentalism and a holistic way of looking at the perils of our economic system.

As I’ve been doing at some of my Bay Area book events, I read chapters that introduced them and then let them speak, and they each had lively, weird, heart-warming things to say. Several other New Yorkers who I know through Burning Man showed up at the event to join the discussion, wish me well, and buy books. The most surprising guest was Mike Farrah, former Mayor Gavin Newsom’s old right-hand man who did more to facilitate the temporary placement of burner artworks in SF than anyone in City Hall. He now lives in NYC and showed up late, so after talking SF politics and BRC art over beers, we wandered past some of the oldest tenement buildings in the city together as we headed toward the subway.

The city was sweltering the next day (although Jax’s air conditioner had blessedly arrived), so I spent over three hours in the Metropolitan Museum of Art, which makes SF’s museums seem like mere gallery spaces. I walked through Central Park between the reservoir and the Great Lawn, which was being set up for that evening’s Black Eyed Peas concert, all the way to the Upper East Side and my reading at the Columbia University Bookstore (which nobody showed up for, a combination of school being out, the heat, and a freak thunderstorm that was just rolling in as my event began – my first flop after more than a dozen bookstore events).

But New York is a city for nightowls, as I was just beginning to appreciate, particularly after I made my way down to the East Village that night to meet a Garage Mahal campmate who I’ve known for years simply as Manhattan. He’s been living in his apartment for 15 years and the city for 25, developing a detailed knowledge of the best places to eat, drink, and otherwise indulge.

Manhattan won’t go to the Upper East Side, preferring to remain in “civilization,” as he calls the East Village, which earned its storied reputation as the center of the nightlife universe. We ate Japanese curry at Curry Ya, drank hard-to-find German Kolsch beer at Wechsler’s Currywurst, danced with saucy Armenian women on Avenue C, drank cold sake underground at Decibel, indulged in the most decadent fried pork sandwiches at Porchetta, mingled with beautiful young people in the Penny Farthing, and then drank cocktails on his stoop until dawn, the streets never going to sleep in this lively neighborhood.

On Friday in the early afternoon, I met Wylie at The Cube, a public art piece near the 8th Street subway stop, and we hopped a train down to the southern tip of Manhattan to catch the free ferry to Governors Island for the opening day of Figment, an art festival started there by burners in 2007 that has since expanded to Detroit, Boston, and Jackson.

Mayor Michael Bloomberg and other city officials have embraced and facilitated the popular three-day event, which now includes art projects such as a treehouse built of old doors, massive steel sculptures, and an elaborate miniature golf course that will remain on the island through the summer. Most of the projects featured the interactivity that is the hallmark of burner art, such as a sound project in an enclosed courtyard in which passerby had to figure out how they were controlling the sounds they heard.

Wylie and I pedaled on borrowed rental bikes to cover all the projects on a large island that is a decommissioned military base with gorgeous views of the Manhattan and New Jersey skylines. Out on the Picnic Point lawn, with the Statue of Liberty looking on from the bay, the venerable NYC-based Burning Man sound camp Disorient hosted a rocking set of DJs under a massive wooden sculpture that they built for Figment and the playa this year.

Unfortunately, Figment is permitted only as a daytime event that ends at 6 pm, because the energy of the 100-plus organizers and volunteers could have driven this party well into the wee hours. Instead, they all gathered after the event at the 340-year-old White Horse Tavern to discuss the day, celebrate, and share endless ideas for new art projects and ways of measuring and directing all the creative energy that flows through their event and city.

After partying until dawn again, Manhattan and I climbed into his car (yes, a car, in Manhattan, the better to cover more ground, he says) Saturday mid-afternoon, picked up a friend near Wall Street, and crossed the Brooklyn Bridge headed toward Astoria, Queens. There, we drank pitchers of rich Czech beer at the 100-year-old Bohemian Hall and Beer Garden, run by the nonprofit Bohemian Citizens’ Benevolent Society, a fraternal order open only to those with Czech blood. With an outdoor capacity of almost 1,000 people, this place was like my beloved Zeitgeist on steroids.

On the way back to the East Village that night, Manhattan did a sudden U-turn and parked in a bus zone in front of a crowded outdoor eatery called Tavern Kyclades, muttering something about needing octopus and telling us he’d just be a minute. The wait for tables at this amazing Greek seafood spot was 90 minutes, but after less than 10 he was back with a to-go container with three long octopus legs, grilled, tender, and just insanely good.

That night, the plan was to hit an underground party in Brooklyn, thrown in a former Catholic school by Rubulad, a venerable party crew. It was after 1 am when we finally left Manhattan’s apartment for the party, catching the subway at Union Square and arriving to find the party in full swing, with more than a dozen rooms with different offerings: DJ dance parties, avante garde films, a piano bar, live music from a trio that had the beautiful crowd dancing hard and smiling. As the party wound down, I headed to Queens with a new friend and we watched a new day dawn on the Empire State building standing tall in the distance.

Sunday might be a day of rest for some, but not for me, not with the kind of roll I was on. So I caught the last ferry to Governors Island at 3 pm and spent the afternoon at Figment with some other burner friends, Shanthi and Patty, who came back to the East Village with me afterward for my third and final Tribes event: being canonized by Reverend Billy during the Church of Earthalujah’s regular Sunday evening performance at Theatre 80 on St. Marks Place.

I’ve been covering Billy and his crew for years, from their performances in San Francisco’s Castro Theater and other local venues to their film “What Would Jesus Buy?” to their work at Burning Man, including their touching sendoff of burner work crews to the Gulf Coast in 2005 to do cleanup and rebuilding work after Hurricane Katrina, an effort that became Burners Without Borders.

As I write in my book, Billy and his choir of several dozen were transformed by Burning Man, and they have returned that embrace of a culture that magnifies and perpetuates their values. And after being called from the audience and walking toward the stage during a rousing rendition of the “When the Saints Go Marching In,” I was warmly embraced by the entire 25-member chorus – actually, it was probably closer to a group grope – and I became Saint Scribe.

And after that, it’s all a bit of a blur, and a vibrant, decadent, Big Apple blur. Thanks, everyone, for a truly memorable trip.

Daly: SFBG profiled the wrong guy

88

When I interviewed Chris Daly for this week’s cover story on David Chiu and the political realignment at City Hall, Daly said we were putting the wrong guy on the cover.

“If the story is about political realignment, it’s about David Ho,” Daly told me of the political consultant who once worked on his and other progressive campaigns, but who helped engineer a split in the progressive movement with the help of consultant Enrique Pearce and District 3 Sup. Jane Kim, whose campaign they worked on together last year, beating early progressive favorite Debra Walker.

Daly said the political realignment that has taken place at City Hall has more to do with Kim and Ho – in collusion with former Mayor Willie Brown, Chinatown Chamber head Rose Pak, and Tenderloin power broker Randy Shaw – than it does with Chiu, who Daly considers simply a pawn in someone else’s game. Ho is seeking to be Pak’s successor as Chinatown political boss, and he and Pearce have been out there doing the ground work Pak’s effort to convince Lee to remain mayor.

“Any realignment that exists is about David Ho and I think it has more to do with the District 6 race than the District 3 race,” Daly said. “As far as David Chiu and realignment, they are separate things.”

While Ho and Pearce have traditionally worked on progressive campaigns – particularly in high-profile contests like this year’s mayor’s race, where John Avalos is the clear progressive favorite – they are now some of the strongest behind-the-scenes backers of the campaign to convince Ed Lee to run. Neither Ho nor Pearce returned our calls for comment.

“That’s the whole realignment,” Daly said, explaining that it was the peeling of entities like Chinatown Community Development Corporation and the Tenderloin Housing Clinic away from the progressive coalition of the last decade that has cast progressive supervisors into the wilderness and empowered Chiu and Kim, who in turn brought Lee to power.

“It’s not a seismic realignment, it’s a minor realignment, it just happens to be who’s in power,” Daly said. “It was a minor political shift that caused a big change at City Hall.”

Power has now consolidated around Mayor Lee, as well as those who convinced Chiu to put him there, including the powerful players who helped elect Kim. “These people, as far I can tell, have disowned Chiu,” Daly said. “He did what they wanted but he failed the loyalty test in the process.”

Chiu has so quickly fallen from favor that even Planning Commission President Christina Olague, who spoke at Chiu’s campaign launch event on the steps of City Hall just two months ago, is now one of the co-chairs of a committee pushing Lee to run, along with others connected to CCDC and the Pak/Brown power center.

Kim has also notably withheld her mayoral endorsement. She tells us that she’s waiting until after budget season, but the real reason is likely to wait and see whether Lee gets into the race. Daly said this new political power center has been playing the long game, starting with supporting Chiu back in 2008.

“Peskin kind of brought him up, and then I – tactically or a strategic blunder – I made the mistake of not bringing someone up,” Daly said, insisting that he’s always questioned Chiu’s political loyalties. “I had doubts from the beginning. Ultimately, it was Jane Kim and David Ho who tag teamed me and got me on board.”

Daly said Chui’s last-minute move to cross his progressive colleagues and back Lee for mayor “irreparably harmed him with progressives,” while doing little to win over a new political base. “He miscalculated the damage it would do to him,” Daly said.

Chiu’s dependability was also called into question when he was openly considering a deal with Gavin Newsom to be named district attorney, which would have allowed Newsom to appoint his replacement in D3, a move that he didn’t check with Pak.

“He gave control of his political base to someone else,” Avalos told us, offering that if Chiu was going to be so narrowly ambitious then he should have taken Newsom’s offer to become district attorney.

Even those around Chiu have emphasized his independence from Pak, who has desperately been looking for someone she could count on to back and prevent Leland Yee from winning the mayor’s office. And if Lee doesn’t run, sources say she’s likely to back another political veteran such as Dennis Herrera or Michela Alioto-Pier.

But given how deftly Ho and his allies have grabbed power at City Hall, I’d say they have a pretty good chance of convincing Lee to run, despite the mayor’s resistance. And if Lee runs, Daly, USF Professor Corey Cook, and others we interviewed say he would probably win.

Tipping point

3

sarah@sfbg.com

On June 14, members of the Board of Supervisors will vote to appoint a new member of the Police Commission — in the wake of a messy string of alleged police misconduct scandals that, progressives argue, underscore why having strong civilian oversight is critical to ensuring a transparent, accountable police department the public can trust.

The appointment comes less than two months after San Francisco native Greg Suhr was sworn in as chief in the wake of Mayor Gavin Newsom’s decision to appoint former Chief George Gascón as the next district attorney — a move that has served to muddy the D.A. Office’s efforts to investigate the alleged police misconduct.

Further complicating the board’s choice is the heated battle that erupted over the appointment, led in part by members of two Democratic clubs that represent lesbian, gay, bisexual, and transgender communities.

The Alice B. Toklas LGBT Democratic Club has officially endorsed Julius Turman, a gay attorney and community activist who was a former assistant U.S. attorney and the first African American president of the Alice club. Turman currently works for Morgan, Lewis & Bockius, where he represents companies in actions for wrongful termination, employment discrimination, and unfair competition. He is also state Sen. Mark Leno’s (D-SF) proxy to the San Francisco Democratic County Central Committee and serves on the Human Rights Commission.

On the other side, members of the Harvey Milk LGBT Democratic Club, the voice of the city’s queer left, are supporting David Waggoner, an attorney and community activist who is a former Milk Club president. Waggoner has worked on police use-of-force policy and as a pro bono attorney for the National Lawyers Guild at the Oakland Citizen’s Police Review Board, and been a passionate advocate for the LGBT community, immigrants’ rights, people with disabilities, and the homeless.

The other two applicants for the post are Vanessa Jackson, a staffer at a women’s shelter with experience in counseling ex-offenders; and Phillip Hogan, a former police officer who serves on the board of the Nob Hill Association and has been trying to get on a commission for years.

Although both Jackson and Hogan have diverse experience with law enforcement — Jackson as an African American woman who claims the police have “no respect for people of color” and Hogan as a former police officer of Lebanese-Irish descent who manages real estate — neither has the support of the LGBT community. The position occupied by Deputy District Attorney James Hammer for the last two years, and Human Rights Commission director Theresa Sparks occupied before that, is widely considered to be an LGBT seat.

 

WHO’S THE REFORMER?

So now the fight is about whether Turman or Waggoner would be the strongest reformer.

In a recent open letter, former Board Presidents Harry Britt, Aaron Peskin. and Matt Gonzalez expressed support for Waggoner. “While most hardworking police officers perform their jobs admirably, insufficient oversight and poor management systems have led to significant problems,” their letter stated. “Despite these widely reported problems, the Police Commission has failed to adequately address these issues. San Francisco needs real reform, not more of the same. We believe David Waggoner will be that voice at this critical time.”

At the June 2 Rules Committee hearing, Waggoner proposed taking away master keys to single-resident occupancy (SRO) hotels from the police. “Significant abuse of that resulted in seriously tarnishing the department,” he said.

Turman made an equally impassioned — if less stridently reformist-sounding — speech. “Why would we allow an officer to enter a home, regardless of the master key rule, which I’m not a fan of?” Turman asked. He also said Tasers are dangerous weapons with unintended consequences. “I fear communities of color will suffer more from Taser use.”

Waggoner’s supporters noted that their candidate has more than 15 years of police accountability experience. Turman’s supporters vouched for his integrity, maturity, ability to build consensus, and “belief in strategically serving his community.”

In the end, Sups. Sean Elsbernd and Mark Farrell voted for Turman, while Rules Committee Chair Sup. Jane Kim voted for Waggoner.

That means Turman’s name has been forwarded to the full board with a recommendation. But because the Rules Committee interviewed all the candidates, the board can still appoint any of them.

At the Rules Committee, Sup. Scott Wiener voiced support for Turman. And Board President David Chiu recently told the Guardian that he has known Turman for years, has worked with him professionally, and will vote for him. “I found him to be fair, thoughtful, and compassionate,” Chiu said, noting that he believes the role of the commission is “to provide oversight and set policy.”

Sup. David Campos, one of the solid progressive votes on the board and a longtime Milk Club member, believes Waggoner would make an excellent commissioner but is a friend of Turman, and believes he’ll be a strong voice for reform. “Sean [Elsbernd] and Mark [Farrell] could be in for a big surprise if Julius gets appointed,” Campos mused shortly after Elsbernd and Farrell voted for Turman.

Campos recalled how he and Turman started working at the same firm years ago. “So I got to know him well,” he said, adding he is “like a family member.

“By virtue of his involvement with Alice, some folks think Julius will be a certain way,” Campos added. “But I believe he’ll take a progressive point of view on the issues. He has both the knowledge and the experience with the police, he understand the important role that police oversight and the Police Commission play in making the SFPD accountable.”

Kim told us that she primarily voted for Waggoner because she knows him the best, and not out of concern that Turman wouldn’t do a good job. “I’m more familiar with David and that’s what tipped the scale,” Kim said. “It’s great to have two strong LGBT attorneys who have a clear understanding of public safety issues, the law, and are advocates for the community.”

But Debra Walker, who ran against Kim last November, steadfastly supports Waggoner. “Julius has been active in the Alice B. Toklas club for a while, he’s a prosecutor, while David is more of a citizen’s defense attorney,” she said.

Turman continues to be dogged by reports of domestic violence, thanks to a lawsuit that Turman’s former domestic partner Philip Horne filed in March 2006 alleging that Turman came into his house when he was sleeping on New Year’s Day 2006 and tried to strangle him.

Horne claimed he “was terrified that the lack of air supply would cause him to pass out and potentially die at the hands of such a jealous and unmerciful former lover.” He alleged he was able to calm Turman down only to see him get enraged again and punch Horne in the face seven to 10 times. When Horne decided he needed to go to the emergency room, the complaint states, Turman grabbed his phone and keys saying, “If you leave, you’ll never see the cats (alive) again,” and “I will report you to the state bar.”

Horne claimed he ran outside screaming for help and that when SFPD arrived, they arrested Turman for domestic violence and called an ambulance for Horne.

Turman responded in July 2006 to what he described as Horne’s “unverified complaint,” arguing he acted in “self-defense” and that the conduct Horne complained of “constituted mutual combat.” He added that “damages, if any, suffered by Horne were caused in whole or in part by entities or persons other than Turman.”

In the end, no criminal charges were ever filed against Turman and the case was settled out of court. Turman now says “I’ve done nothing wrong and these allegations are false.”

Campos warns people not to jump to conclusions. “We need to remember that there is a presumption of innocence,” Campos said. “Yes, there was a court case, but there was never a conviction. Yes, there was a settlement, but people do that for a lot of reasons.”

Turman told the Rules Committee that the incident was from “an extremely difficult time that is now being used against me as a political sideshow.”

Meanwhile, Campos notes that without a reform-minded mayor, there will be only so much any board-appointed police commissioners can do. “What we really need to implement police reform is a mayor who is willing to do that,” he said. “Otherwise it’s going to be very difficult because the mayor still gets to appoint four commissioners and mayor still gets to control who is in charge of the police department.”

 

WHAT DIRECTION?

Civil liberties advocates praised as a “first step in the right direction” Suhr’s May 18 decision to issue an order clarifying that SFPD officers assigned to the FBI’s joint terrorism taskforce should adhere to SFPD policies and procedures set by the Police Commission, not FBI guidelines.

But in the coming months, the commission will have to decide whether to push a Portland-style resolution around SFPD involvement with the FBI. The commission also will be dealing with fallout from the other scandals, including the crime lab, the use of force against mentally ill suspects, and videos that allegedly show police conducting warrantless search and seizure raids in single residential occupancy hotels.

These scandals have progressives arguing that it’s critical that the board’s three seats on the commission are occupied by applicants with proven track records of reform.

Waggoner notes that in 2003, voters approved Prop. H., which changed the composition of the commission from five to seven members. Four are appointed by the mayor; three by the board.

Last year, he said, the commission made significant progress in the right direction when it adopted new rules after the Jan. 2 shooting of a man in a wheelchair in SoMa. “That was not the first time an unarmed person with a disability was killed,” he said. “After Prop. H and a crisis, the commission finally took steps. It remains to be seen if Chief Suhr will implement that.”

Waggonner said the current arrangement “creates tension between people who are more willing to defer to the chief on policy issues and being in an advisory capacity, as opposed to people who want to be in the forefront of setting policy.”

That tension played out when Commissioners James Hammer, Angela Chan, and Petra DeJesus tried to find consensus on the Taser controversy last year. “Overall they worked well together. But there’s been no progress yet on Tasers,” he said, noting that the commission eventually decided on a pilot project.

Waggoner said he would be in favor of the commission having a more active role and exerting its authority under the city charter to set policy, but in collaboration with the chief.

The Police Commission’s May 18 joint hearing with the Human Rights Commission about FBI spying concerns was a symbol of the broader issue at the Police Commission. The majority of the commission didn’t see any major problems — but the progressives were highly critical. “Is the commission there to set policy and take leadership, or is it there in an advisory capacity?” Waggoner asked.

With Hammer’s departure, Chan and DeJesus, both board-appointed women of color, are the most progressive members of the commission. Chan hopes Hammer’s replacement believes in strong civilian oversight. “We should never be a rubber stamp for the police department,” he said. “We need to take community concerns very seriously. When the police department is doing great things, we should support them — but if we see something wrong, we should not be afraid to speak out.”

Turman told the Guardian that “being the voice for reform and advising are not mutually exclusive roles — and an effective police commissioner needs to be both.

“I would advocate for series of meetings with representatives from the Arab community, the SFPD, and the FBI to increase communication and understanding of each side’s perspective on exactly what we need to implement in San Francisco,” Turman said.

Asked more about Tasers, Turman said that “one of the things I would be interested in pursuing is a recognition by some that female officers are less likely to incapacitate during an arrest, which could lead to learning for the larger police force.”

But does this means Turman will turn out to be a swing vote for Tasers? Only time — and the board’s June 14 vote — will tell.

Behind the all-smiles budget

2

news@sfbg.com

When Mayor Ed Lee released his 2011-12 budget proposal June 1, all was sweetness and light at City Hall.

The mayor delivered the document in person, to the supervisors, in the board chambers. Sup. Carmen Chu, chair of the Budget Committee, was standing to the mayor’s right. Board President David Chiu was to his left. There was none of the imperious attitude we’d come to expect in the Gavin Newsom era — and little of the typical hostility from the board.

As Sup. David Campos, who was elected in November 2008, remarked afterward: “It’s the first time since I’ve been elected that the mayor has taken the time to come to chambers. It’s reflective of how this has been a lot more of an inclusionary process.”

Lee went even further. “This is a pretty happy time,” he said. “There are no layoffs, and instead of closing libraries we’ll be opening them.” That earned him an ovation from assembled city leaders, including mayoral candidates City Attorney Dennis Herrera and Assessor-Recorder Phil Ting along with District Attorney George Gascón. “I think this budget represents a lot of hope.”

It’s true that this year’s cuts won’t be as bad as the cuts over the past five years. It’s also true that the pain is spread a bit more — the police and fire departments, which Newsom, always the ambitious politician, wouldn’t touch, are taking their share of cuts.

But before everybody stands up and holds hands and sings “Kumbaya,” there’s some important perspective that’s missing here.

Over the past half-decade, San Francisco has cut roughly $1 billion out of General Fund spending. The Department of Public Health has eliminated three- quarters of the acute mental health beds. Six homeless resource centers have closed. The waiting list for a homeless family seeking shelter is between six and nine months. Muni service has been reduced and fares have been raised. Recreation centers have been closed. Library hours have been reduced.

In other words, services for the poor and middle class have been slashed below acceptable levels, year after year — and Mayor Lee’s budget doesn’t even begin to restore any of those cuts.

“We’re not ready yet to restore old cuts,” Lee told the Guardian in a June 2 interview. “It was enough for us to accomplish a pretty steady course and keep as much. Particularly with the critical nonprofits that provide services to seniors and youth and homeless shelters, we kept them as close as we could to what last year’s funding was.”

But the current level of funding is woefully inadequate. As Debbi Lerman, administrator of the Human Services Network, noted, the people who work in the nonprofits Lee was talking about haven’t had a pay raise in four years — even though the cost of living continues to rise. “Our costs have gone up with cost of inflation,” she noted.

She said the cuts over the past few years have deeply eroded services for children, homeless people, substance abuse programs, and others. “There have been significant cuts to every area of health and human services.”

And in a city with 14 billionaires and thousands more very wealthy people, Lee’s budget is distinctly lacking in significant new ways to find revenue.

 

THE GOOD NEWS

Just about everyone agrees that the budget process this year has been far better than anything anyone experienced under Newsom. “He [Mayor Lee] listened to everybody,” Lerman said. “That doesn’t mean they fixed everything. Mayor Lee fixed as much as he could.”

At his press conference announcing the release of the budget, Lee thanked Police Chief Greg Suhr for having already made significant cuts through management restructuring and for considering an additional proposed cut of $20 million.

“We want to thank you for that great sacrifice,” Lee said, addressing Suhr, who sat in front row of public benches, dressed in uniform. Lee next acknowledged that adequate funding for social services also helps public safety. “Without those services, officers on the street would have a harder job,” he said.

Lee also praised the departments of Public Health and Human Services for helping to identify $39 million in federal dollars and $16 million in state dollars, to help keep services open and the city safer.

Lee noted that San Francisco no longer has a one-year budget process and has just released its first five-year financial plan as part of its decision to go in five-year planning cycles.

“To address this, I’ve asked for shared sacrifice, ” Lee continued, adding that he recently released his long-awaited pension reform charter amendment, emphasizing that it was built through a consensus and collaborative-based approach.

Lee also said he would consider asking voters to approve what he called “a recovery sales tax” in November if Gov. Jerry Brown is unable to extend the state’s sales tax. That would bring in $60 million — but it is only on the table as a way to backfill further state budget cuts.

Lee observed that San Francisco is growing, the economy is looking brighter, and unemployment is down from more than 10 percent last January to 8.5 percent today. He plugged the America’s Cup, the city’s local hire legislation, the Department of Public Works’ apprenticeship programs, and tourism, both in terms of earmarking funding in the budget for these programs and their potential to boost city revenues.

He said his budget proposed $308 million in infrastructure investments that include enhanced disability access, rebuilding jails, and energy efficiency, and is proposing a $248 million General Obligation bond for the November ballot to reduce the street repair backlog.

“We will get these streets repaired,” he promised.

“This submission of a budget is not an end at all, it’s the beginning of the process,” he continued, going on to recognize Chu for her work getting the process rolling and thanking Budget Analyst Harvey Rose in advance. “I do know his cooperation is critical.”

And he concluded by thanking each of the supervisors. “I will continue enjoying working with you — we need to keep the city family tight and together.”

The sentiment was welcomed by supervisors. “As he said, this is the beginning of the process, and it’s an important and symbolic step” Campos said. “The budget shows that a lot of good programs have been saved. But there is still work to do.

“There are still gaps in the safety network,” he added, singling out cuts to violence-prevention programs. “It’s my hope they will be restored.”

 

THE BAD NEWS

But even if the cuts for this year are restored, the city budget is nowhere near where it ought to be. “We still had to make cuts,” Lee acknowledged.

“We did consider very seriously a whole host of revenue ideas that we had,” he said. “They were not off the agenda at all.” At the same time, he noted that state law requires a two-thirds vote for new taxes (although that threshold drops to 50 percent in presidential election years). “We decided that it’s not that they were bad ideas, but that we wouldn’t be able to sell them at this time.”

Lee praised some of the revenue ideas that have been suggested in the past year, including the alcoholic beverage fee proposal by Sup. John Avalos, which Lee called “a pretty good idea.” He said that “a year or two from now” an additional sales tax and a parcel tax (for the police or for schools and open space) might be on the agenda.

The city now has a multiyear budget process and projections are supposed to go beyond a single year. But what’s missing — and what nobody is talking about — is a long-term plan to restore critical city services to a sustainable level. That means talking — now — about tax proposals for 2012 and beyond and including those revenue streams in long-term budget planning.

Because the city parks, the public health system, the libraries, the schools, affordable housing programs, and the social safety net are in terrible condition today, the result of year after year of all-cuts budgets. And while the supervisors and the mayor wrangle over the final details, and advocates try to win back a few dollars here and a few dollars there, it’s important to recognize that this budget does nothing to fix the damage.

“We’re about $10 million short of what we need right now to keep service providers at current levels,” noted Jennifer Freidenbach, who runs the Coalition on Homelessness. “But we also need to restore the health and human services system that was slaughtered under Gavin Newsom.”

Sneaky campaign to draft Lee sullies political environment

92

At a time when City Hall is taking on several important issues – from the budget and pension reform to massive projects such CPMC’s mega hospital and housing project and the redevelopment of Parkmerced and Treasure Island – an ambitious cabal of political operators bent of convincing Mayor Ed Lee to break his word and run for office is poisoning the environment under the dome.

A series of unfolding events over the last week makes it clear that Sup. Jane Kim’s campaign team – political consultants Enrique Pearce and David Ho, Tenderloin shot-caller Randy Shaw, and their political benefactors Willie Brown and Rose Pak – are orchestrating another campaign to convince Lee to run for office, apparently abandoning the mayoral campaign of Board President David Chiu.

The Bay Citizen reported that Pearce was pursuing creation of a mayoral campaign that Lee could simply step into, while blogger Michael Petrelis caught Pearce creating fake signs of a grassroots groundswell for Lee over the weekend. That effort joins another one by the Chronicle and a couple of downtown politicos to create the appearance of popular demand for Lee to run despite a large field of well-qualified mayoral candidates representing a wide variety of constituencies.

And then today, Shaw joined the effort with a post in his Beyond Chron blog that posed as political analysis, praising the John Avalos campaign – an obvious effort to ingratiate himself to the progressive movement that Shaw alienated by aggressively pushing the Twitter tax break deal and Kim’s candidacy – while trying to torpedo the other mayoral campaigns, calling for Lee to run, and offering a logic-tortured take on why the public wouldn’t care if Lee breaks his word.

Pearce and Ho – who sources say have been aggressively trying to drum up support for Lee in private meetings around town over the last couple weeks – didn’t return our calls. Kim, who is close to both Chiu and Avalos, told us she is withholding her mayoral endorsement until after the budget season – which, probably not coincidentally, is when Lee would get into the race if he runs.

Fog City Journal owner Luke Thomas, who Petrelis caught taking photos for Pearce over the weekend – told us Pearce’s Left Coast Communications, “hired me in my capacity as a professional photographer to take photographs of people holding ‘Run Ed Run!’ signs and should not be construed as an endorsement of the effort to draft Ed Lee into the mayor’s race.”

In an interview with the Guardian last week, Lee reiterated his pledge not to run for mayor – which was the basis for his appointment as a caretaker mayor to finish the last year of Gavin Newsom’s term – but acknowledged that Pak and others have been actively trying to convince him to run. Pak has an open disdain for candidate Leland Yee and fears his ascension to Room 200 would end the strong influence that Pak and Brown have over the Mayor’s Office and various department heads.

“I am not running. I’ve told people that. Obviously, there is a group of good friends and people who would be happy for me to make a different decision, so they’re going to use their time trying to persuade me. I’ve told them I’m not interested and I have my personal reasons for doing that but they’re not convinced that someone who has held this office for five months and not fallen into a deep abyss would not want to be in this office and run for mayor. I’ve been honest with people that I’m not a politician. I’ve never really run for office nor have I ever indicated to people that I’d like to run for mayor of San Francisco. That’s just not in my nature so it’s been a discussion that is very foreign to me that has been very distracting for me in many ways because I set myself a pretty aggressive piece of work that this office has to get to. The way I do it is very intensely. I do meet a lot of people and seek their input before I made a decision,” Lee told us.

Even Sup. Sean Elsbernd, who nominated Lee for mayor, told the Chronicle that he doesn’t support the effort to pressure Lee into running and he feels like it could hurt sensitive efforts to craft compromises on the budget and pension reform. When asked by the Guardian whether he would categorically rule out a run for mayor, Lee told us he would.

“I’ve been very adamant about that yet my friends will still come up to me and they’ll spend half their time talking to me about it. And I say thank you, I’m glad you’re not calling me a bum and trying to kick me out,” Lee told us, noting that Pak – a longtime ally who helped engineer the deal to get Lee into office, for which Chiu was the swing vote, parting from his five one-time progressive supervisorial allies in the process – has been one of the more vociferous advocates on him running.

Asked whether there are any conditions under which he might change his mind, Lee told us, “If every one of the current supervisors in office asked me to run and those supervisors who are running voluntarily dropped out.” But Avalos says he’s committed to remain in the race, and his campaign has been endorsed by three other progressive supervisors.

A different Mayor’s Office

10

A group of Guardian reporters and editors met with Mayor Ed Lee June 2, and while the mayor and I don’t agree on everything, I have to say: It was refreshing.


Refreshing because the mayor has a sense of humor and doesn’t act like an infallible monarch. Refreshing because his office looks like, well, a working office. Refreshing because he smiled, was polite and never said “I dispute the premise of your question.”


What a difference.


Under Willie Brown, the mayor’s office was an imperial sanctum. If His Royal Williness deigned to favor one of his servants or subjects with the boon of a royal visit, you were expected to crawl on your hands and knees and kiss the floor. 


When Gavin Newsom was the occupant, the place was a cross between a museum and an Architectural Digest showplace — not a scrap of paper on the desk, every hair perfectly in place, the Robert Kennedy pictures and books lined up perfectly for the visitor to admire.


Both mayors treated the press with hostility. Both expected to be treated as potentates. The mayor was better than you and I — and you needed to understand that right away, or risk disdain and dimissal.


Ed Lee isn’t doing what I want with the budget. He’s not talking about raising taxes on the rich. He’s probably going to go along with ParkMerced and maybe even Treasure Island. He signed the Twitter tax break. I worry (a lot) about his ties to past corrupt regimes.


But he’s happy to have reporters in his office. He’s got stacks of reports on his desk and a notepad that suggests he’s actually reading them. He showed us his private “man cave” in the back, and offered us walnuts. He’s not always right on policy, and I don’t think he should run in the fall … but he’s not a jerk. And given the recent history of San Francisco mayors, that’s pretty radical.


  

HANC gets a new eviction notice

The City and County of San Francisco voluntarily dismissed an eviction notice it had issued to the Haight Ashbury Neighborhood Council Recycling Center, but then the Recreation & Parks Department promptly sent a new one with a deadline of June 30.

The HANC recycling center and native plant nursery has continued operating in Golden Gate Park’s Kezar Triangle despite an effort initiated last year under former Mayor Gavin Newsom to evict the facility. The recycling center, which also offers compost for urban gardeners and a place to drop off used veggie oil, has been in Golden Gate Park for decades and has formed partnerships with community gardening projects throughout the city.

Rec & Park started making plans to replace it with a community garden last year amid concerns about “quality of life” issues. Some neighbors were bothered by recyclers filling up shopping carts with containers plucked from their sidewalk recycling bins, to trade in for small amounts of cash. Members of HANC, meanwhile, saw the eviction as political payback from Newsom, who encountered stiff opposition from the progressive neighborhood group when he led the charge to place San Francisco’s sit / lie ordinance on the ballot. 

The request for dismissal, filed May 26 in San Francisco Superior Court and signed by Attorney David Ammons in the office of City Attorney Dennis Herrera, doesn’t provide a clear reason for the move. But Robert De Vries, HANC’s attorney, said the tactic was likely meant to avert legal entanglement by dissolving the first, and more legally problematic, attempt at eviction and replacing it with a new one that may be harder to challenge in court. In a letter to Rec & Park commissioners dated Dec. 2, 2010, De Vries wrote that the first eviction notice was illegal under the structure of the lease that HANC had signed with the city, and asserted that HANC could legally possess the property until June 30, 2011.

Because the dismissal of the first eviction was done “without prejudice,” there was nothing preventing Rec & Park from issuing a new eviction notice, which it did the same day. Rec & Park did not respond to an email seeking comment.

“Your attorney has argued in court that the notice was not effective to terminate the lease,” notes a May 26 letter from Rec & Park General Manager Phil Ginsburg. “While we continue to believe that we gave you more than adequate notice of the Lease termination and to disagree with the assertion that the Lease has continued on a year-to-year basis, to avoid that dispute, we are superseding the earlier notice with this one.”

HANC’s Jim Rhoads told the Guardian that he wasn’t very surprised by Rec & Park’s latest move. “We knew this would happen,” he said. “We’re going to meet with our lawyers, and decide on the legal front what we do next.”

De Vries said he could not discuss all the possible legal angles that HANC could use to try and fight the eviction, but he hinted that the eviction could be considered retaliatory. “This … termination was initiated under Newsom as payback for my client [for opposing] sit / lie,” he said.

Not in our neighborhood

6

news@sfbg.com

San Francisco faces an enormous shortage of affordable housing for young people at risk of homelessness, but a pair of projects intended to address the issue are under fire from neighborhood activists in supervisorial District 2, home to the city’s wealthiest residents.

The proposed conversion of the defunct Edward II Hotel and the major overhaul at the Booker T. Washington Community Service Center (BTWCSC) could create a combined 74 units of affordable housing for vulnerable youth, complete with services and support systems to help young people coming from foster or homeless families.

“We are building houses for young people who are getting their start in life,” said Julian Davis, president of the board of BTWCSC. “There was a great need for foster youth housing that has been studied ad nauseam … Our center wanted to contribute.”

But both projects have run into strong neighborhood opposition that appears to have turned D2 Sup. Mark Farrell against the projects as proposed, despite initial support for the BTWCSC project by both Farrell and his predecessor, Michela Alioto-Pier. Farrell’s approach has frustrated project opponents and caused the representative of a neighboring district, Sup. Ross Mirkarimi, to sponsor the project.

“The project emanated from Michela Alioto-Pier and she supported the original project, which is why I joined her in support and it initially appeared that Sup. Farrell was joining that support,” Mirkarimi told us, noting that he is continuing to champion the project because it borders his district and because “the Booker T center has a long reach and serves clients from throughout city.”

After hearing from constituents concerned about parking, the size of the five-story building that is proposed, and other issues, Farrell dropped his sponsorship of the project and submitted alternative legislation that cut the building to four stories, presenting it to project proponents without their input as a take-it-or-leave-it proposal.

“The thing I find most puzzling about this is the lack of communication with me personally,” BTWCSC Executive Director Pat Scott said of Farrell, noting how helpful Alioto-Pier and Farrell’s staff had been before opponents convinced him to drop his support for the project. “I was a little taken aback, quite frankly. I would just assume that he’d talk to me.

But Farrell said he was simply trying to heed neighborhood concerns and craft a compromise that would get neighbors to drop their lawsuit threats and appeal of the Planning Commission’s 6-1 vote to approve the project. “I can’t control what happened in the past, I’m only here to make sure everyone is happy now,” Farrell told us. “I absolutely support the project, I think the community center is great … We’re arguing over a story.”

Yet Scott noted that project proponents already had compromised on a project that was initially proposed for eight stories, and she said that even at five stories, it isn’t coming anywhere near what the city actually needs. So while Farrell casts it as a fight over one story, Scott said, “10 units is a big thing in a city that has nothing for these kids.”

That need was outlined in a 2007 report by the Mayor’s Transitional Youth Task Force. The group of city officials and nonprofit providers, convened by then-Mayor Gavin Newsom, studied issues affecting at-risk youth between the ages 16 and 24 and one of the major needs identified was housing.

A follow-up study found that 4,500 to 6,800 young people are “homeless or marginally housed each year.” The citywide affordable housing stock for this population sat at meager 314 units at the time.

“We are not doing a good enough job as a city and as a state [to help at-risk youth],” Davis said. “Once they leave the foster care system, there is very little support for them.”

The report called for 400 new affordable housing units for this population to be completed or under construction by 2012. Edward II and BTWCSC are located in the Marina and the Western Addition, respectively, in proximity to affluent neighborhoods in a district with a dearth of affordable housing.

“With supportive housing [going] into neighborhoods that never had affordable housing, there is a certain unknown and it makes people uncomfortable,” said Gail Gilman, Executive Director of Community Housing Partnership, which owns and manages the Edward II project.

Patricia Vaughey, a resident of the Marina-Cow Hollow area since 1976, is perhaps the most vocal critic of the project. She has used the neighborhood associations and every other city forum she can find as platforms to lambaste the plans. “It just kills my soul to see this project,” she told us, voicing a variety of concerns about how the project would be managed. “I am so worried about the kids … We are asking for the best program in the country and we are not getting it.”

Yet Gilman said that considerable energy and many resources have been invested in designing Edward II and that she trusts Larkin Street Youth Service, a respected nonprofit agency, to do the programming. “We chose to partner with Larkin Street because they are the experts in this area,” she said.

Vaughey characterized the stretch of Lombard Street between Divisadero and Van Ness streets, where Edward II will be located, as marred by crime and prostitution and unsuitable for this project. “We have a little Tenderloin down here,” she said.

Gilman disputed that characterization and said the building was chosen after an extensive search and that it met the criteria of having the right sized building in a safe neighborhood with good access to public transit and open space.

But many residents have expressed concern over the pending change to zoning for the building. And if the BTWCSC project couldn’t win Farrell’s support, the Edward II project faces an even more uphill battle because Farrell told us, “There’s an even stronger level of neighborhood concern over that project…. It’s going to be a tough hill to climb.”

The contentious issue under review by the Planning Department is an application to expand the density limit from 16 units to 24.

John Miller, president of the Marina Community Association, said that “from a neighborhood dynamic perspective,” a change to density is problematic. He said changing the density for one building is a slippery slope that could hurt the entire neighborhood. “Higher density is inconsistent with the neighborhood. It could work beautifully at lower density.”

Miller said potential renters in the vicinity would be concerned with “loitering that could occur when people are coming and going … With so many people there is no sense of community”

Yet as with BTWCSC, proponents say simply slashing the project to a smaller size would kill it because then it wouldn’t pencil out financially. Making an issue of density is therefore obstruction of the project because compromise cannot be reached on the issue.

Farrell, a venture capitalist, said he ran the numbers on BTWCSC and believes it would still be a viable project at four stories if the Mayor’s Office of Housing is able to offer some unspecified assistance, as he said the officials there have pledged to him they would. “I know we need more affordable housing,” Farrell said, rejecting suggestions that D2 residents tend to oppose all affordable housing projects. “I don’t think that should be a part of this conversation.”

Farrell criticized the outreach done by Edward II proponents, telling us, “I don’t think it was done in a tactful way.” But Miller said a recent meeting with Gilman and others was positive. “It was an effort on their part to respond to the neighborhood concerns as best they can,” Miller said.

“We are confident we can partner with the community in a proactive way to address the concerns that are addressable,” Gilman said. “If we diligently work with the community, we can have positive project.”

Edward II is on track to come before the Planning Commission in mid-July, while the appeal of the BTWCSC project is scheduled to be heard by the Board of Supervisors Land Use Committee on June 6 at 1 p.m. Neither Mirkarimi nor Farrell offered predictions, but both said the issue of whether the project should be four or five stories will likely be a key part of the discussion.

“Coming through the process has made me super supportive of all plans for transition age housing. I was already a supporter but this made me a fervent supporter,” Scott said. “The amount of opposition by people who don’t care what happens to our children — it makes you want to fight.”

Shaking the city

0

arts@sfbg.com

LIT Activist, writer, and fast-talking leftist public intellectual Chris Carlsson, cofounder of the monthly bike happening Critical Mass, spearheads the online local history repository Shaping San Francisco. I recently spoke with Carlsson about Shaping SF and his associated projects, including three collections of cultural and political essays published by City Lights Books, the most recent of which, Ten Years that Shook the City: San Francisco 1968-1978, will be released June 15.

Carlsson began work on Shaping SF — a multimedia digital history project — in 1994 with co-conspirators from his often hilarious dissident magazine Processed World.

Reclaiming San Francisco: History , Politics, Culture, edited by James Brook, Carlsson, and Nancy Peters, was published in conjunction with the first CD and kiosk release of Shaping SF in early 1998. The collection of essays sets the tone for what would become, in Carlsson’s words, “an ongoing series of contrarian history anthologies about San Francisco.”

The second book in the series, The Political Edge (2004), examines cultural and political dynamics behind the popular mobilization to elect Green Party candidate Matt Gonzalez, a surprisingly close mayoral race that Gavin Newsom won in part with massive support from the San Francisco Chronicle and the national Democratic Party.

Carlsson says Ten Years that Shook the City continues his work “to counter our amnesiac culture.” More specifically, the book takes on the argument that the 1960s were filled with experiments that didn’t work out. Carlsson told me that evidence to the contrary “has systematically been flushed down the toilet” by mainstream commentators.

The book begins with a remembrance of the 1968 San Francisco State College strike, but in his introduction Carlsson writes: “From today’s organic food and community gardening movements to environmental justice, gay rights, and other social identity movements, neighborhood anti-gentrification efforts, and much more, the 1970s are the years when transformative social values burrowed deeply into society.”

In more than 30 years of activism, he also has crossed paths with many who became contributors to the series. Carlsson recalls when he attended an anti-nuclear rally in 1979 and was handed a flyer from a group called the “Union of Concerned Commies.” The leaflet featured a drawing of the White House with nuclear cooling towers on either wing, done by veteran underground cartoonist Jay Kinney. Kinney contributed one of the most entertaining pieces in Ten Years, a short history of underground comix (in a move below mainstream radar, “comics” became “comix”).

Former Guardian staffer Rachel Brahinsky contributed a heart-wrenching look at the (ongoing) African American exodus from the City by the Bay in the wake of the neighborhood-destroying process officially called “urban renewal.” In the chapter that follows Brahinsky’s, veteran organizer Calvin Welch describes further tenant victories in the creation of what he refers to as “the community housing movement.”

Carlsson’s chapter, “Ecology Emerges,” parallels a series of green history talks of the same name held this year at Counterpulse, Shaping SF’s home base at 1310 Mission St. Carlsson links the 1990s emergence of the environmental justice movement to David Brower, especially the more radical work Brower began when he left the Sierra Club and cofounded Friends of the Earth in 1969. Brower felt Greens should be antiwar, and was keen on making connections between movements. The ecologically-minded individuals and groupings Carlsson highlights also shared a disinterest in becoming a permanent cheering section for Democrats, working instead to keep pressure building from below.

I asked Carlsson for his take on the Obama administration’s announced plans to allow the mining of millions, possibly billions, of tons of coal on public lands.

“Obama was supported from the beginning by Big Finance an Big Coal,” Carlsson responded. He has never shown any indication he is anything but their front man. His lack of imagination on the energy crisis, the economic crisis, the military-empire crisis, and the social crisis is nothing less than remarkable.”

CHRIS CARLSSON

Thurs/2, 7 p.m., free

City Lights Bookstore

261 Columbus, SF

(415) 362-8193

www.citylights.com

 

Awaiting consensus

5

news@sfbg.com

Mayor Ed Lee’s pension reform proposal was unveiled May 24 with support from some of those who helped develop it, including investment banker Warren Hellman, Rebecca Rhine from the Municipal Executives Association, San Francisco Chamber of Commerce head Steve Falk, and San Francisco Labor Council Executive Director Tim Paulson.

The plan would dramatically alter the way the city manages employee retirement benefits, starting July 2012, while exempting employees who earn less than $50,000. Lee described it as “serious,” “comprehensive,” and a plan that “reflects consensus.”

Already the legislation to place it on the fall ballot has secured the cosponsorship of Board President David Chiu and Sup. John Avalos, rival candidates for mayor. Other mayoral candidates also offered their support, including former Sup. Bevan Dufty and City Attorney Dennis Herrera.

But there is one notable exception to the support for this plan, a party that has been at the negotiating table where it was crafted: Service Employees International Union Local 1021, which represents about half of the city’s 26,000 employees. The union claims the plan disproportionately affects 500 SEIU members, who are mostly women and people of color and already took large pay cuts last year to avoid layoffs.

Avalos, who described Lee’s proposal as “a sensible approach” and “the right way to go,” has said that if SEIU’s concerns aren’t adequately addressed, he’ll withdraw his sponsorship.

“I’d like to get to a consensus, but if we don’t and 10,000 union workers don’t sign on, I’m going to take my name off as a sponsor,” Avalos said. “We have to find ways to pay for pension benefits without decimating jobs and social services.”

Lee’s measure also didn’t win over Public Defender Jeff Adachi, who claims the proposal won’t make deep enough or fast enough cost savings in the next few years, so he will continue gathering signatures to place a rival measure on the ballot.

So rather than the consensus product Lee hoped the whole city family would be able to convince voters to support, it’s looking like pension reform could again be a divisive issue and one that spills over into this year’s mayor’s race.

Chiu thanked “our brothers and sisters from the labor community” when Lee announced his pension measure, noting that “each city worker that makes more than $50,000 would have to give thousands every year.” He supports the pension deal and hopes SEIU will eventually back it. Avalos and Sen. Leland Yee, another mayoral candidate, seem to be waiting for SEIU to sign on before offering their full support.

Mayoral spokesperson Christine Falvey told us that Lee views SEIU’s concerns as separate from the pension reform proposal. “He appreciates SEIU’s input in the pension reform talks and has committed to sitting down with them and trying to resolve this issue.”

Then there’s Adachi, who helped qualify Measure B, a 2010 pension reform proposal that united labor and city leaders in opposition. He continues to gather signatures to qualify a competing pension measure, needing about 50,000 signatures by early July unless Lee amends his plan to secure greater cost savings in less time.

“My focus is on this issue,” Adachi said, praising Lee’s efforts at achieving consensus. “But is this going to solve this problem so we don’t have to come back within two to three years? It comes down to a math problem.”

Adachi says Lee’s plan doesn’t adequately address the city’s need to save money now.

“The stress period is really in the next four years, so my hope is that the mayor’s proposal could be strengthened,” Adachi said, noting that his proposal yields $90 to $144 million in annual savings, compared to $60 to $90 million annually under Lee’s plan.

“SEIU is right that Mayor Lee’s proposal is inequitable,” Adachi added, noting that Measure B was criticized for being unfair to lower-income workers. “That’s why my new proposal increases pension contribution rates in $10,000 graduations. But under Lee’s plan, a person who earns $100,000 contributes the same rate as someone who makes $50,000.”

He criticized Lee’s plan for requesting only modest increases from safety workers. “Police and fire cost two to three times as much as everyone else’s retirement. They pay 17 percent of what’s in the fund and take out 36 percent. So that means SEIU folks are subsidizing the costs of safety workers’ retirement.”

Adachi acknowledged it would be better to have one measure everyone can support. “But I don’t agree that we should put ineffective reform on the ballot,” he said.

Adachi took a lead role on the issue in 2010 when he qualified Measure B mostly with backing from a few wealthy sponsors, including venture capitalist Michael Moritz, a financial supporter of Republican Ohio Gov. John Kasich and the Ohio Republican Party. Adachi took lots of political heat for the move, but he shrugs off the criticisms.

“It comes down to making sure people understand the issue,” he said. “A year ago, no one was acknowledging that it was a problem, but now everyone does. I’m hoping the board strengthens the proposal. It’s going to take supervisors really looking at this to see if works, not just jumping on the bandwagon.”

According to the Department of Human Resources, Lee’s plan would yield an estimated savings of $800 million to $1 billion over 10 years, with the bulk coming from increased employee retirement fund contributions of up to 6 percent for future and current employees. The proposal raises the retirement age from 62 to 65 for most city workers and from 55 to 58 for public safety workers. It also imposes caps on pensions for new employees.

Lee’s proposal must now make its way through the Rules Committee and win the approval of the full board by July 12, the deadline for supervisors to submit charter amendments. According to the Department of Human Resources, 89 percent of San Francisco’s 26,000 city workers earn more than $50,000. That means only 3,000 city workers fall below the $50,000 cut-off that exempt them from paying extra, under Lee’s plan.

But Larry Bradshaw, a bargaining unit member of SEIU 1021, said that members who make slightly more than that threshold will face pay cuts under the plan, on top of the pay cuts they took last year to avoid being laid off by Mayor Gavin Newsom.

For certified nursing assistants, the shift would amount to a roughly $12,000 annual pay cut, Bradshaw said. Security guards would face an estimated $5,000 per year cut, and clerical workers could face anywhere from $1,000 to $11,000 per year.

These workers faced getting fired and rehired at lower-paid classifications to make up for a revenue shortfall, but the union reached an agreement to stave off the worst pay cuts for those “de-skilled” employees by imposing a one percent across-the-board cut for all members in order to restore the salary cuts.

As SEIU workers take the pay cut to fund pensions, he said union members won’t be able to continue subsidizing the salaries of these deskilled workers.

“So we’re not going to have that option of asking our members to keep funding these workers who have taken this 20 percent pay cut,” he said. “And these are primarily women and people of color.”

But Sup. Sean Elsbernd and other supporters of the pension deal say the plight of these workers is an unrelated issue. “They aren’t a pension issue, so wouldn’t it be more appropriate to discuss them in the collective bargaining context?”

Elsbernd believes Lee’s measure is “fair and equitable,” partly because employees’ pension contributions would be reduced in boom years when tax revenue and stock market gains swell the city’s coffers.

“But Jeff Adachi is throwing a big roll of the legal dice,” Elsbernd said. He noted that city employees have long paid 7.5 percent toward their pensions. “But now, along come two pension reform plans that both challenge that notion.

“And every case in California shows you have to provide a commensurate benefit to change that kind of right,” he continued, arguing that Lee’s proposal is more legally sound because it lowers employees’ contributions during boom years. “So the $60 million that our plan would save is a hell of a lot more secure than the $90 million Jeff claims his plan would save.”

Sup. David Campos has yet to take a position on Lee’s plan, but hopes there is a way to address legitimate concerns about lower-income workers. “There’s no question that we have to do something about pension reform,” he said. “I don’t know if there’s a perfect proposal. But I’m especially intrigued by Mayor Lee’s plan. It recognizes that low-wage workers should not be expected to contribute at a higher rate than higher-wage workers. But we have to put the mayor’s proposal in the context of what else is happening, which is why SEIU’s de-skilling concerns are legitimate.” Campos credited Adachi for highlighting pension reform. “My hope is that we can come up with something that we can all be supportive of, where the mayor and Jeff’s proposals are combined. And while we have to be careful that the balance that has been constructed is maintained, this allows for a dialogue at the board, and for Jeff to be involved, so we can come up with a unified proposal. Because if we are going to address pension reform, we need to do so with a united front.”

FBI spying will be an issue for new Police Commissioner

1

When Police Chief Greg Suhr got sworn in at City Hall a month ago, reporters each got to ask one question during a hastily convened media roundtable inside Mayor Ed Lee’s office. And since the Guardian’s story about the FBI’s secret agreement with the San Francisco Police Department had just hit the streets, I asked the new Chief, if he would welcome clarification around the duties of SFPD officers assigned to the FBI’s Joint Terrorism Taskforce.

Chief Suhr said he believed an examination of the wording of the FBI’s most recent memorandum of understanding (MOU) with the department was already under way. “I believe that the MOU is being revisited,” Suhr said. “I have not been a part of that, but again I think we have a real good policy with regard to our intelligence gathering and that does supercede any ask of any other agency. The officers are bound by policies and procedures. And that policy was well thought out with tremendous community and group input years and years ago, from situations that have not since repeated themselves. I think a lot of people back then couldn’t believe they happened in the first place, but I think measures were well thought out and put in place to make sure we don’t have a problem again.”

Fast forward three weeks, and Suhr found himself in the hot seat at a May 18 joint meeting of the Human Rights Commission and the Police Commission, where commissioners got an update about the Police Department’s response to community concerns about surveillance, racial and religious profiling of Arab, Middle Eastern, Muslim, and South Asian Communities and the potential reactivation of SFPD Intelligence Gathering.

After Suhr introduced his new Command Staff—and stressed their great diversity–Police Commission President Thomas Mazzucco, who was Suhr’s football coach in high school, tried to assure folks that the Police Commission, the Human Rights Commission, the FBI, the SFPD, the American Civil Liberties Union and the Asian Law Caucus had already addressed the community’s intelligence-gathering concerns, in part through a bureau order that Chief Suhr then introduced during the hearing, in which Suhr clarified that SFPD policies trump FBI guidelines every time.

And Mazzucco,  a former Assistant U.S. Attorney for the Northern District of California and a former Assistant District Attorney for San Francisco, before Mayor Gavin Newsom appointed him to the Commission in 2008, noted that the community’s concerns were based on allegations. not factual findings.

But his comments got folks wondering whether Mazzucco’s prior involvement with the feds left him with a blind spot that is preventing the Police Commission from dealing with the issue in a timely and effective manner, particularly since Commissioner Jim Hammer’s term has expired, and the rest of the Commission is waiting for the Board’s Rules Committee to decide between nominating David Waggoner, L. Julius Turman, Phillip Hogan or Vanessa Jackson as the next new Police Commissioner.

For, as members of the public observed during the meeting, if the Police Commission President himself expresses no outrage at finding that the Commission’s policies have been undercut for the past four years by secret agreements between SFPD and the FBI, how can San Francisco claim to have a credible system of civilian oversight?

Instead, they felt that Mazzucco seemed more concerned about defending federal practices and officials, who were unwilling to show up at the May 18 hearing, than worrying about the role and authority of the civilian oversight body he now represents. And attorneys with the ACLU and the Asian Law Caucus noted that though Suhr characterized his new order as being based on the Portland resolution and a prior proposal from community advocates, they believe Suhr’s approach can only work with the written consent of the FBI, (which SFPD doesn’t have) if the FBI’s 2007 contract is left in place.

“That’s why there is a need for a transition to a non-MOU, Portland-style resolution,” ACLU’s John Crew told the Guardian, noting that ACLU’s willingness to work collaboratively with the commissioners and the new Chief should not be confused with a willingness on ACLU’s part to roll over and accept an approach that is based on wishful thinking rather than the realities of the MOU that’s still in place.

During the May 18 joint hearing, Chief Suhr acknowledged “the validity of the perceptions raised by the community,” even as he insisted that SFPD has “very strict policies” in place to ensure appropriate oversight for investigation- involving activities.

Suhr summarized the history of those policies, including ACLU’s John Crew’s involvement in creating Department General Order (DGO) 8.10, which establishes that there must be reasonable suspicion before SFPD intelligence gathering can occur.

Suhr noted that SFPD joined FBI’s Joint Terrorism Taskforce (JTTF) after the September 11, 2001 attacks, and SFPD officers assigned to the JTTF subsequently came under control of the Department of Homeland Security unit, but starting now, they are back under SFPD’s special investigations.

“I gave the order today that JTTF will be moved back under SFPD’s special investigation unit,” Suhr said. “They will have the security clearance necessary to oversee the activities. The members are required to comply with all department policies, even if they can conflict with FBI policies. Simply said, San Francisco policies, procedures, laws, and statute trump any federal policy or procedure. Our officers are bound by those.”

Suhr said that to ensure everyone is clear about the chain of command, he’d drafted his May 18 bureau order. “It essentially turns back the clock and emphasizes that officers are responsible for our policies and procedures first, and our officers are bound to identify themselves as San Francisco police officers,” Suhr said, further noting that he’d be happy to further amend his new order as needed.

And Mazzucco noted that SFPD has absolutely no jurisdiction whatsoever over the Transportation Security Administration’s activities at the airport.

But while Human Rights Commission Chair Michael Sweet said Suhr’s new bureau order,  “goes a long way toward helping to alleviate some of the concerns,” he and many commissioners noted that this was their first chance to read the order. And Sweet said he saw the May 18 joint hearing “as by no means the end of the discussion.”

HRC director Theresa Sparks, who was on the Police Commission when the FBI drafted its 2007 JTTF MOU, noted that the issue is not whether we should opt out, but what we can do to ensure that officers involved in activities have “strong civilian oversight of their activities and report activities through the established civilian oversight mechanisms and procedures defined in DGO 8.10.”

” Our approach to achieve this objective is to publish internal directives ensuring our officers only participate in activities that meet our local standards of reasonable suspicion,” Sparks stated, claiming that Suhr’s order will “ give the city control over misconduct charges and allegations of misconduct charges.”

Sparks noted that the May 18 hearing was a status report about “alleged violations by the FBI and SFPD, as well as airport police,” and that the HRC “did no independent investigation” to verify these allegations.

Sparks added that HRC and the Immigrant Rights Commission has a tentative agreement to move forward with townhall meetings to address community concerns, and will encourage the Board to appoint a special prosecutor to determine if the prosecution of terrorism cases is valid and fair, and discuss the need for an Ombudsman at the airport. And she talked about the need for SFPD to establish legal safeguards, mechanisms for greater transparency and oversight, and conduct more detailed yearly audits.

“Tonight was a real dialogue about the issues,” Sparks said, further noting that civilian oversight of local JTTFs is also a popular discussion in Oakland and in Portland, Oregon, which has decided to rejoin its local JTTF after opting out in March 2005. But she didn’t mention that Portland had entered into a resolution with the FBI, instead of signing a new MOU with the feds.

That explanation was left to Veena Dubal of the Asian Law Caucus and ACLU’s Crew– in between explaining why they believe Suhr’s Bureau Order isn’t enough. “The good news is that we all collectively agree that SFPD policies should apply to SFPD officers assigned to the JTTF,” Dubal said. “The bad news is that the recently released MOU, which was secret for four years, doesn’t reflect our collective desires.”

Dubal stated that the FBI won’t amend its 2007 MOU with the SFPD.
“And that is why the Chief issued the bureau order,” Dubal stated, claiming that the FBI Special Agent in Charge of JTTF involvement recently told ALC and the ACLU that the FBI will continue to block key parts of local policy central to accountability and oversight.

“But there’s a solution and it doesn’t necessitate a divorce from the joint terrorism task force,” Dubal continued, noting that there are now two ways for local law enforcement officers to participate in JTTFs: an MOU, in which SFPD resources are put into the hands of FBI with relatively no local control, as in the SFPD’s 2007 agreement with the FBI. Or via a resolution which the federal government just approved in Portland, which allows participation in the JTTF, but provides much better protection for civil rights and gives the police department and the police commission more control of the relationship.

Dubal noted that in the decade since 9/11, the FBI has expanded its intelligence powers, and its agents are now allowed to conduct intelligence without a factual connection to criminal activity.

“Given these massive shifts in FBI activity, the question is, what should the relationship between the SFPD and the FBI look like?” Dubal said.

“Unlike the FBI, the SFPD is not a national security organization, “ Dubal continued, noting that when SFPD signed up to work with the JTTF under an MOU that preserved local control and policies, “it wasn’t assuming that some of its officers, paid for by San Francisco taxpayers, could be transformed into national security agents.”

”The SFPD signed on without telling anyone, not even the police commission,” Dubal said, noting that SFPD cannot afford to participate in these practices. “We need community trust to keep all of our communities safe.”

ACLU’s Crew noted that the FBI came to the SFPD in 2007 with a new MOU. “And perhaps inadvertently, there was no review by the City Attorney, and no notice to the police commission,” Crew said. “And it’s a drastically different MOU, unfortunately.”

“Now, we didn’t know about that MOU because it was kept secret at the insistence of the FBI for four years,” Crew continued, further noting that when ACLU and ALC met with the SFPD in 2010, they were suddenly told that the police department couldn’t talk about these issues without FBI permission.

“That set off a warning sign,” Crew observed, noting that in early April, when the ACLU and ALC finally got the MOU released, their worst suspicions were confirmed.

“There was no public discussion of transforming the SFPD into a national intelligence gathering association,” Dubal said. “The problem is that the FBI changed the deal, and the SFPD signed it, without telling anyone.”

Dubal noted stark differences between the FBI’s 2002 MOU and the one the SFPD signed in 2007, along with stark changes to FBI guidelines that occurred in 2008, in the dying days of the Bush administration, and that now allow a new assessment category, that does not require reasonable suspicion and has been criticized by civil liberties groups.

And according to Crew, the FBI’s new MOU “puts at risk the very concept of civilian control.” As Crew noted, between the mid 1990s, when the SFPD developed DGO 8.10, which governs its officers’ intelligence-gathering policies and procedures, and 2007, when the FBI prepared a new JTTF MOU, there’d been little controversy over intelligence-gathering in San Francisco.

 “And then, perhaps inadvertently, the SFPD signed that MOU and it was drastically different and kept secret at the insistence of the FBI for four years,” Crew observed.

And in 2010, the SFPD suddenly said it couldn’t talk about the issue without the permission of the FBI, Crew added, noting that “Unnecessary secrecy breeds suspicion.”

“We don’t think the Bureau Order is sufficient,” Crew concluded. “This is an issue that has to be dealt with at the Police Commission level.”

Crew noted that the Portland City Council chose not to enter into an MOU, “specifically because it restricts the ability to provide local control and local oversight. “

“So, we are not saying opt out, but we are saying there needs to be a transition to a resolution that maintains local control over the assignment of officers and provides all these elements of civilian oversight,” Crew continued.

He claimed that the federal government says a resolution is possible, as long as you’re not doing it under an MOU.
“So the question is, if that level of protection is available now to the people in Oregon, why would San Francisco not take the same deal?” Crew said. “All you have to do is give 60 days’ notice to the FBI that are you going to start this transition to a resolution. That notice period allows the FBI to have any comments or express any concerns they want, I think it’s very regrettable that they chose not to participate tonight and unfortunately I think it says something in terms of how seriously they take these concerns.”

Crew concluded that such a transition would be a win-win situation.

”If we went to a resolution that merely asserted local policy, then they could keep doing exactly what they’re doing now,” Crew said. “On the other hand, if it turns out that there’s activities SFPD is involved in that they shouldn’t be involved in, don’t we want those stopped?

“The one comment I will make of the bureau of general order is that I’m thankful to hear it’s a work in progress,” Crew added, noting that ACLU and ALC “don’t think a bureau order is sufficient. That’s because it can be changed at any time without the notice of the police commission, without a public hearing.”

But Mazzucco disagrees with ACLU and ALC’s claims that FBI intelligence-gathering guidelines have been relaxed since 2008.
 “There are no random assessments, and there has to be a predicate of a criminal violation,” Mazzucco told commissioners, noting that ” with honorable people like Bob Mueller” (Mazzucco’s former boss) “running the FBI, there should be a level of confidence that there will not be any violations.

And in a follow-up call, Mazzucco told the Guardian that he thought Suhr’s bureau order clarifies that “local officers follow SFPD rules.”

Mazzucco also suggested that Police Commission oversight, “is more over policy and procedures and less about operations,” by way of explaining how the SFPD’s 2007 MOU  with the FBI never came before the Commission.
“But I suggested that we see the next MOU in this area,” Mazzucco added.

And he proposed “a simple solution” moving forward, namely transparency and educating the public,” about the JTTF.

“SFPD is probably the most diverse police department in the country,” Mazzucco said. “And there is civilian oversight. We won’t let anything untoward happen.”

And he praised the new US Attorney for Northern California Melinda Haag, and FBI Special Agent Stephanie Douglas for their participation in recent meetings with city officials about the community’s intelligence-gathering concerns.
“The good news is that nothing controversial is going on here,” he said, noting that out of the broad array of community advocates who showed up at the May 18 joint hearing, there were maybe five citizens who spoke about encounters with the FBI, and only one from the Bay Area. ”My goal is to make everyone feel comfortable,” he said.
 
But HRC Chair Sweet acknowledged at the May 18 joint hearing that it was “very difficult” to know from a first reading of Suhr’s Bureau Order if it fully addressed the community’s intelligence-gathering concerns. “I think a great deal of discussion really needs to take place on that particular issue,” he said.

And HRC Vice Chair Douglas Chan dug into the details, starting with the apparently now classified question of how many SFPD officers are currently assigned as deputized FBI officers.
”We don’t generally discuss the specific numbers, but I will tell that you we’ve never had less than two officers assigned to the JTTF,” Suhr replied.

And he told Chan more work can be done on the Bureau Order. 
“The intent of the order was to align it with DGO 8.10 and to close any gap that was in the 2007 MOU,” Suhr said.

Chan asked if SFPD has in mind “ a framework or an approach” if a case arises, wherein an officer, in order to defend himself against an allegation of misconduct, or a citizen seeking to discover facts and other evidence relating to an incident, bumps up against this need to know and the fact that apparently JTTF activities are, “under a federal classified information.”

“I think that would probably need to be flushed out in subsequent drafts of the bureau order,” Suhr replied. “I think we could turn the clock back to where the officers are ultimately accountable to the police department, the commission and the citizens of San Francisco.  I think that the most recent MOU, as has been discussed, there was somehow a mishap where it was not reviewed.”

 And while Police Commissioner Petra DeJesus said Suhr’s Bureau Order was, “a step in the right direction,” she added that she felt it needs to be amended to clarify how the Police Commission would truly have oversight of SFPD officers’ JTTF activities.
‘Even though a commissioner is going to look at what’s been done monthly, that commissioner doesn’t have the clearance, and we’d only see a sanitized version of the events,” she observed. “And we need to look at the auditing report part of it.”
 
 And Police Commissioner R. James Slaughter said he thought everyone was “frustrated that the FBI is not here to answer some of these questions.” I think that would help us.”

And now, with four candidates vying to replace Jim Marshall as the seventh Police Commissioner, it’s not clear what the Police Commission will do beyond Suhr’s Bureau Order. But clearly that question now becomes part of the commission selection process.

And so here is the basic direction of Suhr’s new Bureau Order:

 
Under Suhr’s new Bureau Order (not to be confused with an FBI order) SFPD officers assigned to the FBI’s terrorism task force must abide by local policies protecting civil rights rather than looser federal rules.

 “It is the responsibility of the Federal Bureau of Investigations (FBI) to prevent, investigate and respond to terrorism in the United States.” Suhr’s May 18 order states. “The FBI has established local Joint Terrorism Task Forces (JTTF) to share resources and coordinate among federal, state, tribal and local governments. It is the policy of the [San Francisco Police] Department to help prevent and investigate acts of terrorism, protect civil rights and civil libertes under United States and California law, and promote San Francisco as an open and inclusive community by participating in the FBI Joint Terrorism Task Force.”

“The Chief may assign SFPD offices to work on JTTF investigations that comply with the requirements stated above regardless of whether or not the investigation is based in the City & County of San Francisco,” Suhr’s order, which was issued by Deputy Chief Kevin Cashman, continued.

 “SFPD offices shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus,” Suhr’s Bureau Order concludes. “In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes. While cross-designated and deputized as federal officers for the purposes of their JTTF assignments, when not operating in a covert or undercover capacity, SFPD officers shall always identify themselves to members of the public as SFPD officers.”

Or as Suhr told commissioners May 18, “Our officers will follow our department orders.”
.

 

Sit-lie isn’t working. Imagine that.

14

Guess what? The much-hyped sit-lie law ins’t working. That’s what the Bay Citizen reports today in a story that should surprise nobody who has any sense.


When the measure was headed for the ballot, I had this discussion with then-Chief Gascon, with then-Mayor Gavin Newsom’s staff, with other supporters of sit-lie and anyone else who would listen. My point: Even beyond the civil liberties issues (which are huge), this was going to be a waste of time. Why? Because if there are people sitting on the sidewalk, and they’re told they can’t, they’ll …. stand up. No more violation. Still people on the street.


And guess what Lt. Belinda Kerr from Park Station has to report?


There has been “a prolific amount of arrests, citations and warnings … but I haven’t seen that it’s done a whole lot,” Kerr said.


She said the transients will often get up when they see officers drive by in their patrol cars, but “unfortunately are getting up and going around the block and then sitting down again.”


See? Tell people they can’t sit down and they’ll stand up. Then sit down again.


You want to deal with street crime? Deal with crime. Don’t make sitting on the street a crime.


When Gascon and I talked about this, I told him that two uniformed beat cops walking up and down Haight Street from 10 a.m. to 10 p.m. every day would solve any street crime problem without a new law. He agreed. Then he said it would be too expensive. I wonder what all these pointless citations — and the legal work of prosecuting and defending them — is going to cost. I suspect foot patrols would be cheaper.


 

SEIU 1021 withholds support for newly unveiled pension proposal

San Francisco’s largest labor union, Service Employees International Union 1021, is not on board with a proposed charter amendment that would reform the city’s pension system for public employees.

The pension reform proposal was unveiled by a coalition of city officials, labor representatives, and business leaders at a press conference in the mayor’s office in City Hall this morning, May 24. The plan would yield an estimated savings of $800 million to $1 billion in savings over the course of a decade, the bulk of it coming from increased employee contributions to retirement funds of up to six percent for future and current employees. The proposal would raise the retirement ages from 62 to 65, or 55 to 58 for public-safety workers, and impose caps on pensionable salaries for new employees. Mayor Ed Lee described the plan as “a serious, comprehensive plan and one that reflects the consensus.” The proposed charter amendment must go through the Board of Supervisors’ Rules Committee and win the approval of the full board before it can be placed on the ballot in November.

Lee emphasized that the pension plan had been crafted with a consensus-building approach over the course of several months, which brought business, labor, and city officials together. Billionaire Warren Hellman delivered comments about the historic nature of the proposal, and Rebecca Rhine from the Municipal Executives Association and Steve Falk from the San Francisco Chamber of Commerce each voiced support for the plan.  Sups. Sean Elsbernd and Board President David Chiu spoke of the collaborative and democratic process that had brought everyone in the city family under one tent.

Well, almost everyone.

“We’re stuck on one issue,” noted SEIU 1021 Vice President Larry Bradshaw. Under the plan, a pay cut would go into effect for three groups of lower-paid workers on the same date that they would be responsible for making new pension contributions, July 1, 2012, he explained. The affected workers include nursing assistants, security guards, and clerical workers, he said. While the mayor’s proposal requiring new pension contributions builds in an exemption for city workers making less than $50,000 per year, many of these SEIU employees would fall just above that cutoff mark, Bradshaw said.

“We’ve got workers that are just about at the $50,000 threshold … so they’re going to be paying about $2,000 a year out of their pocket,” toward new pension contributions, he said. “So the mayor’s plan has these workers, who are our lowest-paid workers, taking this huge pay cut, and then they want us to agree to this increase in contributions. And the scale of these pay cuts are just enormous. For someone who’s making $50,000 a year, to ask them to take $2,000 or $3,000 on top of $12,000 in a pay cut, is impossible.”

The pay cut is a leftover from the administration of former Mayor Gavin Newsom. For certified nursing assistants, the shift would amount to a roughly $12,000 annual pay cut, Bradshaw said. Security guards would face an estimated $5,000 per year cut, and clerical workers could face anywhere from $1,000 to $11,000 per year. Bradshaw estimated that a total of about 570 city employees would be affected. The workers faced getting fired and re-hired at lower-paid classifications in a prior budget year to make up for a revenue shortfall, but the union reached an agreement to stave off the worst pay cuts for those “de-skilled” employees by imposing a one percent across-the-board cut for all members in order to restore the salary cuts.

“This was such a sore point with our membership, the membership would not allow us to turn our backs on these workers, and we couldn’t get the city to restore the pay cuts,” Bradshaw said. “So we voluntarily took a one percent pay cut for every member to make up the loss in pay that these workers suffered.”

This arrangement would no longer be possible under the pension reform proposal, he said, because most union members would be asked to contribute 3.5 to 5 percent toward their pensions. “We’re already paying one percent more, so we’re not going to have that option of asking our members to keep funding these workers who have taken this 20 percent pay cut,” he said. “So the same day this goes into effect, these people take this horrible hit in their pay. And these are primarily women and people of color. Our problem is, we can’t leave these workers behind.”

Until that issue is resolved, the union cannot get on board with the plan, he said. “We’ve been waiting three weeks to meet with the mayor, and we can’t fix the problem if we can’t sit down with the mayor and talk about it,” he said, noting that  union representatives had been able to sit down with mayoral chief of staff Steve Kawa. Restoring the pay cut would have an estimated financial impact of $5 to $6 million.

Bradshaw said SEIU 1021 had hoped to fix the problem in order to be able to get on board and voice their support during the announcement this morning. “We were at the table until 11:30 last night,” he said. “We called the mayor, we had Tim Paulson at the [San Francisco Labor Council] text the mayor, we asked the city team to ask the mayor to come in. The mayor was a no show.” The Guardian has placed calls to the mayor’s office seeking comment, but hasn’t yet heard back.

Asked what he thought the outcome might be, Bradshaw said, “We think this situation cries out for justice. We think there are lots of ways to solve this problem, and we keep putting ideas on the table that are rejected by the mayor’s office. We’re hopeful. But, until we sit down with the mayor, it’s kind of a big question mark.”

SEIU 1021 represents around 17,000 city workers, making it the largest and one of the most politically powerful labor unions in the city.

Pattie Tamura attended the press conference on behalf of SEIU 1021, but stopped short of voicing support for the proposal when reporters questioned whether the union was on board with the plan, saying only that negotiations were ongoing. Bradshaw said they sent a representative as a sign of respect for the collaborative process that had been spearheaded by coalition leaders, particularly Warren Hellman.

Fatal stance

7

sarah@sfbg.com

Ever since Mayor Gavin Newsom appointed Police Chief George Gascón district attorney in January — when Gascón said he was “not categorically opposed to the death penalty and would consider it in appropriate cases” — capital punishment has become a big issue in a town where the last death penalty case was in 1989.

Gascón is running against former San Francisco Police Commissioner David Onek, who is the founding director of the Berkeley Center for Criminal Justice and has consistently promised since entering the race last summer that he will not seek the death penalty.

Both men also face a serious challenge from Alameda County Deputy D.A. Sharmin Bock, who opposes capital punishment but won’t categorically state that she would never seek it, as former DAs Kamala Harris and Terence Hallinan both did while running for office.

Bock said that Harris eventually formed a committee to review each capital case but never filed for the death penalty, including in the 2004 murder of San Francisco police officer Isaac Espinoza, the same approach Bock would take. But she doesn’t think it’s legally wise to make a categorical statement opposing the death penalty, saying it could be challenged in court, as some attorneys tried to do with Harris.

“But capital punishment is unjust, and can say that categorically,” she said.

In the week since Bock’s May 17 campaign launch, Gascón challenged her credibility on the issue by noting that Bock used the threat of the death penalty to secure a guilty plea from a sexual predator who tortured and killed women in Alameda County last year.

But Bock used that case to draw a distinction in their positions on the issue, telling us, “George Gascón says he’d use it for the most heinous cases, and I’ve seen the most heinous cases and I haven’t use it,” Bock said, emphasizing that she’s the only prosecutor in the race.

In a May 1 Chronicle op-ed, Gascón tried to neutralize Onek and those opposed to the death penalty by noting that he also has “serious misgivings” about capital punishment, including the potential for wrongful convictions, the disproportionate application on racial minorities, the roller-coaster the victims’ families endure as they wait decades for closure, and the financial impact on an already overburdened justice system.

But Gascón also tried to hide behind the “death penalty is state law” defense, even though prosecutors have extensive discretion in such matters. “Rather than refuse to enforce our laws, I believe the more appropriate approach is to accept the law and work to change it,” Gascón wrote. “I don’t believe district attorneys should be allowed to supplant the views of the state with those of their own.”

Bock criticized Gascón’s deferential stance, which was in sharp contrast to Sheriff Mike Hennessey, who recently announced that he will stop cooperating with federal immigration officials and start releasing undocumented immigrants jailed for minor offenses before they can be picked up for deportation, to comply with San Francisco’s sanctuary ordinance.

Gascón appeared to be trying to cast his position as a courageous stand. “Some have given me the political advice to simply say I will not seek the death penalty in San Francisco,” he wrote. “While I am not prepared to say that at this time, I can say that I do intend to be a district attorney committed to San Francisco values.”

And he promised that if he believes a case merits the death penalty, he would seek the advice and counsel of a panel of local prosecutors. “Ultimately, the decision will always rest on my shoulders, and it is a decision that I will not take lightly,” Gascón wrote.

But Onek accused Gascón of giving a politician’s answer. “Gascón is trying to have it both ways,” Onek told the Guardian. “The voters have the right to hear a clear answer to a fundamental question. And my answer is clear — I will not seek the death penalty in San Francisco and I will continue to work to change the law statewide. To me, it’s a yes or no question, and I won’t seek it. Period.”

Onek says his stance is informed by his belief that the death penalty solves nothing. “It doesn’t make us safer; it’s not fair and equitable; and it wastes enormous resources,” he said. “We are much better off spending our precious resources on things that actually make us safer, like more cops on the streets, more programs in our communities, and better services for victims.”

Gov. Jerry Brown made a similar comparison last month when he canceled a $356 million project for a new death row at San Quentin. “At a time when children, the disabled, and seniors face painful cuts to essential programs, the state of California cannot justify a massive expenditure of public dollars for the worst criminals in our state,” Brown said.

A recent David Binder research poll found 63 percent support statewide for commuting all of the 700 sentences of California’s death row inmates to life in prison without parole and requiring them to pay restitution to the victims’ families, while 70 percent of Bay Area voters support the plan, which would save the state $1 billion over five years.

At a May 18 panel discussion on the death penalty, Public Defender Jeff Adachi’s criminal justice summit offered panel moderator Matt Gonzalez, a chief attorney in Adachi’s office, a timely opportunity to grill Gascón about his death penalty stance.

“Folks felt it might be a step backward,” Gonzalez said, noting that former D.A. Terence Hallinan pledged not to seek the death penalty when he ran for reelection in 2000, and Harris followed suit when she first ran for district attorney in 2003. “So — are you pro death?” Gonzalez asked.

“No, but I am a public official,” Gascón replied, even as he repeated his misgivings about the death penalty, including the fact that 62 percent of those on death row are minority populations, especially from African American and Latino communities.

The panel also provided a chance to see Gascón debate exonerated death row inmate JT Thompson, watch American Civil Liberties Union of Northern California attorney Natasha Minsker explain why the death penalty system is dysfunctional, and witness former San Quentin prison warden Jeanne Woodford describe how the impacts of the four executions that she reluctantly oversaw motivated her to sign on as director of Death Penalty Focus, a nonprofit dedicated to abolishing capital punishment.

“Who is responsible for the prosecutors that go bad?” asked Thompson, an African American man who spent 14 years on death row in Louisiana, and another four facing life without parole, because a prosecutor suppressed exculpatory evidence.

“When I was sentenced to death in 1985, for a crime I didn’t commit, I thought this would be rectified right away. But it took 18 years, and I watched 12 inmates being executed while I was there,” Thompson said, noting that he was holed up 23 hours a day.

Gascón said he would terminate prosecutors who withheld exculpatory evidence, but said he didn’t know if he could charge them with murder.

Thompson, founder of the New Orleans-based nonprofit Resurrection after Exoneration, argued that the debate needs to be recast from its current public safety frame.

“People need to be asked, ‘Under what conditions do you support giving the state the right to kill you?’ ” Thompson said.

Woodford recalled how she got sick after the last execution she presided over. “I focused on what my responsibility was. But in hindsight, I realize it had had much more of an impact,” she said. “These executions happen in California at least 20 years after the crime. And they don’t bring victims back.”

Minsker noted that 16 states do not have the death penalty, and that every day brings people closer to ending the practice in California. “People once thought opposing the death penalty would end political careers, but Kamala Harris showed that it is no longer a liability,” she said.

Reached by phone after the debate, Onek said ending capital punishment makes sense morally and financially. “We would have $1 billion to invest in things that actually make us safer,” Onek said. “The D.A. is given discretion around requesting the death penalty, and I will use my discretion to reflect San Francisco values. That’s why people in the trenches working on these issues, including Jeanne Woodford, support me in this race.” 

 

Perception of lost integrity costs police

1

Reporting by Sarah Phelan. Photograhy by Luke Thomas.

At the San Francisco Public Defender’s Office’s May 18 Justice Summit, the ethics of law enforcement were a central topic. And not surprisingly, the latest incidents of alleged police conduct in which SFPD officers are caught on surveillance video, which the Public Defender’s Office released, as they apparently steal personal property from suspects whose homes in the Julian Hotel they searched for drugs under possibly illegal circumstances, were on everyone’s minds, along with the crime lab and Henry Hotel scandals.

Asked if District Attorney George Gascón, who was Chief of Police until January, is considering a special prosecutor to look into these latest incidents, Sharon Woo, the D.A.’s Chief Assistant of Operations, said the D.A. looks into each case as it comes in. “We are trying to enhance the videos that came in from the Public Defender’s Office,” Woo said in a pre-summit interview. “Some are not as clear as we’d like.”

Earlier this year, when Gascón first became aware of the allegations against officers at the Henry Hotel, he directed the D.A.’s office to open an investigation into the officers and their alleged conduct. The move got David Onek, who is running against Gascón in the D.A.’s race, urging Gascón to turn the investigation over to an independent prosecutor.

But for a week, Gascón maintained that there was no conflict, and when he did finally announce that he was turning the investigation over to the to the U.S. Attorney’s Office – he claimed it was about “resources”. “New information has come to light that indicates it is better to turn over this investigation to the FBI,” Gascón said. “I have spoken to the U.S. Attorney, Melinda Haag, and she has agreed to take over the full investigation. We will of course cooperate fully with the FBI, and provide whatever assistance they need from us.”

At the time, Onek noted that Gascón’s decision was correct step. But he criticized Gascón for not making it his policy to recuse himself from any investigations that relate to his own tenure as chief. And Alameda Assistant D.A. Sharmin Bock, who recently sprung into the D.A.’ race, described Gascón’s situation on this matter as being “between a rock and a hard place.”

But yesterday, Woo noted that while it’s true that Gascón was SFPD Chief when many of the recent misconduct scandals occurred, Mayor Gavin Newsom had already appointed him D.A. when the Julian Hotel incidents occurred in February.

And Peter Herley, former chief of the Tiburon Police Department, told the Guardian that there “is always the Attorney General” to refer cases if D.A.’s feel conflicted. “George Gascón is a very upstanding individual who has also worked for the Los Angeles Police Department and was Chief of Meza, Arizona, and has done a good job in every place he’s been,” Herley said during a pre-summit interview. “So, if he sees a conflict arise, he’d probably recuse himself. It’s the public perception that’s key, that’s paramount.”

During the summit’s panel on ethics, retired San Francisco Superior Court judge Lee Baxter grilled panelists with incisive questions—as befits any self-respecting judge, retired or otherwise–on whether police misconduct is the product of a departmental culture. Noting that there had been a seemingly non-stop string of alleged police misconduct scandals in the Bay Area from drug thefts, dirty D.U.I cases, stolen drugs and setting up a brothel, Baxter observed, “If I saw a movie that included all those things, I’d think that this is not realistic.”

And there was a perhaps surprising amount of stated consensus about what needs to happen next from panelists Woo, Herley, defense attorney Stuart Hanlon, newly sworn-in SFPD Chief Greg Suhr, Anne Irwin, an attorney at the Public Defender’s Office, and John Burris, an Oakland-based civil rights attorney who is renowned for representing plaintiffs in police brutality cases.

Baxter asked the panelists why abuse of power happens, and whether, when we see media accounts of alleged police misconduct, we see the most extreme cases.

Hanlon kicked off by referring to the case of Elmer “Geronimo” Pratt, a former high ranking member of the Black Panther Party, who was tried and convicted of the kidnap and murder of Caroline Olsen in 1972, and spent 27 years in prison, eight in solitary confinement, until 1997 when his conviction was vacated on the grounds that the prosecution concealed evidence that might have exonerated him. In particular, the government had not disclosed that a key witness against Pratt, Julius Butler, was an informant for both the FBI and the LAPD. Pratt eventually received $4.5 million as settlement for false imprisonment—the city of L.A. paid $2.75 million, the U.S. Department of Justice paid $1.75 million.

“We learned that law enforcement officers had hidden evidence, let people commit perjury, and destroyed evidence to convict someone who was innocent, “ Hanlon recalled, noting how when he first worked on the case, folks wondered if Pratt’s claim of innocence was simply part of a big conspiracy theory. “But it was not, it was men and women who thought the ends justified the means” Hanlon said, noting that the “bad apples” theory is typically trotted out during investigations into alleged police misconduct. “But officers see people who they think are bad people, and they feel they must whatever it takes,” Hanlon continued. “Primarily, most law enforcement people are good, but sometimes you get good cops lying to protect bad cops. It’s a dilemma, this concept of ‘what we do we need to do, this ‘us versus them’ concept.”

Hanlon claimed that officers don’t think citizens who live in SROs (single room occupancy hotels) have the same rights as folks in Pacific Heights.
“They think it’s OK to break down doors because these are drug dealers,” he said. And he noted that the recent string of back-to-back scandals are unusual in their proximity but are not unusual, generally speaking. “I’m not an apologist for (Chief) Suhr or the D.A., but I’ve seen these problems forever, and without trust law enforcement doesn’t work,” Hanlon concluded.

Next, Baxter put Suhr in the hot seat by asking him what to do about the “ends justify the means concept”. At which point Suhr, who has been Chief for less than two weeks, observed that the summit, which was packed to the gills with defense and civil rights attorneys, was “a bit of an away game for me, but it’s O.K., I can handle it.” He noted that only 1 in 11 applicants make it through the SFPD Police Academy, where folks undergo 1,100 hours of training, including sessions on abuse of power and responsibilities. “But if something is proven, it’s my intention not to have those officers in the SFPD any more,” Suhr said.

Retired Tiburon Chief Pete Herley revealed that during his decades-long police career, he blew the whistle when three officers nearly beat a gay man to death. “I suffered the consequences for many years,” he said. “It’s very lonely getting death threats, it’s very lonely when you don’t get the backing of fellow officers.”

Herley claimed times have changed a lot. “Change starts in the Academy and the selection of officers, and you have no other law enforcement officers that get more scrutiny, background checks m psychological checks and an 18-month probation period,” he said.

He noted that police chiefs inherit a departmental culture, whether they come into the post from the inside or the outside of the department. And that while the number of officers involved in misconduct is small, “it makes good press.” 

“I really feel one needs to be more loyal to integrity than to people,” Herley continued, noting that his parents were Holocaust survivors, and that his father was aghast when he decided to become a police officer. “But I had certain values and I don’t expect anything less from other people. I expect that every department has something in their rules and regulations that directs their officers that if they see misconduct, it’ll be stopped and the action will be reported immediately to the Chief.

Baxter asked Woo what the D.A. should do, if there is a problem.“All we are is our integrity, our ability to communicate and put forth evidence to juries “ Woo observed, noting that she has been on the frontlines as allegations about the crime lab, the Henri Hotel, and now potential theft, surfaced. “We find ourselves very reactive,” Woo observed, noting that if officers are not being truthful, the D.A.’s office has to look at all the cases they were involved in. “So it really impacts public safety and how all of us view the criminal justice system,” Woo said, noting that officers involved in the Henri Hotel allegations taken off the street.“But we have no interest in prosecuting individuals if it’s not based on solid evidence,” Woo said.

She recommended proactive steps like getting involved in Police Academy training on the law, and what officers can and cannot do, and giving officers tools to make good decisions and arrests, so there is integrity in the system. “If there isn’t, we all lose, not just the criminal justice system, but the entire community,” Woo observed, noting that as SFPD Chief, “Gascón instituted lots of policies to make sure people are doing an appropriate level of review.”

Baxter asked Anne Irwin, an attorney in the Public Defender’s Office, about their office’s role in bringing abuse of power to the attention of the public. “The Public Defender has a unique and natural role as a messenger,” Irwin replied. “We have more meaningful interaction with the victims of police misconduct than anyone else in the criminal justice system. We get into the intimate details of their lives, we develop a relationship of trust, so they confide their stories about police misconduct. And those stories are commonplace.”

Irwin noted that these stories include a disrespect for the Fourth Amendment, perjury and theft. “When you hear those stories over and over, there’s a ring of truth, a consistency,” Irwin said, noting that this is not the first time officers have been captured on camera. “We didn’t say, let’s amass a bunch of evidence. We just basically did our job. Residents told us what someone said in a report is not what happened, so we got videos from Dec. 23 and Jan. 5, and lo and behold, every word was true, two for two.”

Irwin noted that there are many good officers in the SFPD, but questioned whether a culture develops in certain departments, including the plain-clothes units, that allows misconduct to happen. “Without the videos officers would not have had to answer for their conduct,” she observed.

Baxter asked Suhr what it is about the culture that makes some cops go rogue. “Did they work there too long, were the temptations too much?” she asked.

Suhr replied that he worked in narcotics for a long time, and recovered $1.4 million in cash from an apartment in the Western Addition. “I never took a dime, and I am confident that the officers I worked with were of the highest caliber,” he said. “To paint a 2,000-person organization with a broad brush is unfair,” he added. “In the legal profession, every once in a while, you see ugly stories there too.”

Burris, who filed a $25 million wrongful death claim against BART on behalf of Oscar Grant’s family, noted that he has been involved in about 1,000 police misconduct cases in the Bay Area. “A culture exists about how you treat minority communities, “ he said, noting that he had represented black and brown clients for over 20 years. “A culture where you beat people and nothing is done, and you get away with it.”

Burris believes the problem lies in how policies are imposed, as he claimed that when officers join departments they are told to forget what they were taught in the Academy.“This is what you do on the streets,” he said.

Baxter observed that she has seen movies about the code of silence and wondered if it actually exists in police departments. “I don’t think so generally,” Suhr said. “There’s peer pressure to be sure. A regular citizen has a right not to self incriminate, and in the Police Department you can say that, but you are immediately sent to Internal Affairs, where you are told, tell me what happened or you are fired. So, today, the light is shining on us 100 percent of the time.”

Herley noted that his concern lay with situations in which officers see something, but don’t say anything. “I never thought I’d sit here and agree with every word John Burris says, but it starts at the top, and has to be enforced throughout the organization.”

Herley said the two best tools to prevent indiscretions and ensure responsibility are tape recorders and video cameras. “There’s certification of exactly what happened.” As for questions of how much it would cost to outfit officers with this recording equipment, Herley said, “ What is the cost of a lawsuit, the cost the perception of a loss of integrity to a department?”

Finally, a prosecutor leaps into D.A.’s race

73

From the moment I walked into Sharman Bock’s District Attorney campaign launch and saw the roomful of “signs proclaiming, “A prosecutor for District Attorney”, I realized that Bock isn’t the type of candidate to hold her punches. And that makes perfect sense, because unlike the other candidates in the D.A.’s race, Bock, 48,  is a seasoned prosecutor.


Bock, as I soon found out, is also a longtime San Francisco resident, who moved here from Iran when she was four and has lived in the city for more than four decades. She went to high school here, returned after graduating cum laude from Georgetown University Law Center, and earned a clerkship with the Hon. D. Lowell Jensen of the Northern District of California, before starting her prosecutorial career in Alameda County, where she has served as an Assistant D.A. since 1989.  And she continues to live in San Francisco, where she is currently raising two kids with her husband in the Richmond District.


Joined by Congressmember Jackie Speier, Lulu Flores, President of the National Women’s Political Caucus, and Shronda Wallace, whose mother was brutally murdered in 1989, Bock made no bones about why she has decided to spring into the race.


“I’m running for San Francisco District Attorney because this is a job that requires a seasoned prosecutor who knows what it takes to put the most violent and dangerous criminals behind bars and keep them there,” Bock said. “I am a professional prosecutor. I want to give voters a real choice. No other candidate in this race has prosecuted even a single criminal case. This is no job for rookies. The stakes are too high and rookies make mistakes.”


When Bock noted that her conviction rate is over 90 percent, and that she has never lost a serious or violent jury trial, I wondered how successful the other main contenders–former SFPD Chief George Gascón, who Mayor Gavin Newsom appointed as D.A. in January, and former San Francisco Police Commissioner David Onek, are going to be when it comes to downplaying the fact that neither, as Bock wasn’t afraid to remind reporters, “has ever prosecuted a criminal case.”


“This is not a managerial, police or career job,” Bock continued, confronting head-on the arguments Gascón and Onek have already tossed out in response to questions about how they can be D.A. given their complete lack of prosecutorial experience.


“It’s certainly not a job for a rookie, and with 22 years of experience, I’m ready,” Bock commented.


“To lead an office of trial lawyers, you’d have to walk a mile in their shoes,” Bock added, noting that currently she is doing just that. “I’m responsible for supervising extremely experienced trial lawyers each day,” she said, referring to her job as Assistant D.A. in Alameda County.


Praising the record of former D.A. Kamala Harris, who was elected Attorney General in November, Bock observed that San Francisco “sets the national standard. Kamala did a good job, and I’d like to keep the momentum going. We can’t lose it.”


Next, Bock outlined some of the highlights of her prosecutorial career.


A national expert on efforts to combat human trafficking, Bock leads the Human Exploitation and Trafficking (HEAT) Unit, which prosecutes complex trafficking cases. In fact, Bock actually prosecuted the first human trafficking case in California.


Based on her expertise with DNA and other forensic evidence, Bock was tapped to lead the Cold Case Unit, which focuses on solving old murder and sexual assault cases.


Bock also oversees other specialized felony units, including Public Integrity, Child Sexual Assault, Sexually Violent Predator and Restitution, which recovered more than $15 million for victims of violent crime last year.


In 2009, Bock received the Fay Stender Award from the California Women’s Lawyers Association for her “ability to affect change and her commitment to representing the underprivileged. And in 2010, the California Legislature recognized Bock as “Woman of the Year” for her groundbreaking work to stop human trafficking.


“American children are being sold for sex in our own backyard,” Bock warned, as she talked about what she has learned from her decades as a prosecutor. She said solving cold cases “provides closure that is priceless for families of victims” and is part of keeping the community safe. She talked about the fact that she is an independent prosecutor, who won’t be conflicted by police misconduct and crime lab scandals, unlike our current D.A. And she wrapped up by voicing her desire to serve—and remain in—San Francisco. “I am committed to giving back and serving the city I love,” Bock said.


Meanwhile, across the city, D.A. Gascón had just a neighborhood prosecution program in the Bayview and Mission districts. According to a Gascón press release, the program, “brings immediacy to the resolution of crimes that diminish the livability of local communities by employing a restorative justice model” and “brings the D.A.’s Office into the community, positioning the office to be more directly and immediately responsive to the needs of community members.”


Gascón promised that the program will engage “residents in the process of determining an appropriate sanction focused on repairing the harm done to the community and setting the offender on the path to long-term productivity. This approach will bring a swifter and more certain resolution to offenses that have repeatedly gone unchecked for too long.”


The idea is that designated Assistant D.A’s will be assigned to  local police station to pre-screen eligible individuals and determine if the offenses they have been cited for by police are suitable to be heard in neighborhood courts. “Under the supervision of the District Attorney’s Office local residents are trained in restorative justice to adjudicate matters, instead of having cases charged and heard in criminal courts,” Gascón stated. “The adjudicators represent a wide swath of the community and include merchants, home owners retirees and students.”


Gascón says a range of non-violent offenses, including drinking in public, vandalism and petty theft, fit the criteria for matters that can be reviewed in the neighborhood court.“Eligible individuals cannot be under the supervision of the criminal justice system,” he stated. “Individuals who volunteer to have their matters heard in the neighborhood courts agree to abide by the prescribed outcomes that focus on restoring both the community and the offender. Individuals who are successful in meeting the terms avoid the blight of a mark on their criminal record. By taking this restorative justice approach, the program seeks to break the cycle of crime. It increases the accountability of the offenders to the community and the community’s stake in the offenders’ rehabilitation.”


Gascón claimed the program saves money by significantly shortening the length of time it takes to resolve offenses. “Typically the offenses being heard in a neighborhood court in one to two weeks from the time a citation is written would take nine months to a year to be heard in a criminal court,” he stated. “The average cost of having these cases charged and heard in a traditional criminal court would be $1500 per misdemeanor compared to $300 in a neighborhood court.”


Gascón concluded by noting that this new neighborhood prosecution program will operate under the direction of the newly-formed Collaborative Courts Division of the D.A.’s Office and is scheduled to spread citywide. “The Bayview and Mission district launches are part of D.A. Gascón’s initiative to increase accountability and integration of the former Community Court programs,” Gascón’s press release stated. “The neighborhood prosecution program model will eventually be adopted and employed city-wide, district by district as a replacement for the former model.”


Bock for her part seemed less than impressed by the fairness of Gascón’s program. “People dealing with quality of life crimes deserve a District Attorney,  a defense attorney and a judge,” she said. “You can’t shortchange justice “


And she wasn’t shy about sharing her thoughts on the conflict of interest Gascón faces when dealing with the ongoing police misconduct and crime lab scandals.“George Gascón is between a rock and a hard place,” Bock said. “He was in charge of the police district during that time period,” she observed. “And it’s important that the police don’t get thrown under the bus in the process.”


And unlike Gascón, Bock is personally opposed to the death penalty.“I will oppose any effort to further that law, and I would support ballot measures to change it,” Bock said. “It hasn’t had a deterrent effect, it doesn’t make the community safer, but it is the law of the state.”


As D.A., Bock would implement the same procedures that former D.A. Kamala Harris had in place—a committee where each case is reviewed in fact and law, and not reflective of a personal opinion. “I would look at each case,” Bock said.


“I want to make this city as safe to live in as I have fought in Oakland to achieve,” Bock continued, noting that when she graduated, she faced a choice of a corporate job or public service. “I chose public service,” she said.


Unlike Gascón, Bock does not think the city’s recently enacted sit-lie legislation has resolved anything. “Sit-lie is a perfect example of why political hot-button measures don’t work,” Bock said. “People should be able to use the sidewalks. But at the same time, there are people with serious mental health issues. Sit-lie hasn’t solved any problem. And the good news about me is that I am not a politician.”


Congressmember Jackie Speier enthusiastically endorsed Bock. “This is a very important race for San Francisco, and it’s not a political race,” Speier said. “It’s a race about safety and prosecution and making sure we have a District Attorney who is going to be here for thecommunity.”


Speier noted that Bock has worked for some of the finest law firms, has dedicated more than 20 years of her life to prosecuting heinous criminals, has deep roots in San Francisco, and is on the board of numerous non-profits.


“She has been successful in over 1,000 cases—tough cases, including murder, torture and sex trafficking,” Speier continued. “She is someone who has the capacity to handle this job like no one I’ve ever seen. Her passion for her work knows no bounds.”


“And she is truly committed to San Francisco,” Speier added. “It’s no secret that the present occupant of the D.A.’s office is interested in being a highly placed person in the F.B.I. I think Gaston will be good in some respects should he seek that.”


“Politics is a funny thing, the process works the way it does, but the people of San Francisco have an opportunity to compare and contrast—and this is a stark contrast,” Speier concluded, pointing to Bock’s “impeccable credentials and proven track record in the prosecution of criminals,” and describing her as “the best and brightest” as she lauded Bock’s leadership skills and talent as a prosecutor.


Lula Flores, who flew in from Washington, D.C. to announce the National Women’s Political Caucus early endorsement of Bock, described Bock as a “progressive forward-thinking candidate.”


“We need more women in leadership safety positions,” Flores said, noting that Bock “represents diversity and is the most qualified and most experienced candidate.”


“She will do the best job,” Flores continued. “San Francisco is home to a myriad of leaders, it is the place that has grown so many of our national leaders.”


And Shronda Wallace recalled how her mother’s 1989 murder had been “all but forgotten, but then Sharman Bock took charge.”
Wallace described how, using DNA from the crime, Bock “re-created the scene, identified the killer, proved he intended to kill my mother, convicted him, and put him in prison without parole for the rest of his life. Through her determined and relentless prosecution of this cold case, not only did Sharman Bock make me feel safer, but she brought me desperately needed closure, and that is something I will never forget.”


 


 


 


 

Gascón’s essential conflict

0

The latest video of a police arrest in a Tenderloin hotel room — this one apparently showing police officers entering a room without a warrant, attacking an unarmed bystander, and stealing a resident’s duffle bag — has set off a wide range of investigations. But what’s really disturbing is that the video is all too typical of what seems to be business as usual among undercover narcotics detectives. In fact, a series of recent security videos show San Francisco cops doing one thing — and reporting something else.

“We’ve yet to run across a single video that matches up with what the police swear to in their report,” noted Chief Public Defender Attorney Matt Gonzalez.

We’re not talking about one police station, one crew, or one rogue cop. This is, to all available evidence, a pattern of rotten behavior in the department. It’s impossible to believe that these are just a few isolated incidents — or that the problems are concentrated in the lower ranks. If command-level officers didn’t know what was going on, then they’re incompetent. If they knew — which is far more likely — then they were covering up.

That’s nothing new in the old boy’s club that is the San Francisco Police Department. While the criminal cases against senior cops in the Fajitagate scandal went nowhere, the evidence strongly suggested that a cover-up had been ordered and executed at all levels.

In that case, Terence Hallinan, the district attorney, took the lead in trying to hold the cops accountable. But now the person running the D.A.’s Office — former Police Chief George Gascón — is politically paralyzed. Gascón can’t investigate systemic corruption in a department that until recently he was running. He can’t, at this point, even seem to figure out which cases he can take and which he can’t. He hasn’t adopted and made public a conflict of interest policy for himself and his office. And any honest policy would make it impossible for him to get involved in any action involving his former employees.

This is, to put it mildly, the exact reason why police chiefs don’t become district attorneys, why Gavin Newsom’s parting shot to the city has badly damaged the credibility of local law enforcement. It’s also the strongest argument possible for the election of a new district attorney.

David Onek, one of the candidates challenging Gascón, has called for a conflict of interest policy saying, “The people of San Francisco deserve and demand a district attorney who will avoid clear conflicts of interest as a matter of policy — rather than personal whim.” That’s a no-brainer. But the problem goes deeper. As Sharmin Bock, a veteran Alameda County prosecutor who is also running for Gascón’s job, noted, there’s no policy that can address this problem. If Gascón punts all investigations of the SFPD to the FBI or the state attorney general, he’s not only giving up local jurisdiction, he’s vastly increasingly the likelihood that nothing will ever happen. The FBI has limited jurisdiction; the Attorney General’s Office isn’t set up to do this kind of work.

“The only answer,” she said, “is a different D.A.”

Gascón needs to deal with this situation immediately, publicly, and credibly. Perhaps the city needs an independent special prosecutor, someone outside Gascón’s office but with full authority to seek indictments (paid for out of Gascón’s budget, since he created this mess.) Because if he can’t find a solution, he’s going to have a hard time convincing anyone he deserves to stay on the job. 

 

Editorial: Gascón’s essential conflict

0

 

The latest video of a police arrest in a Tenderloin hotel room — this one apparently showing police officers entering a room without a warrant, attacking an unarmed bystander, and stealing a resident’s duffle bag — has set off a wide range of investigations. But what’s really disturbing is that the video is all too typical of what seems to be business as usual among undercover narcotics detectives. In fact, a series of recent security videos show San Francisco cops doing one thing — and reporting something else.

“We’ve yet to run across a single video that matches up with what the police swear to in their report,” noted Chief Public Defender Attorney Matt Gonzalez.

We’re not talking about one police station, one crew, or one rogue cop. This is, to all available evidence, a pattern of rotten behavior in the department. It’s impossible to believe that these are just a few isolated incidents — or that the problems are concentrated in the lower ranks. If command-level officers didn’t know what was going on, then they’re incompetent. If they knew — which is far more likely — then they were covering up.

That’s nothing new in the old boy’s club that is the San Francisco Police Department. While the criminal cases against senior cops in the Fajitagate scandal went nowhere, the evidence strongly suggested that a cover-up had been ordered and executed at all levels.

In that case, Terence Hallinan, the district attorney, took the lead in trying to hold the cops accountable. But now the person running the D.A.’s Office — former Police Chief George Gascón — is politically paralyzed. Gascón can’t investigate systemic corruption in a department that until recently he was running. He can’t, at this point, even seem to figure out which cases he can take and which he can’t. He hasn’t adopted and made public a conflict of interest policy for himself and his office. And any honest policy would make it impossible for him to get involved in any action involving his former employees.

This is, to put it mildly, the exact reason why police chiefs don’t become district attorneys, why Gavin Newsom’s parting shot to the city has badly damaged the credibility of local law enforcement. It’s also the strongest argument possible for the election of a new district attorney.

David Onek, one of the candidates challenging Gascón, has called for a conflict of interest policy saying, “The people of San Francisco deserve and demand a district attorney who will avoid clear conflicts of interest as a matter of policy — rather than personal whim.” That’s a no-brainer. But the problem goes deeper. As Sharmin Bock, a veteran Alameda County prosecutor who is also running for Gascón’s job, noted, there’s no policy that can address this problem. If Gascón punts all investigations of the SFPD to the FBI or the state attorney general, he’s not only giving up local jurisdiction, he’s vastly increasingly the likelihood that nothing will ever happen. The FBI has limited jurisdiction; the Attorney General’s Office isn’t set up to do this kind of work.

“The only answer,” she said, “is a different D.A.”

Gascón needs to deal with this situation immediately, publicly, and credibly. Perhaps the city needs an independent special prosecutor, someone outside Gascón’s office but with full authority to seek indictments (paid for out of Gascón’s budget, since he created this mess.) Because if he can’t find a solution, he’s going to have a hard time convincing anyone he deserves to stay on the job.<0x00A0><cs:5>2<c

 

Campos urges Lee to implement entire due process law

12

Text by Sarah Phelan. Photographs by Luke Thomas


After the Guardian broke the news that Mayor Ed Lee was planning to only partially implement Sup. David Campos’ due process legislation, we headed to City Hall to witness Lee announce his partial shift during question time. And afterwards, Lee told reporters that he spent the months since he was appointed reviewing the policy and talking with leaders in the city’s juvenile justice departments.


“I looked at the difference between youth with family here and youth who did not,” Lee said, noting that his decision to let youth that have family here to have their day in court is in keeping with his policy of focusing on family reunification and getting families more involved.


Lee stressed that youth with family here will still need to be enrolled in school and not be repeat offenders in order to have their day in court.


“It will be decided upon on a case by case basis,” he said.


Lee said he has had conversations with the federal government and US Immigration and Customs Enforcement (ICE) about the policy shift. “We have discussed this,” Lee said. “And we did get a very strong feeling that the federal government is a bit confused.”


Asked how far he is willing to go to defend this latest policy shift, Lee said, “I’ll take that up as it comes. President Obama is struggling with immigration right now.”


Reminded that his predecessor Mayor Gavin Newsom refused to implement any aspect of Campos’ due process legislation, even though a super-majority of the Board passed the ordinance in 2009, Lee said, “I don’t compare myself with the former mayor.”


Asked what percentage of immigrant youth that end up getting booked are “unaccompanied,” Lee said he did not have those statistics. “Check with Siffermann,” he said, referring to the head of the city’s Juvenile Probation Department.”


Lee’s announcement was met with mixed reviews among immigrant advocates.


Civil rights groups applauded Lee’s decision to immediately begin implementation of Campos’ legislation, which was passed in November 2009, restores due process for immigrant youth in the city’s juvenile justice system and ensures that innocent youth are not torn from their families for deportation.  But they also expressed disappointment that Lee will only be implementing the policy for youth who have immediate family here, and not for unaccompanied youth.  And they all urge him to fully implement what they described as Campos’ “duly-enacting, common-sense law so that all innocent youth receive protections.”


They noted that implementation of Campos’ broadly-supported law, which has been endorsed by over 70 organizations, had been stalled until today due to former Mayor Newsom’s refusal to enact the law. 


Under Newsom’s direction, Juvenile Probation reported over 160 youth to ICE at the point of arrest, prior to the youth receiving due process, based only on a juvenile probation officer’s “reasonable suspicion” that a youth is undocumented. 


Civil rights advocates note that Newsom’s problematic policy was responsible for tearing innocent youth from their families and spreading fear among immigrant residents around coming forward to cooperate with police, either as witnesses or victims of crime.  


And they observe that the policy that Juvenile Probation Department has been enforcing since the summer of 2008, and which involved reporting youth for life-altering deportation at arrest, went well above and beyond any obligations under federal law. 


They noted that, as a cadre of legal scholars, including University of San Francisco Law Professor Bill Ong Hing, have repeatedly made clear, there is no requirement imposed on city officials under federal law to ask about immigration status or to report individuals suspected of being undocumented.”


Ana Perez, executive director of Central American Resource Center, agreed.“While we appreciate Mayor Lee taking action to finally begin implementation, we are concerned that he is only implementing the policy for accompanied youth and not for youth who may be unaccompanied because they are trafficked to this country, are orphans, or are escaping persecution.”


“I’m certain it’s not for all youth,” Pérez continued. “So, it’s a small win. But what about the kids who are victims of human trafficking? The fact is we spent so much time developing a policy that was approved by a majority of the Board. So, this is bitter sweet.”


Asked what became of the criminal grand jury investigation that then US Attorney Joe Russoniello initiated in 2008, when Mayor Gavin Newsom was running for governor, and news first broke that the city was accompanying youth who weren’t here with family back to their home country, Pérez suppressed a snort. “It seems that was a bunch of empty threats to try and get the city to move to a more conservative position,” she said. “It’s been a whole new day with Obama.”


Angela Chan, staff attorney at the Asian Law Caucus said that Juvenile Probation’s prior policy of reporting innocent youth exacerbated the impact of a broken federal immigration system on local immigrant families. “We appreciate that Mayor Lee has taken this long awaited step forward because he values family unity and due process for youth,” Chan said. “However, we ask that the Mayor not exclude unaccompanied youth from receiving due process protections.”


Patricia Lee, managing attorney in the Juvenile Unit at the Public Defender’s Office also supported the demand for complete implementation of Campos’ legislation. “If you want the immigrant community to feel safe enough to cooperate with police and probation, then those agencies should not be viewed as representatives of immigration,” she said. “My clients and their families are scared of probation, they are scared of police. Selective implementation of the due process policy for only accompanied youth and not to unaccompanied youth does not solve this problem.” 


And Charles Washington, the Muni bus driver and longtime San Francisco resident, whose wife and 14 year old son were almost separated from him as a result of the prior Juvenile Probation policy, expressed concern that the policy would only be implemented for some youth. “I’m glad to see Mayor Lee is doing the right thing by implementing the due process policy,” he said. “However, he should not leave any youth, especially those who are most vulnerable, behind.”


Sup. Campos applauded the Mayor for implementing the policy while expressing disappointment that it is only partial implementation. As Campos’ stated during the Board meeting, but after Lee had already left, “This body enacted that law and that law needs to be respected.  It is not up to the executive branch to second guess the legislative branch.” 


Sup. Eric Mar added that he supports full implementation for all youth.


 And Sup. Jane Kim, who asked the Mayor during the Board’s Question Time about his plans for implementation, stated, “My hope is that he will commit to full implementation of this policy.”


But in the end, the burden fell on Campos to explain why partial due process is unjust. “This is a good first step, but it doesn’t go far enough,” Campos explained. “As I understand it, the decision Mayor Lee has taken is, that if you are a minor, and are accused of a felony, you will be given due process if you have family here. But if you are charged with a felony, but don’t have family here, then you will not be given due process. Let me begin by thanking Mayor Lee for at least taking one step in the right direction. That said, we still will not have full compliance with a law that was duly enacted by this body. Full compliance means giving every child that interacts with the juvenile justice system due process. So, {Mayor Lee’s first step] is simply not sufficient.”


Campos noted that when mayors are sworn in, they agree to uphold laws that the Board enacts. “So, the law needs to be respected,” Campos said. “It’s not up to the executive branch to second guess the legislative body. That second guessing can only be done by the courts. Therefore, we, once again, ask the mayor of San Francisco to comply with full implementation.”


Noting that a bedrock of the U.S.’ justice system is the principle that we are innocent until proven guilty, Campos said that if the mayor does not fully implement the law, as approved by the Board, “There’s a very real possibility that children that we are reporting [to ICE for possible deportation] are not guilty of what they have been accused of. So, once again, I ask the mayor to reconsider his opinion.”


Campos also noted that there are already procedures in place, within the existing juvenile justice system, to ensure that “we do not have individuals released who should not be.”


After the meeting, Campos noted that the format for the Board’s question time with the mayor currently leaves something to be desired: an opportunity for the Board to reply.


“It would be better if it would allow for some exchange, though obviously, we don’t want it to be a ‘gotcha’ game. But at this moment, it’s too rigid.”


 Asked who drafted the current Question Time format, Campos replied, “Board President David Chiu.”

Mayor Lee to partially implement Campos’ due process ordinance

1

Today at question time, Sup. Jane Kim will ask Mayor Ed Lee what his plan is to implement a due process ordinance that Sup. David Campos authored and a super majority of the Board approved in 2009, prohibiting the Juvenile Probation Department from reporting undocumented youths at the time of arrest. And according to an anonymous source, Lee will say he has decided to implement the policy, if the youth in question are “accompanied,” which means they have family here.

Immigrant advocates say Mayor Lee should be commended for his leadership in implementing the due process policy to keep immigrant families together. But they believe that Lee needs to go the whole way. “Immigrant and civil rights groups are adamant that the policy must be implemented for all youth, accompanied and unaccompanied, and this has to be immediately,” our source said. “The due process policy does not discriminate between these two groups and the policy cannot be selectively enforced.”
 
As Kim planned to point out during the Board’s question time, voters approved San Francisco’s Sanctuary City Ordinance in 1989. That ordinance prohibits our Police Department and local government officials from assisting in the prosecution of immigration enforcement unless it is required under federal or state law.

In 2009, the Board, under Campos’ leadership, passed-by a supermajority-a clarification to that ordinance to prohibit local law enforcement from reporting undocumented youths unless they are convicted of a felony. To date, this ordinance has not been followed by the City.

But in a May 9 memo to the city’s Probation Department personnel, Juvenile Probation Department Chief Probation Officer William Siffermann and Assistant Chief Probation Officer Allen Nance wrote that since revising JPD’s policy 8.12 nearly three years ago [per Mayor Gavin Newsom’s instructions], they have closely monitored JPD’s implementation of its protocols.

And after considering all perspectives and after careful review, they have decided to “modify our existing policy in a manner that aligns our Departmental policies more closely with the values inherent within San Francisco’s Sanctuary City ordinance, without compromising our balanced commitment to public safety and the best interests of the minor.”

“Effective immediately, San Francisco Juvenile Probation Department notices to the federal authorities of minor/persons booked on felonies who are suspected of being undocumented AND are accompanied (lives with a verifiable parent, guardian or blood relative in the immediate Bay Area and is enrolled in school) will be made only upon a felony adjudication, upon apprehension on an outstanding warrant, or upon issuance of a new warrant following release from custody pending adjudication,” the JPD memo reads. “Minor/persons booked on felonies who are suspected as being undocumented, AND are verified adults or unaccompanied by any verifiable parent, guardian or blood relative residing in the Bay Area, whether or not enrolled in school, will continue to be reported to the federal authorities upon determination of this status.”

“Policy 8.12 will continue to ensure that all suspected undocumented minors booked and convicted of committing a felony will continue to be reported to the federal authorities,” the JPD memo continues. ‘While the Department will neither assist nor interfere with the federal authorities’ overwhelming duties and responsibilities related to the enforcement of immigration laws, we will continue to honor their lawful detainers regarding suspected illegal immigrants.”

“We are confident that your uniform compliance with this policy adjustment will continue to reflect the Department’s interest and your professional commitment to preserving families while we discharge all of our many duties that protect public safety,” the JPD memo concludes.