George Gascon

City College execs get away with it

Zelda Bronstein
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City College execs get away with it

What a deal. Former City College Chancellor Phil Day and one of his associates have agreed to a plea bargain in the City College corruption case. There will be no jail time for Day and Stephan Herman; they’ll pay a fine ($30K for Day, $20K for Herman), make some sort of undetermined “restitution” and walk away with no felony convictions on their records. Cris Arguedas, Day’s celeb attorney (who also represents Barry Bonds), did a hell of a job turning all the years of sleaze at City College into a relatively modest non-event. Ho hum. Pay a fine (which, with his string of well-compensated jobs, he can certainly afford — he clearly paid Arguedas more than the fine will ever be), walk away. No big deal.

But as G.W. Schulz reported for us over the years, this wasn’t just a little tiny mistake. There’s been a pattern of underhanded operations out on Phelan Ave. for years — and now the office of District Attorney George Gascon is allowing it all to disappear under the well-worn rug.

Damn.

Here’s what I wonder: Does anybody really believe that Day and Herman acted alone — that nobody on the Community College Board knew what they were doing? Did the chancellor cook up this whole scheme to ship money to a bond campaign without any of the elected officials who were directly involved in that campaign realizing what was going on?

I realize that the majority of the folks on the college board today are trying to clean up the mess that Day left behind and move the institution forward, but I have always thought that there was more here than the formal legal charges indicated. And now we’ll never know.

 

 

 

 

Gascon justifies secrecy in Guardian interview

Sasha Cuttler
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Gascon justifies secrecy in Guardian interview

Three top candidates for district attorney held a joint press conference this morning calling out District Attorney George Gascon for refusing to release a controversial memo by a consultant hired by the DA’s office outlining problems with DNA analysis in the city’s crime lab, which was overseen at the time by then-Police Chief Gascon.

Instead of obeying a judge’s order that he release the document, Gascon is clinging to a thin legal interpretation that it is a work product that he can withhold, choosing instead to spend city resources appealing the ruling. Journalist Peter Jamison has repeatedly written about the memo and the crime lab in the SF Weekly, but it was the Bay Guardian who got Gascon’s most extensive comments to date on it during his endorsement interview with us last week.

Starting just after the 23 minute mark when I asked about the memo and continuing for more than 10 minutes, Gascon – who earlier presented himself as one of the state’s most progressive law enforcement officials – takes credit for exposing problems with the crime lab but offers a fairly tortured rationale for hiding a document that might prove embarrassing during election season.

The California Public Records Act allows limited disclosure exceptions for what’s called “work product,” or drafts of internal documents meant to be works in progress, but it doesn’t require those documents to remain secret (as with personnel records, for example). Gascon admits that he could release the document but that he chooses not to.

“There are several concerns here. This is a memo that is largely the opinions of an individual that is a work product, it is within the office of the District Attorney’s Office, and there is good public policy as to why you have work product. You want to have robust discussions and honest self assessment of what works and what doesn’t work,” he said.

We noted that the consultant, Rockne Harmon, was brought in to bring problems with the crime lab to light so they could be addressed (not attorneys discussing the strengths and weaknesses of a case, the example Gascon cited), that Harmon actually wants to memo to be released, and that no possible public harm could come from this.

Gascon even agreed with that last point, telling us, “This document is quite harmless, but it’s the concept of the ability of people to have honest self-assessment and self-critical discussions.” He said they were reviewing the judge’s ruling and “we’ll comply with the court.” Then, the very next day, he announced that he would appeal the ruling.

Clearly – as DA candidaes David Onek, Sharmin Bock, and Bill Fazio noted this morning – Gascon is hiding the document because he’s worried it will make him look bad. And as our discussion with Gascon illustrates, he is not someone who places a high value on transparency, which is a real problem given the history of damaging secrecy in both the SFPD and the DA’s office.

So give a listen to a candid discussion about a breaking news story on an important issue and weigh in with your thoughts. BTW, as an added bonus, keep listening to the interview to hear the perspective of an unlikely supporter that Gascon brought with him: attorney Matt Gonzalez, who galvanized the progressive movement with his 2003 mayoral run.

Endorsement Interviews: George Gascon

Zelda Bronstein
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Endorsement Interviews: George Gascon

George Gascon is, as far as we can determine, the only police chief in the country ever to become a district attorney. It’s put him in an odd position, particularly given the recent problems in the SFPD: He has to monitor and possibly prosecute people who used to work for him. That conflict has been a big part of the campaigns against him.

Gascon discussed the situation at length, telling us that he’s proud to be “a progressive chief of police who became district attorney.” He said that he was the one who brought some of the department’s problems (the crime lab, the lack of a Brady policy) to light. “I have taken on police corruption aggressively,” he said.

You can listen to the full interview (and see the video) after the jump.

Gascon by endorsements2011

 

The death penalty: How close, how far

Zelda Bronstein
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The death penalty: How close, how far

The Chronicle didn’t even put the news on the front page (although The New York Times did), but the execution of Troy Davis went forward more or less as scheduled Sept. 21, with news media around the world watching. It was a shameful miscarriage of justice; as the Times noted in an editorial:

Seven of nine witnesses against Mr. Davis recanted after trial. Six said the police threatened them if they did not identify Mr. Davis. The man who first told the police that Mr. Davis was the shooter later confessed to the crime. There are other reasons to doubt Mr. Davis’s guilt: There was no physical evidence linking him to the crime introduced at trial, and new ballistics evidence broke the link between him and a previous shooting that provided the motive for his conviction.

Yes the Georgia courts, and the federal courts, and the United States Supreme Court, let the state kill Davis — and now it’s too late to prove his innocence. That, of course, is the most horrible aspect of the death penalty. It’s also cruel, expensive and pointless.

But there’s a bit of good news, at least in California. I’m convinced that sentiment is changing. We’ve been interviewing candidates for San Francisco sheriff and district attorney over the past two weeks — and I can tell you, while San Francisco isn’t a good reflection of the state as a whole, attitudes among law-enforcement types in this town have changed pretty dramatically over the past ten years or so.

In 1999, Matt Gonzalez, Bill Fazion and Terence Hallinan all ran for district attorney, and Gonzales came in third. Fazio — a veteran prosecutor and tough-on-crime type, went to Gonzalez and sought his endorsment in the runoff. Gonzalez said he’d support him — if Fazio would agree never to seek the death penalty. It was a pretty easy call, since no San Francisco jury is ever going to vote for capital punishment anyway — but Fazio refused. He insisted that he was a death-penalty supporter to the end, and he lost the race.

Now, Fazio says the death penalty is a complete failure, and he would not only never seek it but he’s actively in favor of repealing it.

Just a few months ago, former police chief and current D.A. George Gascon was talking about how the death penatly ought to be one of a prosecutor’s tools — but now he utterly disavows is, says he would never seek it and is calling for repeal.

Chris Cunnie, a former president of the avowedly pro-death-penalty Police Officers Association, told us he opposes capital punishment.

And Kamala Harris, who never wavered in her refusal to seek the death penalty, even for the killing of a cop, managed to get elected attorney general of California.

So there’s hope.

 

 

Will progressives prevail at DCCC? — UPDATED

Sasha Cuttler
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Will progressives prevail at DCCC? — UPDATED

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

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

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

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

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

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

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

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

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

Where’s Gascon on Ammiano’s pot bill?

Zelda Bronstein
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4
Where’s Gascon on Ammiano’s pot bill?

Some very good news from Sacramento (and since good news from that part of the world is rare these days, let’s celebrate it). Assembly Member Tom Ammiano has a bill that would eliminate the mandatory felony charges for marijuana cultivation and allow district attorneys to charge some pot farmers with misdemeanors. And it’s cleared committee and is headed to the Assembly floor. The Bay Citizen has a decent wrapup on the politics (including the fact that the prison guards union isn’t going to like it — less customers).


It’s likely the Senate will go along with the bill, too — particularly since most of the district attorneys in Pot Country are supporting it. Mendocino DA David Eyster is the main sponsor. His colleagues in Humboldt, Del Norte and Lake Counties are all on board.


Oddly enough, the California District Attorneys Association still opposes the bill. The board of this august group seems to be dominated by the more conservative counties, but still: The DAs who have to deal with this issue regularly all want the bill passed. What’s up with that? Well, the spokesman for the group, Cory Salzillo, told me that the bill “send the wrong message with controlled substances generally” and that it would also give not only a prosecutor but a judge the ability to turn a potential felony into a misdemeanor. “We’re concerned about that judicial discretion,” he said.


Which seems, frankly, a little nuts — again, the four DAs who are most involved in charging people for cultivation of marijuana — the folks on the front lines, so to speak — want the bill to pass. So who decided the association position?


Salzillo says there’s a legislative committee, but since this one was controversial, it went to the full board. And guess what? There’s a San Francisco rep. on the board — Assistant D.A. Jerry Coleman. I called him to ask how the vote went down. Here’s our conversation:


Me: Hi, Mr. Coleman, I understand you’re on the board of the California DAs association and I wanted to talk to you about why that group is opposing the Ammiano marijuana bill, which the DAs of the north counties that deal with the issue all support.


Coleman: “I’m not the spokesman for that association.”


Me: Yes, but you’re on the board and I’m wondering if you voted in favor of opposing AB 1017.


Coleman: “I can’t give you an answer to that. I won’t discuss any vote. I don’t remember this one, but if I did I wouldn’t talk to you about it anyway.”


That was helpful.


Meanwhile, where’s Coleman’s boss, the San Francisco DA, George Gascon? This is a city that supports medical marijuana, has perhaps a few growers living in its city limits — and if I had to guess, about, maybe, 93 percent of the voters would agree that marijuana cultivation shouldn’t be an automatic felony. Why isn’t Gascon’s name on the list of supporters?


I dunno. His office hasn’t called me back. I’ll let you know when they do.

Guardian poll: The next district attorney

Zelda Bronstein
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0
Guardian poll: The next district attorney

George Gascon is the incumbent who should never have been given the job. David Onek is an outsider with plenty of ideas who has never prosecuted a case (of course, neither has Gascon). Sharmin Bock is a career prosecutor with no political experience. Who are you going to vote for? Or is the field still too thin? The Guardian Poll is after the jump.





Free polls from Go2poll.com

SF’s top cops differ on local control

Sasha Cuttler
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7
SF’s top cops differ on local control

The announcement by Sheriff Michael Hennessey that he won’t honor federal deportation holds for undocumented prisoners accused of low-level crimes is a great illustration of local control – which is the reason why we elect our sheriff and district attorney – but it is a concept that District Attorney George Gascon doesn’t seem to understand.

As the Guardian recently reported in a cover story by Sarah Phelan, Gascon ignored local control, civilian police oversight, and even standing police general orders as police chief by taking a highly deferential stance with the FBI and its domestic spying operations. Then, in a Chronicle op-ed on the death penalty last weekend, Gascon went even further in declaring himself to be merely a minion of higher government authorities.

While stating his opposition to capital punishment, Gascon said he wouldn’t rule out seeking the death penalty because he doesn’t think his own view or that of the vast majority of San Franciscans should determine his office’s actions. “I don’t believe district attorneys should be allowed to supplant the views of the state with those of their own,” he wrote.

That is a rather astounding statement that only an inexperienced prosecutor and an individual who has spent almost his entire career in the rigid hierarchies of police departments – rather than actually working as an attorney – would make.

“That’s where rookies make mistakes because they don’t have the experience to use their prosecutorial discretion,” said Sharmin Bock, a career prosecutor who works in the the Alameda County District Attorney’s Office, and who is running against Gascon (who did not return our calls for comment). “The DA has discretion over charging decisions and when you pick a DA it is for their discretion.”

For example, Bock cited the Three Strikes You’re Out law, which allows prosecutors to seek a sentence of 25 years to life even for the most minor crimes when they are committed by two-time felons. If all prosecutors used that full authority in every case, California’s severely overcrowded prison system would be even worse, which is one reason why prosecutors in places like San Francisco, Alameda County, and Los Angeles use their discretion and only seek Three Strikes sentencing standards for violent felons.

Similarly, in San Francisco, former DA Kamala Harris upheld her campaign pledge to never seek the death penalty, just as her predecessor Terence Hallinan used his prosecutorial discretion in dealing with local medical marijuana dispensaries or refusing to throw the book at those who committed low-level drug crimes.

Otherwise, the DA is nothing more than an administrative position, and San Francisco is forced to endure the same prosecutorial standards and values that are promulgated by intolerant conservatives from rural counties who have loaded up the Penal Code with costly and unjust new crimes and sentencing enhancements.

Hennessey understands that San Franciscans don’t want the same harsh treatment of our immigrant neighbors that the intolerant residents of Fresno, Orange, or Placer counties might demand. That why San Francisco’s elected officials made this a sanctuary city, and it’s why Hennessey told the Examiner, “I’m just doing our best to enforce local law. That’s my job.” But if Gascon thinks it’s his job to simply be an agent of the state and federal governments, perhaps San Francisco voters should cast their ballots accordingly.

Police Commission braces for another Taser debate

Sasha Cuttler And Mary Magee
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Police Commission braces for another Taser debate

The San Francisco Police Department, police commissioners, and community advocates are gearing up for another debate about whether or not SFPD officers should carry and use Tasers. The hearing will be held at tomorrow’s Feb. 23 police commission meeting.

Interim Police Chief Jeff Godown — carrying forward a plan that originated with his predecessor, former police chief George Gascon — called for a hearing on the Taser proposal, according to a Police Commission spokesperson. If it wins approval, the SFPD will begin conducting research to develop training and policy guidelines for the SFPD to implement Tasers. The issue has ignited fierce debate in the past, and resistance is likely to be revived on this go-round.

Last year, the commission rejected Gascon’s proposal to add Tasers to police officers’ use-of-force options. Now, Commissioner Angela Chan, who was appointed last year by the San Francisco Board of Supervisors after the proposal had been defeated, is emerging as a voice of dissent.

Chan submitted a handful of reports published by American Civil Liberties Union (ACLU), Amnesty International, and other sources critical of Tasers for commissioners to review prior to the meeting. She’s also preparing a 45-minute presentation highlighting concerns about the weapons.

The SFPD will give its own 45-minute presentation to try and convince commissioners that it should be allowed to move forward with the plan this time. “It’s another tool for officers to use when encountering violent persons,” noted Sgt. Mike Andraychak, a police spokesperson.

Andraychak said it was too soon to provide any details about whether the Taser proposal would take the form of a pilot program, or be implemented all at once. He did not have specific information about how training would be developed, how the department planned to solicit input from various communities, or how long the department expected to be working on a draft policy if the police commission granted approval. Chak did note that if the SFPD moves forward, it may host town hall meetings about Tasers.

The Feb. 23 police commission meeting is likely to bring vociferous community opposition. The Coalition on Homelessness (COH) and a number of other community-based organizations are encouraging people to attend the meeting and speak during public comment.

In a letter submitted to the police commission, Asian and Southeast Asian Societies, Causa Justa (Just Cause), The Harvey Milk LGBT Democratic Club, COH, and other community advocates point out that Tasers have been declared a form of torture by a UN torture panel, and cite a University of Calfornia San Francisco study finding that police shootings more than doubled in the first full year of Taser implementation.

The community organizations also pointed out that Tasers are manufactured in Scottsdale, Ariz. — and San Francisco is still boycotting Arizona for enacting SB 1070, a bill that has drawn widespread criticism for encouraging racial profiling. Meanwhile, in a lean budget year, the cost of implementing Tasers is estimated at around $2 million, according to the letter.

Despite being turned down last time, the department has revived its Taser proposal in the wake of two officer-involved shootings early this year, including one that struck a mentally ill, wheelchair-bound man who was brandishing a knife. That case came under scrutiny after it was caught on a phone camera and posted to YouTube.

Following that incident, Gascon suggested that the outcome may have been different if officers had the option of deploying Tasers.

Yet Allen Hopper, police practices director at the ACLU, questions the idea that deploying a Taser would have been the correct response in that circumstance — especially in light of a recent Police Commission vote to strengthen SFPD practices when encountering people with mental illness. The Commission recently directed the SFPD to establish a Crisis Intervention Team (CIT), based on a policing model that emphasizes deescalation. Yet Hopper says deploying a Taser would achieve just the opposite.

“We think it’s putting the cart before the horse to give the police Tasers before they put that plan into effect,” Hopper said. People with mental-health problems, he added, are more likely to be on strong medication, or prone to excited emotional states and rapid heart rates — all of which could place them at a higher risk for serious injury or even death if struck with a Taser.

Counted among a class of weapons called conducted energy devices, Tasers deliver a painful electric jolt when deployed, temporarily immobilizing a subject by disrupting the central nervous system and causing involuntary muscle contractions. While they tend to be hailed by law enforcement as non-lethal alternatives to firearms, human-rights organizations have criticized Tasers because accidental deaths have been linked to their use. According to a report by Amnesty International, more than 330 people were reported to have died in the last decade after being struck by police Tasers. While not all of those deaths were directly attributed to the Tasers in coroners’ reports, many of the people who died were found to be in “excited states of delirium” or under the influence of illegal drugs or prescription medications when they were Tasered.

They have issues: Members of the new Board speak

Mary Magee
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Board President David Chiu touched off a broad political discussion in recent weeks with his statement that officials were elected “not to take positions, but to get things done.” Delivered just before his reelection as Board President with the solid backing of the board’s moderate faction, Chiu’s comment has been viewed in light of City Hall’s shifting political dynamic, a subject the Guardian explores in a Jan. 19 cover story. Politics aside, Chiu’s statement also begs the question: Just what do members of the board hope to get done, and how do they propose to accomplish the items on their agenda?
Last week, Guardian reporters tracked down every member of the board to find out. We asked, what are your top priorities? And how do you plan to achieve them? Some spoke with us for 25 minutes, and others spoke for just 5 minutes, but the result offers some insight into what’s on their radar. Not surprisingly, getting the budget right was mentioned by virtually everyone as a top priority, but there are sharp differences in opinion in terms of how to do that. Several supervisors, particularly those in the moderate wing, mentioned ballooning pension and healthcare costs. Aiding small business also emerged as a priority shared by multiple board members.

Sup. Eric Mar
District 1

Issues:
*Budget
*Assisting small businesses
*Programs and services for seniors
*Food Security
*Issues surrounding Golden Gate Park

Elected in 2008 to represent D1, Sup. Eric Mar has been named chair of the powerful Land Use & Economic Development Committee and vice chair of the City Operations and Neighborhood Services Committee.

Asked to name his top priorities, Mar said, “A humane budget that protects the safety net and services to the must vulnerable people in San Francisco is kind of the critical, top priority.”

It’s bound to be difficult, he added. “That’s why I wish it could have been a progressive that was chairing the budget process. Now, we have to work with Carmen Chu to ensure that it’s a fair, transparent process.”

A second issue hovering near the top of Mar’s agenda is lending a helping hand to the small businesses of the Richmond District. “There’s a lot of anxiety about the economic climate for small business. We’re trying to work closely with some of the merchant associations and come up with ideas on how the city government can be more supportive,” he said. Mar also spoke about the need to respond to the threat of big box stores, such as PetCo, that could move in and harm neighborhood merchants. “I’m worried about too many of the big box stores trying to come in with an urban strategy and saying that they’re different — but they sure have an unfair advantage,” he noted.

Programs and services for the senior population ranked high on his list. Mar noted that he’d been working with senior groups on how to respond to a budget analyst’s report showing a ballooning need for housing – especially affordable housing – for seniors. “It’s moving from the Baby Boom generation to the Senior Boomers, and I think the population, if I’m not mistaken, by 2020 it’s going up 50 percent,” he said. “It’s a huge booming population that I don’t think we’re ready to address.”

Addressing food security issues through the Food Security Task Force also ranked high on Mar’s list, and he noted that he’s been working with a coalition that includes UCSF and the Department of Public Health to study the problem. “We’ve had a number of strategy meetings already, but we’re trying to launch different efforts to create healthier food access in many of our lowest income neighborhoods,” Mar said.

Finally, Mar talked about issues relating to the park. “I do represent the district that has Golden Gate Park, so I’m often busy with efforts to preserve the park, prevent privatization, and ensure enjoyment for the many residents not just in the Richmond but throughout the city that enjoy the park.” Although it’s not technically in his district, Mar noted that he is very supportive of HANC Recycling Center – and plans to advocate on their behalf to Mayor Lee.

Sup. Mark Farrell
District 2
Issues:
*Pension reform
*Long-term economic plan for city
*Job creation
*Quality-of-life issues

Elected to replace termed-out D2 Sup. Michela Alioto-Pier, Farrell has been named vice-chair of the Government Audits & Oversight Committee and a member of the Rules Committee. A native of D2, Farrell told the Guardian he believes his roots in the city and background as a venture capitalist would be an asset to the city’s legislative body. “I know at the last board, Carmen [Chu] was the only one who had any finance background,” he said. “To have someone come from the private sector with a business / finance background, I really do believe … adds to the dialogue and the discussion here at City Hall.”

Along those lines, Farrell said one of his top priorities is the budget. “I’m not on the budget and finance committee this time around, but given my background, I am going to play a role in that,” he said.

So what’s his plan for closing the budget deficit? In response, he alluded to slashing services. “In the past, there have been views that we as a city don’t provide enough services and we need to raise revenues to provide more, or the perspective that we first need to live within our means and then provide more services. Everyone’s going to disagree, but I’m in the latter camp,” he said. “I do believe we need to make some tough choices right now – whether it be head count, or whether it be looking at …pension reform. I do believe pension reform needs to be part of the dialogue. Unfortunately, it’s unsustainable.”

He also said he wanted to be part of “trying to create and focus on a framework for a long-term financial plan here in San Francisco.”

Secondly, Farrell discussed wanting to put together a “jobs bill.”

“Jobs is a big deal,” he said. “It’s something I want to focus on. There are only so many levers we can pull as a city. I think the biotech tax credits have spurred a lot of business down in Mission Bay.”

Next on Farrell’s agenda was quality-of-life issues, but rather than talk about enforcing San Francisco’s sit/lie ordinance – supported by political forces who organized under the banner of maintaining ‘quality-of-life’ – Farrell revealed that he is incensed about parking meter fines. “It is so strikingly unjust when you are 1 minute late to your parking meter and you have a $65 parking fine,” he said.

Farrell also mentioned development projects that would surely require time and attention. “CPMC is going to be a major dominant issue,” he said. He also mentioned Doyle Drive, and transitional age youth housing projects proposed in D2 – but as far as the housing project planned for the King Edward II Inn, which has generated some controversy among neighborhood groups, he didn’t take a strong position either way, saying he wanted to listen to all the stakeholders first.

Board President David Chiu
District 3
Issues:
*Budget
*Preserving neighborhood character
*Immigrant rights
*Preserving economic diversity
*Transit

Elected for a second two-year term as President of the Board, D3 Sup. David Chiu is rumored to be running in the mayor’s race, after he turned down former Mayor Gavin Newsom’s offer to appoint him as District Attorney. That offer was made after Kamala Harris won the state Attorney General’s race this fall. And when Chiu turned it down, former Mayor Gavin Newsom shocked just about everybody by appointing San Francisco Police Chief George Gascon, who is not opposed to the death penalty and was a longtime Republican before he recently registered as a Democrat, instead.

A temporary member of the Board’s Budget acommittee, Chiu is also a permanent member of the Board’s Government Audits & Oversight Committee.

Asked about his top priorities, Chiu spoke first and foremost about  “ensuring that we have a budget that works for all San Franciscans, particularly the most vulnerable.” He also said he wanted to see a different kind of budget process: “It is my hope that we do not engage in the typical, Kabuki-style budget process of years past under the last couple of mayors, where the mayor keeps under wraps for many months exactly what the thinking is on the budget, gives us something on June 1 for which we have only a couple of weeks to analyze, and then engage in the tired back-and-forth of debates in the past.” Chiu also spoke about tackling “looming pension and health care costs.”

Another priority, he said, was “Ensuring that our neighborhoods continue to remain the distinctive urban villages that they are, and protecting neighborhood character,” a goal that relates to “development, … historic preservation, [and] what we do around vacant commercial corridors.”

*Immigrant rights also made his top-five list. “I was very sad that last November we didn’t prevail in allowing all parents to have a right and a voice in school board elections,” he said, referencing ballot measure Proposition D which appeared on the November 2010 ballot. “I think we are going to reengage in discussion around Sanctuary City, another topic I have discussed twice already with Mayor Lee.”

Another issue for Chiu was  “ensuring again that hopefully San Francisco continues to remain an economically diverse city, and not just a city for the very wealthy.” He spoke about reforming city contracts: “In particular, dealing with the fact that in many areas, 70 to 80 percent of city contracts are awarded to non-San Francisco businesses. … I think there is more significant reform that needs to happen in our city contracting process.” Another economic-diversity measure, he said, was tax policy, “particularly around ensuring that our business tax is incenting the type of economic growth that we want.”

Finally, Chiu spoke about “Creating a transit-first city. This is not just about making sure MUNI is more reliable and has stable funding, but ensuring that we’re taking steps to reach a 2020 goal of 20 percent cycling in the city. Earlier this week I called for our transit agencies to look at pedestrian safety, because we are spending close to $300 million a year to deal with pedestrian deaths and injuries.”

Sup. Carmen Chu
District 4
*Budget
*Core Services
*Jobs
*Economy

Chiu has just named Sup. Carmen Chu as chair of the powerful Board and Finance Committee. And Chu, who worked as a budget analyst for Newsom’s administration, says the budget, core services, employment and the economy are her top priorities.

“My hope is that this year the budget is going to be a very collaborative and open process,” Chu said.

Chu believes workers benefits will be a central part of the budget-balancing debate.
“Any conversation about the long-term future of San Francisco’s budget has to look at the reality of where the bulk of our spending is,” she said.

Chu noted that the budget debate will have to take the state budget into account.
“At the end of the day, we need to take into account the context of the state budget, in terms of new cuts and taxes, because anything we do will be on top of the state level.

“We need to ask who do these measures really impact,” she added, noting that there were attempts to put revenue measures on the ballot last year.

Sup. Ross Mirkarimi
District 5
* Local Hire / First Source / Reentry programs
* Budget / generating revenue
* Infrastructure improvements
*Reversing MTA service cuts

With only two years left to serve on the Board, D5 Sup. Ross Mirkarimi has been named chair of the Board’s Public Safety Committee and vice-chair of the Budget and Finance Committee.

“One of my top priorities is building on and strengthening the work that I’ve already done and that Avalos is doing on mandatory local hire and First Source programs,” Mirkarimi said. He also spoke about “strengthening reentry programs for those coming out of the criminal justice system, because we still have an enormously high recidivism rate.”

The budget also ranked high on Mirkarimi’s list, and he stressed the need for “doing surgical operations on our budget to make sure that services for the vulnerable are retained, and looking for other ways to generate revenue beyond the debate of what’s going on the ballot.

“For instance, I helped lead the charge for the America’s Cup, and while the pay-off from that won’t be realized for years, the deal still needs to be massaged. What we have now is an embryonic deal that still needs to be watched.”

Mirkarimi mentioned safeguarding the city against privatization, saying one of his priorities was “retooling our budget priorities to stop the escalating practice of privatizing city services.”

 He spoke about “ongoing work citywide to make mixed-use commercial and residential infrastructure improvements, which coincide with bicycle and pedestrian improvements.”

Finally, Mirkarimi said he wanted to focus on transportation issues. “As Chair of the Transportation Authority, if I even continue to be chair, to take the lead on signature transit projects and work with the M.T.A. to reverse service cuts.”

Sup. Jane Kim
District 6
Issues:
*Jobs
*Economic Development
*Small Business
*Pedestrian Safety
*Legislation to control bedbug infestations

Elected to replace termed-out D6 Sup. Chris Daly, Kim has been named chair of the Rules Committee and a member of the Budget & Finance committee.

Kim believes that she will prove her progressive values through her work and she’s trying to take the current debate about her allegiances on the Board in her stride.

“The one thing I learned from serving on the School Board was to be really patient,” Kim told me, when our conversation turned to the issue of “progressive values.”

“I didn’t want to be President of the School Board for the first few years, because I loved pushing the envelope,” Kim added, noting that as Board President David Chiu is in the often-unenviable position of chief negotiator between the Board and the Mayor.

But with Ed Lee’s appointment as interim mayor, Kim is excited about the coming year.
“There are a lot of new opportunities, a different set of players, and it’s going to be very interesting to learn how to traverse this particular scene.”

Kim is kicking off her first term on the Board with two pieces of legislation. The first seeks to address bedbug infestations. “Particularly around enforcement, including private landlords,” Kim said, noting that there have also been bedbug problems in Housing Authority properties.

Her second immediate goal is to look at pedestrian safety, a big deal in D6, which is traversed by freeways with off-ramps leading into residential zones.
“Pedestrian safety is a unifying issue for my district, particularly for all the seniors,” Kim said, citing traffic calming, speed limit enforcement and increased pedestrian traffic, as possible approaches.

Beyond those immediate goals, Kim plans to focus on jobs, economic development and small businesses in the coming year. “What can we do to create jobs and help small businesses? That is my focus, not from a tax reduction point of view, but how can we consolidate the permitting and fees process, because small businesses are a source of local jobs.”

Kim plans to help the Mayor’s Office implement Sup. John Avalos’ local hire legislation, which interim Mayor Ed Lee supports, unlike his predecessor Mayor Gavin Newsom.

“Everyone has always liked the idea of local hire, but without any teeth, it can’t be enforced,” Kim observed. “It’s heartbreaking that young people graduate out of San Francisco Unified School District and there’s been not much more than retail jobs available.”

She noted that jobs, land use and the budget are the three overarching items on this year’s agenda. “I’m a big believer in revenue generation, but government has to come half-way by being able to articulate how it will benefit people and being able to show that it’s more than just altruistic. I think we have to figure out that balance in promoting new measures. That’s why it’s important to be strong on neighborhood and community issues, so that folks feel like government is listening and helping them. I don’t think it’s a huge ask to be responsive to that.”

Kim said she hoped the new mayor would put out a new revenue measure, enforce local hire, and implement Sup. David Campos’ legislation to ensure due process for immigrant youth.

“I think Ed can take a lot of the goodwill and unanimous support,” Kim said. “We’ve never had a mayor without an election, campaigns, and a track record. Usually mayors come in with a group of dissenters. But he is in a very unique position to do three things that are very challenging to do. I hope raising revenues is one of those three. As a big supporter of local hire, I think it helps having a mayor that is committed to implement it. And I’m hoping that Ed will implement due process for youth. For me, it’s a no brainer and Ed’s background as a former attorney  for Asian Law Caucus is a good match. Many members of my family came to the U.S. as undocumented youth, so this is very personal. Kids get picked up for no reason and misidentified. People confuse Campos and Avalos, so imagine what happens to immigrant youth.”

Sup. Sean Elsbernd
District 7
Issues:
*Parkmerced
*Enforcing Prop G
*Pension & healthcare costs
*CalTrain

With two years left to serve on the Board, D7 Sup. Sean Elsbernd has been named vice-chair of the Rules Committee and a member of the City Operations & Neighborhood Services Committee. He was congratulated by Chinatown powerbroker Rose Pak immediately after the Board voted 11-0 to nominated former City Administrator Ed Lee as interim mayor, and during Lee’s swearing-in, former Mayor Willie Brown praised Elsbernd for nominating Lee for the job.

And at the Board’s Jan. 11 meeting before the supervisors voted for Lee, Elsbernd signaled that city workers’ retirement and health benefits will be at the center of the fight to balance the budget in the coming year.

Elsbernd noted that in past years, he was accused of exaggerating the negative impacts that city employees’ benefits have on the city’s budget. “But rather than being inflated, they were deflated,” Elsbernd said, noting that benefits will soon consume 18.14 percent of payroll and will account for 26 percent in three years. “Does the budget deficit include this amount?” he asked.

And at the afterparty that followed Lee’s swearing in, Public Defender Jeff Adachi, who caused a furor last fall when he launched Measure B, which sought to reform workers’ benefits packages, told the Guardian he is not one to give up lightly. “We learned a lot from that,” Adachi said. “This is still the huge elephant in City Hall. The city’s pension liability just went up another 1 percent, which is another $30 million.”

As for priorities, Elsbernd broke it down into district, city, and regional issues. In D7, “Hands-down, without question the biggest issue … is Parkmerced,” he said, starting with understanding and managing the environmental approval process. If it gets approved, he said his top concerns was that “the tenant issue. And the overriding concern of if they sell, which I think we all think is going to happen in the near-term – do those guarantees go along with the land?”

Also related to Parkmerced was planning for the traffic conditions that the development could potentially create, which Elsbernd dubbed a “huge 19th Avenue issue.”

Citywide, Elsbernd’s top priorities included enforcing Proposition G – the voter-approved measure that requires MUNI drivers to engage in collective bargaining – and tackling pension and healthcare costs. He spoke about “making sure that MTA budget that comes to us this summer is responsive” to Prop G.

As for pension and healthcare, Elsbernd said, “I’ve already spent a good deal of time with labor talking about it, and will continue to do that.” But he declined to give further details. Asked if a revenue-generating measure could be part of the solution to that problem, Elsbernd said, “I’m not saying no to anything right now.”

On a regional level, Elsbernd’s priority was to help CalTrain deal with its crippling financial problem. He’s served on that board for the last four years. “The financial situation at CalTrain – it is without question the forgotten stepchild of Bay Area transit, and the budget is going to be hugely challenging,” he said. “I think they’ll survive, but I think they’re going to see massive reductions in services.”

Sup. Scott Wiener
District 8
Issues:
*Transportation
*Reasonable regulation of nightlife & entertainment industry
*Pension reform

Elected in November 2010 to replace termed-out D8 Sup. Bevan, Wiener has been named a temporary member of the Board’s Budget and Finance Committee and a permanent member of the Land Use and Economic Development Committee.

“Transportation is a top priority,” Wiener said. ‘That includes working with the M.T.A. to get more cabs on the street, and making sure that the M.T.A. collectively bargains effectively with its new powers, under Prop. G.”

“I’m also going to be focusing on public safety, including work around graffiti enforcement, though I’m not prepared to go public yet about what I’ll be thinking,” he said.

“Regulating nightlife and entertainment is another top priority,” Wiener continued. “I want to make sure that what we do is very thoughtful in terms of understanding the economic impacts, in terms of jobs and tax  revenues, that this segment has. With some of the unfortunate incidents that have happened, it’s really important before we jump to conclusions that we figure out what happened and why. Was it something the club did inappropriately, or was it just a fluke? That way, we can avoid making drastic changes across the board. I think we have been very reactive to some nightclub issues. I want us to be more thoughtful in taking all the factors into consideration.”

“Even if we put a revenue measure on the June or November ballot, we’d need a two-thirds majority, so realistically, it’s hard to envision successfully securing significant revenue measure before November 2012,” Wiener added. “And once you adopt a revenue measure, it takes time to implement it and revenue to come in, so it’s hard to see where we’ll get revenue that will impact the 2012 fiscal year. In the short term, for fiscal year 2011/2012, the horse is out of the barn”

“As for pension stuff, I’m going to be very engaged in that process and hopefully we will move to further rein in pension and retirement healthcare costs.”

Sup. David Campos
District 9
Issues:
*Good government
*Community policing
*Protecting immigrant youth
*Workers’ rights and healthcare

Elected in 2008, D9 Sup. David Campos has been named chair of the Board’s Government Audit & Oversight Committee and a member of the Public Safety Committee. And, ever since he declared that the progressive majority on the Board no longer exists, in the wake of the Board’s 11-0 vote for Mayor Ed Lee, Campos has found his words being used by the mainstream media as alleged evidence that the entire progressive movement is dead in San Francisco.

“They are trying to twist my words and make me into the bogey man,” Campos said, noting that his words were not a statement of defeat but a wake-up call.

“The progressive movement is very much alive,” Campos said. “The key here is that if you speak your truth, they’ll go after you, even if you do it in a respectful way. I didn’t lose my temper or go after anybody, but they are trying to make me into the next Chris Daly.”

Campos said his overarching goal this year is to keep advancing a good government agenda.

“This means not just making sure that good public policy is being pursued, but also that we do so with as much openness and transparency as possible,” he said.

As a member of the Board’s Public Safety Committee, Campos says he will focus on making sure that we have “as much community policing as possible.

He plans to focus on improving public transportation, noting that a lot of folks in his district use public transit.

And he’d like to see interim mayor Ed Lee implement the due process legislation that Campos sponsored and the former Board passed with a veto-proof majority in 2009, but Mayor Gavin Newsom refused to implement. Campos’ legislation sought to ensure that immigrant youth get their day in court before being referred to the federal immigration authorities for possible deportation, and Newsom’s refusal to implement it, left hundreds of youth at risk of being deported, without first having the opportunity to establish their innocence in a juvenile court.
‘We met with Mayor Lee today,” Campos told the Guardian Jan. 18. “And we asked him to move this forward as quickly as possible. He committed to do that and said he wants to get more informed, but I’m confident he will move this forward.”

Campos also said he’ll be focusing on issues around workers’ rights and health care.
“I want to make sure we keep making progress on those fronts,” Campos said.

“It’s been a rough couple of days,” Campos continued, circling back to the beating the press gave him for his “progressive” remarks.“But I got to keep moving, doing my work, calling it as a I see it, doing what’s right, and doing it in a respectful way. The truth is that if you talk about the progressive movement and what we have achieved, which includes universal healthcare and local hire in the last few years, you are likely to become a target.”

Sup. Malia Cohen
District 10
Issues:
*Public safety
*Jobs
*Preserving open space
*Creating Community Benefit Districts
*Ending illegal dumping
Elected to replace termed-out D10 Sup. Sophie Maxwell, Cohen has been named chair of the City & School District committee, vice chair of the Land Use and Economic Development Committee and vice chair of the Public Safety Committee.

Cohen says her top priorities are public safety, jobs, open space, which she campaigned on, as well as creating community benefits districts and putting an end to illegal dumping.

“I feel good about the votes I cast for Ed Lee as interim mayor and David Chiu as Board President. We need to partner on the implementation of local hire, and those alliances can help folks in my district, including Visitation Valley.”

“I was touched by Sup. David Campos words about the progressive majority on the Board,” she added. “I thought they were thoughtful.”

Much like Kim, Cohen believes her legislative actions will show where her values lie.
“I’d like to see a community benefits district on San Bruno and Third Street because those are two separate corridors that could use help,” Cohen said. 

She pointed to legislation that former D10 Sup. Sophie Maxwell introduced in November 2010, authorizing the Department of Public Works to expend a $350,000 grant from the Solid Waste Disposal Clean-Up Site trust fund to clean up 25 chronic illegal dumping sites.
“All the sites are on public property and are located in the southeast part of the city, in my district,” Cohen said, noting that the city receives over 16,000 reports of illegal dumping a year and spends over $2 million in cleaning them up.

Sup. John Avalos
District 11
*Implementing Local Hire
*Improving MUNI / Balboa Park BART
*Affordable housing
*Improving city and neighborhood services

Sup. John Avalos, who chaired the Budget committee last year and has just been named Chair of the Board’s City Operations and Neighborhood Services Committee, said his top priorities were implementing local hire, improving Muni and Balboa Park BART station, building affordable housing at Balboa, and improving city and neighborhood services.

“And despite not being budget chair, I’ll make sure we have the best budget we can,” Avalos added, noting that he plans to talk to labor and community based organizations about ways to increase city revenues. “But it’s hard, given that we need a two-thirds majority to pass stuff on the ballot,” he said.

Last year, Avalos helped put two measures on the ballot to increase revenues. Prop. J sought to close loopholes in the city’s current hotel tax, and asked visitors to pay a slightly higher hotel tax (about $3 a night) for three years. Prop. N, the real property transfer tax, h slightly increased the tax charged by the city on the sale of property worth more than $5 million.

Prop. J secured only 45.5 percent of the vote, thereby failing to win the necessary two-thirds majority. But it fared better than Prop. K, the competing hotel tax that Newsom put on the ballot at the behest of large hotel corporations and that only won 38.5 percent of the vote. Prop. K also sought to close loopholes in the hotel tax, but didn’t include a tax increase, meaning it would have contributed millions less than Prop. J.

But Prop. N did pass. “And that should raise $45 million,” Avalos said. “So, I’ve always had my sights set on raising revenue, but making cuts is inevitable.”

George Gascon, longtime Republican

Mary Magee
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George Gascon, longtime Republican

One thing I didn’t know when I wrote about former police chief George Gascón’s shocking Jan. 9 appointment as San Francisco’s next district attorney is that he has Republican roots. But then I came across a January 10 Los Angeles Times article that revealed that in 2008, Gascón described himself to the L.A. Times “as a longtime Republican.”

Gascón is now registered as “decline-to-state” but his Republican leanings could become an issue in the D.A.’s race this November, depending on what happens between now and then, in terms of decisions Gascón makes, especially around cases the San Francisco Police Department refer to his new office.

Paul Henderson, who was D.A. Kamala Harris’ chief of staff before she won the Attorney General’s race, was rumored to be Harris’ preferred choice as her replacement. But he now finds himself in the awkward position of reporting to the man he will be running against this fall.

“I respect Gascón as a law enforcement officer and I appreciate that he called me personally to inform me of the mayor’s decision,” Henderson told me. “D.A. Gascón and I will be discussing next steps and I stand ready to help him address the pressing issues facing the office.”

Henderson said the atmosphere over at the D.A.’s office is “a little crazy these days.”

“Everyone is trying to figure out what is going to happen,” Henderson said.  “All of this happened out of the blue, out of left field.”

Or right field, if you consider Gascón’s former voter registration.

“I think a lot of people were expecting something and someone different,” Henderson observed. “That’s the reality and the truth. I know I have a lot of support, but I need a little time to weigh and evaluate things.”

Political consultant Jim Stearns told the Guardian that he believes Gascón and Newsom when they say Newsom’s offer of the post to Gascón was a spur-of-the-moment decision

“I know for a fact that [Board President] David Chiu was offered the D.A. position and that Chiu and Newsom were genuinely confused about whether Chiu was going to take it or not,” Stearns said. “Chiu had discussed it at length a long time ago and rejected the notion. But then, when the offer was actually made, he said ‘I don’t know’ for a few days. Then, when he turned it down, the Mayor’s Office was in a quandary. So, I think Newsom was trying to pull a rabbit out of the hat, but this is one of those appointments that you might not make, if you really thought about it.”

As Stearns notes, Gascón had only been SFPD Chief for 18 months, and before that he was chief in Mesa, Arizona, which as Stearns puts it, “is not what you’d call a big city.”

And while Gascón, who was former high-ranking official in the Los Angeles Police Department, has since scored high marks for reducing violent crime, there were a lot of issues between SFPD and the D.A.’s office during his tenure, leaving him at risk of being accused of conflict of interest in his new role.

Perhaps the biggest of these conflicts is the question of police misconduct, which became a political hot potato during the Attorney General’s race, when attention was brought to a law that’s been on the books since 1963, when the Supreme Court ruled in Brady vs. Maryland that the government has a duty to disclose material evidence to the defense which could tend to change the outcome of the trial.

In 1972, “Brady” was expanded to require District Attorneys to turn over any information that could impeach the credibility or veracity of a police officer’s testimony, or if an officer has a past record of falsifying reports or other conduct that could impact their truthfulness. But it turned out that San Francisco had never formalized a “Brady” policy. It’s true that Gascón as SFPD Chief requested that searches be done as far back as 1980 for any sustained discipline actions that could be interpreted as possible “Brady” issues, but his move to D.A. raises the issue afresh.

“What better way to keep a lid on it,” Stearns opined.

So far, the D.A.’s office has not released a statement on how Gascón intends to handle potential conflicts of interests, but I’ll update this post, if it does.

Stearns speculates that part of the decision to appoint Gascón was a result of the foot-dragging that went on as a result of Chiu’s indecision, allowing lots of competing camps to canvass for their preferred picks.

“The Gettys were pushing Bock,” Stearns said, referring to Alameda County Deputy District Attorney Sharmin Bock, an expert in human trafficking. “Others were pushing for [Assistant D.A.] Andy Clark, Paul Henderson, and [Deputy City Attorney] Sean Connelly [who represented the city in police excessive force cases].”

Other names floated were Chief Assistant District Attorney David Pfeifer, David Onek, senior fellow at the Berkeley Center for Criminal Justice; and San Francisco attorney John Keker.

“Newsom may have concluded that if he pushed for any of these folks, he’d be taking sides, and that if he went for Gascón, he wouldn’t be pissing anyone off,” Stearns said.

But now it seems the whole law enforcement world in San Francisco is in an uproar, as folks start to try and figure out how the appointment impacts the D.A.’s race in November.

‘The politics of a D.A.’s office is unique,” Stearns observed. “You can be thrown a curve ball at any moment. You never know what crime is going to be committed, and all of a sudden you have to make a decision that can impact the race.”

Stearns notes that Gascón has some positives going for him.
“He has fairly well-known name recognition, he had good grades, mostly, from the mainstream press for the work he has done as police chief, and it sounds like he is a pretty good manager and administrator.”

On the downside, there’s his statement that he’s “not philosophically opposed to the death penalty,” and the latest shocker that he’s been a longtime Republican.

And then there are the vagaries of running for elected office under San Francisco’s instant run-off voting (IRV) system.
“He could end up like Don Perata,” Stearns said, referring to Perata’s recent loss to Jean Quan in the race for Oakland mayor. “He could have the most money, the most endorsements and even the most votes, but no second and third place votes, and therefore he loses. But that depends on who else is going to run against him.”

Calls to David Onek, who filed in the D.A.’s race last summer and has already raised over $130,000 and collected a ton of endorsements, went unreturned, but if he gets back, I’ll be sure to post his comments here.

And as Henderson previously stated, he doesn’t plan to make any decisions until he has a substantive conversation with Gascón.

“Paul is pretty anti-death penalty, but like Gascón he came out in favor of sit-lie,” Stearns said, noting that Gascón may not feel he has to actively campaign to win in November.

“It’s a shock to the system what you have to go through to campaign in this city, especially if you believe in authority and hierarchy, and all of a sudden you have to go to every Democratic Club in town and listen to everyone’s questions and comments. But he sounds pretty serious about running, and I certainly believe that every election is competitive, so it remains to be seen what kind of candidate Gascón is and the deals he makes”.

Judge Kopp to run for D.A.?

Zelda Bronstein
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11
Judge Kopp to run for D.A.?

Yep: Quentin Kopp, the 82-year-old former supervisor, former state Senator, retired Superior Court judge and political fixture in this city for four decades, is being talked about as a potential challenger to the new district attorney, George Gascon.


I just talked to Kopp, and he confirmed that a lot of people have approached him about running in November, and while he’s not a candidate at this point, he hasn’t ruled it out. “If I do run — and I have to think about the rigors of a campaign — I would run on a platform of using the district attorney’s office to root out political corruption,” he said.


Kopp has always been fairly conservative on law-and-order issues and is a supporter of the death penalty. His political base has always been on the West side of town. But in a typically untraditional fashion, Kopp has become a bit more liberal in his later years — and has always been a strong supporter of open government and a foe of political sleaze.


And he seems to be in good health and certainly hasn’t lost his political vigor. (And, he reminds me, the legendary DA of New York, Robert Morgenthau, served past his 90th birthday.) So Kopp would be a formidable candidate in what’s shaping up to be a fairly large field.


Never a dull moment in this town.

The Sit Lie Posse can “liberate” a billboard in 10 minutes

Sasha Cuttler And Mary Magee
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The Sit Lie Posse can “liberate” a billboard in 10 minutes

A press release went out yesterday announcing that a group called the Sit Lie Posse had “liberated” six billboards and 60 bus shelters with original artwork in opposition to Proposition L, San Francisco’s proposed sit / lie ordinance. The posters bear three different images, including one featuring a “Gascon-topus,” illustrated with the face of San Francisco Police Chief George Gascon and the body of a gigantic octopus. Gascon is a strong advocate for the ordinance, which would ban sitting and lying down on San Francisco sidewalks.

While members of the posse did not provide a phone number or reveal their true identities, the Guardian did manage to get in touch via email with a spokesperson of the posse, who goes by the name Jim Rawley.

Rawley says he chose his name in honor of the character from John Steinbeck’s The Grapes of Wrath, who manages the utopian Weedpatch camp and treats the impoverished Joad family with dignity and respect. Rawley also reveals the technique the Sit Lie Posse uses to liberate bus-shelter ads, and tells us how long it takes for the crew to put up displays of their artwork throughout the city. A few of our questions and answers appear below.

San Francisco Bay Guardian: Does the Sit Lie Posse have a budget? If so, how much?
Jim Rawley: The Sit Lie Posse is a volunteer group unaffiliated with any electoral campaign. We made our guerrilla ads by hand and paid for our materials out of pocket. It cost us $150 to liberate six billboards and 60 bus shelter ads.

 
SFBG: How long does it take to liberate a billboard? How about a bus shelter ad? Does the posse use wheat-paste?
JR: Our billboards took about 10 minutes and the bus shelters took 2-3 minutes. We accessed the bus shelters using a master key and attached our work with Velcro, the industry standard for bus shelters because of quick, easy insertion. We attached our billboards with wheat-paste. Despite the efforts of Clear Channel and a heavy rainstorm, our bus shelters and billboards are still up.

 

SFBG: The Sit / Lie Posse has created quite a stir. C.W. Nevius writes in this morning’s column: “Opponents are attempting to make a comparison with the civil rights movement in the South in the ’50s and ’60s. Apparently their view is that an unkempt panhandler camping on the sidewalk equates to the Freedom Riders opposing racial discrimination. Weird.” What would you say to Nevius in response?

 JR: We expected that the Chronicle would try to ridicule, belittle and smear our work, especially since C.W. Nevius and his advocacy columns instigated Prop L. In the 1950s and 60s civil rights workers were maligned by the mainstream press, harassed by the police and subject to physical violence. It takes time for social movements to gain legitimacy in the eyes of the state and the corporate media. In their own words, Chronicle columnist C.W. Nevius and Police Chief George Gascon have said that Prop L enforcement would exclude tourists and center on the homeless. Regardless of your opinion on homelessness, it’s clearly discrimination when the law is based upon a person’s appearance and applies only to certain groups – the poor and people of color. Even more so when the stated intent of the enforcement is to drive certain people out of a neighborhood. This is San Francisco’s kindler, gentler version of Jim Crow segregation.

 

SFBG: What was the inspiration behind the Gascon-topus?

JR: We came up with the Gascon-topus as a reference to sci-fi movie posters. Prop L will give unchecked power to the police to conduct unconstitutional searches and arrests. In the face of such a monstrous attack on civil liberties, we wanted to respond with wit, humor and satire.

 

SFBG: Why do you think it’s important to fight against expanded policing in public space?

JR: It’s important to fight additional policing in pubic space to preserve our civil liberties and to save the character of San Francisco. Most San Franciscans don’t want to sacrifice the city’s diversity and rebellious creativity in order to recreate San Francisco as one massive, sanitized shopping mall with all action controlled by the police. Most San Franciscans don’t want undocumented immigrants and day laborers to be deported after a bogus bust for sitting. Most people don’t want to see the poor disqualified from government housing because they committed the crime of sitting. Most people don’t want to be subjected to unconstitutional drug searches after being detained for sitting, nor do people want to see parolees sent back to prison for the crime of sitting. Public space and civil liberties are vital to a healthy democracy. Public space is the only area beyond private property and the marketplace where San Franciscans can come together to exercise civil rights and collectively shape the future of the city. We need to defend that space and extend it against threats from wealthy business interests and their allies in government.

Rev. Billy exorcises the demon sit-lie measure

Sasha Cuttler
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Rev. Billy exorcises the demon sit-lie measure

This afternoon in the Mission District, a crowd gathered to bear witness to an exorcism. Reverend Billy had come from New York City to banish the demon from SF. That demon was Prop L, an unholy measure to ban people from communing on San Francisco’s sidewalks.
“The only fundamentalism is the absence of fundamentalism!” bellowed the Rev. Bill, a former San Francisco performance artist turned pastor of NYC’s Church of Life After Shopping (which was in town to perform tonight (Mon/26) at the Victoria Theater for its Earth-a-llujah, Earth-a-llujah Revival Tour).

Rev. Billy cited constitutional dicta on behalf of civil rights: that we are all, even those without addresses, equal. The good reverend followed with a defense of the unadulterated and often unpredictable daily experience out there on the streets of San Francisco, apt to shape a human in good and thoughtful ways, that would find itself stifled if city regulations seep onto our sidewalks.

Rev. Billy’s choir ended his sidewalk sermon with a song that repeated, “Speaking freely sets us free,” and whose chorus built to:
“Standing up in public space…
Breaking in to public space…
Shouting out in public space!”

Sup. John Avalos spoke after Rev. Billy, and no sooner had he taken the mic than he accused Police Chief George Gascon of suffering a demon of his own: “hubris.” Avalos referred disapprovingly to Gascon’s previous attempts to tackle drugs and Critical Mass, the city’s monthly bicyclist phenomenon.

In reference to Prop L, Avalos shared that when he came to San Francisco, he knew “three people, had $1,000 in my pocket,” but would have been sleeping on the street if not for a friend’s couch and kindness. He called San Francisco a “sanctuary city,” where people can “find a pathway in life to something better, like I did.”

Gabriel Haaland, a Haight neighborhood resident and labor leader, took the mic and proclaimed that “I am, we are, you are, the riff raff! Because the rent is too damn high.” He questioned whether some have taken to the streets partially because of San Francisco’s high cost of living.

SF resident Selina Gomez Sutton said of Prop L: “a San Francisco without street performers and musicians? Crazy.”
But Prop L is also about something other than civil rights, street-side music, and “cleaning up” Haight Street. It’s also about tolerance.

Tellingly, just a few feet away from, and entirely throughout, Rev. Billy’s sermon, a man sat nearby barking and shouting gruffly at apparently nothing but for what (he must have thought) were good reasons indeed. I was there the entire time, and can say that not one attendee told him to stop. Perhaps they were simply jaded to such conduct — or perhaps it was because they respected his right to exist.

Beat patrols: A case study

Zelda Bronstein
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Beat patrols: A case study

If you want a case study that illustrates why San Francisco needs Proposition M, taken a look at Bernal Heights.

In 2008, two people were killed at the Alemany public housing project, topping off a disturbing increase in street crime. Neighborhood activists responded by working successfully with the captain of the Ingleside Station to a beat cop on Cortland Ave. Crime dropped.

But several weeks ago, Captain Louis Cassanego cut that foot patrol, citing the need to reallocate scarce SFPD manpower to more violent areas.

We couldn’t reach Cassanego, but at an Oct. 6th Police Commission meeting, Chief George Gascon said the beat patrol fell victim to budget problems. He explained that a beat cop on Cortland wasn’t needed anymore because the policy “was set there at a time when there was an increase in robberies… in this community that is no longer there today.”

But comminity activists say that’s precisely the point: “When we got the beat cops, crime went down,” Joseph Smooke, executive director of the Bernal Heights Neighborhood Center, told us. In fact, Smooke said, the foot patrol reduced overall crime in the surrounding neighborhoods as well.

And now, with the foot patrols gone, residents fear that crime will rise again.

Supervisor David Campos, a coauthor of Prop M, told us: “It doesn’t make sense: the community wants more policing, not less. They rightly feel that we’re moving backwards, that something they worked very hard for is being taken away.”

Prop M would hamper future foot patrol cuts by requiring the Chief of Police to prescribe a comprehensive “Foot Beat Patrol Program” for all SFPD stations.

Says community organizer Buck Bagot, who volunteers with the Bernal Height Neighborhood Center, “It’s hard not to think [Prop M] makes sense.”

Prop M could also address what Bagot and Smooke agree is the larger problem: community-police synergy. Besides mandating foot patrols, Prop M would require the Police Commission to “adopt a comprehensive written policy on community policing,” including “a plan for… open communication… among [SFPD] personnel and community members,” with a focus on “neighborhood-specific policing priorities and strategies.”

In recent years Bernal Heights community groups have fallen somewhat out of step with local police. Communication with Ingleside Station has at times been strained. The station’s former captain, David Lazar, started a program in August of 2009 that alloowed merchants and residents to call cell phones that beat cops carried on duty. Cassanego ended that program, too.

Cassanego cut the Cortland Ave beat, he compensated by extending two bike patrol beats into that area. Though Bagot is skeptical that this will be effective, losing personal access to the police irks him most. “At least if we could talk with [the cops], we could work with them…. But if they’re not going to patrol there anymore, and we can’t call them on the cell phones, then we’re kind of floating free.”

ICE suggests SF Secure-Comm opt-out possible

Mary Magee
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ICE suggests SF Secure-Comm opt-out possible

U.S. Immigration and Customs Enforcement (ICE) spokesperson Lori K. Haley sent the Guardian a statement today that suggests that ICE might change the city’s Secure-Communities activation status, after all.
“Once ICE receives the correspondence from the San Francisco County Sheriff, we will review the request and convene a meeting with the other agencies involved, including the California Department of Justice, to discuss the Sheriff’s specific issues and concerns.  Based upon those discussions, ICE and its partners will examine the options and seek a feasible resolution, which may include changing the jurisdiction’s activation status,” ICE stated.

ICE’s statement came in the wake of a conference call from SF Sheriff Mike Hennessey and SF Police Commissioner Angela Chan, who have been leading the charge to opt-out of a program that is supposed to be voluntary.

“Secure-Comm is not a federal law, it’s a program and it’s voluntary,” Chan told the Guardian.

Chan says she considers ICE’s statement a positive sign, but she insists that San Francisco be at the negotiating table, moving forward.
 “I think it’s important that ICE does not simply meet again with Attorney General Jerry Brown and not include San Francisco. Sheriff Mike Hennessey needs to be at the table,” Chan said.

ICE notes that since Secure-Comm’s activation in San Francisco in early June, the program has resulted in ICE taking custody of “89 potentially removable aliens, including 25 individuals with prior convictions for serious or violent offenses.”

“Secure Communities continues to be a vital tool for identifying potentially removable criminal aliens who’ve come into local law enforcement custody and expediting their removal from the United States,” ICE stated. “It’s a major step forward in ICE’s ongoing efforts to work with local law enforcement to prevent potentially dangerous criminal aliens from being released to our streets.”

But Chan points to an article in Bay City News, in which Hennessey clarifies that he does not have a problem with cooperating with ICE around serious criminal offenders.
“I am not unwilling to cooperate with ICE with regard to serious [offenders] charged with felonies,” Hennessey reportedly said  during today’s conference call with ICE. He also clarified that he had reported felony suspects believed to be in the country without paperwork before Secure-Comm was implemented and will continue to do so under SF’s sanctuary ordinance.

SecureComm is currently in effect in 35 California counties, including all nine Bay Area counties, Los Angeles and San Diego. Under the program, California Attorney General Jerry Brown’s Justice Department shares fingerprints of anyone booked into jail after an arrest, be it for felony or misdemeanor charges, with ICE’s databases to determine if that person is here legally.

In May, when Brown rejected Hennessey’s initial opt-out request, San Francisco Mayor Gavin Newsom backed Brown up, but police Chief George Gascon has reportedly indicated that he would like to see those arrested for minor crimes be exempted.

Today, Hennessey reminded reporters that he has already taken all the steps that ICE is recommending today to try to opt out, but that he was told in that previous go-around–by phone, no less–that opting-out was not an option.
“No meeting was held, no meeting was called, and they did not give me the courtesy of a written response,” Hennessey said.

ICE statistics’ also show that of the ten people already deported from San Francisco under Secure-Comm, only one had been convicted of a serious crime, and six had non-criminal backgrounds.
ICE’s Virginia Kice reportedly told BCN those with non-criminal histories may have had “extensive” histories of immigration-related arrests, which are typically handled administratively.

But Chan says that ICE’s latest statistics seem to prove that the program should be renamed Insecure Communities.
“This actually hurts public safety,” Chan said
      

 
 

DCCC endorsements will test progressive unity

Sasha Cuttler
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DCCC endorsements will test progressive unity

When the San Francisco Democratic County Central Committee convenes tomorrow (Aug. 11) evening to vote on its endorsements for the November races and ballot measures, the clout and unity of its slim progressive majority will be tested in a few high profile contests where the outcome isn’t entirely clear.

As I reported last week, progressives occupy only about 17 of the 33 seats, so any defectors from the slate that won in June could create some squirrely politics or backroom deals. Progressive supervisorial candidates Rafael Mandelman from District 8 and Debra Walker from District 6 are widely expected to get the top endorsements in their races, but Rebecca Prozan in D8 and Jane Kim (and possibly Jim Meko) in D6 each have some progressive supporters on the committee and could make a play for the second slot in the ranked-choice voting election. D8 candidate Scott Wiener, the former DCCC chair, will probably also try to get some kind of spot on the slate but is likely to be met with fairly unified progressive opposition.

The District 10 endorsement will be a free-for-all with no clear progressive consensus alternative to downtown-backed candidate Lynette Sweet yet emerging from the crowded field. Party chair Aaron Peskin has endorsed Malia Cohen and Tony Kelly in that race, but Chris Jackson, Dewitt Lacy, Kristine Enea, and other candidates also have progressive backing, so it could be tough for any of them to get to 17 votes at this point. But in District 2, Janet Reilly appears to have the endorsement locked down, despite a judge allowing incumbent Sup. Michela Alioto-Pier to run for a third term.

On the local ballot measures, the progressive majority is likely to endorse the revenue measures (a hotel tax increase pushed by labor, a transfer tax on properties worth over $5 million, and a small local vehicle license fee surcharge) and reject Public Defender Jeff Adachi’s measure to increase how much city employees pay for health care and into their pensions and Sup. Sean Elsbernd’s measure to end pay guarantees for Muni drivers (although not even progressives are feeling much love for the recalcitrant Transportation Workers Union these days).

The aggressive effort by the legal community to overturn the DCCC endorsement of Michael Nava for judge – waged on behalf of Judge Richard Ulmer, a recent appointee of Gov. Arnold Schwarzenegger, ostensibly over judicial independence but also as a way of sucking up to judges that lawyers want to curry favor with – is expected to fail, mostly because it requires a two-thirds vote. An ordinance to ban sitting or lying on sidewalks that is being pushed by Mayor Gavin Newsom, Police Chief George Gascon, and San Francisco Chronicle columnist CW Nevius is also likely to be soundly rejected by the party.

DCCC endorsements usually carry quite a bit of weight in heavily Democratic San Francisco, getting the candidates on party slate cards and entitling them to other party resources. Any races that don’t yield a majority endorsement this week would get pushed back to the September meeting, when the DCCC will consider school board endorsements.

The fun starts at 6 p.m. at the Unite-Here Local 2 office at 209 Golden Gate Avenue.

Chiu left out of Gascon’s Community Ambassadors loop

Mary Magee
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2

SFPD Chief George Gascon kicked off today’s press conference about a Community Ambassadors program on the Third Street corridor by saying that it’s a grassroots pilot.

“This is not a police program, it’s a community program,” Gascon said, as he introduced Adrienne Pon from the Mayor’s Office to speak about what is being framed as a trailblazing effort to address violence on public transit at a time when money is tight all around.

Board President David Chiu, Sups. Carmen Chu, Sophie Maxwell and Eric Mar, and Chinese Chamber of Commerce consultant Rose Pak were also in attendance and everyone was all smiles and put on an apparent show of solidarity for what appears to be a desperately needed program

But Chiu did not know that the press conference was happening, when I called him last night for details. I’d assumed that he would be in the loop as the Board President and the most visible of the city’s top Asian American political leaders. But as Chiu confirmed today, he only was briefed a few hours before it took place.

Asked what was going on, Chiu waxed diplomatic.
“As you know, I didn’t know about it yesterday when you called,” Chiu said. “So, when I heard about it, I called the Chief and he sent the information. I’m happy this is happening.”

Oddly, when I called the SFPD this morning to confirm that today’s press conference was happening, I was asked who had told me about it. By then, I also knew that D. 10 candidate Marlene Tran was going to be speaking at the press conference. And while it’s great that Tran is an advocate for public safety programs, it’s weird that a candidate on the November ballot was in Gascon’s press conference loop, when Board President Chiu was not.

“We are in a neighborhood with serious public safety concerns,” Chiu told reporters today. “The issues that come from one of our ethnic communities are of concern for us all.

“We are working with the Mayor’s Office and the Chief,” Chiu continued, noting that the Board has been working hard to restore funding for violence prevention programs and to ensure there is funding for a new program for translation services.

“A multi-ethnic program is the type of program we need to move the healing process forward,” Chiu said, thanking the SFPD and the District Attorney’s Office for working to help victims of violence get help and translation services.

Sup. Maxwell talked about how the Ambassadors Program will be good for seniors, young people and very very young people.
“We need to make sure we continue these kinds of programs,” Maxwell said.

Sup. Eric Mar thanked AT& T for providing cell phones to the 12 outreach workers who have been trained as Community Ambassadors.
And Pon of the Mayor’s Office promised that this would be the first of many efforts to address public safety concerns.
‘There is no place for violence in the community,” Pon said. “Any time anyone gets hurt, it rips a hole in the fabric of society. It’s not just the recent acts of physical violence and threats against some of our residents. No one should have to contend with being spit upon and name-calling and threats.”

Thanking Sharen Hewitt, Rose Pak and “the courageous community members who came forward,” Pon said the pilot program will last until mid-September and will focus on the Number 9-San Bruno bus and the T-Third line. Funding is coming from the city’s general fund and federal job stimulus funds.

“Unfortunately, those funds are going to end in September, so we’re looking for funding from the corporate community,” Pon said, referring to AT&T.

She described the Community Ambassadors program as a “non-law enforcement presence.”
“People can get along regardless of their cultural and linguistic differences,” Pon said.

AT& T California President Ken McNeely talked about his company’s “long and storied history”, noting that the first transcontinental call happened over 100 years ago and involved a call from San Francisco’s Chinatown to New York City.

“We’re in the business of really connecting people,” McNeely said.

Sup. Carmen Chu said the pilot program is the beginning of efforts to build community across ethnic lines.
“It starts to sends a message about what we want to accomplish,” Chu said.
“Crime is not something we want to see tolerated,” Chu continued.

On August 3, the Board considered legislation that Chu authored to implement higher penalties for crimes on and around Muni. Like the Community Ambassadors program, Chu’s legislation came in response to recent attacks on Asian Americans by African-American teens. In one case, a group beat a 57-year-old woman then pushed her onto the tracks. In another, an 83-year-old man died in the hospital after he was assaulted.

If passed, Chu’s legislation would increase the penalties for aggressive pursuit and loitering while carrying a concealed weapon to $1,000 if the crime occurred on or around MUNI (as opposed to $500 for the same crime committed elsewhere.) The Board also recommended that juveniles convicted of these crimes be given community service or in-home sentences instead of probation or juvenile hall.

Police Commission President Dr. Joe Marshall was also on hand today to voice his enthusiasm for the Community Ambassadors pilot.
“This is pretty cool,” Marshall said. “We got a model. I don’t know if any other cities are doing this, but they should be. I commend the ambassadors for being involved.”

And D. 10 candidate Marlene Tran said the program represented an opportunity to work “for peace and harmony.”
“This is an auspicious occasion,” Tran said, noting that there would be “double happiness” in the Asian American community over two community hubs, one in Viz Valley, the other in the Bayview.
“We encourage more collaboration amongst our community,” she said.

Rose Pak, consultant to the Chinese Chamber of Commerce, hinted that she would be squeezing more money out of AT&T.
“I knew we had a problem, and I knew who to go to,” Pak said, noting that she wasn’t not going to let AT&T “get away with pilot support.”
“I expect them to write a big check,” she said.

Pon told reporters that the Community Ambassadors speak a total of seven languages: English, Cantonese, Mandarin, Vietnamese, Spanish, Samoan and Hawaiian.

But when reporters asked how City Attorney Dennis Herrera’s newly announced gang injunction against two warring street gangs, the Down Below Gangsters and Towerside Gang, in Viz Valley, might be compromised by the Community Ambassadors program, Gascon stepped forward.
“If thoughtfully implemented, gang injunctions can be a powerful tool,” Gascon said, noting he believes the Community Ambassadors will be a model that “we’d like to take to other neighborhoods.”

But how can 12 people armed solely with AT&T cell phones and fluorescent yellow jackets tackle what seems primarily to be youth violence against Asians? And what will happen in six weeks when the pilot program’s funding dries up?
“For the past two weeks, and continuously until mid-September, they are going through training at the SFPD and the MTA,” Pon said, noting that some of this training involved cultural and linguistic competency training.

“We’re building a pilot,” Pon continued. “The phones are preprogrammed to speed dial the SFPD, and we recruited these 12 ambassadors from over a hundred candidates in the Jobs Now program’s census outreach team. So, they are used to working in public and are comfortable with working with individuals of diverse backgrounds and ethnicities.

Pon acknowledged that the pilot has a shoestring budget.
“We are seeking private and foundation funding, so I’ll be doing lots of grant writing,” Pon continued, noting that a permanent program would need “at least half a million dollar budget.”

Asked if the Mayor’s Office was kept in the loop about today’s event more than Chiu, Pon smiled.

“SFPD called the conference and we are all making sure that we are working together,” Pon said.

But AT&T’s Ken McNeely was happy to talk about his company’s efforts to provide cell phones for connecting with first responders.
“Public-private partnerships are critically important,” McNeely told the Guardian.
“We’ve made education one of our key pillars for giving back,” he said. “ For us all to do well, it’s going to take public private partnerships.”

Gascon rolls out program to address violence against Asians on Third Street

Mary Magee
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Gascon rolls out program to address violence against Asians on Third Street

SFPD Chief George Gascon will roll out a pilot program today in an effort to address  violence against Asians seniors on public transit.

A press release notes that the SFPD in conjunction with AT&T and the Office of Civic Engagement & Immigrant Affairs, which is a division of the City Administrator’s Office, has developed the San Francisco Community Ambassadors program.

“This is a pilot program, designed to enhance community awareness and safety,” the release states. “The pilot program will consist of community safety teams assigned to public transit locations in Visitation Valley and Bayview to provide a safe, visible and supportive presence for residents. This program will consist of 12 ambassadors who are from various cultural backgrounds. Many of the ambassadors are bilingual as well.”

D. 10 candidate Marlene Tran, who speaks Cantonese, Mandarin, understands Vietnamese and has taught English as a Second Language for 37 years, told the Guardian she has been working on community safety issues for 20 years. Tran also said that she recently did a bilingual survey in light of a wave of violence against seniors on the Third St. corridor.

“I have daily contact with students and residents, so I have my finger on the pulse of the community as a whole,” Tran said. “It’s a battleground out there, but for a long time no one knew about it, because many of the victims are not English speaking.”

“We want to be an integrated community,” Tran continued, “and seniors should have the flexibility to move around, but many of them don’t dare go out after 4 p.m., unless they are escorted, so having this program is a step in the right direction. Some of these cases are never reported. We need to encourage residents to be more proactive.”

Details of how the program will be funded and how long it will last remain sketchy at this point. Sharen Hewitt, founder of the Community Leadership Academy and Emergency Response Project (CLEAR), told the Guardian that she pitched the concept of having monitors on the bus some months ago, during her last meeting with Board President David Chiu and Sup. Carmen Chu.

“I suggested we take money from Trent Rohrer’s Jobs Now program to pay for it,” Hewitt said. “I also suggested we go to developers in the Bayview and engage them in a constructive conversation about donating dollars to help with translation services.”

Gascon and 12 ambassador staff will be present to speak about the program at today’s press conference, which takes place at 2:45 p.m. at 2574 San Bruno Ave.

 

Oakland and SF brace for reaction to Mehserle verdict

Sasha Cuttler
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8
Oakland and SF brace for reaction to Mehserle verdict

Oakland and San Francisco police and city officials are nervously awaiting the verdict in the murder trial of Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant on a train platform last year, although the latest word is that verdict won’t come today (July 6), and probably not tomorrow, because of the absences of two jurors.

After demonstrations against Mehserle in Oakland last year turned into destructive riots, officials fear another outbreak of violence, particularly given the racial undertones to the crime, but they are urging calm and saying they will facilitate peaceful demonstrations in reaction to however the Los Angeles jury rules.

“We anticipate that regardless of the verdict reached by the jury, demonstrations will occur in downtown Oakland, and possibly throughout the city. The City of Oakland is committed to facilitating peaceful expression and demonstrations. The City of Oakland is also prepared to deal with the situation if it turns violent. Our goal is to protect public safety and property by minimizing the vandalism and violence,” reads a memo the Mayor’s Office distributed to Oakland city employees.

Of particular concern to Oakland officials is the area around Oakland City Hall, which they want evacuated before the demonstrations begin. As the memo said, “We learned from the January 2009 BART demonstrations that 14th & Broadway and the City Hall Complex are target areas and there is some indication that history may repeat itself. City management is concerned about the safety of our employees and it may be necessary to release some city staff earlier than normal. Similar planning efforts are being considered by the State and Federal buildings as well as private employers in the surrounding area.”

In fact, witnesses say that many Oakland business owners in the area have already started to board up their storefronts in anticipation of civil unrest. Police in both Oakland and San Francisco have been placed on alert and SFPD Officer Samson Chan said all officers, even plainclothed investigators, will be in uniform from now until the verdict.

SFPD Chief George Gascon held a press conference with African-American church leaders this afternoon urging calm and announcing that community centers throughout the city will be opened to give people peaceful opportunities to express their frustrations. “They all urged people to react to the verdict in a peaceful way,” Chan said.

In a public statement accompanying the internal memo, Mayor Ron Dellums expressed sympathy with the frustrations that people may feel if Mehserle is seen as getting a lenient verdict – “We understand that the community is grieving, and we are in this together. We will get through this together.” – but he ended the message by saying, “We are asking for the community to come together, look out for one another, and stay safe. We will not tolerate destruction or violence. We live here, and we love Oakland.”

Sparks reveals her conservativism in exchange with Walker

Sasha Cuttler
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During the District 6 supervisorial candidate debate that San Francisco Young Democrats held last week, a two-question exchange between two of the leading candidates – progressive Debra Walker and downtown-backed Theresa Sparks – offered a revealing look at their starkly different worldviews and priorities, which is more important in this race than people’s machine politics conspiracy theories.

During the second portion of the event, candidates were allowed to ask a question of another candidate, and Walker and Sparks focused on one another with pointed questions (this occurred at around the 30-minute mark, although the video doesn’t seem to allow users to forward to that point, forcing you to endure the often insipid commentary).

Walker went first, asking Sparks why, during her more than four-year tenure on the Police Commission – a body in charge of disciplining police officers accused of serious misconduct after citizen complaints are investigated and found valid by the Office of Citizen Complaints, with each case assigned to a particular commissioner – Sparks didn’t hold any hearings or act to punish any officers.

Sparks said the accusation wasn’t true, and that she did hold one hearing during that time, and then said that the Police Commission is prohibited by the city charter from intervening in the internal workings of the Police Department, implying that the body isn’t actually in charge of disciplining officers. Walker said Sparks was wrong and tried to ask a follow-up question and was cut off by moderator Melissa Griffin.

So this week, I called both candidates to try to get to the bottom of the dispute. “She indicated it’s not the commission’s job to focus on these things, and that’s absolutely not the case,” Walker said. “She was incorrect saying it wasn’t the job of commissioners to do this.”

And when I talked to Sparks, she didn’t dispute that fact, but conveyed how complicated the process was when officers are accused of serious misconduct (minor misconduct just goes to the chief), with lawyers seeking stipulated settlements and whatnot, and repeatedly emphasizing “it’s a bad system.” One reason it’s so bad is her own lack of qualifications: “You can’t have people like me, whose only legal background is watching Law and Order, trying to handle these cases.”

Sparks was appointed by Mayor Gavin Newsom, who is backing her supervisorial bid, which is also expected to have strong support from the San Francisco Police Officers Association. She wouldn’t say how many cases she was assigned during her tenure, but OCC records show more than 300 cases assigned to the commission during her tenure and the long backlog left in her wake has been the subject of criticism by everyone from Police Chief George Gascon to new Police Commission Jim Hammer.

Rather than supporting this civilian oversight of problem officers, Sparks wants to turn those duties over to Gascon’s office, telling us, “We need to give this chief more authority to fire officers rather than going through this ridiculous process.”

At the debate, after seeming stung by a question she jokingly called a “softball,” Sparks fired back by asking Walker whether she supported the proposed tax measures now being considered by the Board of Supervisors to help close the city’s large budget deficit, framing the question by saying they would hurt small business.

Walker answered by voicing her support for small business, but noting how essential city services such as public health programs were being deeply cut and that the city needed new revenue to deal with its structural budget deficit, although she said that she had yet to decide which of the tax measures she supported considering none have been approved for the ballot yet.

This week, Moody’s Investor Services lowered the citys’ credit rating precisely because Newsom’s budgets have not addressed that structural budget deficit, and even the Controller’s Office has ordered more than a $100 million placed on reserve because of doubts about the mayor’s revenue assumptions.

So for Sparks to characterize the need for new revenue as an unfair attack on small business indicates a short-sighted, right-wing approach to municipal finances, an approach Walker rejects, telling us, “I think we need to be responsible and do the right thing in dealing with the city’s needs…It’s going to cost us and the people who come after us more and more because of these cuts.”

When I spoke with Sparks, noting the Moody’s report, she seemed to back away from how she was trying the characterize the revenue measures at the debate. “I do think the city needs new revenue, but I don’t think that taxing small business is the way to go,” she said, referring to a proposal by Sup. David Chiu to tax commercial rents, which would be paid by the landlords.

So I asked Sparks whether she supported any of the proposals or if she was advocating any other revenues measures, and she said, “Quite honestly, I need to think about that because I do think we need more revenue.”

Which is pretty much the same answer Walker gave in a far more honest and direct way in that debate, without trying to pander to the fears of small businesspeople. The bottom line is that the downtown corporations who are backing Sparks have done nothing to help the city during this prolonged recession, while demanding even greater police responses to deal with poor people sitting on sidewalks and other perceived problems, and that hypocrisy should be front and center in this election.

Sit /lie goes down at the Board of Supervisors

Sasha Cuttler And Mary Magee
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At the June 8 Board of Supervisors meeting, a controversial ordinance that sought to ban sitting or lying down on the sidewalk was voted down 8 to 3, with Sups. Michela Alito-Pier, Sean Elsbernd, and Carmen Chu voting in favor.

Proponents of the law, which was backed by Mayor Gavin Newsom and Police Chief George Gascon, framed it as a measure to promote “civil sidewalks.” Yet opponents believed that the law would be used as a tool against the homeless.

Alioto-Pier said the law was needed to give police a new tool for dealing with people who congregate on the streets and intimidate passersby, saying residents and businesses were bothered by “the presence of dogs or shouting.”

Yet a number of supervisors spoke forcefully against the ordinance, saying it was not an appropriate solution to the problems that Alioto-Pier and other sit/lie backers had raised concerns about.

“I don’t believe that this is the San Francisco way to to approach the challenges that we face,” said District 8 Sup. Bevan Dufty, who goes along with Newsom’s proposals more often than his progressive colleagues and is typically a swing vote on the board. Dufty referenced a former, similar San Francisco law that was ultimately repealed. “That was a law that didn’t want to see gay men congregating at 1 a.m. outside a bar,” he said. He called for a more substantive approach, saying, “We can do better.”

Sup. David Campos also spoke against it. “It doesn’t actually address the issue of civility,” he said. “The case for this legislation simply has not been made.” He noted that day laborers who wait for hours on the sidewalk in hopes of finding work could be targeted when they sit down to take a rest.

Sup. Ross Mirkarimi said he thought greater enforcement of existing laws and community policing would be more effective than the proposed ordinance. Later in the meeting, he proposed a measure to be placed on the November ballot that would require police to adopt a foot beat patrol program and a community policing policy.

The board also voted unanimously in favor of a proposal by Board President David Chiu to create a neighborhood community justice task force “to make recommendations to the Board of Supervisors regarding the creation of restorative and community justice programs.” Chiu pitched the idea as a more meaningful response to hostile behavior on the streets in neighborhoods such as the Haight, where calls for a sit /lie ordinance originated.

“We’re very pleased about what happened today,” said Andy Blue, an activist who organized a citywide campaign opposing sit / lie. But he said it wasn’t over yet, since Newsom has already moved to place the proposal on the ballot. “We know we’re going to face an uphill battle,” he said, “because we’re going to be in a campaign with some very well-funded opponents.” But Blue said he felt confident that once the information got out to San Franciscans, “they’ll vote against it in November.”

 

 

 

Sheriff: ICE referrals will leap from 2,000 to 40,000

Mary Magee
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There was a strong showing of supervisors, activists and community members at today’s rally to urge San Francisco to opt out of the Secure Communities Initiative, an automated fingerprint screening system that U.S. Immigration and Customs Enforcement (ICE) plans to switch on, in San Francisco on June 1—just two weeks ago.

The program links local law enforcement agencies to the Department of Homeland Security’s biometric system through interoperability agreements with each state. Scott Lorigan in the California Department of Justice’s Bureau of Criminal Identification and Information reportedly signed such an agreement with John P. Torres, acting assistant Secretary of ICE, over a year ago, on April 10, 2009. And according to ICE, As April 2010, biometric identification has been activated in 169 jurisdictions in 20 states:

In California, the system has already been activated in Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura.But as speakers pointed out at today’s rally, the supervisors and the communities they represent would not have even known that this system was about to go live in San Francisco, had it not been for San Francisco Sheriff Mike Hennessey, who spoke out after ICE informed local law enforcement agencies about the program three weeks ago.

Eric Quezada of Mission-based Dolores Street Community Services kicked off the rally with a rousing speech in which he warned that this “draconian Policy” was happening in the “shadow of Arizona.

Sup. Eric Mar warned that ICE’s proposed program will not make communities more safe.
”It was developed in the dead of night,” Mar said. “The police-ICE entanglement will hurt our communities and tear families apart.”

The Bush administration introduced the Secure Communities Initiative in March 2008. But as Mar observed, it is now being expanded under President Obama.“Many people accused of minor crimes will see families torn apart,” Mar said, citing statistics to show that  “90 percent of those IDed have been arrested for minor, less severe crimes.

“The shadow of Arizona is starting to cover other cities,” Mar continued. “We can’t let Arizona come to SF.”

Sheriff Hennessey told the crowd that he had written to California Attorney General Jerry Brown asking for his assistance in opting San Francisco out of the ICE program.“The Sheriff already has the authority to report foreign born folks charged with serious  felonies,” Hennessey explained.

In a May 18 letter to AG Jerry Brown, Hennessey wrote that he believed that Brown’s agency “has the technological capability to isolate by agency the information linked to ICE.”

““I ask that you isolate transactions from the San Francisco Sheriff’s Department because Secure Communities conflicts with local laws,” the Sheriff continued. “My department already has a system in place that reports individuals to ICE and I do not wish it to be replaced by Secure Communities.”

Hennessey also expressed concern about the unintended consequences of ICE technology interfacing with that of the Department of Justice’s fingerprint database, which also holds fingerprints collected for non-criminal justice purposes such as employment applications. And he warned that the number of ICE referrals could explode under the new system.
Under this system, we’ll be fingerprinting 35,000-40,000 persons annually, “ Hennessey said. “I think that’s excessive.”

Currently the Sheriff’s Dept. reports foreign-born individuals arrested on a felony crime or found during the booking process to have a felony of a previous ICE contact in their criminal histories.

‘Since 2007, the department has delivered more than 3,100 individuals to ICE, and has reported at least twice that number,” Hennessey wrote. “I would like to keep system that way.”

At the rally, Hennessey warned that the new system will widen excessively to include folks who were charged with misdemeanors, infractions and traffic violations, but failed to show up in court.

“ICE has a record of secrecy. They won’t tell me what happened to folks they picked up, they won’t say if they are still in custody, been released or deported,” Hennessey said.

Sup. John Avalos said the Secure Communities Initiative is yet another example of why the nation needs comprehensive immigration reform.
“I don’t know if we have the ability to opt out, there are a lot of obstacles in our oath, right now.”

But he warned that the nation is passing laws that “stand at odds” with the U.S. Constitution and the Bill of Rights “And we have rogue departments in the Obama administration, “ Avalos added. “ I consider ICE a rogue department. “
 
Rev. Phillip Lawson, a retired Methodist minister said he wanted to stand in solidarity with “resident aliens”.
“As black people, we know what it’s like to be aliens in our own land. And this enlarges the net of ICE. We will soon not be able to tell any difference between the police and ICE. And no one will trust the police.”

“I give thanks to the courage of folks here for instituting this attempt to say, no we will not cooperate…And we can also resist the law.”

Sup. David Campos, who provided much leadership in the last two years around the city’s sanctuary legislation, thanked Hennessey for blowing the whistle.

“None of us would have known this was happening,” Campos said. “This is the time for all San Francisco’s elected officials to stand up in support of the principles that led us to establish a sanctuary city. It’s not just the Board, but also the mayor who needs to step up and say that what just happened is not acceptable. This program eviscerates sanctuary city.”

Campos warned that the community has already lost trust in the local police, over the last two years, thanks to the city’s policy of referring juveniles to ICE when they are booked.

“If we cooperate [with SCI] that lack of trust will intensify,” he warned. “I applaud the sheriff, but we also need the police department to come forward.”

Campos laid the blame at Obama’s door.
“This is a Democratic president, who was elected with the support of the Latino and the immigrant community, but is engaging in practices worse than any other president.”

Tim Paulson, executive director of the Labor Council spoke on behalf of 150 unions in town. “Our work is dependent on the immigrant community,” He said. “Secure Communities is absolutely divisive and unconstructive. It pits worker against worker, families against families.”

Heidi Li of Asian Pacific Islander Legal Outreach warned that victims of domestic violence, trafficking and elder abuse would be at risk from ICE’s program.

“It will result in a situation where folks who need trust and assurance the most, will not feel safe and will no longer report to the police when they are the victims of abuse,” Li said.

At rally’s end, Hennessey told the Guardian, “The basis of Sanctuary city is to protect immigrants who are not doing anything wrong or serious. When ICE grabs someone who failed to pay a traffic ticket, and that person is supporting a family, I don’t think those crimes should rise to the level of deportation.”

Warning folks that folks did not know that SCI had been activated in Alameda and Contra Costa counties, Hennessey said all he can do is “raise the issue” of opting out. 

Sup. Mar told the Guardian that the request to opt out is a “unique and creative tactic.”

“We have the strong legal backing from organizations around the country, but SFPD Chief George Gascon doesn’t seem convinced,” Mar observed

Christine Gasparac, Attorney General Jerry Brown’s press secretary told the Guardian that they received Hennessey’s May 18 letter requesting to opt out and are reviewing it.

“To clarify, the California Department of Justice manages the statewide database of fingerprints that are essential to solving crimes, but we have no direct role in enforcing federal immigration laws,” Gasparac said. “We were informed by ICE yesterday that they will work with counties to opt out of their program. Because that is a process directly between the county and ICE, we are advising local authorities who want to opt out to contact ICE directly.

Virginia Kice, ICE’s Western Regional Communications Director said, “under Secure Communities jurisdictions can choose not to receive the immigration-related information on individuals who are fingerprinted, but that information will still be provided to ICE.

As April 2010, biometric identification has been activated in 169 jurisdictions in 20 states. Since it’s unclear, which communities know about the program, the Guardian is posting the list here:

In Arizona:  Cochise, Maricopa, Pima, Pinal, Santa Cruz, Yavapai and Yuma

In California Alameda, Contra Costa, Fresno, Imperial, Los Angeles, Monterey, Orange, Sacramento, San Bernadino, San Diego, San Joaquin, San Luis Obispo, Santa Barbara, Solano, Sonoma, Stanislaus, and Ventura

In Delaware: Kent, New Castle and Sussex

In Florida: Brevard, Browar, Charlotte, Clay, Collier, Duval, Escambia, Highlands, Hillsborough, Lake, Leon, Manatee, Marion,Miami Dade, Monroe, Orange, Osceola, Palm Beach, Pinellas, Polk
Sarasota, St. Johns, St. Lucie, Volusia

In Georgia: Clayton, DeKalb and Gwinnett

In Hawaii: Oahu

In Illinois: DuPage, Kane, Lake, Madison, McHenry, St. Clair, Will and Winnebago

In Lousiana: Jefferson Parrish

In Maryland: Frederick, Prince George’s, Queen Anne’s and St. Mary’s.

In Massachusetts: Suffolk

In Michigan: Wayne

In North Carolina: Brunswic, Buncombe, Cabarrus, Catawba, Columbus , Cumberland, Dare , Duplin, Durham, Gaston, Halifax, Harnett, Henderson, Jackson, Lee, Mecklenburg, New Hanover,
Orange, Transylvania, Union and Wake.

In New Mexico: Bernalillo, Dona Ana, Grant, Hidalgo, LunaOhio, Cuyahoga and Franklin

In Oklahoma: Oklahoma, TulsaOregon and Clackamas

In Pennsylvania: Bucks, Montgomery and Philadelphia

In Utah: Box Elder, Davis, Salt Lake, Utah and Weber

In Virginia: Alexandria City, Arlington, Fairfax, Fauquier, Henrico, Loudoun, Norfolk City, Prince William, Rappahannock. Richmond City and Virginia Beach City

In Texas: Bexar, Brazoria, Brewster, Brooks, Collin, Culberson, Dallas Dallas County Jail, Dallas Farmers Branch PD, Dallas Irving PD, Dallas and Collin Richardson PD, Dallas and Kaufman Mesquite PD, Dallas, Collin, Denton Carrollton PD, Denton, Dimmit, El Paso, Fort Bend, Galveston
Grayson, Harris, Hidalgo, Hudspeth, Hunt, Jeff Davis, Jefferson, Jim Wells, Johnson, Kaufman, Kenedy, Kinney, Kleberg, Maverick, McLennan, Montgomery, Nueces, Pecos, Presidio, Real, Starr, Tarrant, TDCJ, Terrell, Travis, Uvalde, Val Verde, Webb, Willacy, Williamson, Zapata and Zavala.

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