Health

Freedom of Information: Battleship metadata

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› sarah@sfbg.com

On Valentine’s Day, Assemblymember Jose Solorio (D-Santa Ana) introduced Assembly Bill 1978, legislation that seeks to define computer mapping systems and make them available to commercial interests at a fee — a one-two punch that freedom of information advocates fear constitutes a serious blow to the California Public Records Act.

Noting that computer mapping systems, computer programs, and computer graphic systems do not constitute public records under current law, Solorio’s bill seeks to amend the CPRA to define computer mapping systems to include "assembled model data, metadata, and listings of metadata, regardless of medium, and tools by which computer mapping systems are created, stored, and retrieved."

AB 1978 would also allow "commercial interests, who are most benefited by these systems, to obtain the portion of these systems developed by a public agency, at a fee designed to offset the agency’s cost of maintenance for the computer mapping systems."

But Oakland-based Bruce Joffe, who works as a geographic information consultant to cities, counties, and state agencies in California, warns that AB 1978 would allow public agencies to charge the public more for this data than the cost of duplication.

"It would severely weaken the CPRA and reduce the public’s access to government records," said Joffe, noting that as the law currently stands, CPRA requires state and local agencies to make their records available and, upon request, to provide copies on payment of any applicable fee.

Solorio aide Hazel Miranda told the Guardian that the intent of the bill is to protect software, not to restrict access to information.

"Our intent is to protect the software, not to restrict the information that is given out on it," Miranda said, noting that the bill’s sponsor is the government of Orange County. "The concern was that a lot of corporations were taking this information — and when the information is given out, you have to give out the software, too — and using it to their own benefit."

Joffe, who was the California First Amendment Coalition’s technical advisor when CFAC successfully sued Santa Clara County over access to the county’s tax maps, disagrees.

"When you give information out, you are not giving out software, you are giving out data in export format," said Joffe, who believes Solorio wants to change the law so that AB 1978’s sponsor, Orange County, which has sold its tax maps for $400,000 in the past, can continue to sell its data.

Holly Fraumeni, the AB 1978 lobbyist with the well-connected firm Putf8um Advisors, deferred questions to Bruce Matthias of Orange County’s legislative affairs, who told us, "The County of Orange has never disagreed on sharing public data. We are not trying to hide data down here. If you want it on a disk, we charge 25 cents. All we are doing is updating language in the bill. Our exclusive intent is to protect the software we’ve developed." Records show Orange County paid Putf8um Advisors $60,000 between October 1 and December 31, 2007.

CFAC executive director Peter Scheer believes AB 1978 is an attempt to take the information that CFAC has tried to make freely available and put it back under lock and key, so that it is proprietary information that can be sold.

Recalling how, years ago, the only way you could see a county’s tax maps was as an engineer’s rendering on paper, Scheer observed that when this data is computerized and made publicly available, "individuals and businesses can create all kinds of valuable tools or simply post the raw data on the Internet."

Blair Adams, chief consulting officer at San Francisco’s Department of Technology and Information Services, says the city’s GIS data has been publicly available for five years.

"We have no intent to change that," Adams said. "Our motto is ‘Go have it, and help us make it better.’<0x2009>"

But while San Francisco treats this data as a public record and copies it for the price of a blank DVD, Santa Clara and Orange counties have treated it as a revenue generator.

"They charge an arm and a leg, and another arm and leg, and whatever other appendages they can think of," said Scheer, noting that Santa Clara County charges $100,000 for a full base map of its real estate parcels — data that can be used to determine whether properties are assessed correctly, and whether pothole repairs are carried out equitably.

"Likely clients willing to purchase this data would be utilities, phone companies, and developers, who can’t do without it," Scheer said. "But public health and safety departments need access to it, too."

Joffe agrees, and it’s something he has plenty of experience with. He helps cities and counties create geographic information systems that allow ambulances to take the most efficient routes, the Department of Public Works to carry out better capital improvements, and the police to conduct better crime analysis.

"Every department uses it, and because it’s in the government system, therefore it is a public record, and the public has the right to access those records at no more cost than it takes to duplicate them," Joffe said. He added, "If AB 1978 passes, we’ll lose considerable access."

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Freedom of Information: 2007 James Madison Award winners

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Click here for details on the First Amendment Awards Dinner.

Norwin S. Yoffie Career Achievement Award

DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)


If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle.

Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s.

In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking.

More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism.

Beverly Kees Educator Award

CLIFF MAYOTTE


Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists."

The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show.

After an introduction to Documentary Theatre — a form he described as "oral history turned into performance" — the group selected a topic that was important to them, giving birth to the "Censorship Project."

The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance.

Professional Journalists

WILL DEBOARD


"Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful.

So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true."

The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career.

THOMAS PEELE


Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000.

ROLAND DE WOLK


KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest.

De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes.

"We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk.

But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said.

"Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators.

Broadcast News Outlet

KGO-TV


When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush.

"It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which."

Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over.

Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government."

Print News Outlet

SACRAMENTO BEE


The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories.

"We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening."

Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories.

Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners.

In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories."

Community Media

THE BERKELEY DAILY PLANET


One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001.

The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records."

Special Citation Award

CHAUNCEY BAILEY PROJECT


After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project — the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona — can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey.

Public Official

MARK LENO


It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade.

Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law.

So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web — and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it.

That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem.

"It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage."

Library

UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT


It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job.

As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections.

The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country.

Legal Counsel

RACHEL MATTEO-BOEHM


Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data.

The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it.

Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us.

Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public — and other counties with similar data, seeing the results of the suit, are following that rule.

The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye."

Whistleblower

DAN COOKE


When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park — where he’d been working as an historical interpreter for over a decade — was foremost on his mind. But he lost his job after the story was published — apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job.

Citizen

SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)


SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect — city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days.

"Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment."

Electronic Access

CARL MALAMUD, PUBLIC.RESOURCE.ORG


For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system.

Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 — all for access to supposedly public information.

Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge.

THE SOCIETY OF PROFESSIONAL JOURNALISTS
NORTHERN CALIFORNIA CHAPTER presents the 23RD ANNUAL JAMES MADISON FREEDOM OF INFORMATION AWARDS DINNER

MARCH 18, 2008
NEW DELHI RESTAURANT
160 ELLIS STREET
SAN FRANCISCO
No-host bar @ 5:30 p.m.
Dinner/Awards @ 6:30 p.m.

TICKETS:
$50 SPJ members & students
$70 General public
For more information, contact David Greene (dgreene@thefirstamendment.org)

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Moth Flap Heightens

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More big news on the Light Brown Apple Moth front:

California Certified Organic Farmers, one of the nation’’s oldest and largest third-party organic certifying agencies, has revoked its support of aerial spraying of organically approved pheromones.

CCOF took this decision due to what its Board of Directors describe as “potential human health and environmental concerns.”

adultLBAMoth.jpg

Instead, CCOF will support diversified ground integrated pest management approaches toward LBAM and is urging the California Department of Food and Agriculture to “pursue a diverse and precautionary approach”.

CCOF’s decision comes hard on the heels of a report that claims the moth threat has been overstated

Maybe CCOF’s withdrawal of support and Dr. Harder’s report will open up the door on the wider policy discussion here: namely, what are truly sustainable policies and practices in a steadily shrinking global economy?

To find out more about the California Department of Food and Agriculture’s spraying plans and the opposition to them, head for Marin on Thursday March 13, where Sen. Carole Midgen joins forces with Senate Environmental Safety Committee chair Sen. Joe Simitian (D-Santa Cruz) for a hearing on the state’s LBAM plans.

The March 13 hearing takes place at the Marin County Civic Center, 3501 Civic Center Drive, Room 330, San Rafael from 1-3 PM. It will feature state officials who support the spraying alongside scientists who oppose it, and include an opportunity for the public to comment.

To see CCOF’s Board of Directors full statement, keep reading::

SFIAAFF: Take one

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>Buddha Collapsed out of Shame (Hana Makhmalbaf, Iran, 2007) Buddha marks the feature debut of Hana Makhmalbaf, one of acclaimed Iranian director Mohsen Makhmalbaf’s daughters (she made her first short, The Day My Aunt Was Ill (1997), when she was only 9 years old). It has already won eight awards at different international film festivals, a fact that becomes more impressive when one considers the filmmaker’s age: she’s 19. Reminiscent of Abbas Kiarostami’s cinema, her first feature is shot in a neorealist style in Bamian, Afghanistan, and features a 5-year-old girl named Baktay (the extraordinary Nikbakht Noruz) as its main character. In following the youngster during her struggles to attend school, the film becomes a stunning exploration of how Afghanistan’s violent political history affects its youth. (Maria Komodore) March 15, 12:45 p.m., Castro; Tues/18, 8:45 p.m., Pacific Film Archive.

>Happiness (Hur Jin-ho, South Korea, 2007) One of the most adept melodramatists working in South Korea, Hur casts an affectionate, gently comic glance on the see-sawing declines and resurrections of the hard-partying, handsomely weather-beaten Young-su (the talented Hwang Jung-min), an aging club kid with a raging case of cirrhosis. Luckily, the man is able to rub a few brain cells together and get himself to a rural health retreat that specializes in detoxifying worst-case-scenarios with clean living, herb gathering, fresh air, and outrageously light exercise. Young-su is also lucky enough to win over the clinic’s sweet, fragile princess, Eun-hee (Lim Soo-jung), who suffers from lung disease and just might keel over if forced to break into anything more strenuous than a stroll. But can you keep the playboy down on the farm once his liver is back in business? (Kimberly Chun) March 15, 6 p.m., Castro; March 16, 5 p.m., PFA; March 22, 7 p.m., Camera.

Never Forever (Gina Kim, South Korea/USA, 2007) At first, it’s purely business: as a last-resort response to her Korean American husband’s infertility, Sophie (The Departed‘s Vera Farmiga, sporting an ice-blond ‘do) lurks after a Korean immigrant (Jung-woo Ha) she spots at a fertility clinic. She pays him big bucks to have sex with her and possibly make a baby — therefore saving her husband (David L. McInnis) from depression and getting his intensely Christian family off their backs. Of course, things get complicated mighty fast. Farmiga is riveting in this deliberately quiet (save its melodramatic violin-heavy score) drama, a delicate exploration of doing the wrong thing for the right reasons — and grappling with the sudden realization that wrong and right are often not so easy to define. (Cheryl Eddy) March 15, 9:15 p.m., Clay; March 16, 7:50 p.m., PFA.

>Ping Pong Playa (Jessica Yu, USA, 2007) Energetic direction by Jessica Yu — best-known for docs like the Henry Darger portrait In the Realms of the Unreal (2004) and the Oscar-winning short Breathing Lessons (1996) — perfectly complements a star-making turn by Jimmy Tsai as Christopher "C-Dub" Wang, a slacker who discovers he’s got talent as a ping-pong teacher and, eventually, competitor. Yu and Tsai cowrote the hip-hop flavored script, filled with rapid-fire dialogue and culturally targeted zingers (as when C-Dub assures an opponent, "I hope you’re hungry, because I’m about to serve you some Chinese take-out!"). Winning from start to finish, Ping Pong Playa achieves the near-impossible: it makes infectious hilarity seem entirely effortless. (Cheryl Eddy) March 14, 6:45 p.m., Clay; March 17, 9:30 p.m., Kabuki; March 22, 2:15 p.m., Camera.

Santa Mesa (Ron Morales, USA/Philippines, 2008) Ron Morales’s first feature focuses on 12-year-old Hector (Jacob Kiron Shalov) and his efforts to fit in when he’s forced to leave the United States (where he was born and raised) to be with his grandmother Lita (celebrated Filipino actor Angie Ferro) in Manila, Philippines, after his mother’s death. Despite Shalov’s awkward performance and some uneasy sentimental scenes, Mesa‘s yellow-hued cinematography attractively portrays the colorful, throbbing city, and the young boy’s eagerness to internalize his surroundings without knowing how to speak Tagalog is brave and touching. (Komodore) March 15, 7 p.m., Clay; March 22, 4:30 p.m., Camera.

>3 Days to Forever (Riri Raza, Indonesia, 2007) After a night of partying makes Ambar (Adinia Wirasti) miss a flight to her sister’s wedding, she hitches along with cousin Yusuf (Nicholas Saputra), who’s in charge of driving a set of delicate dishes to the event. Drugs, detours planned and accidental, and frank talk about what it’s like to be a rebellious teen in Indonesia (Ambar’s sister is getting married because her parents caught her having sex) — and an uncertain teen, period — color this road movie. 3 Days to Forever echoes 2001’s Y tu mamá también‘s racy tone and the-journey-is-the-life-lesson message, and boasts similarly photogenic young leads. Bonus for armchair travelers: it also makes Indonesia look like the most magical place on earth. (Cheryl Eddy) March 14, 9:30 p.m., Kabuki; March 18, 9:30 p.m., Clay; March 23, 2:15 p.m., Castro.

Traveling with Yoshitomo Nara (Koji Sakebe, Japan, 2007) Punk’s not dead! And neither are the wide-eyed little girls, drowsy dogs, and the other indelibly etched creatures that populate Yoshitomo Nara’s oeuvre: they’re alive and evolving in Nara’s studio. Koji Sakabe and his crew tail the artist as he travels to public appearances at museums and radio stations where he’s treated like a rock star; as he creates a massive village installation in his hometown of Hirosaki, Japan; and then follow Nara back to his studio, where he conjures his avatars of cuteness all by his lonesome. That’s where things get interesting: watching the bashful yet driven enigma study his own paintings, one hand on his camouflage-encased hip, and then home in with a brush on a fillip in a wide-eyed tot’s ‘do. (Kimberly Chun) March 16, 12:30 p.m., Clay; March 23, 2 p.m., Camera.

The Unseeable (Wisit Sasanatieng, Thailand, 2006) For those whose eyes are still adjusting from the ultraviolet palette of Wisit Sasanatieng’s stunning debut, the genre-bending 1999 western Tears of the Black Tiger, the clammy greens and dusky grays that hang over The Unseeable feel like so much dust on the lens that can’t be wiped off. Unfortunately, you can still see everything coming from a mile away in this ghost tale of a country mouse trapped in (where else?) a decaying mansion. At least the magical touches of 2005’s Citizen Dog seem like genuine quirks in the fabric of reality. Here, the supernatural is an excuse to trot out tired new Asian horror staples like the crazy old lady or spooky child, and the multiple twists of the Shining-aping finale only work to make an already shaky premise all the more hamstrung. (Matt Sussman) March 16, 9:45 p.m., Kabuki; March 21, 9:15 p.m., PFA; March 23, 4:45 p.m., Camera.

>> Complete Asian American Film Fest coverage

Health care paradoxes

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OPINION What does homicide in the Western Addition have to do with the closure of the worker’s compensation clinic at San Francisco General Hospital? How does a mobile methadone-treatment van affect the broader public health of San Francisco?

These are just two of the questions that University of San Francisco nursing students are asking while San Francisco residents face a public health and safety crisis.

Public health and safety are both affected by economic conditions. Nonetheless, we must all question a need-blind cutback in services to public health.

It’s the task of San Francisco nursing professors to address the following confounding paradoxes:

Homelessness Nursing students, Department of Public Health staff, and a host of individuals and organizations work together at the commendable, but intermittent, Project Homeless Connect, while midyear budget cuts will shutter Buster’s Place, the only 24-hour drop-in center that serves homeless persons every day of the year.

Mental health Last semester USF students learned that increasingly scarce hospital beds for mentally ill and impoverished San Francisco residents were going to be cut back even further. Now budget cuts are planned that will decrease services for individuals on an outpatient basis.

Violence Nursing students learn about the effectiveness of education and physical exercise in ameliorating the deplorable conditions of the city’s housing projects and streets. The Western Addition has recently suffered from a spate of shootings; it seems an odd time to close a healthy and safe alternative to the violent streets such as tennis courts.

Occupational health The Occupational Health Clinic at SF General will soon be closed. USF students want to know why they should choose to work for a public health system that puts them at high risk for hepatitis B, HIV, back injury, and exposure to violent patients.

Substance use Methadone treatment for opiate addiction is an imperfect clinical intervention, but it’s certainly better than users overdosing on the street or spreading HIV and antibiotic-resistant skin infections by sharing needles. However, methadone treatment is expensive, and an innovative program to bring it to addicts will be delayed for budget reasons.

Access to care While the city’s health plan, Healthy San Francisco, is a laudable attempt to provide optional health care coverage to more residents, the budgets of public health clinics and hospitals that provide the care are being cut back.

Public health nursing San Francisco has pioneered effective programs tackling the disproportionate infant-mortality, asthma, diabetes, and hypertension rates among African American and Latino San Francisco residents. Now the cadre of public health nurses who do this work will be reduced, and Laguna Honda Hospital is being rebuilt with fewer patient beds. Who will monitor and support the disabled and seniors in the community if not the public health nurses?

As public health nurses, we implore our elected officials to protect the most vulnerable while making difficult decisions.

Sasha J. Cuttler

Sasha Cuttler is an assistant professor at the University of San Francisco School of Nursing

Chemicals and quarantines

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› sarah@sfbg.com

As the California Department of Food and Agriculture (CDFA) pushes ahead with plans to aerially spray the Bay Area with pheromones to eradicate the light brown apple moth (LBAM), the San Francisco Board of Supervisors has signed onto state senator Carole Migden’s efforts to ask CDFA to put a moratorium on the spraying.

"We haven’t seen this level of concern and debate since the medfly days of then governor Jerry Brown," Sup. Ross Mirkarimi told the Guardian. "At this point, spraying sounds premature and reckless, even though I understand this is a nasty invasive pest."

Meanwhile, four members of the California State Assembly, including San Francisco’s Mark Leno, are working collaboratively on a group of LBAM-related measures to address health, scientific, and efficacy issues that remain unresolved since the agency’s multimillion-dollar eradication campaign began last year.

Leno’s part in this collaboration with fellow assembly members John Laird, Loni Hancock, and Jared Huffman involves demanding that CDFA complete an environmental impact report (EIR) before being able to apply pesticide in an urban area for LBAM eradication, which can be a lengthy process.

"By making this an urgency measure, it would take immediate effect," Leno told the Guardian. "We recognize that urban areas are concerned about health and safety, that LBAM is a real threat to the agricultural industry, and that the other side must be considered."

Last year, the United States Department of Agriculture (USDA) and CDFA both gave LBAM emergency status after the tiny, leaf-rolling Australian native was found in a Berkeley backyard, the first time it was confirmed in the continental United States.

As the USDA’s Larry Hawkins told the Guardian, the federal declaration of emergency allowed his department to access the Commodity Credit Corporation, a federally owned and operated entity within the USDA that supports and protects farm income and prices.

So far, the USDA has allocated $90 million to cover the costs of what Hawkins called "an expensive regulatory program," along with those of developing suitable pesticides and a nationwide survey to see if the moth has spread beyond California.

Hawkins claims the state separately declared an LBAM emergency — a move that allowed CDFA to go ahead and abate the pest — and that impacted the state’s normal EIR process.

"Emergency status doesn’t relieve [CDFA] of EIR requirements, but it allows them to do it simultaneously," Hawkins explained.

Since then some citizen activists have challenged the moth’s emergency status, claiming that there is no evidence that LBAM has severely damaged or infested local crops. But Hawkins says this purported lack of evidence proves that the government’s eradication program is working.

"We know the insect exists, that it destroys crops in other countries, and now you find the same insect here," said Hawkins, whose department has predicted that LBAM could inhabit 80 percent of the United States and nibble on 2,000 plant species.

"So, we can logically conclude it will cause damage here. The reason you haven’t seen major damage here is because we’ve found it early enough to deal with it before it becomes substantial. And the reason you won’t find reports of major LBAM damage in New Zealand or Australia is because they are constantly using pesticides," Hawkins said.

Asked if the USDA will fully disclose the ingredients of any product the state plans to use aerially, Hawkins said, "We cannot force a private company to reveal all their ingredients. But we have told all those companies that hope to provide products that they should expect to reveal them all."

Critics of the state’s pheromone spraying program observe that Suterra LLC, which manufactured the spray used over Santa Cruz and Monterey counties, refused to release the full ingredients until it was sued — and Gov. Arnold Schwarzenegger demanded immediate full disclosure.

These same critics also note that Schwarzenegger, who continues to support CDFA’s LBAM-eradication program, received $144,600 in campaign contributions from Los Angeles–based Roll International owners Stewart and Lynda Resnick, who control Suterra, Fiji Water, Paramount Agribusiness, and the Franklin Mint.

Records show the Resnicks donate broadly, mostly to Democrats — including the gubernatorial campaigns of Steve Westly and Phil Angelides, and US Sens. Hillary Clinton, John Edwards, and Barack Obama — with a lesser-size donation to Republican presidential front-runner John McCain, proving they play both sides of the fence.

With researchers testing a variety of LBAM-related products in New Zealand, Hawkins hopes to have a product formulated for California by June 1, which is when spraying is scheduled to resume in Santa Cruz and Monterey; spraying in the Bay Area is set for Aug. 1.

"We would like to give communities maximum notice, but we’re also working towards a beginning-of-June date, and as much as we’d like to insert artificial time frames, the insect couldn’t care less. It’s on a biological time table and is multiplying every day," Hawkins said.

David Dilworth of the Monterey nonprofit group Helping Our Peninsula’s Environment, which advocates the use of targeted pheromone-baited sticky traps, conceded that even if CDFA was forced to stop the aerial spraying, the USDA could spray anyway.

"But it would take them several months to organize, and we don’t believe they have the constitutional power," claimed Dilworth, whose organization is preparing a 60-day notice of intent to sue the USDA and the United States Environmental Protection Agency.

Meanwhile, organic farmers find themselves in an uncomfortable limbo that continues to shift. Take the Santa Cruz–based California Certified Organic Farmers (CCOF). Last fall, CCOF supported the aerial pheromone spray after the National Organics Program approved it, meaning sprayed farmers didn’t lose organic certification

But March 4, CCOF spokesperson Viella Shipley told the Guardian that the group is about to release a revised position on the spraying, and could not comment further "because CCOF’s government affairs committee has not yet approved this revised position."

"We lobbied for an organically approved product and supported it last fall when lots of our members were suffering because they were in quarantine and couldn’t sell beyond county lines," was all Shipley would say.

Meanwhile, organic farmers who spoke on condition of anonymity largely supported aerial spraying for economic and environmental reasons.

"If the moth isn’t dealt with now, it’ll become a bigger problem, from both an environmental and toxic perspective," one farmer told us, citing the already high costs of controlling such bugs as coddling moths and medflies.

"This is somebody else’s pest at the moment, a nonnative pest," he said. "If farmers have to start dealing with LBAM as well, they’ll be ruined."

He also cited his belief that there aren’t 40 million pheromone-soaked twist ties on the market, which is what the CDFA claims is needed to blanket infested counties from the ground up with female pheromones to confuse the males.

Nigel Walker, an organic farmer in Dixon, recalled the devastating costs of quarantine thanks to a medfly-infested mango that someone brought back from Hawaii.

"Their vacation cost me $60,000 because of lost sales," Walker said. "So, for God’s sake, don’t bring, mail, or FedEx fruit and vegetables into California, because border inspectors are looking for bombs and terrorists, not produce and moths.

"We live in a global economy, and we have trade agreements that say if one person gets a pest, you have to do something about it," Walker added. "Nobody wants to be sprayed. Even when I spray organic seaweed on my fruit trees, I wear a mask. So I understand the gut reaction. But by refusing to be sprayed, you’re punishing the wrong person — the farmer — who already has to deal with the vagaries of the weather, the marketplace, and pests like the medfly."

Chris Mittelstaedt, who lives in San Francisco with his family and runs Fruitguys, a small business that delivers organic fruit to offices, said he’s personally against the spraying. "But as a company, we are going to wait a few weeks before letting people know what we officially think or endorse as a plan of action," Mittelstaedt told us.

Other city dwellers are less ambivalent. Frank Eggers, a former Fairfax mayor who is organizing a group called Stop the Spray, said, "[World Trade Organization] stuff is driving this so-called moth emergency.

"We’re allowing other countries to quarantine our produce. And with the global economy, climate change, and travel, we’re going be facing this issue continuously. But we can’t keep putting poison on our land, or say we’ll put you in quarantine if you don’t accept our aerial bombardment," he said.

Paul Schramski, state director of Pesticide Watch, worries that the state and federal agencies are still not listening to the people of California.

"If this is not being driven by trade agreements, then I’m not sure what is the driver. We don’t have all the facts. But it’s not being driven by actual crop damage," Schramski said. "We agree that this invasive moth should be controlled, but it’s a false premise to believe that the choice is between aerial spraying or nothing. The state has known since August that the public was opposed to spraying, so why aren’t we producing more twist ties?"

CDFA, which used $500,000 in USDA funds to hire PR agency Porter Novelli last November at the height of public outcry, is currently researching pheromone products that last up to 90 days and is also planning to use pheromone-loaded twist ties, sticky traps, and stingerless parasitic wasps in its LBAM program.

"We believe this to be a biological emergency," CDFA public affairs supervisor Steve Lyle told us. "If we waited a year or two, so we could first do an EIR, we would lose the battle and become generally infested."

Ironically, California’s best hope for not being sprayed ad infinitum may lie in the discovery that the moth has spread to other states.

"It would make a significant impact if we were to find the insect established in other places," the USDA’s Hawkins told us. "It doesn’t mean we would throw up our hands and walk away, but it would remove some of the argument that the rest of America is at risk from California if other states already have it."

But until that time, Hawkins warned that if state legislators demand a moratorium, forced spraying won’t be the federal government’s only option: "Maybe California would have to be quarantined. And now we are talking about hundreds of millions of dollars."

Questioning Matt

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Matt Gonzalez consulted few of his colleagues in San Francisco’s progressive political community before announcing Feb. 28 at the National Press Club in Washington, DC, that he’ll be Ralph Nader’s running mate on another quixotic run for president.

That’s fairly typical for Gonzalez, who has tended to keep mostly his own counsel for all of his big political decisions: switching from Democrat to Green in 2000; successfully running for president of the San Francisco Board of Supervisors in 2002; jumping into the mayor’s race at the last minute the next year; abruptly deciding not to run for reelection to his supervisorial seat in 2004; and — last year — deciding against another run for mayor while being coy about his intentions until the very end.

But if he had polled those closest to him politically, Gonzalez would have learned what a difficult and divisive task he’s undertaken (something he probably knew already given what a polarizing figure Nader has become). Not one significant political official or media outlet in San Francisco has voiced support for his candidacy, and some have criticized its potential to pull support away from the Democratic Party nominee and give Republican John McCain a shot at the White House.

In fact, most of his ideological allies are enthusiastically backing the candidacy of Barack Obama, who Gonzalez targeted with an acerbic editorial titled “The Obama Craze: Count Me Out” on the local BeyondChron Web site on the eve of his announcement (while not telling BeyondChron staffers of his impending announcement, to their mild irritation).

It’s telling that all of the top Green Party leaders in San Francisco — including Sup. Ross Mirkarimi, school board president and supervisorial candidate Mark Sanchez, and Jane Kim, who got the most votes in the last school board election after Gonzalez encouraged her to run — have endorsed Barack Obama.

Mirkarimi, who ran Nader’s Northern California presidential effort in 2000 and ran Gonzalez’s 2003 mayoral campaign, has had nothing but polite words for Gonzalez in public, but he reaffirmed in a conversation with the Guardian that his support for Obama didn’t waver with news of the Nader-Gonzalez ticket.

Mirkarimi has a significant African American constituency in the Western Addition and has worked hard to build ties to those voters. He’s also got a good head for political reality — and it’s hard to blame him if he thinks that the Nader-Gonzalez effort is going nowhere and will simply cause further tensions between Greens and progressive Democrats.

Sup. Chris Daly is strongly supporting Obama and said the decision of his former colleague to run didn’t even present him with a dilemma: “It’s unfortunately not a hard one — or fortunately, depending on how you look at it.”

Daly doesn’t think the Nader-Gonzalez will have much impact on the presidential race or the issues it’s pushing. “The movement for Obama is so significant that it eclipses everything else,” Daly told us. “This is a once-in-a-lifetime opportunity to change how politics happens in this country.”

While few San Francisco progressives argue that Obama’s policy positions are perfect, Daly doesn’t agree with Gonzalez’s critique of Obama’s bad votes and statements. “I don’t understand the argument that you should only back a candidate that you agree with all the time,” Daly said. “If that was the case, I would only ever vote for myself.”

On the national level, Gonzalez told us that he was running to challenge the two-party hold on power and to help focus Nader’s campaign on issues like ballot access for independent candidates. “If I’m his running mate, then we’ll be talking about electoral reform,” he said.

On a local level, the Gonzalez move will have a complicated impact. It will, in some ways, damage his ability to play a significant role in San Francisco politics in the future. That’s in part because Gonzalez has taken himself out of the position of a leader in the local progressive movement.

San Francisco progressives don’t like lone actors: the thousands of activists in many different camps don’t always agree, but they like their representatives to be, well, representative. That means when housing activists — one of Daly’s key constituencies — need someone to carry a major piece of legislation for them, they expect Daly to be there.

Sup. Tom Ammiano hasn’t come up with his landmark bills on health care, public power, and other issues all by himself; he’s been part of a coalition that has worked at the grassroots level to support the work he’s doing in City Hall.

Daly sought to find a mayoral candidate last year through a progressive convention. That seemed a bit unorthodox to the big-time political consultants who like to see their candidates self-selected and anointed by powerful donors, but it was very much a San Francisco thing. This is a city of neighborhoods, coalitions, and interest groups that try to hold their elected officials accountable.

Obama’s politics are far from perfect, and Nader and Gonzalez have very legitimate criticisms of the Democratic candidates and important proposals for electoral reform. But right now the grassroots action in San Francisco and elsewhere in the country the movement-building excitement — is with Barack Obama. The activists who made the Gonzalez mayoral effort possible are now working on the Obama campaign.

In fact, Daly has repeatedly voiced hope that an Obama victory could help empower the progressive movement in San Francisco and give it more leverage against moderates like Mayor Gavin Newsom who support Hillary Clinton (see “Who Wants Change?” 1/30/08).

Daly said the Gonzalez decision complicates that narrative a little. “I don’t think it’s undercut,” Daly said, “but I think it’s confused a bit.”

Editor’s Notes

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› tredmond@sfbg.com

When Jerry Brown was governor of California, he was almost done in by the Mediterranean fruit fly. So he knows a thing or two about bug infestations and aerial spraying.

It was 1981, and Brown, approaching the end of his second and final term, was running for a spot in the United States Senate. He was the odds-on favorite to win the seat being vacated by the Republican S.I. Hayakawa; his chief Republican rival was a mild-mannered and hardly charismatic San Diego mayor named Pete Wilson.

But that summer, the fruit flies, known as medflies, started showing up in residential areas, mostly in gardens and fruit trees outside of San Francisco. Farmers worried that the pest could spread to the central valley and points south — and experts warned that the state stood to lose $1 billion per year if the agricultural industry got hit.

The flies breed rapidly and turn fresh fruit to mush. That would have been bad for growers. Even worse, the rest of the country was so worried about the tiny creatures that any sign of a commercial crop infestation might have led to a nationwide boycott of California produce.

Brown, still the staunch environmentalist, ordered the California Conservation Corps to strip the fruit off trees in the affected areas, and he ordered the release of millions of sterile flies to interrupt the mating cycles. As it turns out, the shipment of supposedly sterile flies from a Peruvian lab included at least some that were fertile; Brown argued that the error prevented the ecologically sound alternative from working.

But for whatever reason, the flies continued to spread — so the chorus from agribusiness got louder and louder. They wanted aerial saturation spraying of the pesticide malathion.

But Brown resisted. "All I could think about," he told me 10 years later, "was poison raining down from the sky."

That’s all a lot of environmentalists could think about too. The governor was knocked around like a ping-pong ball, to the delight of a mainstream media that never much liked or respected Jerry Brown. And in the end, he caved: helicopters, flying five abreast in military-style formation, began carpet bombing hundreds of square miles of mostly residential areas, dumping a chemical that a lot of critics argued could have untold long-term health effects.

The indecision pissed off the conservatives. The final outcome pissed off the environmentalists. Brown lost the Senate race.

When I talked to him about the decision, it was 1991 and I was writing a book — and Brown was mounting a surprisingly strong run for president. In retrospect, Brown thought the spraying was wrong. He thought he had to do it, but he felt horrible about it. Back then, he was a progressive populist.

And now he’s California’s attorney general, and he’s defending the state’s plans to bombard San Francisco, Marin, and the East Bay with an artificial pheromone wrapped in tiny plastic bubbles to eradicate the light brown apple moth (see page 10). I know all the arguments, but please: I have two little kids now. It’s a nasty chemical, raining down on us from the sky.

The medflies came back. So will the moths. Brown wants to come back to his old job too. You wonder if he’s learned anything.

No aerial spraying

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EDITORIAL The tiny light brown apple moth has become a huge environmental deal in Northern California. Ever since a retired entomologist found one in his Berkeley back yard a year ago, state and federal agencies have been in full attack mode. Now they’re preparing to send a fleet of airplanes to dump thousands of gallons of pest-control spray over San Francisco and the East Bay this summer. The aerial bombardment is likely to be ineffective — and it may have serious health impacts on humans. It’s a bad idea, and it needs to be stopped.

As Sarah Phelan, who first broke this story, reports on page 10, that won’t be easy: the California Department of Food and Agriculture is holding public hearings on the spraying but has insisted it will go forward no matter how much opposition emerges. State Sen. Carole Migden is trying to block the plan in the Legislature, but the governor will likely veto any bill she can get passed. So it may be that the only way to prevent San Franciscans from facing a pesticide carpet-bombing the first week in August is for somebody to file a lawsuit.

The moth frightens farmers because its larvae eat a wide variety of plants. The tiny caterpillars could do more than $600 million worth of damage to the state’s crops every year, the CDFA says.

The pest is native to Australia and had never before been reported on the United States mainland. So the authorities decided that the best solution was to eradicate it — and that the most effective way to do that was to drown the affected regions in a chemical called Checkmate.

Checkmate isn’t a poison, the way some of the nastier pesticides are. It contains an artificial version of a pheromone that female moths release to attract males during mating season. The idea is that if the pheromones are floating around in the air, the boy moths will get confused and never find the girls, and eventually the population will die out.

The mating scent is delivered in tiny bubbles of a plastic-type substance. Over time, the little capsules melt and the pheromone is released into the air. The way the state describes the spray, it can take up to 70 days for all of the active ingredients to become airborne. One application is supposed to last throughout the moth’s mating season.

But this theory has never been tested on a large scale, and some critics say it’s unlikely the pheromone assault will actually wipe out the brown apple moth population. If even just a few of the creatures manage to mate and produce offspring, the whole effort could be a failure.

The CDFA insists that Checkmate is totally safe for humans and pets, that it contains nothing toxic, and that the moth pheromone has no impact on anything other than this one type of insect. But the advisory label on Checkmate cans warns people who are applying the stuff to wear protective clothing and masks. The tiny capsules (which are not biodegradable) can’t be good for people with respiratory issues. Some residents of Santa Cruz and Monterey counties, where a first batch was sprayed last summer, reported health effects.

And we’ve been around long enough to distrust officials who tell us that chemicals sprayed into the air are perfectly safe. As one Vietnam veteran testified at a public hearing last week, the government used to say that Agent Orange was harmless too.

San Francisco and the East Bay are dense urban areas with millions of people — hundreds of thousands of them children. If the health impacts of massive aerial spraying of moth pheromones are not definitively known, it’s a bad idea to go forward.

We recognize that the moth is a threat to agriculture; so are thousands of other pests. Organic farmers manage to produce crops every year without dumping chemicals on them.

There was a time when a governor named Jerry Brown stood his ground and refused to allow aerial spraying of a toxic chemical called malathion to kill Mediterranean fruit flies. Ultimately he backed down and allowed the spraying — and in retrospect he admits that was a mistake. Brown is now the state’s attorney general, and there’s talk that he’d like his old job back. If he wants to demonstrate that he’s a real environmentalist, he ought to file suit to block the spraying.

Since that’s unlikely, it’s going to require an environmental group with the resources and legal support to take this to court. San Francisco’s full of them; someone needs to step forward.

On shaky ground

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› gwschultz@sfbg.com

The violations were purported to be accidental. Top administrators broke the law in two separate incidents in 2005 when they diverted a total of $30,000 belonging to City College of San Francisco to a local bond campaign committee, although they said it was an innocent mistake.

Now new documents obtained by the Guardian show an apparent pattern to this misuse of public funds. A special audit indicates that on Nov. 7, 2006, administrators from the school district transferred $38,670 to a bank account controlled by the Foundation of the City College of San Francisco, a nonprofit that seeks donations for the school and funds scholarships.

Just one day before, on Nov. 6, 2006, the foundation made a $35,000 cash contribution to the Community College Facility Coalition Issues Committee, which lobbies for and promotes statewide bonds to benefit schools like City College. State law bars City College from using public funds for such political purposes.

When asked about the money transfers, Vice Chancellor Peter Goldstein conceded to the Guardian that $28,670 of the newly uncovered funds were improperly moved to the foundation to replenish the Nov. 6, 2006 contribution, but he referred questions regarding who made that decision to outgoing chancellor Phil Day, who did not return a call.

The firm that conducted the audit, Louie & Wong, based in San Francisco, could find no evidence that the foundation’s board approved the contribution, and a lawyer hired by the foundation says the directors were not aware of the transfer of district funds into the foundation bank account at that time.

Although some of the board members later recalled authorizing the contribution, it wasn’t reflected in meeting minutes, and the directors say they never intended to launder public funds into a political contribution.

These revelations further damage the credibility of City College administrators, who for several months have undergone an investigation by the District Attorney’s Office into political fundraising efforts by the school. Spending public funds to support or oppose a ballot measure or candidate is against California law.

Two school trustees, Rodel Rodis and Julio Ramos, confirmed for the Guardian that the district attorney in recent weeks requested documents related to the transactions and will be interviewing senior administrators at the school soon, presumably including Day, who is leaving for a new job in Washington, DC, as this story goes to press. Both say the trustees only learned about the audit’s conclusions this month, although it was completed last summer.

"The way it’s always been presented to me is the foundation is supposed to give the district money in order for the district to fulfill its function of educating students," Ramos told us, "not vice versa."

The District Attorney’s Office will neither confirm nor deny the existence of such probes, but its investigation has been confirmed by sources and reported in both the San Francisco Chronicle and the Guardian (see "Day’s Dilemma," 8/8/07).

Day characterized the earlier diversions from the 2005 bond campaign as a simple misunderstanding when they were publicized last year. His administration wasn’t trying to do anything illegal, he wrote in a public statement at the time, and a resulting internal investigation called for by City College’s board of trustees seemed to confirm his claim.

"The 2005 campaign was compressed into little more than three months, and as a result of this rush, we made some mistakes," Day wrote in response to the report when it was released in January. "As the chancellor and CEO of this college, I take responsibility for these missteps."

But despite the breadth of the internal investigation, which filled 232 pages and detailed the history of the hastily organized 2005 bond election, its scope never reached the foundation’s political activities.

Now it appears that after the Chronicle published stories last April exposing the misdirected funds from 2005, the foundation’s board of directors asked for a special audit to ensure that all its financial transactions between 2005 and 2007 were free from any association with public funds the board wasn’t aware of.

The foundation at that time hired a lawyer, Peter Bagatelos, who told the Guardian that the board didn’t know $38,670 was transferred to the foundation’s bank account on the day of the November 2006 statewide election, when voters were asked for $10.4 billion in bond money to support California’s public schools.

"It was never done with their consent or knowledge or participation," Bagatelos said.

During the same two-year period covered by the audit, the foundation made cash donations to other political action committees (PACs) totaling $110,000, including $75,000 that went toward City College’s $246.3 million local bond election in 2005.

Those transactions appear to be legal because the foundation is a 501(c)3 nonprofit that technically operates separately from the school and can promote political causes that benefit community colleges within certain parameters, according to a coalition lobbyist. Each of those contributions were approved and properly documented by the foundation’s board, unlike the transactions from early November 2006.

Goldstein also said that the foundation’s board was not happy about the discovery and that the directors returned the money last April, just as the Chronicle‘s stories were breaking. He said the remaining $10,000 was legally acquired from yet another nonprofit controlled by the college and through a private vendor, but the foundation’s board elected to return that money as well on the advice of legal counsel "to avoid any appearance of impropriety."

"Any funds that the college is entitled to cannot and should not be transferred to the foundation," Goldstein told us. "The particular item that you’re asking about was absolutely a mistake. It should not have been transferred. It was found internally, corrected, and the funds were distributed to a variety of student organizations."

The Community College Facility Coalition, which received the $35,000 donation, was formed by a small group of school presidents in the spring of 1993 and today includes 52 districts across California. Its "issues committee" was created expressly for financing statewide bond campaigns.

The political action committee’s state election filings show that the foundation’s contribution was actually made on the same day City College transferred the $38,670 to the foundation’s bank account, rather than a day earlier as the audit states.

City College has aggressively sought such state money — nearly $200 million since 1998 — to match funds raised through local bonds from San Francisco taxpayers to help with its ongoing capital projects like a new gymnasium, a performing arts center, and campuses in the Mission and Chinatown.

The $35,000 contribution was among the largest made to the coalition’s PAC leading up to the election, and Paul Holmes, a lobbyist for the coalition, said only 10 to 12 schools use their foundations to support ballot measures each year. Rarely does it receive a donation of more than $20,000, he said. Holmes added that many colleges use their supporters for donations.

Judy Iannaccone, a spokesperson for the Rancho Santiago Community College District in Orange County, which helped raise $13,600 for the 2006 election, said they did so by forwarding the names of potential donors to the coalition, which allowed the school to remain impartial.

"The money was absolutely not from the general fund," Iannaccone told us.

Colleges and universities commonly form nonprofit foundations to raise money on their behalf from alumni and other supporters, like the behemoth $1.1 billion endowment of the UCSF Foundation, which encourages and administers private giving to the medical school and health-related research of the University of California-San Francisco.

City College’s foundation is considerably smaller. It had $22 million in net assets at the end of the 2007 fiscal year, according to district documents, and describes itself in an audit as a discrete component of the school. The foundation gives out hundreds of relatively small scholarships to students every year, some worth up to $3,000, but most for smaller amounts of between $250 and $500.

The foundation also maintains a separate board of directors that, like many higher-education foundations, contains top officials from the school itself, like Chancellor Day and Vice Chancellor Goldstein.

Most of the foundation’s other directors, however, are simply civic leaders who support City College’s mission but don’t work for the district and aren’t affiliated directly with Day’s administration.

The two entities are still close enough that the district handles bookkeeping for the foundation and shares its employees. For instance, the audit shows that the foundation’s finances — including its political contributions — were often prepared by City College’s chief administrative services officer, the title carried by Stephen Herman, who was implicated in the first round of illegal diversions made public last year.

"People literally thought that the college was obligated to make a contribution to this statewide campaign and that meant funds that would otherwise be under the college’s control could be eligible for a donation," Vice Chancellor Goldstein told us. "But, of course, that’s incorrect."

“Raise taxes. That clear enough?”

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I guess there’s something to be said for term limits. State Senate President Don Perata, who will be out of office next year, said loud and clear yesterday something that’s needed to be said for a long time in this state: The governor’s budget cuts are unacceptable. And the state needs to find some new revenue.

The L.A. Times reports on a Perata press conference:

Perata drew his line in the sand while standing with his successor as Senate chief, Democrat Darrell Steinberg of Sacramento, and other Democratic senators and school leaders. Perata said the governor’s proposal to cut school spending by 10% is unacceptable, and Democrats will reject any budget that includes less for education next year than this year.

Asked how Democrats propose to make up the difference, Perata said: “Raise taxes. That clear enough? Raise taxes.”

Given the state’s dire finances, he said, “no one is going to tell me . . . the average Californian would not be willing to pay pennies on the dollar more for an education system . . . that is worth what we believe California is about.”

David Dayen at Calitics has the right line on this:

The second statement is exactly the way to play this. California is worth paying for. This state deserves a better education system than it’s getting, a better health care system than it’s getting, better infrastructure than it’s getting. Because of the broken revenue model, we can’t even fund the landmark global warming law that got the Governor on the cover of all those magazines. Paying for this state to have the society everyone generally wants is a patriotic act. That’s exactly the frame the Democrats are using.

There’s a hint of a “go-for-broke” strategy here, which I believe is sped up by the transition in the leadership. We’ve needed to have this fight for 20 years.

And so, the fight begins.

Sad tooths: A Broke-Ass Guide to Tooth Maintenance

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By Justin Juul (with apologies to Broke-Ass Stuart)

3stooges.jpg

It really sucks when your teeth start falling apart, especially when you’re young and broke, but you don’t have to quit your job and run off to Mexico or spend weeks trying to win the lottery at BFC as soon as it starts happening. (See this week’s Guardian cover story.) If the pain is tolerable, you can put off emptying your bank account at the dentist for years. But you’re gonna need some things. Here are five items you’ll need to get through the wait.

Ibuprofen
Vocodin and OxyContin are great and all, but they’re expensive as hell and it’s hard to get a prescription for them. Especially when you don’t have health insurance! I’ve always relied on Ibuprofen. It’s cheap and it works. Eat one or two for normal throbbing and up to 15 a day for serious pain. And don’t worry about overdosing on the stuff. I’ve eaten a whole bottle in a single weekend and look at me. I’m alive.

funflossers.jpg
Fun Flossers!

Tooth Harps
Eating with a full set of rotten teeth isn’t impossible, but it can be really difficult and it’s always irritating. By the time I was 26 my teeth had deteriorated to the point where I could lose an entire peanut in one of my cavities. Seriously! I could fit the tip of my pinky in two of them. So at the end of every meal I would have to run to bathroom to empty the food out of my cavities. Toothpicks work pretty well, but if you’ve got a serious problem, you’ll want to invest in some harps. They’ve got built in floss and you can bend them to get way back there. If you run out of toothharps just use a tightly rolled piece of cardboard. Cigarette packs work great.

Sad tooths: Canadian dental tourists flock to Mexico

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By Justin Juul

One of the first things I noticed when I went down to Los Algodones, Mexico, to get my teeth fixed (this week’s Guardian cover story) was that many of the people roaming the streets there were Canadian (and somewhat older). The “ayes” and “aboots” gave it away. “What are these funny hats all aboot?” I heard one of them say.

I asked around and discovered that Los Algodones has become a popular vacation destination for Canadians. They drive down in RV’s by the thousands and spend their winters drinking cheap margaritas, relaxing in the warm Mexican sun, and getting their teeth and eyes fixed for a fraction of what they would pay back home. But I always thought Canadians got free health care and free dental care. Turns out our neighbors to the North aren’t sitting as pretty as I’d been lead to believe.

Here’s what one of them had to say:

What a pain

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› andrea@altsexcolumn.com

Dear Readers:

In the process of starting to crawl out of my "I just had two babies! Leave me alone!" cocoon, I’ve been teaching some new workshops, one on what it’s really like to have twins, and one that I’m calling "Is There Sex after Motherhood?" — hoping the idea comes across even though motherhood is, technically, a lifelong venture ending in death, after which, one assumes, not so much sex. I debuted the sex one recently at the original "clean, well-lighted place for buying things to stick up your hoo-ha," Good Vibrations. There was a decent crowd, and everybody seemed to have a good time; and when we got to the Q&A, I was gratified by the number of questions. (That’s how you can tell if people were interested in your presentation, right? Not so interested = polite thanks and drifting away; interested = hang around asking questions until the management kicks you out.) There’s some serious sadness haunting the new and newish mothers though, so while it’s all good and fun to talk about how a simple blow job between child care tasks can save your marriage (ask me how!), some of the questions stayed with me after we’d cleared away the cookies and juice (yes, mothers are served toddler snacks, don’t ask me why) and gone home.

It’s surely true that during the first few years after having kids, your sex life tends to be … well, "lackluster" is a nice word, but I think "laughable" might be more accurate in a lot of cases. Some of the women at these events are really beating themselves up over it though, which I guess is expected and is why I’m talking about this stuff in the first place, but one of them really saddened me when she said, quite matter-of-factly, that intercourse was still quite uncomfortable for her several years later and she hadn’t mentioned this to her husband. "I think you need to communicate with your husband," the other speaker, a therapist, offered. "I think you should find out what hurts and make it stop hurting," I countered.

How many women, mothers or not, are having painful sex and just not mentioning it? The most common cause of uncomfortable insertive sex is nothing more complicated than a case of "not ready–itis" or lack of lubrication, but a Harvard study cited by the National Vulvodynia Association (see www.nva.org/media_corner/fact_sheet.html) estimates that 16 percent of women in the United States suffer from the chronic vulvar pain called vulvodynia or its subtype, vulvar vestibulitis, affecting just the opening to the vagina. That’s a lot of women! Most are young when it starts, and most can locate no particular event or infection that set it off, but the pain can be paralyzing (many describe it as feeling like acid was poured onto sensitive tissues, or "like knives"). So we have a mysterious etiology; a location in the parts that many women simply don’t mention in public, even if that public comprises their doctor, themselves, and nobody else; and an exclusively female population of sufferers; and what do we get? Predictably, silence, confusion, and shame. And while I have never been a big fan of men-versus-women jokes and somehow doubt that if men got pregnant, ma- or paternity leave really would be two years long with full pay (come on!), if men often had agonizing, unexplained pain in their manly man parts, surely they wouldn’t have been subjected to generations of doctors pronouncing it "all in your head."

The good news — there has to be some — is that vulvodynia is finally getting the research money and attention it deserves. Recent research (see www.nytimes.com/2008/01/29/health/29brod.html?_r=1&ref=science) has turned up solid, quantifiable, and most important, curable causes of the pain: some women, the researchers found, had serious inflammation two cell layers deep that had not responded to steroids, a typical treatment. What’s even more interesting is that many of the women have a genetic abnormality — as I’m sure they could’ve guessed, considering the kind of hypersensitivity they’ve been putting up with — in which there are too many nerve fibers in the area, which produces a pain response to what in other women would just be normal sensation, like the pressure from your jeans against your crotch while seated. The linked article contains some success stories; the treatments (surgical or medical) are not perfect, but they have the potential to make life worth living again for some women who’ve been silently suffering, too embarrassed or too debilitated to say anything about it. That does count as good news, no?

I don’t really see a National Crotch Pain Month hitting the calendar anytime soon, but I do see this as the beginning of the end of one more way for women to suffer in silence and shame, so a cautious hooray for that.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

War on science

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› annalee@techsploitation.com

TECHSPLOITATION Over the past eight years, the lives of millions of people in the United States and beyond have been endangered by the US government. No, I’m not talking about the war in Iraq. I’m talking about the quiet, systematic war the government has been waging against science.

You may have heard about gross examples of the government censoring scientific documents. For example, it was widely reported last year that a government regulatory group excised at least half the statements Centers for Disease Control director Julie Gerberding was set to make at a congressional hearing about how climate change will affect public health. You may also have heard about the scandal in 2004 when a whistleblower at the Environmental Protection Agency revealed that five of the seven members on a panel of "independent experts" stood to gain financially from shutting down a scientific investigation of a controversial mining technique called "hydraulic fracturing." The panel claimed that in its expert opinion, the technique didn’t require regulation, despite many scientists’ concerns that it might pollute groundwater.

But these are the stories that hit the headlines. There are hundreds more where they came from, and many of them are documented meticulously in a study released earlier this month by the Union of Concerned Scientists (UCS) called "Federal Science and the Public Good." (Download it for free online at http://www.ucsusa.org/scientific_integrity/restoring/federal-science.html.)

The UCS report documents, in chilling detail, how agencies have fired scientists who disagreed with government policies. For example, in 2003, experts in nuclear physics were dismissed from a panel within the National Nuclear Security Administration because some of them had published about how the George W. Bush administration’s beloved "bunker buster" weapons weren’t very effective. And scientists who spoke out against the administration’s stem cell policy were booted from the President’s Council on Bioethics.

Worse, the government has falsified scientific studies to bolster its policies and undergird its ideological positions. Perhaps the most egregious example of this was when the EPA lied outright to Americans that the air around ground zero directly after Sept. 11 was safe to breathe. In fact, according to the UCS report, the EPA made this statement without even testing the air. As a result, the authors of the report write, "thousands of rescue workers now plagued by crippling lung ailments continue to feel the impact of this public deception." There’s also an example of the Food and Drug Administration inventing a fake study to support its decision to approve the drug Ketek, along with many others.

Most intriguing, though, is the UCS report’s suggestion that many federal regulatory agencies may in fact be breaking the law by cutting real science out of government policy decisions. Both the Clean Air Act and the Endangered Species Act require the EPA and the US Fish and Wildlife Service to base their decisions on "the best scientific data available." And yet the UCS has documented countless examples of both agencies, as well as others, refusing to take into account the latest research on climate change, animal populations, and systems biology.

It would be intriguing to see a lawsuit based on the fact that these agencies aren’t using "the best scientific data available," but the UCS doesn’t suggest that as a remedy. Instead, the report concludes by looking to the future of federally funded science, suggesting ways the next presidential administration might remedy the failures of the last.

First on the agenda would be to bring a scientific adviser back into the cabinet. (Bush dismissed this adviser from the cabinet.) The UCS also suggests that the next president repeal Executive Order 13422, which gave an obscure regulatory body known as the Office of Management and Budget a lot of control over how regulatory agencies handle science. Currently the OMB has the power to revise the findings of scientists within those agencies, despite the fact that the OMB has little to no scientific expertise. And finally, the UCS asks that the government extend protections to whistleblowers within the government who come forward to report on the very kinds of abuses the UCS has reported (often with the help of whistleblowers who lost their jobs or worse).

Hopefully the next presidential administration will relegate this report to the status of historical document instead of a warning about our future. Science is crucial to the management of the nation, and without it we’re no better than a medieval kingdom.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who is fifteen feet tall, and she has a federal agency science report that proves it.

Beyond beds

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› news@sfbg.com

What do army barracks, prisons, hospitals, and dog pounds have in common? They all have minimum and legally enforceable standards of care, something absent in San Francisco’s homeless shelters. Legislation to fix that problem now appears to be shaping up as the latest political skirmish pitting fiscally conservative Mayor Gavin Newsom against progressives on the Board of Supervisors.

The Board of Supervisors’ Budget and Finance Committee met Feb. 20 to hear testimony and discuss proposed legislation that seeks to impose basic requirements on city-funded shelters, improve complaint procedures, and allow fines for noncompliance (see "Setting Standards," 1/30/07).

Prior to the hearing, dozens of activists, city officials, and homeless people rallied on the steps of City Hall in support of the legislation, holding colorfully painted signs with references to some of the proposed requirements, including "nutritious meals," "clean sheets," and "8-hour-a-day sleep."

Marlon Mendieta, program director at the Dolores Street shelter, took to the podium to make his case for supporting the legislation: "It may seem strange that a service provider would be here to support legislation that will cost money and more time and more work — it’s easy though. It’s an issue of human rights."

The scene was just as lively inside as demonstrators and officials packed the board’s chambers. The committee — composed of Sups. Aaron Peskin, Bevan Dufty, and Tom Ammiano (sponsor of the ordinance) — took testimony, almost all of it urging the committee to pass the legislation on to the full Board of Supervisors for approval.

Dariush Kayhan, who has been on the job for six weeks as the mayor’s appointed homeless policy director, gave the only testimony urging the committee not to pass the legislation.

"This is the part where we have some concerns, the fiscal part," Kayhan said. "Give us more time, maybe we can plow some of these items — the ones we can agree on — into the existing contracts," he said, referring to the contracts awarded to nonprofit organizations who manage the city’s shelters.

While the city’s contracts with shelter providers do spell out many standards, a recent Guardian investigation (see "Shelter Shuffle," 2/12/08) and work by the Shelter Monitoring Committee, which developed the recommendations embodied in Ammiano’s legislation, found they are often ignored with no consequences. The Guardian also found that people are being turned away from the shelters every night despite vacancies.

Mayor Gavin Newsom, in a letter to supervisors obtained by the Guardian, voiced his concern with the fiscal impact of the legislation, citing a $2.4 million price tag, the high end of costs developed by the Budget Analyst’s Office, which said the legislation could cost $1.7 million or even less. Advocates of the legislation are confident they can bring its price down.

The $2.4 million estimate assumes a new security guard will be hired at each shelter to meet safety requirements. The legislation does not specifically mandate new personnel and many argue increased staff training and facility improvements could provide cheaper alternatives.

The Shelter Monitoring Committee, composed of mayoral and board appointees, estimates the cost will be closer to $1 million, which amounts to less than half of 1 percent of the city’s total projected deficit of $225 million.

"This is an investment in a population that has not been invested in in a long time," committee chair Quintin Mecke said at the hearing. "I don’t think there is any reason to wait to make sure people have access to toilet paper, have access to clean conditions, have access to ADA [Americans with Disabilities Act] -compatible beds."

At Ammiano’s request, the committee decided to postpone the vote for two more weeks to try to work out differences with the Mayor’s Office, and set the next hearing for March 5. If the supervisors proceed without Newsom’s support and he ends up vetoing the legislation, it would take the vote of eight supervisors to override and implement the standards anyway.

Newsom and the board have been at odds over homelessness and other budget priorities. Buster’s Place, the city’s only 24-hour drop-in shelter, is now caught in the middle of the political tug-of-war between budget cuts and shelter improvements. There is a provision within the standards of care legislation that mandates a 24-hour emergency drop-in center. At the time it was drafted, Buster’s Place filled this requirement.

However, due to the timing of the midyear budget cuts ordered by Newsom, the Department of Public Health cut off funding for Buster’s, effectively closing the center at the end of March (see "No Shelter from the Budget Storm," 2/20/08). It is now unclear how the requirement will be met if the legislation passes.

"We’re tired of having centers like Buster’s Place on the chopping block," Mecke told the Guardian. "It’s ludicrous to keep going in this cycle over and over again." Buster’s was slated to close six months ago but was rescued by a Board of Supervisors’ budget add-back, and a year before that, McMillan’s (another 24-hour center) was forced shut its doors.

The ordinance seems to challenge Newsom’s recent efforts to whittle back shelter services. It would allocate more funds to a department Newsom is trying to cut and assure the existence of an emergency 24-hour center, a clear departure from Newsom’s recent announcement that he wants to ultimately "get San Francisco out of the shelter business."

The most controversial requirement within the standards of care legislation seems to be its enforcement mechanism, calling for fines of $2,500 levied against the nonprofit service providers for noncompliance. While Kayhan voiced reservations about creating new staff positions to carry out enforcement, the SMC has insisted the fines are crucial and will only be used as a last resort.

"In 2004, the supervisors [created the] Shelter Monitoring Committee because contract compliance was not working," Mecke said. "If there are policies in theory, they should be legalized and should become mandates and be enforced."

Barbra Wismer, the medical director of Tom Waddell’s clinic, which frequently serves homeless men and women, urged attendees at the budget meeting to put politics aside and remember the importance of shelter standards, not just for the current homeless population, but for all San Francisco residents.

"If there was a natural disaster like an earthquake, or a fiscal disaster like increased foreclosures, and 1 to 2 percent of people — 14,000 in San Francisco — had to be put in emergency shelters," Wismer said, "we do not have any standards to protect them."

Newsom’s woman problem

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OPINION Be nice, wait your turn, pay your dues, your time will come.

This is the “guidance” given to women in politics, and many of us have bided our time and paid our share of dues. But what happens when our time comes, and we speak out for what we believe in? We are called pushy, mean, controlling, or cold. And worse — we are stripped of our positions.

In the last month, four of the most respected women in city government have been removed from their posts:

Susan Leal is considered one of city government’s best managers and was leading the city toward a future of sustainable energy usage. According to the Chronicle, she was fired from her position as director of the San Francisco Public Utilities Commission because the Mayor did not consider her to be a “team player,” and because it appeared that Leal was readying herself for another run for Mayor in 2011.

Leah Shahum is a fearless bike advocate and Executive Director of the San Francisco Bicycle Coalition. She was removed from the city’s Municipal Transportation Agency for being an outspoken critic of the city’s inaction on promoting alternative forms of transportation.

Roma Guy is a fierce advocate for women’s health, a former lecturer in San Francisco State University’s health education department and a longtime progressive activist. She was removed from the city’s Health Commission without explanation.

Debra Walker is the only woman on the city’s powerful Building Inspection Commission, a longtime affordable housing activist, and a fighter for reform and transparency in the Department of Building Inspection (a male-dominated department in a male-dominated field). Walker lost her leadership position on the commission after she was targeted by the mayor’s office for openly disagreeing with his positions.

We can’t allow these affronts to go unnoticed and we can’t afford to lose more good women in poweror let the few that remain be silenced into inaction. It is time for women to stand behind our sisters who work hard every day to represent us in government, many on a volunteer basis, while also pursuing full time careers and caring for their families.

The National Women’s Political Caucus and the San Francisco Women’s Political Committee are working to increase the number of women in positions of influence in city government. In September of last year, 47 elected officials and other community leaders from the San Francisco women’s community came together for a Women’s Policy Summit where the participants agreed that our top priority is to promote more women to positions of influence in government.

Even though women comprise 51 percent of the voting population, we hold only 16 percent of the seats in Congress, 23 percent of state legislative seats nationwide, and 27 percent of the seats on the San Francisco Board of Supervisors. Only one elected executive office in San Francisco — district attorney — is held by a woman.

San Francisco must do more to promote women to leadership positions. We must also call on the mayor to appoint women to positions of influence in city government and demand an explanation when he removes qualified women from their posts without good cause. The time for patience and waiting our turn has passed. *

Alix Rosenthal, Amy Moy and Micha Liberty

Alix Rosenthal is the founder of the San Francisco Women’s Policy Summit. Amy Moy is president of the San Francisco Women’s Political Committee. Micha Liberty is president of the National Women’s Political Caucus (SF chapter).

 

Tooth and consequences

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› culture@sfbg.com

It’s two days after Christmas and I’m sprawled out on a plastic-lined chaise lounge, sipping fluoride and waiting for the blood to stop gushing from my gums so the doctors can get back to work. Beyond the noise of drills and X-ray machines I hear grunts from several other patients and the sounds of merchants outside hawking sombreros, sweetbread, bootleg Fendi bags, and pottery. Kind of strange, but I’m not worried anymore. This is my second day at Dr. Rafael Lopez’s dental clinic, and I’m no longer freaked out that it’s nestled among trinket stores and cantinas in a bustling bazaar in Mexico.

I also don’t care that the dentists here speak hardly any English, nor I any Spanish. I mean, it’s not like I’m alone. All the other patients at Dr. Lopez’s office are either Canadian or American, and all the people shopping out front are too. In fact, nearly every person I’ve met on the streets here is Caucasian and an English speaker. We’re all dental tourists, and we’ve come to Los Algodones — a sunny border town near Yuma, Arizona, which allegedly has more dental clinics and pharmacies per block than any other city in the world — to save money. In my case, I’m in for three root canals with posts and crowns for the price of a secondhand scooter on eBay: $1,850, about a third of what I’d pay for the same procedures in the States.

I’d heard about Dr. Lopez’s clinic through a friend of my mother’s, but Los Algodones, like other dental tourism destinations, was easy to find on the Web. In fact, the town’s Web site, www.losalgodones.com, is actually a dental clinic referral network, with pictures of smiling clinicians and graphic before and after shots flashing across its home page. Clinics like Dr. Lopez’s, which often handle 10 to 20 patients a day, are set up exclusively for foreigners. Dr. Lopez estimates that 80 percent of his customers are American and 20 percent are Canadian; most Mexicans in the area can’t afford his rates. Many of them come to towns like this for big-ticket procedures like bridges and reconstructive surgery, some of which can cost more than $10,000 at home.

And they’re coming in increasing numbers. According to HealthCare Tourism International, a nonprofit accreditation and information organization set up to monitor the medical tourism boom, an estimated 1 million Americans will travel abroad this year for some of sort of medical service, up from the National Coalition on Health Care’s figure of about 150,000 in 2004. Of the procedures sought, 40 percent will be dental related. A recent article in the New York Times on the dental tourism phenomenon cited a boom in luxury travel packages designed around dental procedures. A root canal followed by a little fly-fishing in Costa Rica? Why not? The money you save can justify a short vacation.

ROOTS OF THE PROBLEM


Dr. Lopez’s clinic is, hopefully, the end of the road for me. I’ve been struggling with dental problems (and the potential resulting bills) for years. With all this talk of health care reform, you’d think I would have been able to find a decent low-cost US dentist, especially in civic-minded San Francisco. But it just wasn’t happening. For whatever reason, dental care and health care are viewed as two separate issues in the United States. When it comes to diseases, colds, and broken bones, you can usually catch a break, but good luck trying to get your teeth fixed on a budget. The truth is, even if you have some form of dental insurance, which is unlikely — according to the American Dental Association (ADA), only about half of all Americans do — dental care is nearly impossible for average wage earners to afford. At least, I’ve never been able to afford it. And I’ve looked everywhere.

My own dental horror story began nearly a decade ago when the Marine Corps kicked me off my retired father’s lifelong dental plan. I was fine for about a year, until the day I awoke with a terrible pain in my mouth. I was 19 at the time, taking classes at a community college and working at a café — barely able to pay rent, let alone find the time and money for a visit to the dentist. So I did the next best thing: simply ignored the pain, staving it off with copious amounts of ibuprofen when it got intense. The over-the-counter denial did the trick for almost two years, but I knew I would be forced to eventually bite the bullet, however softly.

And then it happened. My teeth started breaking. Not hurting, at least no more than usual, just breaking off — in huge, gray chunks.

This went on for years. By the time I was 25, four of my teeth had shattered and the rest seemed well on their way to doing the same. I adopted the diet of a five-month-old, unable to chew anything tougher than bananas or scrambled eggs. It was time to act, but I had no idea where to go. As a full-time student, getting by on financial aid, loans, and whatever I could rake in as a part-time waiter, I was nearly destitute. I’d recently transferred to San Francisco State University, but at that time, in order to purchase the student dental plan the school offered, I also had to purchase its medical plan, a combination that would have increased my monthly bills by nearly $200.

It was tempting, particularly in comparison with most employer-related or individual plans I qualified for, which could run into the thousands. But SFSU’s dental plan screened out existing problems, like the trainwreck I had going on, and carried an annual cap of less than $1,000. (Unlike medical insurance plans, which feature deductibles, most dental plans have annual monetary ceilings.) So even with the plan I would still be unable to afford even a fraction of the work I needed to have done. Since my student days, SFSU has implemented a dental-only plan available to undergrads, but often the limits are too low to cover anything other than cleanings and fillings.

Thus I began my search for a pro bono dentist, figuring that with all the uninsured people living in the city there must be someone around. It quickly became clear, however, that scoring free dental is harder than finding a decent vegetarian restaurant in rural Alabama.

QUEST FOR DENTAL


First, I had a glimmer of hope: a medical and dental clinic in Berkeley that had the word free in its name.

The Berkeley Free Clinic (BFC) has been offering free medical and dental care to the hard-up since 1969. It provides free HIV tests, medicine, preventative education, and more. But I needed dental work — and that was another story. As the only clinic in Northern California offering free fillings, extractions, and referrals to discount dentists, BFC is insanely popular. And since it’s run by volunteers and donors, it’s also chronically understaffed. Jessica Hsieh, a clinic coordinator, explained that the facility does as much as it can with limited resources. "We used to take patients on a first-come, first-served basis," she says. "But there were so many people lined up every night that our waiting room and hallway became fire hazards."

To deal with this problems, the clinic has devised a maddening selection system, which includes spotty business hours and a name-in-the-hat-style lottery. It sounded a little sketchy, but I gave it a go.

After making the 45-minute commute from my home, I arrived at the clinic at exactly 5:30 on a Monday evening. I scribbled my name on a small slip of paper, handed it to the receptionist, and took a seat in a waiting room crowded with students, broke workers, and homeless people. A nurse came out and told everyone to sit tight; the dentists were taking our names into a separate room and she’d return soon with their random choices. Ten minutes later, she came out again, read off three names, and then told everyone else to go home.

The room had been quiet as we all waited to see who’d won, but when a young blond girl with designer jeans and a fancy cell phone rose to claim her prize, the atmosphere became tense.

"That’s fucking bullshit," said a man with dirt on his face and ripped boots. "I’ve been coming here for weeks. This is her first fucking time!"

One of the dentists apologized and reminded us that we were welcome to keep trying as many times as we liked. I took his advice and returned three more times, missing a day of study or work for every fruitless visit until I gave up. One of my teeth in the back had started aching like hell, and I couldn’t stomach the wait any longer.

I broadened my search to include dental schools like that at the University of California San Francisco, where the wait times were rumored to be long, but once on the list, getting work done was guaranteed. After talking to students at the UCSF clinic, though, I realized treatment would require several days off from work and school because each step a student made during surgery would have to be approved by a busy professor and analyzed by other students. And the discount wasn’t exactly phenomenal.

The average cost of a single complete root canal procedure (root canal, post, and crown) at UCSF is more than $1,100, almost twice the amount I wound up paying in Mexico and way more than I could afford at the time.

So I scrapped the dental-school idea and dug deeper, figuring that if I couldn’t find free or cheap dental work, I could at least find a place that offered a payment plan. And I did find such a place.

Western Dental is like the McDonald’s of dental clinics. With multiple locations in almost every city in California, it’s effectively cornered the market on affordable dental work. Only it’s not cheap. A complete root canal procedure on one tooth can cost up to $1,590 — a lot less than a regular dentist, but much more than a dental school and about three times as much as Dr. Lopez charged me in Mexico. People flock to Western Dental because it lets you pay off your dental work like you would a car. You plunk down $99 for a yearlong membership, make a 20 to 30 percent down payment, and then pay the rest off monthly over the course of one year. And Western Dental doesn’t take your credit history into account when working out a plan.

Out of desperation, I eventually did get one of my teeth fixed at the Mission and 24th Street location, and wound up paying a $350 deposit and monthly installments of $110 for the next 12 months.

CAVITY CAVEATS


With my most painful tooth taken care of, I could now focus on finding a better deal, which is how I wound up in Mexico. So far it seems to have been a pretty smart decision. My new teeth look great and they’re holding up fine. I was treated extremely well by Dr. Lopez’s staff. But there are many reasons not go to Mexico for cheap dental work. And Brad Hatfield, a Korean War vet and retired city planner from Arizona City who asked that I not use his real name, knows them all.

Hatfield has been making the three-hour trip to Los Algodones for nearly a decade. He’s seen the town evolve from a haven for cheap trinkets and booze into what it is now: a medical resort for Americans with expensive tooth and eye issues. Hatfield started going to Los Algodones when he realized that even with his insurance he’d never be able to afford necessary dental work. But now, many years and thousands of dollars later, he’s learned his lesson.

"The problem with dentistry in Mexico," says Hatfield, "is that there’s no recourse. If something bad happens, you can’t sue anyone. All you can do is ask for your money back." And that’s just what Hatfield did when he returned from Los Algodones recently and discovered that his new teeth were worthless. Indeed, he claims that almost none of the work he’s gotten in Mexico has held up longer than a year or so.

This last time was the worst. "As soon as I got home," says Hatfield, "my gums started hurting really bad and bleeding off and on." When he called his clinic to complain, they denied his request for a refund and invited him back for some discounted work instead. Hatfield went back, got the work done, and thought his problems were over. But a few days later he realized they weren’t. "I was sitting here eating a piece of chocolate, and all of a sudden I realized I was chewing on two of my teeth and the bridge that was connecting them. All the work they had done had just fallen out."

Hatfield has tried repeatedly to get his dentist to refund his money back, but all he gets in response are invitations to return for more work. "Now they want to just rip all my teeth out and give me a full set of implants. It’s going to cost thousands of dollars on top of the $10,000 I’ve already spent there over the past year."

Hatfield is currently trying to get his problems fixed at a dental college in Mesa, Arizona, but he’s facing steeper prices and will probably have to return to Mexico soon. "My dental and medical problems have ruined me as a person," he says. "I can’t get a job because my teeth are so screwed up, and I can’t think through all this pain. I just don’t understand why dental work is so expensive. It’s much worse than medical."

THE BIG YANK


Hatfield brings up a good point. For some reason dental issues aren’t included in national or local debates about health care. Healthy San Francisco, the universal, citywide health care access program operated by the San Francisco Department of Public Health, doesn’t cover access to dental services, which were never even considered for inclusion. When reached by the Guardian for comment on this exclusion, SFDPH spokesperson Eileen Shields stressed the difference between the city’s program and regular insurance plans, saying "[Healthy San Francisco] is a health access plan, providing access to basic medical care. I mean, my health plan doesn’t even include dental — does yours?"

Denti-Cal, the state dental insurance program offered as part of Medi-Cal, is an option for California residents with a low income, a social security number, and at least one child. But it obviously doesn’t help the throngs who fill the waiting rooms of Western Dental. San Francisco General Hospital keeps an oral surgeon on call for extreme emergencies but if you want your janked-out teeth replaced or aren’t doubled over in chronic pain, SF General can’t help you.

It doesn’t look like any of this is changing soon. None of the candidates running for president this year has announced a platform that specifically deals with the high cost of dental care in America. Why? Why are medical and dental issues treated as two separate entities? And why is it so hard to afford dental treatment even with insurance?

Hsieh of the BFC thinks it may have to do with the fact that dental issues aren’t thought to be as life-threatening as medical issues. But if an infected tooth is left untreated, it can lead to death just as surely as unchecked pneumonia. On its Web site, the ADA acknowledges the high cost of dental insurance but privileges prevention over treatment, claiming that most dental problems are preventable. If Americans would just take care of their teeth, use their paltry insurance plans for routine checkups, and quit eating so much candy, they wouldn’t have to get root canals. But I brush after meals, floss regularly, and stay away from sweets — and I’ve been in and out of dental clinics with major problems since I was five.

Another theory has to do with the high costs of dental school and specialized equipment, which makes sense. But the truth of the matter, commonly pointed out in the ongoing health care debate, is that mixing profit with patients is a recipe for disaster. As long as insurance companies are able to make billions by fleecing their customers, and as long as dental clinics and drug companies are allowed to set their own prices, the general population is going to be cavity ridden and kind of ugly.

For now, it seems dental tourism may be the best option for people with normal-to-low incomes and chronic problems. Two months after my visit to Mexico, my teeth feel much better and I’m back on solid food. But this kind of travel isn’t for the fainthearted. The weather and food in Los Algodones are great. But getting your teeth ripped out and reconstructed in a foreign country with no legal recourse is dangerous and scary, especially during the high-traffic winter season when the tendency to rush through patients escalates.

My triple root canal, for example, took a mere two visits. The doctors hacked away for 10 hours straight, let me heal for one day, and then stuck on the crowns and pocketed my check. I stumbled out of Dr. Lopez’s office a few days before New Year’s, in a Novocain-induced daze, with blood on my shirt and pieces of rubber molding stuck to my cheeks. My jaws and head ached as I shuffled through the mile-long border-crossing corridor, sweating and dry-heaving.

As I approached the checkpoint, I wondered if I had made the right choice.

Then I remembered that I hadn’t actually made one. It was this or nothing.

Emma Lierley contributed to this report.


>>View a video interview with a Canadian dental tourist

No shelter from the budget storm

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› news@sfbg.com

Arriving at the steps of Buster’s Place on a cold night is a familiar, comforting act for many of the city’s chronic homeless people. Or rather, it was until recently, when a sign was posted informing clients the facility will be closing its doors for the first time in almost a year.

Buster’s Place, the only centrally located 24-hour drop-in center in San Francisco, is on the chopping block to meet the demands of one of the city’s most drastic midyear budget cuts in recent history. The $1 million cut (roughly the one-year operating cost of Buster’s) is only a piece of the $9.25 million the city’s Department of Human Services must trim from its annual spending.

Buster’s has logged more than 34,000 visits from an estimated 700 clients in the past year. The center serves all walks of life, from lonely elders to those who cannot manage the complex shelter reservation system to newcomers who don’t know where to turn. While staff and resources are limited, Buster’s provides easy access to essential facilities like showers, bathrooms, and laundry rooms. It’s the stop of last resort, as I learned during my recent undercover investigation (see "Shelter Shuffle," 2/13/07, and "Search for Shelter," on the Guardian‘s SF blog).

"There’s a need for this place," Louis Ramon, who is the only case manager working at Buster’s and has been at the center since it opened, told the Guardian. "This is where the too sick, the too paranoid, the too mentally ill come who cannot be housed. Nobody is working with these clients — the really hardcore ones."

Jennifer Friedenbach, the executive director for the Coalition on Homelessness, has been a leading advocate for 24-hour homeless centers and is pressuring city hall to reinstate funds to carry Buster’s through the end of the year.

"It’s frustrating when the mayor makes random and arbitrary decisions without consulting relevant community-based organizations or the homeless themselves," Friedenbach told us. "This is another attempt by the mayor to put a nail in the coffin of overnight shelters."

In a Feb. 14 press conference Mayor Gavin Newsom held with Dariush Kayhan, his newly appointed homeless czar, Newsom discussed plans to redesign the city’s shelter system, as well as the midyear budget cuts. "We’ve got a lot of resources that are being spent, but they could be spent more wisely by coordinating strategies," he said.

"With respect to 24-7 access, we’re going to have that with the [Mobile Assistance Patrol] vans, to ensure that people still have that. People can, in rare instances, come to the shelters directly if they’re in a dire emergency and access a bed if needed," Kayhan said. "And we also want to engage those folks because we don’t think sitting in chairs, around the clock, at night — and especially since a lot of those folks are seniors and disabled — that’s not a proper place to be."

Less than five months after it opened last year, Buster’s was slated to close during the regular fiscal-year budgeting last June. Homeless advocates came to Buster’s rescue and had the Board of Supervisors reinstate most of the funding for the center.

However, many homeless advocates and Department of Public Health officials are less optimistic about this round of budget reductions. For one thing, midyear cuts are generally more reactionary, made with little public deliberation, and made because the deficit is bigger than expected.

"This year is much different because the amount of money we need to cut is much more severe," said David Nakanishi, coordinator for community programs at the DPH and responsible for spearheading the planning of Buster’s Place. "Last year Buster’s was the only cut being made to homeless programs, so the community could rally around that one issue. The fiscal situation is much more dire this year. The supervisors will probably not reinstate the money."

Sup. Chris Daly, whose District 6 includes Buster’s Place, isn’t optimistic. "I will fight, but I won’t be successful," he told us, referring to his reduced power on the board after being removed as chair of the Budget Committee last year. "The cut list resembles very closely the list of board priorities from last year. The board cannot compel the mayor to spend."

Over the past year, Buster’s Place has had an uncertain future. The center was created after the temporary closing of the McMillan Drop-in Center, the city’s previous 24-hour drop-in center, at 39 Fell Street. Homeless-rights advocates campaigned for the creation of a 24-hour facility until Daly lobbied the DPH to keep an all-night drop-in center open. The city then contracted the Haight Ashbury Free Clinics to open Buster’s.

However, since the DPH established the center on a short timetable, it did not follow standard procedures for awarding the contract. The DPH is now going through a request-for-proposals process for a 24-hour drop-in center. Of course, if the midyear cuts are approved, this process will stop.

During a night at Buster’s, visitors can count on a few things: hard plastic chairs, restless sleep (if any), and good conversation with familiar faces. While Buster’s provides 24-hour shelter, it also serves as an important social hub for the homeless community. Elisa Frank, who handles shelter reservations through the city’s CHANGES system at the 150 Otis Street administrative office, sends up to 60 people per night to wait for beds at Buster’s.

"Buster’s is a community for a lot of people. They want supervision so they’re not just on the street doing dirt. Some people even have houses. Some who are in [single-room occupancies] and even some who just live alone come to Buster’s just for company," she told us.

One 31-year-old homeless client at Buster’s told us he has been in and out of shelters and illegal housing for most of his life. He has been staying at Buster’s occasionally over the past year and hopes to get his own apartment.

"When I don’t have a place to stay, I get suicidal," he told the Guardian on a chilly night outside Buster’s. "More people are going to die on the street if this place closes."

Milked

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OPINION It seems that everyone, from current politicians to former friends and lovers of Harvey Milk, is scrambling to serve as a spokesperson for the new Hollywood movie about the life of Milk, the first openly gay elected official in a major United States city.

Milk joined the San Francisco Board of Supervisors in 1977, only to be assassinated (along with then-mayor George Moscone) one year later by Dan White, another member of the board.

Cleve Jones, who worked as a student intern in Milk’s City Hall office (and later started the AIDS Memorial Quilt), is now serving as a consultant for the Gus Van Sant film. At the Castro Theatre on Feb. 4 he encouraged a crowd of extras gathered to re-create the candlelight march that took place after Milk’s murder by saying, "We made history on these streets, and we’re gonna do it again tonight."

But remaking historical moments from the pain and glory days of the past is hardly the same thing as making history in the present. In the 1970s queers fled abusive and stifling families and places of origin to move to San Francisco by the thousands and join dissident subcultures of splendor and defiance. Of course, queers still flee similar conditions; it’s just that the hypergentrified San Francisco of 2008 barely offers the space to breathe, let alone dream.

The excitement around reenactment obscures the reality that some of the same smiling gay men who came to San Francisco in the 1970s have consistently fought misogynist, racist, classist, ageist battles — from carding policies to policing practices to zoning and real estate wars — to ensure that their neighborhood (Milk’s Castro) remains a home only for the rich, white, and male (or at least those who assimilate to white middle-class norms).

Check out a quote from Dan Jinks, one of the producers of the movie, in the Dec. 27, 2007, Bay Area Reporter: "Our great hope is this will revitalize this district and make it a major tourist destination."

Revitalize the Castro, where you’re lucky if you can rent a flat for less than $4,000 or buy property for less than $1 million? Everyone who’s ever set foot in the Castro knows it’s filled with tourists from around the world!

Oh, I know what Jinks means: straight tourists. Some gay people are so anxious to participate in their own cultural erasure.

After White’s 1979 trial, at which he was convicted of manslaughter instead of murder and given a lenient sentence, rioting queers torched police cars and smashed the windows and doors of City Hall. Later that night vengeful cops went to the Castro and destroyed the windows of the Elephant Walk (now Harvey’s), entered the bar to beat up patrons and trash the place, and swung their batons into anyone they encountered.

I’m wondering if the new Van Sant film will end at the candlelight march, thus avoiding talk about such market-unfriendly issues as systemic police violence and property destruction as a political act.

Unfortunately, San Francisco is now more of a playground for the wealthy than a space for the delirious potential of dissidence. But there are still plenty of reasons to protest. Got housing? Got health care? Got citizenship? Nope, we’re just getting milked.

Mattilda Bernstein Sycamore

Mattilda Bernstein Sycamore (www.mattildabernsteinsycamore.com) is the editor, most recently, of Nobody Passes: Rejecting the Rules of Gender and Conformity (Seal Press, 2006) and an expanded second edition of That’s Revolting! Queer Strategies for Resisting Assimilation (out in June from Soft Skull Press).

Solo budgeting

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› sarah@sfbg.com

Mayor Gavin Newsom is giving his department heads until Feb. 21 to draw up a list of services and positions to be reduced and eliminated, but Board of Supervisors president Aaron Peskin notes this isn’t how city government is supposed to work.

"Technically, things aren’t being cut," Peskin told the Guardian. "Instead, the mayor is signaling that he is refusing to spend the money that has been appropriated by the board in the budget that was voted on and signed last year."

Last summer the Board of Supervisors used the add-back process to appropriate funds the mayor hadn’t sought, thus funding services such as the Workers Compensation Clinic at San Francisco General Hospital and Buster’s Place, the city’s only 24-hour homeless shelter, until the end of fiscal year 2007–08.

But now these same services are being targeted midyear. The mayor announced last November, shortly after he was reelected, that the city faces a projected $229 million budget, so he was demanding an immediate hiring freeze and across-the-board cuts.

As mayoral spokesperson Nathan Ballard reportedly told the San Francisco Chronicle last fall, "Although he wants to trim the fat, the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats."

But while city department heads spent the past few months trying to tighten belts, the mayor apparently expanded his, according to budget analyst Harvey Rose’s Feb. 13 report, which details the monetary impact of changes to Newsom’s staff — changes the mayor first announced Jan. 4.

"Don’t think that the irony of the revelations that have been made over the past few weeks has been lost on anyone," Peskin told us, referring to how Newsom added two entirely new positions, increased the pay of senior staff and newly appointed department heads in the Mayor’s Office, and raided the budgets of other agencies to pay for it all.

According to Rose’s report, the budgetary impact of Newsom’s staff changes amounted to an increase of $553,716, with other city departments funding about $1.34 million in annual salaries and benefits for 10 positions assigned to the Mayor’s Office.

These include two newly created jobs — namely, the mayor’s climate change director, Wade Crowfoot, and the mayor’s homelessness policy director, Dariush Kayhan.

Peskin admits that the spending Rose identified is a relative drop in the bucket, compared to the city’s $229 million deficit. "Yes, it’s not enough to significantly close the gap or save a significant number of services, but it’s symbolic," Peskin said, noting that even as homeless shelters are being fingered for elimination, the Human Services Agency is paying $169,624 annually for the mayor’s new homelessness policy director.

"And when voters approved more money for Muni, the mayor used it to hire people to pound out messages about climate change, when the best way to reduce greenhouse gases is to get people out of their cars," Peskin said, referring to Newsom’s new climate change director, hired at an annual cost of $130,112, using the Municipal Transportation Authority’s Safety and Training funds.

"It’s very frustrating and unfortunate," Peskin said, further noting that the $401,392 to terminate Susan Leal without cause as general manager of the San Francisco Public Utilities Commission will come from the city’s water fees.

"This is indicative of the misplaced priorities of the mayor," said Peskin, who doesn’t deny that spending control is required in the face of a looming deficit but resents how the mayor has been trying to do it unilaterally and not in cooperation with the board.

"The budget, by design, is a two-way street," Peskin observed.

Sup. Chris Daly claimed the services being targeted for Newsom’s midyear elimination are "a who’s who of the board’s priorities…. These are human and health services that the mayor has proposed be cut multiple times."

Daly’s legislative aide, John Avalos, who is running for District 11 supervisor, notes that while Daly wanted $33 million for affordable housing, a onetime amount, the mayor took a budget surplus and used it for multiple years, with the police, firefighters’, and nurses’ contracts accounting for his biggest expenditures.

Asked why the city’s deficit has ballooned by $144 million — from the $85.3 million the Controller and Budget Analyst’s offices identified in March 2007 to the $229 million that Newsom’s administration was suddenly projecting last fall — Tom DiSanto, budget and revenue manager for the Controller’s Office, cites an extra $82 million in salaries and benefits.

These include the four-year contracts that nurses and police and fire departments secured last summer, along with five extra police academies, said DiSanto, who also listed $7 million in police crime laboratory debt service, $7.4 million for sheriff inmate housing (required by last year’s Supreme Court order that prisoners can’t sleep on floors), and the $29 million transit set-aside that voters approved last November when they passed Proposition A.

But as DiSanto explains, the city’s budget problem is due not to lack of revenue but to baseline funding and rainy-day reserve requirements, not to mention the political process.

"Right now, with baselines and reserves, 96¢ out of every dollar goes into set-asides, and we’re required to adopt a balanced budget," DiSanto said. "That’s where the cuts come in. If we could access all the city’s revenues, we wouldn’t have a $229 million projected deficit," he added, noting that revenues are up, property taxes are higher than budgeted, and the hotel tax continues to be strong.

Ken Bruce, senior manager at the Budget Analyst’s Office, notes that unlike the federal government, the city of San Francisco has to balance the budget. He also says the current deficit projection comes from the Controller’s and the Mayor’s offices, not the Budget Analyst’s Office.

"In mid-March we get to do a joint forecast," Bruce told the Guardian. "It may paint a better picture, less of a doomsday scenario, but it still leaves us facing difficult policy choices. [The deficit] won’t drop from $230 million to $100 million."

Peskin envisions several long-term solutions, hopefully including positive changes in the White House this fall.

"With every passing year, as the federal government has abandoned the cities, we’ve taken more of a burden, and labor and capital costs have increased," says Peskin, who is mulling changes to the real estate transfer tax and closing a loophole whereby lawyers and accountants in limited liability partnerships have escaped paying payroll taxes.

That said, Peskin sees no easy fixes in the city’s upcoming budget hearings:

"It’s a fluid situation, and it’s all bad."

Moth Madness

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Good to see the plan to spray the Bay Area with Little Brown Apple Moth-related pesticide get major ink in the Chronicle.

While the debate rages over as to whether spraying a pheromone-containing pesticide over urban areas is an efficient and public health-protective way to deal with the moth, one thing is for sure.

Having small planes fly low over your home for hours on end is extremely unpleasant.

“It was like an air raid,” is how a friend who lives in Santa Cruz described her experience of the aerial spraying that took place in Santa Cruz last fall, using crop dusters. in a questionable effort to completely eradicate this tiny moth.

“Their engines sounded like motorbikes, only overhead,” says my source, adding that though she did experience any adverse health effects, “the experience was very invasive.”

“The worst part is knowing it could happen again and again, for years,” she adds.

To find out what the California Department of Food and Agriculture is planning for your region, check their website

And to see what citizens opposed to the spraying think, check out the California Alliance to Stop the Spray‘s site.
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Mayor announces nothing

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Homeless policy director Dariush Kayhan and Mayor Gavin Newsom

Mayor Gavin Newsom announced a new plan to redesign the city’s homeless shelters this morning.

The press conference was held at Multi-Service Center South, one of the largest homeless shelters in the city, and addressed a small crowd of journalists and shelter staff. There didn’t appear to be any homeless people in the room (unless some of the staffers are also homeless, which is possible. The shelters are required to have homeless or formerly homeless individuals account for 25 percent of their employees.)

After a rambling introduction recounting the various perennial problems with homelessness in San Francisco, Newsom got to the point and said he’d like to import the Project Homeless Connect model into two shelters – MSC South and Next Door – so that clients would be able to one-stop shop for services. “The idea is putting a smaller version of Project Homeless Connect in these two shelters so we’re here seven days a week and to look at the medical side of the equation,” said Newsom. He also said he hopes that one day all the shelters, excepting these two large facilities, are closed for good. “Eventually, I can’t wait until these are the only two shelters remaining in the city and every single other one of them is shut down,” said Newsom.

As for revamping the two remaining shelters, the medical side of the equation would be a respite center, Kayhan clarified, which is curious, since Next Door shelter already has an entire floor of their four-floor building devoted to respite. I recently visited that facility and spoke with Cynthia Lee, a registered nurse, who told me they can only take patients who come out of the hospital. “The idea is to stabilize them, then transition to a bed or room,” she said. If someone on another floor (in this facility which houses 250 people) is having health issues they can’t go there. “I, personally, would like to do that but Next Door has their own clinic – out of Tom Waddell Health Center. It’s not open every day,” Lee said.

In other words, there’s a fully provisioned respite center in a high volume shelter, and the clients there are not allowed to access it. I asked Kayhan if they’d be looking at opening up the facility to the greater shelter population, but he wasn’t able to give me specifics.

Which is true of the entire press conference: no specifics, though a number of questions immediately come to mind.

Homeless people share their stories

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by Amanda Witherell

Note: Though much of the investigation for Shelter Shuffle: Inside San Francisco’s confounding system of housing the homeless was done undercover, the following profiles are of people who shared their stories with me after being informed that I was a journalist.

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RUBY WINDSPIRIT

Ruby Windspirit has been homeless since Jan. 14, and her first shelter experience, at A Woman’s Place, was not good. “I felt safe only because I know I can take care of myself,” she says, “But the women who were mentally handicapped did not. Their biggest concern was getting thrown out on the street.” She describes instances of shelter staff asking clients to fetch food from the store in exchange for not getting written up when they broke the rules. “I was really upset at that,” she says. “It was only certain members of the staff that did that.”

“The first night I was there I said, ‘Can I have a towel so I can take a shower?’ They gave me three heavy duty paper towels and said I had to give them back because they reuse them.” Windspirit describes the towels as thick paper, like the kind mechanics use to wipe oil dipsticks. She did what she was told and gave them back when she was done.

Windspirit has bone cancer, but when she asked for an extra blanket and a thicker mat to cushion her 59-year-old body from the floor, she says staff turned her down.

“I was getting sicker and sicker there. Finally I ended up in the emergency room,” she recalls. “The doctor who visits a Woman’s Place saw me and said, ‘What are you doing here? You don’t belong here.’ I said, ‘I don’t know the system.’” The doctor sent her to Tom Waddell Health Center, which referred her immediately to the hospital for emergency care.