Jerry Brown

Guardian endorsements

139

OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Left out

37

steve@sfbg.com

It’s never been easy for progressives to mount a serious campaign for the California governor’s office. The high water mark was in 1934 when famous author/activist Upton Sinclair ran on his End Poverty In California platform and got nearly 38 percent of the vote despite being shut out by the major newspapers at the time.

That campaign was cited by both of this year’s leading leftist challengers to Gov. Jerry Brown — Green Party candidate Luis Rodriguez and Peace and Freedom Party candidate Cindy Sheehan — who say the goal of ending poverty is more important than ever, but who are also having a hard time getting media coverage for that message.

The latest Field Poll from April 9 shows Brown with a 40-point lead on his closest challenger, conservative Republican Tim Donnelly (57 to 17 percent, with 20 percent undecided). Republicans Andrew Blount and Neel Kashkari were at 3 and 2 percent, respectively, while Rodriguez and Sheehan are among the 11 also-rans who shared the support of 1 percent of the California electorate.

Perhaps that’s to be expected given that Brown is a Democrat who pulled the state back from the edge of the fiscal abyss largely by backing the Prop. 30 tax package in 2012, with most of the new revenue coming from increased income taxes on the rich. But to hear Rodriguez and Sheehan tell it, Brown is just another agent of the status quo at a time when the growing gap between rich and poor is the state’s most pressing problem.

“We have to put all our resources into ending poverty,” Rodriguez told us.

The campaigns that Rodriguez and Sheehan are running seem indicative of the state of progressive politics in California these days, with good work being done on individual issues by an array of groups, but little coordination among them or serious work on the kind of organizing and coalition-building needed to win statewide office.

There is still hope, particularly given California’s open primary system, where all Rodriguez or Sheehan need to do is beat the top Republican challenger in June in order to face Brown in a two-person race in November — an outcome that would definitely elevate their progressive message.

“One of our sayings is ‘second place wins the race,'” Sheehan told the Guardian.

But at this point, that seems unlikely, a longshot that points to the need for progressive-minded Californians to rebuild the movement and win over new generations of voters, particularly the young people disconnected from electoral politics and largely behind by the economic system.

 

REACHING VOTERS

When we asked Sheehan how her campaign was going, she replied, “It’s going.” When we pushed for a bit more, she told us, “It’s very, very grassroots and we’ve been trying to get the word out.”

And by “very, very grassroots,” Sheehan seems to mean that it’s not going very well, in terms of fundraising, volunteer support, media exposure, or any of the things a campaign needs to be successful. It’s been a disappointment for a woman who started her public political life as a media darling.

The year after Sheehan’s son Casey died fighting the Iraq War in 2004, she set up an encampment outside then-President George W. Bush’s ranch in Crawford, Texas, instantly becoming a high-profile anti-war activist just as public opinion was turning strongly against the war.

Sheehan parlayed that fame into international activism for peace and other progressive causes, writing a pair of autobiographical/political books, and mounting a primary challenge against then-Speaker of the House Nancy Pelosi in 2008, finishing in second place with about 16 percent of the vote. Sheehan was also the running mate of presidential candidate Roseanne Barr in 2012, although their Peace and Freedom Party ticket didn’t appear on the ballot in most states.

But these days, Sheehan has found it tougher to recapture the media spotlight she once enjoyed, causing her to sometimes bristle with frustration and a sense of entitlement, as she did with us at the Guardian for failing to help her amplify her message before now.

“Who came in 2nd against Pelosi? Who received well into ‘double digits?’ The campaign can’t get steam if ‘lefties’ put the same criteria as the [San Francisco] Chronicle for example for coverage. If I were truly in this for my ‘ego’ I would have quit a long time ago. You write, I campaign all over the world for the things I care about,” Sheehan wrote in a testy April 3 email exchange with me after a supporter seeking our coverage sent her a message in which I questioned the prospects of her campaign.

But getting progressive support in a race against Pelosi in San Francisco clearly isn’t the same thing as having a progressive campaign gain traction with a statewide audience, particularly because Sheehan doesn’t have many prominent endorsers or organizational allies.

By contrast, Rodriguez seems to be outhustling Sheehan, racing up and the down the state to promote his candidacy and work on rebuilding the progressive movement, with an emphasis on reaching communities of color who feel estranged from politics.

“People like me and others on the left need to step up if we’re not going to just accept the control of the two-party system. We have to fight for that democratic reality, we have to make it real,” Rodriguez told us. “You can’t just say vote, vote, vote. You have to give them something to vote for.”

 

ON THE ISSUES

Rodriguez is the author of 15 books, including poetry, journalism, novels, and a controversial memoir on gang life, Always Running, winning major writing awards for his work. He lives in the Los Angeles area, where he’s been active in community-building in both the arts and political realms.

Rodriguez is running on a platform that brings together environmental, social justice, and anti-poverty issues, areas addressed separately by progressive groups who have made only halting progress on each, “which is why we need to make them inseparable.”

While he said Brown has improved the “terrible situation he inherited from Schwarzenegger,” Rodriguez said that the fortunes of the average Californian haven’t turned around.

“People are hurting in the state of California. I think Brown has to answer for that,” Rodriguez said, noting that people are frustrated with the economic system and looking for solutions. “I don’t think Gov. Brown has a plan for it. In fact, I think he’s making it worse.”

Sheehan is critical of Brown for his opposition to full marijuana legalization, his resistance to prison reform, for allowing fracking, and for doing little to challenge the consolidation of wealth.

“My main issue is always, of course, peace and justice. But a corollary of that is for the resources of this state to be more fairly distributed to help people’s lives,” Sheehan said, calling that economic justice stand an outgrowth of her anti-war activism. “Since my son was killed, I’ve been starting to connect the dots about the empire we live under.”

When she studied California history at UCLA, Sheehan said, “I was inspired by Upton Sinclair and his End Poverty In California campaign in the ’30s.” She reminisces about the California of her childhood, when college education was free and the social safety net was intact, keeping people from economic desperation.

“It’s been done before and we can do it again,” Sheehan said. “I love this state, I love its potential, and I miss the way it was when I was growing up.”

 

OBSTACLES TO OVERCOME

Money is a challenge for statewide candidates given the size of California, which has at least a half-dozen major media markets that all need to be tapped repeatedly to reach voters throughout the state.

“I won’t take any corporate dollars and only people with money get heard,” Rodriguez told us.

But he says California has a large and growing number of voters who don’t identify with either major party, as well as a huge number of Latino voters who have yet to really make their voices heard at election time.

“I’m really banking on the people that nobody is counting,” Rodriguez said. “This is the time when people need to come together. We have to unite on these central things.”

That’s always a tough task for third-party candidates. Sheehan has a paltry list of endorsers, owing partly to the left-leaning organizations like labor unions staying with Brown, even though Sheehan claims many of their members support her.

“The rank and file is supportive of our message, but the leadership is still tied in with the Democratic Party,” Sheehan told us. “This state is deeply controlled by the Democratic Party, even more than it was a few years ago.”

But Sheehan considers herself a strong and seasoned candidate. “I’ve run for Congress, I’ve run for vice president, and I think that politics should be local,” Sheehan told us, saying her main strength would be, “I would work with people to create a better state, not against people.”

It was a theme she returned to a few times in our conversation, her main selling point. “It’s about inspiring a movement,” Sheehan said. “My biggest gift is getting out there and talking to people.” But if her strengths are indeed inspiring a movement, working with allies, and building coalitions, then why isn’t her campaign doing those things? Sheehan admits that it’s been difficult, telling us, “I found it easier in San Francisco to get the word out.”

Yee had a reputation for political corruption even before the federal indictment

21

Long before Sen. Leland Yee’s surprise arrest and arraignment on federal corruption charges today, Yee already had a reputation for, at best, political pandering and influence peddling; or at worst, corruption, a label for Yee long used in private conversations among figures in the local political establishment.

It was usually assumed to be the kind of low-level, quasi-legal corruption that is endemic to the political system: voting against one’s values and constituent interests in order to curry favor and financial contributions from wealthy special interests. In Yee’s case, his recent voting record seems to indicate that he was cultivating support from landlords and the pharmaceutical, banking, oil, and chemical industries for his current campaign for the Secretary of State’s Office.

But today’s indictment — which is expected to be released at any minute, and which we’ll detail in a separate post — seems to go much further, the culmination of a four-year FBI investigation tying Yee to notorious Chinatown gangster Raymond “Shrimp Boy” Chow, who was also arrested today. They and 24 others arrested in the case today are now being arraigned in federal court.  

The Bay Guardian has covered Yee throughout his 26-year political career, and we wrote a comprehensive profile of this controversial figure when he ran for mayor in 2011. More recently, in September, we wrote about some of his suspicious votes and refusal to offer credible explanations for them to activists he’s worked with before.

After that article, confidential sources contacted us urging us to investigate a series of strange votes Yee had cast in the last year, and we’ve been holding off on publishing that until Yee would sit down to talk to us about them. But each time we scheduled an interview with him, starting in November, he would cancel them at the last minute.

Maybe he was aware of the federal criminal investigation, or perhaps he had just decided that he not longer needed to cooperate with the Guardian as he sought statewide office, but he became increasingly hostile to our inquiries. Last month, when Yee saw San Francisco Media Co. (which owns the Guardian) CEO Todd Vogt having dinner with Board of Supervisors President David Chiu in a local restaurant, Vogt said Yee angrily accused the Guardian of being motivated by an anti-Asian bias in our inquiries and criticism, an incident that Vogt described to us as bizarre.

Guardian calls to staffers in Yee’s office, today and in recent weeks, haven’t been returned.

Yee has been a champion of sunshine (last week, the Society of Professional Journalists NorCal gave him a James Madison Freedom of Information Award for defending the California Public Records Act) and gun control, last year getting three such bills signed into law. SB 755 expands the list of crimes that would disqualify and individual from owning a gun, SB 374 prohibited semiautomatic rifles with detachable magazines, and SB 53 made background checks a requisite step in purchasing ammunition.

But he’s disappointed liberal and progressive constituencies — renters, environmentalists, seniors, students, the LGBT community — in San Francisco and beyond with most of his other votes, some of which ended up killing important legislation.

Yee voted against SB 405, which would have extended San Francisco’s plastic bag ban statewide. He also said no to regulating gasoline price manipulation by voting against SB 441, siding with the Big Oil over his constituents. And then he sided with Big Pharma in voting against SB 809, which would have taxed prescription drugs to help fund a state program designed to reduce their abuse, partially by creating a database to track prescriptions.

In addition to the Pharma-loving, ocean-shunning, oil-chugging votes Yee has cast, he has also turned a cold shoulder towards the elderly (by voting against SB 205, a bill that would make prescription font larger or, as the elderly would like to say, “readable”), the LGBTQ community (by voting against SB 761, which protects employees that use Paid Family Leave), students (by abstaining from a vote on AB 233, which would allow debt collectors to garnish the wages of college students with outstanding student loans), and tenants (by voting against the SB 510, the Mobile Home Park Conversion bill, and SB 603, which protects tenants from greedy landlords).

This year, as San Francisco’s other legislative representatives — Sen. Mark Leno and Assemblymembers Tom Ammiano and Phil Ting — announced efforts to reform the Ellis Act to address the escalating eviction epidemic in San Francisco, Yee has pointedly refused to support or even take a position on the effort.

In 2013, Yee sided with the Republican Party nine times on key votes, earning the scorn of many of his Democratic Party colleagues. Yee even voted for SCR 59, which would have created highway signs honored former Sen. Pete Knight, the late conservative Republican who authored Prop. 22 in 2000, strengthening California’s stand against same-sex marriage at the time.

Since we ran our “The real Leland Yee” article on Aug. 30, 2011, Yee has voted on 88 “key” pieces of legislation, according to the non-partisan, non-profit educational organization Project Vote Smart, and his final recorded vote has been “Yea” 80 times. He has abstained from voting six times, and has voted “Nay” just twice.

One of those votes came in response to a bill that was deemed “unnecessary” by Gov. Jerry Brown, but the other bill, SB 376, would have prohibited the harvesting and sale of shark fins in California.

In 2013, his voting record more closely aligns with Sen. Mark Wyland, a Republican from Carlsbad, than it does with any other Democrat on the Senate, finishing just ahead of Sen. Ron Calderon, the Southern California Democrat who was also indicted by the federal government on corruption charges last month after allegedly accepting bribes from an undercover FBI agent.

Throughout his legislative career, Yee has regularly supported Pacific Gas & Electric’s stranglehold on San Francisco’s energy market and benefitted from the company’s corrupting largesse. None of this may have crossed the line into actual criminal conduct — but for those familiar with Yee and his transactional approach to politics and governance, today’s indictment isn’t a huge surprise. 

Watchdogs in action

1

news@sfbg.com

The Society of Professional Journalists, Northern California, will honor the following James Madison Freedom of Information Award winners during a March 20 banquet. Details on their work and the dinner are available at www.spjnorcal.org.

 

VOICE FOR PRISONERS

Throughout his 29-year journalism career, Peter Sussman, a retired San Francisco Chronicle editor, advocated for greater media access to prisoners and fought to uphold the rights of inmate journalists. In the 1980s, federal prison officials cracked down on inmate Dannie “Red Hog” Martin for writing to Sussman to share what life was like behind bars.

The retaliation spurred an epic battle over free speech within prison walls, and Sussman responded by publishing Martin’s regular writings about prison life, and later co-authoring a book with him titled Committing Journalism: The Prison Writings of Red Hog.

In the mid-’90s, Sussman fought state prison officials’ restrictions on media interviews with prisoners. He also helped write and sponsor statewide legislation to overturn limits restricting media access to prisons. Sussman will receive the Norwin S. Yoffie Award for Career Achievement.

 

GUIDING ASPIRING JOURNALISTS

Beverly Kees Educator Award winner Rob Gunnison is a former instructor and administrator at UC Berkeley’s Graduate School of Journalism, where he arrived after spending 15 years covering government and politics in Sacramento for the San Francisco Chronicle.

As a longtime instructor of a course called “Reporting and Writing the News,” Gunnison has continued to educate hungry young journalists on how to seek public records and carry out investigative reporting projects.

 

EXPOSING ATROCITIES

Peter Buxton will be honored with the FOI Whistleblower/Source Award. In 1972, Buxton played a key role in alerting the press to the ongoing operation of the Tuskegee syphilis experiments, where African American sharecroppers were intentionally exposed to the disease, without treatment or their knowledge, so researchers could study its progression.

By the time the story was related to the press, 28 men had died of syphilis, and 100 others had died of related complications. That leak helped spur Congressional hearings on the practice beginning in 1973, ultimately spurring a complete overhaul of federal regulations. A class-action lawsuit was filed, resulting in a $10 million settlement.

 

EXPOSING BART’S SCHEME

Reporter Tom Vacar of KTVU pushed for records determining whether replacement drivers that BART was training to help break last year’s labor strike were qualified to safely operate the trains, eventually finding that they had been simply rubber-stamped by the California Public Utilities Commission.

Those findings proved gravely significant on Oct. 21 when two workers on the tracks were killed by a BART train operated at the time by an uncertified trainee, an accident still being investigated by the National Transportation Safety Board.

 

STANDING FOR SUNSHINE

California Sen. Leland Yee is once again being honored by SPJ Norcal for his work on sunshine issues, including last year criticizing Gov. Jerry Brown and other fellow Democrats who had sought to weaken the California Public Records Act, instead seeking to strengthen the ability of the courts to enforce the law.

 

FIGHTING THE CITY

Freelance journalist Richard Knee’s Distinguished Service Award caps a 12-year fight for open government in a city eager to stash its skeletons securely in closets.

Knee is a longtime member of the San Francisco’s Sunshine Ordinance Task Force, created in 1994 to safeguard the city’s Sunshine Ordinance, and he has fought to maintain its power and relevance.

Over the years, many city agencies have fought against the task force, from the City Attorney’s Office to a group of four supervisors who claimed the task force was wasting public money, a struggle that is still ongoing.

 

BADGES AND ACCOUNTABILITY

The Lake County News and its co-founders Elizabeth Larson and John Jensen will received a News Media Award for a protracted legal battle with local law enforcement for a simple journalistic right: interview access.

The scrappy local paper detailed allegations that Lake County Sheriff Frank Rivero and his deputies wrongfully detained suspects on trumped up charges, made threats, conducted warrantless home searches, and violated suspects’ civil rights.

Rivero’s office responded by blacklisting the paper from interviews, a fundamental building block of news coverage. The paper sued the Lake County Sheriff’s Department, eventually winning its battle to obtain the right to keep asking the sheriff the tough questions.

 

PROTECTING THEIR SOURCES

When Saratoga High School student Audrie Potts committed suicide in September 2012, her parents alleged she was pushed over the edge by cyber bullying over photos of Potts at a party. High school journalists Samuel Liu, Sabrina Chen, and Cristina Curcelli of The Saratoga Falcon scooped the sensational national media outlets that descended on the story, but they were subpoenaed by the Potts family to reveal their sources.

They refused, citing California’s shield law in a successful legal defense that strengthened the rights of student journalists. As Liu said, “We are not willing to destroy our journalistic integrity by giving up our confidential sources, we got this information on the condition of anonymity, from people that trusted us.”

 

BUYING FRIENDS AT CITY HALL

Bay Guardian News Editor Rebecca Bowe and Reporter Joe Fitzgerald Rodriguez are being honored with a Journalist Award for “Friends in the Shadows,” (10/8/13) our investigation of the shady ways that developers and other powerful players buy influence at City Hall.

“Their detailed and thorough account explored a trail of money through myriad city agencies and departments,” the awards committee wrote, noting how the paper “used public records, interviews and independent research to probe how developers, corporations and city contractors use indirect gifts to city agencies to buy influence.”

 

NEWS FROM INSIDE

For accomplishing “extraordinary journalism under extraordinary circumstances,” The San Quentin News is being honored with a News Media Award. It is California’s only inmate-produced newspaper, and one of the few in existence worldwide.

The San Quentin News publishes about 20 pages monthly, and has a press run of 11,500 for inmates, correctional officers, staff, and community members. It’s distributed to 17 other prisons throughout California.

Under the scrutiny of prison authorities, the inmate journalists and volunteers wound up covering a historic prison hunger strike, the overcrowding of the prison population, and the denial of compassionate release for a dying inmate, an octogenarian with a terminal illness.

 

EXPOSING TORTURERS

The Western Hemisphere Institute for Security Cooperation (WHINSEC), better known as the name it held prior to 2001, the School of the Americas, is a combat training school for Latin American soldiers and commanders, with many graduates going on to commit human rights atrocities.

School of the Americas Watch founder Judith Litesky, a former nun, and Theresa Cameranesi, filed a lawsuit in federal court in San Francisco seeking the list of those who had gone though courses that include counter insurgency techniques, sniper training, psychological warfare, military intelligence and interrogation tactics.

Last year, the pair won a significant victory when a federal judge in Oakland ruled that the government could not cite national security reasons in withholding the names. Although the case is ongoing, they are being honored with a Citizen Award.

 

FIGHTING CORPORATE SNOOPS

In 2008, journalists from The New York Times and BusinessWeek looked to Terry Gross of Gross Belsky Alonso for legal counsel in a case against Hewlett-Packard. In a staggering display of corporate snooping, the tech giant had illegally obtained private telephone records of the journalists, in an attempt to gain access to the identities of their sources.

Gross has also defended journalists against police in cases regarding media access for breaking-news events, and he’s helped to expand the rights of online journalists. This year, Gross will receive the FOI Legal Counsel Award.

 

BAD BRIDGE, GOOD JOURNALIST

Sacramento Bee Senior Investigative Reporter Charles Piller will be honored with a Journalist Award for exposing corrosion problems in the long delayed, cost-plagued eastern span of the San Francisco-Oakland Bay Bridge. His breaking story and subsequent follow-ups revealed Caltrans’ inadequate corrosion testing, as well as inadequate responses to bridge inspectors who for more than two years warned Caltrans of water leaks and corrosion — only to go unheeded.

 

SUNSHINE COLUMNIST

Editorial and Commentary Award winner Daniel Borenstein, who writes for the Bay Area News Group, issued a strong response to a legislative attack on California’s Public Records Act last year, ultimately helping to defeat proposed changes that would have gutted the law.

“Without the state Public Records Act, we would never know about the Oakley City Manager’s $366,500 taxpayer-funded mortgage scheme, the Washington Township hospital CEO’s $800,000-plus annual compensation or the retired San Ramon Valley fire chief’s $310,000 yearly pension,” Borenstein wrote in one of his columns. “We would be ignorant of broken bolts on the Bay Bridge, the cover-up of Moraga teachers sexually abusing students, a BART train operator who collected salary and benefits totaling $193,407, the former BART general manager who received $420,000 the year after she was fired or the Port of Oakland executives who spent $4,500 one night at a Texas strip club.”

Is Newsom on the wrong side of high-speed rail history?

38

As California struggles to reduce its greenhouse gas emissions and meet the long-term transportation needs of a growing population, officials from Gov. Jerry Brown to Mayor Ed Lee have steadfastly supported the embattled California High-Speed Rail Project, which Lt. Gov. Gavin Newsom recently withdrew his support from. California now has until July 1 to find funds to match the federal grants.

It’s not exactly surprised that this calculating and politically ambitious centrist would cave in to conservatives like this, particularly as Newsom tries to set himself up to succeed Brown in four years. But it’s a sharp contrast to more principled politicians like Brown, and to those trying to create the transportation system future generations will need, as President Barack Obama took a step toward doing today by announcing new federal transportation funding.

US Transportation Secretary Anthony Fox is also taking part in the three-day High Speed Rail Summit, sponsored by the United State High-Speed Rail Association, that began yesterday in Washington DC. Its theme is Full Speed Ahead.

“Secretary Foxx’s experience at the local level as mayor of Charlotte is extremely valuable for shaping national transportation policy. We look forward to working with the Secretary to advance high speed rail in America across party lines,” USHSRA President and CEO Andy Kunz said in a press release. 

While Newsom’s new tact may play well with myopic, penny-pinching, car-dependent moderate and conservative voters, many of his allies and constituents were furious with his about-face on a project that promises to get riders from downtown San Francisco to downtown Los Angeles in less than three hours. 

Among those unhappy is San Francisco resident Peter Nasatir, who forwarded the Guardian a well-written letter that he has sent to Newsom’s office:

Dear Lt. Gov. Newsom,

I am a long time San Francisco resident, and although I have criticized many of your policies, I’ve always respected your commitment to be at the forefront of controversial issues.  Even if the issue could have wrecked your political career, you still had the guts to take the lumps for a righteous cause.

That is why I’m so shocked you would publically decry the High-Speed Rail project.  Yes there are cost overruns.  Yes the public is sour to it today, but what would you propose as an alternative:  more freeways, more runways?  Every expert in the field has already signed off that runways and freeways have expanded as far as they can.  Are you not a leading voice in demanding technical innovation in all levels of government? 

In your book, Citizenville, did you not put forth the clarion call for citizens to embrace technological change?  Did you not say that San Francisco was behind the likes of Estonia and South Korea in terms of digital governance?  Is it not fair to say that California is behind Europe and Asia when it comes to high speed rail?

Could you have said something along the lines that the trajectory the project is going is troubling, but Californians for generations to come will benefit from it.  This project must be saved, because to do otherwise will send California back 60 years.

You are a political maverick who had put his career on the line many times with such controversial positions as same-sex marriage, and walking the picket line with hotel workers on Union Square.  High-speed rail is coming.  The economy demands it, the environment demands it, and Central Valley population growth demands it.  You may get some votes from moderates in the short run, but in the long run, you have positioned yourself as the most prominent person in the state to be on the wrong side of history.

 

Peter Nasatir

 

 

 

The price of growth

20

joe@sfbg.com

San Francisco is booming, but will its infrastructure be able to keep up with its population growth?

The problem is acutely illustrated in the southeast part of San Francisco, where long-stalled development plans were finally greenlit by the adoption of the Eastern Neighborhoods Community Plan a few years ago.

The Mission, Potrero Hill, Dogpatch, and Mission Bay districts have attracted more attention from developers than any other sector of San Francisco, according to the Planning Department. Bayview and Hunters Point are also now attracting lots of investment and building by developers.

But when development projects don’t pay the full cost of the infrastructure needed to serve those new residents — which is often the case in San Francisco and throughout California, with its Prop. 13 cap on property tax increases — then that burden gets passed on the rest of us.

Mayor Ed Lee’s recent call to build 30,000 new housing units by 2020 and the dollar sign lures of waterfront development have pressed the gas pedal on construction, while giving short shrift to corresponding questions about how the serve that growth.

growthimage

Infrastructure needs — such as roads, public transit, parks, and the water and sewer systems — aren’t as sexy as other issues. But infrastructure is vital to creating a functional city.

That kind of planning (or lack thereof) impacts traffic congestion, public safety, and the overall livability of the city. And right now, the eastern neighborhoods alone face a funding gap as high as $274 million, according to city estimates highlighted by area Sup. Malia Cohen.

That’s why Cohen went looking for help, though that’s not exactly what she found.

 

MEETING DEMAND

Cohen has asked Mayor Lee about the lack of adequate investment in critical infrastructure again and again. She asked his staffers, she asked his aides. At the Feb. 11 Board of Supervisors meeting, during the mayor’s question time, she was determined to ask one more time.

Cohen asked the mayor about how to fund infrastructure needs in the eastern neighborhoods and whether the city should use a new, rarely used fundraising option called an Infrastructure Financing District, or IFD.

“When the city adopted the Eastern Neighborhoods Plan, we were aware of a significant funding gap that existed for infrastructure improvement,” she said to the mayor. She asked if he would slow down development while the city caught up with infrastructure improvements, or commit more funding.

Cohen asked pointedly, “Would you support an IFD for the eastern neighborhoods?”

The mayor’s answer was in the foreign language known as bureaucratese, offering a firm “only if we have to.”

“Strategically planning for growth means making long-term investments in infrastructure,” he said. “And the most important thing that we can do right now is to work together to place and pass two new revenue generating bonds measures on the November 2014 ballot.”

But his proposed $500 million general obligation bond and $1 billion local vehicle license fee increase would just go to citywide transportation projects, where the city faces $6 billion in capital needs over the next 15 years, according to a task force formed by the mayor.

That’s small comfort for the people of the eastern neighborhoods, who are already ill-served by Muni and will have other needs as well. It’s a situation likely to get worse as the population there increases, unless the city finds a way to make serious new investments.

 

CITY VS. NEIGHBORHOOD

Development impact fees go to the city’s General Fund, paying for the planning work, building inspections, and a share of citywide infrastructure improvements. The problem with that strategy, opponents say, is that there are then no promises that the money will make its way back to the neighborhood that generated the funding in the first place.

Neighborhood advocates see a need to address the problems created by new development by capturing fees before they get to the General Fund. IFDs do just that. Though the nuts and bolts of how an IFD works are complex, the gist is this: Once implemented, an IFD sets up a special area in a neighborhood where a portion of developer impact fees are captured to exclusively fund infrastructure where the development is.

“So the idea that growth should pay for growth was the notion,” Tom Radulovich, executive director of the nonprofit group Livable City, told us. But with money flowing into the General Fund rather than being earmarked for specific neighborhoods, Radulovich said,the infrastructure is going to come much later than the development. (The city) delivers projects slowly, if at all.”

IFDs are largely untested in California, and have only one recent use in San Francisco, on Rincon Hill, where a deal with developers cut by then-Sup. Chris Daly has morphed into an IFD created by his successor, Sup. Jane Kim. The neighborhood will now see new funding, and a new park, as a result of development there.

“This is a HUGE step towards getting the public infrastructure improvements needed to correct livability deficiencies in Rincon Hill,” read a newsletter from the Rincon Hill Neighborhood Association in 2011. “What does this mean for those of us living (here)? It means the Caltrans property at 333 Harrison Street has a short future as a commuter parking lot, because the front portion will become our first neighborhood park.”

The benefits are tangible, but putting an IFD into action is onerous. California Senate documents describe the hurdles involved: The county (or city) needs an infrastructure plan, it must hold public hearings, every local agency that will contribute property tax revenue must approve the plan, and the IFD needs to go to ballot and obtain two-thirds voter approval, a high mountain to climb.

Gov. Jerry Brown has called for lowering the voter threshold for IFDs to 55 percent in his newest budget. The mayor used the governor’s rationale as reason to avoid an IFD for the eastern neighborhoods when speaking on the topic last week. But that may not be his only reason.

“Even if we get the changes that we seek, it’s important to point out that IFDs don’t create more money for our city, they fund specific capital improvements by earmarking money in the General Fund for a particular purpose,” Lee said.

In other words, IFDs take money from a city that is already wrestling with underfunded citywide infrastructure needs. “Earmarking general funds isn’t something that we do lightly,” Lee told Cohen.

But Peter Cohen, co-director of the Council of Community Housing Organizations, put it this way to us: “Should the eastern neighborhoods be the cash cow for the General Fund?”

 

BOOMTOWN

With more than 10,000 housing entitlements, the eastern neighborhoods are where San Francisco will experience its biggest growing pangs.

“The eastern neighborhoods are ground zero for development in San Francisco,” Keith Goldstein, a long time member of the Eastern Neighborhoods Citizens Advisory Committee, told a Nov. 14 Board of Supervisors Government Oversight Committee hearing on the issue.

Sups. Cohen and David Campos spent the majority of the meeting trying to find solutions, but none were forthcoming. Instead they were met with presentations on the neighborhood’s myriad needs, but few on how they would be funded.

Muni is also starved for resources in the area, where the T-line is notorious for its “switchbacks” that leave riders stranded before completing its run.

“This is a topic I’ve advocated a lot,” Sup. Scott Wiener told us. “When you have a growing population, these folks absolutely have to have service.”

At the meeting, Planning Director John Rahaim put the problem simply: “There’s a lack of development fee funding.” The officials that day from the SFMTA, Planning Department, and the Department of Public Works presented plans that relied heavily on state and federal funding to meet the new construction and infrastructure needs, a funding gap of $274 million.

“We’re really struggling to maintain the infrastructure the city has,” Brian Strong, director of capital planning, said at the meeting. “For the General Fund itself, we’re deferring $3.9 billion in capital projects the city deemed high priority. We just don’t have the funds.”

The Mayor’s Office didn’t respond to our questions about how to solve the problem, but Sup. Cohen said she’s hopeful he’ll support an IFD in her district.

“When we introduced the plan five years ago, we knew there was a gap in terms of what we expected to collect. In terms of development impact fees, we’re still in that place,” she told us. “I just want to get shit done.”

One report seems to agree with Cohen on the importance of IFDs. In 2009, a major report on development in the eastern neighborhoods was filed to then-Mayor Gavin Newsom. It recommended the city “commission a consultant study to inform the formation of an IFD,” saying it was the best tool available to fund infrastructure in the eastern districts.

The top signature on the report belonged to then-City Administrator Ed Lee. Now that he’s mayor, a mayor calling for rapid growth, can he find a way to pay for the infrastructure to serve those new residents?

Conservative star in ‘Monologos de la Vagina’ replaced

5

Following national controversy over the resignation of a politically conservative actress from the local Spanish-language production of The Vagina Monologues, producer Eliana Lopez announced last week that the production had found a replacement.

Actress Alba Roversi, a veteran of the Spanish language Monologos de la Vagina, will take the place of Maria Conchita Alonso, whose departure from the play had Fox News crying foul over her being “forced out” for her conservative political views.

Any chance to needle San Francisco, right?

Roversi starred in over 20 Spanish language soap operas, though she may not have the same name recognition in the US as Alonso, whose filmography includes Predator 2 and The Running Man (with our former Governator). Roversi is in, and Alonso is out.

Alonso stirred the pot for backing Tea Party gubernatorial candidate Tim Donnelly in a YouTube ad that garnered just over 100,000 hits. Donnelly, a Republican Assemblymember representing the 33rd District along the Arizona border, is running a long-shot campaign to unseat the ever-popular Jerry Brown this November on a core right-wing platform.

“We’re Californians, I want a gun in every Californian’s gun safe, I want the government out of our businesses and our bedrooms,” he says in the controversial ad, standing in a cowboy hat next to Alonso.

“He has ‘big ones,’ and he is angry,” Alonso says in Spanish, by way of translation.

The ad had San Franciscans fired up, diverting attention from a performance celebrating women and devolving into a political shouting match, Lopez told the Guardian. Threats of boycotts put Monologos de la Vagina in the crosshairs. Alonso told media outlets she’d stepped down from the play to protect her fellow performers.

“The other actors don’t have to go through this,” she said to Fox News & Friends host Clayton Morris. “They don’t deserve this. It’s on me only, they can do whatever they want with me.”

Residents of the historically Latino Mission District have good reason to be pissed at Donnelly: The Tea Party wunderkind rose to fame as a former member of the gun toting border-patrollers, the Minutemen.

“Of course she [Alonso] has a right to say whatever she wants. But we’re in the middle of the Mission. Doing what she is doing is against what we believe,” Lopez, who is also starring in the play, said in her most oft-mentioned quote in national media outlets.

In particular, Alonso’s endorsement didn’t jibe with the intention behind bringing the Spanish-language Monologos de la Vagina to the Mission’s Brava Theater, which was to celebrate the rapidly disappearing Latino/a culture of the area.

“I’ve been working on this show for almost a year trying to raise the money, find the venue, the sponsors,” she said. “My feeling was, as Latinas we have such beautiful things to offer. We have great actors and actresses who can bring things to the Mission and feel proud of. Inside me I felt, I want to bring that here, I want to do it. We can bring attention to our culture in a beautiful way, a high quality way.”

With a new actress in place, she’s ready to move beyond the controversy, Lopez said. “How do you say in English? The show must go on.” 

Monologos de la Vagina finds new actress to replace controversial conservative

62

Following national controversy over the resignation of a politically conservative actress from the local Spanish-language production of The Vagina Monologues, producer Eliana Lopez announced yesterday that the production has found a replacement.

Actress Alba Roversi, a veteran of the Spanish language Monologos de la Vagina, will take the place of Maria Conchita Alonso, whose departure from the play had Fox News crying foul over her being “forced out” for her conservative political views. 

Any chance to needle San Francisco, right? 

Roversi starred in over 20 Spanish language soap operas, though she may not have the same name recognition in the US as Alonso, whose filmography includes Predator 2 and The Running Man (with our former Governator). Roversi is in, and Alonso is out.

Alonso stirred the pot when she backed Tea Party gubernatorial candidate Tim Donnely in an ad on YouTube that garnered just over 100,000 hits. Donnely is running a long-shot campaign to unseat the ever popular Jerry Brown this November on a core right-wing platform.

“We’re Californians, I want a gun in every Californian’s gun safe, I want the government out of our businesses and our bedrooms,” he says in the controversial ad, standing in a cowboy hat next to Alonso. 

“He has ‘big ones,’ and he is angry,” Alonso says in Spanish, by way of translation.

The ad had San Franciscans fired up, diverting attention away from a performance celebrating women to a political shouting match, Lopez told the Guardian. Threats of boycotts put Monologos de la Vagina in the crosshairs. Alonso told media outlets she stepped down from the play to protect her fellow performers.

The video in question, a campaign ad for Donnely starring Alonso and her dog Tequila. 

“The other actors don’t have to go through this,” she said to Fox News & Friends host Clayton Morris. “They don’t deserve this. It’s on me only, they can do whatever they want with me.” 

Why so pissed, San Francisco? Well, the historically Latino Mission district has good reason to not be a fan of Donnely. The Tea Party wunderkind rose to fame as a former member of the gun toting border-patrollers, the Minutemen. From the LA Weekly circa 2010

Tim Donnelly took two handguns on his first tour with the Minutemen, back in ’05. His Colt .45 was photogenic, like that of an Old West gunslinger. But before heading to the Mexico border, Donnelly took it to the range and couldn’t hit the target. So he bought a Model 1911c — a semiautomatic that would shoot straight, if it came to that.

The key to Donnelly’s primary election victory was his pledge to introduce Arizona’s immigration law here. If elected, he will be Sacramento’s leading foe of illegal immigration.

Donnely was geared up to fire off his Colt by the US-Mexico border and essentially promised to bring a culture of fear to California immigrants. Is it a wonder that Eliana Lopez felt that Alonso’s endorsement of him didn’t quite jibe with the politics of San Francisco? 

“Of course she (Alonso) has a right to say whatever she wants. But we’re in the middle of the Mission. Doing what she is doing is against what we believe,” Lopez, who is also starring in the play, said in her most oft-mentioned quote in national media outlets. 

In particular, it didn’t jibe with reasons for bringing the Spanish-language Monologos de la Vagina to the Mission’s Brava Theater, a message that may be lost in the controversy surrounding Alonso’s controversial departure. 

It’s a time of increasing gentrification, when the city’s Latinos/as fear displacement and a loss of their history and esteem. She sees it through the eyes of her young son, Theo, as fewer and fewer Spanish speakers surround his daily life in San Francisco. Lopez wanted to send a clear message: our culture matters. 

Latinas are worthy of celebration.

“I’ve been working on this show for almost a year trying to raise the money, find the venue, the sponsors,” she said. “My feeling was, as Latinas we have such beautiful things to offer. We have great actors and actresses who can bring things to the Mission and feel proud of. Inside me I felt, I want to bring that here, I want to do it. We can bring attention to our culture in a beautiful way, a high quality way.” 

With a new actress in place, she’s ready to move beyond the controversy, she said. 

“How do you say in English? The show must go on.” 

Drought

41

steve@sfbg.com

I remember the dead lawns, 90-second timed showers, empty fountains and pools, and water cops issuing tickets for washing one’s dirty car. “If it’s yellow let it mellow, if it’s brown flush it down,” went the toilet edict they taught us in school. Water was too precious to just wantonly flush away.

I was 8 years old in 1976-77 during California’s last severe drought, but I retain vivid, visceral memories of that time. Water was an ever-present concern. I learned how dependent we are on the natural world and the role that individual responsibility plays in collective action, particularly in times of turmoil.

Everyone’s yards were brown; nobody’s cars were clean. We were in it together.

But even deeply implanted memories and learned behaviors fade. I may still feel subtle emotional pangs when I watch the water running down the drain when I shave or wash the dishes, yet I’d content myself with the knowledge that water is a renewable resource and we were no longer in a severe drought.

Or at least I was able to do that until this season. California experienced its driest year in recorded history in 2013, and it’s still not raining as we go to press. Yes, there are welcome predictions of finally getting some rain this week, but not the sustained precipitation we need to make a difference.

If current long-range weather forecasts hold true, this winter could be even drier than last winter, causing by far the most severe drought in state history, worse than ’76-’77, even worse than 1923-24, the driest winter ever and the beginning of a seven-year drought.

“We’re facing the worst drought California has ever seen,” Gov. Jerry Brown told reporters on Jan. 17 as he proclaimed a state of emergency, invoking powers to redirect water resources and asking Californians to reduce their consumption by 20 percent.

Yet as dire as this situation may be — and we’ll have a better idea by the end of March, when more stringent water restrictions will be enacted if we don’t get some serious rainfall by then — one of the scariest aspects to this drought is that it may be just a preview of things to come.

This could be the new normal by the end the century. Most reputable climate change models predict California’s average temperature will increase 3-8 degrees by 2100. That’s enough to radically change our climate, causing shorter winters with less precipitation, and more of it coming in the form of rain than snow, undermining the elegant system of storing water within the Sierra snowpack.

That also translates into more extreme conditions, from more flooding in the winter and spring to more dangerous heat waves and wildfires in the summer and fall — and more frequent and severe droughts.

“People should reflect on how dependent we are on rain, nature, and other another,” Brown said at the end of his news conference. “This is Mother Nature. At some point we have to decide to live with nature and get on nature’s side and not abuse the resources we have.”

That theme of interdependence was one he returned to several times during that 14-minute event. Brown was governor during that last big drought in ’76-’77, and when a reporter asked what lessons he took from that experience, he said, “We’re dependent on rain, we’re dependent on one another.”

He expressed confidence that Californians will find their way through even the most severe drought, although he acknowledged it will exacerbate existing conflicts between cities and rural areas, farmers and environmentalists, and Northern and Southern California as each fights for its interests.

“This takes a coming together of all the people of California to deal with this serious and prolonged event of nature,” Brown said. “This is going to take a lot of support and a lot of collaboration on the part of everybody.”

 

STATE OF DENIAL

California is on a collision course with reality. Whether or not it’s this drought that wakes us up, at some point we’ll awaken to the fact that a growing population can’t survive on dwindling water resources without a major shift in how we operate.

“California does not today live within its means. We want more water than nature is naturally providing, even in normal years,” said Dr. Peter Gleick, president of the Oakland-based Pacific Institute and a world-renowned expert on water issues whose research has fueled United Nations studies as well as his own books. “Some of the most serious impacts of climate change are going to be on water.”

That’s particularly true for California, whose large population and huge agricultural and other water-dependent industries belie a Mediterranean climate that is actually quite fragile and susceptible to droughts and the impacts of climate change.

“You’ve got 30 million people perched on the edge of a physical impossibility, unless we act with huge speed,” said Bill McKibben, an author and researcher who founded 350.org, one of the leading advocacy organizations for addressing climate change.

Gleick and McKibben are leading voices on the related issues of water policy and climate change, respectively, and they both told the Guardian that this drought should finally get people serious about conservation, efficiency, reducing our carbon output, and generally living in greater harmony with the natural world.

“The current drought ought to be a wake-up call to tell us we have to start thinking about our water resources differently,” Gleick told us, calling for far greater efficiency in how we use water, particularly in cities and the agriculture industry. “California has made great progress over the last several decades, but we’re nowhere near where we could be or should be.”

From low-flow toilets and shower heads to smarter irrigation techniques and recycled wastewater, California has made tremendous advances in its water efficiency since the last big drought. But Gleick and McKibben both say California needs a seismic shift in its thinking to grapple how a growing population can function within a changing climate.

“The assumption has always been that as we get larger populations, we’ll figure out their resource needs,” Gleick said, pointing out that climate change challenges that assumption and calls for more proactive thinking. “We need to do a better job at planning for future resource needs.”

Times of crisis can trigger that kind of shift in thinking. Gleick said Australia’s “Millennium drought” from 1995 to 2009 began with basic conservation measures and eventually led to a complete overhaul of water rights, “policies that we haven’t even contemplated” in California.

But Californians may soon be forced into such contemplations.

“It’s physics in action. This is what happens when you start to change the way the world has worked throughout human history,” McKibben told us. “Some people will be empowered to act, and some will have to go into denial. A truly interesting test will be Jerry Brown — he ‘gets it’ on climate, but he’d love to frack as well apparently. He’s like a Rorschach for the state.”

Brown’s call to work with nature and one another is encouraging, but neither Gleick nor McKibben were willing to wager that Brown is ready to lead the big discussion Californians need to have about our long-term needs.

Yet Gleick says something will have to start that conversation before too long: “It’s either going to take a more severe drought or better political leadership.”

 

FIRES IN JANUARY

California is a tinderbox right now, with a high risk of wildfires that could get unimaginably worse by this summer.

“We’re experiencing conditions in California that we typically see in August,” CalFire spokesperson Daniel Berlant told us. “We never really moved out of fire season in Southern California.”

And that will only get worse as global warming changes California’s climate.

“As summers get longer, it extends the window for fires,” Berlant said. “It’s a clear sign that this generation is seeing more and bigger fires.”

Farmers are also worried, facing the prospect of fields going fallow.

“There is considerable anxiety on farms and ranches throughout California,” Dave Kranz, spokesperson for the California Farm Bureau, told the Guardian. “We know it’s going to be bad, we just don’t know how bad.”

He described ranchers selling their animals before they reach market weight and farmers considering whether to plant field crops and how to keep trees and vines alive if things get bad.

“You have people irrigating crops in January, which is a very unusual occurrence,” Kranz said. And if the rains don’t come this winter, “hundreds of thousands of acres of land would be left unplanted.”

Kranz said that “farmers have become significantly more efficient in their water use,” citing stats that crop production doubled in California between 1967 and 2005 while the water used by the industry dropped 13 percent. “We talk about more crop per drop.”

But Gleick also said the fact that agriculture accounts for 80 percent of water use in California must be addressed, something that Kranz acknowledges. For example, he said Central Valley fields that once grew cotton, which takes a lot of water, have mostly switched to almonds. Pistachios are also big now, partially because they can be grown with saltier water.

“Farmers adapt, that’s what they’ve done historically in response to weather trends and market demands,” he said.

“There’s only so much water and much of it is spoken for for the environment,” Kranz said, acknowledging species needs but also complaining about much of the last big rains, in November and December of 2012, were released to protect the Delta smelt. “We should have saved some of that water.”

While the 1927-28 winter was the driest on record in the state, dropping just 17.1 inches of rain, this winter already looks worse, with just 3.5 inches falling so far as of Jan. 27. That could change quickly — indeed, a chance of rain was finally in the forecast for Jan. 30 and Feb. 2 — but it doesn’t seem likely that we’ll get enough to end this drought.

“Right now, we are saying the odds do not indicate a Miracle March, which is not good,” a meteorologist with the National Weather Service’s Climate Prediction Center told the San Jose Mercury News on Jan. 16 following release of its three-month forecast.

The worse it gets, the more heated the political battles will become over how to address it.

“You’re going to hear a lot of talk about additional water storage,” Kranz said. “We’re paying now for not creating more storage 10-15 years ago. Droughts happen in California.”

But even Kranz and his generally conservative constituency is talking about tweaks to existing reservoirs — such as increasing Shasta Lake’s capacity and expanding the Sykes Reservoir in Colusa County — rather than big new dam projects.

Gleick agrees that the era of building big dams in California is over. “You can’t build a new dam in California, with their enormous political, economic, and environmental costs.”

And that makes the challenges this state faces all the more vexing.

 

PAST AND FUTURE

California has dealt with drought many times before, including several that lasted for a few years. The last sustained drought was in 1987-1992, but it wasn’t nearly as dry as earlier droughts, such the 1928-1934 drought, the worst one on record.

Officials try to learn from each drought, studying what happened and trying to develop long-term solutions, such as the water banking and distribution systems established during the 1976-77 drought. Yet a study by the Department of Water Resources in 1978 also concluded that we’re essentially at the mercy of nature.

“The 1976-77 drought has again shown that finite nature of our resources and our limited ability to control nature,” read the introduction to the report “The 1976-77 California Drought: A Review.”

DWR’s then-Director Ronald Robie warned at the time that there was no way to predict when or how severe the next drought might be. “We can be assured, however, that drought will return,” he wrote, “and, considering the greater needs of that future time, its impact, unless prepared for, will be much greater.”

Those words could carry a special resonance now, but it’s even scarier given long-range climate change forecasts that Robie wasn’t taking into account when he wrote those words. California estimates it will add more than 15 million people between 2010 and 2060, crossing the 50 million people mark in 2049.

“California could lead the nation into renewable energy. You’ve got the sun. But it would take a 21st century statesman. I guess we’ll find out whether Brown’s that guy — he could be, freed from the need for political popularity after this next election,” McKibben said, calling Brown “a true visionary in many ways, but also a politician. What a fascinating gut check!”

Gleick said that he sometimes gets asked whether climate change is causing the current California drought or other specific weather incidents, and he said that question misses the crucial point: “All of our weather today is influenced by climate change.”

As the climate changes and the world warms, that becomes the new normal for California and other regions, affecting all of its weather patterns. “As goes our climate,” Gleick said, “so goes our water, and we’re not ready.”

Public weighs in on dueling museum proposals at Presidio Trust hearing

2

The fate of development Crissy Field is still up in the air after a townhall meeting last night [Mon/27] at the Presidio, where nearly 150 community leaders and residents spoke out on three rival museum proposals, in addition to a large group that supports no proposal at all.

“I don’t think any of them are taking history into consideration,” said SF resident Mike Brassington. “It’s a national historic landmark, and to my knowledge none of the groups care about the history.”

The three groups in question are vying for the highly coveted spot on mid-Crissy Field now occupied by Sports Basement, and each has submitted a proposal to the Presidio Trust laying out its development plans. The first is a project from Star Wars creator George Lucas, who hopes to open an interactive museum dedicated to illustration, digital art, and animation. The proposed facility, which would be funded from Lucas’ personal finances, has already been endorsed by influential leaders such as Rep. Nancy Pelosi, Gov. Jerry Brown, and SF Mayor Ed Lee.

“Arts education is critical to our students, and the whole city of San Francisco is their classroom,” said SF Board of Education Vice President Hydra Mendoza on behalf of the Mayor’s Office, speaking to the Presidio Trustees during the meeting. “The Lucas Cultural Arts Museum will create a rich new environment for our students.”

The Golden Gate National Park Conservatory (GGNPC) is the official sponsor for the second proposal, the Presidio Exchange, which is more commonly referred to as the PX. The PX — which is endorsed and funded by powerful groups such as National Geographic, the California Academy of Science, and the Aspen Institute — would be a conservatory and cultural center for both locals and tourists. The PX building, at 55,000 square feet, is the smallest facility and just over half the size of the other two.

“All of our partners can bring a lot of content to the Presidio,” said David Shaw, member of the GGNPC. “This is the most important issue of our time: the intersection of human culture and the natural world.”

The third and final proposal, known simply as The Bridge, is seen as the least competitive due to its lack of funding. Indeed, a spokesperson for The Bridge admitted to the Trustees that while the project had “no firm or solid” financial resources, they “do have the right idea.” While their efforts are noble, the “right idea” isn’t likely to earn a vote of confidence when millions of dollars are on the line.

Using the couple hundred members in the audience as a gauge, the PX project seemed to be the most popular, receiving the most robust applause out of the proposals. During the public comment portion, when any community member can hold the floor for up to two minutes, many people asked the Trustees to hold off on a decision. Virtually everyone who suggested a postponed decision also made clear that the PX was the least of the three evils, and if something had to be built, it should be the Presidio Exchange.

Charlotte Hennessy, who is on the board for the Presidio Historical Association and carries a sign that reads, “May the farce be with you,” agrees that the best solution is to put Crissy Field back as it used to be before all of the over-development. Just as a police officer arrives to escort Hennessy off of the premises toward the “First Amendment area” for carrying a sign, she shares her ideal vision for the future of the Presidio.

“Space,” Hennessy said. “Just open space.”  

The Presidio Trustees gave no timeframe for making a decision.

Proposal seeks to improve prospects for the formerly incarcerated

Questions concerning an individual’s criminal history have been banned from city agency employment applications in San Francisco since 2006. Now Sup. Jane Kim has proposed legislation to expand the reach of that policy into the private sector and affordable housing.

Introduced at the Board of Supervisors Tue/10, Kim’s legislation seeks to eliminate the bias of first impression that has long plagued the formerly incarcerated.

The Fair Chance ordinance builds upon existing city and state-level fair hiring policies, known as “ban the box” policies, already in place. It proposes to extend them to private businesses and affordable housing providers, as a way to remove “unnecessary barriers to stable housing and employment for individuals with conviction records,” according to a description of the legislation issued by Kim’s office.

“The most important thing to remember is that this is not a hiring mandate,” Kim explained in an interview. “We just want to create a process that’s based on merits.” She added, “We’ve also made it so you can only examine a persons arrest record for the last seven years in order to try to establish some sort of hiring standard.”

Existing “Ban the box” policies forbid employers in the public sector from asking prospective employees about prior criminal convictions in the early application process — essentially eliminating the polarizing “Have you ever been convicted of a crime?” check box from online and paper employment applications. Instead, it requires those that would request a background check to at least meet the person in question first. 

And it is a popular theme: “ban the box” policies in some form can be found in 10 states and more than 50 cities nationwide. Gov. Jerry Brown signed California’s version into law back in October, while the city of Richmond established one of the most progressive “ban the box” policies in America, joining Seattle and Philadelphia as major metropolitan areas to have extended the ban into the private sector.

“Our office has been working on this since January, and we’ve spent lots of time talking to other states and municipalities about what has worked for them,” Kim said.

Under San Francisco’s current “ban the box” policy, individuals with prior felony convictions are permitted to withhold the potentially damning information only if they are applying for a position with the city.

But under the Fair Chance Ordinance, which is co-sponsored by Sup. Malia Cohen, that practice would be extended to all jobseekers looking for private-sector work, at establishments with staffs larger than 20 people, as well as applicants for public housing.

The Fair Chance Ordinance wouldn’t place an outright ban on criminal inquiries, just require employers to hold off on background checks until after the interview, theoretically allowing recently integrated individuals an opportunity to contextualize their past indiscretions.

The idea behind the ban is simple. In the age of impersonal Internet applications, prospective employees are often quickly assessed in a binary manner, separating candidates into categories of hire-able or not the instant their applications are submitted.

And in an ultra-competitive job market, checking a box that condemns your past can condemn your future. There have been myriad reports about folks whose applications have been thrown out the moment that checked box is detected, but under Fair Chance, prospective employees would have the opportunity to get in front of their past.

And that’s the idea. “We’re just trying to help people get a foot in the door,” Kim said. “And we’re just trying to get folks to apply. A lot of [formerly incarcerated individuals] won’t even apply for jobs, because of the ‘box.’”

Suspending judgment

40

joe@sfbg.com

The Guardian is publishing only the first names of minors and their relatives named in this story, to protect their privacy.

In San Francisco public schools students can be sent home for talking back to a teacher, wearing a hat indoors, or sporting sagging pants. These infractions sound like the daily life of a kid, but the state calls them “willful defiance,” a category of suspensions that are nebulous to define at best.

Like the old saying about pornography, teachers say they know it when they see it, but students and parents alike are now calling foul on the practice.

The suspensions are so abundant in the San Francisco Unified School District that a movement has risen up against it. Sending kids home not only is an ineffective punishment, opponents say, it also can lead youth into the criminal justice system.

Now San Francisco Board of Education Commissioner Matt Haney is proposing a resolution that would ban willful defiance suspensions in San Francisco schools altogether.

“There will still be situations where we need to send a student home, but willful defiance will not be one of those reasons,” he told the Guardian. “Change is hard, complicated, and messy. But we can no longer deal with discipline or interactions with our students in that sort of way.”

He plans to introduce the resolution at the Dec. 10 Board of Education meeting, and if it passes, he said full implementation may take until the next school year.

There’s a fight to ban willful defiance suspensions statewide as well, but so far it’s been stymied. Just last month, Gov. Jerry Brown vetoed Assembly Bill 420, a bill mirroring aspects of Haney’s proposal. Those advocating for such a ban say it’s an issue of racial justice.

San Francisco’s African American and Latino students together suffer 80 percent of willful defiance suspensions, according to SFUSD data. The nonprofit student group Coleman Advocates for Children and Youth decried this statistic as an injustice, supporting the ban.

The San Francisco Board of Education took tentative steps to reduce suspensions as a whole in 2010, voting to introduce a new disciplinary system called Restorative Practices district wide. It’s complex, but basically asks students to talk things out in what are called “restorative circles” that include everyone involved in an incident, like a fight.

It’s also about changing the culture around discipline. It encourages teachers and students to establish a rapport, turning around the way some schools have practiced authority for decades.

At the time, there was hope. Fast forward three years, and that hope has dwindled.

Early evidence shows that Restorative Practices work better than suspensions, and prevent behavioral problems down the road, too. But out of SFUSD’s more than 100 schools, less than half of them started to implement the new reform.

Few schools have fully integrated the change, officials told us. Haney’s resolution addresses this with a mandate: SFUSD must implement Restorative Practices throughout the San Francisco school district.

The program is important, proponents say, because the majority of the 55,000 students a year moving through San Francisco schools still face school discipline that can set them way back in school and later may lead to incarceration. And suspensions can be levied for the smallest of infractions.

Cupcakes and justice

Xochitl is a 15-year-old SFUSD sophomore with long brown hair. She watches the TV show Supernatural (Dean is cuter than Sam) and yearns to one day live with her relatives in Nicaragua. Years ago on her middle school playground, she once faced a hungry child’s ultimate temptation: Free cupcakes.

The baked goods sat in a box on the cement by the playground, unattended. The frosting sat un-licked, the wrappers unwrapped.

She and her friend looked around, searching for a possible pastry owner nearby. Runners circled around the track in the distance, but no one else was around. The cupcakes met a satisfying fate inside Xochitl’s belly. The next morning went decidedly downhill.

As she walked into school, the counselor told her to go home: she was suspended.

“The cupcakes belonged to this girl because it was her birthday,” Xochitl said, something she found out only once she was being punished. “They went straight to suspension, they didn’t even let me speak.”

Restorative practices would have sat her with the birthday girl to explain her mistake and apologize. Maybe she would’ve bought the girl new cupcakes. That wasn’t what happened.

Suspended, Xochitl spent the day at her grandparents’ house. Not every suspended student has a safe place to go. Some turn to the streets.

stats

In October a group of mostly black young students marched to the Board of Education to protest willful defiance suspensions. The group, 100 Percent College Prep Institute, formed in the ashes of violence.

“I drive a school bus for a living, and I had a boy on my bus who was not bad, but not good,” said 100 Percent College Prep Institute co-founder Jackie Cohen, speaking with the Guardian as she marched with her students. “When we got back from Christmas break, he wasn’t back on the bus. Turns out he decided to ‘live that life.’ Three days later, I found he was shot and killed.”

In some communities the jaws of crime and drugs are forever nipping at their children’s heels. A child inside school is safe. Suspensions throw the most vulnerable students into the wild.

“Preventing crime in San Francisco begins with keeping children in the classroom,” SFPD Chief Greg Suhr wrote in a letter to the SF Examiner last year. “Proactive policies, such as the ‘restorative practices’ implemented by the SFUSD, emphasize the importance of building positive relationships while holding kids accountable for their actions.”

Black students make up about 10 percent of SFUSD’s population, but they represented 46 percent of SFUSD’s total suspensions in 2012, according to SFUSD data. Latino students represented about 30 percent of suspensions.

The racial disparity of suspensions mirror the disparity of incarceration. A study by nonprofit group The Advancement Project found that in 2002, African American youths made up 16 percent of the juvenile population but were 43 percent of juvenile arrests.

Xochitl sees that with her own eyes every day.

“Some kids turn to the streets, you know. I’ve seen people younger than me go to jail,” Xochitl said. “I was on Instagram and saw a friend locked up. I knew that girl, she’s in my PE class.”

It’s one of our country’s many shameful open secrets. Nearly half of all adult men in the United States serving life sentences are African Americans, and one in six is Latino, according to data from the nonprofit group the Sentencing Project.

Fathers and sons, mothers and daughters, all trapped in a cycle of poverty to prisons that for some starts at school.

“As a school district, when that’s staring us in the face, we can’t not do something about it,” Haney said.

Sometimes it begins when students are still learning their ABC’s.

Bruises inside and out

Restorative Practices are implemented from kindergarten to high school.

“If [students] don’t have a sense of belonging… that’s going to prevent schools from addressing behavior,” Kerry Berkowitz, the district’s program administrator of Restorative Practices, told us. The seeds of mistrust are planted when students are young.

Desamuel could not yet spell the world “police” when he first met them.

He was five years old, and as kindergartners sometimes do, he threw a temper tantrum. In the school’s desperation to contain him, officials called the SFPD.

“The police only came one time,” Desamuel, now seven, told the Guardian. Sitting in his San Francisco home with his uncle Lionel, Desamuel sounded ashamed. “But I didn’t go to jail because they only put kids in jail for being bad, like kids taking guns to school.”

The memory angers Desamuel’s uncle, who feels restorative practices would have prevented the misunderstanding. His home is a testament to bridge building.

Lionel, his brothers and mother all pitch in to take care of Desamuel while the boy’s father makes what he calls “a transition.” The home is large by San Francisco standards. Drawings of Spiderman and Batman line the wall, equal in number only to the portraits of their family, most of whom live in the city. There’s a lot of care in Desamuel’s life. That hasn’t stopped his tantrums, though.

The family tried to get him therapy, psychological analysis, anything to help. But as any parent can tell you, sometimes a child just needs love.

Lionel struggled with the school’s administration, and asked them to try less punitive ways of handling his nephew. “I told them to just hug the boy. Their response was ‘it’s hard to hug someone swinging at you.'”

The last time Desamuel fought a student he was tackled to the ground by a school security guard. The now-second grader came home with a bruise on his face.

“When I was bad I hurted the children. I wasn’t supposed to get up, and couldn’t get up off the ground. He took me by the arms and legs,” Desamuel said.

The problem with outsize use of suspensions and punitive action, Berkowitz said, is that it breeds a fear of school that shouldn’t exist. Desamuel is no different.

“I got sent to the office and I had to go to the principal’s office and they talked about me being bad,” Desamuel said. “I think because I make too much trouble I have a lot of problems and they don’t want me to be there.”

Cat Reyes is a history teacher who is now a Restorative Practices coach at Mission High School. She said transformation in behavior is the whole point.

She told the Guardian about a student recorded a fight on film. The two fighting teenagers tried to let the incident go, but with the video online for all to see their pride came between them. If the school suspended the girl who recorded the fight there may never have been resolution. The wounds would fester.

But now the girl will join a restorative circle and explain her actions to those involved in the fight, and their parents. That’s far more daunting to kids than simply going home for a day, Reyes said. It doesn’t just stop at the talk though. “On one end she has to say sorry,” Reyes said. “But now she may go to the media center and create a [movie] about it on our closed circuit TV. The consequence fits the crime.”

As students talk out their differences enemies can become friends, she said. After all, the goal is to correct bad behavior and break destructive cycles. Yet less than half of the schools in SFUSD are employing Restorative Practices.

Slowly but surely

One of the biggest critiques of Restorative Practices is that it removes consequences. That’s the wrong way to look at it, Berkowitz said: “When people say consequences, they mean punishment. We want to work with students to find root causes.”

The numbers back her up: 2,700 SFUSD staff members have trained in Restorative Practices, according to data provided by the district. This consequently led to a strong reduction in suspensions, the district says, from more than 3,000 in 2009 to about 1,800 last year.

SFUSD recognized a good thing when it saw it, growing the Restorative Practices budget from $650,000 in 2009 to $900,000 in 2013.

But only about 25 schools started measurable implementation, Berkowitz said. She put it plainly, saying the program is in its infancy. “Are they ‘there’ yet?” she said. “No.”

“Our team is pretty maxed out,” she said. “To really bring this to scale and implement Restorative Practices, there’d need to be a lot of discussions around that.”

Asked how much she’d need to fully fund the program across all schools, she was evasive. Haney was more direct. When asked if his resolution tied funding to the mandate of implementing Restorative Practices district-wide, he admitted that a funding source hadn’t yet been identified.

“Mostly we hear there needs to be more: more support, more social workers, more people in schools to make this functional,” he said. “It’s a longer term challenge.”

That solution may emerge as the resolution goes through the approval process, but the program faces other problems besides funding.

Teachers have depended on suspensions as a tool for years. Money is one thing, but changing educators’ minds about discipline is another.

The “R” word

Martin Luther King Jr. fought for the integration of schools, but in a speech about Vietnam he said something that could apply to the SFUSD today.

“Life and history give eloquent testimony to the fact that conflicts are never resolved without trustful give and take on both sides,” the southern preacher said in one of his last speeches before his death.

There is one issue simmering under this entire debate, festering, unspoken. Why are black and Latino students suspended more than other groups? Is this system inherently racist?

It’s a tough question. Teachers are notoriously underpaid, overworked, under supported, and asked to enforce the newest policies at the drop of a hat. The teachers the Guardian spoke to all described a packed year filled with new methods to learn, all with a common purpose — a love of their profession and a love of their students.

“There’s a hesitancy to talk about race with this,” said Kevin Boggess, civic engagement leader for Coleman Advocates, the group leading the charge for the willful defiance ban.

Nevertheless the question of racism permeates the discussion. Xochitl felt persecuted as one of the few Latinas in a mostly Asian middle school.

In the case of Desamuel, the young black child who had the police called on him at age five, his uncle stressed the need for culturally aware teaching. Lionel said Desamuel was well-behaved when he had an authoritative, elderly black female teacher, but acted up in the hands of substitutes who weren’t black and whom he characterized as “young and new” to teaching. Then again, the principal who called the police to handle Desamuel was herself black.

Norm “Math” Mattox is a former James Lick Middle School math and science teacher, and he said from his perspective as an African American he’s seen the issues Haney’s resolution addresses clear as day.

“My sense is that teachers might be blowing the alarm a little bit too soon as far as their brown and black students are concerned, especially the boys. They don’t know how to manage them,” he said. In his experience, misbehaving children are sent out of the room too soon.

In the short term, suspensions are an expedient tool, but punishment without communication does long lasting damage. “The dynamic between teacher and student did not get resolved inside of the class,” he said.

One SFUSD school tackled the specter of racism head on. Mission High School is at the vanguard of what its principal calls “anti-racist teaching.”

Mission High has a higher African American student college placement rate than many SFUSD schools, a group that struggles to perform elsewhere. And as a designated “newcomer pathway” for new immigrants, the school has 40 percent English language learners.

Mission High’s principal, Eric Guthertz, is energized by the challenge. He revamped the way the school teaches to address race and ethnicity directly.

The geometry teachers use Bayview district planning data to illustrate mathematical lessons, and teachers look at grades by ethnicity and address disparities directly.

Guthertz credited Restorative Practices with lowering the school’s suspensions. SFUSD data shows Mission High’s steady suspension decline, with a 14 percent suspension rate in 2009, before the program started, and down to a 0.4 percent suspension rate by 2012.

missionprincipal

Mission High School Principal Eric Guthertz. Guardian photo by Brittany M. Powell

“We’ve deeply embraced Restorative Practices,” he said.

Next week San Francisco will see if the Board of Education will take the same leap Gutherz did. As he is quick to point out, shifting the culture at Mission High School took years.

The Guardian contacted members of the school board, but did not hear back from them before press time to see how they may vote.

Either way, it’s time for SFUSD to change its ways, Haney said. But no matter what side of the matter you fall on, he said, it’s important to remember one thing.

“Everyone involved in this conversation wants to do better by these students,” he said.

The San Francisco Board of Education will vote on the ban of willful defiance suspensions and full implementation of Restorative Practices at their Dec. 10 meeting.

Reduce California’s prison population

67

EDITORIAL California must reduce its prison population — as federal judges have been ordering for years to address severe overcrowding and substandard health care — and it should use this opportunity to completely reform its approach to criminal justice.

Instead, Gov. Jerry Brown has chosen to fight this reasonable directive, exporting thousands more of our inmates to other states and propping up the unseemly private prison industry in the process by signing a $28.5 million contract with Nashville-based Corrections Corporation of America.

Last month, the federal judges overseeing California’s prison downsizing once again extended their Dec. 31 deadline for the state to cut its 134,000-person prison population by another 9,600 inmates, pushing it back to Feb. 24 while the state and lawyers for the prisoners try to negotiate a deal. An update on the status of negotiations is due Nov. 18.

We urge Gov. Brown to follow the lead of his fellow Bay Area Democrats in choosing a more enlightened path forward. Assemblymember Tom Ammiano (D-SF), who chairs the Assembly Public Safety Committee, has convened several recent hearings looking at alternatives to incarceration, including one on Nov. 13 focused on diversion and sentencing.

“I’m hoping to come up with a sentencing reform bill out of this hearing,” Ammiano told the Guardian, expressing hopes that Californians are ready to move past the fear-based escalation of sentences that pandering politicians pushed throughout the ’90s, continuing the progress the state has already made on reforming Three Strikes and some drug laws. Sen. Mark Leno has also provided important leadership on these issues.

There’s no justification for California to have among the highest incarceration rates in the world, four times the European average, and we should embrace the mandate to reduce our prison population with everything from sentencing reform to addressing poverty, police and prosecutorial bias, early childhood education, and other social and economic justice issues.

Closely related to reducing our prison population, at least in term of dropping the “get tough” attitudes that undermine our compassionate and humanity, is treating those we do incarcerate more humanely.

Ammiano and Sen. Loni Hancock (D-Oakland) helped end this summer’s prisoner hunger strike by holding a hearing on improving conditions in the prisons, including the possibility of abolishing cruel solitary confinement practices, as the United Nations recommends and even Mississippi has managed to do. And we think abolition of capital punishment should remain an important near-term goal.

Brown isn’t the most progressive on criminal justice issues, following in an unfortunate tradition of Democratic governors who fear being called soft on crime. But Ammiano sees hopeful signs of potential progress, and he has our support. Now is the time to move California’s criminal justice system into the 21st century.

Undocumented and unafraid

45

rebecca@sfbg.com

Business as usual means buses depart from the Immigration and Customs Enforcement building in downtown San Francisco every weekday, ferrying deportees from throughout the region to federal detention centers or the airport. Even in San Francisco, a Sanctuary City where local law enforcement agencies have limited cooperation with ICE authorities, life can be filled with uncertainty for those who lack legal citizenship status.

In recent years, many immigrant activists have taken the step of publicly revealing themselves to be “undocumented,” to sound a call for immigration reform and to push back against the fearful existence that the looming threat of deportation can create.

But the young people who are profiled here have taken things a step further, going so far as to risk arrest by protesting deportations and pushing for immigration reform, all while identifying themselves loud and clear as undocumented.

In the same vein as protesters who marched for civil rights, gay rights, free speech, or in anti-war movements before them, the undocumented youth are putting themselves on the line. Their mantra, chanted at top volume, is “undocumented and unafraid,” highlighting the ever-present possibility that they could face stiff penalties for their actions.

Nationwide, an estimated 11 million undocumented immigrants remain in limbo as a push for federal immigration reform, which would create a pathway to citizenship for people in the country illegally, remains stalled in Congress. While community-led campaigns have yielded legislation that creates safeguards against deportation for young people who arrived with their parents as children, bureaucratic nightmares and forced deportations continue unabated.

Nearly everyone we interviewed for this article mentioned their grandparents while sharing their personal stories with the Guardian. While the politics and policy surrounding immigration reform are tremendously complex, the impact the current system has on people’s lives often boils down to problems like not being able to take a flight to visit an ailing grandparent because it would be impossible to return.

“It’s intense,” says Nicole Salgado, an American citizen who lives with her foreign-born husband in Mexico. “Because you know, it’s essentially an issue of trespassing, and so it seems to me like it’s a really harsh penalty for a civil infraction. No harm was done to a person, and that’s the case for the vast majority of people who are in this situation.”

ALEX ALDANA

Alex Aldana is nervous.

He’s stopped making eye contact, which is strange, because Aldana doesn’t normally break eye contact, and isn’t the nervous type. Since 2012, he’s been arrested seven times.

All seven arrests stemmed from acts of civil disobedience, each carried out to protest the same issue: immigration laws that he views as unjust, because they lead to forced deportation.

Aldana, 26, is an undocumented immigrant. He entered the US legally from Guadalajara, Mexico, in February 2003 on a work visa, but when the time on his visa ran out, he was left undocumented. It coincided with the departure of his father, a man Aldanda says deceived his family.

Like many other undocumented immigrants, he has been trying to give a largely misunderstood population a face. Unlike many others, he’s doing so in a way that carries a great deal of risk.

He’s part of the growing contingent of undocumented immigrants who are, as they say, “undocumented and unafraid.” And when they say it, they shout it.

Aldana participated in a sit-in inside Gov. Jerry Brown’s office. He’s faced the Ku Klux Klan at pro-immigration reform rallies in San Bernardino. He’s been a key link in a human roadblock created to halt a deportation bus in San Francisco. He’s been detained by ICE and local police departments. He normally comes across as fearless, but not on this day.

“This is probably the last crazy thing I’ll do,” Aldana says. “I have thought about it, I have planned it.”

Sometime in late November, he and an intrepid band of humanitarian crusaders plan on taking their fight to the southern US border for the first action of its kind.

The details — which they’re keeping intentionally vague — involve a group of activists crossing the San Diego-Tijuana border legally (many are still Mexican citizens, after all), before ferrying previously deported people back over the border into the United States.

Their hope is to create a spectacle to raise awareness, and even mentioning the planned action makes Aldana squirm a bit. He’s hesitant to disclose specific information; the wrong statement could end his journey before it begins, he explains.

And the timing isn’t perfect for community support, he adds. The last act of civil disobedience he engaged in — a human blockade that halted an ICE bus (see “On the line,” Oct. 23) — didn’t garner universal backing within the immigrant activist community.

“[Some] people are really backlashing the immigrant youth movement right now,” says Aldana. “They consider us harmful.”

But on the flip side, Aldana considers that community’s apathy toward deportation harmful. He doesn’t think that any approved immigration reform should even include deportation as an option.

“In the immigrant community, if you mention ‘immigration reform’ — not ‘conscious,’ not ‘comprehensive,’ just ‘immigration reform’ — then you hear, ‘Yeah, I support it,'” he says. “But what kind of immigration reform are we supporting? Are we supporting militarization? Are we supporting massive deportation? Because word by word, that’s what it says right now.”

The immigration reform package now being pushed by President Obama includes beefed up border security, a crackdown on the hiring of undocumented immigrants, and streamlined deportation procedures, along with a path to citizenship.

Aldana’s confidence in his activism belies a background drenched in fear.

“I never learned how to drive because of that fear [of being deported]. I never traveled because of that fear,” he says. “One of the reasons I never went to college was because ICE was in every bus stop, at least where I come from. When you lose fear, you do incredible things. I’ve been to like 30 states now.”

He started on the activism trail when he was still in high school in Coachella, advocating for women’s rights after watching his mother suffer through domestic abuse, but he didn’t start advocating for immigration reform until years later.

“I was very open about my sexuality and my gender identity very early on,” says Aldana, who identifies as queer. Yet he felt more self-conscious about sharing his immigration status. “Ten years after that, even when I was working for a nonprofit [in Southern California], I was really afraid saying I was undocumented, because my family depended on that job.”

More recently, Aldana has struck a balance between activism and bread winning, a lifestyle that will be put to the test in the coming month. He says he isn’t planning on coming back to the US for a little while after the protest at the border, but not for legal reasons. He just wants to have peace of mind for a moment, to be treated like any other American.

“My grandmother is dying, and I’m not gonna wait for any policy to deny what I couldn’t do with my mom’s mom,” says Aldana. “I think that when what makes us human is that vulnerability, that we really need to have those rights.”

He adds, “I really dislike when people say, ‘I’m gonna visit so-and-so because they’re really sick and they’re on the other side of the world.’ To me it’s like, why can’t I do that?” (Reed Nelson)

 

MAY LIANG

May Liang, a 23-year-old campaign organizer who accompanied her parents to the United States from China as a child, remembers the moment she realized there were other undocumented Asian families in her midst.

She was at a conference on issues surrounding the Asian Pacific Islander community at the University of California Berkeley campus, where she was a student. “Outside of each workshop, there’s this poster. This one said ‘undocumented Asian students.'” It struck a chord as she realized she wasn’t the only one.

It was one of the first meetings of ASPIRE (Asian Students Promoting Immigrant Rights through Education), a small but growing organization where Liang is now the first paid staff member. Her first undertaking was to plan out last month’s ICE bus blockade.

Now, she’s in the middle of preparing for a Thanksgiving Day vigil to be staged with others outside the West County Detention Center in Richmond, where undocumented immigrants are held in federal custody. Many in her community won’t get the chance to enjoy Thanksgiving dinner with loved ones, she says, “because their families have been ripped apart by deportation.”

Liang wasn’t always an activist. She didn’t become aware of the barriers her immigration status presented until she became a teenager and started pursuing part-time jobs and a driver’s license, only to discover she lacked a Social Security number.

Not having an ID posed problems, but she’s quick to note that she had it easier than some of her fellow activists. “I walk around, and nobody suspects me because I’m Asian. In the media we see a lot of Latino people,” she explains. Nevertheless, “It was just like hiding a secret. I was trying to pass as something I knew that I wasn’t.”

One day, just as she was gearing up to go to college, her father called a family meeting. Their immigration status had been “pending” ever since they’d arrived on tourist visas and applied for green cards. But he’d just been notified that their applications had been denied.

“As soon as you get denied, you can’t be here,” Liang notes. “And so we were also ordered deported.”

They decided to fight it out in court, and the case dragged on until after she’d entered college.

“My family’s first court date was on the same day as a midterm,” she recalls. “It was really early in the morning, at the immigration court on Montgomery. I was in the waiting room, reading and studying. And then right afterward, I got on the BART and took my anatomy midterm. It felt really surreal.”

In the end, they were able to avert deportation, yet remained undocumented. As a full-time activist, Liang is thinking big. “For me, it’s like we need to change the system of immigration. One of the most important things we need is sort of a cultural shift as to how we treat people.”

Her first priority is to call for an end to deportations as long as federal immigration reform remains pending in Congress.

Liang is big on being inclusive. Laws such as the California DREAM Act, which aids undocumented students, and the federal Deferred Action for Childhood Arrivals can help youth like herself. Yet she doesn’t understand that piecemeal approach.

“Why is there a distinction being made, just because we’re younger?” she says. “These narratives were given to us. We did not create them. And it becomes divisive, because it really puts our parents under the bus.”

She’s also critical of the notion that immigration laws should treat people differently based on their nations of origin. “We like to say immigration is a Latino issue,” she says. “But it is also an Asian issue. It’s an American issue, because we are immigrants of America.”

Along those lines, Liang regards the work that she and other undocumented youth are engaged in as being a kind of patriotism, for a country that hasn’t yet accepted them as citizens.

“We actually love this country,” she says, “because it does have this sort of mentality of fighting for your rights, social justice, freedom of speech, and that stuff. In all that has happened in the history of this country, there are so many examples of things having been changed because of the people.” (Rebecca Bowe)

 

DAVID LEMUS

On July 21, 2008, David Lemus arrived in the United States at the age of 16.

He’d spent the previous two days marooned in the pick-your-poison expanse of desert spanning the southern border of the US.

All told, his El Salvador-to-California journey lasted a month, and he did the final two-day leg of the passage solo, carrying nothing more than a water bottle, tortillas, and beans.

He had no identification, he said, and no other personal items; nothing that could tie him to an existence he was supposed to be leaving behind. The goal was to be invisible, both to Border Patrol and any computers storing records.

He made the trip with his father and two younger brothers, but he’d last seen them in Mexico; the coyote guiding them across the border had informed Lemus and his family that they stood a better chance of making it if they split up. Lemus got in one car, next to a Honduran teenager who was roughly the same age, and his father and brothers got into another one.

He didn’t see his father and brothers again until October 2008. They were detained at the US-Mexico border and were deported back to El Salvador; their second trip took over four months, but they finally made it.

Lemus, his father, and his brothers were trying to reunite with his mother and sister, who had successfully completed the journey earlier that year. But as things went, Lemus was ferried across the border, let out in the desert, and traveled across a desert known for its potentially fatal landscape, all without his family.

It was a remarkable journey — hot, rugged, impossibly arid — made even more remarkable by the fact that Lemus, along with the rest of his family, is among the millions to complete it. Yes, millions.

But now, as a UC Berkeley student and member of the East Bay Immigrant Youth Coalition, Lemus is a key player in the “undocumented and unafraid” wave of activism that is under way in California, and he’s a long way from donning the invisible mask he felt he had to wear while crossing the desert.

“Undocumented and unafraid is probably the only thing owned by the undocumented community, where we can say, ‘This is our thing,'” Lemus said.

Lemus and his peers have been making waves in California since 2011, when an anti-ICE action in San Bernardino made national headlines. He was arrested alongside six other students in the demonstration, which he refers to as “coming out of the shadows.”

It was his first action of civil disobedience, and the rush of activism overwhelmed him. The second time he was arrested for civil disobedience was this past summer, while protesting President Obama and the slow pace of immigration reform.

“The first time was scary, because we didn’t know what was going to happen,” Lemus said. “But I also feel that that is the moment when you really wake up, because you see it for the first time.”

Lemus is a born agitator, someone who can’t sit idly by while an injustice is being committed. His face, almost eternally placid, contorts when he mentions things like the public perception of undocumented immigrants.

“People say that we are not only the shit stirrers, but that we created the shit,” said Lemus. “And that’s not fair. The way I see it is that most immigrants are here because of a lot of actions the US has taken in Latin America; military interventions in Nicaragua, Guatemala, El Salvador, Columbia, Venezuela. You know we don’t even have a currency in El Salvador anymore? We have dollars.”

Lemus doesn’t consider himself a DREAMer, a word used to describe students brought here as children who would receive protection from deportation under the federal DREAM Act, were it signed into law. He was born in El Salvador and remembers it well, in stark contrast to the DREAMers — and doesn’t know if he would even want to become a US citizen should the opportunity present itself, since he says he’s witnessed too much injustice at the institutional level.

What he won’t stop fighting for is what he calls, “not civil rights, but human rights. It would be unfair for us to want civil rights right now, because we need to get human rights first.”

For Lemus, that distinction is about valuing our basic humanity more than our citizenship.

“I don’t think a lot of people realize the amount of risk it takes to come here,” he said. “We leave everything behind in the process, and a lot of times we don’t get it back. We just want a better life.” (RN)

 

 

SITI “PUTRI” RAHMAPUTRI

Siti Rahmaputri, who goes by Putri, was 19 when she risked arrest by joining a handful of classmates in disrupting a meeting of the University of California Board of Regents.

A petite, soft-spoken UC Berkeley student, she hardly comes across as an agitator. Yet she joined the July protest to voice anger about the selection of Janet Napolitano, former secretary of the Department of Homeland Security, as head of the UC system. For undocumented students like Rahmaputri, Napolitano is synonymous with deportations due to her former post as head of the agency that oversees ICE.

When they got word of Napolitano’s appointment, Rahmaputri and fellow activist Ju Hong joined with some students from UC Irvine and UC San Diego to call attention to the secretary’s role in deportations.

“We started chanting, ‘undocumented unafraid,’ ‘education not deportation,’ ‘no to Napolitano.’ Unfortunately, two of my friends got hurt — they were tackled down by the UC police. And at the end, the four of us stood there and really linked arms. We were screaming and screaming,” she recalls. In a matter of minutes, “everyone left except for us, the media, and the UC police. The UC Regents were just outside the door.”

She was charged with two misdemeanors, placed in handcuffs for several hours, and then released. But the whole time, Rahmaputri said she felt encouraged by supporters from ASPIRE and others.

“I heard people chanting from the outside: Let them go. Let them go. I didn’t want to seem scared, I wanted to seem confident, like here I am, getting arrested, so what?” she says. “I’m just standing for the things that I feel is right.”

Originally from Indonesia, Rahmaputri attended middle school and high school in San Francisco after coming to the United States with her parents at age 11. Not long ago, she and her parents narrowly averted deportation.

“They never really told me exactly that I was undocumented, but they gave me hints,” she says of her upbringing.

A couple years ago, not long after she’d enrolled in Diablo Valley College, her parents were notified — six months late, due to an incorrect address — that their green card applications had been denied.

“I lost a lot of hope. I didn’t really know what to do,” she remembers. “I talked to my counselor and asked, ‘should I keep going in school or should I start working instead to save money to go back to Indonesia?'”

In the end, they were able to defer deportation through letters of support and legal assistance from the Asian Law Caucus, but their immigration status continues to hang in the balance, and the possibility of eventual deportation still looms.

In early October, Napolitano agreed to sit down with Rahmaputri and nine other UC students to discuss policies affecting undocumented university students. The activists urged her to shore up sanctuary protections, by providing campus resources and incorporating better sensitivity training for UC police.

But it was a little awkward, Rahmaputri thought, because Napolitano’s office had made it a lunch meeting.

“She was just there eating her lunch, listening to our stories and our struggles and why we think she should not be here. And here she is, enjoying her meal. It was a weird conversation. She said okay, ‘I will look at it thoroughly. Give me time to look at it.’ So, she’s basically not giving us any answers.”

She and others plan to keep the pressure on by staging rallies whenever Napolitano makes public appearances, and they were planning an action for the Nov. 8 inauguration of the new Berkeley chancellor, Nicholas Dirks.

When her family was fighting deportation, Rahmaputri caught a glimpse of detainees in the ICE facility in downtown San Francisco when she was there to be fingerprinted. She was impacted by the sight of them being led around in shackles.

“It was time for me to reflect, that I have this privilege to be free, to be out here where I can speak my mind, and I am able to go to school and get educated,” she says of that experience. “At the same time, I want to represent others who cannot.” (RB)

 

Agitating in exile

An American citizen who was born and raised in the United States, Nicole Salgado holds a master’s degree, is a published author, and previously held jobs in the Bay Area as a high school science teacher and urban gardener. While she might seem like an unlikely person to be directly impacted by immigration laws, she’s essentially been living in exile in Queretaro, Mexico, for the past seven years.

She’s there because Margo, Salgado’s husband and the father of their daughter, is prevented from returning to the US from Mexico due to immigration laws.

“It really boils down to some pretty strict technicalities,” Salgado explained in a Skype interview. “There’s really not any way around it. My husband has a permanent bar that lasts 10 years, and we’re in year seven of that. And if there was no reform in the next three years, we would not be able to apply — just apply — for his return until 2016.”

They met in 2001, when she was 23.

“I worked for the San Francisco League of Urban Gardeners. I was working on a project down the peninsula, in La Honda, and I met Margo through friends. We got really close really fast, and got engaged within a few months,” she said.

Salgado knew he was undocumented, “but I didn’t know what it entailed.” Simply getting married, it turned out, wasn’t going to put them in the clear.

As long as they remained in the US, Margo’s status was a source of anxiety. He didn’t have a driver’s license, but nevertheless had to drive in order to work.

“I was always really petrified when he would be working more than half an hour away from the house,” Salgado said. “Because I always knew that if there was just one little bit of racial profiling, or something wrong with the taillight or something, then he could get pulled over.”

They closely monitored the progress of proposed laws that could offer protection for undocumented immigrants, and went to immigration rallies. But in the end, they opted for joining his family in Mexico, because they did not want to live in fear.

Salgado co-authored a book with Nathaniel Hoffman, Amor and Exile: True Stories of Love Across America’s Borders, which explores the role that American citizens who are married to undocumented immigrants might play in the larger immigration reform efforts in Congress.

She’s also been organizing online. “We got together and we formed a sort of loosely organized forum of women, like myself who were in exile, or were separated from their spouses in the US,” she said. “We called ourselves Action for Family Unity.”

She acknowledges that adults who knowingly crossed the border illegally might have a harder time winning over the public at large than youth who were brought to the US as children. Yet she still believes the laws that have placed her in this situation are in need of reform.

“My basic premise is, you know, the US is a nation of immigrants, and we depend on immigrants every year as part of our economy and part of our society,” Salgado says. “And as an American citizen, I believe that it’s my right to be able to determine where I want to live, regardless of who my choice of spouse is.” (RB)

BART’s safety culture slammed at Assembly hearing

7

BART was slammed by legislators and its workers today for refusing to make a key worker safety improvement demanded by state regulators since a 2008 fatality, instead choosing to aggressively defend the “simple approval” process that contributed to two more fatalities on Oct. 19, after which the district finally made the change.

The Assembly Committee on Labor and Employment had already planned today’s San Francisco hearing into why BART spent years appealing rulings by the California Occupational Safety and Health Administrations before the recent tragedy, but that incident sharpened criticism of the district for valuing efficiency over safety.

“The culture of safety at BART must change,” said BART train operator Jesse Hunt, who gave dramatic testimony about the callous culture at BART that led to the Oct. 19 tragedy. “It’s not a single incident, it’s a pattern of disregard for safety.”

The hearing also delved into why BART had an uncertified trainee at the helm of the train that killed Christopher Sheppard and Laurence Daniels on Oct. 19, despite warnings by its unions that district preparations to run limited service during the strike would be unsafe.

“Simple approval” made employees doing work on the tracks responsible to avoid being hit by trains moving silently at up to 80mph. When BART exhausted its administrative appeals of Cal-OSHA’s rulings in June, it filed a lawsuit in Alameda County Superior Court and continued to defend the practice, which its unions had long sought to end. 

“BART challenged that citation and continues to do so to this day,” Chair Roger Hernandez (D-West Covina) said in his opening remarks, noting that it took two recent fatalities for BART to drop its stance. “I’m deeply troubled this decision wasn’t made much earlier.”

For BART, the hearing only went downhill from there as state regulators testified to the district’s litigious refusal to adopt important safety precautions, employees painted a picture of a district hostile to them and their safety concerns, and legislators chastised BART managers for not having reasonable answers to their questions.

In response, BART Assistant General Manager of Operations Paul Oversier denied the district undervalues safety and said that it defended the simple approval process because it had been used tens of thousand of times and, “We had a track record in mind of a procedure that was working well.”

Asked whether he continues to defend it after the Oct. 19 incident, Oversier said, “Irrespective of what our opinion might be, we suspended the simple approval process,” a decision that he said could disrupt service, increase costs, and “that may cause us to look at what our hours of operation are.”

That suggestion drew murmurs of outrage from the union members that packed the hearing, including those who had just testified about how the district refuses to work collaboratively with its workers, who even had to learn of the district’s decision to end simple approval from evening news reports rather than directly.

“Shifting the burden from people in the field to the control center is not a long term solution,” testified Sal Cruz, a BART train controller of 15 years who was on the contract bargaining team. “Time and time again, we’re never really involved in these decision-making processes.”

Christine Baker, director of the Department of Industrial Relations, and Juliann Sum, acting director of its Division of Occupational Safety and Health (better known as Cal-OSHA), testified as to their agency’s long, trying history of getting BART to comply with its rulings, with Baker calling the resistance to reform “clearly an issue of grave concern.”

Legislators probed why that might be the case, asking whether abating the problems might be seen as an admission of liability to either the agency and a victim and whether it was the norm for those cited. Baker said no to both questions: “It is not an admission of guilt if they abate…Many employers abate as soon as there is a citation.”

So why is it standard practice at BART to avoid correcting the 40 violations it received from Cal-OSHA in the last 12 years?

“In most cases, the district has acted in good faith to try to abate the citations,” Oversier testified, but he said that BART often disagreed with Cal-OSHA’s findings and that “the investigation doesn’t really start until you appeal.” He said BART has paid just 22 percent of what it has intially been fined by OSHA, casting that as smart stewardship of ratepayer money and saying, “It’s the appeal process that brings closure to the process.”

Meanwhile, Baker, Sum, and Cal-OSHA attorney Amy Martin said they are currently investigating the Oct. 19 incident for both civil violations and penalties and the possibility of criminal prosecution of BART officials if “they intentionally took the action that led to the fatality,” Martin said.

The hearing was called by Assemblymember Phil Ting, D-SF, who said in his opening remarks, “I was very concerned to read many of the OSHA findings, that it found BART was in violation of California state law,” which prohibits employers from making workers responsible for their own safety in dangerous situations. 

Later, Ting questioned BART Chief Safety Officer Jeff Lau — whose testimony came almost entirely from prepared statements he read, in a way that didn’t inspire much confidence in the material — about how many of OSHA’s safety violations it had taken steps to correct versus how many it continues to resist. Lau said that he couldn’t answer the question, even though Ting noted that he first called this hearing back in June and Lau should have been prepared to answer that central question.

“I’m extraordinarily disappointed in your response,” Ting told Lau, demanding that he prepare a detailed written response to the questions and submit it to the committee, which plans to revisit the issue once more details emerge from the NTSA investigation of the Oct. 19 incident.

Most of the panel criticized BART’s foot dragging and called for reforms.

“This latest accident, a terrible tragedy, could have been avoided,” said Assemblymember Bob Wieckowski (D-Fremont), decrying Gov. Jerry Brown’s recent veto of Assembly Bill 1165 by Assemblymember Nancy Skinner (D-Oakland), which would have expedited Cal-OSHA appeals and perhaps required BART to fix the problems pending its appeal.

Assemblymember Tom Ammiano (S-SF) recounted his own history of difficult dealings with intransigent BART officials, from trying to improve station safety when he was a supervisor starting in the mid-‘90s to his work as a legislator trying to provide some oversight of the BART Police after the Oscar Grant shooting.

“I feel like it still has a long way to go. Transparency and accountability will be very important around this issue,” Ammiano said.

Later, Ammiano asked Cruz whether the ill-fated Oct. 19 train should have been traveling slower than 60-70mph, and Cruz responded, “With knowledge of people being wayside [a term that means on the tracks], you would think that.”

The most scathing and dramatic testimony came from the nine workers called to testify at the hearing, three from each of BART’s three unions, all of which had made safety reforms a big part of their recent contract negotiations, with varying degrees of success.

“We are dealing with a culture at BART that doesn’t take workers seriously or the safety of workers seriously,” began AFSCME District Council 57 Executive Director George Popyack. “Our objective today is to make BART a better and safer place to work.”

Several workers said the district’s main imperatives are to cut costs and keep the trains on time, which causes safety compromises on an almost daily basis. “We’re so pushed to keep that schedule sometimes we push on the edge,” said train controller Ken Perez. 

While BART officials refused to discuss details of the Oct. 19 incident, as per a gag order from the NTSB, union members that testified said it’s clear that the district’s disregard for safety and its desire to break the strike are what led to the tragedy.

“BART was planning to run a limited service with people not trained to run those trains and that was connected to this accident,” ATU Local 1555 President Antonette Bryant testified.

“The train that hit the workers was a manager being trained to run the train in the event of an extended strike,” Poyyack said, noting how irresponsible it was to be running a train at what the NTSB said was 60-70mph on the one line where there were workers on the track. He and others said there was no good reason for the district to do so, calling it an example of the district’s flagrant disregard for safety.

“The culture of BART is a significant contributor to the incident,” said BART train operator Jesse Hunt. “The culture is one of gambling with worker and rider safety.”

Hunt said BART’s safety culture directly caused the Oct. 19 tragedy: “There was no reason for a trainee train to be operated or for employees to be on the ground.”

John Arantes, president of the BART Professional Chapter of SEIU Local 1021, said the district took an extremely aggressive posture in labor negotiations — “a scorched earth strategy encouraged by directors like Zachary Mallet,” the newest elected member and one critical of unions in the press — forcing the strike and the unnecessary Oct. 19 tragedy.

And he posed a question that remains unanswered, despite the hearing and the Guardian’s attempts to get an answer: “Who authorized the training exercise and to what extent were the BART directors involved?”

California joins Oregon, Washington and British Columbia in climate action plan

Gov. Jerry Brown announced a regional agreement Oct. 28 with Oregon, Washington, and British Columbia to align policies for combating climate change.

“This is what is totally unique: We have a problem whose timescale is beyond anything we’ve ever dealt with,” Brown said as he gathered with Oregon Governor John Kitzhaber, Washington Governor Jay Inslee and British Columbia Premier Christy Clark (who joined remotely) to sign the agreement. “So, we have to take action before we see or experience all the problems we’re dealing with.”

In most political venues, “to actually utter the word ‘global warming’ is deviant and radical in 2013,” Brown said. “But you just watch … this will spread until we have a handle on the world’s greatest existential challenge.”

Called the Pacific Coast Action Plan on Climate and Energy, the pact commits all the jurisdictions to take a leadership role in national and international climate change policy by agreeing to emissions reduction targets; to transition the West Coast to cleaner modes of transportation such as high-speed rail; and to invest in clean energy and infrastructure through actions like streamlining permitting of renewable energy infrastructure and supporting integration of the region’s electricity grids.

Apart from this accord, Brown noted that “California has already signed a memorandum of understanding with several provinces in China,” concerning the need to work together on climate change, “and in fact with the national government itself.”

Meanwhile, a group of protesters gathered outside the Cisco-Meraki offices in Mission Bay, where the event was held, to oppose Brown’s unwillingness to support a statewide ban on fracking, an oil and gas extraction technique that environmentalists fear could contribute to groundwater contamination and increased greenhouse gas emissions.

“It’s starkly hypocritical for Governor Brown to be inking climate agreements while he’s at the same time green-lighting a massive expansion of fracking for dirty oil in California,” said protester Zack Malitz.

Asked to respond to the protesters’ concerns, Brown responded, “I signed legislation that will create the most comprehensive environmental analysis of fracking today,” referring to a bill that requires environmental review but has been criticized as flawed because it does not impose an outright ban.

“The big issue is the Monterey Shale,” he added, referring to an expansive underground oil reserve that environmentalists fear could be opened up to fracking, “and nobody is talking about doing anything there for an extended period of time, and not before the environmental document.”

Gilded Age of Austerity breaks down

9

It was a week when it seemed that civil society in the US was on the verge of collapse.

Most of the federal government was already shutdown when Congress came without hours of letting the US default on its debts, a fate avoided late on Oct. 16 with legislation to limp along for a few months before repeating the partisan budget standoff again.

That same day, both BART and the AC Transit were headed for strikes that would hobble the Bay Area’s transportation system after long contract impasses between workers and management. Gov. Jerry Brown then ordered a 60-day cooling off period for AC Transit, just like the one he imposed on BART that had just ended, leading BART to be shut down by a strike that started Oct. 18 (for more on BART, including what caused two fatalities in the system on Oct. 19, see related story).

It may not be the End of the World as We Know It (the title and subject of our 12/18/12 cover story), but this is a striking confluence of events that should cause us all to take stock of the things we take for granted, from reliable public transit systems to a functional federal government to the ability of politics to resolve our differences.

This era could be called the Gilded Age of Austerity, a duality marked by huge and growing concentrations of wealth for the few, but for the rest of us: increasing economic insecurity, a tattered social safety net, crumbling public infrastructure, and few signs of hope that things will get better.

Democracy is a fragile experiment that needs to be regularly reaffirmed by all sides. The US electoral system was already heavily skewed toward the interests of the wealthy, who sponsor both major political parties, to the point where many consider elections to be a sham. But there was still a political system, a basic framework for running the country even during tough times, and that seems to be breaking down.

For the radical right-wingers responsible for hobbling the federal government, this might appear to be a dream come true: Most of the regulators furloughed, funding for most social services stopped, and only the police state remained largely intact (86 percent of Department of Homeland Security employees were on the job and soldiers were still getting paid).

But these anti-government ideologues have never fully understood or appreciated the myriad things that government does to keep civil society functioning over the long term. Our economy relies on federal spending, our health relies on the CDC spotting coming epidemics and the FDA inspecting our food, justice needs a civil court system, our travels depend on roads, and our future depends on today’s young people getting educated (ie Head Start) and fed (ie Food Stamps), and that’s all come to a grinding halt.

It’s a similar situation with public employee unions, like those that operate BART trains and AC Transit buses. As we’ve reported (see “Last train,” July 9), private sector wages and benefits often rise or fall with those negotiated by unions. So when unions can’t win good contracts or maintain funded pensions for workers, we’re all dragged down.

The Gilded Age gets better for the bosses as the Age of Austerity gets worse for the workers.

BART’s unions had an understandable expectation that they would share in the agency’s recent budget surpluses, particularly after accepting wage and benefit concessions of $100 million over the last four years to help with projected budget deficits that never materialized.

BART managers argue that the district has offered enough and that the rest of the money is needed for its ambitious expansion plans, but there should have been a solution here somewhere short of ultimatums (strike vs. the district’s “last, best, and final offer”). When the center still held, before the new Gilded Age fused with the Age of Austerity, people of goodwill could find common ground.

Maybe we’ll pull ourselves back from the brink and learn our lessons. Or maybe we’ve entered the endgame, a place where the desperation of those living in the Age of Austerity finally matches the greed and self-interest of those living in the Gilded Age, where one must defeat the other to survive, like two fighting birds plummeting to the ground in a death spiral.

And if that’s the case, are we ready for the next era? Have we sown our seeds and tended our gardens? It took World War Two to really get us out of the Great Depression, and I’d like to think we’ve evolved since then. But given recent events I’m not so sure.

Brown takes heat on fracking

On Thursday Oct. 17, more than fifty people gathered in front of the Parc 55 Wyndham Hotel in downtown San Francisco to protest Governor Jerry Brown’s reception of an environmental award. 

Every year, the BlueGreen Alliance hosts its Right Stuff Awards dinner to honor prominent individuals promoting a sustainable environment and economy. This year, they selected Governor Jerry Brown as a winner in the government category. The choice enraged environmentalists, who congregated where the awards dinner was being held to voice their indignation.

Brought together by several collaborating organizations, including Idle No More and Gathering Tribes, the protesters blocked the entrance to Parc 55 as they awaited the governor’s arrival. Bearing signs with messages such as “Jerry Brown is Not BLUE or GREEN,” they yelled to drivers who honked horns in support as they sailed past.

They were upset by Brown’s support for Senate Bill 4, which he signed into law in September. SB-4 is California’s first legislation regulating hydraulic fracturing, more commonly known as fracking, which involves shooting massive amounts of water and toxic chemicals deep into the earth to crack rock formations and release otherwise trapped oil and natural gas deposits.

Widely viewed as flawed legislation that is far from what environmentalists had in mind when they called for the practice to be regulated in California, the bill allows fracking permits to be approved as long as oil and gas companies publicly disclose which chemicals are used in the process. The legislation also requires groundwater and air quality monitoring before operations begin. Environmentalists fear that SB-4 will lead to a dramatic expansion of fracking in California, by allowing access to the state’s vast Monterey Shale deposit, estimated to hold 15.4 billion barrels of recoverable oil.

“This award from BlueGreen is a travesty,” declared protester Steve Ongerth, after a flash mob of young people danced to the song “Toxic” by Brittney Spears, dressed in shirts spelling out TOXIC while donning surgical masks.

In the past several years, Governor Brown has accepted at least $2.49 million in financial donations from oil and natural gas interests. Environmentalists point to these donations as an explanation of Brown’s refusal to impose a moratorium or an outright ban on fracking, despite pressure from a statewide coalition of organizations calling for such protective measures.

They also blame him for the changes made to SB-4 in the final week before the bill was voted on, which followed intense lobbying by oil and gas interests. The amendments substantially weakened restrictions on fracking by removing some of the bill’s tougher regulations and diluting language intended to ensure that new wells go through adequate environmental review.

“Jerry Brown has sold out the California public for his own self-serving interests. He made a deal with the devil,” said protester Pamela Zuppo of 350 Bay Area. “This is a fracking bill gone wrong. It is referred to as a regulation bill, but it is not. It is an institutionalization of fracking bill and it’s the destruction of our democracy.”

When he signed SB-4, Brown said it “establishes strong environmental protections and transparency requirements,” but added that he plans to seek additional changes next year to clarify the new requirements. So far, details remain sketchy on what areas of the bill will actually be addressed.

At the last minute, activists learned that Brown would not be attending the event to accept his award in person. When this was announced, the crowd of protesters let out a cheer.

But environmentalists who remain concerned about fracking are keeping the pressure on. On Saturday, Oct. 19, activists from 350.org, Food & Water Watch and the Center for Biological Diversity held a march and rally in downtown Oakland to call on Brown to ban fracking.

“Over the past year, Governor Brown has gone against the wishes and best interests of Californians — the majority of which oppose fracking — and has clearly stated his support for the dangerous drilling process, said Food & Water Watch Northern California Organizer Tia Lebherz.

“By doing this he is embarrassing himself and putting his legacy and our state’s future at risk.”

INFOGRAPHIC: Brown signs legislation creating two tiers of college tuition, for the rich and the poor

6

For six California community colleges, when the classes get crowded, those with money will get in, and the poor will struggle. 

On Oct. 10, Gov. Jerry Brown signed Assembly Bill 955, allowing six allegedly overcrowded community colleges to charge $200 per unit instead of the state-mandated $46 for their most in-demand classes. 

The bill was sponsored by Assemblymember Das Williams (D- Santa Barbara), and would effect College of the Canyons, Crafton Hills College, Long Beach City College, Oxnard College, Pasadena City College, and Solano Community College. But state officials and local activists fear this is the first step towards steeply increasing community college fees.

At a California Community College Board of Governors meeting last month, state Chancellor Brice Harris said the tuition hikes could lead to less funding from Sacramento.

“The next time the budget goes in the tank, they’ll tell (us), ‘we can’t give it to you, tell your colleges to raise fees,’” he said. “We have had historically free and open equal access. This bill fundamentally changes that equation.”

When reached for comment, a spokesperson for Harris said he was unavailable.

Shanell Williams, student trustee at City College of San Francisco and an activist who’s fought student inequality at the state level before, echoed Harris’ sentiments back when AB955 was first on the table. “AB955 creates a system of haves and have nots,” she said. “Students that cannot afford to pay more will essentially be denied access.”

A two-tiered payment system was tried once before at Santa Monica College last year. Students protested and were pepper sprayed in an incident that blew up in the news media.

In light of the new tuition hike, we’ve created an infographic to help put the new costs in context. Check it out below, and link to it directly here.

For our previous coverage on AB955, click here.