John Avalos

White men behaving (very) badly

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Could it be — the worst year ever?

I keep asking. And every time the Offies come around, I find myself boggled yet again. Our awards for the very worst — the dumbest, the most tasteless, the most truly offensive acts of the year past — keep sinking lower and lower.

But what can we do? There are still Republicans, and this year a lot of them ran for high office, and every single one made a fool of himself. There are still politicians who think you can run for San Francisco supervisor even if you live in Walnut Creek, and elected leaders who find the courage deep in themselves to prevent a bunch of old men from walking around with their sagging asses and limp dicks out.

There are still entertainers who punch psychics, and gun nuts who blame mass murder on TV sex, and … well, a whole lot of people who have made this a banner year for the Offies.

 

SUPPORT OUR BRAVE, HEROIC TROOPS! (EXCEPT THE MEN WHO FUCK MEN)

The audience at a Republican presidential primary debate booed a gay solider who called in from Iraq with a question about don’t ask, don’t tell.

 

FROM A GUY WHO HAD TO BUY OXYCONTINS AND VIAGRA ON THE STREET, THIS SORT OF THING IS AN OBVIOUS CONCERN

Rush Limbaugh attacked law student Sandra Fluke, calling her a “slut” and a “prostitute” because she testified that health-care plans should cover contraceptives.

 

THERE ARE MEN SO BRILLIANT THAT WE STAND IN AWE OF THEIR INTELLECT

Mitt Romney said he really liked Michigan because the trees were all the right height.

 

GIVING NEW MEANING TO THE 1 PERCENT

Herman Cain proclaimed that for every woman who claimed he sexually harassed her, there were a thousand others who didn’t.

 

IF WE WANTED A DRESS CODE ON AIRLINES, WE’D START WITH THOSE DREARY PILOT UNIFORMS

An American Airlines pilot kicked a woman off a flight for wearing a shirt that said “if I wanted the government in my womb I’d fuck a senator.”

 

PROBLEM IS, BUSH MADE THAT ONE A CABINET-LEVEL POSITION

Rick Perry proclaimed in a debate that he was going to do away with three agencies of the federal government, but after listing Commerce and Education, he couldn’t remember what the third one was, identifying it only as “oops.”

 

FOR SOMEONE WHOSE NAME MEANS ASS-CUM JUICE, THAT’S A REALLY PRETTY PICTURE

Rick Santorum said that he’d listened to John F. Kennedy’s speech on the separation of church and state and it made him want to throw up.

 

LOOK! UP AT THE RAMPARTS! THE MAN WITH THE HAIR!

Donald Trump, mistakenly believing Romney won the popular vote but lost the election, called the election “a sham and travesty” and called for “revolution.”

 

BUT HE COULD HELP THEM OUT WITH A FEW BINDERS FULL OF WOMEN

Romney insulted the British by saying the nation didn’t appear ready to host the Olympics.

 

FINE, JUST TAKE RICK PERRY WITH YOU

More than 50 thousand people signed a White House petition asking for permission for Texas to secede.

 

GUNS DON’T KILL PEOPLE, ATHEISM AND OVERSTIMULATED GLANDS DO. HAPPY FRIDAY, SHOOTERS!

On the same day that a gunman opened fire at a showing of the Dark Knight movie in Colorado, the National Rifle Association’s magazine sent out a tweet that read: “Good morning, shooters! Happy Friday.”

A Congressman from Texas, Louie Gohmert, argued that the Dark Knight shootings happened because of “ongoing attacks on Judeo-Christian beliefs.”

Mike Huckabee blamed the massacre in Newtown, CT on atheism. “We ask why there is violence in our schools, but we have systematically removed God from our schools,” Huckabee said on Fox News. “Should we be so surprised that schools would become a place of carnage?”

Timothy Bordnow at Tea Party nation said the shooting was caused by too much sexual stimulation in the media . “There is a reason why young people commit these sorts of crimes, and sex plays no small part. Their passions are eternally inflamed, and they wander the Earth with no outlet for their overstimulated glands.”

Megan McArdle, the Daily Beast writer, urged the victims of mass shootings to gang-rush the shooter so he wouldn’t kill as many people.

The head of the National Rifle Association said the only way to stop mass murders of school children is to post armed guards in every school.

 

WOW — THE DISTRICT 8 SUPERVISOR HAS BEEN OVERWHELMED BY A COUPLE OF OLD MEN’S FLACCID DICKS

Sup. Scott Wiener promoted a ban on public nudity in San Francisco.

 

WHEN YOU’RE A MAJOR LOSER, EVEN MONEY CAN’T BUY YOU LOVE

Michael Breyer, who has never been elected to anything, spent roughly $1 million trying to win a state Assembly seat as the candidate of “traditional San Francisco values,” and lost badly.

 

AND THESE PEOPLE ARE COOPERATING WITH HOMELAND SECURITY?

Confetti thrown in the Giants parade turned out to be lightly shredded internal police documents that included home addresses and social security numbers of officers.

 

GUESS IT’S OKAY TO PERJURE YOURSELF IF YOU’RE THE MAYOR

Mayor Ed Lee testified under oath that he’d never discussed the Ross Mirkarimi case with members of the board of Supervisors, although friends of Sup. Christina Olague said she’d been open about her talks with the mayor on the topic.

 

NOW, WHICH ONES ARE THE IRON MONSTERS OF DEATH?

A San Francisco bicyclist who was allegedly trying to beat a speed record crashed into and killed a 71-year-old man in the Castro.

 

UNFORTUNATELY, THERE’S NO MALPRACTICE STATUTE GOVERNING THAT AUGUST PROFESSION

Political consultant Enrique Pearce oversaw perhaps the worst district election campaign in history, helping Olague become the first incumbent ever to lose in ranked-choice voting in SF.

 

SOMEHOW, REPRESENTING WALNUT CREEK AT CITY HALL DIDN’T SEEM LIKE SUCH A GOOD IDEA

Union official Leon Chow dropped his challenge to Sup. John Avalos when the SF Appeal revealed that he didn’t live in District 11, or even in San Francisco.

 

 

WHEN MEN ARE JUST TOTAL DICKS: THE GOP REDEFINES RAPE

1. Divine providence rape (Rick Santorum): “The right approach is to accept this horribly created .. gift of life, accept what God is giving to you.”

2. Honest Rape (Ron Paul): “If it was an honest rape, that individual should go immediately to the emergency room.”

3. Forcible Rape (Paul Ryan): Federal law should prevent abortion except in the case of “forcible rape.”

4. Emergency Rape (Linda McMahon): “It was really an issue about a Catholic Church being forced to issue those pills if a person came in with an emergency rape.”

5. Legitimate Rape: (Todd Akin): “If it was a legitimate rape, the female body has ways to try to shut that whole thing down.”

 

CALL IT BIEBER RAGE; IT’S DANGEROUS SHIT

After a Justin Bieber concert, Lindsay Lohan punched a psychic in the face at a New York nightclub, then threw her personal assistant out of the car.

 

YEP, AND IT DOESN’T LOOK ANY BETTER THE SECOND TIME

Romney’s campaign manager said that his candidate would change his right-wing positions for the fall campaign: “It’s almost like an Etch-A-Sketch. You can kind of shake it up and we start all over again.”

 

AND IF HE GOES WITH THEM, IT WILL ALL BE WORTH WHILE

Newt Gingrich proposed sending 13,000 Americans to the Moon and creating a new state there.

 

AND WE ALL WONDER WHY THE MEDIA IS DOING SO SMASHINGLY WELL THESE DAYS

After Gabby Douglas became the first black woman to win the Olympic gold medal in all-around gymnastics, the news media reported on problems with her hair.

 

AND YOUR VIEW OF THE WORLD IS OVER, OVER, OVER, OVER

Justice Antonin Scalia, in defending his argument that sodomy is legally equivalent to murder, told law students at Princeton that the Constitution is not a living document, it’s “dead, dead, dead, dead.”

 

MAKES YOU WONDER ABOUT THE POOR SOUL WHO CAME IN AT 99

Kim Kardashian fell 90 places, to 98, on AskMen Magazine’s list of the worlds 100 most desirable women.

 

SADLY, “GOTTA CATCH ‘EM ALL” DOESN’T MAKE SUCH A GREAT CAMPAIGN SLOGAN

Herman Cain said his life’s philosophy came from a Pokemon song.

 

WE’RE GLAD THAT HIS FAITH HAS GIVEN HIM SUCH AN UPLIFTING ATTITUDE

Romney said he’s “not concerned about the very poor.”

 

HE WAS PROBABLY SHITFACED, TOO, BUT SINCE HE DOESN’T DRINK HE CAN’T REMEMBER THAT EITHER

Romney said he didn’t remember beating up a gay student at his prep school and cutting off his long hair.

 

IT’S A GOOD THING MONDAY NIGHT FOOTBALL ISN’T LOOKING FOR ANOTHER JOHN MADDEN

A full 78 percent of Americans thought Ryan Seacrest was doing a good job broadcasting from the Olympics, although most of them couldn’t figure out what he was actually doing.

 

HE ALSO TOLD US THAT TAX CUTS AND DEREGULATION WOULD IMPROVE THE ECONOMY, SO HE’S GOT A WINNING RECORD HERE

Karl Rove on election night kept insisting the Romney still had a chance to win.

 

TALK ABOUT A BLOWN COVER

David Petraus resigned as CIA director after an affair with a woman who was threatening another woman who might have had a thing for him.

 

TOO BAD — HE MIGHT HAVE HAD TO SEEK ASYLUM IN THE NEW REPUBLIC OF TEXAS

A petition to allow every American to punch Grover Norquist in the dick was removed from the White House website.

 

WE’RE WITH THE GOVERNMENT OF BELIZE; THIS MAN IS “BONKERS”

One-time software mogul John McAfee fled Belize claiming the cops would persecute him after he was sought for questioning in the shooting death of his neighbor — using a body double, faking a heart attack, pretending he was crazy, and winding up in Miami.

 

IT SUCKS TO BE STINKING RICH AND OWN FOUR HOUSES AND HAVE TO LIVE WITH REJECTION

Ann Romney was deeply depressed that her husband didn’t win the election, telling friends she though it was their fate to move into the White House.

 

AND WHEN ASKED IF SOMEONE THAT MORONIC COULD ACTUALLY RUN FOR PRESIDENT, HE SAID “I’M A REPUBLICAN, MAN”

Marco Rubio, when asked about the age of the Earth, said “I’m not a scientist, man.”

 

EASY — THE ONES WHO ARE GETTING PAID ARE THE ONES PRETENDING TO BE INTERESTED IN NASTY OLD FRENCHMEN

After Dominique Strauss-Kahn was held overnight in Lille to be questioned about possible connections between a prostitution ring and orgies he attended in Paris and Washington, his lawyer said: “I challenge you to distinguish a naked prostitute from any other woman.”

 

DUDE — THAT’S THE TERRITORY OF SERIOUS LOSERS

Vice-presidential candidate Paul Ryan lied about his time in the marathon.

 

GO AHEAD, CLINT — MAKE OUR DAY

Surprise guest speaker Clint Eastwood addressed GOP convention delegates for 12 minutes, during which he carried on an imagined dialogue with an empty chair he identified as President Obama.

 

AND YES, HE DID GET A FAIR AMOUNT OF THE STUPIDITY VOTE

Santorum told a gathering of conservatives in Washington, “We will never have the elite, smart people on our side.”

Dick Meister: Good news for our neediest workers

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By Dick Meister

Bay Guardian columnist Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

Here’s some good news for the new year: Ten states are set to raise their minimum wage rates on January first.

The National Employment Law Project (NELP) calculates that the increased rates will boost the pay of more than 850,000  low-income  workers in Arizona, Colorado, Florida, Missouri, Montana, Ohio, Oregon, Rhode Island, Vermont and Washington.

The rates, raised in accord with state laws requiring automatic adjustments to keep pace with the rising cost of living, will go up by 10 to 35 cents an hour depending on the state. NELP figures that will mean $190 to $510 more a year for the four million workers who are paid at the minimum in those states.

That may not seem like much in today’s economy, but most of the workers are living at or near the poverty level, and it will mean a lot to them and their families. Another 140,000 needy low-paid workers will get indirect raises as pay rates are adjusted upward to reflect the new minimum wage in their states.

Nineteen states, including California, plus the District of Columbia will now have rates higher than the federal minimum. But though the increases in state minimum wages are vital, what’s needed now is also to raise the federal minimum so that all minimum wage workers are paid at a higher and uniform rate.  The federal rate has remained at $7.25 an hour  – about $15,000 a year for the average minimum wage worker – since it was set in 2007, although inflation has continued to erode its purchasing power

A bill now pending in Congress would raise the federal rate to $9.80 an hour by 2014, set the rate for tipped workers at 70 percent of that, and provide for the rates to rise to match future increases in the cost of living.

Federal action is badly needed, notes NELP’s executive director, Christine Owens, to “make sure workers earn wages that will at the very least support their basic needs. But earning an income that meets basic needs shouldn’t depend on the state where a working family lives.”

OK, but won’t increasing the pay of minimum wage workers discourage employers from hiring more workers and thus weaken the economy and hurt jobless workers? That’s often claimed by fiscal conservatives, but it’s simply not so.

NELP cites a large body of research clearly showing that “raising the minimum wage is an effective way to boost the incomes of low-paid workers without reducing employment.” NELP notes in particular research showing that “even during times of high unemployment, minimum wage increases did not lead to job loss.”

On the contrary. NELP estimates that increased spending by workers paid at the new state minimums will pump an estimated $183 million into the economy, creating the equivalent of more than 100,000 full-time jobs. Other estimates indicate that every dollar increase in wages for workers at the minimum rate would trigger more than $3000 in new spending.

But can employers afford to pay a higher minimum? Wouldn’t it be a burden on small businesses, as those opposing a raise often claim? No. NELP found that more than two-thirds of minimum wage workers are employed by large companies, and that many of the companies could easily afford a raise, especially since they “have fully recovered from the recession and are enjoying strong profits.”

There’s no excuse for inaction.  Ten states have done the right thing for their neediest working citizens. It’s time for Congress and President Obama to do their part.

Bay Guardian columnist Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

The new board president

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The last time the San Francisco supervisors elected a new board president, the progressives got a swift kick in the ass. David Chiu, who had been elected to the top slot two years earlier with the unanimous support of progressives, disappointed some of his allies and wasn’t going to get their votes. But he wanted to keep his job, so he turned to the conservatives — and with the support of the folks on the right, he won another term. The he turned around and put the center-right folks in charge of some key committees. Price of the deal.

Now he’s looking for a third two-year term — but this time there aren’t any easy alliances. Several of his colleagues are also in the running, from across the political spectrum. And nobody right now has the magical six votes.

Scott Wiener on one side, David Campos on the other, Jane Kim closer to Chiu … somebody’s going to have to back down or cut a deal. And that’s where these things tend to get squirrly.

Me, I think Campos would be perfect for the job, not only because I agree with him most of the time but because he’s reliable, fair, and cares about public empowerment and input. That wouldn’t be to Chiu’s advantage — the two are likely to be facing off in a tough state Assembly contest when Tom Ammiano is termed out in two years, and the last thing Chiu would want is to have his rival in such a high-profile spot. So it’s not likely either of those two will be voting for the other.

I haven’t always agreed with Kim, but she’s more on the progressive side than not, and she’s really smart. You could see that as she took apart the city attorney’s arguments during the Ross Mirkarimi debate. Wiener has one of the most ambitious legislative agendas of any current board member and has proven to be an effective (sometimes dangerously effective) politician.

Wiener can probably get votes from the most conservative side, Mark Farrell and Carmen Chu, and might be able to line up, say, Malia Cohen and possibly even newcomer London Breed. But that’s not six — and that assumes that Chiu doesn’t make a play for those votes the way he did last time. Campos will get the progressives (John Avalos and likely Eric Mar), but that’s not six either. And with Kim and Chiu going after some of the same people, nobody’s going to come close in the first round.

That is, unless somebody cuts a series of backroom deals.

So my suggestion is this: Let’s demand that all of them tell us up front who they would put on which committees. Sure, it looks like pandering if Wiener promises Budget and Finance Chair to Cohen, who then votes for him — but that stuff is going to happen anyway, and I’d rather have it out in the open.

 

 

 

 

 

Local blogs fumble story of sex worker activist named legislative aide

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We were thrilled to bits at the Guardian when St. James Infirmary’s longtime program director and former Harvey Milk Club president Stephany Joy Ashley was named Supervisor David Campos’ new legislative aide. Ashley was a speaker on our “Feminism in the Bay Area Today” panel discussion and worked on a number of political campaigns, from John Avalos’ bid for mayor to Rafael Mandleman’s 2010 run for District 8 supervisor. 

However, local blogs read her primarily as a former stripper. “Lusty Activist is the New Campos Aide,” read Misson Loc@l’s headline. “David Campos’ New Aide Is a Former Lusty Lady Dancer,” read the headline on SFist. Way to focus on the important stuff, guys.

Of course, Ashley was a stripper at SF’s amazing worker-owned strip club — six years ago. And we think it’s awesome that we live in a town that doesn’t separate sex workers from the political world. And actually, the Mission Loc@l headline isn’t really indicative of the article’s content, which does focus on Ashley’s impressive qualifications.

But, the fact of the matter is that “Lusty activist” and “former Lusty Lady dancer” are really insufficient descriptors for someone who has continued to play really important roles in the community since her days at the Lusty. It’s hardly the most unique thing about Ashley either, given her achievements since. 

We get it local bloggers, we’re all looking for clicks. But let’s not sensationalize sex work — not to mention completly legal sex work — anymore. This story was already awesome without it.

Lee ducks tough questions about Alvarez and diversifying SF’s economy

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For a career bureaucrat who was appointed mayor supposedly as a sort of straight-shooting un-politician, Mayor Ed Lee today once again demonstrated a real talent for addressing tough questions with a whole lot of words that don’t seem to say much at all. First came his non-responsive answers during Question Time at the Board of Supervisors meeting, followed by the hollow filibuster with reporters asking about the Housing Authority scandal as he briskly walked back to his office.

Asked why he continued to stand by Housing Authority Director Henry Alvarez despite the scandals and accusations of mismanagement and unethical conduct on the job that have placed a cloud over the agency, Lee said he’s just waiting for the investigations and lawsuits to play out, dismissing “the so-called cloud that you referred to.”

Given the obvious problems that Alvarez is now having running an agency whose employees and clients have such a problem with his leadership, I asked whether Lee has considered suspending him, to which he responded that Alvarez hasn’t been convicted of any crimes. So, apparently professional misconduct is a personal matter, but personal misconduct unrelated to one’s job warrants suspension. This is all very confusing.

Even more bewildering was Lee’s answer to the question from Sup. John Avalos. He prefaced his question with one from constituent/comedian Nato Green asking what the city is doing to diversify its economy beyond “the highly paid finance or tech jobs and their low wage servants,” noting that City Economist Ted Egan also recently asked that question in a report calling for “a more balanced distribution of job opportunities.”

So Avalos asked, “What is your plan to create living wage jobs in local-serving industries to prevent the City’s working and middle classes from being displaced by people moving to the city for new upper income jobs in the creative (including high tech), financial, and professional services industries?”

It’s a great and important question that has been increasingly raised by those who understand the risks of placing all our eggs in one economic basket, particularly given this city’s experience with the last dot.com bubble bursting.

But even though Lee had plenty of time to think about the issue and develop an answer, he clearly didn’t have a good one, instead singing the praises of the booming tech industry and his Tech.SF program for training new tech workers, just like his main financier, tech mogul Ron Conway, wants.

Now, Lee did cite industry studies that every tech job sustains four other jobs in the city, mostly in restaurants and tourism-related sectors (ie the “low wage servants” Green mentioned). And Lee touted the construction jobs created by his developer buddies, praising Avalos for his local hire ordinance.

But even the much-praised local hire standard of 25 percent means that 75 percent of those workers are living outside the city. It’s a similar story for the restaurant, retail, and bar jobs that the influx of well-heeled new residents are creating demand for, none of which answers Avalos’ questions about how to diversify our economy and create good jobs for most San Franciscans.

“Trickle down economics can only get us so far and without a specific and far-reaching plan to create local living wage jobs for San Francisco’s working and middle classes, we’ll see us falling behind,” Avalos told the Guardian after hearing the mayor’s “answer.”

But instead of a plan or a direct answer, we got political platitudes from Lee such as, “We’ll be investing in the greatest asset of our city and that’s the residents, our people, and ensuring San Francisco stays a city for the 100 percent.”

To which Avalos responded, “His comment about the 100 percent really means that by favoring the 1 percent, the 99 percent benefit. Well, as a country, we’ve been doing that for years and wealth disparities have only widened.”

Aggressive Warriors

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steve@sfbg.com

No standard defensive strategy is likely to stop the Golden State Warriors, Mayor Ed Lee, and their huge team of partners and employees from dominating the game of approving construction of a new basketball and concert arena on San Francisco’s central waterfront. That became clear on Nov. 14, as the political operation overcame fire, darkness, and neighborhood-based opposition for the first big score.

The Board of Supervisors Budget and Finance Committee was set to consider declaring the project, which the Warriors want to build on Piers 30-32 by the 2017 basketball season, to be “fiscally feasible,” recommending it move forward with more detailed environmental studies and a term sheet nailing down myriad administrative details.

Before the 11am hearing, the project team held a packed press conference to announce that the Warriors had volunteered to abide by the city’s local-hire standards for public works projects, hiring San Francisco residents or military veterans for at least 25 percent of total construction jobs and 50 percent of apprenticeships. A beaming Lee praised the deal as an “unprecedented” indicator of the Warriors’ willingness to partner with the city.

The event overflowed with union members in hard hats and orange “Build It Now!” T-shirts, as well as a full range of local political pros, from former mayoral and current project spokespersons PJ Johnston and Nathan Ballard to former aides to progressive supervisors, David Owen and David Loyola. Among the agreement’s four signatories were Joshua Arce, the Brightline Defense Project head who last year crusaded for Sup. John Avalos’s local hire ordinance, and building trades chief Michael Theriault.

Strikingly missing at the press conference was Sup. Jane Kim, in whose District 6 the project would be built — over the objections of many residents who are raising concerns about the loss of waterfront views, huge crowds attending what is projected to be more than 200 events per year, high interest rates paid by city taxpayers, the project’s accelerated approval schedule, and other concerns.

Kim is one of the three members of the Budget Committee, which held its meeting despite an electrical fire in the basement of City Hall that knocked out power to the building. Portable photography lighting was brought in to supplement the emergency backup lights, making it bright enough so the televised show could go on but giving a strangely surreal feel to the proceedings and reinforcing the urgency project supporters feel to move this forward without delay.

Kim raised the concerns of her constituents, winning support for amending the resolution to ensure the Citizens Advisory Committee — whose chair was given two minutes to convey how its members feel steamrolled by the accelerated process, asking it be delayed by a month or two — will be given chances to weigh in and pushing the EIR scoping meetings back a few weeks to January.

In the end, Kim and the committee voted to move the project forward. A few days later, on Nov. 19, the process repeated itself with another flashy press conference in the Mayor’s Office — with another important union endorsing the project — followed by the Land Use Committee responding favorably to the project.

The full Board of Supervisors was scheduled to approve the project’s fiscal feasibility the next day, after Guardian press time, but there was little chance that the full board would take any other action than giving the Warriors, Lee, and their huge roster of teammates what they want.

This despite unusual financing and some very real concerns about waterfront development.

 

 

JOBS, MONEY, AND SUPPORT

Mayor Lee — who has placed a high priority on this project since announcing his deal with the team in May — emphasized its job creation and contribution to the local economy during the Nov. 19 press conference.

“I remind people, this is a private investment of hundreds of millions of dollars,” Lee said of a project pegged to cost around $1 billion. “It means a lot of jobs, and that is so important to all of us.”

The project is expected to directly create 4,300 jobs: 2,600 construction jobs and 1,700 permanent jobs, including those at the 17,000-seat sports and entertainment arena and the 250-room hotel and 100,000 square feet of retail and restaurants that would be built as part of the project.

“We’ve been spending a lot of these last many months describing what it is we want to build,” Warriors President Rick Welts said at the press conference before casting the project in grander terms. “That’s not really what we’re building. What we’re really building are memories.”

But city residents and workers are looking for more tangible benefits than just the highs of watching big games or concerts. The building trades were already expected to strongly support the project, which only got stronger with last week’s local-hire deal. Labor’s support for the project was broadened on Nov. 19 with the announcement that the Warriors agreed to card-check neutrality for the hotel, making it easier for its employees to join UNITE-HERE Local 2.

“Thank you for being a partner and we’re looking forward to working with you in the future,” Local 2 head Mike Casey, who notably also serves as president of the San Francisco Labor Council, said to Welts at the event before the two signed a formal agreement.

In addition to allowing the hotel workers to easily organize, the Warriors agreed to card-check neutrality for vendors at the arena with at least 15 employees and those outside the arena with more than 45 employees, as well as giving those who now work Warriors’ games at Oracle Arena first dibs on jobs at the new arena.

“I think that speaks a lot about what the project is. It’s not just a San Francisco project, but a Bay Area project,” Casey said. He also said, “I want to thank the mayor for bringing people together and laying all this out.”

While Lee and the Warriors do seem to have this deal pretty well wired, this is still a San Francisco project, a complex one on the politically and environmentally sensitive waterfront that city taxpayers are helping to pay for and one for which the residents there will bear the brunt of its impacts.

 

PAYING FOR IT

Lee, Office of Economic and Workforce Development head Jennifer Matz, and other key project supporters have repeatedly claimed this project is funded completely with private money, noting how rare that is for urban sports stadiums these days.

But in reality, city taxpayers are spending up to $120 million for the Warriors to rebuild the unstable piers on which the arena will be built, plus an interest rate of 13 percent, an arrangement that has drawn criticism from a key source.

Rudy Nothenberg, who served as city administrator and other level fiscal advisory roles to six SF mayors and currently serves as president of the city’s Bond Oversight Committee, wrote a Nov. 12 letter to the Board of Supervisors urging it to reject the deal.

“Quite simply, I would have been ashamed of such a recommendation,” Nothenberg wrote of the high interest rate. “In today’s markets it is incomprehensible to have such a stunning recommendation brought to your honorable Board in such haste.”

Johnston and Matz each disputed Nothenberg’s characterization, citing a report by the project consultants, the Berkeley-based Economic and Planning Systems Inc. (EPS), that 13 percent is a “reasonable and appropriate market based return.”

Matz told us the rate was based on the risky nature of rebuilding the piers, for which the Warriors are responsible for any cost overruns. And she compared the project to the massive redevelopment projects now underway on Treasure Island and Hunters Point, from which the city is guaranteeing powerful developer Lennar returns on investment of 18.5 percent and 20 percent respectively.

Johnston, who was press secretary to former Mayor Willie Brown and worked with Nothenberg on building AT&T Park and other projects, told us “I have great respect for Rudy.” But then he went on to criticize him for taking a self-interested stand to defend the views from the condo he owns nearby: “They don’t want anything built in their neighborhood. They would rather leave it a dilapidated parking lot.”

But Nothenberg told us his stand is consistent with the work he did throughout his public service career in trying to keep the waterfront open and accessible to the public, rather than blocking those views with a 14-story stadium and hotel complex.

“I have a self-interest as a San Franciscan, and after 20 years of doing the right thing, I don’t want to see this rushed through in an arrogant way that would have been unthinkable even a year ago,” Nothenberg told us. “I spent 20 years of my life trying to deal with waterfront issues.”

He is being joined in his opposition by other neighborhood residents, land use experts such as attorney Sue Hestor, some opponents of the 8 Washington project concerned with the creeping rollback of waterfront development standards, and members of the Citizens Advisory Committee who have felt steamrolled by the rapid process so far and unable to thoroughly discuss the project or the neighborhood’s concerns.

“We would like to slow this process down,” committee Chair Katy Liddell told supervisors on Nov. 14. “Things are going so quickly.”

 

DETAILS OF THE DEAL

The $120 million plus interest that the city will owe the Warriors would be offset by the $30 million the team would pay for Seawall Lot 330 (the property across from the piers where the hotel would be built), a one-time payment of $53.8 million (mostly in development impact fees), annual rent of nearly $2 million on its 66-year lease of Piers 30-32, and annual tax and mitigation payments to the city of between $9.8 million and $19 million.

Kim raised concerns at the Budget Committee hearing about the more than 200 events a year that the arena will host, but she was told by Matz that’s necessary to make the project pencil out for the Warriors.

Many of the project’s financial and administrative details are still being worked out as part of a term sheet going to the Board of Supervisors for approval, probably in April. Other details will be studied in the project Environmental Impact Report, which is expected to come back to the board in the fall.

The Department of Public Works, Police Department, and — perhaps most critically given its impact on Muni and roadways — Municipal Transportation Agency have yet to estimate their costs.

“We do have a lot of concerns in the neighborhood about this project,” Kim told the Land Use Committee, singling out impacts to the transportation system as perhaps the most important, followed by quality-of-life issues associated with huge crowds of sports fans.

Kim noted that the area already has a problematic transportation infrastructure, with some of the highest rates of motorist-pedestrian collisions in the city and a public transit system that reaches capacity at peak times, and said that many residents worry this project will make things worse. The EIR will deal with the transportation details. But Kim praised how about half the space on the piers, about seven acres, will be maintained as public open space: “I think the open space aspect is incredible and it could actually increase access to the waterfront.” In the end, Kim urged project proponents to heed the input of the CAC and other concerned parties because, “This could be a very valuable project, or it could also be a disaster.”

Supervisors approve nudity ban on close vote

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Over the objections of progressive supervisors and under threats of a lawsuit from nudists and civil liberties advocates, the San Francisco Board of Supervisors today voted 6-5 to outlaw public nudity in the city. Supervisors voting against the ban were David Campos, Christina Olague, John Avalos, Eric Mar, and Jane Kim.

Sup. Scott Wiener, who sponsored the measure, cast it as a last resort to deal with what has become daily displays of nudity in the Castro district he represents (and most recently around City Hall as his legislation was being considering in committees), noting that, “Public nudity is part of San Francisco and is appropriate in some circumstances.” His legislation makes exceptions for permitted events such as the Folsom Street Fair and Bay-to-Breakers.

But Wiener said that “public nudity can go too far,” as he says it has over the last two years in the Castro’s Jane Warner Plaza, and that “freedom of expression and acceptance does not mean you can do whatever you want.”

Campos echoed some of the legal concerns that critics of the legislation have raised, noting that, “As a lawyer, I do worry about when you ban specific conduct and then you have exceptions to that.” He also questioned whether Wiener has done enough to try to mediate the increasingly divisive conflict he’s been having with the nudist community and whether this was an appropriate use of scarce police resources.

“I don’t believe we’re at the point of saying this becomes a priority over violent crime,” Campos said, noting that he’s been unable to get more police foot patrols to deal with a recent spate of violent crimes in the Mission, which shares a police station with the Castro.

Avalos said it was absurd to focus city resources on this victimless issue when the city is wrestling with far more serious problems, such as poverty and violence, and he played a clip from the film Catch 22 where a soldier goes naked to a ceremony to highlight that absurdity. “I will refuse to put on this fig leaf, I just can’t do it,” Avalos said.

Mar said he sympathized with Wiener’s concerns, but agreed with Campos that Wiener could have done more to mediate this situation before both sides dug in: “I really don’t think we need citywide legislation, particularly overbroad legislation, to deal with a problem isolated to one neighborhood.”

Wiener seemed stung by the comments and said he could cite example of each supervisor pushing resolutions or ordinances that dealt with similarly trivial issues, comparing it to refusing to deal with a constituent’s pothole complaint until that supervisor fixed Muni and solved the city’s housing problem. But Campos pushed back, calling the comparison ridiculous and saying there was no reason for a citywide ban to deal with such an isolated issue.

Nudists at the hearing reacted angrily to the approval and started to disrobe before President David Chiu ordered deputies to intervene and abruptly recessed the hearing. Now, it will likely be up to the courts to decide whether Wiener’s concerns about weiners can withstand legal scrutiny.

Sorting out a strange election

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steve@sfbg.com, tredmond@sfbg.com

The way the San Francisco Chronicle pundits put it, Mayor Ed Lee was the clear winner in a grand San Francisco election. “All his measures on the ballot won hands down,” noted Willie Brown, the high-paid lawyer and political operative who also functions as a Chron columnist. “It was a great day for Ed Lee,” proclaimed columnist C.W. Nevius.

Well, not really.

There are a lot of ways to explain and analyze the inconsistent results of one of the most heavily propagandized elections in recent San Francisco history. But no matter how you look at it, the election was at best a wash for the mayor. Indeed, we’d argue that voters rejected the basic premise of the mayor’s political agenda – that tax cuts and favors for big business are the best economic policy – despite record-breaking outside spending selling that agenda and targeting those who stood in its way.

Let’s take a look at the real facts:

• Every single initiative backed by the mayor, the ones he’s getting credit for – from the City College parcel tax to the housing fund to the business tax – was either a compromise with progressives or a measure that originated on the left. There was nothing the mayor pushed that had any significant progressive opposition; his wins were equally, if not more dramatically, wins for the left.

• Both people the mayor appointed to office were soundly rejected by the voters. Rodrigo Santos, his high-profile appointee to the troubled City College Board of Trustees, spent almost $200,000 and finished a distant sixth. Sup. Christina Olague lost to the candidate Lee had rejected for appointment, London Breed, in a complicated race where the mayor’s actual role was unclear (he never withdrew his endorsement of Olague even as his allies trashed her in nasty ways).

• A million-dollar effort funded by some of the mayor’s allies to oust Sup. Eric Mar was a spectacular failure, suggested some serious problems in the mayor’s political operation, and undermined his emphasis on “civility.”

• The voters made clear on every level that they believe higher taxes on the wealthy and closing tax loopholes on big business are the right approach to the economy and to funding government. From Prop. 30 to Prop. 39 to Prop. A to Prop. E, the message was pretty clear: The tax revolt that started in California in 1978 may be winding down, and the notion of making property owners and the wealthy pay for education and public services is no longer a radical idea.

Robert Cruikshank, who writes for the Calitics blog, argues that the November election signals a major sea change in California. “[The] vote to pass Prop 30 — by a larger margin than most observers expected — does more than just provide $6 billion of badly needed funding to the state’s public school,” he wrote. “It brings to a close a 34-year long tax revolt that came very close to destroying California’s middle class, locking its low income families into permanent poverty, and left the state on the edge of financial ruin.”

That sounds like a progressive message. The agenda put forward by the mayor’s closest allies, including right-wing billionaire Ron Conway, who played a heavy-handed role in this election, not only failed to carry the day; the big-money types may have overplayed their hand in a way that will shape the political narratives going forward.

A LOT OF CONSENSUS

Let’s start with the ballot measures (before we get to the huge and confusing mess that was D5).

Proposition A, the parcel tax for City College, didn’t come out of the Mayor’s Office at all; it came from a City College board whose direction the mayor tried to undermine with the appointment of Santos, a pro-development engineer so conservative that he actually endorsed the Republican opponent of Assembly member Tom Ammiano.

Lee didn’t even endorse Prop. A until a few weeks before the election, and played almost no role in raising money or campaigning for its passage (see “Words and deeds,” 9/11/12). Yet it got a higher percentage of the vote than any of the three measures that Lee actively campaigned for: Props. B, C, and E.

Then there’s Prop. C, the Housing Trust Fund. Lee’s office played a central role in drafting and promoting the measure -– but it wasn’t exactly a Lee initiative. Prop. C came out of the affordable housing community, and Lee, who has strong ties to that community, went along. There were tough negotiations -– the mayor wanted more guarantees and protections for private developers -– and the final product was much more what the progressives who have spent decades on the housing front wanted than what the mayor would have done on his own.

The way the mayor envisioned business-tax reform, the city would have eliminated the payroll tax, which tech firms hate, and replaced it with a gross-receipts tax -– and the result would have been revenue-neutral. It was only after Sup. John Avalos and the progressives demanded that the tax actually bring in more money that the outlines of Prop. E were drafted and it received strong support from groups across the ideological spectrum.

“You had a lot of consensus in the city about these ballot measures,” political consultant David Latterman, who usually works with downtown-backed campaigns, said at SPUR’s post-election round-up.

The supervisorial races were a different story, with unprecedented spending and nasty messaging aimed at tipping the balance in favor of real estate and development interests. Mayor Lee didn’t get directly involved in the District 1 race, but he was clearly not a supporter of incumbent Sup. Eric Mar.

The real-estate and tech folks who are allied with Lee spent more than $800,000 trying to oust Mar — and they failed miserably, with Mar winning by 15 points. While Mar did have the backing of Chinatown powerbroker Rose Pak, who raised money and helped organize ground troops to help, Mar’s victory was primarily the result of a massive outpouring of support from labor and progressive activists, many reacting to the over-the-top effort to oust him.

Mar, who voted to put Lee in office, won’t feel a bit indebted to the mayor for his survival against a huge money onslaught. But in District 5, the story was a whole lot more complicated, and impact more difficult to discern.

THE D5 MESS

Before we get into what happened in D5, let’s dispel some of the simplistic and self-serving stories that circulated in the wake of this election, the most prominent being that Olague’s loss -– the first time an incumbent was defeated in a ranked-choice election –- was payback for crossing Mayor Lee and voting to reinstatement Sheriff Ross Mirkarimi.

It’s certainly true that Lee’s allies went after Olague and supported London Breed, and that they tried to make an issue of domestic violence, but there was much, much more to this district election. Breed is an SF native with a compelling personal story who ran a strong campaign –- and that three strongest progressive candidates in the race each had major flaws that hurt their electability. By most accounts, the Olague campaign was a disaster until the very end. Equally important, the progressive community was divided over D5, leaving room for Breed to slip in.

“It’s hard to unravel what happened here,” Latterman said.

San Francisco Women for Responsibility and an Accountable Supervisor was an independent expenditure group fronted by domestic violence advocates and funded by more than $100,000 from the families of Conway and fellow right-wing billionaire Thomas Coates. It attacked Olague’s Mirkarimi vote as being soft on domestic violence — but it also did a last minute mailer criticizing Olague’s vote for CleanPowerSF, muddling its message of moral outrage.

On election night, Olague told us she believed her split with the Mayor’s Office really had more to do with CleanPowerSF –- which the board approved with a veto-proof majority over the objections of Lee and the business community –- and with her insisting on new revenue from Prop. E than it did with Mirkarimi, whose ouster she dismissed as “a power play” aimed at weakening progressives.

“They don’t want to say it, but it was the whole thing around CleanPowerSF. Do you think PG&E wanted to lose its monopoly?” she said.

Yet Olague said the blame from her loss was also shared by progressives, who were hard on her for supporting Lee, courting his appointment to the D5 seat, and for voting with him on 8 Washington luxury condo project and other high-profile issues. “The left and the right both came at me,” she told us. “From the beginning, people were hypercritical of me in ways that might not be completely fair.”

Fair or not, Olague’s divided loyalties hurt her campaign for the D5 seat, with most prominent progressives only getting behind her at the end of the race after concluding that John Rizzo’s lackluster campaign wasn’t going anywhere, and that Julian Davis, marred as he was by his mishandling of sexual impropriety accusations, couldn’t and shouldn’t win.

Olague told us she “can’t think of anything I would have done differently.” But she later mentioned that she should have raised the threats to renters earlier, worked more closely with other progressive candidates, and relied on grassroots activists more than political consultants connected to the Mayor’s Office.

“The left shouldn’t deal with consultants, we should use steering committees to drive the agenda,” Olague said, noting that her campaign finally found its footing in just the last couple weeks of the race.

Inside sources say Olague’s relations with Lee-connected campaign consultant Enrique Pearce soured months before the campaign finally sidelined him in the final weeks, the result of his wasteful spending on ineffective strategies and divided loyalties once a wedge began to develop between Olague and the Mayor’s Office.

Progressive endorsements were all over the map in the district: The Harvey Milk Club endorsed Davis then declined to withdraw that endorsement. The Tenants Union wasn’t with Olague. The Guardian endorsed Rizzo number one. And none of the leading progressive candidates had a credible ranked-choice voting strategy — Breed got nearly as many second-place votes from Davis and Rizzo supporters as Olague did.

Meanwhile, Breed had a high-profile falling out with Brown, her one-time political ally, after her profanity-laden criticism of Brown appeared in Fog City Journal and then the San Francisco Chronicle, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed. That incident and Olague’s ties to Lee, Brown, and Pak may have solidified perceptions of Breed’s independence among even progressive voters, which the late attacks on her support from landlords weren’t ever able to overcome.

Ironically, while Breed and some of her prominent supporters, including African American ministers in the district, weren’t happy when Lee bypassed her to appoint Olague, that may have been her key to victory. Latterman noted that while Olague was plagued by having to divide loyalties between Lee and her progressive district and make votes on tough issues like reinstating Mirkarimi –- a vote that could hurt the D5 supervisor in either direction -– Breed was free to run her race and reinforce her independence: “I think Supervisor Breed doesn’t win this race; challenger Breed did.”

But even if Breed lives up to progressive fears, the balance of power on the Board of Supervisors could be up in the air. District 7 soundly rejected Mike Garcia, the hand-picked successor of the conservative outgoing Sup. Sean Elsbernd.

At press time, progressive favorite Norman Yee seemed headed for victory, although FX Crowley was within about 30 votes, making this too close to call. But either way, the once-solid conservative seat will now be a swing vote on many issues, just as Breed will be in the once-solid progressive D5.

“The Board of Supervisors as a whole is becoming a helluva lot more interesting,” was how political consultant Alex Clemens put it at SPUR election wrap-up. “Determining what’s going to happen before it happens just got more difficult.”

GOBS OF MONEY

The other big story of this election was money, gobs of it, and how it can be spent effectively — or used to raise suspicions about hidden agendas.

Third-party spending on D1 loser David Lee’s behalf was $454,921, with another $219,039 to oppose Mar, pushing total spending to defeat Mar up over the $1 million mark, roughly doubling the previous record. Labor groups, meanwhile, spent $72,739 attacking Lee and $91,690 backing Mar. But many political analysts felt that lop-sided spending only served to turn off voters and reinforce the idea that powerful interests were trying to buy the seat.

In District 5, the landlords, Realtors, and tech moguls spent $177,556 in support of Breed, while labor spent $15,067 attacking her as a shill for the landlord lobby. The only other D5 candidate to attract significant spending by outside groups was Olague, who had $104,016 spent against her, mostly by the families of Conway and Coates, and $45,708 spent in support of her by SEIU 1021. Yet ultimately, none of these groups bought very much with their money. Conway, Salesforce CEO Marc Benioff, and San Francisco Association of Realtors each spent hundreds of thousands of dollars of their money, and the most obvious result was to convince San Franciscans that they’re working together to move an agenda in San Francisco. They may have the mayor on their side, but in a politically sophisticated city like San Francisco –- with its cost of living being driven up by the schemes of Lee, Conway, and the Realtors -– they seem to have a long way to go before they achieve they’re stated desire of destroying the progressive movement, particularly with its rising new leaders on the left, including Matt Haney and Sandra Fewer on the school board and Steven Ngo and Rafael Mandelman on the City College board. As Haney said on Election Night, “It was a good night for progressive San Francisco,” which stands for important egalitarian values. “We are the ones about equity and compassion. That’s what this city is about.”

D5 race displays key SF political dynamics

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There’s so much to say about the District 5 supervisorial race, whose top five finishers’ parties I attended tonight, gathering interesting perspectives from each candidate. But given the late hour, I’m just going to run a few thoughts and quotes and save most of it for a more in-depth report tomorrow, because there’s a fascinating story to be told here.

Christina Olague, John Rizzo, and Julian Davis – respectively the second through fourth place candidates – each presented as more progressive than the likely winner, London Breed, who has an 8-point lead going into the final ballot tally and ranked choice tabulation. They and their allies raised concerns that renters were undermined by Breed’s victory in one of the city’s most progressive districts.

“It was a lie. I’m a renter, I live in a rent-controlled apartment,” she told us just before midnight outside in party at Nickie’s on Haight. “I will do everything to protect rent control. I will work with the Tenants’ Union. I’m here to be everybody’s supervisor.”

She pledged to work productively with all the progressive groups who opposed her, such at SEIU Local 1021, whose members “ take care of my mom at Laguna Honda,” while others are her friends.

“The pettiness of politics is over and it’s time to move forward,” Breed said.

It was a widely sounded theme among jubilant progressives tonight, but D5’s (likely) runner-up Olague sounded a bit of bitterness when we caught up with her a little after 11pm as she was leaving her party at Rassela’s on Fillmore. “The Left and the Right both came at me,” she told us.

She felt unfairly attacked by progressives after being appointed to the D5 seat by Mayor Ed Lee, saying her only bad vote was in favor of the 8 Washington luxury condo project, which Sup. Eric Mar also backed without losing progressive support. “From the beginning, people were hypercritical of me in ways that might not be completely fair.”

Then, this fall, Mayor Lee’s people – chief of staff Steve Kawa, tech point person Tony Winnicker, and billionaire backer Ron Conway – turned on her after a series of votes culminating in the one to reinstate Sheriff Ross Mirkarimi, resisting what she labeled “a power play” aimed at progressives.

Yet she believes her key vote in favor of CleanPowerSF, coming after her support for Sup. John Avalos getting new revenue out of the business tax reform Prop. E, was really what turned Conway and the downtown crowd against her and attracted outrageous attacks that she condoned domestic violence and supported Big Oil.

“They don’t want to say it, but it was the whole thing around CleanPowerSF. Do you think PG&E wanted to lose its monopoly?” she said. “It’s not about disloyalty, it’s about power.”

Julian Davis was similarly deflective about his campaign’s fourth place finish, despite having a strong presence on the streets today and lots of energy at his crowded campaign party at Club Waziema, after he weathered a loss of prominent progressive endorsements over his handling of sexual misconduct allegations.

“It’s been a challenging few weeks, but I’ve kept my head held high in this campaign,” Davis said, decrying the “self-fulfilling prophecy of the local media” that didn’t focus on the progressive endorsers who stayed with him, such as former D5 Sup. Matt Gonzalez and the SF Tenants Union.

Third place finisher John Rizzo, whose party at Murio’s Trophy Room party reflected his less-than-exuberant campaign, was generally positive about the night, although he expressed some concerns about the agenda of the “people putting up hundreds of thousands of dollars” into this race and the D1 contest, where progressive favorite Eric Mar won a strong victory.

I stopped by Breed’s party twice tonight: at the end, and a little before 10pm, when the results were coming over the television proclaiming that voters in Maryland approved same-sex marriage and Colorado voter legalized marijuana – and the room erupted in cheers – and Oregon voters rejected legalizing weed, drawing big boos.

Breed’s was a liberal crowd, a D5 crowd, and a largely African American crowd. Rev. Arnold Townsend, who is on the Elections Commission and local NAACP board, told me as I left Breed’s party the second time, “It’s a good election for my community. The black community was energized by this.”

New school board member Matt Haney, whose party at Brick & Mortar was my final stop of the night, also likes Breed and said her likely victory was another part of “a good night for progressive San Francisco,” which stands for important egalitarian values. “We are the ones about equity and compassion. That’s what this city is about.”

So-called DV group doing PG&E’s dirty work

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Any pretense that the group called San Francisco Women for for Responsibility and an Accountable Supervisor is anything more than a downtown sham vanished with the arrival in District 5 mailboxes Nov. 3 of a mailer attacking Sup. Christina Olague for supporting public power.

The mailer uses pictures of Olague and Julian Davis — and that alone is a not-so-subtle attack on Olague. Davis has lost all credibility in the race, thanks to a string of allegations that he groped women.

It then goes after the two for “support [ing] a $20 million taxpayer giveaway to Big Oil.” The utterly misleading line is based on Olague’s vote to support Clean Power SF, a community choice aggregation program that has the support of public power advocates all over California.

Olague’s not supporting Shell Oil; she just realized, as did a supermajority of the board (including both left stalwarts David Campos and John Avalos and the far more conservative Scott Wiener) that the program makes sense for San Francisco and will lead in the long term to much greater energy self-reliance. The only ones putting out the Shell Oil line are PG&E and its house union, IBEW Local 1245.

Oh, and now a group that supposedly advocates for domestic violence victims.

This is a disgrace, an embarassment to the district and the city. Ron Conway and Thomas Coates are attacking Olague because they’re afraid she’ll vote against their development and landlord interests, not because they care about domestic violence.

This election matters, a lot. It’s clear where the big-money interests are; I hope D5 residents reject this attempt to buy the election.

 

Paul Addis, playwright and Burning Man arsonist, dies

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UPDATED Paul Addis – the San Francisco playwright and performer best known for igniting Burning Man’s eponymous central symbol early in the 2007 event, a crime for which he served two years in a Nevada prison – died Saturday night after jumping in front of a BART train in Embarcadero station. He was 42.

His friend Amacker Bullwinkle told us she was shocked and saddened by the news, first reported by the SF Appeal and confirmed to us by the San Francisco Medical Examiner’s Office, which contacted Addis’ mother. Bullwinkle said she wasn’t sure if there was a suicide note, but given his prolific writings, “I can’t imagine he wouldn’t want to write something.”

After Addis was released from prison in 2010, he came to the Guardian for a three-hour interview to discuss how and why he torched the Man during a Monday night lunar eclipse, another pair of bizarre arrests that followed, and the San Francisco debut of latest one-man play, Dystopian Veneer, which he wrote in prison. That interview was the basis of two Guardian articles and an extended telling of his story in my book, The Tribes of Burning Man, which also draws from an earlier interview with Addis.

“It’s a brand new life and I’ve got all this potential and I want to make the most out of it,” Addis told me in a hopeful moment. But he was also clearly a troubled soul, deeply unhappy with what Burning Man and San Francisco had become and resentful of the role that Burning Man organizers played in supporting his prosecution.

But his frustrations seemed to stem from a desire shake up the city and Burning Man, an event that was personally transformative for him, “to bring back that level of unpredictable excitement, that verve, that ‘what’s going to happen next?’ feeling, because it had gotten orchestrated and scripted.”

Services for Addis are pending.

UPDATE 11/2: Sup. John Avalos adjourned this week’s Board of Supervisors meeting in the memory of Paul Addis and made the following comments about him:

·        Addis was a San Francisco performance artist and playwright who was best known from 2007’s Burning Man when he lit the Man on fire.
·        Addis wrote and performed several one-man plays, including Dystopian Veneerand Gonzo, A Brutal Chrysalis.
·        After years of struggling with mental health issues, Addis took his own life the past weekend. He was forty-two.
·        Addis’ controversial act was viewed by some as a dangerous act of arson and by others as a subversive protest of how Burning Man had strayed from its core principles.
·        Addis served two years in a Nevada prison for burning the Man.
·        On this day when we’re commemorating Mental Health Awareness month, I think it’s appropriate to recognize the loss of Paul Addis, and recognize how our mental health and criminal justice systems failed him, and how they fail so many others who struggle with mental health issues.

 

Agnos and other progressives rally for Olague

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A string of prominent local progressive leaders today offered their support to Sup. Christina Olague – including former Mayor Art Agnos, who announced his endorsement of her in the District 5 supervisorial race – in a rally on the steps of City Hall.

In the process, many voiced a need to broaden and redefine progressivism as valuing independence and diversity of perspective more than just stands on specific issues, traits they said Olague embodies. But more than anything, the rally seemed aimed to consolidating progressive support around Olague as the best hope to beat moderate London Breed in one of the city’s most progressive districts.

“District 5 is often referred to as the most progressive of San Francisco’s supervisorial districts. It includes a diversity of views and opinions on how to meet the challenges all our communities face,” Agnos said. “And it takes a supervisor who know how to listen, to hear and respect those differing views, while working for a resolution that moves us forward.”

Sup. David Campos made only a veiled, indirect reference to the problems some progressives (himself among them) have had with some of Olague’s stands since she was appointed to the job by Mayor Ed Lee, but he said, “Those of us who have worked with her know what’s in her heart…She has been the independent person we always knew she would be and I’m proud to stand with her today.”

Several speakers made reference to Olague’s working class roots, her perspective as a Latina and member of the LGBT community, and her history of progressive activism in San Francisco. Cleve Jones, Gabriel Haaland, Sandra Fewer, and Sup. Eric Mar were among those there to offer support.

“It was a big give by the Mayor’s Office to appoint someone who wasn’t always going to agree with him,” said Sup. Jane Kim, but that was about the only positive reference to the Mayor’s Office, which turned on Olague after she voted to reinstate Sheriff Ross Mirkarimi, setting the stage for her return to the progressive fold.

“To be a progressive is to share an ideology that understands and believes that the best decisions for our city require the participation of all of us, no matter who we are, where we live, or how big our checkbook is,” Agnos said. “As with so many who have endorsed her, that progressive label says she is a politician who understand this fundamental truth.”

SF Rising board member Alicia Garza kicked off the rally by saying, “We are here to set the record straight that the progressive movement is alive and well in San Francisco.” Later, she praise Olague’s history as a community organizer, saying that, “She understands deeply what it means to empower communities.”

Sup. John Avalos, another supervisor who hasn’t always agreed with Olague in the last nine months and just endorsed last week, commended her for the courage it takes to assert her values instead of simply supporting the mayor who appointed her. He said Olague recognizes that, “We live in a city of extremes, with extreme differences between the haves and have-nots.”

Another new progressive endorsement, coming in the wake of one-time progressive favorite Julian Davis’ troubles, was Quintin Mecke, who said he first worked with Olague on anti-gentrification issues 13 years ago. “I trusted her work then and I trust her work today,” he said. Activist Lisa Feldstein – like Mecke, a former D5 candidate – echoed the sentiment.

“I’m here because I really trust Christina and want to fight for her,” Feldstein said. “She comes from a place of integrity and compassion.”

When Olague finally took the podium, she said, “I am humbled by the heartfelt words of my colleagues.” She also tried to help define progressivism in San Francisco, said that it “isn’t about a cult of personality.”

Instead, she said it’s about working to building people’s capacity to create an inclusive and just city. “It’s about building a movement that can weather any storm,” Olague said, closing by saying she’ll ensure “the progressive voice is always strong in District 5 and I’ll keep working to make it heard until I’m blue in the face…I am the most progressive person in the race.”

D5 shakeups flip the dynamics of that wild race

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[UPDATED AND CORRECTED] Wild and unsettling political dynamics have rocked the District 5 supervisorial race, with three major candidates having prominent endorsements withdrawn, the most significant being this week’s mass exodus of support from the campaign of Julian Davis following his bad handling of allegations that he has mistreated women.

Those withdrawing their endorsements of Davis since Saturday include Sups. John Avalos, David Campos, and Jane Kim, Assembly member Tom Ammiano, the Bay Guardian, the Examiner, and the League of Pissed-Off Voters. The Harvey Milk LGBT Democratic Club has scheduled a vote for Monday on whether to withdraw its sole endorsement of Davis.

Avalos gave his endorsement to Sup. Christina Olague over the weekend, and she seems to be getting more progressive support in the wake of Davis’ flame-out and her Oct. 9 vote in favor of reinstating Sheriff Ross Mirkarimi. That vote triggered a strong backlash against Olague from Mayor Ed Lee and his allies, with San Francisco Police Officers Association withdrawing its endorsement.

But former Mayor Art Agnos reached out to Olague – who he didn’t know previously – after the Mirkarimi vote and is rumored to be considering offering her his endorsement and support. Agnos didn’t confirm or deny the rumor, but he did tell us, “I was very impressed by her commitment to the progressive issues we share.”

Olague has a long history of progressive activism and was a consistently good vote during her tenure on the Planning Commission, but many progressives were concerned by her early support for Lee, who then appointed her to the District 5 seat vacated by Mirkarimi’s election as sheriff, and by some of her votes and behaviors since then.

But now that she’s been viciously attacked by Lee’s staffers and allies over the Mirkarimi vote – and iced out by Lee himself, who she says won’t return her calls and who bailed out on a planned campaign appearance – Olague seems to have a newfound independence. “At the end of the day, we serve constituents and the city, and that’s who we should answer to,” Olague told us, agreeing that she feels freed up by recent developments, as difficult as they’ve been. “You don’t become an indentured servant.”

She told us that her decision last year to co-chair the “Run, Ed, Run” campaign to convince Lee to break his promise and run for a full term to the office he’d been appointed to was based on her belief that “we’d see an infusion of new energy and some more diversity” of both ideology and demographics in the Mayor’s Office.

“Sadly, I’m not seeing those changes happening really. I didn’t sign up for another four years of Gavin Newsom and those thugs, and I’ve seen a lot of that same behavior,” she said. “People who played prominent roles in the Newsom administration continue to play prominent roles in this administration.”

Olague said the schism with the administration began this summer when she supported Avalos in trying to bring in new revenue as part of the business tax reform measure that became Prop. E, which Lee had insisted be revenue neutral before compromising with progressives. That was when Olague said she got her first nasty message from Tony Winnicker, the former Newsom press secretary who now works for Lee and wrote Olague a text during the Mirkarimi hearing telling her “you disgust me and I will work night and day to defeat you.”

Some prominent progressives privately worried that schism was an election ploy designed to help Olague win the race for this progressive district given that Davis had captured most of the influential progressive endorsements. But with Lee and his allies continuing to be openly livid over the Mirkarimi vote – and with solid progressive John Rizzo running a lackluster campaign that has less than $5,000 in the bank – there is growing progressive support for Olague.

The big fear among many progressives is that London Breed will win the race, a concern that has been exacerbated by the support that Breed has been receiving from real estate and development interests, both directly and in independent expenditures by the Association of Realtors, which has spent more than $225,000 in this election cycle hoping to knock out progressives in Districts 1 and 5 and tip the balance of power on the board.

Breed told us that she doesn’t know the Realtors or why they’re offering such strong support, pledging to be an independent vote. “I’ve never made any promises to anyone that I would help anyone or that I would be this way or that,” she told us. “I’m not here to do anyone’s bidding, whether it’s Aaron Peskin or Willie Brown or anyone else.”

Brown helped launch Breed’s political career by [CORRECTED recommending then-Mayor Gavin Newsom] appoint her to the Redevelopment Commission, where Breed supported Lennar and other big developers, but she had a falling out with him earlier this year and made impolitic comments about him to the Fog City Journal, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed.

Brown, Lee, and Chinatown power broker Rose Pak helped raise money for Olague, who has received the maximum $500 donation from such powerful inside players as venture capitalist Ron Conway (and his wife, Gayle), Michael Cohen, Victor Makras, Lawrence Nibbi, Mark Mosher, and John Whitehurst.

But that was before the Mirkarimi vote, which Lee’s allies seem to see as a litmus test on Olague’s loyalty to them. As Tenderloin Housing Clinic director Randy Shaw, who helped engineer the progressive split that brought Lee to power, put it on his Beyond Chron blog, “Olague’s vote was an act of profound disloyalty not only to the mayor who appointed her, but also to those who pushed the mayor to do so.”

Olague says she’s disturbed by that viewpoint, and by those so blinded by their efforts to demonize Mirkarimi “and exploit and politicize issues around domestic violence” that they have failed to consider the price he has already paid for his actions or the legal standards for removing an elected official. “On something like this, it’s not a question of loyalty. It’s about principles,” she said.

Breed says that she has seen an increase in support since the Mirkarimi vote and the Davis meltdown, but she said that she doesn’t want to talk about those cases or exploit them politically. “I don’t take pleasure in the misery of someone else,” she said, adding her hope that the furor about Mirkarimi will die down. “The decision has been made and it’s time for the city to come together.”

Progressive leaders have made similar calls, but Mirkarimi’s critics are showing no signs of letting the issue go. San Francisco Democratic County Central Committee members Zoe Dunning and Matt Dorsey have put forward a resolution condemning the reinstatement vote and calling for Mirkarimi’s ouster, which the DCCC will consider on Wednesday evening, Oct. 24.

[CORRECTED At that meeting, the DCCC will also consider a motion] to reopen the D5 endorsement process, hoping to change the DCCC’s previous “no endorsement” vote, and sources tell us there is currently a strong backroom effort to give the endorsement to Breed. That vote will be a big test for progressives, which lost their majority control over the DCCC in the June elections.

Meanwhile, D5 candidate Thea Selby – who snagged one of the three endorsements by both the Guardian and the Examiner – continues to run a strong and well-funded campaign that has avoided the carnage taking place in the other campaigns. “I feel like I’m in the middle watching out for flying beams,” she told us, adding that both she and Rizzo have been “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

But unlike Rizzo, who has seems strangely absent and didn’t return Guardian phone calls [see UPDATE below], Selby has plenty of money in the bank – nearly $60,000 as of the last official report two weeks ago – and could benefit from voter disgust with the ugly politics at play. “It’s my experience that is driving this,” says this small-businessperson, “and not my lifelong desire to be a politician, and that may ring some bells.”

How the ranked-choice voting system will play out in this mess is anyone’s guess, and even Davis seems to be hoping that he still has a shot, resisting calls by the Guardian and others to withdraw from the race. Poorly funded candidates Andrew Resignato and Hope Johnson this week announced they were joining forces for the “People’s Ticket” after being excluded from a University of San Francisco candidates forum.

But most political observers seem to think this race will come down to a two-person contest between Breed and Olague – who each have more than $45,000 in the bank with which to make a strong final push – and the distinctions between them are becoming clearer as more progressives get behind Olague and the moderates and monied interests get behind Breed.

Olague said she’s still “willing to work with anybody,” but that, “I’m worried that moderate forces will seize this moment to try to destroy us.”

UPDATE 4:45: Rizzo just got back to us and said he’s been actively campaigning and feeling good about his chances. “We have a great team and we’ll have enough resources to reach voters,” Rizzo said. He said that he’s had a stong fundraising push in the last couple weeks since the last campaign financing statement was released, and he noted his endorsements and active support by influential progressives including Ammiano, Campos, and Carole Migden. “We’re doing a lot of retail campaigning, meeting voters and getting the message out.”

Davis should drop out

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EDITORIAL Kay Vasilyeva, a member of the San Francisco Women’s Political Caucus, has come forward with the allegation that District Five candidate Julian Davis grabbed her and put his hand down her pants at a political bar crawl in 2006. That was six years ago, but it’s still important — and more than the incident itself, the response we’ve seen from Davis is highly disturbing. He’s utterly denying that it ever happened, and retained a lawyer to send Vasilyeva a letter threatening her with legal action if she continues to talk.

While we endorsed Davis for supervisor, we take these charges very, very seriously — particularly coming at a time when relations between men and women in the progressive movement are badly strained.

Since the SF Weekly, which broke the story, suggested that we knew something about Davis’s behavior, we need to state, for the record: When we endorsed Davis, we had heard nothing even remotely close to this type of allegation. Yes, we knew that in his 20s he was a bit of an arrogant ass. We knew that at one point, he actually got into a tugging match with another person over the ridiculous question of who got to hold a campaign sign. We’d heard that, in the past, at somewhat debauched parties, he’d made advances toward women who weren’t interested in his affections.

Those could be the acts of an immature man who has since grown up. And since, on a level of policy, knowledge, and positions, he was by far the best and strongest progressive in the race in District 5, we — along with much of the local progressive leadership — thought he was demonstrating enough maturity that he was worthy of our support.

But this new information, and his response to it, is alarming.

We don’t take last-minute allegations about a front-running candidate lightly; people have been known to dump all sorts of charges into heated races. When we learned about Vasilyeva’s allegations on Oct. 13, we did our own research. We spent two hours with Davis and his supporter and advisor, former D5 Supervisor Matt Gonzalez. We realized that allegations without corroboration are just charges, so we tracked down everyone we could find who might know anything about this incident — and, as we discovered, other similar events. And we have to say: Vasilyeva’s account rings true. Davis’s categorical denial does not.

More than that, we were offended that he in effect threatened with a lawsuit a woman who, at some peril to herself, came forward to tell the public information about someone who is running for elected office. What was the point of that, if not to intimidate her? It’s highly unlikely he’s going to sue (and drag this whole mess into court). He says he was just trying to send a message that he has a legal right to respond to defamation, but this is a political campaign; if he didn’t want to deal publicly with what he must have known were these sorts of potential allegations, he shouldn’t have run for office.

This is a bad time for progressives in San Francisco. The Mirkarimi case has brought to the fore some deep and painful rifts; a lot of women feel that (mostly male) progressive leaders have pushed their issues to the side. For the future of the movement and the city, the left has to come together and try to heal. This situation isn’t helping a bit.

Davis needs to face facts: Supervisors John Avalos and David Campos have withdrawn their endorsements. Assembly member Tom Ammiano is almost certain to do the same. With his inability to handle the very credible charge that he not only groped a woman but lied about it, Davis no longer has a viable campaign in the most progressive district in the city, and we can’t continue to support him.

We have said it many times before: People on the left need to be able to put their own ambitions aside sometimes and do what’s right for the cause. Davis can’t win. He’s embarrassing his former allies. He needs to focus on coming to terms with his past and rebuilding his life. And for the good of the progressive movement, he needs to announce that he’s ending his campaign, withdrawing from the race, and urging his supporters to vote for another candidate.

Davis needs to drop out

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EDITORIAL Kay Vasilyeva, a member of the San Francisco Women’s Political Caucus, has come forward with the allegation that District Five candidate Julian Davis grabbed her and put his hand down her pants at a political bar crawl in 2006. That was six years ago, but it’s still important — and more than the incident itself, the response we’ve seen from Davis is highly disturbing. He’s utterly denying that it ever happened, and retained a lawyer to send Vasilyeva a letter threatening her with legal action if she continues to talk.

While we endorsed Davis for supervisor, we take these charges very, very seriously — particularly coming at a time when relations between men and women in the progressive movement are badly strained.

Since the SF Weekly, which broke the story, suggested that we knew something about Davis’s behavior, we need to state, for the record: When we endorsed Davis, we had heard nothing even remotely close to this type of allegation. Yes, we knew that in his 20s he was a bit of an arrogant ass. We knew that at one point, he actually got into a tugging match with another person over the ridiculous question of who got to hold a campaign sign. We’d heard that, in the past, at somewhat debauched parties, he’d made advances toward women who weren’t interested in his affections.

Those could be the acts of an immature man who has since grown up. And since, on a level of policy, knowledge, and positions, he was by far the best and strongest progressive in the race in District 5, we — along with much of the local progressive leadership — thought he was demonstrating enough maturity that he was worthy of our support.

But this new information, and his response to it, is alarming.

We don’t take last-minute allegations about a front-running candidate lightly; people have been known to dump all sorts of charges into heated races. When we learned about Vasilyeva’s allegations on Oct. 13, we did our own research. We spent two hours with Davis and his supporter and advisor, former D5 Supervisor Matt Gonzalez. We realized that allegations without corroboration are just charges, so we tracked down everyone we could find who might know anything about this incident — and, as we discovered, other similar events. And we have to say: Vasilyeva’s account rings true. Davis’s categorical denial does not.

More than that, we were offended that he in effect threatened with a lawsuit a woman who, at some peril to herself, came forward to tell the public information about someone who is running for elected office. What was the point of that, if not to intimidate her? It’s highly unlikely he’s going to sue (and drag this whole mess into court). He says he was just trying to send a message that he has a legal right to respond to defamation, but this is a political campaign; if he didn’t want to deal publicly with what he must have known were these sorts of potential allegations, he shouldn’t have run for office.

This is a bad time for progressives in San Francisco. The Mirkarimi case has brought to the fore some deep and painful rifts; a lot of women feel that (mostly male) progressive leaders have pushed their issues to the side. For the future of the movement and the city, the left has to come together and try to heal. This situation isn’t helping a bit.

Davis needs to face facts: Supervisors John Avalos and David Campos have withdrawn their endorsements. Assembly member Tom Ammiano is almost certain to do the same. With his inability to handle the very credible charge that he not only groped a woman but lied about it, Davis no longer has a viable campaign in the most progressive district in the city, and we can’t continue to support him.

We have said it many times before: People on the left need to be able to put their own ambitions aside sometimes and do what’s right for the cause. Davis can’t win. He’s embarrassing his former allies. He needs to focus on coming to terms with his past and rebuilding his life. And for the good of the progressive movement, he needs to announce that he’s ending his campaign, withdrawing from the race, and urging his supporters to vote for another candidate.

Avalos, Campos, Kim, Olague: Four profiles of courage at City Hall

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Supervisors John Avalos, David Campos, Jane Kim, and Christina Olague earned profiles of courage for their votes to reinstate suspended Sheriff Ross Mirkarimi up against enormous pressure for a political assassination, accelerated by Mayor Lee’s demand for a pre-election vote.

And the other seven supervisors, well, they helped answer the question, who’s afraid of Willie Brown? Who’s afraid of Rose Pak?

Note to Mirkarimi: It’s time to repair the damage and get back to work implementing the ambitious program of rehabilitation outlined in your splendid inaugural address as Sheriff.

Unsolicited advice to mayor Ed Lee: Stop taking bad advice.

See my “Profiles of courage” blog for the context of this crucial vote.

Mirkarimi case — the aftermath

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So many things to think about after last night’s Board of Supervisors vote on Ross Mirkarimi. It was a dramatic moment in local politics, a clear rejection of the mayor by four supes, including one of his appointees, a show of political courage by some and weakness by others.

But before I get into that, let me say:

I argued against removing Mirkarimi, for a lot of reasons. One of the most important is the precedent here — the City Charter gives the mayor too much power, the ability to singlehandedly remove an elected official for what the city attorney’s office concluded was pretty much any reason at all. There is no definition of “official misconduct” — and the way this case was presented, it could be interpreted really broadly. That’s dangerous, and the supervisors (or four of them, anyway) knew it.

I’m also a believe in restorative justice, in redemption, in the idea that people can do bad things and turn themselves and their lives around.

Still, it’s important to remember that what Mirkarimi did on New Year’s Eve, 2011, was awful, unacceptable. He was, at the very least, a total asshole and a jerk, treating his wife in a way that was — again, at the very least — psychologically abusive. Some of the comments at the board meeting were way off base; some speakers attacked the domestic violence community and made it sound as if Mirkairmi’s crime was pretty minimal.

I agree with David Chiu that the city’s going to have to come together after this — and the progressives who supported Mirkarimi are going to have to reach out to, and work with, the DV advocates. Because domestic violence is no joke, is no “private matter,” is still a major, serious issue in this city, and the worst possible outcome would be a reversal in San Francisco’s progressive policy on handling these cases.

I wish the audience hadn’t erupted in cheers when the final votes were cast. I heard Mirkarimi on Forum this morning, and when Michael Krasny asked if he was “elated,” he indicated that he was. Wrong answer: Nobody should be happy about what happened here. Mirkarimi’s biggest political and personal flaw has always been his ego, which at times bordered on arrogance, and that has to end, today. The sheriff needs to be humble about what happened to him, recognize that nobody “won” this ugly chapter in city history, and get back to work trying to mend fences with his critics. He’s facing the very real possibility of a recall election, and if he acts like he’s been totally vindicated, it’s going to happen.

This is a chance for Mirkarimi to take the notion of restoration and redemption seriously — by doing what Sup. John Avalos suggested at the hearing. He has to become a changed man. He has to show the world that he really, really gets it. Starting now.

Speaking of change …. the Number One Profile in Courage Award goes to Sup. Christina Olague. Olague was under immense pressure from the mayor, who wanted her vote badly. And because of the rotation of the votes, she had to go early, when it wasn’t clear at all which way this was going to turn out. And she came through, 100 percent solid. She made all the right points, and once she said she was going to vote against the mayor’s charges, the whole thing was over. At that point, there was no way David Campos or John Avalos could or would go the other way, so Mirkarimi had his three votes. I have been critical of Olague, but in this case, I want to give full credit: She did the right thing, when it wasn’t easy. She may have just won the election. (Let me clarify that — she may have kept herself from losing the election.)

Sup. Jane Kim was brilliant in her questioning of the mayor’s representatives and her analysis of the case. She showed real leadership and helped set the stage for what happened by pointing out the flaws in the mayor’s case.

And of course, Campos and Avalos, the undeniable, solid left flank of the board, came through.

It wasn’t easy for any of these four supervisors, and they all deserve immense credit.

Not so Eric mar, who I realize is in a tough race, but … when Olague, who has been accused of being too close to the mayor, had the courage to stand up, Mar, who has nearly universal progressive support, did not.

This is a great opportunity for the city to start talking about restorative justice in a serious way. Let’s get started.

 

 

Supervisors reinstate Mirkarimi, rejecting Lee’s interpretation of official misconduct

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The Board of Supervisors has voted to reinstate Sheriff Ross Mirkarimi and reject the official misconduct charges that Mayor Ed Lee brought against Mirkarimi for grabbing and bruising his wife’s arm during a New Year’s Eve argument, for now ending an ugly saga that has polarized San Franciscans.

The vote was 7-4, two votes shy of the nine needed to sustain the charges and remove Mirkarimi, who now resumes the position voters elected him to in November with back pay going back to March when Lee suspended him. Sups. Christina Olague, David Campos, John Avalos, and Jane Kim voted in Mirkarimi’s favor, condemning the domestic violence incident but saying that it didn’t meet what is and should be a high and clear standard for overruling the will of voters, a concern also voiced by Sup. Mark Farrell. 

“I do take this job seriously, that we are public policy makers,” said Kim, a lawyer who emphasized their duty to set clear standards for officials during these unprecedented proceedings rather than being swayed by emotional responses to conduct by Mirkarimi that she called “incredibly egregious.”

But for most of the supervisors, that was enough. Sup. Eric Mar, who is in the middle of difficult reelection campaign against the more conservative and well-financed David Lee, said he thought is was important to have “zero tolerance” for domestic violence and his vote was “in the service of justice and a belief it will combat domestic violence.”

Earlier in the hearing, Kim had led the questioning of Deputy City Attorney Sherri Kaiser, whose broad interpretation of official misconduct standards and inability to set clear guidelines troubled Kim, just as it had earlier to Ethics Commission Chair Benedict Hur, the sole vote on that body against removal after it conducted six months worth of hearings.

“I agree with Chairman Hur, I think we need to take the most narrow view of official misconduct,” Kim said, echoing a point that had also been made by Campos, who quoted Hur’s comment from the Aug. 16 hearing where the commission voted 4-1 to recommend removal: “I have a lot of concern about where you draw the line if you don’t relate this to official duties.”

Farrell also shared that concern, which he raised in questioning Kaiser and during the final board deliberations almost seven grueling hours later. 

“I worry a great deal about the potential for abuse in this charter section,” Farrell said, warning this and future mayors to use great caution and restraint before bringing official misconduct charges. Yet he still found that the “totality of the circumstances” warranted removal because Mirkarimi had compromised his ability to be the top law enforcement officer.

Each supervisor expressed what a difficult and joyless decision this was, and even those who supported Mirkarimi strongly condemned his actions and the efforts by some of his supporters to minimize the seriousness of his actions and the need for him to change.

“I have tremendous mixed feelings about Ross Mirkarimi,” Avalos said, noting his many proud progressive accomplishments but adding, “I’ve always seen Ross as someone who has deep flaws….[This saga] offers a chance for personal transformation and I think that’s something Ross really needs to do.”

Mirkarimi seems humbled by the hearing, and the stinging criticism of his former colleagues and his one-time allies in the domestic violence community, and he pledged to work on “regaining their trust” as he tries to embody the city’s long-held value on redemption.

“I appreciate all the comments of by the Board of Supervisors and I hear the message. The next step is mending fences and moving forward,” Mirkarimi said. Later, he told reporters, “We’re absorbing all the comments that were made by the Board of Supervisors. They are my former colleagues and I take it very seriously.”

That need to heal the deep and emotional divide between San Franciscans who see this case in starkly different ways – which was on vivid display during the hours of public testimony – was sounded by several supervisors. “We will need to come together as a city on this,” Board President David Chiu said.

Most of those who spoke during the nearly four hours in public comments favored Mirkarimi and condemned the efforts to remove him as politically motivated, overly judgmental, and setting a dangerous precedent rather than resorting to usual method for removing politicians after a scandal: recall elections.

“If anything happens to the man, it should come back to me to make that decision. Don’t do their dirty work for them,” one commenter said.

The most politically significant person to speak during public comment was former Mayor Art Agnos, who said he was a friend and supporter of Mirkarimi, but he was more concerned with the scary implications of this decision. “I respectfully urge that this Board protect all elected officials from the dangerous discretion used in this case and reinstate Sheriff Ross Mirkarimi.”

Most of those who spoke against Mirkarimi were domestic violence advocates, who were adamant that Mirkarimi be removed, casting it as a litmus test for whether the city takes their issue seriously. “This is a disciplinary proceeding, it is not election stealing,” said Beverly Upton, head of the Domestic Violence Consortium, who has lead the campaign to oust Mirkarimi since the incident was made public.

But the two sides seemed to be speaking past one another, each expressing righteous indignation that people didn’t see the issue like they did, indicating how polarizing these long-lingering proceedings have become and how difficult to heal that rift may be.

“It made my stomach turn to hear some of the comments that were made,” Sup. Carmen Chu said, condemning the actions of Mirkarimi supporters in vocally or visibly supporting one another. “That was wrong, this is not a joyous event.”

Yet Farrell said he was also concerned that Mirkarimi’s opponents would go after supervisors who made a principled stand against removing him. “I hope no one takes pot shots at the people who voted against this,” he said.

That principled stand – condemning Mirkarimi’s behavior but having a high standard for removing an elected official – was a trail blazed by Hur, who opened the hearing by presenting the Ethics Commission’s findings and a decision that he was the sole vote against. He noted the “challenge of my presentation” but made careful efforts to accurately represent the views of the commission majority.

Yet he ended up using almost half of his time at the podium — his allotted 10 minutes plus a few extra minutes to respond to questions from supervisors — to stress the danger of broadly interpreting the city’s official misconduct language and not requiring direct connection to an official’s duties.

“Public policy suggests we should interpret this more narrowly than proposed by the majority,” Hur said, later adding that his colleagues on the commission “did not provide a clear basis for how official misconduct is delineated.”

When Sup. Malia Cohen asked what he meant by the “public policy” interest at stake here, he replied, “The need to have policies that are clear…It does benefit the public when the laws are clear.” (Cohen later voted to remove Mirkarimi, stating with little explanation, “I believe the reading of the charter is narrow and appropriately applied in this case.”)

The issue of what qualifies as official misconduct — and whether there is a predictable way for officials to know where that line is drawn, or whether it’s entirely up to the discretion of mayors — was also highlighted by Kaiser’s long presentation, but probably not in the way she intended.

Kaiser appealed to people’s sense of outrage about the initial arm-grab and subsequent guilty plea — claiming Mirkarimi “attacked his wife” and “this conduct was serious!” — and seemed to think that was an adequate test of whether bad behavior by an elected official warrants his unilateral removal from office.

Kaiser took issue with Hur’s contention that a lack of clear, limiting standards gives too much power to future mayors to remove their political enemies for minor incidents.

“The mayor certainly does not agree with Hur’s argument for a bright line rule,” Kaiser said. She mocked the notion that mayors would abuse this expanded power. “The check on that is the Ethics Commission, and the check on that is this body.” Kaiser’s position was that the statute should be read as broadly as possible and that the process should be trusted to protect against political manipulations.

But Chiu also took issue with that standard, saying “having clarity in the law seems to make sense” and asking Kaiser how officials can know what standards they’re expected to meet.

“I don’t agree and I didn’t mean to convey the standard is murky,” Kaiser replied, but as she tried to elaborate, her standard began to seem ever murkier.

“It depends on the circumstance,” Kaiser said. “But that doesn’t make it too vague to apply. It makes it more nimble.”

A nimble standard might suit mayors just fine, but the idea seemed to bother the supervisors, even Farrell, who told Kaiser that her position “seems to me very contradictory.”

At the end of the hearing, Campos returned to Kaiser’s “nimble” comment as a reason for rejecting that argument and Lee’s charges: “I don’t think the analysis made me comfort. She said the interpretation was nimble, but I don’t know the difference between nimble and vague, and I think they are one in the same.”

“Most cases will be clear, but there are decisions on the periphery,” Kaiser told Farrell during the earlier questioning, not making it clear which category she’d put the Mirkarimi case into.

Kim was the next to try to pin Kaiser down on whether there’s a discernible standard for the city to apply to this and future cases, saying she’d like to see a “bright line rule or a test.” Kaiser said that it depends on the office, but that a law enforcement officer shouldn’t commit a crime.

“Then any misdemeanor the sheriff pleads to is official misconduct, is that right?” Kim asked.

No, she said, the conduct must be while someone is in office — seemingly contradicting her earlier point – and found to be so by the board and commission. But then she said, “It is true that any misdemeanor relates to the duties of a sheriff.”

Kim persisted: “This is where I get stuck. When does it fall below the standard of decency?”

“The charter doesn’t answer that question. It’s a case-by-case determination,” Kaiser said.

“What’s to guide us in the future?” Kim asked.

But again, there was no clear answer, it’s simply for mayors to decide. “It is a discretionary decision,” Kaiser said.

Kim, a lawyer, questioned whether the stance by Kaiser and Lee could lead the courts to strike down the city’s untested statute. “Does that open us up to the vagueness issue, which would make the clause unconstitutional?” Kim asked.

But Kaiser said San Francisco voters wanted to give the mayor wide power to interpret misconduct when they approved the broad new official misconduct language in 1995, part of a complete overhaul of the City Charter.

“Voters made a considered choice to put suspend and remove procedures in the charter,” she said, trying to counter the argument that recall elections should be used to remove elected officials. “These suspension and removal procedure is more nimble. It’s less expensive than a recall.”

Yet with a final price tag expected to be in the millions of dollars and proceedings lasting seven months, it’s debatable whether this process was really cheaper and more nimble.

Mirkarimi attorney David Waggoner began his presentation by saying, “There’s no question that on Dec. 31, 2011, Ross Mirkarimi made a terrible mistake.”

But it was a mistake that Mirkarimi admitted to, accepted the criminal punishment that followed his guilty plea, endured a forced six-month separation from his family, had his job and salary taken from him, was the target of a media and political campaigns that have deeply damaged his reputation, “his entire life’s work was destroyed almost in an instant.” All for pleading to a low-level misdemeanor.

“At the end of the day, the punishment does not fit the crime,” Waggoner said.

He noted that just three elected officials have been removed for official misconduct in the city’s history, each time for serious felonies. But now, it’s being applied to a misdemeanor with arguments that broaden a mayor’s ability to remove political adversaries.

“You must decide whether to uphold or overturn the will of the voters,” Waggoner told the supervisors.

He even took a swipe at the domestic violence advocates who have led the campaign to remove Mirkarimi: “Ironically, the very advocates who should be defending Eliana Lopez have been attacking her.”

Taking over from Waggoner, Mirkarimi’s other attorney, Shepard Kopp, said Mirkarimi had no official duties before taking the oath of office, and the charter makes clear there needs to be connection. “It says misconduct has to occur while an official is in office.”

Kopp also brought the focus back to the precedent in this historic case. “The other problem with the mayor’s position is it doesn’t give you any guidance or future mayors any guidance,” Kopp said, later adding, “To follow the mayor’s position is not workable policy and it doesn’t have any support under the law.”

Supervisors questioned Kopp and Waggoner, but it didn’t seem to reveal any new insights, simply reinforcing their points that official misconduct should be a rarely used tool applied only to serious crimes.

In her final five-minute final rebuttal, rather than letting her co-counsel Peter Keith speak or trying to mitigate some of the damage from her earlier testimony, Kaiser seemed to double-down on her tactic of using emotional arguments rather than addressing legal standards for removal.

She alleged Mirkarimi’s team offered “a theory that domestic violence doesn’t matter if you’re sheriff,” prompting an audible negative reaction from the crowd that Chiu gaveled down. That reaction was even louder and more outraged when Kaiser implied Mirkarimi “threatens the life of a family member.”

Those sorts of characterizations fed much of the crowd’s stated belief that this case was a “political witchhunt” designed to destroy a progressive leader, and the opposition expressed to some domestic violence advocates testimony could be used against the larger progressive community.

But Agnos, who sat in the audience throughout the long hearing, told us the frustration was understandable. “The crowd, after nine months of agony, expressed a lot of emotions, and that is inherent in mass crowds,” he said. “They didn’t mean ill will to the domestic violence community. There was no malevolent intent there.”

Supervisors who voted to reinstate Mirkarimi said they want to make clear their commitment to combating domestic violence. “I worry that this case has set us back because of the tensions around how we responded,” Avalos said.

“I think it’s important that no matter how we feel about this that we come together as a city,” Campos said. “People on both sides have legitimate viewpoints on this issue.”

Credit to the supervisors. Seriously.

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Politicians get a lot of shit, and they generally deserve it. But I have to say: After listening to almost all of the debate over the removal of Ross Mirkarimi — and watching the 4-7 vote to keep him in office — I was impressed by the supervisors who got it right, took it seriously and provided thoughful and credible debate.

Profiles in Courage Awards to John Avalos, David Campos, Jane Kim and Christina Olague. I haven’t always agreed with all of them, and Randy Shaw said that Olague would never vote with Mirkarimi because his supporters were dissing her, but she stood up to immense pressure and did the right thing. Jane Kim was very lawyerly, but came to the right conclusion. Avalos and Campos were articulate and pointed out the problems with giving the mayor this much power.

David Chiu was a disappointment, Eric Mar even more so. I expected more of both of them. But Chiu handled a tough meeting very well, giving all sides a chance and showing immense patience. Credit for running the show well, even if he voted the wrong way.

But overall, an intelligent discussion with the right outcome. More tomorrow.

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.