Leland Yee

Democrats reject 8 Washington

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The San Francisco Democratic Party has voted to oppose the 8 Washington project and to endorse the ballot measure that would halt it.

By a 15-4 margin, the Democratic County Central Commitee, which makes policy for the local party, endorsed a No vote on the fall referendum that would negate the height limit increase developer Simon Snellgrove says he needs to build the ultra-luxury condos. The units would be the most expensive in San Francisco history.

The supervisors approved the height limit last fall. The referendum puts the issue directly before the voters, and foes of the project need a “no” vote to reject it.

“This was a huge victory,” Jon Golinger, who is running the campaign against the condos, told me. “The Democratic Party is a huge endorsement in San Francisco.”

That’s particularly true in a low-turnout election — and since there aren’t any high-profile races on this November’s ballot, I would guess only the most serious voters will make it to the polls.

The Sierra Club — another group that carries a lot of clout — has already come out against the project.

Snellgrove’s forces first tried to delay the vote until late summer, arguing that the committee needed more time to get all the facts. But Sup. David Chiu, a DCCC member, noted that this project has been discussed and analyzed and fought over for so long already that there’s nothing new anyone could possibly learn by delaying.

The motion to delay failed. Only Bevan Dufty, Sup. Scott Wiener, Sup. Malia Cohen and Kat Anderson voted in favor of the project. Voting against were Bill Fazio, Trevor McNeil, Kelly Dwyer, Leah Pimentel, Hene Kelly, Alix Rosenthal, Carole Migden, Rafael Mandelman, Matt Dorsey, Petra DeJesus, Assemblymember Tom Ammiano, State Senator Leland Yee, Chiu, Sup. David Campos, and Sup. John Avalos.

 

Hospital union targets UC executive pensions [VIDEO]

An update to this story has been posted below.

An ongoing labor rift is intensifying between frontline University of California hospital employees and the UC medical center system. UC administrators have minimized employees’ stated concerns about eroding patient care due to staffing rollbacks, saying the real issue at the heart of the dispute is AFSCME’s “refusal to agree to UC’s pension reforms.”

But now the union is striking a different note on pension reform, most recently taking aim at UC executive pensions – or what AFSCME 3299 spokesperson Todd Stenhouse glibly refers to as the “golden handshake protection program.”

AFSCME 3299 represents 13,000 UC patient care and technical workers. The union is expected to announce the outcome of a strike authorization vote, stemming from a contract negotiation that has been at an impasse for months, any day now.

Meanwhile, the hospital workers’ union issued a statement on May 3 pointing out that top-ranking UC executives, particularly longtime administrators whose robust retirement benefits were grandfathered in from a more bountiful era, stand to receive pension payouts that dramatically exceed the reduced retirement benefits most public employees can now expect.

“Our point is simply this,” Stenhouse explains. “How can you even pretend to have pension reform when you’re not capping executives’?”

UC spokesperson Steve Montiel noted that UC restructured its pension program several years ago. He justified the higher payouts, saying, “That’s something we see as being necessary to attract the best people at all levels, and to compete with others for the very best people.”

This past January, sweeping pension reform legislation took effect after winning bipartisan support in Sacramento. The new limits cap pensionable salary levels at $110,000 for public employees who earn Social Security, and $130,000 for those who don’t.

Yet the leaner retirement regime does not apply to employees in the UC system, which operates under a separate pension structure. Under the UC framework, pensionable salary levels are capped at $250,000, or $375,000 for employees hired prior to 1994.

“The cap on compensation for the governor of California is $110,000,” Stenhouse points out. “They say they want pension reform. Well, we want real pension reform.”

AFSCME is targeting Mark Laret, CEO of UCSF Medical Center, in particular. Since he was hired early enough to benefit from the higher pensionable salary cap, the hospital director, whose total annual compensation exceeds $1 million, is expected to earn more than $309,000 per year in retirement benefits.

In 2010, Laret joined 35 other UC executives in threatening to sue the Board of Regents if pension caps, mandated by the Internal Revenue Service, were not lifted. The IRS had offered to grant an exemption to the UC system but Regents ultimately determined that the caps should remain in place, despite executives’ objections.

In this clip, AFSCME 3299 President Kathryn Lybarger and Pathology/Lab Technician Margaret Mann confront Laret during his onstage address at the UC Health Center for Health Quality and Innovation’s Spring Colloquium, held at Oakland Marriott City Center on May 3. Video courtesy AFSCME.

Had they succeeded in lifting the caps, Laret could have received more than twice as much in annual retirement benefits, according to AFSCME estimates. (The medical center CEO recently co-authored an Op Ed in the San Francisco Examiner admonishing AFSCME for resisting “modest reforms” on pension contributions proposed by hospital management.)

Montiel emphasized to the Bay Guardian that contract bargaining negotiations are the central issue, noting that executive pensions haven’t figured into that discussion. “They haven’t raised this at the bargaining table,” he said. “If they wanted to propose caps on pensions for their units, we would look at that, but what they’re talking about is beyond what’s being bargained right now.” A key issue, he added, is a proposal for employees to contribute 6.5 percent toward retirement savings, up from 5 percent.

AFSCME has estimated that the UC system could save $35 million annually if executives were held to the $110,000 pensionable salary cap now in effect for a majority of state, county and municipal employees.

“I haven’t looked at the math on that,” Montiel said when asked about this potential source of savings. “The medical centers are supported by medical center revenue, so there’s really no state funding that is going into salaries there. … There are lots of savings that could be made. These are all things that have been taken into consideration for years as compensation levels have been set and so forth, but this is not part of the negotiations with AFSCME.”

Sen. Leland Yee has introduced legislation, SB 8, to prohibit pay increases for top UC administrators within two years of a tuition hike or when budget allocations are not increased. According to a fact sheet prepared by Yee’s office, the bill is meant to address a trend where “the UC and the CSU systems have historically hiked executives’ pay while raising student fees and have given new administrators more than double digit pay hikes.” The legislation is working its way through the approval process, currently in committee.

On this latest debate, Yee sided with the union. “I don’t see why, when state workers are in a pinch and tuitions are at record highs, UC executives should be pulling down $300,000 a year on their pensions,” he said. “This shows yet again the profoundly backwards priorities in the UC system.”

UPDATE: We just got word that AFSCME 3299 members voted to authorize a strike with 97 percent support. The union can lawfully call a strike any day now, but dates and duration of a strike have not been finalized.

Care clash

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The first week in April was a rough time for Connie Salguero. The Filipina nursing assistant, who says she would’ve been eligible to retire in two years, reported to her shift at the University of California San Francisco medical center at Mt. Zion on April 1 — and was told she was laid off. Two days after that, she was forced out of her home through an eviction, but fortuitously met an elderly Filipina woman who said Salguero could stay with her until she gets back on her feet.

“This manager said to me, Connie, come here, let’s talk,” and delivered the bad news, Salgeuro recounted, getting a little misty-eyed. Two other Filipina hospital assistants in her unit met with the same fate that day, she said.

“I’m trying to find a job,” Salguero said. “It’s very hard. But I will survive.” She projected a sense of resolve despite the whirlwind of sudden stress, which seemed fitting for someone whose job entailed feeding, bathing, and assisting up to ten bedridden patients at a time, many of them suffering from cancer.

Salguero said management told her the layoffs were necessary because of the most recent wave of federal budget cuts. But Cristal Java, lead organizer for UC patient care technical workers’ union, AFSCME 3299, interjected during an interview with the Bay Guardian to refute that explanation, calling it “total crap. They don’t want to tell workers the truth,” Java said, “which is that the hospitals are extremely profitable.”

UCSF ELIMINATES 300 POSITIONS

Salguero is one of about 25 UCSF certified nursing assistants whose recent layoffs prompted AFSCME to register a formal complaint with the Public Employee Relations Board, an agency that mediates labor disputes. The CNA layoffs hit in March and early April as part of a raft of cutbacks that eliminated a total of 300 full-time equivalent positions. Some of those positions were unfilled while other staffers were reassigned elsewhere or had their hours cut; a total of 75 individuals were laid off.

The cuts prompted union representatives to organize a protest at UCSF’s Parnassus Campus April 4, with San Francisco Sup. John Avalos and California Sen. Leland Yee turning out in support of the workers. Salguero was there too, waving a sign, and she wound up telling her story for an international broadcast by a Filipino news station. Things took a dramatic turn when police arrived on the scene, and Union President Kathryn Lybarger and some others were escorted off the premises in handcuffs.

Asked to explain the rationale behind the layoffs, UCSF spokesperson Karin Rush-Monroe responded, “We evaluated the impact of the Affordable Care Act, expected reductions in Medicare, MediCal and private insurance reimbursements,” as well as employee benefits and rising costs in drugs and medical supplies, and ultimately decided on a 4 percent labor budget cut. “We must make a ‘course correction’ if we are to maintain our resources to care for our patients,” Rush-Monroe said.

But the staffing cuts hit just weeks after AFSCME published a blistering report, titled “A Question of Priorities,” charging that UC has prioritized profit margins at its medical centers since 2009 while needlessly eliminating frontline staff positions, all to the detriment of patient care.

“It feels very much like they’re chasing down the Wall Street model of business,” Randall Johnson, an MRI technologist at UCSF Parnassus Campus who is active with Local 3299, told the Guardian. “We’re pressed to move faster and faster and faster. It’s more about profit than it is about patient care.”

Steve Montiel, spokesperson for UC Office of the President, told us that UCSF is “consistently ranked as one of the top hospitals in the country by U.S. News and World Report,” and pointed out that the AFSCME report coincided with an ongoing contract dispute concerning patient care technical workers, which may lead to a strike authorization in the next few weeks.

DANGEROUSLY LOW STAFFING LEVELS?

Billed as a “whistleblower report,” AFSCME’s 40-page publication portrays an internal environment throughout UC medical centers in which staffers — particularly frontline workers — are exhausted, overburdened, and dangerously likely to make mistakes.

Peppered with anecdotal horror stories describing things like dried blood observed on operating room tables at facilities where custodial staffing was cut to a bare minimum, or an incident in which a mentally altered patient was found on a window sill at a medical facility where harrowed nursing assistants’ attention was divided too many ways, the report portrays an unsafe environment that seems out of sync with the system’s reportedly healthy earnings derived from patient care.

“Bring it up at bargaining, and you get told to kick rocks,” said union spokesperson Todd Stenhouse. AFSCME has called upon state agencies and lawmakers to investigate UC policies on “cutting costs, reducing staff, and maximizing revenue.”

“We’ve been getting lots of reports about short staffing, and no coverage for breaks,” said Tim Thrush, a diagnostic sonographer who works with patients experiencing complications in pregnancy, and has worked at UCSF for years. “If you get a break or a lunch, it seems to be rare — even though it’s state law.” Thrush added. “It looks to us … that UC’s response to us raising concerns … is to say, OK well then let’s make it worse. Let’s lay off a whole bunch of people.

“It’s been very disappointing,” he said, “and it’s getting to be kind of scary.”

The report emphasizes California Department of Public Health findings of violations relating to bedsores from 2008 to 2012. The sores can occur if a patient stays in one position for too long, causing reduced blood flow and damage to skin tissue, and have been linked to infection.

Among those affected by the layoffs were “lift and turn team” members, including care workers tasked with turning immobilized patients to prevent bedsores.

Ironically, Rush-Monroe, the UCSF spokesperson, noted in response to a Guardian query that a $300,000 “incentive pay” bonus CEO Mark Laret received in 2011 was based on multiple “clinical improvement goals” that had to be satisfied in order to qualify for the 2011 compensation increase. One of these targets was a reduction in the number of hospital-acquired bedsores.

While the union report points to rising instances of bedsores, and the UCSF administration claims they were reduced to the extent that the CEO was monetarily rewarded for the accomplishment, a quick look at scores on hospital ranking website California Hospital Compare showed that pressure sore rankings at UCSF are almost exactly even with the statewide average.

Meanwhile, hospital rankings of patient safety indicators on Health Grades, an online consumer ranking website, didn’t reflect any dramatic differences between patient safety scores at UCSF, CPMC or Kaiser Permanente.

QUESTIONS RAISED

In the midst of these staffing cuts, AFSCME charges, the $6.9 billion system has enjoyed robust finances, with UCSF earning $100 million in net revenue last year. Between 2009 to 2012, management positions increased by 38 percent system-wide, while payroll costs for managers grew by 50 percent, with an additional $100 million a year allocated to administrative staffing.

According to a 2013-14 budgetary report prepared at the UC level, the system’s network of public universities have suffered deep financial cuts while its five medical centers “have continued to flourish and grow,” and “enjoy robust earnings.”

A revenue breakdown in the UC budget report shows that 62 percent of medical center earnings system-wide were derived from private health care plan reimbursements, while about a third came from Medicare and MediCal, funded by the federal and state government.

Meanwhile, ASCFME’s report has raised eyebrows in the California Senate. Sen. Ed Hernandez, who represents part of Los Angeles County and chairs the Senate Health Committee, “has expressed an interest in looking at it further,” according to committee consultant Vincent Marchand. “We may decide to call a hearing” sometime in May to see if further action is warranted, he added.

Sen. Yee lambasted the UC system for what he called “blatant disregard for the working staff.” Yee said the layoffs raised concerns about the quality of patient care, saying, “How do you lay off 300 individuals and think that it’s not going to compromise patient care?”

Yee added that he thought the UC budget ought to be scrutinized when it goes before the Senate. “Although the Constitution gives the UCs of California tremendous autonomy via the Board of Regents, ultimately we in the Legislature still allocate dollars … so there is a legislative and moral responsibility that we need to exercise,” he said. “Are the dollars within UC being used appropriately to take care of patients and in ensuring their safety?”

CONSTRUCTION, COMPENSATION AND VIPS

In early 2015, UCSF will open its new Mission Bay complex, a 289-bed facility featuring a children’s hospital with an urgent/emergency care unit and an adult care unit for cancer patients. The estimated price tag for the project is about $1.5 billion, and construction costs associated the project were referenced in an Oct. 12 letter Laret, UCSF’s CEO, issued to hospital staff announcing the pending staffing cuts.

Thrush questions decisions made at the highest administrative levels. Laret is “eliminating 300 jobs, and we’re opening a new facility, and he’s getting a $300,000 bonus,” he said, referring to a “retention bonus” expected to be awarded this year, which could be followed by a $400,000 bonus in 2014. “Why is he getting a huge bonus if we’re having to lay off so much staff?”

With a total compensation of around $1.2 million in 2011, Laret’s salary seems excessive in comparison with that of frontline workers — and it is. At the same time, it seems to be within the realm of a CEO of a major medical facility, a quick Internet search reveals.

ACSFME’s report targets Laret specifically, saying he repeatedly emphasized to hospital staff, “When you see patients, you should see dollar signs.” Johnson, the MRI technician, told the Guardian he heard Laret make this statement years ago, when he first came on as CEO. “I know that some physicians were outraged by it,” he said. “I heard that the physicians told him to stop, and he stopped saying it.” UCSF did not respond to Guardian requests for a comment on this allegation.

The report also focuses on a practice of so-called “VIPs” — patients connected with the UC Regents or other influential persons — receiving preferential care. “I got called in on a Sunday to take care of a celebrity, because they had a headache,” said Johnson. “I’ve seen patients have to be on hold so we can scan the [VIPs]. They definitely get preference. I’ve been told, if one of those VIPs comes in, we have to get them on the scanner.” UCSF didn’t respond to Guardian questions concerning VIP patient treatment, either.

LABOR DISPUTE

Montiel, the media relations director for the UC system, responded to a Guardian query with a wholesale rejection of the detailed 40-page report, without directly addressing any of the allegations. Instead, he said the whole controversy arose from a labor rift over pension reform.

“These claims by AFSCME coincide with a bargaining impasse, and the scheduling of a strike vote by its patient care technical workers,” Montiel wrote in an email. “Quality of care is not the issue. The real issue is pension reform. AFSCME has resisted pension reforms that eight unions representing 14 other UC bargaining units have agreed to. The reforms also apply to UC faculty and staff not in unions.”

AFSCME recently announced that its membership would begin voting on April 30 over whether to authorize a strike, following months of stalled negotiations over a contract that expired last September. Stenhouse, the union spokesperson, called it “the impasse of impasses” yet suggested to the Guardian that the strike authorization vote was a side issue from the concerns raised in the whistleblower report. The workers are there to “provide patient care,” he told the Guardian. “They’re not making Buicks.”

“This report is about something much bigger than our members’ livelihoods,” Lybarger stated when the report was released. “It’s about whether the UC is prioritizing quality care for the millions of Californians who put their lives in our hands.”

Yee says Cal coach’s shove was damaging and deserves punishment

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UC Berkeley basketball coach Mike Montgomery’s spur of the moment shove of star Cal player Allen Crabbe during Sunday’s game against USC has garnered quite a bit of attention from the sports media. It also elicited a strong written condemnation from Senator Leland Yee, who is calling for Montgomery’s suspension. Yee, who got a degree in psychology from UC Berkeley, said the following in a press release:

While I have a lot of respect for Coach Montgomery and I appreciate his apology, his actions at last night’s game were completely unacceptable. As a psychologist, I can assure the university and Coach Montgomery that physically pushing a student-athlete does nothing to motivate them. We do not accept such behavior by our professors and administrators, and we should not tolerate it with our coaches.

The game was an emotional one, but representatives of UC – especially adults – need to be able to control their emotions and refrain from physical altercations with students. I urge the university to take swift disciplinary action of at least a one-game suspension and I wish the Cal basketball program the very best as they enter the final games of the season.

It’s unclear whether UC officials are likely to cave to pressure from Yee. So far the matter rests with a reprimand from Pac-12 Commissioner Larry Scott. Lee has made it clear that he thinks such a response is inadequate. He told the media that he would be calling UC officials personally on Tuesday.

Yee’s chief of staff, Adam Keigwin, confirmed that Yee did indeed spend about 30 minutes yesterday talking with Athletic Director Sandy Barbour.

“He expressed why he was concerned with the situation—as an alum, and as a father who has sent his kids to the UC, and as a grandfather who hopes to send his grandkids to the UC,” Keigwin explained. “As a psychologist, he has seen these cases where kids get pushed around, and that just leads to more aggressive behavior and eventually violence.”

Keigwin said that Barbour seemed to agree with Yee, although regarding a harsher punishment she made no promises. Yee would like to see a one-game suspension, or a redaction of his pay for the USC game.

“We’re still waiting to see what she’ll do with that,” said Keigwin. “We’ll give her a day or two to determine what the outcome is going to be.”

The magnitude of Yee’s response might seem odd, but in fact he rarely misses an opportunity to criticize the UC administration. In the past, he has very publicly battled with UC officials over issues of transparency and a controversial nomination to the Board of Regents.

Meanwhile, Montgomery—who initially responded to the incident by saying simply: “Worked, didn’t it?”—has since issued a full apology.

“Trying to get into kids’ faces every now and again just to get them going is kind of what you need to be able to do.” said Montgomery. “[It was] just a bad choice of motivational techniques on my part.”

Finally, a way to get toxics out of furniture

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Gov. Jerry Brown has finally done what the state Legislature refused for six years to do: He’s eliminating the requirement that household furniture and children’s cribs, car seats, and strollers be treated with toxic flame-retardant chemicals.

State Sen. Mark Leno has been working on this since 2006, and has introduced four different bills that were aimed at the chemicals that are known to cause serious health problems and are prevalent in coaches, chairs and other furniture. At one point, he simply sought to protect kids; he later gave up on banning the chemicals and sought simply to allow manufacturers to use other, less toxic forms of fire retardants. But the chemical industry launched a high-powered lobbying effort to protect the mandates, and all of his bills were defeated.

The standards that California uses were written 40 years ago, when state officials were worried about the danger of furniture fires, primarily started by smokers leaving lit cigarettes on a coach or chair. They’ve become a de facto national standard, since nobody wants to build furniture that can’t be sold in the nation’s biggest market.

But there’s now abundant evidence that the chlorinated and brominated chemicals used to treat polyurethane foam, which is prevalent in upholstery, are linked to cancer, reproductive problems and learning disabilities.

Alternatives to those chemicals are available — and, along with the emergence of self-extinguishing cigarettes and the widespread use of smoke detectors, the old rules have become obsolete.

Now Brown’s Department of Consumer Affairs has rewritten the regulations, allowing for a more effective standard that can be met without dangerous chemicals. The new regs are complicated (try reading this and making sense of it) but what they say, in essence, is that products designed for children no longer have to meet the old standards — and adult furnishing can meet a more modern standard that doesn’t require the use of chlorides and bromides.

“This is a landmark day,” Leno told us. “This will not only change the way California deals with fire safety; it will impact the rest of the country.”

Leno said that as soon as the new rules take effect, he will try to get the Legislature to adopt them as law, so a future governor can’t go backward.

The chemical industry tried to derail the governor’s effort, too — and enlisted the help of Leno’s colleague, state Sen. Leland Yee.

A Jan. 9th letter signed by 20 state Legislators urges Brown not to change the existing standards. Reading like a handout from the chemical industry, it refers to the “alleged chemical risks” and suggests that the governor instead have those chemicals further studied — a process that could delay any changes for some time.

That’s crazy: “Endless scientific studies (including a recently released report that makes a connection between exposure to flame retardants and reduced IQ and higher rates of autism) and every environmental advocacy group that these chemicals are known to be toxic and harmful to human health and development,” Leno said.

Yee is among the mostly conservative, pro-industry signatories.

We contacted Yee for comment more than a week ago, but he hasn’t called. His chief of staff, Adam Keigwin, told us the letter “it is consistent with his position that all chemicals should go through Green Chemistry Council to leave the conflicting science to the experts rather than politicians. In addition, it is consistent with the position of the all the major burn centers and doctors, including those in San Francisco, who believe this fire retardant is necessary to save lives.”

Actually, the science isn’t “conflicting” at all; it’s entirely consistent. And the state regulators have concluded that alternatives to toxic substances can provide even greater fire safety.

In fact, Andrew McGuire, one of the pre-eminent burn specialists in the country, told us Yee’s statement was off the mark. “I know that’s not what the doctors at San Francisco General think, and that’s where my office is,” he said. “The top burn doctors belong to the American Burn Association, and that group’s position is not in support of toxic flame retardants.”

 

 

 

Oh well, Pelosi’s going to stick around

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For a while there some of us thought that Rep. Nancy Pelosi, who failed to win back a house majority for the Democrats, might decide her time was up and step down as minority leader (which would probably have meant retiring from Congress). That would have set off one of the hottest political battles in town; just about everyone knows that Pelosi’s daughter is interested in the seat, but there’s no way she was going to get it without a fight. There are lots of ambitious people in this town who would jump at a once-in-a-lifetime chance at a Congressional seat, starting with possibly all of our current state Legislators and a few supervisors.

Would progressives and independents sick of the notion of a Pelosi family dynasty get behind one candidate (say, Mark Leno)? Would Scott Wiener, who Leno has supported and mentored all these years, run anyway, arguing for a younger candidate who could be around for long enough to get seniority? Would Leland Yee, who will be termed out and didn’t get elected mayor, jump in the race? Would Tom Ammiano, who doesn’t seem at all ready to retire?

Lots of crazy speculation — and now it appears we’ll have to wait two more years to go through it again. Because, barring a huge upset in the Democratic Caucus, Pelosi’s sticking around.

I’m not so thrilled about that — and I swear it has nothing (well, almost nothing) to do with the amazing story that a contested race would create for political reporters. It’s just that Pelosi’s been a big disappointment to San Francisco; she cares more about her national constituency that about her district, and her legacy achievement is the privatization of a national park.

It would be nice to get someone representing San Francisco who represented San Francisco values.

Oh well.

Bad and good news from the Guv

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First, the bad news: Jerry Brown has vetoed a couple of important bills by Assemblymember Tom Ammiano, showing that he’s still a strange and unpredictable guy. He rejected a measure that would have provided some basic labor protections to domestic workers and another that would have opened up state prisons to a modicum of media access. His message on domestic workers was confusing (gee, maybe it would cost more to make sure people get meal breaks); on the media access, it was just bizarre:

“Giving criminals celebrity status through repeated appearances on television will glorify their crimes and hurt victims and their families,” Brown wrote in his veto message for Assembly Bill 1270.

What? The notion that the press might be able to interview prisoners about conditions behind bars in an agency that consumes more than $10 billion a year in state funds will “glorify crimes?” Sorry, but Jerry is out of his mind.

From Ammiano’s press release:

“Press access isn’t just to sell newspapers. It’s a way for the public to know that the prisons it pays for are well-run,” Ammiano said. “The CDCR’s unwillingness to be transparent is part of what has led to court orders on prison health care and overcrowding. We should know when the California prisons aren’t being well run before it goes to court. I invite the Governor to visit the SHU [special housing unit/solitary confinement] to see for himself why media access is so important.”

Same goes for the TRUST Act, which had the support of a lot of local police chiefs, the mayor of Los Angeles and Assembly Minority Leader Nancy Pelosi.

On the other hand, Brown did sign a bill by Sen. Mark Leno that could turn out to be the best budget news San Francisco’s had in years. SB 1492 would allow the Board of Supervisors and the voters to reinstate, just in this city, the vehicle license fee that former Governor Arnold Schwarzenegger cut, to such disastrous effect, when he first took office. If the supervisors put it on the ballot and the voters approve, a two percent hike in the car tax could raise $70 million a year for the city — more than triple the amount that the mayor has agreed to raise in his weak gross receipts tax proposal.

That law goes on the books Jan. 1 — and the supes should immediately take up the challenge and approve the VLF hike for the next even-year ballot, November 2014.

Then the Guv vetoed Leno bills protecting cell phone users from warrantless searches and alloing the state to recognize more than two people as parents of a child.

Sen. Leland Yee’s bill allowing juveniles who were sentenced to life without parole to get a second chance made it passed Brown’s desk.

So what do we make of the governor? About the usual — he’s random.

What will Jerry do?

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A few good bills have emerged from the madness of the end of the Legislative session in Sacramento — including measures by Assemblymember Tom Ammiano and Sen. Leland Yee — and now we have to wait for the governor, who isn’t thinking much beyond Prop. 30.

Jerry’s always odd and unpredictable, but this year, I’m told, he’s focused almost entirely on getting his tax measure approved. He’s told everyone in the state how much everything will suck if we don’t vote Yes, and he’s made it something of a referendum on his leadership. If it goes down, he’s facing almost unthinkable cuts to education and public services — cuts that will make him hugely unpopular. When class sizes go up and UC rejects qualified students and cops get laid off, the voters won’t blame themselves for rejecting Prop. 30; they’ll blame the guv. And Jerry knows it.

So he’s gone all in on this one — and he’s viewing everything he does, including every bill he might sign, through that lens.

Which leaves some very worth legislation up in the air — or rather, since it’s Jerry Brown, up in the ozone.

Ammiano managed to win approval for a measure that would allow the news media to interview inmates in state prisons — something that the California Department of Corrections and Rehabilitation has blocked since 1996. Right now, the only way reporters get access to the inside of prisons is on special tours that CDCR sets up — and the jailers get to decide which “random” inmates can talk to the press. It’s pretty basic — In San Francisco, the Sheriff’s Department allows reporters to talk to any prisoner who consents to an interview, and nothing bad has happened. We spend so many billions of dollars on prisons, and we know so little about where it goes. Even the prison guard’s union (Jerry’s BFFs) supports this. Jerry? Who knows.

Another Ammiano bill, AB 889, would require that domestic workers (people who do child care, housecleaning etc.) get basic labor rights, including lunch breaks and overtime. Seems like a no-brainer (and no, it doesn’t apply to your casual high-school babysitter). Lots of support, and it’s hard to see what this has to do with tax policy, but nobody’s sure about the guv.

And everyone’s really unsure what will happen with Sen. Leland Yee’s latest attempt to give juveniles who are sentenced to life without parole at least some opportunity to get out of prison before they die. SB 9 is pretty moderate — it states that a person convicted of a crime as a youth who has already served 15 (FIFTEEN) years can petition a court to reduce the sentence to 25 (TWENTY FIVE) years. Nobody’s getting out without serving some long, hard time, but since someone who is an accessory to murder at 15 almost certainly doesn’t have the brain development of an adult, and no other industrialized nation in the world allows LWOP for anyone under 18, and since there are only 300 people in the who state prison system who would be eligible for sentence changes under this law, I can’t imagine anyone opposing it. Seriously, Jerry. Can you veto something like this? The Jesuits would go batty.

 

 

 

Cell phone radiation documentary screens tomorrow

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The pre-screening wine bar won’t erase the sinister implications of tomorrow’s Artist’s Television Access showing of Reconnect. On Sat/28, filmmaker Kevin Kunze will show a rough cut of the film that will make you think twice about answering your next phone call.

When East Bay father Alan Marks pegged his brain tumor on cell phone usage a few years ago, the issue of cell phone radiation had its brief moment in the limelight. But the media focus eventually fizzled out. And with so many friends to talk to, deals to make, lunch dates to plan, and distant relatives to keep at bay, our reliance on phones wasn’t so easily put on hold. 

But some kept their eyes on the story. One of these believers was independent filmmaker and activist Kunze, who was deeply affected by meeting Alan Marks’ wife Ellie and later teamed up with Nobel Prize-winning author and scientist Devra Davis to make a documentary on the issue of cell phone radiation and its rather serious implications. The film picks up the story at the industry’s initial boom in 1993. 

Reconnect (formerly called Disconnect) interviews experts hailing from Yale, Stanford, UC Berkeley, and UCLA. Apple co-founder Steve Wozniak and California Senators Mark Leno and Leland Yee offer their thoughts on the matter, and Kunze digs up the stories of multiple brain tumor sufferers, whose stories went oddly uncovered by the media. Though the potential for brain cancer was a projected side-effect that’s been discussed since the promulgation of mobile phones, more and more studies are popping up that suggest the long-term usage of devices cause DNA damage, blood-brain barrier damage, breast cancer, sperm reduction, and infertility.

San Francisco’s own history with cell phone health has been an intense one. The Right to Know Act of 2010 required cell phone retailers post information about possible health risks associated with phone usage. The law came under fierce attack from the telecommunications industry, however. 

“Since the beginning,” says Kunze in explanation of the film on a fundraising website. “There was always talk of cell phone radiation and the possibility it could cause cancer.” Check out the screening at Artists’ Television Access this Saturday, have a drink, and take the post-film Q&A as an opportunity to ask Kunze about what life looks like post-iPhone.

Reconnect

Sat/28 7pm cocktail hour, 8pm screening, free

Artists’ Television Access

998 Valencia, SF 

www.atasite.org

You know I have to talk about guns now

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My son is 13. He and a friend went to the movies the other afternoon, at the San Francisco Metreon. I was at work; I wasn’t a bit worried. They’re good kids, city kids, they travel around on Muni and BART, hang out with their friends after school … and what’s safer than a movie theater?

Jesus fucking Christ.

It’s apparently random, and the guy who killed at least 12 people in Colorado is probably crazy, and you can’t decide to keep your kids locked up in a bulletproof room all day just because a nutcase 2,000 miles away went crazy at a Batman show. People get killed riding bikes, too, and Michael rides everywhere.

But I’m not the only one who thinks that this massacre could have been prevented — or at least, the severity of it could have been prevented — if it wasn’t so easy to get high-powered assault-style weapons in this country. Here’s a press release from state Sen. Leland Yee:

My thoughts and prayers go out to the victims of this horrific tragedy and their families. These events are shocking to all of us and sadly remind us of the carnage that is possible when assault weapons get into the wrong hands. It is imperative that we take every step possible to eliminate the types of senseless killings witnessed in Aurora, Colorado. We must limit access to weapons that can carry massive rounds of bullets or that can be easily reloaded. SB 249 is a step in that direction and should be approved by the Legislature as soon as possible.

Here’s US Senator Dianne Feinstein (who knows a thing or two about gun violence):

Today is a time for grieving but my hope is the country will also reflect on the roots of gun violence that has again visited terror on an American community, claiming the lives of more innocents.

Here’s LA Times columnist Paul Whitefield:

We don’t need to disarm Americans.  But neither do we need to arm Americans with assault rifles.  We can respect the 2nd Amendment — and respect the right of young people to go to a theater without having to survive a fusillade normally reserved for the battlefield.

And here’s me:

Nobody needs a AK 47. Nobody needs to be able to carry around a weapon that has the kind of firepower that it takes to create this level of terror and carnage. And for those people who want to argue that an armed populace would prevent this kind of thing, imagine if half a dozen pistol-packing civilians started firing through smoke grenades at a guy wearing body armor in a crowded theater. You want the body count any higher?

This, my friend and trolls and gun lovers, is just insane.

UPDATE: Damn, those federal regulations make it hard for an honest citizen to buy a gun.

I have a Gander Mountain gift card in my wallet. Seriously. Wonder what I should do with it.

 

Guardian voices: The zombie condo converters

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What is the shelf life of  a really bad public policy concerning housing in  San Francisco?

When it comes to condo conversions of existing rent controlled apartments, the answer is that there is no limit on how many times this bad idea is taken off the shelf. Like a bad summer zombie movie, this undead keeps  walking, no matter what San Franciscans say.

A little history.  In 1982 Supervisor Willie Kennedy, not a bomb-throwing tenant advocate by any stretch, sponsored legislation that limited the  conversion of existing apartments to condos to no more than 200 a year. The measure did not touch new constriction, allowing unlimited condominium construction. Indeed, from 1983 to 2000, some 12,200 new condos were built, an average of some 680 units a year. Since 2000, nearly 100 percent of all new residential constriction is built as condos; there is no limit on renting a condo, but an annual limit in converting an existing apartment. Clearly, condos are a tenure type of housing that is dramatically expanding.

The reason Kennedy and the at-large elected Board of Supervisors voted for the annual limit was to protect rent-controlled apartments, a type of housingthat can’t be expanded. San Francisco’s 1978  rent control ordinance exempted all new construction from being under rent control. So rent-controlled apartments were a fixed number — all apartments built before 1978 — banned by law from ever being expanded. 

Yet those apartments are the largest number of affordable housing units available to moderate and middle income households. Thus, there’s a rational desire to preserve them by a public policy that limits their conversion to condos because they are declining in numbers.

And San Francisco voters understand and support this very rational policy.

In 1989, realtors and speculators tried to overturn the annual limit, proposing a measure that said if 51 percent of a building’s existing tenants voted for a conversion, then the building could be converted with no annual limit. This proposal laid out a future of a Hobbesian society here in San Francisco with one set of well-to-do tenants fighting another set of less-well-off tenants, building by building. San Francisco voters defeated the measure 63-37.

But in the land of the living dead condo converters, no is never the answer.
 
In 2002, Gavin Newsom, Tony Hall and Leland Yee, Plan C, and the Chamber of Commerce placed another measure on the ballot to repeal the annual limit. It too, was  rejected: 60 percent voted no, and 40 percent yes. The measure was defeated in all of the supervisorial districts except  Newsom’s D2, Tony Hall’s D7, and Leland Yee’s D4.

Tenant and affordable housing advocates were not unmoved by the desire of tenants, especially in privately owner rental housing facing Ellis Act and TIC evictions, to seek the protection of home ownership. In 2008 they supported an amendment to the Subdivision Code carving out from the annual limit conversions of apartments by nonprofit, limited equity housing
co-ops.

Now were are confronted again by a desire to allow more conversions of rent controlled units by private buyers who bought into the TIC dodge around the annual condo conversion limit.

Since TIC’s do not require a sub-division map, creating legally recognized separate units, they became “grey market” condos. With hot mortgage money flowing during the bubble, TIC owners could get financing. Now, banks are actually following some laws and will not lend to buy a legally grey TIC.  Thus the move to get them converted to legal condos.
 
This is, in its most basic form, yet another bailout caused by speculative capitalism. We seem to no longer believe in the market as an economic system, in which bad economic decisions result in economic loss for the folks involved. We now seem to believe in the “market society” — in which those with money get to keep it no matter what bad decisions they make.

What this is all about is not really homeownership but about home sales. After all, if you have a TIC you already have a home. You want to convert it to a condo not to live in, but to sell. To make it easier to sell TICs would make it harder to sell the thousands of already approved but stalled new condos.

Mayor Lee administration want to stimulate these stalled condo developments, claiming they will create constriction jobs. The Farrell and Wiener condo conversion plan undercuts these efforts and, of course, will create no jobs for anyone but realtors and moving companies.

This is called a “contradiction of capitalism,” when one set of capitalists seek, to the disadvantage of another group of capitalists, to get the government to intervene on their behalf.  But it does prove once again that Lenin was right when he said that one could count on one set of capitalists to compete with each other to sell rope to hang another set.

It’s really bad economic policy, and even worse housing policy.

The future of the DCCC

26

Now that Aaron Peskin is retiring as chair of the Democratic County Central Committee, and is not even seeking re-election, the future of a realtively obscure but political important agency is very much up in the air.

Peskin had his share of critics, and he would be the fist to say it was time for him to move on, but he orchestrated the progressive takeover of the DCCC four years ago and turned it into an operation that helped get progressives elected to local office. He raised money for the party and kept the often (ahem) fractious progressive committee members going in the same direction. He was a leader — and without him, the left wing of the local Democratic Party is struggling.

Nobody has been able at this point to take Peskin’s place — and in the meantime, the moderate-to-conservative folks are moving agressively to take the DCCC back.

It’s going to be a fascinating race — Gov. Jerry Brown just signed a bill that changes the makeup of the committee, giving the east side of town more members. That’s because more than 60 percent of the Democrats in the city live in what is now Tom Ammiano’s Assembly district. (The east side district of Fiona Ma now includes more of the Peninsula.)

So 14 of the members will be elected from Ammiano’s district, and only 10 from Ma’s (more conservative) district.

But Peskin won’t be on the ballot, and incumbent Debra Walker has stepped down and won’t run (she’s been replaced by Police Commission member Petra DeJesus).

Meanwhile, among the more centrist people who have filed to run: Former Supervisor Bevan Dufty. Sup. Malia Cohen, School Board Member Hydra Mendoza, and former Redevelopment Commission member London Breed. Sup. Scott Wiener, a longtime incumbent, is running for re-election.

The left starts with a vote deficit, since all of the statewide and federal elected officials who are Democrats and live in or represent part of SF are automatically members. That means Sen. Dianne Feinstein, Rep. Nancy Pelosi, Rep. Jackie Speier, Attorney General Kamala Harris, state Sen. Leland Yee, State Sen. Mark Leno, Ma and Ammiano all have votes — and while they never show up, the elected officials send proxies, and other than Ammiano and sometimes Yee and Leno, they can’t be counted on to support progressive candidates and causes.

So progressives need to win more than a simple majority of the contested 24 seats, and while that’s entirely possible, it’s hard to see a full slate in both districts. At best, most progressive groups will probably endorse 12 candidates on the east side and eight on the west — and since the most conservative incumbents will likely win, as will Dufty, probably Cohen and quite possibly Breed, it’s entirely possible that the moderate wing will regain control.

There’s been some tension among progressives in the past few weeks, some arguments about who would best replace Peskin as chair. Animosity over those discussions was one reason Walker resiged. And while there are legit questions about which of the progressives would best run the committee, I fear the candidates were getting ahead of themselves. Because you can’t fight over leadership until you have a majority. And that’s going to be a bigger struggle than it’s been in quite a while.

Teachers, students demand funding for education

9

People across the Bay Area joined in the National Day of Action to Defend Public Education March 1, with rallies at Berkeley City Hall, UC Berkeley, Oakland City Hall, SF State, and at the State Building on Golden Gate Ave.  Demonstrators at UC Santa Cruz shut down the campus for the day demanding well-funded and quality public education.

At the State building, about 100 engaged in civil disobedience, entering the building’s large lobby for a teach-in on the importance of public education. Speakers included teachers and students from several local schools, including City College of San Francisco, San Francisco State University, and Mission High School.

Around 4 p.m, most left the building to go two blocks down the street to Civic Center Plaza, where about 400 converged to share stories of hardship in affording education and voice demands.

Students from local elementary schools express their concerns at the Civic Center rally to defend public education. Video by Carol Harvey

The day of action was supported and shaped in part by Occupy groups throughout the country, including, here in the city, Occupy SF, Occupy SF State and Occupy CCSF. But unlike most occupy-affiliated demonstrations, speakers March. 1 urged the crowd to support specific policies; initiatives that may go to the ballot in November.

Specifically, the group expressed support for the Millionaire’s Tax measure. If the measure passes, California residents earning $1 million per year would pay an additional three percent in income taxes; those making $2 million or make per year would add five percent. 60 percent of funds raised would go towards education.

There are several competing ballot initiatives to fund education, including one proposed by Governor Jerry Brown. According to a recent Field Poll, the Millionaire’s Tax polls the highest, with 63 percent support.

Some protesters also expressed support for the Tax Oil to Fund Education Initiative.

Support for both measures was one of the demands on a demand letter distributed throughout the events. Activists began the protest with lobbying at the offices of state legislators, and convinced four aides to fax the demand letter to their representatives, including Leland Yee, Mark Leno, Fiona Ma, and Tom Ammiano.

However, some protesters at the State Building teach-in emphasized that legislation would not solve the whole problem.

“This issue is bigger than just taxes. The same power structure that is causing the destruction of our educational system is also destroying the face of the planet that we live on. It’s destroying our personal relationships with one another and all of our brothers and sisters around the world,” said Ivy Anderson, a 2011 SF State graduate and organizer with the environmental group Deep Green Resistance.

The event was peaceful and lasted only a few hours. When the state building closed at 6 p.m., 14 remained inside, continuing to “occupy.” Police issued a dispersal order shortly after six o’ clock, and by 6:40, 13 had been cited on-site and released, according to SF occupier Joshua.

At that point, several raced to board buses down the block, joining about 100 others who began a march to Sacramento. Known as the “99 Mile March for Education,” protesters plan to walk about 20 miles a day until arriving in Sacramento March 5 to take their demands for accessible education to the governor.

According to Joshua, the conflict-free day was a success.

“We had a great rally, and I thought it was an excellent lead-up to Sacramento,” said Joshua.

“But the capitol is obviously going to be a bigger fish.”

Guardian editorial: The DA and mayoral corruption

8

EDITORIAL The indictments of two executives of an airport shuttle company on charges of laundering campaign money are, in themselves, a rarity and something to celebrate: the district attorney of San Francisco is actually attempting to enforce the laws against political corruption. That’s unusual in this city, and worthy of note.

But at this point, the entire sum total of prosecutions involving the scandal-ridden campaign of Mayor Ed Lee amounts to a pair of cases against people who made what appear to be illegal contributions. As of today, the message that’s being sent is that nobody in the Lee campaign did anything wrong. And that seems a little bit curious.

Lee’s late entry into the race — after he’d promised for months not to run — and his refusal to abide by the rules of public financing forced his supporters to raise a large amount of money very quickly. There were so-called independent expenditure committees collecting donations and running parallel campaigns that, by law, should have been entirely distinct from Lee and his official effort. We’ve always been dubious about the supposed lack of coordination.

Then there were the well-documented instances of irregularities serious enough that every other candidate in the race asked for state and federal monitors to watch the election. Several eyewitnesses told local reporters that they saw volunteers for one of the supposedly independent groups filling out absentee ballots for voters, using a special template that ensured the votes would go for Lee. Some said they saw ballots being collected at a makeshift voting booth. In a video provided by the campaign of State Sen. Leland Yee, it appears that volunteers were both filling out ballots and placing them in bags — both clear violations of law.

Gascon’s announced investigations of all the allegations — but more than three months later, nothing has come of it. His office won’t confirm or deny whether investigations are ongoing or whether any further indictments may be forthcoming. But at the Chinese New Year Parade, Chinatown powerbroker and Lee ally Rose Pak announced that she had heard Gascon was investigating her.

There’s been plenty of time to collect evidence, and Gascon has a responsibility to let the public know, as quickly as possible, what’s happened to the rest of the allegations. If everyone in the Lee campaign is really innocent, and none of the independent groups supporting the mayor did anything wrong, he should say that, and present the evidence.

It doesn’t help Lee, the city, or the integrity of the voting process to have these cases drag out. Gascon needs to conclude them, expeditiously.

Gascon and mayoral corruption

1

EDITORIAL The indictments of two executives of an airport shuttle company on charges of laundering campaign money are, in themselves, a rarity and something to celebrate: the district attorney of San Francisco is actually attempting to enforce the laws against political corruption. That’s unusual in this city, and worthy of note.

But at this point, the entire sum total of prosecutions involving the scandal-ridden campaign of Mayor Ed Lee amounts to a pair of cases against people who made what appear to be illegal contributions. As of today, the message that’s being sent is that nobody in the Lee campaign did anything wrong. And that seems a little bit curious.

Lee’s late entry into the race — after he’d promised for months not to run — and his refusal to abide by the rules of public financing forced his supporters to raise a large amount of money very quickly. There were so-called independent expenditure committees collecting donations and running parallel campaigns that, by law, should have been entirely distinct from Lee and his official effort. We’ve always been dubious about the supposed lack of coordination.

Then there were the well-documented instances of irregularities serious enough that every other candidate in the race asked for state and federal monitors to watch the election. Several eyewitnesses told local reporters that they saw volunteers for one of the supposedly independent groups filling out absentee ballots for voters, using a special template that ensured the votes would go for Lee. Some said they saw ballots being collected at a makeshift voting booth. In a video provided by the campaign of State Sen. Leland Yee, it appears that volunteers were both filling out ballots and placing them in bags — both clear violations of law.

Gascon’s announced investigations of all the allegations — but more than three months later, nothing has come of it. His office won’t confirm or deny whether investigations are ongoing or whether any further indictments may be forthcoming. But at the Chinese New Year Parade, Chinatown powerbroker and Lee ally Rose Pak announced that she had heard Gascon was investigating her.

There’s been plenty of time to collect evidence, and Gascon has a responsibility to let the public know, as quickly as possible, what’s happened to the rest of the allegations. If everyone in the Lee campaign is really innocent, and none of the independent groups supporting the mayor did anything wrong, he should say that, and present the evidence.

It doesn’t help Lee, the city, or the integrity of the voting process to have these cases drag out. Gascon needs to conclude them, expeditiously.

Would Sept. elections be better than RCV?

25

A proposal by Supervisors Sean Elsbernd and Mark Farrell to end San Francisco’s experiment with Ranked Choice Voting will come before the board Feb. 14, and RCV suporters are organizing to fight it. According to an email I just got from Steve Hill, one of the leaders in the RCV movement, “the vote is going to be close.”

The first version of the Elsbernd-Farrell legislation would have returned the city to the pre-RCV situation — the general election for city offices would take place in November, and runoffs in any race where nobody got a majority (almost every contested city race these days) would take place in December. 

The December turnout in Board of Supervisors races was always way lower that the turnout in the November election (although that hasn’t always been the case in mayoral races — more people voted in the Matt Gonzalez-Gavin Newsom runoff than voted in that year’s general election).

But the two conservative supervisors have backed off that plan and replaced it with another one: The first election (in effect, the primary) would be held in September, with the runoff in November.

Some years, that would be three elections in the city in five months — the normal June state election, a September city election, and a November general election.

I realize that a lot of people, including some of my friends on the left, aren’t thrilled with RCV. If the mayor’s race had a runoff, it would have been a head-to-head contest between Ed Lee and Dennis Herrera, and that would have been fun. (Where would David Chiu, who got stabbed in the back by Lee and who criticized him during the general election, have gone in the runoff? What about Leland Yee?)

But I have to say, a September election seems like a really terrible idea. When are the candidates going to campaign — during August, when about half of the city is out of town? Would the candidates all have to trek out to Burning Man? (You can’t send direct mail flyers to the playa.) Maybe you hold the election late in September — but then the absentee ballots would arrive when, over Labor Day weekend? Talk about low turnout.

The whole idea of RCV was to get more people involved in electing their representatives at City Hall. You can talk about whether it helps the left or the right or incumbents or whatever, but it’s really all about turnout. One election: More people vote. Two elections: Fewer people vote. September election: Very few people vote.

Then in November, when the turnout is highest, the choice will be lowest, because the candidates who did well in the low-turnout election (typically the more conservative candidates) will be the only ones on the ballot.

On balance, I’m sticking with RCV — but if you have to change it, why not make the primary election in June? There’s already a June election in even-numbered years, it’s no added expense — and there’s the additional value of forcing candidates for mayor and supervisor to declare their intentions and get in the race early on. No more Ed Lee August surprise.

I asked Elsbernd about it and he told me that New York City holds its primary in September, and that’s an effective model. And, he pointed out, there’s no June primary in the odd-numbered years, when the mayor, sheriff, city attorney, treasurer and public defender are on the ballot.

True — but if you’re going to have a special municipal election anyway, June makes more sense to me. People are used to voting in June. I worry about September.

Yee offers a package of government sunshine bills

1

California Sen.Leland Yee (D-SF) may have finished in a disappointing fifth place in the mayor’s race, garnering just 7.5 percent of the first place votes. But now he’s back to working in a realm where he’s really distinguished himself as a politician: opening up government agencies to greater sunshine and public scrutiny.

When the California Legislature reconvenes tomorrow (Wed/4) morning, Yee says he will introduce a series of bills giving the public better access to information. That builds on a record for championing sunshine, which earned Yee a James Madison Freedom of Information Award from the Northern California chapter of the Society of Professional Journalists in 2010.

In the past, he’s taken on the University of California and California State University systems, including a measure last year aimed at the latter for trying to keep secret high speaker’s fees paid to Sarah Palin. This time, Yee’s first target is the California Public Utilities Commission (CPUC) and its cozy and secretive approach to regulating Pacific Gas & Electric and other utilities. 

Senate Bill 1000 would subject the CPUC to the same California Public Records Act disclosure requirements as other state agencies, ending special exemptions granted to the agency back in the 1950s. CPUC documents are assumed to be confidential unless overtly made public by the CPUC board — the polar opposite standard of the CPRA, which assumes all documents are public unless they meet specific exemption requirements.

As the Bay Guardian, San Francisco Chronicle, and other media outlets have reported in the wake of PG&E’s deadly gas pipeline explosion in San Bruno, the CPUC has blocked release of incident reports, pipeline safety inspections, audits, and other information that could show what other areas might be at risk of a similar tragedy and evidence of exposed PG&E’s negligence in the explosion, as a federal review panel concluded. A CPUC spokesperson said the agency is studying the legislation and didn’t have an immediate comment. 

“The CPUC is supposed to be there to protect us and not as a barrier to public access,” Yee said in a public statement.

SB 1001 would double the $50 annual registration fee paid by lobbyists in California and use that revenue to improve the Cal-Access campaign finance and lobbying database operated by the Secretary of State’s Office. That system has periodically crashed in recent months because of outdated technology. 

“It is simply unacceptable that the public cannot access basic information on campaign contributions and lobbying activity,” said Yee.  “The crash of Cal-Access not only prevents public access, it means government is not being transparent or being held accountable.”

SB 1002 would require that when government agencies are asked for public documents that are available in electronic form, that they do so using formats that are easily searchable by keyword using current technology. That has been a big issue for years in San Francisco, where sunshine advocates have long called for the city to be more user-friendly when it complies with the Sunshine Ordinance.

“Producing a 2,000 page electronic document that cannot be searched or sorted is inadequate and almost useless,” said Yee. “For too long, many government agencies – either by choice or inertia – have been living in the Stone Age when it comes to producing public documents.”

SF 2003 would amend the Brown Act open meeting law to allow for injunctive or declaratory relief for past violations, thus preventing agencies from repeatedly violating that law. It addresses a loophole created by the court’s interpretation of the act in its McKee v. County of Tulare decision. 

Finally, Yee is also pushing for the Assembly to approve Senate Constitutional Amendment 7, which the Senate approved last year. It would exempt the Brown Act from requirements that the state pay for mandates on local government, which last year caused the Commission on State Mandates to pay out $20 million from the state budget to local governments for acts such as posting agendas and which has caused the Brown Act to be temporarily suspended during past state fiscal crises.

“Our open meeting laws are too important to be made optional every time the state runs short of money,” Yee said. “SCA 7 will ensure government agencies provide the public the information they deserve.”

Peter Scheer, executive director of the California First Amendment Coalition, praised Yee’s efforts.

“It’s a very valuable and important package of measures to plug loopholes, some recently created and some that have been with us for too long,” Scheer told us.

While most of the legislation takes on fairly narrow issues, Scheer said each address very real and important problems that journalists and the general public have encountered. “None would be particularly difficult to implement,” he said. “But collectively, they would make it easier to hold public officials accountable.”

Sup. Elsbernd ducks more Impertinent Questions

4

Well, I am sad to report that my neighborhood supervisor, Sean Elsbernd, has once again refused to answer my Impertinent Questions and to say if he voted for Ed Lee for mayor. Perhaps I will tell you, he says, perhaps not and he chose to perhaps not. He has thus refused to shed light on his role in one of the most fateful nominations in San Francisco history.

 Here’s the latest version of the almost famous Que Syrah correspondence between Elsbernd and me on these critical Impertinent Questions. (As attentive readers of this blog know, I have been trying for months to get Elsbernd to meet me to talk about these questions at Que Syrah, a nifty little wine bar in the West Portal area of Elsbernd’s district. I am still trying.)

 When Willie Brown, Rose Pak, and the downtown gang were plotting their move  to outfox the progressives in City Hall in January  and install Ed Lee as the interim mayor, they chose Sean Elsbernd to take the lead and nominate Lee for this crucial job.

 He intoned at the time and later in writing to me that he was nominating Lee only on condition that Lee would serve as an interim mayor to fulfill the vacancy created by then Mayor Newsom who was off to Sacramento as the newly elected lieutenant governor. Lee, Elsbernd emphasized, thumping the lectern, would not run for mayor.

 Well, the Guardian and many progressives and I said at the time that this was just the Willie and Rose play, to get Lee in as interim mayor and then roll him over to run for mayor in the fall with the major advantage of incumbency.

 And so when Lee as we expected changed his mind and ran for mayor, Elsbernd was left in the position of being a key player in the plot to put Lee into the mayor’s office under false pretenses. And of course in the process he would ace out two more qualified candidates, former Mayor Art Agnos, and retiring sheriff Mike Hennessey.. Both were ready to serve as interim mayor and both pledged they would not run for mayor and most important neither would operate as enablers for Willie, Rose, and their undisclosed clients. (Willie, for starters, is on a  $200,000 plus a year retainer for PG&E, according to PG&E filings with the California Public Utilities Commission.)

 When the tide of sleaze started rising in the mayor’s office and Willie, Rose, and the gang were pounding on Lee to run, I asked Elsbernd another Impertinent Question: Would he have nominated Lee if he knew Lee was going to reverse field and run for mayor?

Elsbernd replied that he had not endorsed anyone, but that “I have been most attracted to the candidacies of City Attorney Dennis Herrera and former Supervisors Alioto-Pier and Bevan Dufty.” He said that these three have the “right combination of qualifications, experience, intelligence, skills and integrity to serve as mayor. Should Mayor Lee run for election, I would only consider endorsing his effort under one circumstance—if, and only if, I was convinced that without his candidacy, Sen. Leland Yee would be elected. That is, if I see that no one else can beat Sen, Yee other than Mayor Lee, then I would support a Mayor Lee campaign. At this point, I’m not convinced of that—I still think any one of the three I mentioned above could beat Sen.Yee.”

Just before election day when Lee was running solidly ahead in the polls, I posed more Impertinent Questions to Elsbernd: who did he support for mayor and why? He replied that he had not yet voted and had not endorsed a candidate and then stated, “Talk to me on November 9 and perhaps I’ll tell you who I voted for. Rest assured, the Bay Guardian’s endorsements will certainly influence my decision-making process.”

And again,  after Lee won handily thanks in large part to the decisive advantage that Elsbernd helped give him, I took Elsbernd up on his promises and emailed him more Impertinent Questions: Who  did he vote for and why? He ducked again and asked me to read his “original email” and to note the significance of the word “perhaps.”

Perhaps he would tell me, perhaps he wouldn’t tell me. He chose not to tell me, and the rest of his constituents,  why he made the nomination as a “neighborhood” supervisor  that helped return Willie, Rose, and the downtown gang to power in City Hall.

His explanation was classic Elsberndese and I quote it in full in all of its elegance.

”Another e-mail?  Another entry in your blog? And now a deadline?  At what point am I going to start receiving a byline in the “Guardian?” I am not going to share with you and your readers for whom I voted.  I’ll keep that one between me and my ballot.  I voted for 3 candidates who I believed had integrity, intelligence , and some grasp of the daunting fiscal challenges facing the State and the City.

“Am I happy with the results?  Again, I’m going to deflect that question because I have learned in the short time I’ve been around here, that focussing on wins and losses of past elections can take you down a rabbit hole from which you’ll never recover.  Rather, the most pragmatic thing I can do for my constituents, which is, after all, what I am here to do, is to recognize the result, accept it, and move forward with it.  Ed Lee is now San Francisco’s Mayor-elect, and I am very excited about being able to work with him during my remaining 13 months in office.  He and I worked extremely well together in developing Proposition C, which the voters overwhelmingly endorsed (and, yes, thank you to the Guardian for your endorsement – you actually got a few right this year).

“We have had some policy disagreements (e.g.  Proposition B), but I have always found him to be open to dialogue, extremely deliberate and thoughtful, and, most importantly, honest.  When we have disagreed, he has explained why and has done so with a logical argument.  While that may sound simple, I can assure you, that is a rare characteristic in this building and it is one I very much appreciate. Have fun parsing this e-mail apart.”

Final Impertinent Questions: If Elsbernd really finds Lee “open to dialogue, extremely deliberate and thoughtful and most importantly honest” and Lee explains his disagreements with Elsbernd with “a logical argument,” how in the world does Elsbernd explain the months of lies and deceptions by Lee before he decided, gosh, golly, gee, that he changed his mind and  was running for mayor after all? How does Elsbernd explain how the sleaze continues to rise in Lee’s office?  How does Elsbernd explain why, as a “neighborhood” supervisor, that he has once again followed the Willie Brown/RosePak/downtown gang agenda by introducing a June 2012 charter amendment to repeal rank choice voting, with public financing and perhaps even district elections in his gun sights? Wasn’t this all part of the master plan to gut progressive measures to level the playing field on local  elections?

Sean? Sean? Let’s talk about all of this this over flights of the wondrous wines from small, locally owned wineries and the Barcelona -style tapas served up  at Que Syrah. To that end, I will keep sending you the notices of Que Syrah special events. B3

 

 

More backroom policy talks with the California Public Utilities Commission

On Dec. 8 and 9, high-ranking state government officials will attend a private conference with executives from Pacific Gas & Electric Co. (PG&E), Chevron, AECOM, and other major energy industry players at Cavallo Point, a luxury resort in Marin County to talk about distributed generation, a decentralized system for renewable power. It’s a gathering of top governmental officials and industry leaders to talk about policy issues with far-reaching effects on California’s energy future, but members of the general public are not invited.

As officials pack their bags for the conference at the plush resort, California Sen. Leland Yee is preparing two separate pieces of legislation designed to promote transparency within the California Public Utilities Commission (CPUC) and to make it harder for energy company executives to transition seamlessly into posts at the CPUC, the governing body that regulates utilities.

The conference is being organized by the California Foundation for the Environment and the Economy (CFEE), a nonprofit funded by investor-owned utilities and other corporations that wield tremendous influence in the Bay Area.

The Guardian spotlighted CFEE in an article about California Public Utilities Commission (CPUC) President Michael Peevey, who regularly participates in educational travel excursions funded indirectly by the companies his commission oversees.

When CFEE spokesperson PJ Johnston was interviewed for that article, he justified CFEE events by saying, “The idea for us was that it made sense to have someplace where it was nonconfrontational to engage in policy, work-type discussions,” and added they’re “all about policy, on the 30,000-foot level.”

Peevey will be attending this conference, according to a list of participants posted on CFEE’s website. So will PUC commissioners Mark Ferron, Michael Florio, and Nancy Ryan. By press time, the CPUC had not returned calls seeking comment about why commissioners are participating.

More than a dozen California senators and assembly members are listed as conference participants, as are the director and deputy director of Gov. Jerry Brown’s Office of Planning and Research, Ken Alex and Wade Crowfoot. (Crowfoot previously served in former Mayor Gavin Newsom’s administration as an environmental advisor. Newsom now serves at the state’s lieutenant governor.) Executives from Shell Energy North America, the Alliance of Automobile Manufacturers, Southern California Edison, and other heavy hitters in the industry will attend the conference too.

The conference agenda features educational sessions on distributed generation and state renewable energy goals. Several environmental and consumer advocacy groups will be present as well.

Mark Toney, executive director of The Utility Reform Network (TURN), a consumer advocacy group, also plans to attend. “Events like this give the utility industry and energy regulators an opportunity to have policy discussions and to influence policy decisions outside of the political process. It’s a privileged space,” Toney acknowledged. “We don’t think this is a good way to make policy.”

Yet he said advocacy groups like his own face a dilemma when deciding whether to participate in such events. “On one hand, we could decide we want to have nothing to do with it. But if TURN isn’t represented, then the view of ratepayers and consumers won’t be represented by anybody.” He stressed that while TURN attends daylong conferences hosted by CFEE in order to gain access and hopefully have a positive influence within that priveleged space, the group does not participate in travel excursions organized by the organization, which have drawn controversy in the past. “It’s kind of a judgment call,” he added.

Closed-door, backroom policy discussions aren’t the only CPUC transparency problem drawing scrutiny lately. Recent press reports have spotlighted instances of the CPUC denying public access to safety reports, a highly sensitive issue given the fatal pipeline explosion that destroyed a neighborhood in San Bruno last year.

On Nov. 29, Sen. Yee announced he would introduce legislation in early 2012 to subject the CPUC to the California Public Records Act, by stripping away provisions that allow the commission to block the release of information. It would place the body on the same footing as other state agencies with regards to information sharing.

“If you want anything out of the PUC, it takes an affirmative vote of the commission,” explained Adam Keigwin, Yee’s legislative aide. Secretary of State and former Assembly Member Debra Bowen initiated a similar push for transparency at the CPUC in 2006, but the effort did not go anywhere. On Nov. 30, Yee sent a letter to Peevey, the CPUC president, asking for the results of a study on transparency issues that the commission was supposed to undertake nearly six years ago when Bowen was pushing for the bill.

Keigwin added that Yee is also looking at legislation that would bar utility executives from serving on the PUC for a certain length of time, so as to prevent undue influence.

Lessons of the Avalos campaign

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By N’Tanya Lee

It’s the middle of the night. His two kids and wife are home in bed. Supervisor John Avalos, candidate for mayor, heads downtown in his beat-up family car. He parks and walks over to 101 Market Street, and casually starts talking to members of OccupySF. He’s a city official, but folks camped out are appreciative when they see he’s there to stand with them, to try to stop the cops from harassing them, even though its 1 a.m. and he should be in bed.

John Avalos was the first elected official to personally visit Occupy SF. It wasn’t a publicity stunt — his campaign staff didn’t even know he was going until it was over. He arrived and left without an entourage or TV cameras. This kind of moment — defined by John’s personal integrity and the strength of his personal convictions — was repeated week after week, and provides a much-needed model of progressive political leadership in the city.

John Avalos is more than “a progressive standard bearer,” as the Chronicle likes to call him. He’s also a Spanish-speaking progressive Latino, rooted in community and labor organizing, with a racial justice analysis and real relationships with hundreds of organizers and everyday people outside of City Hall. He’s demonstrated an authentic accountability to the disenfranchised of the city, to communities of color and working people, and he knows that ultimately the future of the city is in our hands.

Some accomplishments of John’s campaign for mayor are already clear: He consolidated the progressive-left with 19%, or nearly 40,000, first-place votes, despite the confusion of a crowded field; he came in a strong second to incumbent Ed Lee despite being considered a long shot even weeks before the election; after RCV tallies, he finished with an incredible 40% of the vote, demonstrating a much wider base of support across the city than he began with, and much broader than former frontrunners Leland Yee and David Chiu, who outspent him 3-1. He won the Castro, placed third in Chinatown (ahead of Yee), and actually won the election-day citywide vote. Not bad. In fact, remarkable, for a progressive Latino from a working class district in the southern part of town, running in his first citywide race.

I believe John Avalos demonstrated what can be accomplished with a new kind of progressive leadership — and suggests the elements of a new progressive coalition that can be created to win races in 2012, and again, in 2015.

It’s Monday afternoon, 1:35pm, time for our weekly Campaign Board meeting. John rushes in, after a dozen appointments already that day. The rest of us file into the ‘cave’ — the one private room in Campaign headquarters, with no windows, a makeshift wall and furniture that looks to be third-hand. The board makes the key strategy, message, and financial decisions. There are no high paid political consultants here. Most of us are, or have been, organizers. Today, we need to approve the campaign platform. Finally. We’ve decided to get people excited about our ideas, an agenda for change. We leave the meeting excited and nervous, wondering if anyone will get excited about the city creating its own Municipal Bank.

We were an unlikely crew to lead a candidate campaign — even a progressive one in San Francisco. We come from membership based community and labor organizations, and share a critique of white progressive political players and electeds who spend too few resources on building power through organizing and operate without accountability to any base. We are policy and politics nerds, but we hate traditional politics. Seventy percent of us are people of color — Black, Filipina, Latino, and Chinese. We are all women except John, the candidate, and nearly half of us are balancing politics with parenting.

The campaign board — including John himself—shared a vision for building progressive power. The campaign plan was explicit and specific about achieving outcomes that included winning room 200 but went beyond that central goal. We set out to strengthen progressive forces, to build towards the 2012 Supervisor races, and increase the capacity of the community-based progressive electoral infrastructure so we can keep building our collective power year-round, for the long-term.

We hope these victories will shape progressive strategy moving forward:

1. In just a few months, Team Avalos consolidated a new and unique progressive bloc. We brought together people and organizations who’d never worked together before — white bike riders and Latino anti-gentrification organizers, queer activists and African American advocates for Local Hire. The Avalos coalition was largely community forces: SF Rising’s base in working class Black, Latino, Filipino and Chinese communities; the Bike Coalition’s growing base of mostly white bike riders; affinity groups like Filipinos, Queers, Latinos and Arabs for Avalos; progressive Democrats; social networks of creative, young progressive activists affiliated with the League of Young Voters; and loyal families and neighborhood leaders from John’s own District 11. The campaign prioritized communicating to voters in four languages, and according to the Chinese press, John Avalos was the only non-Chinese candidate with a significant Chinese outreach program. There were stalwarts from progressive labor unions (most notably SEIU 1021 and USWW) who threw down — but overall, labor played it safe and invested resources in other guys. And then, in the great surprise development of the race, supporters of the new national occupy movement came to be a strong part of the Team Avalos base because the campaign was so well positioned to resonate with the call to take on the one percent.

2) Team Avalos built popular support for key progressive ideas. We used the campaign to build popular support for a citywide progressive agenda. Instead of leading with our candidate we led with bold, distinctive issues that provided a positive alternative vision to the economic crisis: Progressive taxation, municipal banking, and corporate accountability for living wage jobs instead of corporate tax breaks. By the end of the campaign, at least three other candidates came to support the creation of a city-owned bank, and the idea had enough traction that even the San Francisco Business Times was forced to take a position against it.

3) Team Avalos built the electoral capacity of grassroots organizations whose members have the most at stake if progressives gain or lose power in SF: poor and working-class communities of color. We developed the electoral organizing skills of a large new cohort of grassroots leaders and organizers of color with no previous leadership experience in a candidate campaign. They are ready for the next election.

For the last few months, I had the privilege of working with an unusual but extraordinary Avalos campaign team, who were exactly the right people for the right moment in history, to lead a long shot campaign to an unlikely, remarkable and inspiring outcome. Let’s build on these gains. In the coming weeks and months, we must be thorough in our analysis of this election, engage and expand the Avalos coalition base, and build unity around one or more collective demands of Mayor Lee from the left. And in time, we will have a progressive voting majority and a governing bloc in City Hall. We will win, with the mass base necessary to defend gains, hold our own electeds accountable, and truly take on the city’s one percent.

NTanya Lee was the Executive Director of Coleman Advocates for Children & Youth, and served as a volunteer chair of the Avalos for Mayor campaign board. You can find her now at USF or working on her new project about a long-term vision for left governance called Project 2040.

 

Pepper spray backlash continues to burn

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Not only has Lt. John Pike, the police officer who liberally doused nonviolent college students with pepper spray in an incendiary show of excessive police force Nov. 18, become a meme — he’s also generated a raging controversy that has top officials at the University of California Davis in the crosshairs. The incident, which has triggered widespread outrage since videos of it went viral on YouTube, occurred after police responded to student protesters attempting to create an Occupy Davis encampment.

Sen. Leland Yee issued a letter to UC president Mark Yudof Nov. 21, calling for an independent investigation into the pepper spray incident rather than a task force handpicked by UC Davis Chancellor Linda Katehi. The Davis chancellor, who has come under intense pressure since the incident as students call for her resignation, previously announced that she would create a committee to look into the matter and report back after 30 days.

“She gave 30 days to report back,” noted Adam Keigwin, Yee’s chief of staff. “It takes about 30 seconds to realize there’s been wrongdoing.”

In the letter, Yee expressed concern that “it is important that we do not leave the fox to guard the henhouse.” A press statement issued by his office was more direct, noting that Yee “called Katehi’s task force a sham.”

Yudof said Sunday that he would convene all 10 UC campus Chancellors to ensure proper law enforcement reactions in future protests.

Watch this clip to the end, and you’ll witness an incredible moment following the pepper spray incident, when UC Davis students banned together and chanted at police, “You can go!” After a few moments, the police appeared to listen to them, and retreated.

http://www.youtube.com/watch?v=WO4406KJQMc&feature=share
Video by YouTube user waxpancake

Some 5,000 students gathered at the UC Davis quad this afternoon to protest the now-infamous show of police brutality. Katehi waited in line to speak and then apologized to the students.

According to Yee’s press release, “Katehi’s salary is $400,000, reflecting a 27 percent hike from her predecessor. Her compensation package also includes a house provided by UC, $9,000 per year in automobile allowance, relocation expenses now and upon exiting the position, a promised faculty position after leaving the Chancellor’s office, a low-interest home loan after serving as Chancellor, and a generous pension and health care package, among other benefits.”

Sen. Leland Yee is urging all UC and CSU students and employees who are retaliated against or face disciplinary action as a result of their peaceful protest to contact his offices in San Francisco (415-577-7857) or San Mateo (650-340-8840).

 


Mirkarimi victory seems assured

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The San Francisco Elections Department counted more than 25,000 ballots today and just posted new ranked choice voting tallies that continue to indicate Ross Mirkarimi has been elected sheriff, widening his margin of victory from yesterday’s count. Mayor Ed Lee and District Attorney George Gascon saw their margins shrink slightly, but they are also the clear winners.

With only about 7,000 provisional ballots still be counted, it’s unlikely that these results will change. Lee’s share of first place votes dipped by about a half percentage point to 31 percent, while second place John Avalos, third Dennis Herrera, fourth David Chiu, and fifth place Leland Yee each gained a bit of ground.

It took 12 rounds of reallocating votes, one more than yesterday’s tally, but the latest count shows Lee winning with 60 percent of the vote to Avalos’s 40 percent.

In the sheriff’s race, the only variable after yesterday’s count was whether Paul Miyamota might be eliminated before Chris Cunnie – raising the question of whether Mirkarimi would get a big enough chunk of Miyamoto’s votes to put him over to top. But with Mirkarimi gaining ground in first place votes to 38 percent, and with 1,117 votes separating Cunnie and Miyamoto in the second round, it would be almost impossible for the winner to change.

In the DA’s race, Gascon dropped and David Onek rose by about a half percentage point, but with more of Sharmin Bock’s votes going to Gascon, he wins in the third round with 63 percent of the vote.