Leland Yee

On Guard!

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news@sfbg.com

ORACLE’S DIRTY SECRET

If wealth trickled down from Oracle’s OpenWorld conference in San Francisco last week, very little of it reached a small group of low-wage laborers hired from out of state to set up for a concert hosted as an event highlight on Treasure Island.

Oracle is a prominent Bay Area tech company helmed by Larry Ellison, the billionaire CEO who worked closely with top city officials to bring the America’s Cup sailing regatta to San Francisco.

The Oct. 5 Oracle OpenWorld concert on Treasure Island featured Sting and Tom Petty as headliners. Registration packages for the weeklong tech conference, which drew some 45,000 attendees to San Francisco, ranged from $1,395 to $2,595.

A member of the carpenters union contacted the San Francisco Office of Labor Standards & Enforcement (OLSE) Sept. 16 to formally complain that a construction crew assembling a large seating structure for the event was being paid less than the city-mandated minimum wage of $9.92 per hour, city documents show.

Josh Pastreich, an OLSE official, went to the worksite to interview crew members. Their names were redacted from public records, but Pastreich described them as monolingual Spanish speakers who travel from city to city building seating arrangements for major events.

“Everyone is being paid $8 an hour (except for the supervisors),” he reported in a city document. “Workers generally started at 6:30 am but there was a little confusion about quitting times.” At least one work day lasted 11 and a half hours, according to a timesheet. The workers were hired by subcontractors brought in by Hartmann Studios, an events management outfit working directly for Oracle.

“We made a phone call, and sent them some emails,” OLSE director Donna Levitt explained. “Nobody said, ‘we intended to pay them the [legal] rate,'” but the subcontractors increased workers’ hourly wages to comply with San Francisco minimum wage ordinance requirements, Levitt said. Since the company adjusted the rate immediately, no fines were issued. There were fewer than 20 workers on the project.

OLSE did not correspond with Oracle directly, but spoke to the subcontractors. One was T & B Equipment, a Virginia-based company. “We were not aware of the minimum wage there, but we fixed it before the payroll was done,” a T & B representative identified only as Mr. Waller told the Guardian. Lewmar, a Florida-based subcontractor, assisted with staffing for the job. Oracle, Hartmann Studios, and Lewmar did not respond to Guardian requests for comment.

Since the enforcement agency intervened, the laborers earned $9.92 per hour instead of $8 — still well below the average Bay Area payscale for similar work. Building bleachers is comparable to raising scaffolding for major construction projects, and the prevailing wage for unionized scaffolding erectors in California is $37.65 per hour, or $62.63 when benefits are factored in.

None of the workers were from San Francisco, which likely spurred the carpenters union complaint — Carpenters Local 22 has faced significant losses in membership since the economic downturn due to high levels of unemployment disproportionately impacting the construction sector. Represenatives from Local 22 did not return calls seeking comment.

Boosters of the America’s Cup have hailed the upcoming sailing event as an engine for local job creation, but Oracle’s use of low-wage, out-of-state laborers at its pricey, high-profile OpenWorld event raises questions. While the tech company is a separate outfit from the America’s Cup organizing team, Ellison holds leadership positions at both.

Ellison was named the world’s sixth wealthiest individual in a Forbes profile in 2010, with a net worth of $28 billion. His total compensation last year was listed as $70,143,075. That’s 3,399 times the amount a person earning $9.92 an hour would make in a year working 40 hours every week — before taxes, of course. (Rebecca Bowe)

 

LEE’S TELLING VETO

The Board of Supervisors approved legislation to close a gaping loophole in the city’s landmark Health Security Ordinance on Oct. 4, in the process forcing Mayor Ed Lee to promise his first veto and reveal his allegiance to business interests over labor and consumer groups.

Sup. David Campos sponsored legislation that would prevent SF businesses from pocketing money they are required to set aside for employee health care, seizures that totaled about $50 million last year. These health savings accounts are often used by restaurants who charge their customers a 3-5 percent surcharge, ostensibly for employee health care, instead simply keeping most of the money.

Despite aggressive lobbying against the measure by the San Francisco Chamber of Commerce — which went so far as to threaten to withdraw support for Prop. C, the pension reform measure it helped craft with Lee and labor unions — the Board of Supervisors approved the measure on a 6-5 vote on first reading (final approval was expected Oct. 11 after press time).

But then Lee announced that he would veto the measure, claiming it was about “protecting jobs,” a stand that was criticized in an Oct. 5 rally on the steps of City Hall featuring labor unions, consumer advocates, and mayoral candidates John Avalos, Leland Yee, Dennis Herrera, and Phil Ting.

Lee and Board President David Chiu — who voted against the Campos legislation, along with Sups. Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener — have each offered alternative legislation that lets businesses keep the money but make some minor reforms, such as requiring businesses to notify employees that these funds exist.

Both Lee and Chiu talk about seeking “compromise” and “consensus” on the issue, but Campos and his allies say it’s simply wrong for businesses to take money that belongs to the employees, to gain a competitive advantage over rivals who actually offer health insurance or pay into the city’s Healthy San Francisco program, and to essentially commit fraud against restaurant customers.

“This money belongs to the workers and it’s something that consumers are paying for,” Campos said. “We have a fundamental disagreement.” (Steven T. Jones)

 

ET TU, DAVID CHIU?

In a press release on Oct. 6, mayoral candidate David Chiu stated his concerns over Mayor Ed Lee’s potentially illegal campaign contributions from employees of the GO Lorrie airport shuttle service. That company benefited from a decision by airport officials in September and then offered to reimburse employees for making $500 contributions to Lee, according to a Bay Citizen report.

“These revelations raise deeply troubling questions that merit a full investigation by state authorities. City Hall cannot be for sale. Pay-to-play politics has no place in San Francisco, and will have no place in a Chiu administration — you can count on that,” he said in the release.

But has Chiu — one of the top fundraisers in the mayoral field — been engaging in a little pay-to-play of his own? That was the question we had after we saw that he had received lots of donations from restaurant owners, whose side he took last week in opposing Sup. David Campos’ legislation to keep them from raiding their employee health care funds.

The Golden Gate Restaurant Association (GGRA) waged unsuccessful legal battles against the Health Care Security Ordinance and lobbied against Campos’ recent reforms of its loophole. And in the latest donation cycle, the GGRA donated the maximum $500 to the Chiu campaign. Other Bay Area food services contributed up to $5,950.

So the question remains, despite Chiu’s posturing against “pay-to play politics”— are these food service companies contributing to Chiu’s campaign because he’s doing their bidding in opposing the Campos measure and sponsoring an alternative that lets them keep most of the money?

When Liane Quan, co-owner of SF’s Lee’s Deli, was asked if the health care legislation was a reason she donated, she said, “Yes, that’s one reason.” She then hesitated to elaborate why. Members of the Quan family associated with Lee’s Deli contributed a total of $1,000 to the campaign.

Maurizio Florese, an Italian-speaking co-owner of Mona Lisa’s Restaurant who contributed $100, didn’t want to talk about his contribution or employee health care. Neither did his wife and co-owner, Filomena Florese, who is also President of Mona Lisa Inc., which manufactures chocolate and pastry products.

In fact, despite leaving messages at seven local restaurants who donated to Chiu, none wanted to talk. But we did finally get ahold of Chiu campaign manager Nicole Derse, who said Chiu has a broad array of supporters and his donations from restaurants had nothing to do with his stance on the Campos legislation.

“There definitely is no correlation at all,” she told us. “Any suggestion to the contrary is ludicrous.” (Christine Deakers)

Chronicle taps Chiu, opening up the mayoral field

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David Chiu has snagged the mayoral endorsement of the San Francisco Chronicle, beefing up his fairly paltry list of endorsers and giving his campaign something to trumpet with its hefty cash reserves in the final weeks. Most importantly, the endorsement opens up the race and probably hurts perceived frontrunner Ed Lee.

After the Examiner endorsed Lee as its top pick, it would have solidified the appointed incumbent mayor’s standing as the consensus pick of pro-business centrists – who always have a strong influence in the mayor’s race – if the Chron had also gone that way. But now, both that vote and the Chinese-American vote will be divided, with some of the latter also picked up by Leland Yee, who got the top endorsements of the Labor Council, Sierra Club, and other influential groups.

The Chronicle endorsement probably gives the biggest advantage to Dennis Herrera, who has placed second in most public opinion polls as well as many endorsements, including getting the second place nod in the Guardian, Examiner, Labor Council, Milk Club, San Francisco Democratic Party, and others – an impressive array that covers the full spectrum of San Francisco politics.

Lee, Herrera, and Jeff Adachi also got praised by the Chronicle in a companion editorial entitled “Three other candidates to consider,” and that will also help Adachi with his left-right punch and outsider appeal, making him another candidate who can’t be counted out just yet.

By opening up the mayor’s race and creating a more complicated calculus in the city’s ranked choice voting system, the varied list of endorsements and the dethroning of Lee as a done-deal could also be a boon to John Avalos, the consensus pick of the city’s left who has a long list of first place endorsements (including those of the Guardian, Milk Club, SF Democratic Party, and many others). Avalos could capitalize on the rising frustration with corporate America that is embodied to the Occupy movement, which he has been nearly alone among the mayoral field in actively supporting.

(You can read an Excel file of the endorsements of various San Francisco organizations, which we’ll periodically update, here.)

While the Lee campaign and the many independent expenditure groups that back him are expected to vastly outspend the rest of the field, obscene displays of corporate cash could end up backfiring this year, particularly against the backdrop of OccupySF and the business community’s raid on employee health care funds and deceptive surcharges on restaurant bills, which Chiu and Lee have been supporting.

Bottom line: with four weeks left until Election Day, the mayor’s race is still up for grabs.

Few surprises in Examiner endorsements

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The San Francisco Examiner – a paper with a generally conservative editorial stance, and one that endorsed John McCain for president in 2008 – has endorsed a slate of Establishment candidates for citywide office: Ed Lee for mayor, George Gascon for DA, and Chris Cunnie for sheriff.
That’s not really surprising, but its second and third choices for mayor were: Dennis Herrera second and Bevan Dufty third. Herrera was also the Guardian’s second choice and Dufty was someone we considered for third, choosing instead to go with Leland Yee. As the Examiner wrote, there are lots of qualified candidates in this race, and there were a lot more worrisome ones the paper could have picked.
For a newspaper that often takes ridiculous right-wing stances, such as its editorial last year denying global warming, the mayoral endorsement actually reads fairly reasonably. I don’t agree with its conclusion that Lee’s aversion to politics and business-friendly focus are good things, but I was happy to see the Examiner call out Lee’s cronyism and uncritical praise for bad corporate actors like PG&E.
“We do have some concerns about his ties to former power-brokers and off-the-cuff comments that are now being blasted in negative campaign ads. We implore Lee to work harder to separate himself from those who claim responsibility for his success, for they are just as likely to be responsible for any downfall. We ask that Lee, as we would any mayor to be open and honest about his relationships,” the paper wrote.
And its comments about the other candidates it liked were also pretty much on target. The only real criticism I would offer – and it is a significant one – is that progressive favorite John Avalos didn’t even get mentioned among the eight it discussed. WTF?
Now I’m sure they wouldn’t have had great things to say, given their conservative leanings. But to simply leave Avalos out shows the paper has a disregard and disdain for the left that is a big part of what’s wrong in San Francisco. It’s why our mayor and police chief can make this the first city in the country to launch an aggressive midnight raid on the Occupy Wall Street movement. It’s why the Chamber of Commerce can so shamelessly demand that businesses be allowed to drain the employee health funds that a hard-won city law requires them to provide.
San Francisco is not a progressive city, although a large number of San Franciscans are progressive and they have helped usher in a number of important progressive reforms, from worker and tenants protections to environmental initiatives, often through battles that Avalos helped wage on the people’s behalf.
So to ignore Avalos is to ignore progressives in this city. And they can steal our money or our tents, but we aren’t going away.

Lee seeks to lessen political damage from his promised veto

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Mayor Ed Lee says he will veto legislation that the Board of Supervisors approved yesterday that would have banned San Francisco businesses from keeping money they’re required to set aside for employee health care costs. But he seems to be worried about how that move will be seen by voters, touting his support for a “consensus strategy” that doesn’t yet exist and might not be possible given the fundamentally different way both sides see the issue.

The legislation by Sup. David Campos addresses the $50 million per year that businesses have been taking from their employees’ health savings accounts, which they set up to comply with city law requiring them to cover employee health care costs and which many restaurants subsidize by placing a 3-5 percent surcharge on their customers’ bills.

The San Francisco Chamber of Commerce and opponents of the Campos legislation defend the practice and cast efforts to reserve that money for employee health care as a job-killing loss to the business community, although some have finally come around to calling the practice a “loophole” that should be addressed with minor reforms. Yet labor groups and consumer advocates say businesses have no valid claim to that money, making it difficult to see where this elusive common ground might lie.

Supporters of the legislation – including mayoral candidates Leland Yee, Dennis Herrera, John Avalos, and Phil Ting, as well as Assemblymember Tom Ammiano, who authored the Health Care Security Ordinance as a supervisor – rallied on the steps of the City Hall today, calling for Lee to sign the legislation.

Shortly thereafter, the Mayor’s Office issued a press release with the headline “Mayor Lee Convenes Group to Improve Health Care Access & Protect Job,” announcing a “consensus building effort” that includes business groups and Campos and other supporters of the measure. Campos tells the Guardian that he did get a call from the Mayor’s Office today and he agreed to take part in the effort – just as he did in fruitless negotiations with Chamber officials – but he still has a fundamental disagreement with Lee and other Chamber allies over the issue.

“I talked to the Mayor’s Office about their proposal and I have indicated my concerns,” Campos said. He noted that both Lee’s proposal and another alternative by Board President David Chiu – who was quoted in Lee’s press release saying “I am committed to continuing the collaborative effort to ensure health care access to workers while protecting jobs.” – let businesses profit from money that’s supposed to be dedicated to employee health care

“So far, none of the proposals except for mine ensure that whatever consumers pay goes to health care,” Campos said, expressing confidence that public opinion is on his side. “It’s one of those issues that the more everyday San Franciscans hear what’s happening, the more outraged they are.”

But while Lee and Chiu each use the language of seeking compromise and trying to “close the loophole,” both rely on the basic Chamber paradigm that this money belongs to the businesses and setting it aside for employee health care as city law calls for would hurt “jobs.”

When Lee was asked about the issue by a group of reporters today, he said: “Next week, we’re forging a labor and management entities’ meeting with the Mayor’s Office and supervisors to try to forge changes to the Campos legislation. I cannot sign it the way it is now, because of two reasons. One, it does not focus on the healthcare needs of the employees; and two, it will force the employers to just keep millions of dollars lying around without any use and that will decrease the efforts to create more jobs. So both objectives have to be reflected in the ordinance, and I want to make the changes appropriate for that.”

The first reason seems to ignore the fact that the city is barred by federal ERISA law from telling businesses how to provide health coverage, which is why so many of them opted to create these health savings accounts – which are almost useless for people facing serious medical costs – rather than providing health insurance or paying into the city’s Healthy San Francisco program. And supporters of the legislation simply reject the validity of Lee’s second reason.

“That position is based on a false premise. This money belongs to the workers and it’s something that consumers are paying for,” Campos said. “We have a fundamental disagreement.”

Will Mayor Lee veto legislation that helps workers and protects consumers?

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After the Board of Supervisors today voted 6-5 to bar San Francisco businesses from pocketing money they and their patrons set aside for employee health care, Mayor Ed Lee faces a tough but telling choice: Whether to heed business community demands that he veto legislation that has wide labor and consumer support.
A veto is widely expected, but complicating that decision is the position that was staked out today by one of his main rivals as a mayoral candidate, Leland Yee, who issued a statement echoing supporters claims that this is an issue of workers’ rights and consumer protection versus corporate greed: “This is a defining issue of who we are as a city. If Ed Lee vetoes this legislation, one of my first acts as Mayor will be to reverse his veto and sign this legislation into law.”
Neither Lee’s mayoral nor campaign spokespersons answered a Guardian email about whether he will veto the measure, which would kill it unless two supervisors who opposed the measure (David Chiu, Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener) break ranks, which is unlikely given the polarization on this measure. San Francisco Chamber of Commerce officials have made a top priority of killing the measure, even threatening to withdraw support from Prop. C, the pension reform measure that they helped create with Lee.
At issue is the roughly $50 million per year that San Francisco businesses have been taking from health savings accounts they create for employee health care – funds that are often subsidized by 3-5 percent surcharges that many restaurants have chosen to tack onto their customers bills – under legislation that then-Sup. Tom Ammiano created to require employers to provide health care coverage for their employees.
The position of the Chamber – which fought Ammiano’s legislation and supported years of unsuccessful lawsuits challenging it – is that this $50 million “loss” to city businesses would be a “job killer.” Chiu has also accepted that paradigm and introduced legislation that would let businesses use that money, but require them to let employees know they can tap into it and other reforms. But supporters of the legislation say these businesses are deceiving their customers, defying city law, and stealing from their employees.
“People have tried to complicate this issue, but it is a simple issue. It’s about the right of workers to have health care,” Sup. David Campos, the author of the legislation, said at today’s hearing.
Campos said he would limit his comments, given how widely the issue has already been discussed, and he announced a limitation on how long employees could tap the fund after their termination “in the spirit of compromise.” But then opposing supervisors attacked the measure, its timing, and supporters’ refusal to “compromise,” with Elsbernd chiding Campos that his legislation is “not the best way to encourage jobs.”
So Campos went into more detail about why his measure was needed, noting that Chiu’s alternative would cap an employee’s access to health care at just $4,300, far less than the cost of a night’s hospital stay and a small fraction of the cost of a serious ailment. “You’re looking at a situation where very little could be provided for them,” Campos said.
He also said how important it is to ban the fraudulent practice of restaurants charging customers for employee health care costs and then simply keeping the money, a practice that a recent Wall Street Journal investigation discovered was widespread. Campos said 80 percent of the money collected on diners’ bills is pocketed by the restaurants.
“When consumers are paying for this, the expectation is that workers will have basic coverage,” Campos said, noting that his legislation would guarantee that “every cent that that consumer pays is actually spent on health care…This is not just about workers, it’s about consumer protection.”
Even worse, Campos noted that these consumers are actually paying twice for restaurant employees’ health coverage, first on their dinner bills, and then again as taxpayers when those uninsured employees end up in General Hospital with their expenses paid for by the city.
Under the federal ERISA law – which was the basis for the failed lawsuit challenging the city program, brought primarily by the Golden Gate Restaurant Association – the city cannot tell employers how to provide health coverage, and so they have the option of providing health insurance, paying into the city’s Healthy San Francisco plan, or providing the medical savings accounts that this legislation addresses.
Sup. Jane Kim said she supported the legislation largely because of the horror stories she’s heard from employees who not only weren’t told of the existence of these accounts, but who were denied payment for medical procedures even after they learned about them. She also said the city could be vulnerable to another ERISA lawsuit if it took Chiu’s approach of directing how businesses used their funds, citing an earlier discussion of the board’s role in protecting the city from litigation.
On that issue, Kim today introduced an alternative to legislation by Farrell and Elsbernd that would end the city’s program of providing matching funds to publicly financed mayoral and supervisorial candidates once their privately financed competitors break the spending cap. The US Supreme Court recently ruled a similar program in Arizona to be unconstitutional.
The Chamber and other downtown groups – mostly supporters of Mayor Lee, who are close to breaking the spending limits – had signaled their intent to sue the city over the issue. The Farrell/Elsbernd legislation, which needed eight votes to change the voter-approved program, today failed on a 6-5 vote, with Sups. Campos, Kim, John Avalos, Eric Mar, and Ross Mirkarimi opposed.

CCDC, the Central Subway, and media manipulation (?)

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I talked for some time yesterday with Gen Fujioka, an attorney at the Chinatown Community Development Center (CCDC), about an editorial he wrote criticizing a San Francisco Chronicle story revealing stunningly high payments to CCDC for subcontracting work on the Central Subway. (A better read, we must say, than Randy Shaw’s whining about how he’s a real journalist, he really really is, and it’s a grave injustice that someone denied him a press release.)

Fujioka claimed that the Chronicle had used fuzzy math, saying the per-hour breakdown of payments to the affordable housing nonprofit were lower in reality than the apalling $750 fee reported in the Chron. He said the management meetings listed in the purchase order actually took eight or nine hours per week to prepare for, which would bring the hourly payment closer to $102 an hour, which still strikes us as kind of steep.

Fujioka also took issue with the Chron’s report that CCDC received $25,000 for holding a single meeting.

We asked the city to send us the documents so we could have a look for ourselves. The $25,000 piece refers to two payments listed under “community relations / public outreach management” on the purchase order for CCDC’s subcontracting work with the Central Subway Partnership. CCDC, which is engaged in affordable housing work, will work with low-income tenants who will be uprooted and relocated as a result of Central Subway construction.

Essentially, the city paid CCDC $15,000 to “plan, coordinate, and implement Chinatown community briefings in cooperation with the San Francisco Municipal Transportation Agency (SFMTA),” plus another $10,000 to “collect and analyze input from community briefings, provide written report of recommendations, implement and support staff and social media at 821 Howard.” Next to each of those items is listed “Quantity: 1.” This seems to explain why the Chron reported that the combined payments were $25,000 for one meeting — the first payment was apparently to plan and host the meeting, while the second seemed to be for processing information gleaned from it.

Fujioka stressed that the description referred to briefings, plural, and that the item “is not one meeting — it’s one of that set of activities. The quantity is not ‘1.’ It’s the category of work.”

Other items on the purchase order, which totaled $410,500, show that the affordable housing nonprofit received $8,000 per month to develop and staff a Central Subway Development liason to publicize the transit project and create informational workshops, $35,000 to develop and implement an outreach plan for Chinese-language media, $95,000 to work with the SFMTA to create a public process for coordinating the design of the Chinatown station and transit-oriented development, and $10,000 to “attend meetings for and provide support services to Chinatown Public Art Plan.”

Fujioka claimed the article was an example of the media being used by one mayoral campaign to attack another, and hinted in his editorial that there was some kind of coordinated media campaign against his nonprofit.

The Chron story spurred a press conference by mayoral candidate and Sen. Leland Yee on Monday, who said he was submitting a request for all correspondence between CCDC, Chinatown power broker Rose Pak, and the mayor’s office in light of this information to pin down all instances of waste and abuse relating to the Central Subway. (Of course, he might want to look beyond CCDC — while the nonprofit may have ties with Lee and Pak, you can be sure that Aecom, the general contractor which has already secured multiple city contracts worth millions of dollars, is doing alright for itself in the Central Subway deal too.) Sources from Yee’s campaign told the Guardian that the senator might hold another press conference if he doesn’t get all the information he asked for, but Lee spokesperson Tony Winnicker told me on Monday that the information would be released “within hours.”

Meanwhile, there’s another interesting tidbit buried in this whole flap. The Chron ran a photograph with its article showing a chalkboard at CCDC offices depicting a power map of the city, with Mayor Ed Lee’s name appearing at the top as interim mayor. The caption said the snapshot was taken before Lee was appointed — which would suggest that CCDC had prior knowledge that Lee would be tapped to serve as caretaker mayor. Yet Fujioka claimed the photo was really taken after Lee had already been installed, and said the drawing was simply “a power map of the city, with the new mayor.” There was no timestamp on the grainy photo, so it’s impossible to verify.

So who’s the mystery photographer? The Chron lists it as an anonymous source.

Someone from Herrera’s camp told me that she’d heard rumors the photo was submitted by a “mole from Leland’s camp.” However, a source in Yee’s camp blatantly rejected that idea, telling me he was certain that it didn’t come from anyone working on Yee’s campaign — and had confirmation from campaign manager Jim Stearns to that effect.

Fujioka didn’t name the source, but said he was pretty sure he knew who it was. “We have a pretty strong suspicion it was a visitor to our office who happened to be there on behalf of a developer who was trying to promote a project,” he said. “He actually is a supporter of one of the other candidates.”

Endorsement Interviews: Leland Yee

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State Sen. Leland Yee, who is running for mayor, has been involved in local politics since the 1980s, when he joined the School Board. He’s been a supervisor elected at-large, a district supervisor, a state Assembly member and now a senator. And he stirs up strong passions in the city — supporters of Mayor Ed Lee say they urged him to get into the mayor’s race in part to stop Yee from winning. Yee was a fiscal conservative on the Board of Supervisors, but in Sacramento, he’s been a foe of budget cuts. And he told us he wants to see new revenue — including a city income tax — to make sure that “the people who need services get them.”

You can listen to our interview with Yee and see the video after the jump.

Yee by endorsements2011

A case for Avalos, Yee and Dufty

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OPINION Like all of us, SEIU 1021 can take three dates to the prom when it comes to voting for mayor, but narrowing it down in a field of so many candidates was still challenging. After a month-long process, we arrived at a dual endorsement of Supervisor John Avalos and State Senator Leland Yee for first and second choice, and Supervisor Bevan Dufty for our third choice.

It’s a diverse slate, and the choices are representative of the constituencies, perspectives and priorities in our membership.

Yee’s record on labor issues in Sacramento has been impeccable, and he has long been a staunch supporter of our union, so endorsing him was a no-brainer. The Guardian asked me personally, as I am also a transgender activist, how I could support Leland after his vote against transgender health benefits. Frankly, I was disappointed in how my response was framed.

Leland approached transgender activists a number of years ago and apologized for his vote. Instead of denying or rationalizing like other politicians might do, he had the courage to come to a community meeting of transgender activists, stand in front of us, admit he was wrong, and apologize. For people to continue to attack an individual for having a true change of heart is very discouraging. We would never make any advancement of our rights if we continued to shun those who have come to understand and support the transgender fight for equality. In fact, Yee’s support was critical to the collective effort to save Lyon-Martin, a clinic that is a key service provider for trans folks, after it almost closed earlier this year.

That’s why so many in the transgender community now support Yee so strongly and why he has become an even closer, tested ally through this experience.

SEIU 1021 has always had a very close relationship with John Avalos. Avalos has been a steadfast supporter of crucial social and health- care services, and has been a leader in creating needed progressive revenue measures. But most importantly, John understands how essential jobs are for lifting people out of poverty and stimulating the local economy for everyone in San Francisco.

Last year, he introduced a Local Hire ordinance that is becoming a real jobs generator in our city and a national model. Like many of our members when they first started working for the city, workers hired under the Local Hire ordinance may for the first time have a living-wage job with benefits.

And while some in labor have been critical of this legislation — in fact, it cost him the endorsement of the San Francisco Labor Council — that’s a short-sighted criticism.

As more people are employed in San Francisco with living wage jobs, they spend money in San Francisco, boosting tax revenues and in turn creating more jobs across the city. Moreover, this visionary legislation has other benefits — workers coming from low-income communities bring a new found pride in and community spirit to what could be otherwise economically depressed areas. That’s why SEIU 1021 supports Avalos, and why I am proud to endorse him as well.

Rounding out SEIU’s endorsements in this campaign is former Supervisor Bevan Dufty. Dufty has a history of supporting preserving city services. Some have argued that Dufty can’t handle downtown pressure, and yet, Dufty has consistently supported public power, took a stance against Sit-Lie despite intense pressure, and several years ago, at a critical juncture for Tom Ammiano’s signature health care legislation, Healthy San Francisco, he didn’t blink when we called on him to be our 8th vote. In fact, he committed to the bill, unequivocally, and called on other supervisors, like Fiona Ma, to say it was time. She immediately co-sponsored and eventually it was a unanimous 11-0 vote.

For labor and progressives, Ammiano’s Healthy San Francisco legislation was the single most important piece of legislation of the last decade. And while history has been rewritten, and Lt. Gov. Gavin Newsom now takes credit for the legislation, then-Mayor Newsom did not come on board until after Dufty declared his support, and as the 8th supporter, created a veto-proof majority.

Each of these candidates have shown their capacity to grow and transform as leaders making them the best choices for progressive labor, and we believe for the San Francisco. Whatever you do, you have three votes, make them count. 

Gabriel Haaland is a transgender labor activist and the SEIU 1021 San Francisco political coordinator.

 

The mud flies

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Dennis Herrera is out with an ad attacking Ed Lee — and it’s just the beginning of what we’re going to see as the top-tier candidates try to knock the front-runner down.

All the credible polls show Lee at least 10 points out in front. They also show that he has about 30 percent of the voters — which means 70 percent are either undecided or like another candidate. So he’s hardly invincible.

But with so many candidates in the race — most of them competing in the mashup in the middle, without strikingly different policy ideas — the strategists for Leland Yee, Jeff Adachi and Herrera have all decided that attack ads are in order. And the ads all seem to have the same basic theme: Lee is controlled by outside interests.

“Ed Lee says he gets things done,” the new Herrera ad says. “But what’s he doing — and who’s he doing it for?”

There’s a picture of Lee and Rose Pak. There’s a swipe at the Central Subway. There’s a pretty damning charge about Lee trying to raise garbage rates and then getting campaign help from Recology, the local garbage monopoly. And there’s an obvious shot at Lee for calling PG&E “a great corporation.”

The ad ends with some odd Republican lapel pins on the jackets of some unidentified dark-suited gentlemen as the voice-over says:

“Ed Lee’s getting it done — for his friends and his contributors, not for us.”

Hmmm. I didn’t see the Republican connection, but Matt Dorsey, Herrera’s press person, told me that one of the independent expenditure committees raising soft money for Lee is run by a big Republican player. Not sure how many people will get that — but on the other hand, there’s just so much in this ad. The Herrera camp has to figure some of it will stick.

Nothing new, really,  nothing others haven’t brought up. But it’s just the start; expect a lot more trash talk over the next few weeks as Lee tries to stay above the fray and his opponents try to force him to fight.

 

Is Peskin plotting a comeback/payback?

36

Many progressives have been disappointed in Board President David Chiu, particularly after his pivotal role in putting Ed Lee into the Mayor’s Office and stacking key board committees with moderates, as well as his controversial swing votes on Parkmerced and other projects. But nobody has been more disappointed than Chiu’s predecessor and one-time mentor, Aaron Peskin (as we detailed in a cover story earlier this year).

Now, knowledgable sources tell the Guardian that Peskin is seriously considering running against Chiu next year for his old District 3 seat on the Board of Supervisors — and that Peskin recently told Chiu that directly — although neither of them is commenting on the record.

So far, Chiu’s run for mayor doesn’t really appear to be catching fire, with Lee leading and only Dennis Herrera, Leland Yee, or Jeff Adachi exhibiting a credible chance of catching him. With many progressive activists actively searching for someone to run against Chiu next year (as Peskin said about another matter, “payback is a bitch”), Chiu is rumored to be eyeing a run for Tom Ammiano’s Assembly seat (which fellow Sup. David Campos is also said to be looking at, probably with Ammiano’s blessing if it happens), either next year or when Ammiano is termed out in 2014.

But Chiu campaign manager Nicole Derse dismisses such speculation, telling us, “The only thing David Chiu is running for is Mayor of San Francisco.  He is not thinking about the 2012 re-election for Supervisor and he is certainly not thinking for a minute about the Assembly race.  If Aaron Peskin decides to run in District 3 next year, it is a free country.”

SF Labor Council makes surprising dual endorsements

5

The San Francisco Labor Council made a pair of dual endorsements last night that reflect the wide ideological range of local unions — stretching from the progressive SEIU Local 1021 that represents city workers to the more conservative members of the trade unions — as well as the power of behind-the-scenes politicking.

For mayor, the council made a dual endorsement of Leland Yee — who secured an early endorsement from the trade unions and has significant progressive support as well — and Dennis Herrera, whose supporters deftly worked to secure the long-shot endorsement for his ascendant campaign.

Similarly, the council gave a dual endorsement in the sheriff race to Ross Mirkarimi, the progressive candidate who has a long list of labor union endorsements, and Chris Cunnie, whose base of support is the police unions and other more conservative groups and individuals. There was no endorsement in the DA’s race.

So how did Herrera and Cunnie manage to land such influential support despite having secured only a few endorsements from individual labor unions? Several of those in attendance wondered the same thing, but several sources say both dual endorsements were engineered by Labor Council President Mike Casey, who heads UNITE-HERE Local 2, whose hotel worker members have been locked in a bitter labor dispute with the big hotel corporations. Casey did not immediately return a call for comment, but I’ll update this post if and when I hear back.   

Finally, sunshine at UC, CSU

3

Finally, after three years, a bill that would open up the secret foundation records at University of California, Cal State University and community college campuses has been signed into law.

The bill, by Senator Leland Yee, ends a sorry chapter in the history of the state’s public higher-education system, culminating in the refusal of CSU Stanislaus to make public a lucrative speaking contact with Sarah Palin.

These little hands-off foundation fiefdoms can be hotbeds of problems — the City College Foundation was part of a scandal that has lead to criminal charges against the former chancellor, Philip Day. And at the heart of all of this is secrecy: These sorta, kinda, but not really official parts of the UC, CSU and community college systems have been operating without enough oversight for years — and they have insisted that they aren’t public institutions and thus are exempt from public records laws.

Yee has been trying to open up this sleaze pit since 2009, but the former governor, Arnold Schwarzenegger, vetoed two previous versions. 

The law doesn’t actually take effect until January. The schools all ought to start opening their records today.

Central subway becomes issue in mayor’s race

19

The central subway — for years, one of those San Francisco projects that almost everyone in local politics supported — has suddenly become a major issue in the mayor’s race.


After a blistering civil grand jury report (PDF) saying that the project has become too expensive and will take cash away from Muni’s other priorities, some city officials and transit activists, including those who once were backers of the subway, are now saying it’s time to call the whole thing off.


City Attorney Dennis Herrera was the first major candidate out of the box to denounce the project, telling the Chronicle that the subway has “ceased to be a prudent investment” and that it’s time to pull the plug. It’s likely that Herrera will continue to push Mayor Ed Lee on the cost of the project and its transit value, and the other candidates will have to figure out where to go.


There’s no question — this is an expensive proposition, $1.6 billion for a 1.7-mile line. Most of the financing is also federal and state money, meaning San Francisco’s only on the hook for a little more than $100 million — as long as the construction comes in at or under budget.


And powerful players like AECOM stand to make huge amounts of money off the deal.


At the same time, almost all of Chinatown is united behind it. “The community has been working on this for a long time. It’s the first thing we’ve all worked on together,” Rev. Norman Fong, who is about to take over as director of the Chinatown Community Development Center, told me. Supporters of the subway started some 20 years ago, and collected 20,000 signatures supporting a new transit option in a community where the vast majority of residents are transit-reliant. A delegation of seniors and tenant leaders went to Washington, D.C. to lobby for it. “And everyone in town signed off on it in 2008, when the cost was $1.2 billion,” Fong said.


It makes for strange politics — most of the same people who are really pushing the central subway are trying to stop state Sen. Leland Yee from becoming mayor — but Yee is also a strong proponent of the subway. David Chiu is, also, telling me that the grand jury just “rehashed arguments that we’ve heard before” and that there’s “enormous funding from the federal government.”


I have yet to hear from John Avalos, but this one is not going away.  


 

Editorial: Mayor Ed Lee: Keeping City Hall safe for PG&E

15

Mayoral candidates Dennis Herrera, John Avalos and Leland Yee blast Lee’s pro-PG&E comments (in postscript)

Pacific Gas and Electric Company is the number one corporate criminal in San Francisco. The company’s malfeasance caused the deaths of eight people and destroyed an entire neighborhood in San Bruno last year. The National Transportation Safety Board, in a report issued August 30, denounced PG&E’s “integrity management program without integrity” and blasted the company’s efforts to “exploit weakness in a lax system of oversight.”

That doesn’t even address the fact that PG&E has been operating an illegal monopoly in San Francisco for more than 80 years, engaging in an ongoing criminal conspiracy to violate the federal Raker Act. Or the fact that the utility spent $50 million of ratepayer money on a ballot initiative aimed at eliminating consumer choice in the electricity market.

So why was Mayor Ed Lee out at a PG&E public relations event Sept. 1 praising the “great local corporation” as a “great company that gets it?”

Well, the mayor’s campaign press spokesperson, Tony Winnicker, says that PG&E was at the event to donate $250,000 to a program for at-risk youth, and that the mayor was only recognizing that, for all its flaws, the utility “also [does] something good for our public schools and low-income kids.”

That’s not enough, and that’s not acceptable — and the mayor should apologize to the residents of San Francisco, San Bruno and everyplace else in California where the giant corporation has done serious and lasting damage.

It’s nice that PG&E gave a contribution to a program that helps Soma kids learn to read and to play baseball. We support the RBI program and its goals. Never mind that the $250,000 is about 0.005 percent of the money that the utility spent trying to block public power in California. Never mind that PG&E pays such a low franchise fee that it robs of city of millions of annual tax dollars that could fund programs like this one. It still sounds like a large sum, and to the nonprofit program at Bessie Charmichael School, it is.

But there’s a reason PG&E gives money to community groups and programs like this all over town — it’s a way to buy support and respect. Corporate largess of this sort is a relatively cheap public relations strategy — and for the mayor not to see that is embarrassing.

It’s a particularly notable conflict of interest, too — Lee’s top patron and biggest political supporter, Willie Brown (who knows a bit about corruption himself) has been on PG&E’s payroll as a private attorney for the past several years, earning about $200,000 a year.

Most of the candidates for mayor have been taking a gentle approach to Lee, and that makes a certain amount of sense — in a ranked-choice voting environment, negative campaigning often backfires. But there’s nothing inappropriate about saying that the mayor of San Francisco has damaged his own reputation and the reputation of the city by allowing himself to be used at a PR tool by PG&E. Remember: He didn’t just show up and thank the utility for the money. He called PG&E a “great local corporation,” which is, quite simply, false. This ought to become an issue in the race, and Lee should be forced to explain his position on public power, his ties to Brown and PG&E, his positon on  community choice aggregation, his willingness to kick  the PG&E-friendly  commissioners off the PUC and appoint credible public power advocates  and to put aside decades  of  City Hall malfeasance in the name of a small contribution.

P.S. As the Sept. 2 Examiner put it neatly in its headline, “Mayor, PG&E engage in baseball diplomacy, Utility donates to youth program in wake of NTSB criticism.”
Amy Crawford’s excellent heads-up  story noted that Lee “also heaped praise on PG&E, which announced a $250,000 loan to RBI “

Then she quoted Lee as saying without gulping or blushing, “Isn’t  that a wonderful contribution from a great local corporation? They’re a great company that gets it.”

Crawford put the quote in the proper context: “PG&E”s generosity came just two days after the National Transportation Safety Board blamed it for a deadly San Bruno gas line explosion one year ago.  The blast and subsequent fire destroyed a neighborhood, killing eight.”

As usual, PG&E downplayed the tragedy by calling it all just a “coincidence.”  She quoted Joe Molica, the PG&E spokesman, as saying,  “We’re really here to talk about kids.” Crawford wrote that Molica declined to “discuss the damning criticism.”  Three mayoral candiates promptly blasted Lee for his telling remarks. Three candidates for mayor promptly blasted Lee’s pro-PG&E remarks.

City Attorney Dennis Herrera  said the next day  that  “Ed Lee’s lavish praise for PG&E as ‘a great corporation’ on the eve of the one-year anniversary of the San Bruno tragedy, just days after federal regulators blamed the utility for a ‘litany of failures’ that claimed eight lives, is unconscionable,” said Herrera. “It shows insensitivity to victims’ families, and poor judgment for allowing his office to be used as a corporate PR tool. No less troubling, it ignores the serious work my office and others have done to protect San Franciscans from PG&E’s negligence, to prevent further explosions like those in San Bruno last year and in Cupertino on Wednesday. The interim Mayor should reassess his laudatory view of PG&E, and apologize to San Bruno victims’ families.”. http://herreraformayor.com/2011/09/herrera-criticizes-ed-lees-lavish-praise-pge-eve-oneyear-anniversary-san-bruno-blast/

Sup. John Avalos also  said the next day  that  “Ed Lee called PG&E a “great corporation” yesterday–a great corporation who spent $50 million last year trying to pass a ballot measure that would ensure their monopoly in places like San Francisco instead of repairing and inspecting pipes like the one that caused this terrible destruction.  Now this “great” corporation wants its customers to foot the bills for its negligence and bad practices?  Ed Lee says that this corporation “gets it.”  PG&E seem to “get” that a symbolic donation to a charity at the height of their unpopularity might help their rate-payers forget the catastrophic results of their negligence and bad practices ”  http://avalosformayor.org/2011/09/breaking-ed-lee-praises-pge-for-being-great-avalos-responds/s

State Sen. Leland Yee later  said that  “Obviously Ed Lee doesn’t understand that words matter. Eight of my constituents died and dozens lost their homes a year ago, and that is why I passed legislation to help those affected families try rebuilding their lives and why I am now pushing legislation to hold PG&E accountable. Rather than praising PG&E, the interim mayor should be calling on the Governor to sign the numerous bills to force the private utility to do what they have failed to do for decades – proper technology, inspection, and safety.”

And so Mayor  Lee has publicly demonstrated that he doesn’t get it and that he is poised to wallow in the Willie Brown sleaze of keeping City Hall safe for PG&E and its allies. Let’s keep the pressure on.  B3

 

 

 

 

 

Where’s the “tax the rich” move in SF?

20

Warren Buffett may have actually set off a movement with his NY Times oped calling for higher taxes on the rich. That’s what Carla Marinucci, who is not known as a socialist radical, reports today in the Chronicle. 


Billionaire Warren Buffett may not seem to have much in common with angry laborers at town hall meetings or armies of California nurses protesting in the streets.


But these days, the executive celebrity in his boardroom and working folks on the front lines have found a common mantra as the economy continues to sputter and the 2012 election approaches: “Tax the rich.”


It’s a great time to be talking about this — The Institute for Policy Studies just released a report showing that a lot of major corporations paid their CEOs more money last year than they paid in federal taxes. And as the economy continues to sputter, voters are going to keep asking why the rich are doing so well and the rest of us are doing worse and worse.


So let’s make this the center of the mayor’s race in San Francisco.


The nurse’s union is taking on the tax issue directly. The nurses’ candidate for mayor of San Francisco, Leland Yee, doesn’t even mention “taxes” on his list of issues in the race.


Progressive leader John Avalos talks about bringing in $40 million in new revenue, and he has told me many times that he supports taxing the rich. But those words aren’t on his issues page, either. Phil Ting supports repealing part of Prop. 13, but his website talks only of bringing in new revenue without raising taxes. David Chiu wants to reform the business tax, which is a good idea — but again, the word “tax” isn’t on his issue list, and there’s nothing about the rich at all. Bevan Dufty? Nothing about taxes at all. Ed Lee? Zero.


The only leading candidate whose website actually mentions tax reform as a leading issue is Dennis Herrera, who mentions repealing the payroll tax and holding a “tax summit.” His analysis of the payroll tax is dubious, but at least he uses the word “fair.” He doesn’t, however, use the word “rich.”


So here was have the mainstream of the Democratic Party and even ol’ Nancy Pelosi talking about making the wealthy pay their fair share, and in San Francisco, which is supposed to be the most liberal big city in America, it’s not even on the agenda.


Am I the only one who thinks this is a problem?


P

Editor’s Notes

6

tredmond@sfbg.com

I have friends — progressives, activists, good people — who support Ed Lee for mayor. They tell me that Lee is accessible, that he listens to labor and grassroots community groups, that he’s going to be good on a lot of issues and that, compared to the mayors we’ve had in the past 30 years or so, he won’t be all that bad.

I respect that. I understand. But I try to remind them, and anyone else who’s listening, that the years when Willie Brown ran this town were really, really bad.

At the height of the Brown era, during the dot-com boom, hundreds of evictions were filed every single month. Thousands and thousands of low-income and working-class tenants were displaced, tossed out of San Francisco forever. Blue-collar jobs were destroyed as high-tech offices took over industrial space. Every single developer who waved money at the mayor got a permit, no matter how ridiculous, dangerous or crazy the project was.

In 1999, Paulina Borsook wrote a famous piece for Salon called “How the Internet ruined San Francisco.” But the Internet was just technology; what damaged this city so badly was a mayor who didn’t care what happened to the most vulnerable populations. At one point, Brown even said that poor people shouldn’t live in this city. We called his policies “the economic cleansing of San Francisco.”

He controlled local politics — brutally. If you didn’t kiss the mayor’s ring, you were crushed. He announced one day that the supervisors (then elected citywide) were nothing but “mistresses who have to be serviced” — and since most of them were utterly subservient to Brown, they didn’t even complain. Only one person on the board — Tom Ammiano — regularly defied the mayor; occasionally, Leland Yee and Sue Bierman joined him. But that was it.

The corruption was rampant. People who paid to play got in the door; nobody else came close. You did a favor for Brown and you got a commission appointment or a high-paid job, even if you weren’t remotely qualified.

The ones who suffered most were the poorest residents, particularly tenants, particularly on the east side of town. Brown didn’t seem to care that his appointments, deals and policies were causing terrible pain on the ground; it was as if politics was just a fun game, as if he were some sort of royal potentate, partying in the executive suites and ignoring what was happening on the streets.

There are people who believe that Ed Lee can be independent of Brown, and I hope they’re right. But Lee and Brown are close, and Brown helped put him in office — and the thought of even a small part of that rotten era of sleaze coming back makes me very, very nervous.

The real Leland Yee

53

tredmond@sfbg.com

It’s early January 2011, and the Four Seas restaurant at Grant and Clay is packed. Everyone who is anyone in Chinatown is there — and for good reason. In a few days, the Board of Supervisors is expected to appoint the city’s first Asian mayor.

The rally is billed as a statement of support for Ed Lee, the mild-mannered bureaucrat and reluctant mayoral hopeful. But that’s not the entire — or even, perhaps, the central — agenda.

Rose Pak, who describes herself as a consultant to the Chinese Chamber of Commerce but who is more widely known as a Chinatown powerbroker, is the host of the event. She stands in front of the room, takes the microphone, and, in Cantonese, delivers a remarkable political speech.

According to people in the audience, she says, in essence, that the community has come out to celebrate and support Ed Lee — but that’s just the start. She also urges them not just to promote their candidate — but to do everything possible to prevent Leland Yee from becoming mayor.

She continues on for several minutes, lambasting Yee, the state Senator who lived in Chinatown as a child, accusing him of about every possible political sin — and turning the Lee rally into an anti-Yee crusade. And nobody in the crowd seems terribly surprised.

Across Chinatown, from the liberal nonprofits to the conservative Chamber of Commerce, there’s a palpable fear and distrust of the man who for years has been among San Francisco’s most prominent Asian politicians — and who, had Lee not changed his mind and decided to run for a full term this fall, was the odds-on favorite to become the city’s first elected Chinese mayor.

The reasons for that fear are complex and say a lot about the changing politics of Asian San Francisco, the power structure of a city where an old political machine is making a bold bid to recover its lucrative clout — and about the career of Yee himself.

Senator Leland Yee is a political puzzle. He’s a Chinese immigrant who has built a political base almost entirely outside of the traditional Chinatown community. He’s a politician who once represented a deeply conservative district, opposed tenant protections, voted against transgender health benefits and sided with Pacific Gas and Electric Co. on key environmental issues — and now has the support of some of the most progressive organizations in the city. He’s taken large sums of campaign money from some of the worst polluters in California, but gets high marks from the Sierra Club.

His roots are as a fiscal conservative — yet he’s been the only Democrat in Sacramento to reject budget compromises on the grounds that they required too many spending cuts.

He’s grown, changed, and developed his positions over time. Or he’s become an expert at political pandering, telling every group exactly what it wants to hear. He’s the best chance progressives have of keeping the corrupt old political machine out of City Hall — or he’s a chameleon who will be a nightmare for progressive San Francisco.

Or maybe he’s a little bit of all of that.

 

Leland Yin Yee was born in Taishan, a city in China’s Guangdong province on the South China Sea. The year was 1948; Mao Zedong’s Communist Party of China had taken control of much of the countryside and was moving rapidly to take the major cities. The nationalist army of General Chiang Kai-Shek was falling apart, and Yee’s father, who owned a store, decided it was time for the family to leave.

The Yees made it to Hong Kong, and since Mee G. Yee had previously lived in the United States and served in the U.S. Army during World War II, he was ultimately able to move the family to San Francisco. In 1951, the three-year-old Leland Yee arrived in Chinatown.

For four years, Yee lived with his sister and mother in a one-room apartment with a shared bathroom while his father worked as a sailor in the merchant marine. It was, Yee recalled in a recent interview, a tight, closed, and largely self-sufficient community.

“The movie theater, the shoe store, the barber shop, food — everything you needed you could get in Chinatown,” Yee said. “You never had to leave.”

Of course, after a while, Yee and his mom started to venture out, down Stockton Street to Market, where they’d shop at the Emporium, the venerable department store. “It was like walking into a different country,” he said. “If you didn’t know English, they didn’t have time for you.”

Yee, like a lot of young Chinese immigrants of his era, put much of his time into his studies — in the San Francisco public schools and in a local Chinese school. “My mom spoke a village dialect, and we had to learn Cantonese,” he said. “Every little kid had to go to Chinese school. We hated it.”

When Yee was eight, his parents managed to buy a four-unit building on Dolores Street, and the family moved to the Mission, where he would spend not only the rest of his childhood but much of his early adult life. He graduated from Mission High School, enrolled in City College, studied psychology and after two years won admission to UC Berkeley.

Berkeley in 1968 was a very different world from Chinatown and even the relatively controlled environment he’d experienced at home in the Mission. “You didn’t protest in school. You’d have been sent home, and your mother would kill you,” he said.

At Berekely, all hell was breaking loose, with the antiwar protests, the People’s Park demonstrations, the campaign to create a Third World College (which led to the first Ethnic Studies Department), and a general attitude of mistrust for authority. “I developed a sense of activism,” Yee said. “I realized I could speak out.”

That spirit quickly vanished when Yee lost faith in some of his fellow activists. “People would work with us, then get into positions of power and use that against you,” he recalled. “A lot of my friends said ‘forget it.’ I left the scene.”

Yee once again devoted his energy to school, earning a masters at San Francisco State University and a Ph.D in child psychology from the University of Hawaii. Along the way, he met his wife, Maxine.

With his new degree, the Yees moved back to San Francisco — and back in with his parents at the Dolores property, where he, Maxine and a family that would grow to four kids would live for more than a decade.

 

Yee worked as a child psychologist for the San Francisco Department of Public Health, starting the city’s first high school mental-health clinic. He went on to become a child psychologist at the Oakland Unified School District, then joined a nonprofit mental health program in San Jose.

In 1986, Yee decided to get active in politics for the first time since college, and ran for the San Francisco School Board. He lost — and that would be the only election he would ever lose. In 1988, he won a seat, and established himself as an advocate for students of color, fighting school closures in minority neighborhoods. He also tried to get the district to modify its harsh disciplinary rules, arguing against mandatory expulsions.

On fiscal issues, though, Yee was a conservative. For his first term, despite the brutal cutbacks of the recession of the late 1980s and early 1990s, he insisted that the district make do with the money it had. His solution to the red ink: Cut waste. Only in 1992, when he was up for re-election, did he acknowledge that the district needed more cash; at that point, he supported a statewide initiative to tax the rich to bring money to the schools.

The sense of fiscal conservatism — of holding the line on taxes, but mandating open and fair contracting procedures and tight financial controls — was a hallmark of much of his political career. When the Guardian endorsed him for re-election to the board in 1992, we wrote that “there’s real value in his continuing vigilance against administrative fat and favoritism in contracts.”

Over the next four years, Yee worked with then-Superintendent Waldemar “Bill” Rojas, a deeply polarizing figure who pushed his own personal theory of “reconstitution” — firing all the staff at low-performing schools — and later was enmeshed in a scandal that led to prison time for a contractor he’d hired. Yee told me he was the only board member to vote against hiring Rojas, but people who were watching the board closely back then say he didn’t always stand up to the superintendent.

He also became what some say was a bit too close with Tim Tronson, a consultant hired by the district as a $1,000-a-day facilities consultant. Tronson wound up getting indicted on 22 counts of grand theft, embezzlement, and conspiracy in a scheme to steal $850,000 from the schools, and was sentenced to four years in state prison.

In 1998, when some school board members wanted to build housing for teachers on property that the district owned in the Sunset, Yee led the opposition — with Tronson’s help. At one meeting at Sunset Elementary School, Yee went so far as to say, according to people present, that “Tim Tronson is my man, and I rely on him for advice.”

Yee acknowledged that he worked closely with Tronson to defeat that housing project. “He was the facilities manager,” Yee explained, “and I said that I trusted his judgment.”

 

Yee has either a great sense of political timing or exceptional luck. He ran for the Board of Supervisors in 1996, facing one of the weakest fields in modern San Francisco history. He was the only Chinese candidate and one of just two Asians (the other, appointed incumbent Michael Yaki, barely squeaked to re-election). In an at at-large election with the top five winning seats, Yee came in third, with 103,000 votes.

He was never a progressive supervisor. In 2000, the Guardian ranked the good votes of what we referred to as Willie Brown’s Board, and Yee scored only 43 percent. He was against campaign finance reform. He supported the brutal gentrification and community displacement represented by the Bryant Square development. He voted to kill a public-power feasibility study and opposed the Municipal Utility District initiative. He opposed a moratorium on uncontrolled live-work development.

In 2002, Yee was one of only three supervisors to oppose Proposition D, a crucial public-power measure that would have broken up PG&E’s monopoly in the city. He stood with PG&E (and then-Sups. Tony Hall and Gavin Newsom) in opposition to the measure, then signed a pro-PG&E ballot argument packed with PG&E lies.

When I asked him about that stand, Yee at first didn’t recall opposing Prop. D, but then said he “stood with labor” on the issue. In fact, the progressive unions didn’t oppose Prop. D at all; the opposition was led by PG&E’s house union, IBEW Local 1245.

Yee was particularly bad on tenant issues. He not only voted to deny city funding for the Eviction Defense Collaborative, which helped low-income tenants fight evictions; he actually tried to get the city to put up money for a free legal fund to help landlords evict their tenants. He opposed a ballot measure limiting condo conversions. He opposed a measure to limit the ability of landlords to pass improvement costs on to their tenants.

In 2001, Yee voted to uphold a Willie Brown veto of legislation to limit tenancies in common, a backdoor way to get around the city’s condo conversion ordinance. Only Hall and Newsom, then the most conservative supervisors on the board, joined Yee. At one point, he started asking whether the city should consider repealing rent control.

He opposed an affordable housing bond in 2002, joining the big landlord groups in arguing that it would raise property taxes. Every tenant group in town supported the measure, Proposition B; every landlord group opposed it.

I asked Yee about his tenant record, and he told me that he now supports rent control. But he said that he was always on the side of homeowners and small landlords, and that property ownership was central to Chinese culture. “I was responding to the Chinese community and the West Side,” he said.

He wasn’t much of an environmentalist, either — at least not in today’s terms. He was one of the only city officials to support a “Critical Car” rally in 1999, aimed at promoting the rights of vehicle drivers (and by implication, criticizing Critical Mass and the bicycle movement).

His record on LGBT issues was mixed. While he supported a counseling program for queer youth when he was on the school board, he also supported JROTC, angering queer leaders who didn’t want a program in the public schools run by, and used as a recruiting tool for, the military, which at that point open discriminated against gay and lesbian people.

 

 

Yee was also one of only two supervisors who voted in 2001 against extending city health benefits to transgender employees.

That was a dramatic moment in local politics. Nine votes were needed to pass the measure, and while eight of the supervisors were in favor, Yee and Hall balked. At one point, Board President Tom Ammiano had to direct the Sheriff’s Office to go roust Sup. Gerardo Sandoval, who was ducking the issue in his office, to provide the crucial ninth vote.

Yee didn’t just vote against the bill. According to one reliable source who was there at the time, Yee spoke to a community meeting out on Ulloa Street in the Sunset and berated his colleagues, quipping that the city should have better things to do than “spend taxpayer money on sex-change operations.”

It was a bit shocking to trans people — Yee had, over the years, befriended some of the most marginalized members of what was already a marginalized community. “There was one person at the rail crying, saying ‘Leland, how could you do this to us,'” Ammiano recalled.

The LGBT community was furious with Yee. “I didn’t speak to him for at least a year,” Gabriel Haaland, one of the city’s most prominent transgender activists, told me.

Yee now says the vote was a mistake — but at the time, he told me, he was under immense pressure. When he voted for the queer youth program, he said, “the elders of the Chinese community ripped me apart. They called my mother’s friends back in the village [where he was born] and said her son was embarrassing the Chinese community.”

That must have been difficult — and he said that “if I had known the pain I had caused, I wouldn’t have voted that way.” But it was hard to miss that pain his vote caused.

On the other hand, people learn from their experiences, attitudes evolve, we all grow up and get smarter, and the way Yee describes it, that’s what happened to him.

In 2006, when he was running for state Senate, Yee met with a group of trans leaders and formally — many now say sincerely — apologized. It was an important gesture that made a lot of his critics feel better about him.

“He didn’t have to do that,” Haaland said. “People change, and he paid for his crime, and that’s genuine enough for me.”

As a former school board member, Yee kept an interest in the schools — but not always a healthy one. At one point, he actually proposed splitting SFUSD into two districts, one on the (poorer) east side of town and one on the (richer) west. “We strongly opposed that,” recalled Margaret Brodkin, who at the time ran Coleman Advocates for Children and Youth. “Eventually he dropped the idea.”

For all the problems, in his time on the Board of Supervisors, Yee developed a reputation for independence from the Brown Machine, which utterly dominated much of city politics in the late 1990s. His weak 43 percent rating on the Guardian scorecard was actually third-best among the supervisors, after Ammiano and the late Sue Bierman.

In 1998, he was one of the leaders in a battle to prevent the owners of Sutro Tower from defying the city’s zoning administrator and placing hundreds of new antennas on Sutro Tower. He, Bierman, and Ammiano were the only supervisors opposing Brown’s crackdown on homeless people in Union Square.

When he ran in the first district elections, in 2000, against two opponents who had Brown’s support and big downtown money, the Guardian endorsed him, noting that while he “can’t be counted on to support worthy legislation … He’s one of only two board members who regularly buck the mayor on the big issues.”

(He never liked district elections, and used to take any opportunity to denounce the system, at times forcing Ammiano to use his position as president to tell Yee to quit dissing the electoral process and get to the point of his speech.)

 

In 2002, the westside state Assembly district seat opened up, and both Yee and his former school board colleague Dan Kelly ran in the Democratic primary. Yee won, and went on to win the general election with only token opposition.

His legislative record in the Assembly wasn’t terribly distinguished. Yee never chaired a policy committee — although he did win a leadership post as speaker pro tem. And he cast some surprisingly bad votes.

In 2003, for example, then-Assemblymember Mark Leno introduced a bill that would have exempted single-room occupancy hotels from the Ellis Act, which allows landlords to evict tenants for no reason. Yee refused to vote for the bill. Leno was furious — he was one vote short of a majority and Yee’s position would have doomed the bill. At the last minute, a conservative Republican who had grown up in an SRO hotel voted in favor.

When he ran for re-election in 2004, we noted: “What’s Leland Yee doing up in Sacramento? We can’t figure it out — and neither, as far as we can tell, can his colleagues or constituents. He’s introduced almost no significant bills — compared, for example, to Assemblymember Mark Leno’s record, Yee’s is an embarrassment. The only high-profile thing he’s done in the past several years is introduce a bill to urge state and local governments to allow feng shui principles in building codes.”

In 2006, Yee decided to move up to the state Senate, and he won handily, beating a weak opponent (San Mateo County Supervisor and former San Francisco cop Mike Nevin) by almost 2-1. His productivity increased significantly in the upper chamber — and in some ways, he moved to the left. He’s begun to support taxes — particularly, an oil severance tax — and when I’ve questioned him, he somewhat grudgingly admits that Prop. 13 deserves review.

He’s done some awful stuff, like trying to sell off the Cow Palace land to private developers. But he has consistently been one of the best voices in the Legislature on open government, and that’s brought him some national attention.

Yee has been a harsh critic of spending practices and secrecy at the University of California, and when UC Stanislaus refused in 2010 to release the documents that would show how much the school was paying Sarah Palin to speak at a fundraiser, Leland flew into action. He not only blasted the university and introduced legislation to force university foundations to abide by sunshine laws; he worked with two Stanislaus students who had found the contract in a dumpster and made headlines all over the country.

He’s fought for student free speech rights and this year pushed a bill mandating that corporations that get tax breaks for job creation prove that they’ve actually created jobs — or pay the tax money back. He’s also won immense plaudits from youth advocates and criminal justice reformers for his bill that would end life-without-parole sentences for offenders under 18.

Along the way, he compiled a 100 percent voting record from the major labor unions, including the California Nurses Association and SEIU, and with the Sierra Club. All three organizations have endorsed him for mayor.

Yee told me that he thinks he’s become more progressive over the years. “My philosophy has shifted,” he said.

Yet when you talk to his colleagues in Sacramento, including Democrats, they aren’t always happy with him. Yee has a tendency to be a bit of a loner — he’s never chaired a policy committee and in some of the most bitter budget fights, he’s refused to go along with the Democratic majority. Yee insists that he’s taken principled stands, declining to vote for budget bills that include deep service cuts. But the reality in Sacramento is that budget bills have until this year required a two-thirds vote, meaning two or three Republicans have had to accept the deal — and losing a Democratic vote has its cost.

“You have to give up all sorts of things, make terrible compromises, to get even two Republicans,” one legislative insider told me. “When a Democrat goes south, you have to find another Republican, and give up even more.”

In other words: It’s easy to take a principled stand, and make a lot of liberal constituencies happy, when you aren’t really trying to make the state budget work.

 

I met Rose Pak on a July afternoon at the Chinatown Hilton. She brought along her own loose tea, in a paper package; the waitress, who clearly knew the drill, took it back to the kitchen to brew. Pak and I have not been on the greatest of terms; she’s called the Guardian all kinds of names, and I’ve had my share of critical things to say about her. But on this day, she was polite and even at times charming.

After we got the niceties out of the way (she told me I was unfair to her, and I told her I didn’t like the way she and Willie Brown played politics), we started talking about Yee. And Pak (unlike some people I interviewed for this story) was happy to speak on the record.

She told me Yee had “no moral character.” She told me she couldn’t trust him. She told me a lot of stories and made a lot of allegations that we both knew neither she nor I could ever prove.

Then we got to talking about the politics of Chinatown and Asians in San Francisco, and a lot of the animosity toward Yee became more clear.

For decades, Chinatown and the institutions and people who live and work there have been the political center of the Chinese community. Nonprofits like the Chinatown Community Development Center have trained several generations of community organizers and leaders. The Chinese Chamber of Commerce, the Six Companies, and other business groups have represented the interests of Chinese merchants. And while the various players don’t always get along, there’s a sense of shared political culture.

“In Chinatown,” Gordon Chin, CCDC’s director, likes to say, “it’s all about personal connections.”

There’s a lively infrastructure of community-service programs, some of which get city money. There’s also a sense that any mayor or supervisor who wants to work with the Chinese community needs to at least touch base with the Chinatown establishment.

Yee doesn’t do that. “He doesn’t give a shit about them,” David Looman, a political consultant who has worked with many Chinese candidates over the years, told me.

Yee’s Asian political base is outside of Chinatown; he told me he sees himself representing more of the Chinese population of the Sunset and Richmond and the growing Asian community in Visitacion Valley and Bayview.

Pak is connected closely to Brown, who Yee often clashed with. For Pak, Brown, and their allies, strong connections to City Hall mean lucrative lobbying deals and public attention to the needs of Chinatown businesses. Then there’s the nonprofit sector.

CCDC and other nonprofits do important, sometimes crucial work, building and maintaining affordable housing, taking care of seniors, fighting for workers rights, and protecting the community safety net. Yee, Pak said, “has never shown any interest in our local nonprofits. We all work together here, and he doesn’t seem to care what we do.” Yee told me he has no desire to see funding cut for any critical social services in any part of town. But he has also made no secret of the fact that he questions the current model of delivering city services through a large network of nonprofits, some of which get millions of taxpayer dollars. And the way Pak sees it, all of that — the nonprofits, the business benefits, the contracts — are all at risk. “If Leland Yee is elected mayor,” she told me, “we are all dead.”

I ran into an old San Francisco political figure the other day, a man who has been around since the 1970s, inside and outside of City Hall, who remains an astute observer of the players and the power relationships in the local scene. At the time we talked, he wasn’t supporting any of the mayoral candidates, but he had a thought for me. “This town,” he said, “is being taken over by a syndicate. Willie Brown is the CEO, and Rose Pak is the COO, and it’s all about money and influence.”

That’s not a pleasant thought — I’ve lived through the era of political machine dominance in this town, and it was awful. In the days when Brown ran San Francisco, politics was a tightly controlled operation; only a small number of people managed to get elected to office without the support of the machine. Developers made land-use policy; gentrification and displacement were rampant; corruption at City Hall turned a lot of San Franciscans off, not only to the political process but to the whole notion that government could be a positive force in society.

A few years ago, I thought those days were over — and to a certain extent, district elections will always make machine politics more difficult. But when I see signs of the syndicate popping up — and I see a candidate like Ed Lee, who’s close friends with Brown, leading the Mayor’s Race — it makes me nervous. And for all his obvious flaws, at least Leland Yee isn’t part of that particular operation. If there’s a better reason to vote for him, I don’t know what it is.

YEE HOME PURCHASE RAISES SUSPICIONS

Rose Pak has a question about Leland Yee. “How,” she asked me, “did the guy manage to buy a million-dollar house on a $30,000 City Hall salary?”

Pak isn’t the only one asking — numerous media reports over the years have examined how Yee raised a family of four and bought a house in the Sunset on very little visible income. And while I’m not usually that interested in the personal finances of political candidates, I decided that it was worth a look.

Here’s what I found: Public records show that in July 1999, Yee and his wife, Maxine, purchased a house on 24th Avenue for $875,000 (it’s now assessed at slightly more than $1 million). At the time, Yee was a San Francisco supervisor, earning a little more than $30,000 a year. (The salary of the supervisors was raised dramatically shortly after Yee left the board and went to the state Assembly.) His wife wasn’t working. And his economic interest statements for that period show no other outside earnings. So the disposable, after-tax income of the entire Yee family couldn’t have been much more than $25,000.

That, by any normal standard, shouldn’t have been enough to float a mortgage that, records show, totaled $516,000. In fact, the interest payments alone on that mortgage alone would total $3,600 a month — more than Yee’s gross income.

Documents in the Assessor’s Office show another paper trail, too. In 1989, Jung H. Lee, Yee’s mother, transferred the deed on a four-unit Dolores St. building where the family had been living to Maxine and Leland Yee — for no money. And a few months before the Yees bought the Sunset house, they took out a $320,000 home-equity loan on that property. That was the down payment on the Sunset property.

Still: At that point, the Yees would have been paying off two mortgages, with a total nut of about $5,000 a month — and supporting four kids, in San Francisco. In 2002, Yee’s economic interest statement’s show some modest income from teaching at Lincoln University — but nowhere near enough to pay that level of expenses.

What happened? Yee explains it this way: “For more than 10 years, we were living rent-free in my parents’ property,” he told me I an interview. “We were a close Chinese family, and my parents provided the food and helped pay for the children’s clothing. So we had almost no expenses and we lived very frugally.”

During that period, Yee was working for the San Francisco Department of Public Health, the Oakland Unified School District, and a San Jose nonprofit, earning, he said, between $50,000 and $90,000 a year. If he saved almost all of that money, he would have had more than a half-million dollars in the bank when he bought the Sunset house.

There’s nothing on any of his economic disclosure forms showing any ownership of stocks or other reportable financial interests during that period, so he wasn’t investing the money. In fact, he says, it was, and is, all in simple savings accounts. A bit unusual for that large a sum of money.

How did he get a mortgage? “Back then,” he said, “banks were willing to lend a lot more freely than they do today.”

Starting in 2003, Yee was in the state Assembly, making a higher salary — but still not much in excess of $100,000 a year. After taxes, he was probably taking home about $75,000 — and $60,000 was going to the two mortgages.

How did he do it? “We have been supplementing our income with our savings,” he said. “We don’t take vacations, we are very careful with our money.” And they clearly aren’t desperate for cash — Yee’s daughter occupies two of the four units in the Dolores St. building they own, but the other two units are vacant.

It’s possible. It’s plausible. But I don’t blame people for wondering how he managed to pull it off. (Tim Redmond, with research assistance by Oona Robertson) 

 

 

 

BIG CORPORATIONS HAVE BACKED YEE

Yee became a prodigious fundraiser in Sacramento — and a lot of the money came from big corporations that had business in the Legislature. And while he has perfect scores from the Sierra Club and the big labor unions, he’s taken tens of thousands of dollars from some of the biggest corporations, agribusiness interests, and polluters in the state. And at times, he’s voted their way.

Since 1993, for example, campaign finance records show Yee has taken more than $20,000 from Chevron, ExxonMobil, Valero, Conoco Phillips, and BP. He’s received another $22,450 from the chemical industry (and industry employees). Most of it came from Clorox, Dow Chemical, and Dupont.

And while the Sierra Club may not have considered it a priority, Sen. Mark Leno has worked hard to pass a bill limiting chemical fire retardants in furniture. In 2008, Yee voted against Leno’s AB 706.

That year he also refused to support a bill that would prohibit the use of the chemical diacetyl in workplaces. The industries that opposed AB 514 (including Bayer, Abbott Laboratories, Pfizer, and Johnson & Johnson) have given Yee a total of more than $60,000.

In 2003, Yee voted against a crucial tenant bill, one that would have prevented the owners of single room occupancy hotels from using the Ellis Act to evict tenants. He received a campaign check for $2,500 from the San Francisco Apartment Association the next day. Landlords in general have given Yee close to $40,000.

Then there’s agribusiness. Yee gets a lot of money from the farming industry, despite the fact that there obviously aren’t many farms in his district. Why, for example, would the California Poultry Association, the California Cattlemen’s Association, and the California Farm Bureau give him money? The Poultry Association’s Bill Mattos told us that Yee “has taken a keen interest in California’s poultry industry.”

Yee also took immense flak from the San Francisco Chronicle and other papers over a 2003 vote against a bill to limit emissions from farm vehicles. In an editorial, the paper wrote that he was “doing dirty work for the lobbyists.” In the end, under immense public pressure, he switched positions and voted for the bill. I asked Yee about all that money from all those bad operators, and he told me — as most politicians will — that campaign cash has never influenced any of his votes.

So why do all these groups give him money? “It’s about whether you will sit down and listen,” Yee said. “I will talk to all sides and at least consider the arguments as a thoughtful human being. Then I vote my conscience.” (Tim Redmond, with research by Oona Robertson) 

Who doesn’t support Ed Lee?

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One of the more interesting things about the Democratic County Central Committee’s mayoral endorsements was the lack of support for Mayor Ed Lee among the eight state and federal office holders who sit on the panel.


Under the party charter, any Democrat who lives in the city and represents San Francisco in Sacramento or Washington gets to vote at the DCCC. So U.S. Senator Dianne Feinstein, U.S. Reps. Nancy Pelosi and Jackie Speier, state Senators Mark Leno and Leland Yee, State Assembly Members Tom Ammiano and Fiona Ma and Attorney General Kamala Harris all had a say in who the party would support for mayor. None of those people ever show up at the meetings, but they’re allowed to appoint an alternate to represent their views.


And only Feinstein voted to endorse Lee.


Pelosi’s alternate didn’t show up for the endorsement meeting. Speier abstained. Yee voted for himself. Leno voted No Endorsement. Ammiano suported Avalos. Harris abstained. Fiona Ma voted for Bevan Dufty.


Not a rousing show of support for the incumbent.


(It would have been interesting if Lt. Governor Gavin Newsom were still on the DCCC, but Gav has moved to Marin, and he will now have the distinct honor of serving on that county’s committee.)


Meanwhile: I almost want to ignore Randy Shaw’s attempt to portray the DCCC (and some white progressives in general) as racist for not supporting any of the Asian candidates, since I think it’s too easy to throw that word around in this city, and journalists ought to be pretty careful when they do it. White people (like me and Randy Shaw) need to be particularly sensitive to race issues in the media — and I do think there are real tensions between some old-line progressives and emerging Asian political leaders who don’t always agree with progressives on issues. But that sensitivity should include not sensationalizing race or using race to score political points.


That said, it’s worth noting that of the four Asians on the Board of Supervisors, the DCCC endorsed three (Eric Mar, David Chiu, and Carmen Chu). The only one who didn’t get the DCCC nod for supervisor was Shaw’s candidate in District 6, Jane Kim.


Oh, and the Number 1 candidate endorsed by the Democratic Party is Latino. And the two fastest-growing non-white political populations in the city are Asians and Latinos.


You can fight forever about the politics of the DCCC endorsement and why the panel only chose two candidates. The Guardian will almost certainly support three, since that’s how RCV works. Why Yee, who has the support of both SEIU Local 1021 and the Sierra Club, got only two votes at the DCCC is a fair question. Why Chiu, who is a member of the DCCC, didn’t win the third slot is also an interesting political question. But I honestly don’t think race was a factor. Maybe I’m wrong.    


And as for the whole flap about Aaron Peskin, Rose Pak and the People’s Republic of China (based, by the way, on Peskin’s comments in a Falun Gong newspaper): I met with Rose Pak a few weeks ago, and in the course of talking about Leland Yee (who I will be profiling in the Aug. 31 Guardian) she told me that some progressives were accusing her of being a Communist — a reference to comments by Peskin and Chris Daly linking her to the PRC. She called it “red baiting.”


Just for the record: I’d by happy if Pak WAS a communist — maybe she’d be more interested in income redistribution, progressive taxation and land reform in San Francisco. I like communists. I even got me a picture of ol’ Leon Trostky hangin’ in my office (along with a picture of John Ross, another noted pinko). And years ago, when I had a garage, I really did have a commie flag tacked up on the wall. A friend bought it for me in the Soviet Union back in the day, and one of the reasons I loved it was that it was so poorly made that it started to unravel the minute I stuck the tacks in it, and the colors weren’t quite right, and the silkscreened hammer and sickle was way off center. Go team.


Seriously, I think the era when the label “Communist” was a serious smear is long over. Nobody cares any more. Besides, China isn’t really a Communist country these days, is it? I’m not an expert on the Chinese economy, but it seems much more hyper-capitalist to me. And it’s safe to say that there’s no Cuba-style forced economic equality in China, a country that has a handful of billionaires and a lot of very poor people and may have even worse income distribution than the United States.


Maybe we could talk about the issues?

Will progressives prevail at DCCC? — UPDATED

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

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

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

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

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

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

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

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

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

After ordering phones censored, BART spokesperson took vacation during protest

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On August 16, one day after a transit system disruption caused by protests over BART’s unprecedented decision to temporary cut cellular phone during a previous protest, BART Chief Communications Officer Linton Johnson acknowledged to the press that the idea to cut service had been his from the start.

Johnson defended his decision telling the San Francisco Chronicle, “A 1969 U.S. Supreme Court decision, in the Brandenburg v. Ohio case, allows public agencies to put public safety before free speech when there is an imminent danger to the public.”

But was there an imminent danger?

What Johnson failed to acknowledge was that after his idea to order a unprecedented disruption of cellular service to thwart the protest anticipated on August 11 was vetted by BART police, Johnson went on vacation and wasn’t around to help determine what kind of danger the protest – which didn’t end of happening – may have posed. NOTE THE UPDATE BELOW. JOHNSON CLAIMS HE WAS MONITORING THE STATIONS.

In fact, Johnson left on vacation on August 11, the same day the fizzled protest that started a national controversy occurred. So with BART’s plan in motion, and Johnson apparently not on hand, nothing of note happened. No indication was reported by BART or by the media of any trouble at all breaking out on the platforms or paid areas of BART stations on August 11. BART may have been left holding the bag.

An automatically generated e-mail response to the Guardian’s request to interview Johnson read “I will be out of the office starting 08/11/2011 and will not return until 08/16/2011. Please contact Deputy Chief Communications Officer Jim Allison while I am gone.”

On August 15, Johnson’s voicemail message indicated he had returned from vacation early, and would do his best to field phone interview requests within 20 minutes of receiving them.

August 15 happened to be the day that fallout from his plan lead to evening rush hour transit disruptions by protesters with swarms of national and international news representatives on hand. Though interviewed by the nation’s press corp, Johnson chose not to acknowledge the primacy of his decision making role in the censorship until the following day.

Comparing the “imminent danger,” declared by BART, and the #opBART protest called by international hacker group Anonymous on August 15 that caused all Downtown San Francisco BART stations to close for the evening rush, questions arise over what, if any, criteria Johnson used in deciding to pull or not pull the plug on BART cell service.

The Federal Communications Commissions has launched an investigation into BART’s actions, responding to a call by California State Senator Leland Yee.

“We are continuing to collect information about BART’s actions,” stated FCC spokesperson Neil Grace in a statement issued by the agency. “(We) will be taking steps to hear from stakeholders about the important issues those actions raised, including protecting public safety and ensuring the availability of communications networks.”

UPDATE: Johnson finally got back to us by email and wrote, “I offered up the idea on Thursday morning.  BART PD took it to the Interim GM.  The GM approved it then let the Board of Directors know what was to happen that night.  I was  on scene in case the protest broke out.   I left downtown SF around 8pm – I was on a plane that night, which left at 11:50pm.”

 

So much for civility

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rebeccab@sfbg.com

The San Francisco mayor’s race went from a lackluster affair to a dynamic match as the Aug. 12 filing deadline drew near and two prominent city officials who had previously said they wouldn’t run tossed their hats into the ring.

Mayor Ed Lee’s Aug. 8 announcement that he’d seek a full term prompted several of his opponents to use their time onstage at candidate forums to decry his reversal and question his ties to the moneyed, influential backers who openly urged him to run. Several days later, Public Defender Jeff Adachi’s last-minute decision to run for mayor signaled more tension yet to come in the debates.

At this point, eight current city officials are running campaigns for higher office, and the dialogue is beginning to take on a tone that is distinctly more biting than civil. Adachi, who had not yet debated onstage with his opponents by press time, told reporters he was running because he wanted “to make sure there’s a voice in there that’s talking about the fiscal realities of the city.”

Adachi authored a pension reform ballot measure that rivals the package crafted by Lee, labor unions, and business interests (see “Awaiting consensus,” May 31, 2011). At an Aug. 11 candidate forum hosted by the Alice B. Toklas Democratic Club, the San Francisco Young Democrats, and the City Democratic Club, all of the top-tier candidates who were present indicated that they would support Lee’s pension reform measure and not Adachi’s.

“The reforms that I have championed are reforms that are absolutely needed, along with action,” Adachi told reporters moments after making his candidacy official. He added that after watching the mayoral debates, “I became convinced that either the candidates don’t get it, or they don’t want to get it.”

Those fighting words will likely spur heated exchanges in the months to come, but until Adachi’s entrance into the race, it was Lee who took the most lumps from opponents. Even Board President David Chiu, a mayoral candidate whose campaign platform is centered on the idea that he’s helped restore civility to local government, had some harsh words for Lee during an Aug. 11 mayoral debate.

“I do regret my decision to take Ed Lee at his word when he said he would not run,” Chiu said in response to a question about whether he regretted any of his votes. He also said his first interaction with Lee after the mayor had announced his candidacy was “a little like meeting an ex-girlfriend after a breakup.”

Lee, whose pitch on the campaign trail features a remarkably similar narrative about transcending political squabbling in City Hall, became the target of boos, hisses, and noisemaker blasts when a boisterous crowd packed the Castro Theater for an Aug. 8 candidate forum. He received one of the most forceful rebukes from Sen. Leland Yee, an opponent whom Lee supporters are especially focused on defeating.

“Had the mayor said that he would in fact run, he may not have gotten the votes for interim mayor,” Yee said. “Will you resign from your post,” he asked, challenging Lee, “in order to then run for mayor?” Days later, Yee had developed a new mantra about throwing power brokers out of City Hall instead of “wining and dining with them.”

Yet Lee said his decision to enter the race wasn’t because of the push from his backers, but because of how well things have gone during his brief tenure in Room 200. “Things have changed at City Hall, particularly in the last seven months,” he told reporters Aug. 8. “And because of that change, I changed my mind.”

In yet another twist, former Mayor Art Agnos — whom progressives had looked to as a potential appointee to the vacant mayor’s seat back in December, before Lee was voted in to replace former mayor and Lieutenant Governor Gavin Newsom — delivered a surprise endorsement of City Attorney Dennis Herrera shortly after Lee declared. The decision was particularly significant since Agnos first hired Lee to serve in city government, and has a long history of working with him.

“[Herrera] is an independent person who will empower neighborhoods … and won’t be beholden to power brokers,” Agnos said. He also told the Guardian he wasn’t surprised that Lee had opted to run, given the role former Mayor Willie Brown and influential business consultant Rose Pak had played in orchestrating Lee’s appointment.

“Anybody who is an astute political observer saw the signs from the very beginning,” Agnos said. In response to a comment about his unique vantage point as a would-be caretaker mayor, he said, “I would’ve kept my word and not run for reelection.”

Intense focus on Lee’s flip-flop, and on the Progress for All-backed “Run, Ed, Run” effort that was the subject of an Ethics Commission discussion that same week, stemmed at least in part from the threat the incumbent mayor represents to other candidates. A CBS 5-SurveyUSA poll suggested he became an instant front-runner.

Yet questions about “Run, Ed, Run” — some raised by observers unaffiliated with any campaigns — also served to spotlight the candidate’s longstanding ties with backers closely connected to powerful business interests that stand to lose big if their links to city government aren’t preserved.

Retired Judge Quentin Kopp issued an open letter to District Attorney George Gascón Aug. 1 urging him to convene a criminal grand jury to investigate whether illegal and corrupt influencing had occurred when Pak — a close friend of Lee’s and a key driver behind the “Run, Ed, Run” effort — reportedly recruited executives of Recology to gather signatures urging Lee to run.

Recology, which handles the city’s waste, was recently awarded a $112 million city contract, and Lee’s scoring of the company and recommendation to raise rates in his previous capacity as city administrator benefited the company. Brown received substantial campaign donations from Recology in previous bids for mayor. Kopp is the coauthor of a ballot initiative asking San Francisco voters if the company’s monopoly on city garbage contracts should be put out to bid.

“A criminal grand jury is vital in order to put people under oath and interrogate them,” Kopp said. “They would put Willie Brown under oath, put Pak under oath, put [Recology President Mike Sangiacomo] under oath, put [Recology spokesperson Sam Singer] under oath … That’s the course of action that should be pursued by this.”

Although Kopp told the Guardian that he hadn’t yet received a response from Gascón, DA candidates Sharmin Bock, Bill Fazio, and David Onek nevertheless seized the opportunity to publicly and jointly call for Gascón to recuse himself from any investigation into Progress for All. Gascón has a conflict of interest, they argued, since he reportedly sought Pak’s advice when deciding whether to accept Newsom’s offer to switch from his previous post as police chief to his current job as top prosecutor.

The Ethics Commission determined unanimously Aug. 8 that the activities of Progress for All, the committee that was formed to encourage Lee to run, had not run afoul of election laws despite director John St. Croix’s opinion that it had filed improperly as a general purpose committee when it ought to have been a candidate committee, which would have placed caps on contribution limits.

“The Ethics Commission has spoken, and they’ve supported our position,” Progress for All consultant Enrique Pearce of Left Coast Communications told the Guardian.

St. Croix did not return Guardian calls seeking comment, but an Ethics Commission press release included a caveat: “Should facts surface that coordination occurred between Mayor Lee and [Progress for All], such allegations will be investigated under the Commission’s enforcement regulations.”

At a Lee support rally organized by his official campaign team on Aug. 11, volunteers who arrived with “Run, Ed, Run” materials produced by Progress for All were told they could not display those signs and T-shirts; the same people were on a first-name basis with one of Lee’s campaign team members.

Pressed on the question of whether there was any coordination between agents of Progress for All and Lee, Pearce said the Ethics Commission discussion had focused on whether Lee had been a candidate. “Whether or not he’s a candidate has nothing to do with whether or not he has dinner with Rose [Pak],” Pearce noted. He insisted that there had not been coordination, and that the efforts to encourage Lee to run and to support Lee as a candidate were totally separate.

Sup. John Avalos, who is running for mayor on a progressive platform, recalled at an Aug. 8 candidate forum how things unfolded when Lee’s name first came up as an appointee for interim mayor.

Avalos reminded people that he had called for postponing the vote back in December because he hadn’t even had a chance to sit down and meet with Lee, who was in Hong Kong at the time. With behind-the-scenes deals orchestrating his appointment, Avalos said, “We saw City Hall turning into one big back room.”