Mayor Lee

Lessons of the Avalos campaign

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By N’Tanya Lee

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

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

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

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

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

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

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

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

We hope these victories will shape progressive strategy moving forward:

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

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

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

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

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

 

Lessons from 2011 for 2012

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With the release of precinct results for the 2011 election, we are able to actually see, for the first time, what San Francisco voters did, as opposed to hearing what various nabobs said they did.  There are a couple of key conclusions about the vote that should guide any left-liberal thinking of the key 2012 Supervisor races.

The first thing San Francisco voters did- about 40,000 of them-  was stay home.  Turnout – about 40% – was the lowest for a mayor’s race in 40 years. Moreover, counter to several “expert” narratives, turnout in neighborhoods with large numbers of Chinese voters — Chinatown, the Richmond, the Sunset, and Vis Valley — was lower (average 33%) than in neighborhoods with few Chinese voters — Diamond Heights, Noe Valley, the Castro and West of Twin Peaks — where turnout averaged 40%.

There seems to be four reasons for this curious outcome. A couple of them have lessons for us for the 2012 election that we ignore at our peril.
First, in a City that is clearly center-left, voters were presented with nine center-right candidates, seven of whom were declared by the Chronicle at one time or another to be “serious.” Only John Avalos was a clear center-left choice. This was shown in the huge number undecideds that appeared in poll after poll. Undecided voters are often unhappy at the lack of choice being offered by the field and simply don’t vote.

Second, professional campaign management of the supposedly serious candidates was terrible and actually counter-productive to their candidates’ best interests. The pros actually seemed to have suppressed turnout in key neighborhoods. Ace Smith and Bill Barnes, working for for Ed Lee, spent most of their time trying to distance their candidate from his base and key supporters, made rookie fund-raising mistakes time and again and gave their counterparts in the Yee and Herrera campaigns ample ammunition for a  series of negative ads and mailers.  John Whitehurst and Mark Mosher, working for Herrera, and Jim Sterns, working for Yee, took the opportunity and went negative on the least threatening figure in San Francisco politics in recent memory. 

As we all know negative campaigns generally suppress turnout — and that seems to be the case in this election. Avalos, who after September had no professional management, stayed positive and gained votes by doing so.

Third, organized labor, for the first time in living memory, did not endorse the winning candidate for mayor. Indeed, its official candidate, Yee, came in FIFTH. It’s as if labor decided to concentrate only on its issue — pension reform — and devote no energy, people or money to the myors race. Without labor’ support,effective GOTV in left-liberal neighborhoods is all the more difficult and was clearly beyond the ability of the Avalos campaign to carry by itself.

Labor knew who it wanted to vote on pension reform and narrowly focused only on those voters. That it still has the ability to do electoral politics can be seen in the fact that more total votes were cast on  Proposition C (186,336) — labor’s pension- reform measure –than were cast for all candidates in the mayors race (179,888).

Finally, there were 160 fewer polling places this election than last year, and to make matters worse the Department of  Elections mailed 115,000 voter handbooks with the wrong polling place address causing them to send postcards with the corrections. While this in no way was responsible for the 40,000 fewer votes cast, it was probably worth several hundreds of missed votes.

The lessons for next year? We need good candidates who actually align with political sensibility of the voters. This will be especially true in District Five after Mayor Lee appoints some center-right clone in the most left-liberal district in the city, and equally true in District Three with David Chiu, who has certainly turned to the right since his election. 

Supervisor David Campos in District 9 will be fine in this regard as will Supervisor Eric Mar in District 1 — where he will face a real fight.
Avalos’ showing in the mayors race should do him well in District 11 and offers a real chance for him to be board president in 2013.
Community-based left-liberals and labor must come together closer than in this election and perhaps closer than at any time since the Great depression. Labor’s support for the Occupy movement is a good indication that fruitful common ground can be found. We need each other more than ever in 2012.

We need to work to get good lines for the new districts and have a grand meeting of the minds on how we address the absentee voter issue.  Both labor and the Mirkarimi campaign did absentees well enough to win.  We need to apply their lessons to the Supervisors races.

Dare to struggle, dare to win.

Calvin Welch is a housing activist who has been watching San Francisco elections for more than 40 years.

 

Occupy SF: The eviction drumbeat begins

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We all knew that Mayor Lee wouldn’t risk sending the cops in to evict OccupySF until after the election. But now the newspaper drumbeat has begun — the place is filthy, there’s shoplifting nearby and (gasp) the Ferry Building has to spend more money on toilet paper.

There’s an easy solution to the toilet paper problem: Install and maintain some more portable toilets near the camp. Not difficult, not expensive. And when you have that many people around (the camp keeps growing) and some of them have been living on the streets for a long time, having to hustle to stay alive, it’s not surprising that some cookies have been stolen. For the most part, the camp is pretty self-sufficient and there’s plenty of food, but if theft is a problem, a couple more beat cops at the Ferry Building would probably put a lid on it.

It’s too bad the Bay is so cold at this time of year; a quick dip with some Dr. Bronner’s would solve the need for the alleged sponge baths (and I just can’t imagine anything worse than the thought of a few people washing themselves off in a …. bathroom). It really wouldn’t be hard to install a solar shower on the scene, if the Department of Public works cooperated.

We all know there are going to be challenges dealing with a growing outdoor encampment in the middle of a big city. But this is something special, something important, a popular movement that’s responding to an emergency situation in the United States. This is a sophisticated city; we can deal.

But just as the merchants complaining in Oakland is putting pressure on Mayor Jean Quan, this sort of stuff will put pressure on Lee to send in the cops. Ugh.

 

The next D5 supervisor

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Now that it appears Sup. Ross Mirkarimi will be the next sheriff — and Ed Lee will be mayor for the next four years — the speculation is starting over who Lee will name to replace Mirkarimi as District Five supervisor. There are an abundance of qualified candidates, but my sources tell me the Mayor’s Office is looking right now primarily at two people — London Breed, director of the African American Art and Culture Complex and a former redevelopment commissioner, and Malcolm Yeung, an attorney who is president of the Asian American Bar Association and longtime policy person at the Chinatown Comminity Development Center.

Both, of course, were Lee supporters.They have a history of working on progressive causes (Yeung, at CCDC) and strong ties to the community (Breed at AAACC). Breed has spent more time as an activist in D5 (and was appointed to her job by former mayor Willie Brown), but Yeung is reportedly popular with Rose Pak, who clearly has the mayor’s ear.

I don’t know who Lee will be taking to about the appointment, but you can be sure both Brown and Pak will be giving their advice. And so far — although it’s still early — nobody has been talking to the current supervisor.

I called Mirkarimi and asked him who he would suggest, and he told me there were plenty of people — although neither Breed nor Yeung would be on his short list. He didn’t want to name names, but I can: queer/labor activist Gabriel Halland and Community College Board Member John Rizzo are both eminently qualified for the job, and Julian Davis would also be on a lot of short lists. So would Christina Olague, a planning commissioner (and Lee supporter) — but one City Hall insider told me that “Willie would never let that happen.”

Mirkarimi did suggest that he ought to be consulted. “I would think after all the work I’ve done in the district over seven years and two administration that  Mayor Lee would at least want my input,” he said. We’ll see.

It’s all about turnout

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Turnout in my Bernal Heights precinct tonight was pretty light, and that’s consistent with what I’ve been hearing all over town — except in Chinatown, where absentee turnout is high and the Ed Lee folks have done a great job of getting out the vote. This election may be a referendum on Ed Lee, it may be about whether any of the challengers can make a case for a change, it may be about how ranked-choice-voting works — but more than anything else, it’s going to be about who votes.

The flood of mailers was so overwhelming in the final days that I’m not sure how many people actually read them; the campaigns that put real resources into GOTV operations will probably fare better than the ones that relied on mail to reach the voters. And, of course, it’s likely that half the votes cast will be absentees.

So one of the numbers to watch tonight is total turnout. The lower that number, the better for Mayor Lee, who got a lot of votes in the bank early.

Another number to watch, and I’ll be running this for you as soon as I have data, is how the election-day votes contrast with the typically more conservative absentees. The absentees will be out soon, shortly after 8 p.m.; that will give us a sneak preview. But once the election-day votes come in about half an hour later, we’ll know where the trends are going.

The Department of Elections says the vote count will go quickly, since it’s a short ballot (only two cards).

Dick Meister: Searching for Joe

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By Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister,com, which includes more than 300 of his columns.

San Francisco’s unions have been looking for another Joe Alioto ever since he left the mayor’s office in 1976 after eight years of being one of the best political friends organized labor ever had – anywhere.

Unions certainly have no chance of finding such a staunch supporter among the candidates for mayor in Tuesday’s election – not even in former Supervisor Michela Alioto-Pier, Alioto’s granddaughter. She reflects the conservative views of her former supervisorial district, which encompasses the upscale Pacific Heights and Marina neighborhoods.

Some of the other candidates claim to be labor-friendly, and some actually are. But none have gained anything approaching the all-out, almost unprecedented support that unions gave Alioto. Not surprisingly, unions have in turn been promised only relatively little post-election support by Tuesday’s candidates.

Alioto’s rewards to labor were based in part on the fact that, as he declared, “the controlling and decisive factor in my election was the support of organized labor.”

His administrations, he said, were “first of all sympathetic to labor.”

Alioto appointed union representatives to all of the city’s boards and commissions, some of which previously had little or no union representation, and helped unions in major strikes against recalcitrant employers, often stepping in to convince the employers to settle.

Probably the greatest benefits to union members came from the downtown building boom that Alioto launched, creating thousands of construction jobs.

So, with no Alioto-like union supporter in this year’s mayoral race, who are unions supporting? And how is labor likely to influence the outcome as well as the votes for ballot propositions, particularly Props C and D that involve the pensions and health care of public employees that have come to preoccupy municipal and state governments everywhere?

It seems clear that labor’s influence on the election outcome will turn out to be relatively slight, certainly considerably less than in Alioto’s time – less, in fact than in just about any other city election since the 1930s, when San Francisco was celebrated as one of the country’s premier “union towns.”

But no more. It’s sometimes hard to believe that San Francisco was ever a union town in the same league as New York, Chicago and Detroit.

The general public hardly hears from the city’s once vibrant and highly influential Labor Council and its leaders these days. Individual unions such as the Service Employees, Longshore and Warehouse Union, Nurses Association and Unite-Here, the hotel workers union, still have considerable clout, as do a few others. But that’s about it.

It’s partly the fault of the news media, but their scant coverage of organized labor reflects the failure of unions to take the leading position in politics as in economics that they once had, and must have if they are to prosper.

Unions are staging something of a comeback with the growth of public employee unions, which now dominate organized labor in numbers and influence – though locally unions probably do not yet have enough influence to play the role that once put them in a position to help elect politicians who considered them indispensable.

Public Defender and mayoral candidate Jeff Adachi and his conservative backers are trying hard to seriously weaken the growing strength of San Francisco’s public employee unions and their members, mainly through Proposition D. The apparent frontrunner in the mayor’s race, acting Mayor Ed Lee, is no particular friend of labor, either. Neither was Lee’s predecessor, Gavin Newsom.

Labor wasn’t helped by last year’s elections that gave the Board of Supervisors a strong minority of members on the political right who are at best indifferent to unions. Only five of the 11 supervisors can be legitimately considered pro-labor progressives.

It would help labor greatly to have a strong pro-union mayor, but none of the major candidates would play that role. The Labor Council endorsed Dennis Herrera and Leland Yee. The Building and Construction Trades Council went with Alioto-Pier and Yee.

But what about me? Glad you asked. I say it should be Herrera, who’s an excellent city attorney, has a broad base of supporters and, as a Hispanic, would give that underrepresented minority an important voice in City Hall. All the major candidates for sheriff and district attorney have solid credentials, and I’m sure any of them would do a good job.

Can’t see any reason not to vote for Prop A, a much needed school bond measure, and Prop B that would authorize bonds to pay for needed road and street repair. A big no on the foolish Prop E that would allow the Board of Supervisors to undo measures previously approved by voters.

No on F, another foolish and unnecessary measure. But Prop. G’s a good one. It raises the sales tax by half a percent to finance public safety programs and services to children and seniors.

Prop H is bad news. It would take away parental choice of schools and force students to attend only their neighborhood schools. Since many neighborhoods are still segregated by race or along socio-economic lines, it also would re-segregate schools citywide.

The main event includes, of course, Props C and D, and we should reject both measures. Don’t be confused by those who say, “I can’t vote no on C, because if D gets more votes, Adachi will win.” That ain’t necessarily so, for if neither measure gets at least 50 percent+one of the votes, then both would be defeated.

Make no mistake: Both propositions would be extremely harmful, because both would needlessly increase the financial burden of city employees by limiting the pensions of many new employees, while at the same time requiring them to make higher contributions to city pension funds. Both measures would also require some current employees to contribute more, although Prop D’s rates are somewhat higher, especially for higher income employees. Both C and D would also limit cost-of-living raises for current retirees.

Ever since voters in 2004 approved a badly needed reform of the City Health Service System that oversees the health care of employees and retirees, their elected representatives have had a genuine voice, with four members on the service’s seven-member governing board. The other three have been City Hall appointees.

Prop C would reverse the numbers, substituting another City Hall appointee for one of the elected members and otherwise limiting the voice of the elected members. Sponsors of Prop C would have you believe that the proposition is a “consensus” measure agreed to by all parties. But don’t you believe it.

Retirees, who make up a large part of those in the Health Service System, were not allowed to be part of the consensus negotiations, presided over by acting Mayor Lee.

It’s certain Joe Alioto would never have allowed that to happen.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister,com, which includes more than 300 of his columns.

The latest Lee voter fraud charges

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The Ed Lee campaign is, of course, distancing itself from the latest voter fraud allegations. Spokesperson Tony Winnicker says nobody on the Lee team knew anything about it, that the idea of eight low-level associates at a property firm each giving the maximum $500 didn’t ring any alarm bells:

“If this is true, then these people have perjured themselves,” Lee campaign spokesman Tony Winnicker said when The Chronicle informed him about the donations. “They looked directly into the eyes of our campaign staff and lied, and they should be held accountable.

And honestly, I don’t think anyone on Lee’s team directly solicited the illegal contributions. I could be wrong, but let’s give them the benefit of the doubt. But the notion that Winnicker is shocked — shocked — that this sort of behavior was going on doens’t quite pass the sniff test. The problem is that Lee refused to take public financing, got in the race late and decided to raise a buttload of money really fast — and when you do that, and you take cash from the likes of Andrew Hawkins, you’re almost guaranteed to run into trouble.

I think Dennis Herrera has it right; his press statement makes the point:

“Too many of Ed Lee’s supporters act as though they’re above the law — on money laundering, on ballot tampering, and more — and Ed Lee isn’t strong enough to stop it.  If this is how they behave before an election, just imagine how they’ll behave after the election, if Ed Lee wins.

This has always been the danger with Mayor Lee — he’s surrounded by some very bad actors, he can’t keep them under control — and if he wins, they’ll have the run of City Hall.

Is this enough — or the cumulative impacts of this enough — to allow someone else to win the election? I don’t know. Around 30,000 people have already voted. Some of Lee’s hard-core supporters will ignore the problems and vote for him anyway. But maybe, just maybe, the stench surrounding the campaign will convince a lot of the people who were considering putting Lee second or third to vote for someone else. That’s what would turn the tide in the Nov. 8 election.

UPDATE: Bill Barnes, who reviews the contributions for the Lee campaign, told me that since Hawkins had used a different name (Dr. Andrew Hawkins-Cohen) and since the eight donors all listed occupations that seemed plausible for a large donation and all signed the document saying it was their own money, nothing set off any alarms. “We’ve gotten about 4,000 checks,” he said.

But still: If Andrew Hawkins wants Lee to be mayor that badly, there’s plenty to worry about.

Anyone but Lee

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tredmond@sfbg.com

Two weeks ago, the race for mayor of San Francisco seemed in the bag. Mayor Ed Lee was so far ahead in most polls that everyone else looked like an also-ran. A Bay Citizen simulation of ranked-choice voting showed Lee getting enough seconds and thirds to emerge easily as the winner. His approval rating with voters was above 70 percent. The money was pouring in to his campaign and to the coffers of independent expenditure committees promoting him.

But that was before the voter-fraud scandals, OccupySF, Sup. John Avalos appearing on national TV, a controversial veto, Sup. David Chiu getting the endorsement of the San Francisco Chronicle, and an attack on City Attorney Dennis Herrera backfiring.

“It’s changing,” Corey Cook, a political scientist at the University of San Francisco, told us. “I don’t know whether it’s tightening up, but it’s certainly changing.”

One campaign consultant, who asked not to be named, was more blunt: “The Lee campaign is one bad news story away from free-fall.”

That’s not to say Lee is going to lose, or even that he’s anything but the clear front-runner. But over the past week, as Lee has taken a series of hits, supporters of the other candidates — particularly Herrera and Avalos — are starting to wonder: Could somebody else really win?

The answer, of course, is yes — anything can happen in the week before an election. But defeating Mayor Lee will take a confluence of events and strategies that starts with a big progressive turnout — and with voters who don’t like the idea of an incumbent with ties to a corrupt old political machine carefully allocating their three ranked choices.

 

NO SURPRISE

So far, there’s been no crushing “October surprise” — no single event or revelation that can change the course of the election. And the impact of anything that happens in the next few days will be blunted by the fact that 27,000 absentee ballots have already arrived at the Department of Elections.

By all accounts, Lee’s campaign and the somewhat sketchy independent expenditure groups that are working in parallel, if not in concert, have done an impressive job of identifying and turning out absentee voters. Local consultants from most of the campaigns agree that at least 20 percent of the final turnout will be Chinese voters — and Lee will get at least 75 and as much of 90 percent of that vote.

But as Cook notes, there are still “huge undecideds” for this late in a race. And while Lee was polling above 30 percent a few weeks ago, by most accounts his numbers have been dropping steadily. One recent poll shows him falling 10 points in the past two weeks, leaving him closer to 20 percent than 30 percent.

“If the election were held three weeks from now, he’d lose,” said one consultant who asked not to be identified by name.

What’s happened? A confluence of factors have put the incumbent in a bad light.

The voter-fraud allegations have made headlines and the district attorney is discussing a criminal investigation. Although Lee and his campaign weren’t directly involved — the possibly illegal efforts to steer voters to Lee were run by one of the IEs — the last thing a politician wants to see in the waning days before an election are the words “voter fraud” and “criminal investigation.”

And the allegation — that Lee supporters in Chinatown filled out ballots for absentee voters then collected them for later delivery — play right into Lee’s weakness. While voters generally have good impressions of his work at City Hall, the fact that he’s connected to sleazy operators and tied to the old discredited Brown machine continues to haunt him. And this sort of activity simply re-enforces that perception.

The Leland Yee campaign has taken direct advantage of that perception, releasing a parody of the hagiographic Lee biography written by political consultant Enrique Pearce. “The Real Ed Lee story,” which repeatedly talks of his connections to unethical power brokers, hit the streets this past weekend.

Lee also sided with the San Francisco Chamber of Commerce over a coalition of labor and consumer groups with his veto of legislation by Sup. David Campos that would have prevented employers from draining $50 million per year from health savings accounts set up to comply with city law. Many restaurants even tack a 3-5 percent surcharge onto customers’ bills, making it essentially consumer fraud.

“It’s important for us to take a stance on the issue and say that what the mayor did was wrong,” Campos told us. “It’s a defining issue for us in City Hall.”

Then there’s OccupySF. Nobody knows for sure, but it’s likely that a majority of San Franciscans are at least somewhat sympathetic to the group’s message. And Lee has so far avoided the public relations disaster of Oakland’s crackdown.

But the left is unhappy with Lee’s constant threats to clear out the encampment, and the right is unhappy that he hasn’t sent in the cops already — and even the San Francisco Chronicle has denounced his lack of decisiveness.

Lee put the police on high alert and had them moving around in buses, ready to move in — than at the last minute changed his mind. “What this shows,” said former Supervisor Aaron Peskin, “is that we don’t have a mayor with a firm hand on the tiller.”

Most observers expected that the Chronicle would join the San Francisco Examiner and endorse Lee. But the paper came down on the side of Supervisor David Chiu. Chiu is still running well behind in the polls, and not that many voters follow the Chron’s advice, but the endorsement was a huge boost to his campaign.

“Ed Lee’s had a bad couple of weeks, and some of the others have had a good couple of weeks,” Cooks said.

 

RANKED CHOICE

Ranked-choice voting puts an interesting twist into all of this. Several consultants and election experts I talked to this week said that Lee would be far more vulnerable in a traditional election. “He would lose a runoff against almost any of the top challengers,” one person said.

But every poll that’s tested the ranked-choice scenario — even recent polls that show Lee faltering — still put him on top after the votes are all tallied and allocated. That’s in part because supporters of candidates who are lower in the pack — Chiu, for example — tend to put Lee as a second or third choice. The Bay Citizen/USF poll showed that when Chiu was eliminated, most of his votes wound up going to Lee.

“Ranked-choice voting clearly favors incumbents,” Cook told me.

And, people walking precincts say, there are still some Herrera and even Avalos voters who put Lee second or third. And the only way Avalos — or anyone other than Lee — can win the election is if progressive and independent voters stick to a clear “anyone but Lee” voting strategy.

Avalos is doing well in recent polls; in fact, one shows him ahead of Herrera in first-place votes. Herrera does better when seconds and thirds are counted. Michela Alioto-Pier gets a fair number of first-place votes, which isn’t surprising since she’s one of only three women in the race, the only woman with citywide name recognition — and the only real credible conservative.

Yee and Chiu are both in the running, and Yee has come out strong attacking Lee and is running hard for progressive votes. He showed up at OccupySF the night a police raid was threatened and has been the leading critic of the alleged voter fraud.

Cook says a scenario where somebody beats Lee is still “an inside straight” — but it’s not at all impossible.

If Lee gets 30 percent of the first-place votes, most observers (including his opponents) agree that he’s going to cruise to victory. But if his first-place total is closer to 20 percent, and one or more of the other candidates are within five points, it’s going to be a lot closer.

Here’s the bottom line: If you don’t want to see a repeat of the late 1990s, when Willie Brown was mayor and City Hall was for sale to the highest bidder, vote for anyone but Lee — and use your three votes strategically. If you like John Avalos, put him first — but give your second-place vote to Herrera, who seems positioned right now to be the other strongest challenger. If you like Herrera, give your second to Avalos. If you like Leland Yee or David Chiu, make sure that Avalos and Herrera are also on your slate.

Fill out all three votes. And get your friends and family to the polls. Because turnout is projected to be low, which helps Lee — and the race may well be decided on the basis of who shows up November 8th.

Mayor Lee still moving toward showdown with OccupySF

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Mayor Ed Lee continues to insist that OccupySF break down its encampment in Justin Herman Plaza and threaten to send in riot police if that doesn’t happen, even as this week’s violent police raid on Occupy Oakland has sparked international outrage, condemnation, and solidarity with other occupations.

Reporters packed into the Mayor’s Office for a photo op with a good samaritan who recently helped rescue an injured truck driver, clearly waiting for the chance to interview Lee and Police Chief Greg Suhr about last night’s aborted police raid on the OccupySF encampment, asking repeated questions seeking to clarify Lee’s confusing political doublespeak before his communication staff shuffled him out of he room after about 10 minutes.

“I, like all of you, were watching in somewhat of very big deep concern as I saw things unveiled in Oakland, certainly in constant communication with not only our chief of police, Chief Suhr, but also all of our departments to say that’s not what we want to happen in San Francisco,” Lee began. “We’re trying to enforce all the laws here, and of course it’s public health stuff that we’re emphasizing. We need to make sure our public spaces are clean and healthy, and to protect their First Amendment rights. But we didn’t want to get into a situation where we’re just busting heads because then it’s all lost.”

Yet neither Lee nor Suhr could articulate why they think Oakland’s raid turned so violent or how to guard against a similar fate here in San Francisco, particularly because they reiterated their position that the encampment must go and held open the possibility that another police raid – there have been two so far, the second more violent than the first, and the camp has only grown in size since then – could come at any moment.

They also offered shifting explanations for last night’s massing of SFPD troops in riot gear in buses on Treasure Island, which protesters believe was turned back only because of the huge presence in the camp, which included five members of the Board of Supervisors and various labor leaders, a group that Lee says he would be meeting with shortly after the event (“We’re seeing if they’d like to propose some additional solutions,” Lee said).

When asked about plans for yesterday’s raid, Suhr initially said it was simply a normal Wednesday evening training exercise. “There were that many police amassed last Wednesday, there will be that many police amassed next Wednesday. Wednesday is a standard training day for the Police Department,” Suhr said.

But when reporters expressed skepticism – many aware of the busloads of police in riot gear massing on Treasure Island, the last minute changes in police staffing schedules, and the notices of possible police activity sent to businesses around Justin Herman Plaza – Suhr said police were preparing to either assist in Oakland or deal with trouble from OccupySF.

“Out of deference for what was going on in Oakland, we felt that the more pressing need was whether we needed to assist Oakland and/or whether that situation was going to come to us,” Suhr said. “I didn’t say it was a training exercise, we took advantage of the presence on what was training day and to train to what we may have to do down the line.”

Lee also raised the concern that violent agitators might come to San Francisco: “They had to get ready for what they saw in downtown Oakland. They had to get ready for hundreds of people coming to San Francisco, either walking over the bridge or coming through the BART system. So they were trying to get ready for that particular activity because we didn’t know what was going to happen. We saw a lot of anger and a lot of frustration by people who wanted to come over to San Francisco and we didn’t know what their intention was.”

But reporters noted that Lee ordered OccupySF to take down its encampment two weeks ago, that he told reporters this week that they must do so “within days,” and that Suhr circulated a memo in the camp yesterday entitled “You are Subject to Arrest” if they didn’t heed city codes regarding overnight camping. Given all that, we again asked if there was any intention to go into the camp last night?

“That was not our intention, but I’ve always asked the chief to be ready. I’ve been insistent that we have to be ready to enforce our laws so he’s been under that instruction for quite some time. But the tactical decisions are the chief’s responsibilities,” Lee said.

Yet later in the press conference, after Lee had left the room, Suhr made it clear that the decision about if and when to stage another raid on OccupySF is the mayor’s. “Make no mistake about it, Mayor Lee is in charge of this situation,” Suhr said.

In fact, when we asked Suhr about this constant threat of a violent police raid in the middle of the night hanging over the protesters – which is a wearying distraction from the main economic justice purpose at best, and at worst what some protesters told us was akin to psychological warfare – Suhr said that even he didn’t know when a raid might come.

“There’s nobody more anxious that I am because I don’t know when the raid is coming either, so I can attest to the fact that it makes me anxious. We are working painstakingly and patiently to make sure that area is safe and sanitary,” Suhr said.

But while Lee insists that dialogue and compromise could still avert another crackdown, he refuses to accept that occupation is a tactic that protesters aren’t likely to abandon anytime soon. So Lee’s insistence that the camp be broken down seems to be putting the city and OccupySF on a collision course that most members of the Board of Supervisors – including those sponsoring resolution urging the city to allow overnight camping – fear could be a disastrous stain on the city.

“Our message to OccupySF is we’re still wanting you to comply,” Lee said. “That’s been the consistent message we’ve been sending clearly these last couple weeks…We’re trying to ensure that [the ban on] overnight camping is still enforced, but also respecting their rights to protest.”

I and other reporters tried to push Lee on the potentially harmful standoff he was creating, and he tried to make it sound as if the OccupySF movement could avoid another police crackdown, something he said depends on protesters submitting to his demands.

“It’s optimistic on our part that we would get some sensible minds who want to help us find a way to clean up the area, because that ultimately what we want to do,” he said.

But for all his statements of support for the Occupy Wall Street movement and stated desire to avoid the violent confrontation in Oakland, he refuses to allow tents on the site.

“There’s a fine line between occupying public space within your First Amendment rights and sleeping overnight and causing health conditions that we’ve been very concerned about. So we’re going to take it step by step,” Lee said. When asked about whether tents would still be allowed if the camp was clean and otherwise compliant, he said, “We’re still saying no tents.”

So then when and how will you be enforcing that, reporters kept asking.

“Let’s see what can voluntarily be done through the dialogue that trying to establish. We’ve given them a lot of notices. I want to be sure that if we have to do things to enforce our laws, that we’re quite justified and that everybody knows,” Lee said.

Yet that was the same stance that Oakland Mayor Jean Quan took, and it’s one that she is reportedly backtracking on in the wake of the violence and international condemnation. And Lee couldn’t explain how a crackdown might go differently in San Francisco, particularly none that OccupySF has grown larger and more empowered by defying Lee’s edict for so long.

“Everyone agrees that we don’t want to Oakland situation to happen here,” Lee said, at which point Press Secretary Christine Falvey said he would take only two more questions.

“We’re putting a responsible burden on the occupiers to work with us so we can avoid situations like Oakland,” Lee said. “They have to take responsibilities for what they’ve done.”

“Frankly, it sounds like you’ve said nothing, and I think some other reporters are feeling the same way,” KCBS reporter Barbara Taylor, the senior journalist stationed at City Hall, said with a tone of exasperation. “So can you just outline, when you say to do the right thing, what is the right thing? Do you expect them to voluntarily take down the tents, clean up the camp, only be there within certain hours?”

“Yes. The right thing for them to begin showing responsibility,” Lee responded.

“But what does that mean?” Taylor persisted.

Lee said they need to clean up the camp, saying that “cleanliness has been our number one concern….They have to show signs that they’re willing to work with us.” But the protesters have been diligent about regularly cleaning the camp, and they have complied with other city requests such as no open flames. And when the city refused to make porta-potties available at night, supporters of the camp rented four of their own after the city and its daily newspapers complained about public urination and defecation.

“I’ve said all along that public safety is our number one concern,” Lee said.

Fire Chief Joanne Hayes-White reinforced Lee’s point, complaining about open flames, car batteries, and generally “unhealthy and unsafe conditions.” When we noted that the protesters have already addressed and abated many of these issues in recent days, she admitted that she hasn’t been to the site recently, but said, “The tarps and the tents are not something we’re going to tolerate.”

Suhr made it clear that police action would be done in support of other city departments who ordered hazards to be abated. As for when and how officers would do so: “If we believe we could go into the camp safely, if we think we can go in and support the agencies that will be doing the cleanup, without having to go past a measured response, we would do that,” Suhr said. “That opportunity did not present itself last night.”

And so the standoff continues.

Editor’s notes

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tredmond@sfbg.com

I say it over and over again, because some people clearly aren’t paying attention:

Corruption matters.

When the mayor of San Francisco surrounds himself with people who don’t show any respect for campaign finance or ethics regulations, who think it’s fine to skirt (and possibly break) election laws, it undermines faith in local government.

And at a time when conservatives at the national and state level are mounting a concerted campaign to shrink, weaken and ultimately burn down government, the last thing San Francisco needs is to give them fuel.

Listen: When Willie Brown was mayor, a tax lawyer named Ron Chun was running for assessor. Generally a good guy, generally progressive, full of creative ideas. But when I asked him about how to get more revenue into the city, he said:

“Why should we bring in more revenue? Willie Brown’s just going to waste it on his cronies anyway.”

He wasn’t alone. A lot of generally progressive people felt as if paying taxes was throwing money down the sewer. Because everyone knew that Brown was hiring unqualified people, pouring cash into contracts for his pals, handing out raises and benefits to city workers who supported him — and treating critics as if they were traitors to the nation.

Mayor Lee says he doesn’t approve of what looks an awful lot like voter fraud and doesn’t support what the independent expenditure committees are doing in his name. But anyone with any sense knows that the IE groups and the Lee campaign and the Lee administration are all parts of a permanent floating crap game where the players move around but everybody knows everybody else and there’s no way to keep communications completely shut off. If Lee wanted these “independent” groups to quit using stencils to make sure voters choose him for mayor, these operators would stop.

But he talks to people like Brown, people who have disdain for honest, open government, and they tell him not to worry. These things blow over. Once he wins the election, it won’t matter.

But when you have a mayor who invites corrupt actors into the house, it does matter. It matters a lot.

Avalos offers resolution supporting OccupySF and its camp

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In the wake of last night’s violent police raid on the Occupy Oakland encampment (a still-tense situation that we’re now on the scene covering) and two similar late-night police crackdowns on OccupySF in recent weeks, Sup. John Avalos and co-sponsors Eric Mar and David Campos are introducing a resolution at today’s San Francisco Board of Supervisors meeting that calls for the city to explicitly allow the OccupySF encampment and its related infrastructure to remain.

That resolution (the full text follows below), which Avalos legislative aide Raquel Redondiez says will be the subject of a special hearing on Monday before being considered by the full board on Tuesday, Nov. 1, grew out of testimony from OccupySF participants that Avalos solicited at last week’s board meeting following a late night police raid on Oct. 16 that resulted in five arrests and many injuries.

As we report in this week’s paper (see “Mixed messages,” to be posted this evening, Tues/25), at that Oct. 18 board meeting, Mayor Ed Lee took the position that no tents, kitchens, or other infrastructure would be permitted, a stance that Police Chief Greg Suhr seemed to soften slightly at a raucous Police Commission hearing the next day. In the face of those mixed messages, OccupySF grew into a full-blown tent city in Justin Herman Plaza and there have been no real conflicts with police since.

Both the San Francisco Police Department and the Mayor’s Office were slow to respond to messages we left all week seeking to clarify the city’s policy toward OccupySF, but both finally got back to us last night after the article had gone to press.

SFPD spokesperson Daryl Fong told us, “We’re still currently doing daily safety inspections at Justin Herman Plaza and continuing to provide leafletting…We’re educating the campers about violations and concerns for public safety,” such as unsanitary conditions or unsafe camping structures.

But he said OccupySF hasn’t been given any deadlines for removing structures and there are no current plans for another raid. “Our goal is to get compliance from the campers voluntarily,” he said. “This situation is being continually monitored as it progresses.”

When we asked the Mayor’s Office about the contradiction being Lee’s stance and the city’s reaction to the growing tent city, Press Secretary Christine Falvey wrote, “The mayor’s position on Occupy SF has not changed. He has directed his departments to facilitate peaceful protest, but not allow structures, tents, or a permanent campsite. He wants to ensure the area is safe for demonstrators and the general public. If you have been to the site, you may have seen the Fire and Public Health Departments conducting inspections for public health and safety concerns and you may have seen Recreation and Park and Police staff informing people of the parks and public safety codes that prohibit camping equipment. Individuals are being informed daily of this and the city’s Homeless Outreach Team is offering services to anyone in the area who may need it. The policy stands and departments are educating the group about what is and is not allowed and the mayor expects those who want to use the space to protest, to follow the rules.”

But OccupySF protesters say they have no intention of leaving the space, believing it’s their right to be there as part of a national movement spotlighting the greed and corruption of the wealthiest 1 percent of Americans. And when I told Falvey that the encampment seems to defy the mayor’s stated position, she wrote, “The mayor has asked several departments to enforce the existing codes, and I understand a number of informational contacts have gone out daily to educate those using the plaza about what is allowable in addition to Fire and Public Health inspections to make sure open flames or dangerous materials are not being used or stored at the site.”

I told her that didn’t address my question, and I asked for a reaction to the Avalos legislation that would explicitly allow “tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food,” which is the reality now on the ground. I’ll update this post when I get a response.

In the meantime, here’s the full text of the resolution:

[Expressing Support for Occupy Wall Street Protest Movement and the People’s Right to Peaceful Assembly in San Francisco]

Resolution Supporting the Occupy Wall Street Protest Movement and Urging Mayor Lee to Uphold People’s Right to Peaceful Assembly and Collaborate with Occupy SF to Ensure Safety of the Protestors, their Supporters, and the Greater Public.

WHEREAS, “Occupy Wall Street” was formed by a broad spectrum of people coming together to protest the corporate-serving economic and political system controlled by the 1 percent, profiting at the expense of 99 percent of the people; and

WHEREAS, Three years after the current financial crisis caused by Wall Street speculators and profiteers, the unemployment rate in the United States is still at the highest level since the Great Depression with the unemployment rate in San Francisco currently at 8.3 percent; and,

WHEREAS, The United States’ major banking institutions, which have been bailed-out by the government and United States taxpayers, have done little to prevent massive foreclosure of residential properties or support the revitalization of local economies by sustaining small businesses; and,

WHEREAS, Since 2008, there have been 1.2 million foreclosures in California, with 12,410 homes in San Francisco alone; and,

WHEREAS, The “Occupy Wall Street” protest movement has struck a chord with the people of the United States and around the world, inspiring over 900 similar protests and solidarity actions across the country, where tens of thousands of people have come out to express their deep indignation against Wall Street greed and systemic socio-economic injustices; and,

WHEREAS, The “Occupy” demonstrations are a rapidly growing movement of people from all walks of life with the goal of occupying public space in order to create a shared dialogue and assert demands for economic justice; and,

WHEREAS, The “Occupy” demonstrations have been supported by the California Nurses Association/ National Nurses Association, American Federation of Labor -Congress of Industrial Organizations, Change to Win, International Longshore and Warehouse Union-International, Teamsters Joint Council 7, Services Employees International Union, Laborers International Union of North America, and many others; and,

WHEREAS, The OccupySF demonstrations began in September with small gatherings of people and have since grown and gained supported from thousands of individuals, community and faith-based organizations, and unions; and,

WHEREAS, On October 12, a 500-person march and civil disobedience organized by local community groups received national media attention, exposing the struggles of San Francisco residents against foreclosure, corporate control, and spiraling unemployment; and,

WHEREAS, The October march and protest action culminated in civil disobedience and, despite the arrest of 11 people, lacked any antagonistic conflict between the police and protestors; and,

WHEREAS, Similar to demonstrations in hundreds of cities across the United States, OccupySF demonstrators are asserting their rights to free speech and peaceful assembly 24 hours a day, seven days a week, in order to create public dialogue around corporate control of the political process and public space; and,

WHEREAS, Numerous and various groups continue to join the protesters at OccupySF, including an interfaith clergy contingent and the California Nurses Association, which has set up a First Aid tent to support the protestors and help ensure public safety; and,

WHEREAS, The City of San Francisco has a right and duty to ensure the safety and security of the general public including the protestors and their supporters; and,

WHEREAS, Since the beginning of the protest, City actions have resulted in the confiscation of food, tents, sleeping bags, and other belongings from the OccupySF demonstrators as well as causing preventable injuries and arrests; and,

WHEREAS, The City has a lengthy and proud history of political protest and has upheld the rights of people to free speech, freedom of assembly, and peaceful protest; and,

WHEREAS, With clear leadership from the Mayor, City departments can set a tone of cooperation and collaboration with OccupySF protestors and supporters, help mitigate harm, and address any public safety, health and sanitation concerns, all while avoiding unnecessary conflict; now, therefore, be it

RESOLVED, That the Board of Supervisors supports the Occupy Wall Street protest movement and the rights of all who protest to assemble peacefully and enjoy free speech in the City and County of San Francisco; and, be it

FURTHER RESOLVED, That the Board of Supervisors recognizes that Free Speech and Freedom of Assembly should not be limited to daytime nor short-term activities and we deem the need of protesters to have tents, tarps, First Aid supplies, environmentally clean and fire-safe energy sources, and the ability to store, prepare, and serve hot food reasonable; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges the Mayor, the Police Department, and other City agencies to uphold the rights of protestors to political speech and public assembly, and to recognize that the full exercise of such rights requires that participants are able to attend to the needs of everyday life, and have a space free from harassment; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee to direct the Recreation and Park Department, the Department of Public Works, the Police Department, and other City agencies, as relevant, to be flexible and to collaborate with protestors for the safe sharing of public spaces, in which demonstrators can exercise their political rights and the City can address legitimate safety concerns while avoiding unnecessary antagonism; and, be it

FURTHER RESOLVED, That the Board of Supervisors urges Mayor Ed Lee, in order to prevent further harm and conflict to any members of the public, including protestors of OccupySF, to direct the Police Department to ensure that there will be no use of force to dislodge the OccupySF demonstrators and confiscate their belongings.

Editorial: Mayor Lee is tough as hell on Occupy SF protestors, but keeps City Hall safe for PG@E and the downtown gang

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And so Mayor Ed Lee once again shows his true colors:  he is tough as hell on Occupy SF protestors and, unlike every other mayor in every other U.S. city,  sends in the cops to roust them out in  two midnight raids and trumpets the word  by bullhorn from the mayor’s office that he will harass them until the end of time. Meanwhile, he is is quietly sending  sending out the message that under his stewardship that City Hall will be safe for PG@E, the downtown gang, the big developers, the bailed banks, and the feds who are going after the dispensers of medical marijuana and the newspapers who run their ads.  (Full disclosure: that’s us at the Guardian.)  B3

EDITORIAL This is what civility and compromise looks like:

At a little after 10 P.m. Oct 16, a squadron of San Francisco police equipped with riot gear raided and attempted to shut down the OccupySF protest. It was the second time San Francisco has embarrassed itself, becoming the only major U.S. city to attempt to evict members of the growing Occupation movement — and this time, the cops used a lot more force.

The first crackdown, on Oct. 5, was supposedly driven by concerns that the activists were using an open flame for their communal kitchen without the proper permits. This time around, the alleged lawbreaking was confined to a Park Code section that bans sleeping in city parkland after 10 p.m. And since Justin Herman Plaza, where OccupySF is camped, is technically under the jurisdiction of the Recreation and Park Department, that ordinance could be enforced.

But let’s be serious: The encampment endangered nobody, and if any Rec-Park officials had actually complained, the police couldn’t provide their names. This was all about rousting a protest against corporate greed and economic injustice. It came with police batons, several beatings and five arrests.

And the mayor of what many call the most liberal city in America hasn’t said a word. Mayor Ed Lee was clearly consulted on the raid, clearly approved it — and now becomes unique among the chief executives of big cities across the country, most of whom have worked to find ways to avoid police confrontations.

David Chiu, the president of the Board of Supervisors, issued a ridiculous statement saying that “Both the Occupy SF protesters and the San Francisco Police Department need to redouble their efforts to avoid confrontations like the ones we saw last night.” No: The protesters didn’t start it, didn’t provoke it, didn’t want it — and frankly, did their best to avoid it. The crackdown is all about the folks at City Hall trying to get rid of one of the most important political actions in at least a decade — and doing it with riot police.

This is what the civility and compromise so touted by Mayor Lee and Board President Chiu looks like. And it’s a disgrace.

In Oakland, where the encampment at Frank Ogawa Plaza, renamed Oscar Grant Plaza for the event, has far more people than Occupy SF, city officials approached the activists and offered to issue whatever permits were needed. Mayor Jean Quan visited the general assembly, waited her turn to speak, and then politely asked the group not to damage the somewhat fragile old oak tree on the site. In deference to her wishes, the group surrounded the tree with a fence.

In New York, the private owner of the park where Occupy Wall Street is camped agreed not to evict the demonstrators — or even move some of them to all for a regular park cleaning.

Why is San Francisco acting so hostile? Is this not a city with a reputation for political activism and tolerance? Is it really that big a problem to allow activists to peacefully occupy public space to denounce the greatest corporate thievery in a generation?

San Francisco ought to be supporting the OccupySF movement, not harassing it. Lee should immediately call off the police raids. The Board of Supervisors should have a hearing on this, bring Police Chief Greg Suhr, Mayor Lee and representatives of Rec-Park and the Department of Public Health and work out a solution that doesn’t involve repeatedly rousting the protesters in the middle of the night. And if this continues, perhaps OccupySF should move to the plaza in front of City Hall.

Sup. John Avalos is the only person at City Hall who is making an outspoken effort to protect the protest; he needs some support.

 

The selling of Ed Lee

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steve@sfbg.com

Ed Lee has gone through a remarkable makeover in the last year, transformed from the mild-mannered city bureaucrat who reluctantly became interim mayor to a political powerhouse backed by wealthy special interests waging one of the best-funded and least transparent mayoral campaigns in modern San Francisco history.

The affable anti-politician who opened Room 200 up to a variety of groups and individuals that his predecessor had shut out — a trait that won Lee some progressive accolades, particularly during the budget season — has become an elusive mayoral candidate who skipped most of the debates, ducked his Guardian endorsement interview, and speaks mostly through prepared public statements peppered with contradictions that he won’t address.

The old Ed Lee is still in there somewhere, with his folksy charm and unshakable belief that there’s compromise and consensus possible on even the most divisive issues. But the Ed Lee that is running for mayor is largely a creation of the political operatives who pushed him to break his word and run, from brazen power brokers Willie Brown and Rose Pak to political consultants David Ho and Enrique Pearce to the wealthy backers who seek to maintain their control over the city.

So we thought it might be educational to retrace the steps that brought us to this moment, as they were covered at the time by the Guardian and other local media outlets.

Caretaker mayor

The story begins quite suddenly on Jan. 4, when the Board of Supervisors convened to consider a replacement for Gavin Newsom, who had been elected lieutenant governor but delayed his swearing-in to prevent the board from choosing a progressive interim mayor who might then have an advantage in the fall elections. Newsom and other political centrists insisted on a “caretaker mayor” who pledged to vacate the office after serving the final year of the current term.

It was the final regular meeting of the old board, four days before the four newly elected supervisors would take office. What had been a bare majority of progressive supervisors openly talked about naming former mayor Art Agnos, or Sheriff Michael Hennessey, or maybe Democratic Party Chair Aaron Peskin as a caretaker mayor.

When then-Sup. Bevan Dufty said he would support Hennessey, someone Newsom had already said was acceptable, the progressive supervisors decided to coalesce around Hennessey. That was mostly because the moderates on the board had suddenly united behind a rival candidate who had consistently said didn’t want the job: City Administrator Ed Lee.

Board President David Chiu was the first in the progressive bloc to breaks ranks and back Lee, saying that had long been his first choice. Dufty became the swing vote, and he abstained from voting as the marathon meeting passed the 10 p.m. mark, at which point he asked for a recess and walked down to Room 200 to consult with Newsom.

At the time, Dufty said no deals had been cut and that he was just looking for assurances that Lee wouldn’t run for a full term (Dufty was already running for mayor) and that he would defend the sanctuary city law. But during his endorsement interview with the Guardian last month, he confessed to another reason: Newsom told him that Hennessey had pledged to get rid of Chief-of-Staff Steve Kawa, a pro-downtown political fixer from the Brown era who was despised by progressive groups but liked by Dufty.

Chiu and others stressed Lee’s roots as a progressive tenants rights attorney, the importance of having a non-political technocrat close the ideological gap at City Hall and get things done, particularly on the budget. So everyone just hoped for the best.

“Run, Ed, Run”

The drumbeat began within just a couple months, with downtown-oriented politicos and Lee supporters urging him to run for mayor in the wake of a successful if controversial legislative push by Lee, Chiu, and Sup. Jane Kim to give million of dollars in tax breaks to Twitter and other businesses in the mid-Market and Tenderloin areas.

In mid-May, Pak and her allies created Progress for All, registering it as a “general civic education and public affairs” committee even though its sole purpose was to use large donations from corporations with city contracts or who had worked with Pak before to fund a high-profile “Run, Ed, Run” campaign, which plastered the city with posters featuring a likeness of Lee.

Initially, that campaign and its promotional materials were created by Pak (who refuses to speak to the Guardian) and political consultant Enrique Pearce (who did not return calls for this article) of Left Coast Communications, which had just run Kim’s successful D6 victory over progressive opponent Debra Walker, along with Pak protégé David Ho.

During that campaign, the Guardian and Bay Citizen discovered Pearce running an independent expenditure campaign called New Day for SF, funded mostly by Willie Brown, out of his office, despite bans of IEs coordinating with official campaigns. That tactic would repeat itself over the coming months, drawing criticism but never any sanctions from the toothless Ethics Commission. Pearce was hired by two more pro-Lee IEs: Committee for Effective City Management and SF Neighbor Alliance, for which he wrote the book The Ed Lee Story, a supposedly “unauthorized biography” filled with photos and personal details about Lee.

Publicly, the campaign was fronted by noted Brown allies such as his former planning commissioner Shelly Bradford-Bell, Pak allies including Chinatown Community Development Center director Gordon Chin, and a more surprising political figure, Christina Olague, a progressive board appointee to the Planning Commission. She had already surprised and disappointed some of her progressive allies on Feb. 28 when she endorsed Chiu for mayor during his campaign kickoff, and even more when she got behind Lee.

Olague recently told us the moves did indeed elicit scorn from some longtime allies, but she defends the latter decision as being based on Lee’s experience and willingness to dialogue with progressives who had been shut out by Newsom, noting that she had been asked to join the campaign by Chin. Olague also said the decision was partially strategic: “If we get progressives to support him early on, maybe we’ll have a seat at the table.”

Right up until the end, Lee told reporters that he planned to honor his word and not run. During a Guardian interview in July when we pressed him on the point, Lee said he would only run if every member of the Board of Supervisors asked him to, although about half the board publicly said that he shouldn’t, including Sup. Sean Elsbernd, who nominated him for interim mayor.

And then, just before the filing deadline in early August, Lee announced that he had changed his mind and was running for mayor, the powers of incumbency instant catapulting him into the frontrunner position where he remains today, according to the most recent poll by the Bay Citizen and University of San Francisco.

Lee the politician

With his late entry into the race and decision to forgo public financing and its attendant spending limits, one might think that Lee would have to campaign aggressively to keep his job. But most of the heavy lifting has so far been done by his taxpayer-financed Office of Communications (which issues press releases at least daily) and by corporate-funded surrogates in a series of coordinated “independent” groups (see Rebecca Bowe’s story, “The billionaires’ mayor”).

That has left Lee to simply act as mayor, where he’s made a series of decisions that favor the business community and complement the “jobs” mantra cited relentlessly by centrist politicians playing on people’s economic insecurities.

Yet Lee has been elusive on the campaign trail and to reporters who seek more detailed explanations about his stands on issue or contradictions in his positions, and his spokespersons sometimes offer only misleading doublespeak.

For example, Lee’s office announced plans to veto legislation by Sup. David Campos that would prevent businesses from meeting their city obligation to provide a minimum level of employee health benefits through health savings accounts that these businesses would then pocket at the end of the year, taking $50 million last year even though some of that money had been put in by restaurant customer’s paying 5 percent surcharges on their bills.

Although Campos, the five other supervisors who voted for the measure, four other mayoral candidates, and its many supporters in the labor and consumer rights movements maintained the money belonged to workers who desperately needed it to afford expensive health care, the San Francisco Chamber of Commerce said it was about “jobs” that would be protected only if businesses could keep that money.

Lee parroted the position but tried to push the political damage until after the election, issuing a statement entitled “Mayor Lee Convenes Group to Improve Health Care Access & Protect Jobs,” saying that he would seek to “develop a consensus strategy” on the divisive issue — one in which Campos said “we have a fundamental disagreement” — that would take weeks to play out.

After a frustrating back-and-forth with Lee Press Secretary Christine Falvey by email, it’s still unclear how to resolve the contradiction between whether businesses could seize these funds or whether they belonged to employees, with her latest statement being, “The Mayor absolutely wants these funds spent on providing access to quality primary and preventative health care because this is the business’s obligation under HCSO. Making sure that these funds go to pay for health care is the most important objective.”

Similarly, when police raided the OccupySF encampment on Oct. 5, Lee’s office issued a statement that was a classic case of politicians trying to have it both ways, expressing support for the movement and its goal to “occupy” public space, but also supporting the need to police to clear the encampment of those same occupiers.

But now, in the wake of a repeat raid on Oct. 16 that has inflamed passions on the issue, the question is whether Lee can run out the clock and retain the office he gained on the promise of being someone more than a typical politician.

The bad old days

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tredmond@sfbg.com

Willie L. Brown, according to the Chronicle’s John Cote, is “a tremendously popular figure in the city, viewed by many as an avuncular man-about-town, elder statesman and a uniquely San Franciscan character.” The Ed Lee Story, a hagiographic campaign book, refers to Brown’s “characteristic showmanship and hypnotic charm.” Even Randy Shaw, the housing activist who clashed with Brown over gentrification once upon a time, now says in BeyondChron that Brown’s first term “was the most progressive of any mayor in modern San Francisco history.”

I feel as if I’m living in some sort of strange parallel universe, something out of Orwell or North Korea or the Soviet Union of the 1950s. It’s as if history never happened, as if the years between 1996 and 2004 have just vanished, have been deleted from San Francisco’s collective memory. It’s crazy.

I wonder:

What about the thousands and thousands of people who lost their homes and were tossed out of the city like refugees from a war? What about the rampant corruption at City Hall? What about the legions of unqualified political cronies who got good jobs and commission posts? What about the iron-fisted machine rule that kept local politics closed to all but the loyal insiders? Doesn’t any of that count?

Here are some things that absolutely, undeniable, demonstrably happened while Willie Brown was mayor:

Rents on the East Side of town, particularly in the Mission, tripled and sometimes quadrupled between 1996, when Brown took office, and 2004, when he left. Evictions more than tripled, too, and at one point more than 100 people a month were losing their homes. Most of those people were low-income, long-term tenants. They were forced out because richer people were moving into town during the dot-com boom and could pay more for those apartments. We called it the “Economic Cleansing of San Francisco.”

Every day, it seemed, we’d be out at another rally as the Tenants Union and the Mission Antidisplacement Coalition tried to save another family from the forces of gentrification. Every week, it seemed, another group house full of artists would be served an eviction notice. Everywhere you looked, nonprofits and small businesses were losing space to high-tech companies with plenty of money.

I watched the wrecking crew tear down a studio complex on Bryant Street, forcing more than 100 painters and photographers to leave, to make way for a high-tech office project that was approved even though it violated the local zoning laws — and then was never built. For two years, I walked to get my lunch past the empty hole in the ground that had once been a thriving community.

That was typical. Every developer who waved money in front of the mayor got a building permit, no matter how crazy, illogical or illegal the project was. The Planning Department and the Bureau of Building Inspection were little more than fronts for the lobbyists and Brown cronies who determined development policy in the city.

In October, 1999, the author Paulina Borsook wrote a famous piece in Salon called “How the Internet Ruined San Francisco.” I agreed with the sentiment; the influx of the dot-commers was wrecking all that was cool and weird about the city. But she got one point wrong: The Internet didn’t ruin anything. The Internet was, and is, a technology, a tool, something that, like most technological advances, can be used for good or evil.

Mayor Brown didn’t create the dot-com boom. Although he took credit for an awful lot of things, even Willie didn’t claim to have invented the Internet.

But what he did — and what ruined many San Francisco neighborhoods, and ruined the lives of many San Franciscans — was to let the economic cleansing of the city happen, without raising a finger to slow it down or prevent the evictions or protect the most vulnerable people in the city. Over and over, he encouraged it — by appointing commissioners and supervisors and department heads who allowed evictions and development and displacement in the name of growth and prosperity.

In fact, when reporters from the zine Maximum Rock ‘n’ Roll asked Brown about the problems facing poor people, he told them that the city had become so expensive that poor people would be better off living somewhere else.

Because he didn’t care about poor people, or tenants, or artists, or anyone who lacked money and flash and dazzle and clout. He was the worst kind of imperial mayor.

Here’s how we put in it in our 33rd anniversary issue in 1998:

“Let’s say the next major earthquake that hits San Francisco is of roughly the same magnitude of the Loma Prieta quake of 1989, or maybe just a bit stronger. Let’s say it wipes out right 1,000 houses and leave some 5,000 people homeless … and lets say a few unscrupulous profiteers take advantage of the shortages of critical supplies and charge desperate residents triple the normal rate for food, blankets and drinking water….

“The profiteers, speculators and charlatans would be exposed in the press and roundly, loudly denounced by every political and community leader in the city. The ones who didn’t wind up in jail would be forced to leave town in disgrace.”

Or else they wouldn’t. Because when an economic earthquake ravaged San Francisco during his term, Brown — the most powerful mayor in modern history, a guy who could have had an immense impact on what was happening — went to meet the speculators and profiteers with outstretched arms, welcomed them to the city and partied with them at night.

And when he ran for re-election, they thanked him by funding an astonishing $5 million campaign.

Then there was the corruption. Not only did Brown raise pay-to-play to a new art form, he filled the city payroll and key commissions with campaign workers, former political allies, and cronies, subverting the civil service system and undermining both the function of city agencies and public respect for local government. At least seven Brown appointees were indicted or investigated for criminal misconduct. While sentencing a Housing Authority official to five years in prison, U.S. District Judge Charles Legge decried what he called Third World-style corruption at San Francisco City Hall.

When Mayor Ed Lee, who is now seeking a full four-year term, was asked to give Brown a grade for his eight years in Room 200, Lee said: A-Plus.

Which makes us a little nervous. To say the least.

I’ve been going back through the Guardian archives over the past couple of weeks, picking out some great covers to reproduce (see page 18) and looking at four and a half decades of alternative news coverage of San Francisco. And if there’s one theme that emerges from the stacks and stacks and stacks of papers, it’s that local government matters.

In the 1960s, when the underground press was talking about sex, drugs and dropping out, the Guardian was talking about the ways big corporations were stealing the taxpayers’ money at City Hall. (Okay, the Guardian wrote about sex and drugs too. But sex and drugs and political scandals.)

The difference between the independent alternative press and the underground papers of the era was more than just thematic. The underground publishers were having a great time and celebrating culture, but none of those publications was built to last. From the day they published their first issue in October, 1966, Guardian founders Bruce Brugmann and Jean Dibble intended their paper to become a permanent part of San Francisco.

The Guardian quickly demonstrated that it had a different approach than a lot of the “New Left” — particularly when it came to electoral politics. At a time when some were saying that it made no difference whether Ronald Reagan or Pat Brown won the 1966 governor’s race, the Guardian made the key point about Reagan.

“California cannot afford the luxury of this kind of conservatism,” a Nov. 7, 1966 editorial stated. “Because of the millions of people coming to California, because San Francisco and Los Angeles soon will have the greatest concentration of urban power in history, because farm land and open space is vanishing at a suicidal rate, because technology is putting vast populations out of work, because of the social neglect of our cities and the uglification of our countryside, because we now have the knowledge to bridge the gap between the rich and the poor.”

And while the paper devoted considerable space to reporting on and opposing the war in Vietnam, it was also developing a reputation for local investigative reporting. One June 7, 1971 story showed how the city had all of its short-term deposits in local banks that paid no interest at all. The story parked an investigation by the city’s budget analyst, the resignation of the city treasurer — and a new investment policy that brought the city at least $1 million more revenue a year. (Adjusted for inflation, that’s about $5 million a year, times 40 years is a lot of money that the Guardian brought into the city coffers).

And from the start, the Guardian was a nonpartisan, independent foe of corruption, secrecy and undue influence at City Hall. So while the paper eagerly endorsed Phil Burton (and later his brother, John) for Congress and lauded their antiwar and environmental policies, the Guardian also blasted the Burtons for exercising undue influence back home. The paper strongly endorsed George Moscone for mayor — then denounced him when he fired Harvey Milk from a commission post after Milk had the gall to challenge the Moscone/Burton candidate for state Assembly.

The 1999 Sunshine Ordinance, which dramatically opened up City Hall records, was sponsored and promoted by the Guardian. Willie Brown and his cronies hated it.

It’s probably a misnomer to say that the Burtons, who were a dominant force in local politics in the 1970s and 1980s, ran an old-fashioned machine. They didn’t have the iron control over local politics and the patronage jobs system that the word “machine” implies.

But when Brown became mayor of San Francisco, he had all of that. Brown controlled eight solid votes on the Board of Supervisors (and through various political machinations, had managed to appoint most of them). “He ruled the building,” Assemblymember Tom Ammiano, who was a supervisor during those years, recalled. “If you defied him, you were radioactive.”

And one of the people who rose through the ranks as a loyal Brown appointee was Ed Lee. Who to this day thinks things in that administration were just dandy.

 

The Lee campaign complains about “guilt by association,” and that’s a legitimate point. Ed Lee isn’t Willie Brown. He’s a lot more open, a lot (a lot) more humble, and as numerous progressives have pointed out to us, his door is open. He doesn’t have the history of sleaze that pretty much defined Brown’s political career.

There will be no “Ed Lee Machine.” In fact, with district elections of supervisors pretty much guaranteeing more diffuse political power in the city, there will never be another mayor able to rule the way Brown did.

And these days, Brown’s clout could easily be overstated. Until he engineered the selection of Ed Lee as mayor, his power seemed to be waning. And even Mayor Lee hasn’t done everything that Brown wanted.

Of course, the Chronicle, which he helped immensely when Hearst Corp. bought the paper and had trouble with federal regulators, has helped Brown by giving him a column that created a new, sanitized persona.

But the important thing about the Brown administration was not so much who was in charge but who benefited. The landlords, the developers, the big corporations got pretty much what they wanted from City Hall. The rest of us got screwed.

And now those same interests — in some cases, the exact same people — who supported, promoted and worked with Willie Brown are backing Lee for mayor. If they thought he was going to be an independent progressive, that money and support wouldn’t be coming in. There are people who miss the machine days — and if they think Ed Lee is their guy, it’s reason to worry.

Corruption matters. When people lose faith in local government because they see the kind of sleaze that was daily business under Brown, then they stop wanting to pay taxes for public services. After all, the mayor is wasting our money already. Lee may be a decent guy — but some of the people he hangs out with, some of the people who are supporting him, have a long and very unpleasant history in this town. And all the time he was sitting there at City Hall, while Brown was running a corrupt operation that did lasting damage, Lee never raised a public finger in protest. I hate to see all the history forgotten when people decide who to support for mayor in November, 2011.

SF values and OccupySF

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EDITORIAL This is what civility and compromise looks like:

At a little after 10 P.m. Oct 16, a squadron of San Francisco police equipped with riot gear raided and attempted to shut down the OccupySF protest. It was the second time San Francisco has embarrassed itself, becoming the only major U.S. city to attempt to evict members of the growing Occupation movement — and this time, the cops used a lot more force.

The first crackdown, on Oct. 5, was supposedly driven by concerns that the activists were using an open flame for their communal kitchen without the proper permits. This time around, the alleged lawbreaking was confined to a Park Code section that bans sleeping in city parkland after 10 p.m. And since Justin Herman Plaza, where OccupySF is camped, is technically under the jurisdiction of the Recreation and Park Department, that ordinance could be enforced.

But let’s be serious: The encampment endangered nobody, and if any Rec-Park officials had actually complained, the police couldn’t provide their names. This was all about rousting a protest against corporate greed and economic injustice. It came with police batons, several beatings and five arrests.

And the mayor of what many call the most liberal city in America hasn’t said a word. Mayor Ed Lee was clearly consulted on the raid, clearly approved it — and now becomes unique among the chief executives of big cities across the country, most of whom have worked to find ways to avoid police confrontations.

David Chiu, the president of the Board of Supervisors, issued a ridiculous statement saying that “Both the Occupy SF protesters and the San Francisco Police Department need to redouble their efforts to avoid confrontations like the ones we saw last night.” No: The protesters didn’t start it, didn’t provoke it, didn’t want it — and frankly, did their best to avoid it. The crackdown is all about the folks at City Hall trying to get rid of one of the most important political actions in at least a decade — and doing it with riot police.

This is what the civility and compromise so touted by Mayor Lee and Board President Chiu looks like. And it’s a disgrace.

In Oakland, where the encampment at Frank Ogawa Plaza, renamed Oscar Grant Plaza for the event, has far more people than Occupy SF, city officials approached the activists and offered to issue whatever permits were needed. Mayor Jean Quan visited the general assembly, waited her turn to speak, and then politely asked the group not to damage the somewhat fragile old oak tree on the site. In deference to her wishes, the group surrounded the tree with a fence.

In New York, the private owner of the park where Occupy Wall Street is camped agreed not to evict the demonstrators — or even move some of them to all for a regular park cleaning.

Why is San Francisco acting so hostile? Is this not a city with a reputation for political activism and tolerance? Is it really that big a problem to allow activists to peacefully occupy public space to denounce the greatest corporate thievery in a generation?

San Francisco ought to be supporting the OccupySF movement, not harassing it. Lee should immediately call off the police raids. The Board of Supervisors should have a hearing on this, bring Police Chief Greg Suhr, Mayor Lee and representatives of Rec-Park and the Department of Public Health and work out a solution that doesn’t involve repeatedly rousting the protesters in the middle of the night. And if this continues, perhaps OccupySF should move to the plaza in front of City Hall.

Sup. John Avalos is the only person at City Hall who is making an outspoken effort to protect the protest; he needs some support.

Two words Ed Lee doesn’t want to hear

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There are two words no candidate wants to hear a month before Election Day:

“Criminal investigation.”

I give District Attorney George Gascon credit — I didn’t think he’d ever really go after municipal corruption, but he’s showing at least a bit of political spine here, launching an investigation into the dubious campaign contributions of Ed Lee. Lee’s campaign immediately said there would be full cooperation:

Last week, Mayor Lee’s campaign returned 23 contributions associated with Go Lorrie’s Shuttle company as a result of the campaign’s own concerns and compliance review. On Friday, the campaign reached out to the District Attorney’s Office, the U.S. Attorney’s Office, the Ethics Commission and the Fair Political Practices Commission to offer its full assistance in any investigation or review. It is important to note that there is nothing about the District Attorney’s statement or initiation of an investigation that suggests that Mayor Lee’s campaign is a target.

And at this point, there’s no way to know how far the investigation will go or what it will turn up. But the very fact that the D.A. is looking into all of this looks bad for Lee.

And if Gascon’s office scours not only the Go Lorrie’s money but the rest of Lee’s campaign contributions — and the independent expenditure committees that aren’t supposed to be coordinating with each other or the main campaign — he might find more.

Bill Barnes, who works with the Lee campaign, told me that he was doing everything possible to make sure the contributions were all on the up-and-up. “I can’t control the i.e.’s,” he said, “but we are very careful to follow the law.”

He also said that it’s possible there were mistakes, like the Go Lorrie’s money. “We’re raising a lot of money in a short period of time,” he said.

But you see, that’s part of the problem. You enter the race late, refuse to accept public financing (and abide by spending limits) and start trying to raise more than a million bucks in a few weeks, and it’s too easy to get sloppy. Add in the fact that people like Willie Brown, who never cared much for campaign contribution or ethics laws, are involved in the fundraising, and you have a recipe for real trouble.

 

Lee’s talking points sound familiar

Interim Mayor Ed Lee released a 17-point jobs plan last week as part of his bid for mayor, prompting City Attorney Dennis Herrera to accuse the interim mayor of “plagiarism” since Herrera, also a contender for mayor, issued a 17-point jobs plan himself earlier this year.

Herrera’s campaign also criticized Lee for ending his plan with Herrera’s signature slogan, “a city that works.”

But Herrera isn’t the only mayoral candidate for whom Lee’s campaign rhetoric rings a bell. Board President David Chiu, who attracted a great deal of attention earlier this year for his statement that supervisors are elected not to take positions but to “get things done,” seems to have served as a muse to the campaign consultants who thought up Lee’s campaign slogan: “Ed Lee Gets it Done.”

(Which — is it just me? — or does having that phrase plastered everywhere bring to mind something more like this?):

http://www.youtube.com/watch?v=OnDO5VTge6w

Lee’s “new era of civility in City Hall,” meanwhile, closely echoes language Chiu has used on the campaign trail. At a campaign stop in June, Chiu told a room of supporters that before civility was restored this year, “City government was frankly pretty dysfunctional.” Politicians from different political factions bickered with one another, he said, and “they literally couldn’t even sit in the same room.”

At an Aug. 11 rally, Lee told supporters, “We have changed the tone in which we run government,” and added, “I still have in my mind the screaming and the yelling” that the city family used to engage in. 

A few more striking similarities, taken from the candidates’ respective campaign websites:

*  David Chiu says he’ll “Prioritize hiring of local residents.”
*  Ed Lee says he’ll “Hire San Franciscans.”

*  David Chiu says he’ll “Invest in community institutions and infrastructure.”
*  Ed Lee says he’ll “Invest in infrastructure jobs.”

*  David Chiu says he’ll “Support the continued growth of the technology sector.”
*  Ed Lee says he’ll “Attract & grow the jobs of the future.”

*  David Chiu says he’ll “[Expand] the impact of SFMade.”
*  Ed Lee says he’ll “Revive local manufacturing – ‘Made in San Francisco.’”

*  David Chiu says he’ll “Fill vacant storefronts.”
*  Ed Lee says he’ll “Improve blighted areas.”

*  David Chiu says he’ll “Reform our broken business tax. San Francisco is the only city in California that levies a tax on businesses exclusively on payroll.”
*  Ed Lee says he’ll “Reform the Payroll tax  … Mayor Lee knows that San Francisco’s current business tax structure punishes job creation when it should reward it.”

Asked to comment on the remarkable similarities in campaign materials, Lee spokesperson Tony Winnicker told the Guardian, “It’s just another baseless attack from Dennis Herrera’s campaign, only this one sounds like he’s in the third grade.

“Mayor Lee has been giving small business loans and recruiting new jobs to San Francisco from his first days as Mayor,” Winnicker continued. “His economic plan builds on the good work and projects underway and includes many genuinely new ideas to create even more jobs for the future.”

Winnicker added, “As for President Chiu, it’s no surprise that he and Mayor Lee would share many views on how to create jobs for our City as they’ve worked together closely on many issues throughout the year. He thinks President Chiu has many good ideas in addition to Mayor Lee’s own new proposals in our 17-point economic plan. Mayor Lee looks forward to continuing to work with Board President Chiu to create jobs for every neighborhood of our City.”

Ed Lee’s funny money

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The break on the big campaign news of the week goes to the Bay Citizen’s Gerry Shih, who tracked down a couple of employees of GO Lorrie’s and got them to admit that they had no idea who Ed Lee was and had given him $500 because their boss had agreed to reimburse them in cash. Now the other candidates are making an issue of it — Dennis Herrera has called for a criminal investigation, David Chiu has issued a somewhat weaker statement and Jeff Adachi’s campaign is calling the whole thing sleazy.

What makes this so interesting is not just that someone at GO Lorrie’s may have been laundering contributions — the airport shuttle company has been lobbying the city to try to change the rules around where the shuttle vans get to park. So it’s not just a funky operation to push money to the mayor — it’s money from a company that has a big financial stake in a decision made by city officials (and by the way, the airport commissioners are appointed by the mayor).

Matt Dorsey, a spokesperon for Herrera’s campaign, told us that “there’s a point where campaign activities stop being cute and questionable and become illegal.” He noted that Mayor Lee, while vowing to return the tainted money, hasn’t called for a further inquiry.

“If laundered campaign contributions came to the attention of the Herrera campaign, the first person to call for an investigation would be Dennis Herrera,” Dorsey said.

Chiu’s statement: “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.”

More: “Incidents like these are a reminder of the backroom deals and crony politics that San Franciscans are sick of,” said Colin Dyer, field director for Jeff Adachi. “This is just another in a long line of questionable activities surrounding Ed Lee and his powerful special interest backers. He promised to be a different sort of mayor, Ed Lee is just more of the same.

The big question, of course, is whether this will finally start to take the edge off the Ed Lee Teflon. And that depends in part on the San Francisco Chronicle — which put a far less relevant story about Dennis Herrera (one that didn’t involve illegal money laundering) right on the front page in the lead space above the fold.

The Chron, weakened as it is, still helps define the daily news cycle in this town. But guess what? The Chron didn’t break this story. The Bay Citizen did. And it there’s one thing I’ve found to be consistent about the ol’ Chron over the years is that the paper tends to ignore stories broken by the competition.

But this ought to be front-page news everywhere, not just because it’s a potential felony but because it represents the side of Ed Lee that we’re all worried about. In the Bad Old Days, Willie Brown’s operation did stuff like this all the time. Money went in and out of shadow committees and independent expenditure groups and it was almost impossible to keep track of who was giving how much to Brown — except that anyone who wanted to do business with the city had to pay up.

If Ed Lee’s folks are starting to play those same games, then it’s a very bad sign.

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.

Progressives battle downtown over economic and political reforms

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Battles between progressive members of the Board of Supervisors and downtown power brokers such as the San Francisco Chamber of Commerce defined City Hall politics for much of the last decade, until the new politics of “civility” and compromise took hold this year, a dynamic that has favored downtown interests. But now, a pair of important, high-profile issues headed to the full board on Tuesday has revived the old dynamic. And in both cases, wealthy interests are putting enormous pressure on the board.

The first involves a proposal – put forward by Sups. Sean Elsbernd and Mark Farrell, the two most conservative supervisors – to gut the city’s system for publicly financing campaigns because downtown is threatening a lawsuit. They propose to end San Francisco’s program of giving publicly financed candidates more money when a privately funded candidate exceeds the spending cap because the Supreme Court recently struck down similar provisions in Arizona.

This week, after convening in closed session to discuss the threat of litigation by downtown groups, the board voted 7-3 – with Sups. David Campos, Jane Kim, and Eric Mar opposed, and Sup. Ross Mirkarimi absent because he rushed out to large structure fire in his district – for the Elsbernd/Farrell measure, one vote short of the supermajority needed to amend the current city law.

Campaign finance reform advocates such as Steven Hill argue that it’s unfair to modify the city program right in the middle of an election season in which Mayor Ed Lee and the wealthy independent expenditure groups supporting him are poised to spend millions of dollars to defeat a large field of mostly publicly funded mayoral candidates.

Hill and his allies are appealing to Mirkarimi – who told the Chronicle that he is leaning toward supporting the amendment when the measure returns to the board on Tuesday – not to support what they consider an overly broad capitulation to downtown’s threats. They’re also lobbying Sup. John Avalos to switch his vote, while downtown players are putting the screws to supervisors as well.

In an interview with the Guardian, Mirkarimi clarified his stance, noting that he was the sponsor of the original public financing law and his goal is to protect it, even if it needs to be modified to withstand a legal challenge. “I’m looking for alternatives to fortify San Francisco’s program,” he told us, noting that he missed some of this week’s discussion and he’s hoping something can be done to retain provisions that level the financial playing field with wealthy candidates.

Meanwhile, downtown forces are pulling out the stops to kill Sup. David Campos’ legislation that would prevent San Francisco businesses from pocketing money they set aside for their employees’ health care under a city mandate that they provide health coverage – totaling about $50 million last year – legislation that gets its first hearing tomorrow (Friday/30) at 10 am.

Board President David Chiu has put forward competing legislation that is more to the Chamber’s liking, letting businesses (mostly restaurants that are even placing surcharges of customers’ bills, ostensibly to subsidize their legal obligations) keep the money. But Campos and his labor allies believe they have the six votes they need to pass the legislation, thanks largely to moderate Sup. Malia Cohen’s pledge to support the measure.

While even some supporters have quibbled with the timing of this measure, Campos notes the urgency of keeping money intended for workers in their hands. “It’s an outrage and the longer we wait, the worse it gets,” Campos tells us, noting that the practice, “is what many of us consider fraud.”

Unfortunately, even if the board approves the measure this Tuesday, it will still need the signature of Mayor Lee to become law. While he hasn’t formally taken a position, given that his political base is the downtown crowd, he’s expected to veto the measure. But we’ll ask him about it tomorrow when he’s scheduled to meet with the Guardian for an endorsement interview at 2 pm.

On Guard!

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news@sfbg.com

 

CENTRAL SUBTERFUGE

While supporters of the controversial Central Subway project — from Mayor Ed Lee and his allies in Chinatown to almost the entire Board of Supervisors — dismiss the growing chorus of critics as everything from ill-informed to racist, they refuse to address the biggest concerns about the project.

In a nutshell, the main concerns center on serious design flaws (such as the lack of direct connections to either Muni or BART), the city’s responsibility for any cost overruns on this complex $1.6 billion project, its estimated $15.2 million increase to Muni’s already strained annual operating budget (a figure used by the Federal Transportation Administration, well over the local estimate of $1.7 million), and the city’s unwillingness to implement its own plans for improving north-south transit service on congested Stockton Street rather than relying solely on such an expensive option for serving Chinatown that doesn’t start until 2019.

Judge Quentin Kopp, a longtime former legislator, called this summer’s grand jury report, “Central Subway: Too Much Money for Too Little Benefit,” the best he’s ever read and one that should be heeded. He recently wrote a letter to top state officials urging them to reconsider the $488 million in state funding pledged to the project. As we reported last week, mayoral candidate Dennis Herrera is also challenging a project that he supported before its most recent cost overruns and design changes.

But supporters of the project pushed back hard on Sept. 14, using taunts and emotional rhetoric that avoided addressing the core criticisms. “Beneath the unfounded criticism about costs is actually a disagreement over values. The grand jury report relied upon by critics makes a only brief and superficial criticism about costs,” Norman Fong and Mike Casey wrote in an op-ed in last week’s Guardian.

Actually, the 56-page grand jury report goes into great detail about why it believes cost overruns are likely, citing the myriad risks from tunneling and SFMTA’s administrative shortcomings and history of mismanagement, including on this project’s less-complicated first phase, the T-Third line, which was 22 percent over budget and a year and half late in completion. Even with the contingencies built into the Central Subway budget, the report notes that a similar overrun would increase the local share of this project from $124 million to more than $150 million.

Mayor Lee purportedly addressed criticism of the project during the Question Time session in the Sept. 14 Board of Supervisors meeting, prompted by a loaded question from Sup. Sean Elsbernd offering Lee the “opportunity to move beyond the clichés and one-liners of political campaigns.”

But Lee’s answer was classically political, touting the estimated 30,000 jobs it would create, praising those who have pushed this project since the 1980s, offering optimistic ridership estimates (that exceed current FTA figures by about 9,000 daily riders), and ignoring concerns about whether the city can cover the ever-increasing capital and operating costs.

“Now is the time to support the Central Subway,” Lee said, flashing his trademark mustachioed grin.

We called the normally responsive Elsbernd, who prides himself on his fiscal responsibility, twice, to ask about financial concerns surrounding the project and he didn’t call back. During their mayoral endorsement interviews with the Guardian last week, we also asked Sups. John Avalos and David Chiu to address how they think the city will be able to afford this project, and neither had good answers about the most substantive issues (listen for yourself to the audio recordings on our Politics blog).

Once Congress gives final approval to $966 million in federal funding for this project sometime in the next couple months, the city will be formally committed to the Central Subway and all its costs. It’s too bad that, even during election season, all its supporters have to offer to address valid concerns are “clichés and one-liners.”(Steven T. Jones)

 

BLACK AGENDA

Mayoral candidates faced tougher questions than usual at a Sept. 15 forum hosted by the Harvey Matthews Bayview Hunters Point Democratic Club. Whereas debates hosted in the Castro and Mission Bay, for instance, featured questions on how candidates planned to clean up city streets, what they thought about AT&T’s plan to place utility boxes on city sidewalks, or how they’d promote a more business-friendly environment, residents brought a thornier set of concerns to the Bayview Opera House.

One question pointed to an alarming statistic based on U.S. Census data and cited by racial justice advocates, showing that residents of the predominantly African American Bayview Hunters Point have a life expectancy that’s 14 years lower, on average, than that of residents of the more well-to-do Russian Hill.

Someone else asked about improving mental health services for lower-income community members struggling with post-traumatic stress syndrome (PTSD). High unemployment figured in as a key concern. And one member of the audience wanted to know how candidates planned to “improve the behavior of the police,” alluding to the mid-July officer-involved shooting that left 19-year-old Seattle resident Kenneth Harding dead, triggering community outrage.

Mayor Ed Lee attended the beginning of the forum but left early to attend an anniversary celebration for the Bayview Hunters Point Foundation; other participants included Terry Joan Baum, Jeff Adachi, Bevan Dufty, Dennis Herrera, David Chiu, Michela Alioto-Pier, and Joanna Rees.

Answers to Bayview residents’ sweeping concerns varied, yet many acknowledged that the southeastern neighborhood had been neglected and ill-served by city government for years.

“There is no economic justice here in Bayview Hunters Point,” Adachi said. “There never has been. That’s the reality.” He pointed to his record in the Pubic Defender’s Office on aggressively targeting police misconduct, and played up his pension reform measure, Prop. D, as a vehicle for freeing up public resources for critical services.

Dufty, who has repeatedly challenged mayoral contenders to incorporate a “black agenda” into their platforms, spoke of his vision for a mayor’s office with greater African American representation, and emphasized his commitment to improving contracting opportunities for minority-owned businesses.

Herrera, meanwhile, was singled out and asked to explain his support for gang injunctions, an issue that has drawn the ire of civil liberties groups. “I only support gang injunctions as a last resort,” he responded. “We shouldn’t have to use them. But … people should be able to walk around without being caught in a web of gang violence. I put additional restrictions on myself to go above and beyond what the law requires, to make sure that I am balancing safe streets with protecting civil liberties.”

Herrera asserted that gang violence had been reduced by 60 percent in areas where he’d imposed the controversial bans on contact between targeted individuals, and noted that the majority of those he’d sought injunctions against in Oakdale weren’t San Francisco residents.

Baum brought questions about a lack of services back to the overarching issue of the widening income and wealth gaps. “Right now, the money is being sucked upward as we speak,” she said. “We have to bring that money back down.”

She closed with her signature phrase: “Tax the rich. Duuuuh.” (Rebecca Bowe)

 

DUFTY REMEMBERS

The selection of Ed Lee as interim (or not-so-interim) mayor of San Francisco was one of those moments that left just about everyone dazed — how did a guy who wasn’t even in town, who had shown no interest in the job, who had never held elective office, suddenly wind up in Room 200?

Well, former Sup. Bevan Dufty, who was going to nominate Sheriff Mike Hennessey and switched to providing the crucial sixth vote for Lee at the last minute, told us the story during his mayoral endorsement interview last week.

Remember: Lee, as recently as a few days earlier, had told people he didn’t want to be mayor. “An hour before the meeting, Gavin (Newsom) called Michela (Alioto-Pier) and me into his office and said Ed Lee had changed his mind,” Dufty told us. He walked out of the Mayor’s Office uncommitted, he said, and even Newsom wasn’t sure where Dufty would go.

After two rounds of voting, with Dufty abstaining, there were five votes for Lee. So Dufty asked for a recess and went back to talk to Newsom — where he was told that the mayor thought the reason the progressives were supporting Hennessey was that the sheriff had agreed to get rid of about 20 mayoral staffers — including Chief of Staff Steve Kawa, “who had engineered Ed Lee running.”

So Kawa, with Newsom’s help, preserved his job and power base. “It’s all turnabout,” Dufty said. “I figure Mike Hennessey’s had a couple of beers and a couple of good times thinking about my vote. But that’s politics.” (Tim Redmond)

 

ALMOST FREE?

Friends and supporters of Shane Bauer and Josh Fattal were kept in a state of agonizing suspense over whether the two men, both 29, would be released from the Iranian prison where they’ve been held for more than two years following an ill-fated hiking trip in Iraqi Kurdistan.

On Sept. 13, Iranian President Mahmoud Ahmadinejad stated publicly that Bauer and Fattal could be freed “in a couple of days.” The announcement brought hope for family and friends who, just weeks earlier, had absorbed the news that the men were sentenced to eight years in prison after an Iranian court found them guilty of committing espionage, a charge that the hikers, the United States government, religious leaders, and human rights advocates have characterized as completely baseless.

Reports followed that the Iranian judiciary would commute the hikers’ sentences and release them in exchange for bail payments totaling $1 million. But by Sept. 16, when supporters gathered in San Francisco in hopes that of an imminent announcement, they were instead greeted with new delays.

The constantly shifting accounts hinted at internal strife within the Iranian government, and contributed to the sense that Bauer and Fattal were trapped as pawns in a power struggle. By Sept. 19, their Iranian lawyer remained in limbo, awaiting the signature of a judge who was scheduled to return from vacation Sept. 20.

“Shane and Josh’s freedom means more to us than anything and it’s a huge relief to read that they are going to be released,” the hikers’ families said in a statement Sept. 13. “We’re grateful to everyone who has supported us and looking forward to our reunion with Shane and Josh. We hope to say more when they are finally back in our arms.” (Rebecca Bowe)