OPINION Much has been said about Mayor Gavin Newsom’s stunning defeat at the ballot Nov. 7. Newsom’s slate of endorsements went down in flames — from supervisorial candidates Rob Black and Doug Chan to the contenders he hoped would take control of the school board to a host of progressive ballot propositions, including worker sick leave and relocation assistance for evicted tenants. Every incumbent supervisor was also reelected, indicating an overall approval level of the Board of Supervisor’s performance. And the voters took a further unprecedented step with the passage of Proposition I, which asked the mayor to appear before the board in person once a month to discuss city policy. The voters sent a clear message that they want the mayor to work with the supervisors rather than against them.
Will Newsom respect the mandate and comply with Prop. I? It’s anyone’s guess right now. The measure is not legally binding, and he vehemently opposed it. Here are five reasons why Newsom should comply with Prop. I:
1. The voters asked him to. Newsom claims to care about the will of the voters. He cited the “will of the voters” as his basis for vetoing a six-month trial of car-free space in Golden Gate Park — even though a trial has never been voted on. Will he respect the voters this time?
2. The status quo is not working. The homicide rate, traffic deaths, and Muni service have gotten worse every year under the Newsom administration. Commissioners aren’t being appointed on time, police reform is off track, promised low-income housing is delayed, all bicycle improvements are on hold, and our roads are falling apart. Popular public events such as the North Beach Jazz Fest are under attack by a city government that can’t keep Halloween revelers safe. Meanwhile, the mayor focuses on political damage control related to his apparent loss of the 49ers in 2012 and the Olympics in 2016.
3. Newsom consistently opposes ideas coming from the Board of Supervisors but doesn’t seem to have any of his own. The homicide rate is at an all-time high and keeps getting worse. But Newsom has opposed every significant measure proposed by the supervisors, including funding for homicide prevention and assistance for victims’ families via Proposition A, as well as police foot patrols. Fare hikes and service cuts haven’t solved Muni’s problems, but Newsom sided with the local Republican Party in opposing Proposition E, which would have provided much-needed funding for Muni through an incremental increase in the car parking tax.
4. Newsom has been missing in action too long. The mayor spent almost the full first three years of his four-year term fundraising around the country to pay off his 2003 campaign debts. This busy fundraising schedule, combined with the demands of his relentless PR machine, has sent the mayor chasing photo ops in China; Italy; Washington, DC; Los Angeles; Chicago; New York; and a host of other places. The majority of the voters are now siding with progressives, the Guardian, and even the San Francisco Chronicle in asking “Where is the mayor?”
5. The voters asked him to. Really, that should be enough. No? SFBG
Ted Strawser
Ted Strawser is the founder of the SF Party Party.
Mayor
Newsom should comply with Prop. I
Clint Reilly wins a big one against Hearst and Singleton. Fighting to keep one newspaper towns from becoming a one newspaper region.
By Bruce B. Brugmann
On April 26, 2006, the McClatchy newspapers and the Chronicle/Hearst and MediaNews/Singleton publicly announced a complex series of transactions that resulted in Singleton owning three major Bay Area dailies (Contra Costa Times, San Jose Mercury News, and the Monterey Herald) that had been previously owned by Knight-Ridder and then McClatchy.
On the same day, April 26, 2006, Hearst and Singleton secretly signed a key centerpiece deal that set up a secret arrangement between Hearst and Singleton that in effect would allow them to join forces, destroy daily competition in the Bay Area, and establish a regional monopoly for the duration.
The key point: the two big publishing chains from New York and Denver lied in effect about the monopolizing features of their deal, and in effect concealed key evidence in the Clint Reilly antitrust case, according to Federal Judge Susan Illston. And then the two chains, who love to holler about freedom of the press and government suppression of documents, moved to keep the documents under seal, including the incriminating letter outlining the monopoly agreement. Their coverage amounts largely to rummy little business stories buried deep in their papers.
Illston neatly skewered the Hearst/Singleton lie that their deal was harmless and would not interfere with vigorous competition between the two companies. Illston quoted the April 26 letter, which she pointed out was not disclosed in the first hearing on a request for a temporary restraining order. (Alioto got the letter in discovery. It is an even bigger bombshell than his charge in the first Reilly trial that Hearst was “horesetrading” favorable coverage for political favors with then Mayor Willie Brown and others to get political help on its moves to create a morning monopoly.)
The letter of agreement was from Hearst Corporation Vice President James Asher to Joseph Lodovic, president of MediaNews. She quoted “in pertiment part” these statements: “The Hearst Corporation and Media News Group agree that they shall negotiate in good faith agreements to offer national advertising and internet advertising sales for their San Francisco Bay Area newspapers on a joint basis, and to consolidate the San Francisco Bay area distribution networks of such newspapers, all on mutually satisfactory terms and conditions, and in each case subject to any limitations required to ensure compliance with applicable law.
“In addition, Hearst and MediaNews agree that, with respect to the newspapers owned by each of them on the date of this letter, they shall work together in good faith to become affiliated with the networks operated by Career Builder…and Classified Ventures) on the same terms, and each of Hearst and MediaNews further agrees that neither of them shall enter into any agreement, arrangement, or understanding to participate in Career Builder or
Classified Ventures or their respective networks with respect to such newspapers unless the other party is offered the opportunity to participate on identical terms…”
Illston quoted extensively from the “secret” letter, but the Guardian and nobody else can see the letter, oor the supporting documents and depositions, that would further flesh out monopoly deal. That is a terrible position, let me emphasize, for big daily chains to be taking in federal court these days.
Illston said the letter “casts serious doubt on several key findings underlying” her previous order denying a temporary restraining order. She said that she had previously accepted Hearst arguments that “Hearst’s involvement in the transactions was solely that of a passive investor.” But she continued, “Though (Hearst and Singleton) offered no explanation why Hearst was willing to finance an acquisition that would only make competition stronger, the Court did not understand that Hearst expected, or would receive, any quid pro quo. However, the April 26 letter suggests, at the very least, that Hearst’s involvement was specifically tied to an agreement by MediaNews to limit its competition with Hearst in certain ways.”
This “cooperation” between Hearst and Singleton, she said, was “in fact, quid pro quo for Hearst’s assistance to MediaNews in acquiring two of the Bay Area papers.” (The quid pro quo was also a $300 million Hearst investment in Singleton, which I think might evaporate should Illston ultimately nix or water down the deal.) Illston also said the letter indicated that the Chronicle may not continue to be “strong competition” for the other Bay Area papers.
Had the letter been disclosed to the court, she said, it would have “affected the court’s analysis of the McClatchy-MediaNews-Hearst transactions in this case.” Summing up, she stated that “such agreements, the mere existence of the letter, and the cooperation between Hearst and MediaNews they reflect, increase the likelihood that the transactions at issue here were anti-competitive and illegal.”
And so she granted a temporary restraining order in part and temporarily restrained and enjoined Hearst and Singleton from entering into any agreements “of the nature described in the April 26 letter, including agreements to offer national advertising sales for their San Francisco Bay Area newspapers on a joint basis, and consolidation of the Bay Area distribution networks for their papers.” She ordered Hearst and Singleton to show cause at a Dec. 6 hearing why she should not impose a preliminary injunction. Quite an opinion.
As an antitrust attorney told us after reading the opinion, “How the hell does Joe Jr. keep getting the Hearst people to lie under oath, then cough up the documents that prove it? Haven’t they figured out that judges don’t react well to that little character flaw?”
Implicit in all of this is Brugmann’s Law of Journalism: where there is no economic competition, there is no news or editorial competition. Suddenly,for the first time ever by the terms of the proposed deal, daily competition would be eliminated and one of the most liberal and civilized areas of the world would be firmly under the monopoly thumb of conservative billionaires from New York and Denver. The result would give ad rates a monopoly boost, gut and centralize editorial staffs, make editorials and endorsements ever more uniform and conservative, and send all profits out of town on a conveyor belt to headquarters to buy more properties. The carnage is well underway (note our stories and those carried on ChainLinks, the newspaper guild publication)
Illston should disclose the letter and other documents in open court. And the U.S. Justice Department and California Attorney General should awake from their long naps and jump into this case and stop this secretive march to regional monopoly. Meanwhile, thank the Lord for Reilly and Alioto. Keep on rolling. B3, celebrating San Francisco values since l966
P.S. We are running lots of material on this story, including the judge’s order, because it amounts to a “censored” story in the mainstream media. Each year, as the local part of our Project Censored package, we cite the monopolization of the press story. We will follow the current version along in the Guardian and the Bruce blog. Send us your comments and evidence of Eurekas or Censored material. (See previous blogs)
The morning after by G.W. Schulz
While drunk on big newspaper purchases, Dean Singleton promised competitive papers and no layoffs. Now he’s swinging the ax, cutting deals with Hearst, and decimating local news coverage
Judge slams daily-paper chains by Tim Redmond
With a federal court ruling exposing a secret plan by Hearst and Singleton to join forces and end competition, the federal and state Justice Departments should intervene – and all records in the case should now be open
More on Singleton by G.W. Schulz
Read the judge’s decision
Judge Susan Illston’s ruling on Hearst-MediaNews collaboration
The next police chief
EDITORIAL Heather Fong is not a popular police chief these days. Nine of the 11 supervisors just rejected her proposal for staffing foot patrols and insisted on one of their own — with some of the supes openly saying they had no faith in her management of the department. And inside her own department, the knives are out — the Police Officers Association (POA), which has never liked having a chief who wasn’t part of the old guard, is practically gleeful at the idea that she may be ousted, and several senior commanders are said to be moving not-so-quietly behind the scenes to try to get her job.
Mayor Gavin Newsom has given no official indication that he’s preparing to fire her (although the rumors were swirling a week ago) and neither has the Police Commission, which by law has the final say. But Fong will have put in 30 years in the department this June, making her eligible for a very sweet retirement package. It’s safe to say that San Francisco will probably be looking for a new police chief within the next 12 months.
So it’s not too early for the mayor and the commissioners to make a few very clear statements about what they expect from the next person to lead the deeply troubled department. At the very least, there has to be a national search — and we’d argue that the next chief absolutely has to come from outside the department. The sooner that message gets out, the sooner all this ugly backstabbing and internal political maneuvering will end.
San Francisco has a tradition of bringing chiefs up from the ranks; it’s almost unheard of to do anything else. The late mayor George Moscone brought in an outsider, Charles Gain, who took a few steps to make the department more accountable and less intimidating and got a furious backlash from the troops. Frank Jordan, in the sort of bizarre backroom political move that characterized much of his mayoralty, handed the job to former sheriff and supervisor Dick Hongisto — who only lasted a few months.
Other than that, it’s been business as usual — one of the senior commanders gets picked by the mayor, and the commission goes along and rubber-stamps that decision.
But this department is desperately in need of fresh blood, of an outsider with a new perspective on the situation — and more important, no previous political baggage. Right now, the POA practically runs the department, effectively vetoing all sorts of reform efforts, and any chief who defies the powerful union is crippled. The disciplinary process is a mess — cops who would have been fired without a second’s thought in most jurisdictions walk away from serious offenses with modest suspensions and are back out on the streets. Department brass treat civilian oversight with open hostility — and do so with no fear of repercussions.
The crime rate, particularly the homicide rate, continues at unacceptable levels. And as we saw with the foot patrols, nobody at police headquarters is willing to step up and try anything creative or new.
Fong, for all her flaws, has tried somewhat to accept reforms in the department and is far better than anyone else on her senior command staff. In fact, the best argument for keeping her around is that nobody who’s likely to replace her is any better. But that’s not any way to run a big-city police department.
If Fong decides to leave or the commissioners decide that she can no longer handle the job, the city needs to immediately start looking for someone who has a proven track record of accepting civilian oversight, welcoming reform, and standing up to old-school police union tactics. That, almost by definition, means an outsider. SFBG
49ers aren’t worth public money
EDITORIAL The prospect of the San Francisco 49ers moving to Santa Clara — and taking with them any hope of a 2016 Olympic bid for San Francisco — caught the Newsom administration off guard and has much of City Hall scrambling to figure out a way to keep the fabled sports franchise in San Francisco. It’s not a futile effort by any means: the deal to build a new stadium in Santa Clara still has a long way to go, and there are some very real issues (including the phenomenal parking and traffic problems and the utter lack of accessible transit).
But city officials need to keep a sense of perspective here: the loss of the Olympics was almost certainly a good thing, and the loss of the 49ers wouldn’t be the end of the world. So there’s no reason to even start to talk about handing out promises of more public money, tax breaks, or favorable land deals to keep the Niners in town.
We’ve never been terribly hot on the idea of hosting the Olympics. The last time the issue came up, with a possible bid for the 2012 games, we noted that cities hosting the Olympics tend to wind up with huge public debt and that the costs (typically including gentrification and displacement) aren’t worth the gains. Our articles infuriated local sports leaders, but we’re not the only ones raising questions these days. San Francisco Chronicle columnist Gwen Knapp, in an insightful Nov. 16 piece, suggested that the city might want to thank 49ers owner John York: “He might have saved San Francisco from a vanity project that often leaves ugly blemishes on a community’s bottom line.”
San Francisco is one of the world’s great cities, an international tourist destination, a place that’s already on everyone’s map. We don’t need the Olympics.
We may not need the 49ers either. That’s what Glenn Dickey, Examiner sports columnist, argued Nov. 14. Football teams, with a limited number of home games, bring very little to a local economy — and this is hardly a city that needs the name recognition of a National Football League franchise. “Mayor Gavin Newsom should spend his time on more critical priorities,” Dickey noted.
Of course, if the 49ers leave, something has to be done with the park formerly known as Candlestick — a white elephant that cost the city tens of millions of dollars in bonds. But almost any sort of new development there would do more for the neighborhood than a stadium filled by people who drive in, bring their own food, drive away, and spend almost no money at local businesses.
The San Francisco Giants managed to build a new stadium almost entirely with private money, and it’s been a huge financial success. The city shouldn’t be tempted to throw big chunks of public money at keeping the 49ers from moving. SFBG
Now the police are all on foot patrols, pass the pot, huh?
By Sarah Phelan
Moments after the Board of Supes overode the mayor’s veto of their foot patrol legislation, Sup. Tom Ammiano got an 8-3 vote to make marijuana offenses the lowest law enforcement priority. Phwew! Because there we were worrying about all those police walking beats and busting hippies for rolling up big fat ones in the park. Close one.
Board overrides Mayor’s foot patrol veto
By Sarah Phelan
It hasn’t exactly been a good couple of weeks for Mayor Gavin Newsom.
His picks for Board of Supervisors got thumped.
The 49ers said they’re running away with Santa Clara but keeping San Francisco’s name.
Newsom nix sayed the city’s Olympic bid
And then the Board of Supervisors overrode Newsom’s veto of police foot patrol legislation in a 9-2 vote that means the city will go ahead with a one-year citywide pilot project.
Worse, the nine sups that defied his veto got to explain their reasons, which included slamming the mayor and the police chief for lack of leadership..
Sup. Ross Mirkarimi talked about giving the mayor and Chief of Police plenty to time to take action. When they didn’t, and the Board took the lead, Mirkarimi says he was surprised by the mayor’s veto.
As for SFPD Chief Heather Fong’s hastily announced counter plan, which was made public on Monday, Mirkarimi said, “An acute difference between the two plans is that ours calls for accountability.”
Sup. Bevan Dufty, citing increased incidences of violent crime and inadequate response in the Castro, said “the visible presence of foot patrols is helpful.”
“No one is higher than the chief of police but the chief needs to speak up and to speak clearly without regard for where the chips may fall,” said Dufty, alluding to a lack of morale in the SFPD. “This vote is not offered as a criticism of the Mayor or the Chief. This is the best we can do as a Board right now. Let us rise above that and recognize that we need leadership.”
Sup. Chris Daly couldn’t resist asking how the increased number of officers under the Chief’s plan (44 isntead of the 33 specified in the Board’s plan) “isn’t playing politics.”
Sup. Tom Ammiano wondered what kind of cooperation will be forthcoming, and Sup. Fiona Ma noted that if there was a garbage problem or a flu epidemic, this board would propose a plan, which is why the board reacted to crime wave with foot patrols.
Sup. Michela Alioto-Pier, who along with Sup. Sean Elsbernd voted to uphold the mayor’s veto, said one of the problems was the way the ordinance was written.”
Elsbernd argued that the mayor and police chief should make policing decisions, not the Board of Supervisors.
But Sup. Gerardo Sandoval was upset that SFPD Chief Heather Fong had said that if the Board overrode the mayor’s veto, she didn’t want to disobey the Board’s legislation, but her captains might ignore it.
“We need to be very protective of our roles in this city,” Sandoval told his colleagues.
“To have a Chief of Police say something like that should not go unnoticed.”
Sup. Sophie Maxwell, noting that she probably has the highest incidence of gun violence in her district, recalled walking the precincts this fall and people telling her that they wanted to see the police,
“I have no choice. I have to do this,” said Maxwell of supporting the legislation.
Board Chair Aaron Peskin, who previously voted against the Board’s legislation, but ultimately voted to support it found it ironic that the legislation embraced by the police and the mayor “supports the Board’s idea.”
Sup. Jake McGoldrick found the SFPD’s counter proposal, “a day late, a dollar short.”
“For 5 months, 7 months, 18 months , we were looking for tools, all we got was reaction, not action. But there’s something hopeful about this dialogue.”
After the historic vote, SFPD Chief Heather Fong told the assembled media that she would disagree about their being a morale problem in the department.
Acknowledging that the SFPD is currently 300 officers under its mandated staffing levels, Fong said, “ I believe the captains have to have flexibility.”
Noting that the SFPD’s plan would kick in Nov. 24 and involve 44 officers, Fong added,” I believe the deployment plan will be incompliance with the legislation.”
As for the mayor, it would have been interesting to be a fly on the proverbial wall of his office.
The new sunshine “problem”
EDITORIAL Matt Dorsey, who handles press for City Attorney Dennis Herrera, stopped by last week to talk to us about the barrage of public records requests that are coming in from one activist, Kimo Crossman, who is demanding so many records and so much information from so many departments that it’s costing the city big money.
The problem, Dorsey says, is a lot of the records that people like Crossman request (particularly if they have metadata, or hidden computerized information, embedded in them) have to be reviewed by a lawyer before they’re released to determine if any of the internal information might contain something confidential. The city typically accounts for its legal work at about $200 an hour — and already, Herrera’s office has spent hundreds of hours scouring records just to satisfy one aggressive gadfly whose sunshine activism is, we have to agree, sometimes rather scattershot. That’s a hefty taxpayer bill.
Dorsey’s done more for promoting open government than anyone who has ever worked for the Office of the San Francisco City Attorney, so we don’t dismiss his concerns. And we’ve said before and we’ll say again that the Sunshine Task Force needs to take up this issue, hold hearings, and make some policy recommendations.
Still, we had the same response we typically do when public records are at issue:
Why all the effort? Why the fuss? Just release the stuff. Give Crossman what he wants, and that will be the end of it.
Dorsey’s response: state law and state bar requirements mandate that attorneys, including municipal attorneys, carefully monitor all documents that might contain metadata and “at every peril to himself or herself” prevent any potentially confidential material from accidental release. “The lawyers in our office risk real penalties if they don’t carefully review every one of these requests, and that takes a lot of time,” Dorsey told us.
Well, if that’s a problem, the city and the state need to address it right now. Metadata is increasingly becoming part of government activities and will increasingly be part of public records requests by community activists. And there’s no reason that city employees, including city lawyers, should have to fear retribution if they make a good-faith effort to release information to the public.
Under state and local law everything the city government does is presumed to be public, unless it falls under one of a set of very narrowly defined exemptions.
But in San Francisco there’s been a culture of secrecy at City Hall that goes so far back and is so deeply inbred it’s hard to remove it from the political DNA. All sorts of deals are done behind closed doors. It’s considered perfectly acceptable to promise vendors bidding on public contracts that they can keep basic financial data secret. Every city official seems to think that every request needs legal review.
It’s ridiculous — and the supervisors, the mayor, and the city attorney should take some basic steps to end it.
For starters, the supervisors should pass a clear policy statement that says no city employee shall face any disciplinary action of any sort stemming from a good-faith effort to release information to the public. Herrera should tell his lawyers the same thing: nobody gets in trouble for handing out information.
Yes, there are sensitive documents, particularly in the City Attorney’s Office — but overall, the risk to the city of a mistaken release of confidential information is far, far lower than the risk (and the cost) of continuing this deep culture of confidentiality.
If that creates a problem with the state bar, Assemblymember Mark Leno should introduce a bill that eliminates any penalties or consequences for public agency lawyers who, in good faith, allow the release of public information that may unintentionally include confidential material.
Meanwhile, Crossman has a good idea: why not create a publicly accessible database that gets automatic copies of every document created at City Hall (unless there’s a damn good reason to mark it secret)? That way the busiest of the advocates can spend their time searching the files on their own, and the lawyers can go back to fighting Pacific Gas and Electric Co. SFBG
No more surveillance cameras
OPINION In July last year, San Francisco began installing video surveillance cameras to monitor the public streets. What quietly started as a pilot program with two cameras in the Western Addition has quickly expanded, with more than 30 cameras throughout the city. The Mayor’s Office is seeking to install 22 more cameras at a number of locations, including heavily trafficked areas such as the 16th Street and Mission and 24th Street and Mission intersections.
On Nov. 15 the Police Commission will decide whether to approve the installation of additional cameras. It should reject the mayor’s proposal and send a strong message that scarce public safety dollars should be spent on less intrusive and more effective programs such as increased foot patrols, improved lighting, and community policing.
While surveillance cameras may seem like an intuitive solution to the serious problem of violent crime, in reality cameras pose significant threats to civil liberties while providing few public safety benefits. Study after study demonstrates that video surveillance does not reduce violent crime in cities.
In Britain, for example, where there is one camera for every 13 people and the average person is photographed more than 300 times a day, a recent comprehensive review of 13 jurisdictions showed that cameras do not reduce crime or fear of crime. A University of Cincinnati study found that cameras in its city merely shifted crime beyond the cameras’ view. As Cincinnati police captain Kimberly Frey mentioned in one recent news report, “We’ve never really gotten anything useful from them…. We’ve never had a successful prosecution…. We’re trying to use … money for other things.”
With limited public safety dollars, cameras deprive more effective programs of funds that would significantly reduce crime. Studies show that improved lighting can reduce crime 20 percent, and increased foot patrols have also been shown to significantly impact crime, including violent offenses.
Moreover, the ever-increasing expansion of surveillance cameras poses a significant threat to our privacy. The prospect of 24-hour surveillance of innocent San Franciscans — with video accessible to city officials and the public under state open-records laws — is chilling in and of itself. If the trend continues, cameras installed today may be paired with other new developments, such as facial recognition and Radio Frequency Identification technology, giving law enforcement the ability to develop dossiers about our personal lives.
While San Francisco has some regulations governing camera use, those regulations have already changed and may change again, due to an overreaching political response to crime concerns. To see San Francisco’s future, one need only look to the inspiration for the program — Chicago. There, Mayor Richard M. Daley recently announced a plan that by 2016 would put a camera on almost every street corner in the city.
In light of the significant privacy and free speech implications and limited public safety benefit, the Police Commission should decisively reject further camera placement and strongly urge the mayor and Board of Supervisors to pursue effective programs. San Franciscans deserve more than symbolic measures like video surveillance cameras in response to very real crime problems. Scarce public resources should not be spent on ineffective Big Brother surveillance programs. SFBG
Mark Schlosberg and Nicole A. Ozer
Mark Schlosberg is police practices policy director, and Nicole A. Ozer is technology and civil liberties policy director, respectively, for the American Civil Liberties Union of Northern California.
Oh, the fists!
by Amanda Witherell
Mayor Newsom is getting pummeled left and right. (Actually, they’re probably all lefts.) Only one of his three acolytes won the election last Tuesday. The 49ers are waving good-bye after they promised they weren’t talking with any other cities. The Olympic bid went south with them. Supe. Aaron Peskin switched sides and Supe. Jake McGoldrick showed up for the Board of Supervisors vote for foot patrols.
Oh, what else…after Newsom said abolishing JROTC in public schools “sends the wrong message…” You guessed it: the Board of Education just voted to nix the program and send the military packing. What’s next for Mr. Popularity…
What’s with the pot bill?
By Tim Redmond
Sup. Tom Ammiano has a real simple measure coming to the board that ought to pass unanimously. It’s worked fine in Berkeley for many, many years. It works fine in Seattle, Santa Cruz, and Santa Barbara. And yet, it faces what could be a tight board vote and a mayoral veto. Crazy.
What Ammiano wants to do is make enforcing the marijuana laws the city’s lowest police priority. We’re just talking about possession laws, not sales. The city’s narcotics cops say it won’t be a problem. It will just send a message to the chief and the street patrols that they should worry more about violent crime than about busting someone smoking a joint in the park.
So far, Ammiano can count Sups. Jake McGoldrick, Chris Daly, Ross Mirkarimi, Aaron Peskin, Gerardo Sandoval and himself in favor. That’s six. But Mayor Newsom will probably veto it, so he needs two more.
Bevan Dufty and Sophie Maxwell really ought to get behind this.
Newsom fights veto override
By Sarah Phelan
With the Board of Supervisors set to vote Tuesday on the mayor veto of Sup. Ross Mirkarimi’s foot-patrol legislation, the mayor ‘s office has reportedly gone into overdrive to try to ensure his veto will hold .
The math is tough for Mayor Gavin Newsom: Supes Mirkarimi, Chris Daly, Tom Ammiano and Gerardo Sandoval are solidly behind the legislation. That’s four votes. Bevan Dufty, Sophie Maxwell and Fiona Ma all voted for it the first time around, when it passed 7-3, and all have spoken loudly in support of getting the cops out of their cars and into the neighborhoods. Jake McGoldrick was out of town for the vote, but he tells us he’ll side with the majority – which adds up to eight votes, enough to sustain a veto and deal the mayor an embarrassing political setback.
So Newsom is trying hard to get one of the eight to switch sides. Among the plays: Chief Heather Fong held a hastily arranged press conference Monday to announce her own, slightly watered-down foot-patrol plan, in a clear effort to undercut the supes. And we’re told that Senator Dianne Feinstein has been calling board members to lobby against the plan.
McGoldrick and Maxwell both told us that they were planning to vote to override the mayor’s veto, and chided Feinstein for getting involved. “If Feinstein wants to be mayor, she oughta run,” he said.
As for the police’s hastily announced foot patrol plan, Maxwell said, maybe it would be fine, but it was coming too late for her to backpedal.
“The mayor and Heather Fong had ample time. Why did we even get to this point? Because we’ve been asking and asking and finally we came up with legislation. The police have promised things before and didn’t do anything, so this isn’t the time for me to be backpedaling.”
Reached Friday Nov. 10, Dufty told the Guardian that he’s “always supported foot patrols” and has “no confidence” in Fong. But three days later, when Fong was promoting her alternative, all Dufty would say about his vote was, “no comment”
The wildest rumor had Newsom offering to fire Fong if some of the supes would back away from the veto override. The Mayor’s spokesperson, Peter Ragone insisted to us that “There’s no truth to that.” Then his line mysteriously went dead.
So who else could be the swing vote the mayor needs to keep his vanity intact?
Well, on Oct. 24, when the bill was approved, Sean Elsbernd, Michela Alioto-Pier, along with BOS chair Aaron Peskin voted against it.
Elsbernd and Alioto-Pier are known to be solidly in the mayor’s court. But what about Peskin?
Reached Monday night, Peskin wasn’t about to give up his voting plans, but he did say that he found it disingenuous of the mayor to veto the measure on the grounds that the board shouldn’t tell a paramilitary organization what to do, then turn around and say that he, the mayor, was planning to go ahead with foot patrols anyway.
Either way, Tuesday’s 2 pm board meeting will be worth watching.
As Sup. Mirkarimi told the Guardian, “People have told me that the police’s press conference was surreal, strange and desperate. The only reason we’re even in this position is because of an absence of leadership on the part of the chief of police and the mayor. And now they have the audacity to say that their plan is better than ours.
Public safety should never be compromised because of the Mayor’s vanity and the chief’s inaction. It’s an unreal, practically juvenile situation.”
And now Mike Lacey goes to Seattle. A former Seattle Weekly political columnist charges that the Weekly’s pre-election cover story was “faux outrageousness”: a fictional cover story detailing a nonexistent business enterprise of the mayor
Repeating: whenever the Voice/New Times buys a paper, there is usually some sort of signature bloodbath when Editor Lacey and Publisher Larkin begin to impose the cookie cutter New Times template. Thus, when the New Times bought the old SF Weekly years ago, Larkin and Larkin swarmed in, denounced the staff, and cleaned out the office as if they were cleaning out a waterfront saloon.
After buying the Voice chain, they neutered the Voice, did a neutering job on the Seattle Weekly, and are in the process of neutering the LA Weekly. The Lacey rule: the more liberal and activist the paper, the worse the bloodletting. Geov Parrish, former political columnist of the Seattle Weekly, reports on the Seattle situation in a letter that was posted on the LAObserved website. He notes that, among other things, “another wave of SF feces is in the process of hitting the fan here with (last week’s pre-election) entirely fictional cover story (not identified as a parody) by the new managing editor, purportedly detailing a (nonexistent) business enterprise of the mayor.”
Scroll down for the letter and the story. B3, still savoring the ascension of San Francisco
Values and Guardian editorial positions
Some advice from Seattle – About the changes in store at the LA Weekly…
“This is a progressive town”
By Steven T. Jones
Pollster David Binder was about to begin his regular election post-mortem in the SPUR offices this afternoon when I ran into Mayor Gavin Newsom’s press secretary, Peter Ragone. “Not a very good night for the mayor, huh?” I noted.
But rather than admitting the obvious, Ragone began to spin and dissemble like crazy, shrugging off the defeats of supervisorial candidates Rob Black and Doug Chan – who Newson endorsed and campaigned heavily for – and the approval of a slate of progressive ballot measures that the centrist mayor opposed.
“We endorsed them, but didn’t put a lot into it,” Ragone said, despite the fact that Newsom spent the last two weekends campaigning for Black and Chan (who finished in fourth place) and obviously made a high priority of defeating his main political nemesis of recent years: Sup. Chris Daly.
“The real key for us was Hydra Mendoza, who won [a seat on the school board],” Ragone said. “From my perspective, we now have the mayor’s education advisor on the school board. It’s a good thing.” Perhaps, although I noted that even with support from the mayor and lots of mainstream groups, Mendoza still finished behind a green: Jane Kim. He shrugged again, sticking to his line.
But Ragone can’t spin away the fact that, as Binder said a few minutes later, “I don’t think Newsom had a very good night.”
It was a night for the progressives, with Daly and most of his ballot measures winning decisively and San Franciscans proving themselves to be way to the left of even the leftward national trend. One indicator among many was that nearly 60 percent San Franciscans approved Prop. J, urging Congress to pursue impeachment even though soon-to-be Speaker of the House Nancy Pelosi says she’s taken it off the table.
“It showed that we had a progressive turnout and this is a progressive town,” Binder said.
Midnight reflections
By Tim Redmond
The evening started out as a resounding victory for the national Democrats, a train wreck for California Democrats, and a defining night for San Francisco progressives. But the state results are getting a little tigher, and it now appears that Arnold Schwarzenegger’s huge victory won’t drag down every Democrat running for statewide office. John Garamandi may survive to be lieutenant governor (keeping far-right loon Tom McClintock out of that office). Jerry Brown will be the next attorney general, and Bill Lockyer the next treasurer.
And Prop. 90 seems to be sinking.
So all in all, a good night — except for Mayor Gavin Newsom, who must be sitting around wondering why none of the voters seem to want to do what he tells them to.
The near-certain defeat of Rob Black in District Six is a huge deal: It’s proof that a storng progressive with grassroots support and troops on the ground can beat back even a massive political assault by some of the most sophisticated and well-funded forces in the city. It’s also going to mena a few tough years for Newsom, the Golden Gate Restaurant Association, SFSOS, Don Fisher and the rest of the anti-Daly gang: Daly has proven himself an effective politician, and he has never particularly liked it when jerks like these guys try to mess with him.
One of the more interesting aspects of this election was the money that Michela Alioto-Pier spent on ads for a race in which she had no real opposition — big, pricey, video ads on sfgate, for example. What’s that about? Well, part of what it’s about is that Mark Leno is in his last term in the state Assembly, and that seat will open up in two years, which means that in the spring of 2008, a Democratic primary contest will determine the next Assembly member from the east side of San Francisco. Tom Ammiano has already announced his candidacy. Bevan Dufty has loudly proclaimed that he won’t run. Is Alioto-Pier looking at that race?
If so, she’d probably have the support of the mayor — but from the looks of things tonight, that isn’t going to help much.
In fact, from the looks of things, Newsom needs to back away from the SFSOS types and try to make peace with the progressives if he wants to accomplish anything as mayor.
The SFPD will not reform itself
EDITORIAL Mayor Gavin Newsom, who has vetoed legislation requiring a few police officers to actually walk beats in high-crime neighborhoods, says he was proud of the San Francisco Police Department’s action in the Castro on Halloween night. Proud? Some 800 cops were on hand, and yet someone managed to bring in a gun, shoot nine people — and get away. As we report on page 11, a lot of cops weren’t really doing much for most of the night except standing around; foot patrols (that is, cops actually mingling with the revelers, keeping an eye on things) might have prevented the shootings.
The SFPD is a mess — and the department isn’t going to reform itself. The mayor ought to be in the forefront on this, but he’s ducking — so the supervisors need to step up.
The foot patrol legislation, sponsored by Sup. Ross Mirkarimi, is hardly radical and isn’t a threat to the department’s independence. The bill simply directs the department to put a few cops on the beat, out of their cars, in a few high-crime areas. It passed 7–3, with only Sups. Aaron Peskin, Sean Elsbernd, and Michela Alioto-Pier dissenting, and Sup. Jake McGoldrick absent. If that vote holds and McGoldrick sticks with the majority, the supervisors can override the veto.
But there’s immense pressure coming down on individual supervisors to change their votes, and even one member slipping away would allow Newsom’s position to hold. That’s unacceptable: every supervisor who approved foot patrols needs to vote to override the veto — and just to be sure, Peskin, who is generally good on these issues, needs to come over to the progressive side. This one modest mandate could be not only a lifesaver in areas with high homicide rates but also the beginning of some real change at the SFPD.
The Police Commission is struggling with a disciplinary issue that’s also potentially a turning point: three commissioners — David Campos, Petra de Jesus, and Theresa Sparks — want to refuse to settle any disciplinary cases unless the cops agree to make the settlement public (see Opinion, page 7). Commissioner Joe Veronese initially agreed with that proposal but has shifted his position and is offering a really weak alternative instead. That’s a bad sign for the politically ambitious commissioner; he needs to show some spine, defy the Police Officers Association, and sign on with the Campos plan.
This just in: Bill Lee, who works for Mayor Newsom and (sort of) for the airport, is up for reappointment as a planning commissioner at the Rules Committee on Nov. 9. It’s a clear conflict of interest: a city employee working directly for the mayor shouldn’t be on the Planning Commission. Besides, he’s been a pretty bad vote. The supervisors should send him packing. SFBG
Newsom gets hammered
By Tim Redmond
The big news of the night is that Mayor Gavin Newsom is taking a serious beating. The two candidates he invested the most time and political capital in — Rob Black and Doug Chan — are both going down to a clear defeat. In District 4, Chan has pretty much dropped off the map, with Ed Jew, Ron Dudum and Jaynry Mak locked in a close struggle for first place. This race will almost certainly come down to the IRV runoff.
“The mayor may be popular, but he has no coat tails,” Supervisor Ross Mirkarimi told me.
The bigger story is how little impact big money has had in district elections. If Daly pulls it out, and it looks like he will, and Chan loses, which is almost certain at this point, then it’s a sign that downtown really can’t buy district races.
Maxwell leading in early numbers
By G.W. Schulz
District 10 incumbent Sophie Maxwell was winning by a large margin when I showed up at the Fanatics Sports Bar near Third Street and Cesar Chavez. About 75 supporters were around at that time among tables spread with confetti and food.
A group of large TVs were showing results on the walls, with former mayor Willie Brown flapping his jaw as a commentator on one of them.
Newsom vetoes foot patrols
By Tim Redmond
Late on a Friday, at the slowest possible time in the news cycle, when politicians make moves that they hope will get very little media attention, Mayor Gavin Newsom vetoed a plan to require police foot patrols in high-crime areas. That marks a dramatic shift in his position. Just a few days ago, he was prepared to sign the bill.
The veto sets up a fascinating showdown: Are there eight votes on the board to override the mayor? The measure passed 7-3 on its first round, with only Supervisors Aaron Peskin, Michela Alioto-Pier and Sean Elsbernd in opposition and Jake McGoldrick absent. Willl eight votes hold?
Daly Tube
By Steven T. Jones
There’s a fascinating mix of videos about Sup. Chris Daly on You Tube these days. You can hear Chris speak or people speak about him, or you can watch political ads with stark contrasts between the Daly lovers and haters. The ads for him are funny and whimsical, the ones hitting him are dark, scary, misleading, and in one case, racist. They say Daly “never passed a single law to combat crime,” even though he chaired the committees that passed two budgets filled with crime-fighting measures, as well as placing the crime-fighting Proposition A on the June ballot, which narrowly failed because it was opposed by Mayor Gavin Newsom, opponent Rob Black, and the pro-Black Police Officers Association (which was loathe to spend $10 million on violence prevention programs instead of just more cops and overtime, which is the Newsom/Black strategy). But the funniest accusation is how Daly is now in the pocket of downtown interests, with one video showing Daly morphing into former Mayor Willie Brown, who Daly has a storied history of fighting on behalf of the anti-downtown forces. Yes, it’s true that Daly has gotten some developer money in this election, but that’s only because he’s made himself the go-to person for facilitating projects by developers who are willing to provide the maximum community benefits and affordable housing payments — which is what progressives demand of developers. Even downtown interests like SPUR have said this is true (the whole story is here). The bottom line: Black and his downtown buddies (from mentor Jim Sutton to SFSOS to BOMA) know D6 voters want someone to stand up to downtown, so they’re throwing a bunch of smoke and misinformation up in the air to confuse the issue. Don’t be fooled…but enjoy the show.
More Impertinent Questions on Hearst shenanigans on the drug pricing scandal (part 5) Why did Hearst censor an AP story on McKesson profits?
By Bruce B. Brugmann
Let me cite yet another example of the dangers of the Hearst/Singleton move to destroy daily competition and impose regional monopoly in the Bay Area.
As attentive Bruce blog readers know, I always turn to the second page of the Chroncie/Hearst business section called “Daily Digest” to pick up the news that Hearst is censoring. Yesterday, I spotted yet another nugget
that demonstrated how Hearst was censoring a major scandal story involving its own subsidiary in San Bruno and McKesson Corp., one of the nation’s largest drug wholesalers.
The story looked harmless enough, a six paragraph Associated Press story headlined “McKesson soars above expectations,” with a lead that said that the company’s “quarterly profit climbed 37 per cent to soar past analyst expectations, prompting the nation’s largest prescription-drug distributor to brighten its financial outlook.” Another five paragraphs provided the details of this seemingly rosy McKesson story.
So, knowing there was much more to this story and getting my blogging genes at the ready, I checked the online version of the story. Imagine my surprise when I found that the guts of the Chronicle story had been cut out of the paper and the juicy stuff was tucked away in the online version. A full seven paragraphs had been chopped from the print version of a l6 paragraph story by Michael Liedtke from the San Francisco AP bureau.
Let me quote the key chopped out paragraphs to make my point: “McKesson released its results and bullish outlook after the stock market closed Tuesday. The company’s shares fell 60 cents to finish at $50.09 on the New York Stock Exchange. After an early rebound in after-hours trading, the shares shed 5 cents.
“The downturn extended a recent slump triggered nearly four weeks ago by news of a tentative legal settlement that could depress prescription drug prices. (b3: a dreadful thing.)
“The settlement covers a class-action complaint alleging that drug price publisher First DataBank Inc. (B3: a Hearst subsidiary in San Bruno) had conspired with McKesson between 2002 and 2005 to boost the wholesale cost of most prescription medicines by 5 per cent. (B3: a tidy newsworthy sum).
“Although McKesson has denied any wrongdoing and isn’t joining the settlement, investors are worried the agreement will force the company to lower its prices (b3: another dreadful thing). Consumer advocates have estimated the settlement will save health insurance plans about $4 billion (b3: a nice newsworthy figure). The settlement still needs approval by a Massachusets federal court, something unlikely to happen before April…”
Note my previous blogs to get the scope of the Hearst shenanigans at work here. AP doesn’t put Hearst into the story where it belongs and doesn’t even identify FirstDateBank as a local subsidiary owned by Hearst, the biggest daily in Northern California and a big bankroller and participant in the Singleton move to monopolize the Bay Area. Hearst doesn’t properly edit the AP story and put Hearst high up where it belongs. And Hearst actually cut the print version of the story and put the guts of it up online at SF Gate so it will be hard to spot. And of course Hearst never ran the original story of the scandal (reported first in a lead story in the Oct. 6 Wall Street Journal, with versions by the AP, the Guardian, and even the Hearst-owned Houston Chronicle, see my previous blogs.)
The hinge point: Hearst went to these embarrassing lengths to censor a major scandal story involving Hearst, and three local companies, to protect its corporate interests and refuses to explain this professionally glaring omission in the stories, or to its readers. It also refuses to answer my questions directed to Hearst corporate in New York City via Hearst San Francisco and publisher Frank Vega, Executive Editor Phil Bronstein, Managing Editor Robert Rosenthal, and Business Editor Ken Howe. And the “competitive” Singleton papers haven’t done the story either to my knowledge and won’t explain why.
Impertinent Questions: If Hearst and Singleton won’t compete on a major scandal story like this, where will they compete and when do they start? How can they censor and cover up a major story like this in the midst of investigations by Justice and the AG?
This sorry episode illustrates a key issue for the current Justice and AG investigations into whether the Hearst/Singleton deal violates U.S.and state antitrust laws. It also illustrates a key issue for the highly important Clint Reilly/Joe Alioto antitrust suit seeking to blast apart the Hearst/Singleton financial relationship. I refer again to Brugmann’s Law: Where there is no economic competition, there is no news and editorial competition. So the thrust of any real antitrust investigation ought to be to stop monopoly moves like this and insure real newspaper and media competition.
We hear that Justice is at least doing lots of interviewing. God knows what Lockyer and his antitrust crew are doing as he heads into the sunset to be state treasurer. His probable successor, Oakland Mayor Jerry Brown, operating under the thumb of the Oakland Tribune/Singleton, has refused to comment or answer questions as to whether he will continue Lockyer’s purported investigation. Reilly and Alioto are hard into discovery, working with the media documents they obtained from Justice and the AG as a result of their suit. The documents were filed by the principals in the original merger (McClatchy, Hearst, Singleton, Gannett, Stephens) to get preliminary Justice and AG approval. They are certain to be illuminating. Impertinent Question: Why is it that, once again, Relly and Alioto must do the heavy lifting in a private suit because Justice and the AG have so far knuckled under to the chains and refused to do their job.
Repeating the Impertinent Questions to Hearst and Singleton editors and publishers: Why haven’t you done this major scandal story? When will you do it? If you won’t do the stories, please explain. Until then, let’s have no more macho talk about competition between Hearst and Singleton papers. B3
P.S. Let me quote the third paragraph from the WSJ to dramatize the heft of this story: “A 2002 email by a manager of (McKesson) describes how pharmacies would be able to more than doiuble their profit for dispensing the cholestrol drug Lipitor and adds, ‘that is awesome.'” The article quoted an economist hired by the plaintiffs who estimated that savings in 2007 alone at $4 billion. There is much, much more. The Hearst and Singleton papers would cover this national scandal in a flash if it involved any other big company in their territory. Hopefully.
A tough pill to swallow by G.W. Schulz
McKesson’s fiscal 2Q profit rises 37 percent to top analyst views by MICHAEL LIEDTKE, AP Business Writer
Prosecute election theft
EDITORIAL There’s no doubt at all that a group of downtown businesses operating through a series of supposedly independent political committees organized in part by attorney Jim Sutton have used every tool at their disposal to influence the outcome of the District 6 supervisorial election. And there’s no doubt that what these folks have done violates at least the spirit of the city’s election laws, which were designed to offer, as much as legally possible, a level playing field for candidates and full disclosure of campaign expenses.
There’s also no doubt that Sutton has been willing to bend and at times break the rules: in 2002 his law firm was fined $240,000 — the largest penalty of its kind in city history — for failing to disclose late contributions from Pacific Gas and Electric Co. to a campaign to defeat a public power initiative.
At some point this sort of conduct rises to the level of a crime — and at least some respectable, credible activists and observers think the attacks on Sup. Chris Daly have reached that level. In a letter to the Guardian, published on page 8, former ethics commissioner Joe Lynn argues that Sutton and his allies are guilty of attempting to steal an election.
There’s no crime in the books called “Grand Theft, Election,” although there probably should be. But Lynn says that what’s happened here — unregulated committees raising and spending tens of thousands of dollars and not fully disclosing it until late in the cycle — is not merely sleazy and unethical but criminal.
We’re always nervous about bringing the criminal justice system into political disputes (we still remember how then-mayor Art Agnos pushed the district attorney into conducting a witch-hunt investigation into the opponents of a downtown ballpark ballot measure). But we’re also sick of seeing the likes of Sutton, Don Fisher, and SFSOS operate with virtual impunity when what they are doing comes very, very close to a conspiracy to subvert local election laws. The Ethics Commission needs to conduct a full investigation here, but that body can impose only civil penalties, which means cash fines — and for billionaire Fisher, whose money is behind a lot of these shenanigans, a stiff fine is just the cost of doing business.
District Attorney Kamala Harris ought to look into this. The problem is that Sutton was her lawyer in a heated campaign in 2003 during which her opponent, Terence Hallinan, raised similar charges. So Harris is conflicted; the best solution would be to appoint outside counsel — a special prosecutor, to use the Washington terminology — to investigate whether Sutton, Fisher, SFSOS, or anyone else ought to face criminal prosecution. The sooner that process gets started, the better. SFBG
