Police

Suhr sounds open to Portland-style FBI terrorism taskforce resolution

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When the Guardian sat down with SFPD Chief Greg Suhr last week, it was shortly after the Board of Supervisors unanimously approved Julius Turman as the next Police Commissioner. Turman’s appointment means the Commission, which provides civilian oversight of SFPD’s policies and procedures, now has seven members, once again, and thus can get on with addressing important outstanding issues, including what to do about the FBI’s hitherto secret agreement around SFPD officers assigned to the FBI’s terrorism taskforce.


At issue is an agreement with the FBI that then SFPD Chief Heather Fong signed in March 2007, but the Police Commission never reviewed. Further complicating the issue is the fact that in December 2008, the FBI introduced looser surveillance guidelines that appear to clash head-on with SFPD’s tighter surveillance policies, which require reasonable suspicion before any spying can be approved.


During Suhr’s first few weeks as Chief, the Police Commission and the Human Rights Commission held a joint hearing on the FBI’s hitherto secret agreement with the SFPD. And during that meeting, Suhr introduced a new bureau order which clarified that, under Suhr’s command, SFPD surveillance policies trump the FBI guidelines.


But civil rights advocates, including the American Civil Liberties Union and the Asian Law Caucus, continued to raise concerns. And evidently Suhr has listened to them. During our interview, Suhr told me that he met with ACLU’s John Crew, and Crew explained that Suhr’s new bureau order is only a temporary solution.


“It’s only a remedy as long as I am Chief,” Suhr explained, noting that the ACLU wants to sit down and review the matter and see if there is a way to tighten any loopholes,


“And if we can’t reach accord with the FBI, then we’ll talk about how to move forward with a Portland-style resolution,” Suhr said, referring to a recent decision by the Portland city council in Oregon not to sign the FBI’s agreement, and instead draft its own resolution to better define the terms and conditions under which local officers can participate in the FBI-led joint terrorism taskforce.


Asked what he thought about the FBI’s decision not to send a representative to address community concerns at the joint hearing of the San Francisco Police Commission and Human Rights Commission, Suhr replied, “I don’t think they [the FBI] thought it would be productive,” adding that his talks with Stephanie Douglas, the FBI Special Agent in charge of the terrorism taskforce, have been very “productive” so far.
 


 

Tonight: Freedom of information panel on press passes

A few articles have been published over the past year or so about the availability of press passes in San Francisco, spurring a slew of questions: Who gets them? Why are they needed? What are the laws surrounding media access? And what are the rules governing the local process of issuing press badges, anyway?

To sort it out, the Freedom of Information Committee of the Northern California Chapter of the Society of Professional Journalists is organizing a panel discussion today, June 21, at the San Francisco Public Library. It’s not intended to be a debate, but an informational session for journalists and other interested parties to clear up some of the misconceptions surrounding press passes. Panelists will include Lt. Troy Dangerfield of the San Francisco Police Department’s Media Relations unit, Acting City Administrator Amy Brown, Attorney David Greene of the First Amendment Project, and Chris Roberts, a reporter who has covered controversy surrounding press passes before.

The panel will be held at 5:30 p.m. at the San Francisco Public Library, 100 Larkin St., in the Latino/Hispanic Community Meeting Room, located on the Library’s lower level. (Enter at 30 Grove Street, proceed down stairs to the lower level.)

Feinstein gets box of toy soldiers, as Obama prepares to announce troop draw down

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As Obama prepares to announce a troop drawdown this week, Peace Action West’s political director Rebecca Griffin delivered a box of thousands of toy soldiers, each attached to a petition for a swift withdrawal of U.S troops from Afghanistan, to Sen. Dianne Feinstein’s San Francisco office on Monday afternoon. Unlike many Democratic senators, Feinstein has not publicly demanded a rapid drawdown.

Griffin said the goal of collecting the messages, attaching them to toy soldiers and delivering them to Feinstein was to draw attention to the organizing that is happening to end the war, which reportedly is costing $2 billion a week. Many of the messages attached to the soldiers came from folks with family in the military.

A representative from Feinstein’s office accepted the delivery in the foyer of the Post Street building where Feinstein’s office is located. But Feinstein continues to support deferring draw down timetables to Gen. David Petraeus, based on comments she made on MSNBC that her press secretary Tom Mentzer referred the Guardian to on Monday, when we asked if Feinstein supports a rapid withdrawal from Afghanistan.

Asked by MSNBC’s Andrea Mitchell, what Obama should do, perhaps this week, when he makes a decision as to how quickly to draw down, Feinstein said Monday that she had had a brief discussion with Petraeus. [Obama nominated Petraeus last June to succeed General Stanley McChrystal, after McChrystal was fired for comments he made to Rolling Stone magazine, which included dismissing the counter terrorism strategy that Vice President Joe Biden was advocating as “shortsighted,” saying it would lead to a state of “Chaos-istan” and showing a lack of respect for civilian leadership. Petraeus intends to retire in September, and Obama plans to nominate him as the next CIA director.]

“What General Petraeus said is, ‘Look, I will give him several options. I may make a recommendation. And then the President will decide,’” Feinstein told MSNBC. “My own view is that this right now is a primarily—should be a military decision.”

Feinstein noted that she is bothered by Afghan President Hamid Karzai’s reaction. [Presumably, Feinstein was referring to comments Karzai made on the weekend, when he stated that the Nato-led coalition forces are “here for their own purposes, for their own goals, and they’re using our soil for that.” Last month, Karzai threatened to denounce the coalition as occupiers if they did not stop attacks on Afghan homes, after an airstrike killed civilians, many of them children.]

“I’m really very bothered by President Karzai’s reaction to it,” Feinstein told MSNBC. “That is negative to our troops over there. You know, our people have died essentially so that his country might be secure. I think this is a real problem: to have a President of a country that you are trying to help to stabilize, to get rid of al Qaeda, to see the Taliban doesn’t take over the country, and to receive a comment like that from the President of the country. But I think the President will make a decision—we can all guess, but none of us really know—to begin removing the troops. How big, I can’t say.”

Feinstein’s comments came shortly after Obama’s Sec of Defense Robert Gates acknowledged that the U.S is negotiating with the Taliban—an acknowledgement that only came after President Karzai publicly said that the US is in talks with the Taliban.

Asked if she’d like to see a more rapid withdrawal than the 5,000 troops originally suggested, and if she thought with Osama bin Laden’s recent death, and with al Qaeda diminished in Afghanistan, there’s a justification to begin drawing down more rapidly, Feinstein said, “There is a justification,” but she left viewers with a question.

“I don’t want to see what has been a turnaround, in the words of Petraeus, ‘still fragile’ destroyed,” Feinstein said. “I think there have been major inroads made in Afghanistan. Particularly in the south and now the plan is to go east. So that to me is the crux of the decision. How do you begin a significant rollback of troops without destroying the forward momentum that has been made by the surge?”

It’s been 18 months since Obama first ordered a surge of 30,000 troops into Afghanistan. And even if he withdraws the surge, there would still be about 70,000 American troops on the ground. And according to the Department of Defense’s website, there are currently 1.425 million active service members in the U.S. military.

Those statistics brings us back to Peace Action West’s Rebecca Grifffin, who noted during Monday’s action that because there is no draft, there is more of a disconnect from and less of an outcry about the wars in Afghanistan and Iraq, then there was about Vietnam. “Because there is no longer a draft, the public is not as touched, as they were by Vietnam,” she said.

As of Dec. 2010, there were 103,700 coalition soldiers in Afghanistan, according to DoD numbers. This means Obama has sent an additional 72,300 soldiers to Afghanistan since Dec. 2008, when Bush left office. Obama has significantly reduced troop levels in Iraq—drawing down their numbers from 178,300 in Dec. 2008 to 85,600 in Dec. 2010—but though there is a large military presence still in place, folks are fretting about the safety of those remaining troops as they try to pack up and leave Iraq in the coming years.

So far, there have been 4,408 military deaths in Operation Iraqi Freedom, which began March 19, 2003, 36 military deaths in Iraq’s Operation New Dawn, which began Sept. 1, 2010, and 1,590 deaths in Afghanistan’s Operation Enduring Freedom, which began Oct. 7, 2001.

That’s 6.034 deaths in total–a huge loss in terms of the families and communities that have been impacted by these soldiers’ deaths.

And then there are the 11,722 soldiers who were wounded in Afghanistan, the 31, 928, wounded in Operation Iraqi Freedom and the 172 wounded in Iraq’s Operation New Dawn, And that’s not factoring in the impact and cost of dealing—and not dealing–with post-traumatic stress disorder. According to the Department of Veterans Affairs, 50,000 veterans of the Iraq and Afghanistan wars received a new PTSD diagnosis between 2002 and 2008, but fewer than 10-30 percent, particularly under 25-year-old males, completed a course of treatment sessions.

So, members of Congress are increasingly hearing from their constituents about the impacts of soldiers who were killed, maimed and/or are suffering from PTSD, especially as the recession threatens to translates into cuts to benefits and programs for veterans. And following the May 1 U.S. raid that led to Osama bin Laden being killed in Pakistan, there has been a big uptick in congressional support for a withdrawal, according to Griffin who spends a fair amount of time in Washington, D.C.

“A lot of people are using the raid as their starting point,’ Griffin said, pointing to the House of Representatives May 26 vote, where a measure which would have required Obama to develop an exit strategy for the war in Afghanistan with a clear end date and report back to Congress, only narrowly failed, winning 42 more votes than a similar amendment last year, and with a score of Republicans siding with the Democrats.

And in mid- June 16, a bipartisan group of senators wrote Obama, urging him to use his self-imposed July troop draw down deadline as an opportunity to begin a “sizable and sustained” draw down of troops that puts the U.S. on a path toward removing all regular combat troops from the country. But while a third of the Senate spoke out in that letter, and its signatories included Dem leaders Chuck Schumer, Dick Durbin, and Barbara Boxer, and a host of moderate Democrats and Republicans, it did not include Feinstein.

U.S. military officials have voiced concern that a rapid withdrawal of troops could undercut gains in southern Afghanistan, a traditional Taliban stronghold. And Feinstein certainly seems to share those worries. “It took 10 years and for the first time we now have a turnaround,” Feinstein, who is the Chair of the Senate’s Intelligence Committee, told reporters earlier this month. “I would like to not telescope what we are going to do; wait and see a little bit more about what happens. I think it’s important candidly to keep all our options open.”

In face of comments like this, Griffin and Peace Action West’s field organizers have spent the last two months collecting toy soldiers and messages to attach to them, with the help of an online outreach effort that they launched in May.“Part of it is to create a physical reminder of the public’s opposition to war. People talk about wanting their family members to come home, Griffin said, pointing to the handwritten messages that are attached to each toy soldiers. “Some politicians are saying, ‘Give them a little more time.’ But the casualties are going up each month, and last month was the deadliest for Afghan civilians on record. So, while Defense Secretary Gates, who is very invested in his counter insurgent strategy, is doing his farewell tour, the troops are asking, do we get to come home sooner because Osama bin Laden is dead?”

Griffin observed that DoD statistics show that double and triple amputations due to IEDs (improvised explosive devices) have increased, and that PTSD levels continue to rise as veterans return, yet it’s not clear that at-risk veterans are getting the help they need.

“There’s been a perception shift about Afghanistan,” Griffin continued, noting that it’s been going on for almost a decade, and that pressure from the public and Congress will make it more difficult for Obama to not follow suit.

But while Griffin is clearly against the war in Afghanistan, she believes there are alternative ways for the U.S. to be productively engaged. These include playing a role in regional diplomacy with Iran, Russia and Iraq, helping facilitate political negotiations with Afghan, and partnering with the Afghan people on development projects that help.

“But that does not include giving money to the military to build stuff because then it becomes a Taliban target,” Griffin explained.

Noting that Sen. Boxer has suggested drawing down the troops by 30,000 and Congressmember Barbara Lee has advocated reducing the troops by 50,000, Griffin believes that Obama’s July decision is very important in terms of setting the debate about when we are going to get out of Afghanistan entirely.

‘Will it be 2014, or much longer?” Griffin asked.

She believes the coming election season will help tip the balance, especially since recent polls show the American public supports a troop withdrawal, especially in the wake of the Osama raid. “But if there aren’t strong actions, it will fester and will risk getting bogged down,” she said, warning folks that they also focus on making sure that reduced military budgets don’t translate into cuts to veterans benefits and pay. “

A lot of people who are uncomfortable with what’s going on, don’t know what to do,” Griffin said, explaining that she is looking for people who want to end the war, and is urging them to visit Peace Action West’s website to learn about things that they can do,that they feel comfortable with. “We want people to know that even though it might seem hopeless, there’s a lot they can do.”

And with that Griffin shared with me a list of some of the reasons Californians gave when asked why they want to end the war:

“My nephew wants to come home.”

“I want my friend to be able to raise his son.”

“My ex-boyfriend never came back alive from Iraq. He was even against the war. And America is generally unhappy (to be mild) about our ‘fight’ still going on.”

“I want my legs back.”

“I have a good friend who is just back from Afghanistan and is suffering from PTSD. He is 22 years old. Stop doing this to young people.”

“If we can’t afford Medicare, then we can’t afford bombs.”

“Because my brother has been deployed several times and he has a family at home.”

“Stop because my son is in there for six years.”

“My brother has been to Iraq three times. The first time he was in the army for six months. We train football players longer than that.”

“My 21-year-old grandson was just sent with his army unit to the front lines in Afghanistan. Every day we wonder if he will come home alive and uninjured. And for what? Why does the U.S. have to police the entire world?”

All good questions and reasons as Obama prepares to tell the nation how many soldiers he plans to withdraw in July–and when the rest of them and their families can expect to see them come home….

Suhr: SFPD Tasers not a priority

Asked on June 17 for an update on a San Francisco Police Department bid to research and implement the use of Tasers, Police Chief Greg Suhr indicated that it was on the back burner for now.

“I know that the Tasers and all were a huge discussion in prior administrations,” Suhr said. “I think right now with everything else that we have going, and especially with budgetary constraints right now, that in all honesty we really haven’t gotten to that yet.”

Among community concerns surrounding Tasers earlier this year were fears that adopting the so-called nonlethal weapons would overshadow a parallel effort to improve police responses to calls involving the mentally ill.

Asked about progress on the implementation of Crisis Intervention Training (CIT), a program advocated by Police Commissioner Angela Chan to train officers to better respond to calls involving the mentally ill, Suhr noted that he backed CIT and had taken preliminary steps to improve the department’s response in those situations.

“Within the first week that I was here, we put in a new policy and a procedure where every single mentally ill call is to be treated as a mini-critical incident, so a sergeant responds, takes charge of the scene, a little perimeter is set up, and unless that person is a danger to someone other than themselves, we wait. It’s basically a slowdown,” Suhr explained.

Community advocates championed CIT as an important step forward in the wake of the Jan. 4 shooting of Randal Dunklin, a wheelchair-bound, mentally ill man who was brandishing a knife outside the city’s Department of Public Health building. Dunklin allegedly stabbed an officer and suffered a nonfatal gunshot wound to the groin after he had tossed the knife.

Civil rights advocates say S-Comm reforms are spin, part of bigger FBI biometric tracking plan

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In face of mounting criticism nationwide, the U.S. Department of Homeland Security announced today changes to its Secure Communities (S-Comm) deportation program. These changes include protections for domestic violence victims, and immigrants who are pursuing legitimate civil liberties protections. They give more discretion to ICE prosecutors, create a new detainer form that stipulates in multiple languages that arrestees cannot be detained under an ICE hold for more than 48 hours, except on holiday weekends. The form also requires local law enforcement to provide arrestees with a copy, which has a number to call if they believe their civil rights have been violated. The agency also said it will provide civil rights training related to its S-Comm program at the state and local level.

Immigrant and civil rights advocates said the announcement shows that the administration acknowledges that there are serious problems with S-Comm’s design and implementation. But they charged that the announced reforms fall far short of the S-Comm moratorium that an increasing number of advocates and lawmakers, including California Assemblymember Tom Ammiano, have demanded.

And some advocates expressed concern that the feds’ insistence on expanding S-Comm, in which fingerprints taken by local law enforcement agencies are automatically shared with federal and international databases, is proof that the program is the first step towards rolling out a much larger program called the Next Generation Identification (NGI) initiative.

Under the NGI, the FBI plans to phase-in the deployment of a host of new biometric interoperability capabilities to state and local law enforcement agencies within the next five years. And NGI likely won’t be limited to non-citizens and undocumented immigrants, suggesting that US citizens charged with a crime will also find that once their fingerprints are taken, law enforcement agencies will immediately compile a huge and internationally interconnected dossier on them, regardless of whether they are innocent of the charges.

Civil rights advocates also worry that local enforcement agencies’ participation in S-Comm will become inevitable because S-Comm is simply the first of a number of biometric interoperability systems being brought online by the NGI.
In other words, S-Comm is just the first of many additional information systems that are being made available to local law enforcement agencies to fully and accurately identify suspects in their custody.

And, according to the FBI/CJIS’s own documents, the feds have adopted a three-part strategy to deal with jurisdictions that do not wish to participate:
1.    Deploy S-Comm to as many places as possible in the surrounding locale, creating a “ring of interoperability” around the resistant site.
2.    Deploy S-Comm selectively to state correctional system facilities, permitting identification of Level 1 offenders who may have been arrested and sentenced in the non-participating jurisdiction,
3.    Ensure that the jurisdiction understands that non-participation does not equate to non-deployment.
In other words, though a local law enforcement agency is technically free to shut off, or ignore, the receipt of records related to the fed’s fingerprint-matching capabilities, the feds are already warning local law enforcement agencies that local officers may find themselves “deprived of substantive information relating to an arrested subject’s true identity, place of origin, and other pertinent data of significant law enforcement value.”

Ammiano, who is the author of California’s TRUST Act, which would allow local governments to opt out of S-Comm, said: “Today’s announcement by ICE is simply window dressing. How many more innocent people have to be swept up by the ironically named Secure Communities program before the Obama administration will change course? Talking about the need for comprehensive immigration reform is not an excuse for continuing with a flawed, unjust program that is having tragic consequences for communities across the country. It is time for a moratorium on S-Comm pending a real review of the program not just PR spin from ICE.”

Professor Bill Ong Hing, immigration law expert at the University of San Francisco, stated, “The fact is, under our Constitution, immigration is a federal responsibility. Neither a state like Arizona, nor the federal government itself, can force local governments to act as immigration agents. Such measures compound the injustices of our deeply broken immigration system – and public safety and local resources are among the first casualties.”

And the Asian Law Caucus, the ACLU of California, the Coalition for Humane Immigrant Rights of Los Angeles, the California Immigrant Policy Center, and the National Day Laborer Organizing Network released the following joint statement:  “We are deeply disappointed by the inadequacy of the Administration’s response to the mounting body of evidence that the ‘Secure’ Communities program is damaging public safety and ensnaring community members. The painful stories of domestic violence victims and other innocent community members facing deportation thanks to S-Comm underscore that the program has simply gone off the rails. While today’s announcement acknowledges that problems exist with the program, the measures outlined by the Administration are a far cry from workable solutions these problems. To announce “reform” before review is an exercise in politics, not policy. The administration should suspend the program and wait for the Inspector General report in order to develop fair and transparent policies.” 

“Before vital relationships between local law enforcement and immigrant communities are furthered damaged, before more domestic violence victims, street vendors, family members, and workers who are merely striving for the American dream are swept up for deportation, S-Comm must be reigned in,” the coalition continued. “For the sake of public safety and transparency, we need real solutions. We strongly support California’s TRUST Act, which sets safeguards the federal government has failed to implement and allows local governments out of S-Comm, and we continue to call for a national moratorium on this fundamentally flawed program.”

In recent weeks, Illinois, New York, and Massachusetts, have either pulled out or refused participation in the program while numerous local governments have sought a way out of a deportation dragnet that harms public safety and has operated with no transparency or local oversight. And Ammiano’s TRUST Act, which also sets basic standards for those jurisdictions that do want to participate in S-Comm passed the state Assembly in May and the Senate Public Safety Committee this week.

During today’s press conference, ICE Director John Morton told reporters that “it makes sense to prioritize resources. We don’t have enough resources to remove everyone who is here unlawfully.”

But when the Guardian asked if the reforms address the community criticisms that S-Comm was rolled out as a way to catch serious criminals, but has been largely used to deport non-felons, Morton maintained the S-Comm has always focused on serious criminal offenders, but was never limited to that.
“We remove felony offenders at a higher rate than are convicted in the general population,” he stated. ‘But federal law does not provide that you can come here unlawfully and then commit crimes other than violent crimes.”

True, but local law enforcement agencies have repeatedly observed that you break vital trust with immigrant communities if they believe that contact with police, including  being arrested for crimes they did not actually commit, or arrests for very low-level misdemeanors, will lead to deportation.

“This feels like a non-announcement, and it’s far from reform,” said B, Loewe of the National Day Laborers Organizing Network. “You don’t put a collar around a snake and call it a pet.”

And SF Police Commissioner Angela Chan, a staff attorney at the Asian Law Caucus, said the reason ICE and the FBI, “are so crazy for S-Comm is because it’s the first step in a much bigger loop that will include citizens and non-citizens alike.”

NDLON and the Asian Law Caucus are part of the coalition that is calling on the Obama administration to publicly oppose and terminate all programs that create partnerships between state and local law enforcement and the Department of Homeland Security; halt the development of the vast data gathering infrastructure that houses S-Comm, and inform the public of the current scope and purpose of its data collection and dissemination activities; and allow state and local jurisdictions to opt-out of S-Comm.

After today’s press conference, ICE issued a press release stating that through April 30, 2011, more than 77,000 immigrants convicted of crimes, including more than 28,000 convicted of aggravated felony (Level 1) offenses like murder, rape and the sexual abuse of children were removed from the U.S. after identification through S-Comm.

“These removals significantly contributed to a 71 percent increase in the overall percentage of convicted criminals removed by ICE, with 81,000 more criminal removals in FY 2010 than in FY 2008,” ICE stated. “As a result of the increased focus on criminals, this period also included a 23% reduction or 57,000 fewer non-criminal removals.

ICE also observed that the agency currently receives an annual congressional appropriation that is only sufficient to remove a limited number of the more than 10 million individuals estimated to be in the U.S. unlawfully. “As S-Comm is continuing to grow each year, and is currently on track to be implemented nationwide by 2013, refining the program will enable ICE to focus its limited resources on the most serious criminals across the country,” ICE stated.

ICE further noted that it is creating a new advisory committee that will advise ICE on ways to improve S-Comm, including recommending on how to best focus on individuals who pose a true public safety or national security threat.  This panel will be composed of chiefs of police, sheriffs, state and local prosecutors, court officials, ICE agents from the field and community and immigration advocates.  The first report of this advisory committee will be delivered to the Director of ICE within 45 days.

ICE Director Morton also issued a new memo that directs the exercise of prosecutorial discretion to ensure that victims of and witnesses to crimes are properly protected. The memo clarifies that the exercise of discretion is inappropriate in cases involving threats to public safety, national security and other agency priorities.

And ICE and the DHS Office for Civil Rights and Civil Liberties (CRCL) have created an ongoing quarterly statistical review of the program to examine data for each jurisdiction where S-Comm is activated to identify effectiveness and any indications of potentially improper use of the program. “Statistical outliers in local jurisdictions will be subject to an in-depth analysis and DHS and ICE will take appropriate steps to resolve any issues,” ICE stated.
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Nat Ford’s contract isn’t the only problem

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I’m glad Leland Yee and John Avalos are criticizing the $384,000 severance package for Muni chief Nat Ford. Yee’s even collecting signatures on a petition. None of which will matter, though — the MTA is going to approve this and Ford (who, in essence, appears to have been fired for doing a bad job) will walk away with the cash.


That’s because the MTA didn’t have a lot of choice. The guy had a contract. And it included, I’m sure, mandatory severance if he was dismissed for any reason before the end of the term.


Why do (some) department heads have employment contractsthat include severance payments? I don’t know. The police chief doesn’t have one. The director of public health doesn’t have one. In fact, most senior city employees don’t get guaranteed golden parachutes.


But the head of Muni does. The head of the Transbay Terminal project does. The last head of the SF Public Utilities Commission did; I don’t know if the current person has one, too, but it’s likely.


This is a problem.


Why should some selected department heads get special contracts, while your average department head gets nothing? Why should city employees at the top get severance when your average working city employee gets none?


There’s no clear definition of which department heads get special deals and which ones don’t. It’s up to the commissions. That’s what Yee and Avalos ought to be working on — changing the rules to get rid of these severance contracts in the first place.


 

Candidates land punches in first D.A. debate

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District Attorney and former SFPD Chief George Gascón, Alameda County Deputy District Attorney Sharmin Bock, and former San Francisco Police Commissioner David Onek all landed solid punches during a three-way District Attorney debate that was co-hosted by the San Francisco Young Democrats and the Alice B. Toklas LGBT Democratic Club, and moderated by Recorder editor Scott Graham. The primary sponsor of the debate was the City Democratic Club, according to CDC President Jim Reilly. So, thanks CDC for helping to pull off a great event.

The debate was framed as a choice between Bock, a veteran prosecutor with leadership experience, Gascón, a career cop with managerial experience, and Onek, a former San Francisco Police Commissioner and criminal justice reform expert. And above all it proved that if you lock three attorneys in the same room and pit them in a three-way fight, you’ll be rewarded with a blood sport spectacle.

Bock kicked off by noting that there are many similarities between the three candidates—except when it comes to independence and experience “Experience matters,” Bock said, throwing a one-two punch at Gascón and Onek. “The job of the District Attorney is not a management job, a police job or a job for someone with just a law degree. It needs a veteran prosecutor,” she said—remarks that resonated well with the crowd, judging from the applause.

But after a few niceties, Gascón shot right back at Bock and Onek. “I am the only one who has led large organizations and pushed public policy forward in an effective manner,” he said.

And Gascón struck a home run when he revealed that when he took the job of Chief of Police in Mesa, Arizona, he was “facing one of the most toxic environments” in terms of hatred towards people of color and the LGBT community–and that he did something about it, by standing up to anti-immigrant Sheriff Joe Arpaio of Maricopa County, and protecting the local LGBT community’s right to protest.

When it was his turn to speak, Onek fired off his own rounds at Bock and Gascón, noting that the state’s criminal justice system is broken—and claiming that it will take an outsider to fix it.
“This is a once-in-a-lifetime opportunity to reform the criminal justice system,” Onek said, laying out his reform-minded track record.

And then he stuck it to both Bock and Gascón by stating that the death penalty does not work. “I will never seek it in San Francisco under any circumstances,” Onek said, earning excited applause, as he noted that he’ll look at all policy question through the prism of three questions: ‘Does it make us safer, is it cost effective and is it fair and equitable?”

Onek also noted that neither the Supreme Court’s ruling that California must reduce its prison population by 30,000, nor Gov. Jerry Brown’s call for prisoner realignment, come with any money.
‘That’s a disaster,” observed Onek, as he stressed the need to demand resources to help deal with the upcoming load of prisoners that about to return to San Francisco.

Gascón fielded questions about whether they are enough people of color and LGBT background in management in the D.A.’s Office. “Well, I think there’s definitely always room for improvement in any organization,” he said, noting that he has a history in the Los Angeles Police Department, the Mesa, Arizona Police Department and the SFPD, “of pushing very aggressively to have diversity within the office.”
But he started a bit of a buzz when he said it was “really a surprise to me that I promoted the first male, black, police captain to the San Francisco Police Department.”
“You would think that there have been, you know, male African-Americans in that department for many years. It was hard for me to believe that actually in 2009 we had not had one,”  Gascón continued, a remark that got some debate observers asking afterwards, if this meant that Gascón really did not know that former SFPD Chief Earl Sanders was a black male.

Meanwhile, Bock was happily trampling all over the sit-lie legislation that then SFPD Chief Gascón and Mayor Newsom backed last fall, as she noted that more foot patrols and community policy are what’s actually needed. “Political hot-button measures don’t work,” Bock said. “Both sides agree it hasn’t worked. It’s the wrong response to the real problem.

Asked if he had a conflict of interest, when it comes to investigating allegations of police misconduct, Gascón claimed the problem is limited to a small number of officers, adding, “if the allegations are true.”

“In reality the majority of the SFPD are hard-working people doing the right thing,” he said. “And there has been only one challenge—and our office has prevailed,” Gascón said. “However, there have been a finite number of cases where I personally adjudicated the bad conduct—and those will be handled by the Attorney General’s office.”

Bock stressed that she was not in favor of sending drug offenders to prison and would focus on restorative justice, instead. Asked if she would have a panel on her staff review potential death penalty cases, Bock confirmed that she is committed to having a Special Circumstances Committee, as D.A. Kamala Harris did, to get input around the facts and from lawyers involved in such cases.“The ultimate decision is mine, and I oppose the death penalty,” Bock said, noting that she does not believe that 12 jurors will return a unanimous death penalty verdict. “But I do think as prosecutor you need to go case by case.”

Asked if he would have sought the death penalty in a case like the L.A. Night Stalker, who murdered 13 people, many of them elderly, Gascón said, “Probably not. All of us agree that the death penalty is not a good tool. But it is part of our system, and I continue to have the system Kamala Harris had in place. At the end of the day, it’s my decision, and I’m the only one in the room, who can say I’ve already turned down the death penalty.”

Agreeing with Bock that a jury is unlikely to go for the death penalty, Gascón maintained that the death penalty is “an illusory issue,” and that the real question is, “How do we rewrite the State Constitution [so the death penalty is not on the books]?”

Asked how he felt about marijuana, Gascón said he doesn’t believe folks should be incarcerated for use—and that folks are already being diverted to community courts in those instances.

But when Onek tried to wrap up by positioning himself as a the reformist-minded outsider, Gascón pounced, reminding folks that Onek was a Police Commissioner, when the Police Commission recommended Gascón to Mayor Newsom as the next SFPD Chief. “While David is someone I respect—and one of those who hired me, David has painted himself as an outsider, when the Police Commission is the policy-making body for the SFPD. There are no outsiders here. The question is, what have you done? There’s a difference between calling yourself a reformer and having other people call you a reformer.”

Bock for her part used her closing remarks to remind folks that there has been a crime lab scandal, alleged police misconduct, a DNA backlog, and about 100 cases dismissed as a result of these scandals, and a bunch of prisoners are about to be sent back to the community because of realignment. “We’re in challenging times, at a critical crossroads, with stormy weather ahead,” she said. “I’m not going to be trying things out at your expense. As a veteran progressive prosecutor, I’m fully prepared.”

Mehserle’s free, but some protesters could still face jail time

 Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant while he was lying face down on the Fruitvale station train platform on New Year’s Day 2009, was released from a Los Angeles jail June 13 after serving a total of 365 days for his involuntary manslaughter conviction. He was sentenced to two years behind bars, but Judge Robert Perry granted him an early release due to credit for time served and good behavior.

The same date of his release, the National Lawyers Guild filed a class-action lawsuit on behalf of 150 protesters who were mass-arrested during the Nov. 5, 2010 demonstration in Oakland in the wake of Mehersle’s sentencing. Meanwhile, a handful of individuals who engaged in the Jan. 14, 2009 and July 8, 2010 protests launched by Grant supporters — which morphed into riots after community rallies came to an end — are still battling court cases.

Two of the protesters arrested last July initially faced serious felony arson charges for igniting a trash can, which could have led to incarceration for a longer duration than Mehserle served for fatally shooting Grant.

“There were several felony arrests last July, and people were facing charges that could lead to more than a year, no question about that,” noted attorney Dan Siegel of the Oakland-based firm Siegel & Yee. Siegel is currently representing Todd Lister and Adrian Wilson, the two defendants who were accused of arson. The codefendants now face attempted arson charges, carrying a minimum penalty of eight months, with a midterm of one year. “Theoretically, that’s what they’re still facing,” Siegel said, but added that he was confident the as-yet unresolved case would result in a more lenient outcome.

Meanwhile, some of the burglary charges stemming from the looting that occurred in Oakland last July could potentially lead to multi-year sentences, Siegel added, leading to more time in jail than Mehserle served.

Some of the hundreds arrested over the course of the three protests who had prior criminal convictions had their probation or parole immediately revoked as a consequence, said Rachel Jackson, a member of the Coalition for Justice for Oscar Grant and one of the organizers of the Nov. 5 community rally in downtown Oakland’s Frank Ogawa Plaza.

Of the hundreds of arrests made in Oakland during waves of protests launched by Grant supporters, just a small number were on serious charges such as burglary or arson. The mass arrest of 150 individuals last November was initially made on charges of unlawful assembly, yet nearly all of the arrestees were cited and released after spending up to 24 hours in jail, and all had their charges dropped.

In that instance, Oakland police corralled 150 demonstrators who had been participating in a lawful march through the streets into a residential block in East Oakland. Once they were surrounded, Oakland police — who were aided in the streets by 32 other law-enforcement agencies that night, according to National Lawyers Guild attorney Rachel Lederman — placed them all under arrest. No dispersal order was issued prior to making the arrests, and it would have been impossible to comply if one had been issued.

In a class-action lawsuit, the National Lawyers Guild argues that the Nov. 5 protester roundup and mass arrest was a violation of the Oakland Police Department’s crowd control policy, and that it constituted a violation of protesters’ rights to freedom of speech and freedom of assembly. “Even legal observers and a few people who happened to live in the neighborhood were swept up,” Lederman said.

“The policy is clear, and the constitution is clear,” she went on. “You must have probable cause to believe an individual is committing a crime. But in this case, the whole crowd was herded onto a residential street, blocked in, and held on the street for hours. There was never a dispersal order, and all exits were sealed off.”

The Oakland Police Department did not respond to a request for comment.

Arrestees were held handcuffed in vans, in some cases for hours, without access to a bathroom, Lederman noted. All of the women were subjected to pregnancy tests upon being booked into jail, “which made no sense and was abusive in this particular case,” Lederman maintains, because the short time they spent there didn’t justify the excuse that the test would have been necessary to determine whether anyone needed prenatal care. Several men, meanwhile, were subjected to DNA swabs, which is “only supposed to happen if you’re arrested for a violent felony,” according to Lederman. 

Jackson, who was also arrested that night, said she believed police conduct was “incredibly intimidating, and it has a chilling effect on free speech.”

CA Senate committee approves TRUST Act in face of rising “S-Comm” concerns

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The California Senate Public Safety Committee approved Assemblymember Tom Ammiano’s TRUST Act, (AB 1081) today in a 5-2 vote, in face of rising concerns about a troubled federal fingerprinting and deportation program known as Secure Communities (S-Comm). The TRUST Act would reform California’s participation in S-Comm, which has increasingly come under fire for undermining public safety and operating without transparency or local oversight. Ammiano’s AB 1081 assures that local governments have the ability to opt out of the program and it sets basic standards for jurisdictions that choose to participate. The bill now heads to the Senate Appropriations Committee for consideration.

San Francisco Police Commissioner Angela Chan, a staff attorney with the Asian Law Caucus, says  that immigrants rights activists are calling on California Gov. Jerry Brown and Attorney General Kamala Harris to suspend S-Comm entirely, for now. These calls come in the wake of New York decision to suspend the troubled program, Illinois’s decision to terminate the program, Massachusetts’ decision to refuse to sign the Department of Homeland Security’s proposed S-Comm agreement, and the Inspector General’s announcement that it plans to investigate S-Comm allegations this summer.
“But if S-Comm eventually becomes unsuspended, that’s where the TRUST Act would come into place,” Chan said.

At today’s hearing in Sacramento, retired Sacramento Police Chief Arturo Venegas testified in support of the TRUST Act, calling S-Comm a “Trojan horse,” thanks to Immigration and Customs Enforcement (ICE’s) alleged misrepresentation of S-Comm to law enforcement. And community leader Renee Saucedo read the testimony of Norma, a domestic violence victim whose calls for help landed her in deportation proceedings thanks to S-Comm.

Tuesday’s vote comes on the heels of a growing firestorm of congressional criticism of the program, which reportedly has an annual budget of $200 million. And the latest statistics from ICE show that of all the states, California has deported the most immigrants under S-Comm. As of April 2011, California had deported 41, 833 individuals since it began phasing in its participation in S-Comm in May 2009. These figures include 12,133 folks (30 percent of deportees) who did not have a criminal record. And if you add those with low-level offenses to the non-criminal category, the percentage grows to 70 percent. Texas was in second place after California, with 27,000 S-Comm deportations.

Crying in public

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arts@sfbg.com

HAIRY EYEBALL Weaving my way through the groups of slower moving shoppers and tourists ambling out of the Powell Street BART Station, I realized I was already too late.

I had wanted to be present for the June 11 noon kickoff of Market Day — the large-scale public art event tied to Allison Smith’s current Southern Exposure exhibit “The Cries of San Francisco” — but when I reached Mint Plaza and had been handed a schedule I saw that my timing had been off by an hour.

Oh well. The point of Market Day wasn’t to necessarily be at a certain place at a certain hour to see a certain something. The “something” was supposedly happening all around me. The nearly 70 Bay Area artists, performers, and craftspeople Smith had gathered for this ambitious public art project had dispersed throughout Mint Plaza, and up and down Market Street between Fifth and Third streets, to peddle their wares (many homemade), offer more ineffable “services” (such as owning the expletive of your choice or telling you a story), or to simply “perform” in “character.”

The criers were to be like tiny pebbles subtly altering the fast-moving watercourse of weekend foot traffic. Granted, participation is hard to measure for something like “The Cries of San Francisco,” but wherever I turned, people seemed engaged even if the number of folks documenting a given artist seemed to greatly outnumber the members of the public they were interacting with.

I decided I needed a little more intimacy if I was to get my feet wet. I started back toward Market and ran into a woman dressed in steampunk-ish attire. Her name was Jamie Venci, a.k.a. the Questing Choreographer (each participating artist conveniently had a large nametag). She offered me an informative pamphlet about one of three historic buildings in the vicinity that had survived the 1906 earthquake if I promised to carry out the site-specific choreography contained within.

I agreed, and for convenience’s sake, I went with the Mint Building. Not five minutes later, I was on the steps of “the Granite Lady” attempting to convey the shape of its crenellated outline with my arms — per a step in Venci’s cutely drawn instructions — in what must have looked like a particularly inept approximation of tai chi.

Conceptual art requires a suspension of disbelief on the part of its audience. I was not merely being ridiculous in public, but was publicly enacting a new relationship to a space I had not really considered too closely before. I, as much as Venci, was the Questing Choreographer, and together we had collaborated on a piece.

The satisfaction I took in my demonstration of good faith was fleeting, as questions took over. What had passersby thought about what I was doing? And how could they really have anything to think about without some context for my undertaking? If a person dresses up in a colorful manner in San Francisco and carries on in public does anyone raise an eyebrow, let alone pause to consider the host of artistic and economic concerns that “The Cries of San Francisco” aimed to bring to the streets?

Materials for the event cited Mohamed Bouazizi, the Tunisian street vendor who set himself on fire to protest police harassment, as well as Carol Reed’s 1968 film version of the musical Oliver! as representational precedents. But despite the presence of Art for a Democratic Society’s Class War Store cart full o’ Marxism, the tenor of many of the criers was more playful than revolutionary. Whimsy was the order of the day.

Ha Ha La (Nathaniel Parsons) pushed around an “amusement park,” a steep ladder that participants would gingerly climb up and down while Parsons bellowed a New Age-y chant affirming their bravery and blessedness through a conch shell. After I took my turn on the rickety structure, I chose a souvenir badge that read, “You don’t have to behave you just gotta be brave.”

Also hard to miss was Maria de los Angeles Burr, who, as the Unsellable, had transformed herself into a walking pile of paper bags. “I have become burdened by too many possessions,” she muttered to me, as confused shoppers exiting from the Westfield Centre stopped to take pictures or gawked while hurrying on their way.

I wondered if they got the visual pun, or would simply move on and tune out the other criers much in the same way many of us avoid other solicitors like petitioners or canvassers.

I also wondered what the Market Street regulars — the men who sell cheap earrings, bootleg Giants merchandise, and faux-cashmere scarves from tables or the young hip-hop dancers who busk near the Powell Street cable car turnaround — thought about the criers. Did they view them as competition? As a friendly change-of-scene? Or did they see them at all?

By 4:30 p.m., all the criers had reconvened at Mint Plaza. They seemed tired from their day of art-making and being “on.” Continuing at a full clip, however, were tweens Colin Cooper and Cole Simon, by far the loudest and youngest hawkers, who had set up shop as the Masters of Disguise (one of their parents informed me that their after-school art teacher, a California College of the Arts student, had encouraged them to get involved with the project).

I walked away from our genial encounter $1 poorer but with a pair of plastic pink sunglasses and an orange mustache to my name. I felt braver with them on.

The carnival continues: the gallery installation component of “The Cries of San Francisco” is up until early next month and will host a series of performance events. Future Saturday marketplaces are scheduled for two Saturdays, June 18 and July 2 (noon to 6 p.m.). And on Wednesday, June 15 at 7 p.m., various criers will present a showcase of musical storytelling, speeches, and other forms of public address.

THE CRIES OF SAN FRANCISCO

Through July 2

Southern Exposure

3030 20th St., SF

(415) 893-1841

www.soex.org

 

Ten good bills for 2011

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The news in Sacramento is mostly bad — Jerry Brown still can’t find the Republicans he needs to pass a budget, although maybe the redistricting process will help him. But it’s not all bad. Some important bills passed their houses of origin in the past week, and with Democrats controlling both the Senate and the Assembly and a Democratic governor, there’s actually a chance they could become law.


At the top of my list is the measure by Darrel Steinberg that could allow counties and school districts to raise a wide range of taxes. It is, as Sen. Mark Leno notes, a “game changer.” And it only requires a simple majority of both houses. (I wonder: Could the San Francisco supervisors put a tax measure on the ballot in November on the assumption that the Steinberg bill will be in effect by then?) If the GOP won’t budge on the budget, the Dems need to at least give local government the chance to find the resources to keep essential services running.


Assemblymember Tom Ammiano got AB 9, also known as Seth’s Law, approved on the Assembly floor. The measure, named in memory of Seth Walsh, a 13-year-old gay student from Tehachipi who suffered years of harassment and abuse, gives school districts the tools (and the mandate) to address bullying.


The Assembly also approved Ammiano’s AB 889, the Domestic Workers Bill of Rights, which gives domestic workers the same basic labor-law protections as other California workers, and AB 1081, the TRUST Act, which would allow California counties to opt out of S-Comm, the awful federal law that seeks to force local cops to become ICE agents.


Over at the state Senate, Mark Leno won approval for 11 bills, including SB 914, which would mandate that police get a warrant before searching the data on a person’s cell phone. It’s crazy that SB 914 is even necessary, but the state Supreme Court has ruled that, while you need a warrant to search a personal computer, you don’t need one to search a cell phone. SB 790 makes it easier for local agencies to form Community Choice Aggregation systems. SB 819 would give the state more authority to take firearms away from people who have committed felonies or have been institutionalized for mental illness. (The NRA’s going to hate this bill — felons have the right to guns, too …) SB 233 — another one I really like — gives local government the right to impose vehicle license fees.


Sen. Leland Yee won overwhelming support for SB 8, which mandates that foundations affiliated with the University of California, Cal State or community college campuses abide by the same public records laws as the schools themselves. (The Sarah Palin speaking fees bill.) SB 364, which requires corporations that get tax breaks for job creation to prove they’ve actually created jobs. SB 9 — another one that ought to be a no-brainer — ends the practice of giving juvenile offenders sentences of life without parole.


Seems likely all of these will emerge from the remaining house — and then we’ll see whether Brown is willing to sign progressive legislation.


 

Pelosi says S-Comm is a waste of taxpayer dollars

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House Democratic leader Nancy Pelosi called the fed’s troubled “Secure Communities” program a waste of money, as members of Congress held a press conference in Los Angeles to call for a suspension of the program. Illinois, New York and Massachusetts have already announced their withdrawal from S-Comm, following numerous reports that the program has led to non-criminal immigrants and even victims of domestic violence being caught up in the fed’s deportation dragnet, resulting in a chilling effect on community-police relations. And then there are the accusations that the feds engaged in systematic lying and dishonesty when it came to the question of whether states and municipalities can opt-out of the program. So, today Gov. Jerry Brown is being asked to end California’s participation, too.

Or as Pablo Alvarado, director of the National Day Laborer Organizing Network, put it, “What started as an effort to uncover the truth about S-Comm has evolved into a consensus view that the program should be scrapped all together. S-Comm has come to symbolize the President’s broken promises on immigration reform. The fact is that it has not yet been frozen is now being viewed as a betrayal and places the urgent need to end the program on the desk of our local officials. Our local officials were misled into the program and now is the time to lead us out. The tide is turning on the dangerous and dishonest ‘Secure Communities’ program. ICE has gotten into the snake oil business. It sold S-Comm to the American public under false pretenses.  It makes communities less safe, it imperils civil rights, and it is poisoning political efforts to reform unjust immigration laws.  Today, Rep. Becerra and the other Congresspeople said very clearly that this program has no place in California or anywhere in our democracy. We must prevent the Arizonification of our community whether it comes in the form of SB 1070 or S-Comm. There is an urgent need for California to do better for its residents and to suspend S-Comm immediately.”

Terrible news from Rock Rapids, Iowa

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And so some terrible news went out yesterday and today  from Rock Rapids, Iowa.

I can’t remember such agitation and anguish  amongst the alumni of our little hometown in northwest Iowa.

The emails were hot and heavy and sad because the Sportsman’s Lounge, a landmark institution and the meeting place and local pub  for locals and alumni,  had burned down on Monday and the police were investigating possible arson. As Darryl Freed, class of 1953, ex backshop ace  at the Lyon County Reporter and helicopter pilot in Vietnam, put it in an email update: “This is a catastrophe of biblical proportions.”  It was particularly poignant because the alumni were coming back to town in a few days for Heritage Days, the town’s big annual celebration, and their favorite hangout would be a burned patch off of Main Street.

Here’s the story from Sioux Falls television  station KSFY:

http://www.ksfy.com/category/185294/video?clipId=5930074&autostart=true

Everyone went to the Sportsman’s Lounge, sooner or later.  I say sooner or later because some of the more proper young and older ladies  woiuldn’t set foot in the place, a bit  rowdy and lots of  drinking. Then their alumni friends came back to town and they had to go to the lounge if they wanted to see them.

Everyone had a favorite story about the lounge. My favorite involved Ted Fisch, class of 1952, scrappy center on the 195l football team, member in good standing of the fabled  Hermie Casjens gang. Ted  was back in town for  a class reunion and Heritage Days.   He ambled  up to the bar and asked for a glass of red wine.  The wine was promptly produced and Ted drank it down.  He then asked for another.  Sorry, the bartender said, we don’t have any more wine. So there was Ted Fisch, just in from Redondo Beach, Calif., unable to get more than one glass of wine at his hometown bar.

Next year, Ted showed up and asked for a glass of wine. This time, the lounge folk  were ready for him and they had a shelf  and backroom full of good California wines. Ted had two glasses. This was classic Rock Rapids humor and we told the story again and again through the years, always noting it happened in the bar at the Sportsman’s Lounge.

Losing the Sportsman’s Lounge is like losing an old friend you have known for years or that you played football or basketball with in high school.  This was the case with Doug Peterson, a retired naval officer  now living near Mount Shasta, California, when he got word that the lounge had burned to the ground.  He recalled that he was a halfback and Darrel (Tank) Wilken was the lineman who opened up holes for him back on late 1950s teams. Tank was the guy who founded the lounge, Doug said.   Tank went off to Alaska to work as a guide and rented out the lounge. Tank died when his  plane crashed on takeoff in Alaska. The lounge was sold and changed hands several times through the years.

Doug is bringing his fiancee, Kathryn Thornton, back to Rock Rapids for the first time for Heritage Days and his 50th class reunion. She told me in an email that she is “devastated” that the Sportsman’s Lounge will be gone. She said she’d heard all the stories for so long about the lounge from Doug and me (she was a longtime consultant to the Guardian). Now she feels cheated because she missed by a few days seeing what we were talklng about with such affection.

The good thing is that the lounge  never seemed to change. It always had a musty 1960s look and feel.  I swear that every time I came in through the years that the “Leave it to Beaver”  reruns were  playing on the television set above the  bar.This was a nice  local touch because the star of the show, Jerry Mathers, had been born in Rock Rapids in the late 1940s  when his father Norman Mathers coached high school  football and basketball, including my power house  junior high team.  The tv  scenes of the rambunctious Beaver could have been set in Rock Rapids and  Beaver could have fit in nicely with the  Hermie Casjens gang.   Local columnist Ken Barker has figured this all out and is leading the charge to bring Jerry Mathers back to town for Heritage Days next year.

My favorite  connection to the lounge  was Larry Raddle and basketball.    He and his wife Barb owned and managed the place for years (Larry at the bar and Barb doing fried chicken in the back,) Larry and I played basketball together through junior high and then on the famous high school  teams of l95l-53. We were the same size, 6 foot 4 inches. When  we came out of the locker room, with our band playing “On Rock Rapids,” and Larry would dunk the ball, we often had the game won before the opening whistle.   I couldn’t quite dunk the ball but I had a deadly left hand hook shot.

Whenever I was in town, I would show up at the lounge  for the special martini he would make for me. We would talk about our team and why we never made it to the state tournament.  I always made the same point,  Larry, you needed a jump shot. (Jump shots weren’t used in our day, alas.)

When I first asked if he could make me a good martini,  Larry said, how  about a Pete Appel special? Sure, I replied. I knew  Pete worked at the Rock Rapids State Bank down the street and so I figured I couldn’t go wrong.   The Pete Appel special turned out to be my first triple martini,  light on the vermouth.   Soon, I was staring at five triple martinis stacked up in front me at the bar.   I had became part of the lounge  tradition:  whenever a visiting  alumnus stood at the bar, drinking with gusto,  the locals would buy another of the same drink and send it quietly along the bar to the drinker. I was never quite sure who was buying me triple martinis, so I waved thanks and tried to get them to stop. 

Larry knew the town and he knew his customers.  In the summer, he would have the farmers bring in their sweet corn and pile the ears up on a table near the door.   On Christmas Eve, he would close the lounge at 6 p.m. sharp and kick everybody out.  “I couldn’t stand the wives calling up on Christmas Eve and asking for their husbands to come home,”  he told me. Larry’s customers always got home in time for Christmas Eve.

The Sportsman’s Lounge, RIP.

I hope Editor  Jodie Hoogeveen of  the Lyon County Reporter, the excellent small town weekly  just around the block from the lounge, will figure out how to do a proper obituary. Or maybe it’s a story for the lively newsletter of the Lyon County Historical Society.  I hope the obit will give us the ownership and historical lineage of the lounge and tell us about the life and good  times of this indispensable institution that may be gone for good.  My line is the same as always: You don’t have to go to England to enjoy a good neighborhood pub.  You can  go to the Sportsman’s Lounge in Rock Rapids, Iowa.  b3

Tipping point

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sarah@sfbg.com

On June 14, members of the Board of Supervisors will vote to appoint a new member of the Police Commission — in the wake of a messy string of alleged police misconduct scandals that, progressives argue, underscore why having strong civilian oversight is critical to ensuring a transparent, accountable police department the public can trust.

The appointment comes less than two months after San Francisco native Greg Suhr was sworn in as chief in the wake of Mayor Gavin Newsom’s decision to appoint former Chief George Gascón as the next district attorney — a move that has served to muddy the D.A. Office’s efforts to investigate the alleged police misconduct.

Further complicating the board’s choice is the heated battle that erupted over the appointment, led in part by members of two Democratic clubs that represent lesbian, gay, bisexual, and transgender communities.

The Alice B. Toklas LGBT Democratic Club has officially endorsed Julius Turman, a gay attorney and community activist who was a former assistant U.S. attorney and the first African American president of the Alice club. Turman currently works for Morgan, Lewis & Bockius, where he represents companies in actions for wrongful termination, employment discrimination, and unfair competition. He is also state Sen. Mark Leno’s (D-SF) proxy to the San Francisco Democratic County Central Committee and serves on the Human Rights Commission.

On the other side, members of the Harvey Milk LGBT Democratic Club, the voice of the city’s queer left, are supporting David Waggoner, an attorney and community activist who is a former Milk Club president. Waggoner has worked on police use-of-force policy and as a pro bono attorney for the National Lawyers Guild at the Oakland Citizen’s Police Review Board, and been a passionate advocate for the LGBT community, immigrants’ rights, people with disabilities, and the homeless.

The other two applicants for the post are Vanessa Jackson, a staffer at a women’s shelter with experience in counseling ex-offenders; and Phillip Hogan, a former police officer who serves on the board of the Nob Hill Association and has been trying to get on a commission for years.

Although both Jackson and Hogan have diverse experience with law enforcement — Jackson as an African American woman who claims the police have “no respect for people of color” and Hogan as a former police officer of Lebanese-Irish descent who manages real estate — neither has the support of the LGBT community. The position occupied by Deputy District Attorney James Hammer for the last two years, and Human Rights Commission director Theresa Sparks occupied before that, is widely considered to be an LGBT seat.

 

WHO’S THE REFORMER?

So now the fight is about whether Turman or Waggoner would be the strongest reformer.

In a recent open letter, former Board Presidents Harry Britt, Aaron Peskin. and Matt Gonzalez expressed support for Waggoner. “While most hardworking police officers perform their jobs admirably, insufficient oversight and poor management systems have led to significant problems,” their letter stated. “Despite these widely reported problems, the Police Commission has failed to adequately address these issues. San Francisco needs real reform, not more of the same. We believe David Waggoner will be that voice at this critical time.”

At the June 2 Rules Committee hearing, Waggoner proposed taking away master keys to single-resident occupancy (SRO) hotels from the police. “Significant abuse of that resulted in seriously tarnishing the department,” he said.

Turman made an equally impassioned — if less stridently reformist-sounding — speech. “Why would we allow an officer to enter a home, regardless of the master key rule, which I’m not a fan of?” Turman asked. He also said Tasers are dangerous weapons with unintended consequences. “I fear communities of color will suffer more from Taser use.”

Waggoner’s supporters noted that their candidate has more than 15 years of police accountability experience. Turman’s supporters vouched for his integrity, maturity, ability to build consensus, and “belief in strategically serving his community.”

In the end, Sups. Sean Elsbernd and Mark Farrell voted for Turman, while Rules Committee Chair Sup. Jane Kim voted for Waggoner.

That means Turman’s name has been forwarded to the full board with a recommendation. But because the Rules Committee interviewed all the candidates, the board can still appoint any of them.

At the Rules Committee, Sup. Scott Wiener voiced support for Turman. And Board President David Chiu recently told the Guardian that he has known Turman for years, has worked with him professionally, and will vote for him. “I found him to be fair, thoughtful, and compassionate,” Chiu said, noting that he believes the role of the commission is “to provide oversight and set policy.”

Sup. David Campos, one of the solid progressive votes on the board and a longtime Milk Club member, believes Waggoner would make an excellent commissioner but is a friend of Turman, and believes he’ll be a strong voice for reform. “Sean [Elsbernd] and Mark [Farrell] could be in for a big surprise if Julius gets appointed,” Campos mused shortly after Elsbernd and Farrell voted for Turman.

Campos recalled how he and Turman started working at the same firm years ago. “So I got to know him well,” he said, adding he is “like a family member.

“By virtue of his involvement with Alice, some folks think Julius will be a certain way,” Campos added. “But I believe he’ll take a progressive point of view on the issues. He has both the knowledge and the experience with the police, he understand the important role that police oversight and the Police Commission play in making the SFPD accountable.”

Kim told us that she primarily voted for Waggoner because she knows him the best, and not out of concern that Turman wouldn’t do a good job. “I’m more familiar with David and that’s what tipped the scale,” Kim said. “It’s great to have two strong LGBT attorneys who have a clear understanding of public safety issues, the law, and are advocates for the community.”

But Debra Walker, who ran against Kim last November, steadfastly supports Waggoner. “Julius has been active in the Alice B. Toklas club for a while, he’s a prosecutor, while David is more of a citizen’s defense attorney,” she said.

Turman continues to be dogged by reports of domestic violence, thanks to a lawsuit that Turman’s former domestic partner Philip Horne filed in March 2006 alleging that Turman came into his house when he was sleeping on New Year’s Day 2006 and tried to strangle him.

Horne claimed he “was terrified that the lack of air supply would cause him to pass out and potentially die at the hands of such a jealous and unmerciful former lover.” He alleged he was able to calm Turman down only to see him get enraged again and punch Horne in the face seven to 10 times. When Horne decided he needed to go to the emergency room, the complaint states, Turman grabbed his phone and keys saying, “If you leave, you’ll never see the cats (alive) again,” and “I will report you to the state bar.”

Horne claimed he ran outside screaming for help and that when SFPD arrived, they arrested Turman for domestic violence and called an ambulance for Horne.

Turman responded in July 2006 to what he described as Horne’s “unverified complaint,” arguing he acted in “self-defense” and that the conduct Horne complained of “constituted mutual combat.” He added that “damages, if any, suffered by Horne were caused in whole or in part by entities or persons other than Turman.”

In the end, no criminal charges were ever filed against Turman and the case was settled out of court. Turman now says “I’ve done nothing wrong and these allegations are false.”

Campos warns people not to jump to conclusions. “We need to remember that there is a presumption of innocence,” Campos said. “Yes, there was a court case, but there was never a conviction. Yes, there was a settlement, but people do that for a lot of reasons.”

Turman told the Rules Committee that the incident was from “an extremely difficult time that is now being used against me as a political sideshow.”

Meanwhile, Campos notes that without a reform-minded mayor, there will be only so much any board-appointed police commissioners can do. “What we really need to implement police reform is a mayor who is willing to do that,” he said. “Otherwise it’s going to be very difficult because the mayor still gets to appoint four commissioners and mayor still gets to control who is in charge of the police department.”

 

WHAT DIRECTION?

Civil liberties advocates praised as a “first step in the right direction” Suhr’s May 18 decision to issue an order clarifying that SFPD officers assigned to the FBI’s joint terrorism taskforce should adhere to SFPD policies and procedures set by the Police Commission, not FBI guidelines.

But in the coming months, the commission will have to decide whether to push a Portland-style resolution around SFPD involvement with the FBI. The commission also will be dealing with fallout from the other scandals, including the crime lab, the use of force against mentally ill suspects, and videos that allegedly show police conducting warrantless search and seizure raids in single residential occupancy hotels.

These scandals have progressives arguing that it’s critical that the board’s three seats on the commission are occupied by applicants with proven track records of reform.

Waggoner notes that in 2003, voters approved Prop. H., which changed the composition of the commission from five to seven members. Four are appointed by the mayor; three by the board.

Last year, he said, the commission made significant progress in the right direction when it adopted new rules after the Jan. 2 shooting of a man in a wheelchair in SoMa. “That was not the first time an unarmed person with a disability was killed,” he said. “After Prop. H and a crisis, the commission finally took steps. It remains to be seen if Chief Suhr will implement that.”

Waggonner said the current arrangement “creates tension between people who are more willing to defer to the chief on policy issues and being in an advisory capacity, as opposed to people who want to be in the forefront of setting policy.”

That tension played out when Commissioners James Hammer, Angela Chan, and Petra DeJesus tried to find consensus on the Taser controversy last year. “Overall they worked well together. But there’s been no progress yet on Tasers,” he said, noting that the commission eventually decided on a pilot project.

Waggoner said he would be in favor of the commission having a more active role and exerting its authority under the city charter to set policy, but in collaboration with the chief.

The Police Commission’s May 18 joint hearing with the Human Rights Commission about FBI spying concerns was a symbol of the broader issue at the Police Commission. The majority of the commission didn’t see any major problems — but the progressives were highly critical. “Is the commission there to set policy and take leadership, or is it there in an advisory capacity?” Waggoner asked.

With Hammer’s departure, Chan and DeJesus, both board-appointed women of color, are the most progressive members of the commission. Chan hopes Hammer’s replacement believes in strong civilian oversight. “We should never be a rubber stamp for the police department,” he said. “We need to take community concerns very seriously. When the police department is doing great things, we should support them — but if we see something wrong, we should not be afraid to speak out.”

Turman told the Guardian that “being the voice for reform and advising are not mutually exclusive roles — and an effective police commissioner needs to be both.

“I would advocate for series of meetings with representatives from the Arab community, the SFPD, and the FBI to increase communication and understanding of each side’s perspective on exactly what we need to implement in San Francisco,” Turman said.

Asked more about Tasers, Turman said that “one of the things I would be interested in pursuing is a recognition by some that female officers are less likely to incapacitate during an arrest, which could lead to learning for the larger police force.”

But does this means Turman will turn out to be a swing vote for Tasers? Only time — and the board’s June 14 vote — will tell.

Behind the all-smiles budget

2

news@sfbg.com

When Mayor Ed Lee released his 2011-12 budget proposal June 1, all was sweetness and light at City Hall.

The mayor delivered the document in person, to the supervisors, in the board chambers. Sup. Carmen Chu, chair of the Budget Committee, was standing to the mayor’s right. Board President David Chiu was to his left. There was none of the imperious attitude we’d come to expect in the Gavin Newsom era — and little of the typical hostility from the board.

As Sup. David Campos, who was elected in November 2008, remarked afterward: “It’s the first time since I’ve been elected that the mayor has taken the time to come to chambers. It’s reflective of how this has been a lot more of an inclusionary process.”

Lee went even further. “This is a pretty happy time,” he said. “There are no layoffs, and instead of closing libraries we’ll be opening them.” That earned him an ovation from assembled city leaders, including mayoral candidates City Attorney Dennis Herrera and Assessor-Recorder Phil Ting along with District Attorney George Gascón. “I think this budget represents a lot of hope.”

It’s true that this year’s cuts won’t be as bad as the cuts over the past five years. It’s also true that the pain is spread a bit more — the police and fire departments, which Newsom, always the ambitious politician, wouldn’t touch, are taking their share of cuts.

But before everybody stands up and holds hands and sings “Kumbaya,” there’s some important perspective that’s missing here.

Over the past half-decade, San Francisco has cut roughly $1 billion out of General Fund spending. The Department of Public Health has eliminated three- quarters of the acute mental health beds. Six homeless resource centers have closed. The waiting list for a homeless family seeking shelter is between six and nine months. Muni service has been reduced and fares have been raised. Recreation centers have been closed. Library hours have been reduced.

In other words, services for the poor and middle class have been slashed below acceptable levels, year after year — and Mayor Lee’s budget doesn’t even begin to restore any of those cuts.

“We’re not ready yet to restore old cuts,” Lee told the Guardian in a June 2 interview. “It was enough for us to accomplish a pretty steady course and keep as much. Particularly with the critical nonprofits that provide services to seniors and youth and homeless shelters, we kept them as close as we could to what last year’s funding was.”

But the current level of funding is woefully inadequate. As Debbi Lerman, administrator of the Human Services Network, noted, the people who work in the nonprofits Lee was talking about haven’t had a pay raise in four years — even though the cost of living continues to rise. “Our costs have gone up with cost of inflation,” she noted.

She said the cuts over the past few years have deeply eroded services for children, homeless people, substance abuse programs, and others. “There have been significant cuts to every area of health and human services.”

And in a city with 14 billionaires and thousands more very wealthy people, Lee’s budget is distinctly lacking in significant new ways to find revenue.

 

THE GOOD NEWS

Just about everyone agrees that the budget process this year has been far better than anything anyone experienced under Newsom. “He [Mayor Lee] listened to everybody,” Lerman said. “That doesn’t mean they fixed everything. Mayor Lee fixed as much as he could.”

At his press conference announcing the release of the budget, Lee thanked Police Chief Greg Suhr for having already made significant cuts through management restructuring and for considering an additional proposed cut of $20 million.

“We want to thank you for that great sacrifice,” Lee said, addressing Suhr, who sat in front row of public benches, dressed in uniform. Lee next acknowledged that adequate funding for social services also helps public safety. “Without those services, officers on the street would have a harder job,” he said.

Lee also praised the departments of Public Health and Human Services for helping to identify $39 million in federal dollars and $16 million in state dollars, to help keep services open and the city safer.

Lee noted that San Francisco no longer has a one-year budget process and has just released its first five-year financial plan as part of its decision to go in five-year planning cycles.

“To address this, I’ve asked for shared sacrifice, ” Lee continued, adding that he recently released his long-awaited pension reform charter amendment, emphasizing that it was built through a consensus and collaborative-based approach.

Lee also said he would consider asking voters to approve what he called “a recovery sales tax” in November if Gov. Jerry Brown is unable to extend the state’s sales tax. That would bring in $60 million — but it is only on the table as a way to backfill further state budget cuts.

Lee observed that San Francisco is growing, the economy is looking brighter, and unemployment is down from more than 10 percent last January to 8.5 percent today. He plugged the America’s Cup, the city’s local hire legislation, the Department of Public Works’ apprenticeship programs, and tourism, both in terms of earmarking funding in the budget for these programs and their potential to boost city revenues.

He said his budget proposed $308 million in infrastructure investments that include enhanced disability access, rebuilding jails, and energy efficiency, and is proposing a $248 million General Obligation bond for the November ballot to reduce the street repair backlog.

“We will get these streets repaired,” he promised.

“This submission of a budget is not an end at all, it’s the beginning of the process,” he continued, going on to recognize Chu for her work getting the process rolling and thanking Budget Analyst Harvey Rose in advance. “I do know his cooperation is critical.”

And he concluded by thanking each of the supervisors. “I will continue enjoying working with you — we need to keep the city family tight and together.”

The sentiment was welcomed by supervisors. “As he said, this is the beginning of the process, and it’s an important and symbolic step” Campos said. “The budget shows that a lot of good programs have been saved. But there is still work to do.

“There are still gaps in the safety network,” he added, singling out cuts to violence-prevention programs. “It’s my hope they will be restored.”

 

THE BAD NEWS

But even if the cuts for this year are restored, the city budget is nowhere near where it ought to be. “We still had to make cuts,” Lee acknowledged.

“We did consider very seriously a whole host of revenue ideas that we had,” he said. “They were not off the agenda at all.” At the same time, he noted that state law requires a two-thirds vote for new taxes (although that threshold drops to 50 percent in presidential election years). “We decided that it’s not that they were bad ideas, but that we wouldn’t be able to sell them at this time.”

Lee praised some of the revenue ideas that have been suggested in the past year, including the alcoholic beverage fee proposal by Sup. John Avalos, which Lee called “a pretty good idea.” He said that “a year or two from now” an additional sales tax and a parcel tax (for the police or for schools and open space) might be on the agenda.

The city now has a multiyear budget process and projections are supposed to go beyond a single year. But what’s missing — and what nobody is talking about — is a long-term plan to restore critical city services to a sustainable level. That means talking — now — about tax proposals for 2012 and beyond and including those revenue streams in long-term budget planning.

Because the city parks, the public health system, the libraries, the schools, affordable housing programs, and the social safety net are in terrible condition today, the result of year after year of all-cuts budgets. And while the supervisors and the mayor wrangle over the final details, and advocates try to win back a few dollars here and a few dollars there, it’s important to recognize that this budget does nothing to fix the damage.

“We’re about $10 million short of what we need right now to keep service providers at current levels,” noted Jennifer Freidenbach, who runs the Coalition on Homelessness. “But we also need to restore the health and human services system that was slaughtered under Gavin Newsom.”

OPINION: The “people’s seat” on the Police Commission

68

Editor’s note: School Board member Kim-Shree Maufas submitted this opinion piece on the upcoming Police Commission appointment.


On Friday, October 11, 2002, what began as an early morning school fight turned into a uniformed police officer-driven melee against students and teachers at Thurgoom Marshall High School. A total of 126 cops (some in SWAT/Riot gear) and sheriff’s deputites (tactical training was nearby) with firefighter and helicopter air support occupied the campus into the late afternoon.


That was so awful — but the real crime and shame for San Francisco was the subsequent behavior of the then Police Commission, which ignored hundreds of requests (delivered in writing and in person at commission meetings) for accountability, transparency, and reform to address ongoing police misconduct and bad practices so that San Francisco and its youth could actually feel safe and secure – not just from the criminals but from the city’s police force. 


I recall that one woman, who lived in Pacific Heights, asking the commission to “deal with what happened at that high school across town because we all want to know what happened.” 


After attending Police Commission meeting after Police Commission meeting with staff from the Ella Baker Center, Coleman Advocates for Youth and their Families and the ACLU of Northern California, the only response that I ever heard from that commission about the incident was: “We handle things in our own time.” 


These painful memories had me in tears as I walked home after attending the recent Board of Supervisor’s Rules Committee meeting on June 2, 2011, where I watched the recommendation for the board’s appointment to the commission go forward.


Back in October 2002, I was the Parent Teacher Student Association president at Marshall, my daughter was a student, and I suddenly thrust forward to a public podium over and over again to demand justice for our families … goodbye fundraising and bake sales.


My social justice journey to the Board of Education is closely tied to the 2003 Proposition H, the police reform measure that gave people a voice for reform and accountability by expanding the  Police Commission from five to seven, three to be selected by the Board of Supervisors and four by the mayor.  San Franciscans slapped the old Police Commission squarely in the face, screaming that the people MUST have a VOICE.


Because of what my family and countless others have been through and died for, I will forever consider the seats appoinnted by the board as “the People’s Seats for the People’s Voice,” meaning that those seats are for people who openly fight on behalf of disenfranchised community members, for people who stand as unashamed/outspoken advocates for common sense police policies and practices — and as seats for those who don’t get mayoral appointments because they’re a part of the in crowd.


On June 14, 2011, the entire Board of Supervisors will vote for the Police Commission appointment — and it doesn’t have to be the recommendation from the Rules Committee. The supervisors can take a different position – they can stand with the people on this one.


With all due serious respect to the other applicants, this opening on the Police Commission belongs to David Waggoner, who represents that “People’s Voice for the People’s Seat” — and I believe all those voters who reformed the commission in 2003 would say so too.


 

Waggoner for Police Commission

6

By Harry Britt, Matt Gonzalez, and Aaron Peskin

OPINION Given the escalating scandals in the San Francisco Police Department, the time is ripe to appoint a police commissioner who understands the recurring problems and the need for reform.

The supervisors have the opportunity to appoint such a commissioner: David Waggoner. Waggoner’s extensive background in policy reform, community policing, and criminal justice issues will be a valuable asset to the commission.

Waggoner has worked as a pro bono attorney before the Oakland Civilian Police Review Board and has earned the respect and admiration of people from highly diverse political and social backgrounds. His integrity and sense of justice and fairness inspire trust and confidence — and frankly, we could use a lot more of that in this city.

Credibility with historically marginalized communities — including people of color, new immigrants, the homeless, people with disabilities and the LGBT community — is essential in developing the kind of mutual respect that makes the department’s work effective or even possible. David Waggoner has that credibility.

In 2003, in response to years of strained relations between the SFPD and the community, the voters approved Proposition H. Prop. H gave the Police Commission more authority to adjudicate cases of officer misconduct and changed the makeup of the commission by giving the board three appointments to balance the mayor’s four.

Despite these significant steps toward reform, eight years later we have a Police Department that is under investigation by the Justice Department and the FBI and struggling to overcome serious credibility and morale problems.

Case in point: in the last year alone, the department’s credibility was undermined by a major crime lab scandal, the disclosure of Fourth Amendment violations in SRO hotels, use of excessive force on the mentally ill, and widespread withholding of evidence of officer misconduct from attorneys. These scandals resulted in the dismissal of hundreds of cases.

A number of outstanding policy issues remain in need of serious attention. In 2005, the Civil Grand Jury published a report on compensation in the Police Department, finding that officers receive greater salary increases than other city employees while San Francisco is in a state of fiscal stress. In 2007, the grand jury recommended filling significant numbers of desk jobs with civilians. When the department finally rolled out a pilot program this year, it called for only 15 civilians.

The San Francisco Police Department needs to improve its training of officers, including fostering a respect for the civil liberties that San Franciscans cherish. This should be basic to all police work. However, last year San Francisco paid $11.5 million in lawsuits because of police misconduct.

San Francisco needs police commissioners who understand the challenges of police work but who also are willing to explore the nature of endemic problems that have led to embarrassing scandals. We need commissioners who have a broader understanding of criminal justice policy and how it can be changed to promote public safety.

We join with the San Francisco La Raza Lawyers Association, Community United Against Violence, the Harvey Milk LGBT Democratic Club, and a host of other elected officials, community activists, attorneys, and local leaders in wholeheartedly supporting the appointment of David Waggoner to the San Francisco Police Commission. It’s about time. 

 

Harry Britt is a former president of the Board of Supervisors and the author of the landmark 1982 legislation that created the Office of Citizen Complaints. Matt Gonzalez is chief attorney in the Public Defender’s Office, a former president of the Board of Supervisors, and a co-sponsor of Prop. H. Aaron Peskin is chair of the San Francisco Democratic Party, a former president of the Board of Supervisors, and a co-sponsor of Prop H.

 

Don’t undo ballot measures

0

EDITORIAL The California initiative process is broken. The state’s too big, and it costs too much to gather signatures and mount a media campaign for or against a ballot measure.

But in San Francisco, the initiative process has traditionally been, and for the most part continues to be, a check on corrupt or ineffective political leaders and a chance for progressive reforms that can’t make it through City Hall. That’s why Sup. Scott Wiener’s proposal to allow the supervisors to amend (or, in theory, abolish) laws passed by the voters is a bad idea.

Since 1968, the San Francisco voters have approved 96 ordinances; that’s an average of about two a year. Obviously the pace has picked up since the 1970s. In 2008, there were eight measures approved; in 2010 there were four. The length and complexity of the ballot makes it appear that the supervisors aren’t doing their work, Wiener says. He notes that when he was campaigning, one of the most common complaints was that the voters were being asked to decide too many things that should have been handled at City Hall.

Some of that is the result of an unwieldy City Charter. Benefits for police and firefighters, for example, are specified in the charter, and any change needs voter approval. Wiener’s measure, aimed only at initiatives and not charter amendments, wouldn’t change that situation.

But some of it relates to the political alignments in San Francisco. For much of the past decade, the supervisors and the mayor were at odds over major issues. The mayor couldn’t get his (bad) proposals, like a ban on sitting on the sidewalks, through the board, and the progressives couldn’t get their proposals past a mayoral veto. So both sides went directly to the voters.

That’s a lot better than the paralysis we’re seeing in Sacramento. At least the issues are getting decided.

And over the years, some of the most important legislation in San Francisco — growth controls, tenant protections, protections for children’s programs, the city’s landmark open-government law — has come through ballot initiatives. The only way public power advocates have been able to get the issue on the agenda has been through ballot initiatives.

Those were issues that generations of supervisors and mayors wouldn’t take on — the developers and landlords and secrecy lobbyists and Pacific Gas and Electric Co. had too much power at City Hall. And those protections for the public, the environment, and the most vulnerable residents only survive today because they’re set in law and can’t easily be changed.

If Wiener’s measure has been in effect a decade ago, for example, Proposition M — the 1986 law that set neighborhood planning priorities and limits on office development, would have been summarily scrapped by Mayor Willie Brown and a pro-developer board. Key rent-control laws would have been repealed or amended to death. The ban on buildings that cast shadows on parks would be gone. Killing the Sunshine Ordinance would have been Brown’s first act.

Today’s district-elected board is far more accountable to the voters — but there’s hardly a reliable progressive majority. And the point of ballot initiatives is that you can’t predict who will control City Hall next year, or in 10 years.

We don’t think the initiative process in San Francisco is out of control. Sure, big money wins the day too often — but on balance, it’s a check that the Board of Supervisors should leave alone.

Vote your vote away

The article has been changed from the print version to correct an error.

In a surprising move that is causing a strong backlash from progressives and other groups that have won important reforms at the ballot box, Sup. Scott Wiener is pushing a charter amendment that would allow the Board of Supervisors to change or repeal voter-approved ballot measures years after they become law.

If voters approve Wiener’s charter amendment, among the most vulnerable reforms may be tenant protections such as limitations on rent increases, relocation assistance for no-fault tenant removal, and owner move-in eviction limits, to name a few.

The Rules Committee heard concerned testimony about the proposal May 19 and opted to hold off on voting to send it to the full board for approval until the next meeting on June 2 to allow for more public comment.

If approved, the amendment will be on the November ballot, although the public may be confused about why such an amendment would be on the ballot in the first place. The measure covers ordinances and resolutions that were placed on the ballot by supervisors, and Wiener has said he plans to amend the measure to exempt those placed on the ballot by voter petition. Changes to taxes or bonds are not a part of the amendment because those are required by state law to go to the ballot box.

Paradoxically, Wiener’s reasoning for the proposal is that he believes voters are bogged down with too many ballot measures with complex issues that need changes, measures he claims the board could deal with more efficiently. But critics say it makes progressive reforms vulnerable to attack by a board that is heavily influenced by big-money interests.

At the committee meeting, about a dozen people spoke in opposition to the amendment, saying it seemed broad in scope and would be a more appropriate change at the state level.

Matthias Mormino, a legislative aide to Sup. Jane Kim, who chairs the Rules Committee, said that his boss is still on the fence. “She has concerns and hasn’t made up her mind yet.”

Currently California is one of the last states where a voter-approved initiative cannot be subject to veto, amendment, or repeal, except by the voters.

“It’s not a radical thing,” Wiener told the Guardian about the proposed amendment. “My thinking is that we should do our jobs. We elect public officials to make decisions every week. I wanted to strike a balance where the voters still have a strong say.”

But how strong of a say will the voting public have in cases where voter-approved initiatives are changed by the decisions of a board of politicians with their own influences and bias?

Wiener stated that he had no specific initiatives in mind when he decided to propose the amendment nor was he targeting any kind of legislation, except ones that are “outdated.” Wiener cited an example of updating campaign consultant reporting from quarterly to monthly as a change that needed to happen but could seemingly be a nuisance at the ballot box.

He is proposing a tiered system in which, for the first three years, an initiative is untouchable. In four years, a two-thirds majority vote by the board could make changes to initiatives; after seven years, a simple majority could do so. That means a raft of tenant measures approved in the 1990s could come under immediate attack.

“Does he not like our sick-leave policy?” Sup. John Avalos told us. “It’s so vague and unclear on what he is trying to do. I’m afraid that he is trying to change laws that are popular with the voters. It’s not a democratic way to resolve policy issues.”

Calvin Welch, a longtime progressive and housing activist, has his own theory on Wiener’s proposal. “Voters don’t have a big problem discerning which ones they agree with and which ones they don’t,” he said about voter-approved initiatives.

He did the number-crunching and concluded that of the 983 policy ordinances on the books, 207 (21 percent) were policy initiatives. Of those, 102 (about 10 percent) were approved by the voters.

“Not quite overwhelming the ballot,” Welch said. “The argument that what is promoting this — the inundation of the initiatives — is not borne of the facts.”

Welch believes Wiener is targeting certain landlord and tenant issues that date back to 1978, when San Francisco voters first started adopting rent control measures. “That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said.

Wiener denies this is an attack on tenants, and claims he doesn’t have a specific agenda in mind. “This is long-term reform, not immediate gratification reform. To take the big, big step, we would have to change state law. This is just a modest first step.”

Welch also took issue with the idea of “election proportionality,” calling the measure an undemocratic power grab since many initiatives in San Francisco’s history were approved with more than 200,000 votes.

“Mayors don’t get 200,000 votes — these measures do,” Welch said. “That a body can overrule thousands of voters undermines the election process of San Francisco. Why not limit government actors instead of the people? It’s about what Sup. Wiener wants to change.”

Budget set-asides have long been a target for legislators, explained Chelsea Boilard, a budget analyst with Coleman Advocates for Children and Youth. Historically in San Francisco, moderate politicians have mostly honed in on social service programs, not those with a lot of clout and political backing, like police and fire budgets. Although the Children’s Fund, which was set up by a charter amendment, would be exempt, other social program priorities set by voters could be eroded.

“The reality is that the police and fire departments don’t have to go to City Hall every year to defend their budgets, but health and human services do,” Boilard said.

While many on the left would love for the California Legislature to have the authority to make changes in the property-tax-limiting Proposition 13 — like by removing commercial property from being taxed at artificially low levels — activists see real danger in Wiener’s measure.

“I think this is bad policy. I know folks are frustrated with Prop. 13, for example, and wish it was easier to amend or repeal. But the way he’s going about this is odd to me,” political activist Karen Babbitt told us. “For one thing, it appears to apply to retroactively to existing ordinances and policy declarations.”

Babbitt also cites legal research indicating that Wiener’s proposal might contradict state law and be subject to legal challenge if it passes. Plus, that challenge could come from any direction since it would allow liberal and conservative reforms to be challenged by the board.

One proposition that would fall under Wiener’s amendment is Proposition L, the sit-lie ordinance approved last year that prohibits sitting or lying on public sidewalks between 7 am and 11 p.m. After a divisive campaign against the measure, police began enforcing it in April. In three years and with enough votes by the board, the board could repeal a law that Wiener supports.

“It’s really interesting,” said Bob-Offer Westort, a civil rights organizer with the San Francisco Coalition of Homelessness. “I have a lot of questions. I guess it cuts both ways. We’d like to see the aggressive panhandling law changed. We’d like to see the sit-lie repealed. There are definitely things, with the right composition of the board, we would benefit from. And there are things that we would not want to see changed.”

Either way, the measure could result in some divisive fights at the board. “One person presenting this as a way to get it done is not the answer,” Avalos said. “I worry that he will use the amendment to dismantle certain voter-approved laws.”

Awaiting consensus

5

news@sfbg.com

Mayor Ed Lee’s pension reform proposal was unveiled May 24 with support from some of those who helped develop it, including investment banker Warren Hellman, Rebecca Rhine from the Municipal Executives Association, San Francisco Chamber of Commerce head Steve Falk, and San Francisco Labor Council Executive Director Tim Paulson.

The plan would dramatically alter the way the city manages employee retirement benefits, starting July 2012, while exempting employees who earn less than $50,000. Lee described it as “serious,” “comprehensive,” and a plan that “reflects consensus.”

Already the legislation to place it on the fall ballot has secured the cosponsorship of Board President David Chiu and Sup. John Avalos, rival candidates for mayor. Other mayoral candidates also offered their support, including former Sup. Bevan Dufty and City Attorney Dennis Herrera.

But there is one notable exception to the support for this plan, a party that has been at the negotiating table where it was crafted: Service Employees International Union Local 1021, which represents about half of the city’s 26,000 employees. The union claims the plan disproportionately affects 500 SEIU members, who are mostly women and people of color and already took large pay cuts last year to avoid layoffs.

Avalos, who described Lee’s proposal as “a sensible approach” and “the right way to go,” has said that if SEIU’s concerns aren’t adequately addressed, he’ll withdraw his sponsorship.

“I’d like to get to a consensus, but if we don’t and 10,000 union workers don’t sign on, I’m going to take my name off as a sponsor,” Avalos said. “We have to find ways to pay for pension benefits without decimating jobs and social services.”

Lee’s measure also didn’t win over Public Defender Jeff Adachi, who claims the proposal won’t make deep enough or fast enough cost savings in the next few years, so he will continue gathering signatures to place a rival measure on the ballot.

So rather than the consensus product Lee hoped the whole city family would be able to convince voters to support, it’s looking like pension reform could again be a divisive issue and one that spills over into this year’s mayor’s race.

Chiu thanked “our brothers and sisters from the labor community” when Lee announced his pension measure, noting that “each city worker that makes more than $50,000 would have to give thousands every year.” He supports the pension deal and hopes SEIU will eventually back it. Avalos and Sen. Leland Yee, another mayoral candidate, seem to be waiting for SEIU to sign on before offering their full support.

Mayoral spokesperson Christine Falvey told us that Lee views SEIU’s concerns as separate from the pension reform proposal. “He appreciates SEIU’s input in the pension reform talks and has committed to sitting down with them and trying to resolve this issue.”

Then there’s Adachi, who helped qualify Measure B, a 2010 pension reform proposal that united labor and city leaders in opposition. He continues to gather signatures to qualify a competing pension measure, needing about 50,000 signatures by early July unless Lee amends his plan to secure greater cost savings in less time.

“My focus is on this issue,” Adachi said, praising Lee’s efforts at achieving consensus. “But is this going to solve this problem so we don’t have to come back within two to three years? It comes down to a math problem.”

Adachi says Lee’s plan doesn’t adequately address the city’s need to save money now.

“The stress period is really in the next four years, so my hope is that the mayor’s proposal could be strengthened,” Adachi said, noting that his proposal yields $90 to $144 million in annual savings, compared to $60 to $90 million annually under Lee’s plan.

“SEIU is right that Mayor Lee’s proposal is inequitable,” Adachi added, noting that Measure B was criticized for being unfair to lower-income workers. “That’s why my new proposal increases pension contribution rates in $10,000 graduations. But under Lee’s plan, a person who earns $100,000 contributes the same rate as someone who makes $50,000.”

He criticized Lee’s plan for requesting only modest increases from safety workers. “Police and fire cost two to three times as much as everyone else’s retirement. They pay 17 percent of what’s in the fund and take out 36 percent. So that means SEIU folks are subsidizing the costs of safety workers’ retirement.”

Adachi acknowledged it would be better to have one measure everyone can support. “But I don’t agree that we should put ineffective reform on the ballot,” he said.

Adachi took a lead role on the issue in 2010 when he qualified Measure B mostly with backing from a few wealthy sponsors, including venture capitalist Michael Moritz, a financial supporter of Republican Ohio Gov. John Kasich and the Ohio Republican Party. Adachi took lots of political heat for the move, but he shrugs off the criticisms.

“It comes down to making sure people understand the issue,” he said. “A year ago, no one was acknowledging that it was a problem, but now everyone does. I’m hoping the board strengthens the proposal. It’s going to take supervisors really looking at this to see if works, not just jumping on the bandwagon.”

According to the Department of Human Resources, Lee’s plan would yield an estimated savings of $800 million to $1 billion over 10 years, with the bulk coming from increased employee retirement fund contributions of up to 6 percent for future and current employees. The proposal raises the retirement age from 62 to 65 for most city workers and from 55 to 58 for public safety workers. It also imposes caps on pensions for new employees.

Lee’s proposal must now make its way through the Rules Committee and win the approval of the full board by July 12, the deadline for supervisors to submit charter amendments. According to the Department of Human Resources, 89 percent of San Francisco’s 26,000 city workers earn more than $50,000. That means only 3,000 city workers fall below the $50,000 cut-off that exempt them from paying extra, under Lee’s plan.

But Larry Bradshaw, a bargaining unit member of SEIU 1021, said that members who make slightly more than that threshold will face pay cuts under the plan, on top of the pay cuts they took last year to avoid being laid off by Mayor Gavin Newsom.

For certified nursing assistants, the shift would amount to a roughly $12,000 annual pay cut, Bradshaw said. Security guards would face an estimated $5,000 per year cut, and clerical workers could face anywhere from $1,000 to $11,000 per year.

These workers faced getting fired and rehired at lower-paid classifications to make up for a revenue shortfall, but the union reached an agreement to stave off the worst pay cuts for those “de-skilled” employees by imposing a one percent across-the-board cut for all members in order to restore the salary cuts.

As SEIU workers take the pay cut to fund pensions, he said union members won’t be able to continue subsidizing the salaries of these deskilled workers.

“So we’re not going to have that option of asking our members to keep funding these workers who have taken this 20 percent pay cut,” he said. “And these are primarily women and people of color.”

But Sup. Sean Elsbernd and other supporters of the pension deal say the plight of these workers is an unrelated issue. “They aren’t a pension issue, so wouldn’t it be more appropriate to discuss them in the collective bargaining context?”

Elsbernd believes Lee’s measure is “fair and equitable,” partly because employees’ pension contributions would be reduced in boom years when tax revenue and stock market gains swell the city’s coffers.

“But Jeff Adachi is throwing a big roll of the legal dice,” Elsbernd said. He noted that city employees have long paid 7.5 percent toward their pensions. “But now, along come two pension reform plans that both challenge that notion.

“And every case in California shows you have to provide a commensurate benefit to change that kind of right,” he continued, arguing that Lee’s proposal is more legally sound because it lowers employees’ contributions during boom years. “So the $60 million that our plan would save is a hell of a lot more secure than the $90 million Jeff claims his plan would save.”

Sup. David Campos has yet to take a position on Lee’s plan, but hopes there is a way to address legitimate concerns about lower-income workers. “There’s no question that we have to do something about pension reform,” he said. “I don’t know if there’s a perfect proposal. But I’m especially intrigued by Mayor Lee’s plan. It recognizes that low-wage workers should not be expected to contribute at a higher rate than higher-wage workers. But we have to put the mayor’s proposal in the context of what else is happening, which is why SEIU’s de-skilling concerns are legitimate.” Campos credited Adachi for highlighting pension reform. “My hope is that we can come up with something that we can all be supportive of, where the mayor and Jeff’s proposals are combined. And while we have to be careful that the balance that has been constructed is maintained, this allows for a dialogue at the board, and for Jeff to be involved, so we can come up with a unified proposal. Because if we are going to address pension reform, we need to do so with a united front.”

Phantom menaces

cheryl@sfbg.com

FILM Does anyone actually believe Ghost Adventures is real? Including its hosts? For the uninitiated, this is the Travel Channel show that locks a trio of doucheba — er, paranormal investigators inside an allegedly haunted location overnight, leaving them with an arsenal of high-tech gadgets to record any paranormal happenings.

Inevitably, these goings-on include supernatural “voices” captured by one of their doohickeys (the voice always sounds exactly like garbled static, but is subtitled into meaning — usually a variation of “Get out!”) Main host Zak Bagans employs obnoxious tactics to goad the spirits into responding. Did you see that one where he decided he needed to bare his telegenically pumped-up chest to provoke the phantom that hated tattoos? It was fully necessary, people. For science. Also, it was 24-karat unintentional comedy gold.

Ghost Adventures and similar shows (main ingredient: shaky, sickly-green night vision) are ripe for parody, but they’re also au courant. As anyone with a pair of eyes and a thirst for blood can attest, there’s been a trend in “I am filming myself at all times” horror since ye olden days of The Blair Witch Project (1999), sure to be buoyed along for another decade-plus thanks to the monster success of 2007’s Paranormal Activity. (Last year’s The Last Exorcism being a prime example.) If these films are fake-real, then shows like Ghost Adventures, which follow regular people through actual abandoned prisons, sanitariums, and the like, are real-fake.

Which brings us to Grave Encounters, a fake-real movie that does a number on Zak Bagans types and delivers some pretty decent scares in the process. (Don’t be put off by the directors’ corny nom de screen, “the Vicious Brothers.” Although, dudes — really?) The film, which closes out the 2011 Another Hole in the Head Film Festival, is introduced by a slick production-company type who assures us that what we are about to see is undoctored video from a ghost-hunting reality show. Seems the crew of Grave Encounters, including lead investigator Lance Preston (Sean Rogerson), have vanished from the crumbling confines of their latest filming location, a decrepit mental hospital with a sinister past.

With this Blair Witch-y setup, the found footage rolls, including outtakes that let us know Lance and company are skeptics not above manipulating circumstances to get the shots they need. The faux-show apes Ghost Adventures‘ title sequence, low-angle shots, and jumpy editing. There’s even a slightly unhinged caretaker on hand to lock the Grave Encounters folks in for the night. And this wouldn’t be a horror movie (as opposed to a highly questionable reality show) if creepy critters didn’t end up coming out to play. It’s not a spoiler to disclose that once doors start slamming by themselves, full-scale shit-hitting-fannage (shades of 2001’s excellent Session 9) is not far behind.

In a similar vein, but with a more succinct running time and more likeable characters, is Haunted Changi, one of HoleHead’s opening-night films. A group of young filmmakers (portrayed by actors who have the same names as their characters) set out to make a documentary about Singapore’s Old Changi Hospital, a vacant structure troubled by the lingering fragments of World War II-era prisoners of war and their decapitation-happy Japanese captors. Plus, the occasional vampire. Old Changi Hospital is apparently a bona fide ghost-hunting hotspot, which makes the fake-real Haunted Changi a little more real than it probably ought to be.

After the four-person crew’s initial visit to the hospital, director Andrew (Andrew Lau, also credited as Haunted Changi‘s director) becomes obsessed with the place, returning again and again to shoot more footage and hang out with a mysterious woman he encounters there. Meanwhile, uptight producer Sheena (Sheena Chung), dreadlocked sound guy Farid (Farid Azlam), and “I am filming myself at all times” camera guy Audi (Audi Khalis) feel the after-effects in different ways — all of them bad.

Haunted Changi features a scene where a group of paranormal investigators use a little kid as their supernatural-activity barometer, like a canary in a coal mine. Way creepy, and one of the few novel ideas in a film that’s solid without being particularly original. Still, Old Changi Hospital has plenty of built-in atmosphere; a real-real documentary on its history would probably be just as scary as Haunted Changi‘s paranormal fantasy.

ANOTHER HOLE IN THE HEAD FILM FESTIVAL

June 2–17, $11

Roxie Theater

3117 16th St., SF

www.sfindie.com

 

NUGGETS OF GUTS: SHORT TAKES ON ANOTHER HOLE IN THE HEAD 2011

Absentia (Mike Flanagan, U.S., 2010) Daniel has been missing for seven years. His wife, Tricia (Courtney Bell), has dutifully done all the right things, distributing missing-person posters, mourning, seeking therapy, and filling out the paperwork to have him declared dead in absentia. But — heavily pregnant by a new suitor — she’s more than ready to move on with her life. In town to help with this task is her younger sister, Callie (Katie Parker), a former drug addict who nudges Tricia to look for new apartments and work on her social life. But is Daniel really dead? Tricia’s been having freaky visions that suggest he’s still … somewhere. And what, exactly, is haunting that tunnel down the block from Tricia’s front door? Absentia is an indie-horror find: Bell and Parker are totally believable as sisters who stick together despite their complicated relationship, and writer-director Mike Flanagan conjures serious menace from a benign suburban streetscape. Mon/6, 9:20 p.m.; June 12, 5:20 p.m. (Cheryl Eddy)

Apocrypha (Michael Fredianelli, U.S., 2011) Vampires are about as ubiquitous and tired a pop cultural fixture as the Kardashians and it’s getting harder and harder to come up with an original twist on such a shopworn staple. That’s all the more reason why I wanted Apocrypha, a modestly-budgeted, locally-made indie premiering at HoleHead, to make good on its promising premise that vampires aren’t just bloodsuckers, they’re also amnesiacs. Unfortunately, director Michael Fredianelli (who also coproduced, edited, cowrote, and stars in the film) makes a hot mess out of this neat idea thanks to weak dialogue, inept direction, lackluster performances, and a virulent misogynistic streak that’s far more unsettling than the inevitable torrents of blood. Fredianelli plays Griffith Townsend, a man at wit’s end to understand his growing compulsion to bite the women he takes home. Eventually, his path crosses with Maggie (cowriter and coproducer Kat Reichmuth) — an equally confused woman trying to find out how she woke up in Golden Gate Park — with whom he shares a dark, and somewhat obvious, connection. When Townsend’s job as a senior editor at the San Francisco Chronicle, rather than all the neck-biting, requires the greatest suspension of audience disbelief, you know it’s time to go back to the drawing board. June 11, 3:20 p.m. (Matt Sussman)

Auschwitz (Uwe Boll, Germany, 2010) It takes serious cojones or at least a healthy dose of self-delusion, for Uwe Boll to decide he’s the one to give us a realistic depiction of Auschwitz. Boll is often considered cinema’s most reviled director, known more for his schlocky video game adaptations than for his sense of morality. But in Auschwitz, he does his best to reflect on a horrific atrocity, bookending his portrayal of the death camp with a short documentary in which he questions German youth about the Holocaust. The mind-boggling ignorance on display is somewhat effective, but these teenagers likely know about as much as most American high schoolers — if not more. And Boll’s gritty Auschwitz isn’t the answer: it’s hard to watch at times, and it’s certainly more to the point than Spielberg’s Schindler’s List (1993). But Boll shows his trademark lack of restraint, and the legitimately stirring moments are undercut by shock value violence. June 10, 9:20 p.m.; June 13, 7:20 p.m. (Louis Peitzman)

Helldriver (Yoshihiro Nishimura, Japan, 2010) Leave it to Japanese director Yoshihiro Nishimura (2008’s Tokyo Gore Police) to give us a joyous, blood-soaked twist on zombies. Helldriver‘s living dead are distinguished by the antlers growing out of their foreheads — antlers that can be removed and ground into powder for use as a popular street drug. There’s more of a plot to Helldriver than the set-up, but it’s admittedly a little tough to make sense of it with body parts and buckets of blood flying in all directions. Short version: Kika (Yumiko Hara) has to take down her evil stepmother, who has become the Zombie Queen. To say there are casualties along the way is an understatement — nearly every character is flayed, decapitated, or torn into pieces, all with gleeful abandon. However gross Helldriver may be, it’s an awful lot of fun, an over-the-top, distinctly Japanese reinvention of the genre. Fri/3 and June 13, 9:20 p.m. (Peitzman)

The Mole Man of Belmont Avenue (Mike Bradecich and John LaFlamboy, U.S., 2010) What happens when a pair of slacker brothers (writers-directors-stars Mike Bradecich and John LaFlamboy) inherit a dilapidated apartment building with a perilously low occupancy rate? What if that building also has a pet-eating monster scrambling between its walls? And what’s that ever-hungry monster gonna eat once all the pets are gone? Dilemmas — all of them absurd, some of them gory, and most of them hilarious — abound in this clever, fast-paced cracker featuring Robert “Freddy Krueger” Englund in a cameo as a cranky, horny tenant. Chicago-bred comedians Bradecich and LaFlamboy have Simon Pegg-Nick Frost levels of chemistry. Is it too much to hope that the dreaded Mole Man will return so there’ll be a sequel? Sun/5, 7:20 p.m.; Tues/7, 9:20 p.m. (Eddy)

The Oregonian (Calvin Lee Reeder, U.S., 2010) More an experiment in tedium than terror, Calvin Lee Reeder’s The Oregonian will look familiar to anyone who has seen their share of David Lynch movies. Only unlike Lynch, Reeder offers little in the way of narrative or structure to counterbalance all the creepy randomness he throws at us. One can truly sympathize with the film’s nameless heroine — a frightened young woman who, upon waking up in a station wagon covered in blood, embarks on a hellish journey through the Oregon countryside — for in watching The Oregonian in its entirety the audience also undergoes a seemingly endless slog, only the succession of borrowed gestures merely exhausts rather than frightens. If you really want some good backwoods scares, watch Gummo (1997) or the Texas Chainsaw Massacre (1974) instead. Sat/4, 9:20 p.m.; June 16, 7:20 p.m. (Sussman)

FBI spying will be an issue for new Police Commissioner

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When Police Chief Greg Suhr got sworn in at City Hall a month ago, reporters each got to ask one question during a hastily convened media roundtable inside Mayor Ed Lee’s office. And since the Guardian’s story about the FBI’s secret agreement with the San Francisco Police Department had just hit the streets, I asked the new Chief, if he would welcome clarification around the duties of SFPD officers assigned to the FBI’s Joint Terrorism Taskforce.

Chief Suhr said he believed an examination of the wording of the FBI’s most recent memorandum of understanding (MOU) with the department was already under way. “I believe that the MOU is being revisited,” Suhr said. “I have not been a part of that, but again I think we have a real good policy with regard to our intelligence gathering and that does supercede any ask of any other agency. The officers are bound by policies and procedures. And that policy was well thought out with tremendous community and group input years and years ago, from situations that have not since repeated themselves. I think a lot of people back then couldn’t believe they happened in the first place, but I think measures were well thought out and put in place to make sure we don’t have a problem again.”

Fast forward three weeks, and Suhr found himself in the hot seat at a May 18 joint meeting of the Human Rights Commission and the Police Commission, where commissioners got an update about the Police Department’s response to community concerns about surveillance, racial and religious profiling of Arab, Middle Eastern, Muslim, and South Asian Communities and the potential reactivation of SFPD Intelligence Gathering.

After Suhr introduced his new Command Staff—and stressed their great diversity–Police Commission President Thomas Mazzucco, who was Suhr’s football coach in high school, tried to assure folks that the Police Commission, the Human Rights Commission, the FBI, the SFPD, the American Civil Liberties Union and the Asian Law Caucus had already addressed the community’s intelligence-gathering concerns, in part through a bureau order that Chief Suhr then introduced during the hearing, in which Suhr clarified that SFPD policies trump FBI guidelines every time.

And Mazzucco,  a former Assistant U.S. Attorney for the Northern District of California and a former Assistant District Attorney for San Francisco, before Mayor Gavin Newsom appointed him to the Commission in 2008, noted that the community’s concerns were based on allegations. not factual findings.

But his comments got folks wondering whether Mazzucco’s prior involvement with the feds left him with a blind spot that is preventing the Police Commission from dealing with the issue in a timely and effective manner, particularly since Commissioner Jim Hammer’s term has expired, and the rest of the Commission is waiting for the Board’s Rules Committee to decide between nominating David Waggoner, L. Julius Turman, Phillip Hogan or Vanessa Jackson as the next new Police Commissioner.

For, as members of the public observed during the meeting, if the Police Commission President himself expresses no outrage at finding that the Commission’s policies have been undercut for the past four years by secret agreements between SFPD and the FBI, how can San Francisco claim to have a credible system of civilian oversight?

Instead, they felt that Mazzucco seemed more concerned about defending federal practices and officials, who were unwilling to show up at the May 18 hearing, than worrying about the role and authority of the civilian oversight body he now represents. And attorneys with the ACLU and the Asian Law Caucus noted that though Suhr characterized his new order as being based on the Portland resolution and a prior proposal from community advocates, they believe Suhr’s approach can only work with the written consent of the FBI, (which SFPD doesn’t have) if the FBI’s 2007 contract is left in place.

“That’s why there is a need for a transition to a non-MOU, Portland-style resolution,” ACLU’s John Crew told the Guardian, noting that ACLU’s willingness to work collaboratively with the commissioners and the new Chief should not be confused with a willingness on ACLU’s part to roll over and accept an approach that is based on wishful thinking rather than the realities of the MOU that’s still in place.

During the May 18 joint hearing, Chief Suhr acknowledged “the validity of the perceptions raised by the community,” even as he insisted that SFPD has “very strict policies” in place to ensure appropriate oversight for investigation- involving activities.

Suhr summarized the history of those policies, including ACLU’s John Crew’s involvement in creating Department General Order (DGO) 8.10, which establishes that there must be reasonable suspicion before SFPD intelligence gathering can occur.

Suhr noted that SFPD joined FBI’s Joint Terrorism Taskforce (JTTF) after the September 11, 2001 attacks, and SFPD officers assigned to the JTTF subsequently came under control of the Department of Homeland Security unit, but starting now, they are back under SFPD’s special investigations.

“I gave the order today that JTTF will be moved back under SFPD’s special investigation unit,” Suhr said. “They will have the security clearance necessary to oversee the activities. The members are required to comply with all department policies, even if they can conflict with FBI policies. Simply said, San Francisco policies, procedures, laws, and statute trump any federal policy or procedure. Our officers are bound by those.”

Suhr said that to ensure everyone is clear about the chain of command, he’d drafted his May 18 bureau order. “It essentially turns back the clock and emphasizes that officers are responsible for our policies and procedures first, and our officers are bound to identify themselves as San Francisco police officers,” Suhr said, further noting that he’d be happy to further amend his new order as needed.

And Mazzucco noted that SFPD has absolutely no jurisdiction whatsoever over the Transportation Security Administration’s activities at the airport.

But while Human Rights Commission Chair Michael Sweet said Suhr’s new bureau order,  “goes a long way toward helping to alleviate some of the concerns,” he and many commissioners noted that this was their first chance to read the order. And Sweet said he saw the May 18 joint hearing “as by no means the end of the discussion.”

HRC director Theresa Sparks, who was on the Police Commission when the FBI drafted its 2007 JTTF MOU, noted that the issue is not whether we should opt out, but what we can do to ensure that officers involved in activities have “strong civilian oversight of their activities and report activities through the established civilian oversight mechanisms and procedures defined in DGO 8.10.”

” Our approach to achieve this objective is to publish internal directives ensuring our officers only participate in activities that meet our local standards of reasonable suspicion,” Sparks stated, claiming that Suhr’s order will “ give the city control over misconduct charges and allegations of misconduct charges.”

Sparks noted that the May 18 hearing was a status report about “alleged violations by the FBI and SFPD, as well as airport police,” and that the HRC “did no independent investigation” to verify these allegations.

Sparks added that HRC and the Immigrant Rights Commission has a tentative agreement to move forward with townhall meetings to address community concerns, and will encourage the Board to appoint a special prosecutor to determine if the prosecution of terrorism cases is valid and fair, and discuss the need for an Ombudsman at the airport. And she talked about the need for SFPD to establish legal safeguards, mechanisms for greater transparency and oversight, and conduct more detailed yearly audits.

“Tonight was a real dialogue about the issues,” Sparks said, further noting that civilian oversight of local JTTFs is also a popular discussion in Oakland and in Portland, Oregon, which has decided to rejoin its local JTTF after opting out in March 2005. But she didn’t mention that Portland had entered into a resolution with the FBI, instead of signing a new MOU with the feds.

That explanation was left to Veena Dubal of the Asian Law Caucus and ACLU’s Crew– in between explaining why they believe Suhr’s Bureau Order isn’t enough. “The good news is that we all collectively agree that SFPD policies should apply to SFPD officers assigned to the JTTF,” Dubal said. “The bad news is that the recently released MOU, which was secret for four years, doesn’t reflect our collective desires.”

Dubal stated that the FBI won’t amend its 2007 MOU with the SFPD.
“And that is why the Chief issued the bureau order,” Dubal stated, claiming that the FBI Special Agent in Charge of JTTF involvement recently told ALC and the ACLU that the FBI will continue to block key parts of local policy central to accountability and oversight.

“But there’s a solution and it doesn’t necessitate a divorce from the joint terrorism task force,” Dubal continued, noting that there are now two ways for local law enforcement officers to participate in JTTFs: an MOU, in which SFPD resources are put into the hands of FBI with relatively no local control, as in the SFPD’s 2007 agreement with the FBI. Or via a resolution which the federal government just approved in Portland, which allows participation in the JTTF, but provides much better protection for civil rights and gives the police department and the police commission more control of the relationship.

Dubal noted that in the decade since 9/11, the FBI has expanded its intelligence powers, and its agents are now allowed to conduct intelligence without a factual connection to criminal activity.

“Given these massive shifts in FBI activity, the question is, what should the relationship between the SFPD and the FBI look like?” Dubal said.

“Unlike the FBI, the SFPD is not a national security organization, “ Dubal continued, noting that when SFPD signed up to work with the JTTF under an MOU that preserved local control and policies, “it wasn’t assuming that some of its officers, paid for by San Francisco taxpayers, could be transformed into national security agents.”

”The SFPD signed on without telling anyone, not even the police commission,” Dubal said, noting that SFPD cannot afford to participate in these practices. “We need community trust to keep all of our communities safe.”

ACLU’s Crew noted that the FBI came to the SFPD in 2007 with a new MOU. “And perhaps inadvertently, there was no review by the City Attorney, and no notice to the police commission,” Crew said. “And it’s a drastically different MOU, unfortunately.”

“Now, we didn’t know about that MOU because it was kept secret at the insistence of the FBI for four years,” Crew continued, further noting that when ACLU and ALC met with the SFPD in 2010, they were suddenly told that the police department couldn’t talk about these issues without FBI permission.

“That set off a warning sign,” Crew observed, noting that in early April, when the ACLU and ALC finally got the MOU released, their worst suspicions were confirmed.

“There was no public discussion of transforming the SFPD into a national intelligence gathering association,” Dubal said. “The problem is that the FBI changed the deal, and the SFPD signed it, without telling anyone.”

Dubal noted stark differences between the FBI’s 2002 MOU and the one the SFPD signed in 2007, along with stark changes to FBI guidelines that occurred in 2008, in the dying days of the Bush administration, and that now allow a new assessment category, that does not require reasonable suspicion and has been criticized by civil liberties groups.

And according to Crew, the FBI’s new MOU “puts at risk the very concept of civilian control.” As Crew noted, between the mid 1990s, when the SFPD developed DGO 8.10, which governs its officers’ intelligence-gathering policies and procedures, and 2007, when the FBI prepared a new JTTF MOU, there’d been little controversy over intelligence-gathering in San Francisco.

 “And then, perhaps inadvertently, the SFPD signed that MOU and it was drastically different and kept secret at the insistence of the FBI for four years,” Crew observed.

And in 2010, the SFPD suddenly said it couldn’t talk about the issue without the permission of the FBI, Crew added, noting that “Unnecessary secrecy breeds suspicion.”

“We don’t think the Bureau Order is sufficient,” Crew concluded. “This is an issue that has to be dealt with at the Police Commission level.”

Crew noted that the Portland City Council chose not to enter into an MOU, “specifically because it restricts the ability to provide local control and local oversight. “

“So, we are not saying opt out, but we are saying there needs to be a transition to a resolution that maintains local control over the assignment of officers and provides all these elements of civilian oversight,” Crew continued.

He claimed that the federal government says a resolution is possible, as long as you’re not doing it under an MOU.
“So the question is, if that level of protection is available now to the people in Oregon, why would San Francisco not take the same deal?” Crew said. “All you have to do is give 60 days’ notice to the FBI that are you going to start this transition to a resolution. That notice period allows the FBI to have any comments or express any concerns they want, I think it’s very regrettable that they chose not to participate tonight and unfortunately I think it says something in terms of how seriously they take these concerns.”

Crew concluded that such a transition would be a win-win situation.

”If we went to a resolution that merely asserted local policy, then they could keep doing exactly what they’re doing now,” Crew said. “On the other hand, if it turns out that there’s activities SFPD is involved in that they shouldn’t be involved in, don’t we want those stopped?

“The one comment I will make of the bureau of general order is that I’m thankful to hear it’s a work in progress,” Crew added, noting that ACLU and ALC “don’t think a bureau order is sufficient. That’s because it can be changed at any time without the notice of the police commission, without a public hearing.”

But Mazzucco disagrees with ACLU and ALC’s claims that FBI intelligence-gathering guidelines have been relaxed since 2008.
 “There are no random assessments, and there has to be a predicate of a criminal violation,” Mazzucco told commissioners, noting that ” with honorable people like Bob Mueller” (Mazzucco’s former boss) “running the FBI, there should be a level of confidence that there will not be any violations.

And in a follow-up call, Mazzucco told the Guardian that he thought Suhr’s bureau order clarifies that “local officers follow SFPD rules.”

Mazzucco also suggested that Police Commission oversight, “is more over policy and procedures and less about operations,” by way of explaining how the SFPD’s 2007 MOU  with the FBI never came before the Commission.
“But I suggested that we see the next MOU in this area,” Mazzucco added.

And he proposed “a simple solution” moving forward, namely transparency and educating the public,” about the JTTF.

“SFPD is probably the most diverse police department in the country,” Mazzucco said. “And there is civilian oversight. We won’t let anything untoward happen.”

And he praised the new US Attorney for Northern California Melinda Haag, and FBI Special Agent Stephanie Douglas for their participation in recent meetings with city officials about the community’s intelligence-gathering concerns.
“The good news is that nothing controversial is going on here,” he said, noting that out of the broad array of community advocates who showed up at the May 18 joint hearing, there were maybe five citizens who spoke about encounters with the FBI, and only one from the Bay Area. ”My goal is to make everyone feel comfortable,” he said.
 
But HRC Chair Sweet acknowledged at the May 18 joint hearing that it was “very difficult” to know from a first reading of Suhr’s Bureau Order if it fully addressed the community’s intelligence-gathering concerns. “I think a great deal of discussion really needs to take place on that particular issue,” he said.

And HRC Vice Chair Douglas Chan dug into the details, starting with the apparently now classified question of how many SFPD officers are currently assigned as deputized FBI officers.
”We don’t generally discuss the specific numbers, but I will tell that you we’ve never had less than two officers assigned to the JTTF,” Suhr replied.

And he told Chan more work can be done on the Bureau Order. 
“The intent of the order was to align it with DGO 8.10 and to close any gap that was in the 2007 MOU,” Suhr said.

Chan asked if SFPD has in mind “ a framework or an approach” if a case arises, wherein an officer, in order to defend himself against an allegation of misconduct, or a citizen seeking to discover facts and other evidence relating to an incident, bumps up against this need to know and the fact that apparently JTTF activities are, “under a federal classified information.”

“I think that would probably need to be flushed out in subsequent drafts of the bureau order,” Suhr replied. “I think we could turn the clock back to where the officers are ultimately accountable to the police department, the commission and the citizens of San Francisco.  I think that the most recent MOU, as has been discussed, there was somehow a mishap where it was not reviewed.”

 And while Police Commissioner Petra DeJesus said Suhr’s Bureau Order was, “a step in the right direction,” she added that she felt it needs to be amended to clarify how the Police Commission would truly have oversight of SFPD officers’ JTTF activities.
‘Even though a commissioner is going to look at what’s been done monthly, that commissioner doesn’t have the clearance, and we’d only see a sanitized version of the events,” she observed. “And we need to look at the auditing report part of it.”
 
 And Police Commissioner R. James Slaughter said he thought everyone was “frustrated that the FBI is not here to answer some of these questions.” I think that would help us.”

And now, with four candidates vying to replace Jim Marshall as the seventh Police Commissioner, it’s not clear what the Police Commission will do beyond Suhr’s Bureau Order. But clearly that question now becomes part of the commission selection process.

And so here is the basic direction of Suhr’s new Bureau Order:

 
Under Suhr’s new Bureau Order (not to be confused with an FBI order) SFPD officers assigned to the FBI’s terrorism task force must abide by local policies protecting civil rights rather than looser federal rules.

 “It is the responsibility of the Federal Bureau of Investigations (FBI) to prevent, investigate and respond to terrorism in the United States.” Suhr’s May 18 order states. “The FBI has established local Joint Terrorism Task Forces (JTTF) to share resources and coordinate among federal, state, tribal and local governments. It is the policy of the [San Francisco Police] Department to help prevent and investigate acts of terrorism, protect civil rights and civil libertes under United States and California law, and promote San Francisco as an open and inclusive community by participating in the FBI Joint Terrorism Task Force.”

“The Chief may assign SFPD offices to work on JTTF investigations that comply with the requirements stated above regardless of whether or not the investigation is based in the City & County of San Francisco,” Suhr’s order, which was issued by Deputy Chief Kevin Cashman, continued.

 “SFPD offices shall work with the JTTF only on investigations of suspected terrorism that have a criminal nexus,” Suhr’s Bureau Order concludes. “In situations where the statutory law of California is more restrictive of law enforcement than comparable federal law, the investigative methods employed by SFPD officers working on JTTF investigations shall conform to the requirements of such California statutes. While cross-designated and deputized as federal officers for the purposes of their JTTF assignments, when not operating in a covert or undercover capacity, SFPD officers shall always identify themselves to members of the public as SFPD officers.”

Or as Suhr told commissioners May 18, “Our officers will follow our department orders.”
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Film Listings

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Film listings are edited by Cheryl Eddy. Reviewers are Kimberly Chun, Michelle Devereaux, Peter Galvin, Max Goldberg, Dennis Harvey, Johnny Ray Huston, Louis Peitzman, Lynn Rapoport, Ben Richardson, and Matt Sussman. For rep house showtimes, see Rep Clock. For first-run showtimes, see Movie Guide. Due to the Memorial Day holiday, theater information was incomplete at presstime.

ANOTHER HOLE IN THE HEAD

The eighth Another Hole in the Head Film Festival runs June 2-17 at the Roxie Theater, 3117 16th St., SF. For tickets ($11) and complete schedule, visit www.sfindie.com.

OPENING

*Blank City “No one was doing what they were trained to do” — key to the explosion in Super-8 movie-making in late ’70s and mid-’80s New York City, according to John Lurie, star of 1984’s Stranger Than Paradise. Filling in the blanks of a burnt-out city-turned-artistic playground, musicians like Lurie and Jim Jarmusch made films, and artists such as Jean-Michel Basquiat and Richard Kern plopped themselves in front of the camera or behind it. Those grainy artifacts were populated by performers oozing with character and charisma, à la Steve Buscemi and Debbie Harry, while combos that ran the generational gamut, from Patti Smith to the Contortions to Sonic Youth, provided the soundtracks as well as the vivid onstage visuals. French filmmaker Celine Danhier does the noble work of trying to encapsulate and couple the disparate No Wave and Transgressive cinemas under the umbrella of shared geography — the squatter-friendly, pre-Times Square-cleanup New York — though organizationally and conceptually Blank City has a tough time surmounting flaws like choppy chronology and uneven allotments of screen time. The No Wave years get short shrift — you’re yearning to see more of the actual films. Should these two movements be paired in the first place — and where does the wildly successful 1983 hip-hop document Wild Style fall (and why isn’t the same year’s Style Wars included)? Danhier fails to make convincing connections, though the snippets of interviews with provocateurs like Amos Poe and Lydia Lunch almost make up for it (who knew, say, that late Dreamlander Cookie Mueller was Rainer Werner Fassbinder’s dealer, as John Waters gossips?), and snippets of movies such as the vibrant Downtown 81 (1981) transmit the scene’s energy — loud, clear, and cacophonous. (1:35) (Chun)

*Dumbstruck Don’t get it twisted and splintered, Charlie McCarthy: this almost-earnest doc devoted to one of the world’s geekiest forms of entertainment, ventriloquism, knows its subject comes cloaked in cheese and then some. But despite a slightly clunky, by-the-book structure — writer-director Mark Goffman (The West Wing, Law & Order: SVU) never quite takes the potentially loaded material beyond its certain safe, linear confines — Dumbstruck surprises with its profiles of the very eccentric people who are driven to spiel through dummies. Kim, a former Miss Ohio beauty queen, is trying to rise above kiddie shows and hit the coveted cruise circuit, as her mother wrings her hands at home, worrying that her daughter will never stop playing with dolls and start popping out some real children. Wilma has hit rock bottom, ostracized by her family because of her love of ventriloquism and on the verge of eviction, and Terry has made it to the top after years of struggle, winning America’s Got Talent and ultimately a $100 million contract at a Vegas Casino. Goffman obviously put in the hours with his subjects — you just wish he had dug deeper into the interior life of his ventriloquists: why does Kim, who resembles a human Barbie doll, feel compelled to perform through her grotesque floozy puppet, and why did the waifish tween Dylan choose the smooth-talking black doll as his counterpart? I’ll be waiting for answers in the Waiting for Guffman-style feature that just might come in Dumbstruck‘s wake. (1:24) (Chun)

Empire of Silver Love, not money, is at the core of Empire of Silver — that’s the M.O. of a Shanxi banking family’s libertine third son, or “Third Master” (Aaron Kwok) in this epic tug-of-war between Confucian duty and free will. The Third Master pines for his true love, his stepmother (Hao Lei), yet change is going off all around the star-crossed couple in China at the end of the 19th century and the start of the 20th, and the youthful scion ends up pouring his passion into the family business, attempting to tread his own path, apart from his Machiavellian father (Tielin Zhang). Much like her protagonist, however, director (and Stanford alum) Christina Yao seems more besotted with romance than finance, bathing those scenes with the love light and sensual hues reminiscent of Zhang Yimou’s early movies. Though Yao handles the widescreen crowd scenes with aplomb, her chosen focus on money, rather than honey, leaches the action of its emotional charge. It doesn’t help that, on the heels of the Great Recession, it’s unlikely that anyone buys the idea of a financial industry with ironclad integrity — or gives a flying yuan about the lives of bankers. (1:52) (Chun)

Mia and the Migoo A young girl fights to protect the planet in this traditionally-animated French import. (1:32)

The Tree of Life See “The Importance of Being Self-Important.” (2:18)

X-Men: First Class Matthew Vaughn (2010’s Kick-Ass) helms this reboot of the comic-book series, with a new cast headed up by James McAvoy, Michael Fassbender, and January Jones. (2:20)

ONGOING

*L’Amour Fou Pierre Thoretton’s documentary L’amour fou opens with two clips of men bidding farewell. The first, from 2002, is of the French-Algerian couturier Yves Saint Laurent announcing his retirement in a moving and emotional speech worthy of his favorite writer Marcel Proust. The second is of Pierre Bergé, Saint Laurent’s longtime business partner and former lover, eulogizing his departed friend at the designer’s memorial service six years later. Thoretton’s film is suffused with goodbyes, many tender and candid, some portentous and rehearsed. To be sure, L’amour fou is a touching portrait of the powerful and tempestuous bond between Saint Laurent and Bergé, a bond that lasted close to five decades and resulted in one of the great empires of 20th century fashion. But it is also, alongside David Teboud’s two 2002 YSL documentaries, another entry in the hagiography of Saint Laurent, one cannily steered by Bergé as much as by Thoretton. Well-spoken and charming, Bergé still comes off as the punchy entrepreneurial foil to Saint Laurent’s dazzling but fragile genius. He can be both hyperbolic (praising Saint Laurent’s gifts) but also forthcoming (discussing the designer’s demons). Former muses Loulou de la Falaise and Betty Catroux are also interviewed, but this is clearly Bergé’s show. (1:43) (Sussman)

The Beaver It’s been more than 15 years since Jodie Foster sat in the director’s chair; she’s back with The Beaver, which tells the unique story of Walter Black (Mel Gibson), a clinically depressed man who struggles through his suicidal desires with the help of a beaver puppet. Walter uses the puppet — which he also voices — as a way of connecting with his family and the outside world. The film examines both the comedic aspects and the devastating reality of mental illness, and the script walks the line between dark and light — it’s the first feature from Kyle Killen, who created the critically adored but short-lived TV series Lone Star. The Beaver gets points for ambition, but it’s ultimately too all over the place to come together in the end. The moments of humanity are undercut by scenes of Walter and his wife Meredith (Foster) having sex with the puppet in the bed — intentionally funny, but jarring nonetheless. Still, Foster’s direction is solid and, for all its faults, The Beaver is a great reminder of Gibson’s legitimate talent. (1:31) (Peitzman)

*Bill Cunningham New York To say that Bill Cunningham, the 82-year old New York Times photographer, has made documenting how New Yorkers dress his life’s work would be an understatement. To be sure, Cunningham’s two decades-old Sunday Times columns — “On the Street,” which tracks street-fashion, and “Evening Hours,” which covers the charity gala circuit — are about the clothes. And, my, what clothes they are. But Cunningham is a sartorial anthropologist, and his pictures always tell the bigger story behind the changing hemlines, which socialite wore what designer, or the latest trend in footwear. Whether tracking the near-infinite variations of a particular hue, a sudden bumper-crop of cropped blazers, or the fanciful leaps of well-heeled pedestrians dodging February slush puddles, Cunningham’s talent lies in his ability to recognize fleeting moments of beauty, creativity, humor, and joy. That last quality courses through Bill Cunningham New York, Richard Press’ captivating and moving portrait of a man whose reticence and personal asceticism are proportional to his total devotion to documenting what Harold Koda, chief curator at the Costume Institute at the Metropolitan Museum of Art, describes in the film as “ordinary people going about their lives, dressed in fascinating ways.” (1:24) (Sussman)

*Bridesmaids For anyone burned out on bad romantic comedies, Bridesmaids can teach you how to love again. This film is an answer to those who have lamented the lack of strong female roles in comedy, of good vehicles for Saturday Night Live cast members, of an appropriate showcase for Melissa McCarthy. The hilarious but grounded Kristen Wiig stars as Annie, whose best friend Lillian (Maya Rudolph) is getting hitched. Financially and romantically unstable, Annie tries to throw herself into her maid of honor duties — all while competing with the far more refined Helen (Rose Byrne). Bridesmaids is one of the best comedies in recent memory, treating its relatable female characters with sympathy. It’s also damn funny from start to finish, which is more than can be said for most of the comedies Hollywood continues to churn out. Here’s your choice: let Bridesmaids work its charm on you, or never allow yourself to complain about an Adam Sandler flick again. (2:04) (Peitzman)

*Cave of Forgotten Dreams The latest documentary from Werner Herzog once again goes where no filmmaker — or many human beings, for that matter — has gone before: the Chauvet-Pont-d’Arc Cave, a heavily-guarded cavern in Southern France containing the oldest prehistoric artwork on record. Access is highly restricted, but Herzog’s 3D study is surely the next best thing to an in-person visit. The eerie beauty of the works leads to a typically Herzog-ian quest to learn more about the primitive culture that produced the paintings; as usual, Herzog’s experts have their own quirks (like a circus performer-turned-scientist), and the director’s own wry narration is peppered with random pop culture references and existential ponderings. It’s all interwoven with footage of crude yet beautiful renderings of horses and rhinos, calcified cave-bear skulls, and other time-capsule peeks at life tens of thousands of years ago. The end result is awe-inspiring. (1:35) (Eddy)

The Conspirator It may not be your standard legal drama, but The Conspirator is a lot more enjoyable when you think of it as an extended episode of Law & Order. The film chronicles the trial of Mary Surratt (Robin Wright), the lone woman charged in the conspiracy to assassinate Abraham Lincoln. It’s a fascinating story, especially for those who don’t know much of the history past John Wilkes Booth. But while the subject matter is compelling, the execution is hit-or-miss. Wright is sympathetic as Surratt, but the usually great James McAvoy is somewhat forgettable in the pivotal role of Frederick Aiken, Surratt’s conflicted lawyer. It’s hard to say what it is that’s missing from The Conspirator: the cast — which also includes Evan Rachel Wood and Tom Wilkinson — is great, and this is a story that’s long overdue to be told. Still, something is lacking. Could it be the presence of everyone’s favorite detective, the late Lennie Briscoe? (2:02) (Peitzman)

*The Double Hour Slovenian hotel maid Sonia (Ksenia Rappoport) and security guard Guido (Filippo Timi) are two lonely people in the Italian city of Turin. They find one another (via a speed-dating service) and things are seriously looking up for the fledgling couple when calamity strikes. This first feature by music video director Giuseppe Capotondi takes a spare, somber approach to a screenplay (by Alessandro Fabbri, Ludovica Rampoldi, and Stefano Sardo) that strikingly keeps raising, then resisting genre categorization. Suffice it to say their story goes from lonely-hearts romance to violent thriller, ghost story, criminal intrigue, and yet more. It doesn’t all work seamlessly, but such narrative unpredictability is so rare at the movies these days that The Double Hour is worth seeing simply for the satisfying feeling of never being sure where it’s headed. (1:35) Smith Rafael. (Harvey)

*Everything Must Go Just skirting the edge of sentimentality and banality, Everything Must Go aims to do justice by its source material: Raymond Carver’s rueful, characteristically spare short story, “Why Don’t You Dance?,” from the 1988 collection Where I’m Calling From. And it mostly succeeds with some restraint from its director-writer Dan Rush, who mainly helmed commercials in the past. Everything Must Go gropes toward a cinematic search for meaning for the Willy Lomans on both sides of the camera — it’s been a while since Will Ferrell attempted to stretch beyond selling a joke, albeit often extended ones about masculinity, and go further as an actor than 2006’s Stranger Than Fiction. The focus here turns to the despairing, voyeuristic whiskey drinker of Carver’s highly-charged short story, fills in the blanks that the writer always carefully threaded into his work, and essentially pushes him down a crevasse into the worst day of his life: Ferrell’s Nick has been fired and his wife has left him, changing the locks, putting a hold on all his bank accounts, and depositing his worldly possessions on the lawn of their house. Nick’s car has been reclaimed, his neighbors are miffed that he’s sleeping on his lawn, the cops are doing drive-bys, and he’s fallen off the wagon. His only reprieve, says his sponsor Frank (Michael Pena), is to pretend to hold a yard sale; his only help, a neighborhood boy Kenny who’s searching for a father figure (Christopher Jordan Wallace, who played his dad Notorious B.I.G. as a child in 2009’s Notorious) and the new neighbor across the street (Rebecca Hall). Though Rush expands the characters way beyond the narrow, brilliant scope of Carver’s original narrative, the urge to stay with those fallible people — as well as the details of their life and the way suburban detritus defines them, even as those possessions are forcibly stripped away — remains. It makes for an interesting animal of a dramedy, though in Everything Must Go‘s search for bright spots and moments of hope, it’s nowhere near as raw, uncompromising, and tautly loaded as Carver’s work can be. (1:36) (Chun)

Fast Five There are plenty of laugh-out-loud moments in Fast Five, in addition to a much demolition derby-style crunch — instances that stretch credulity and simultaneously trigger a chuckle at the OTT fantasy of the entire enterprise. Two unarmed men chained to the ceiling kick their way out of a torture cell, jump favela rooftops to freedom with nary a bullet wound in sight, and, in the movie’s smash-’em-up tour de force, use a bank vault as a hulking pair of not-so-fuzzy dice to pulverize an unsuspecting Rio de Janeiro. Not for nothing is rapper Ludacris attached to this franchise — his name says it all (why not go further than his simple closing track, director Justin Lin, now designated the keeper of Fast flame, and have him providing the rap-eratic score/running commentary throughout?) In this installment, shady hero Dominic (Vin Diesel) needs busting out of jail — check, thanks to undercover-cop-turned-pal Brian (Paul Walker) and Dominic’s sis Mia (Jordana Brewster). Time to go on the lam in Brazil and to bring bossa nova culture down to level of thieving L.A. gearheads, as the gearhead threesome assemble their dream team of thieves to undertake a last big heist that will set ’em up for life. Still, despite the predictable pseudo-twists — can’t we all see the bromance-bonding between testosteroni boys Diesel and Dwayne Johnson coming from miles of blacktop away? — there’s enough genre fun, stunt driving marvels, and action choreography here (Lin, who made his name in ambitious indies like 2002’s Better Luck Tomorrow, has developed a knack for harnessing/shooting the seeming chaos) — to please fans looking for a bigger, louder kick. (1:41) (Chun)

The First Grader After a government announcement offering free elementary school educations to all Kenyans, an elderly man, Maruge (Oliver Litondo), shuffles to the nearest rural classroom in search of reading lessons. Though school officials (and parents, miffed that the man would take a child’s place in the already overcrowded system) protest, open-minded head teacher Jane (Naomie Harris) allows him to stay and study. Maruge’s freedom-fighter past, which cost him his family at the brutal hands of the British, is an important part of this true story, which otherwise would’ve felt a bit too heavy on the heartwarming tip. (His classmates, actual students at the school used for filming, are pretty unavoidably adorable.) As directed by Justin Chadwick (2008’s The Other Boleyn Girl ), Harris and Litondo turn in passionate performances, but the film unfolds like a heavy-handed TV movie. The facts of this story are inspiring enough — the film shouldn’t have to try so hard. (1:43) Smith Rafael. (Eddy)

Forks Over Knives Lee Fulkerson steps up as the latest filmmaker-turned-guinea-pig to appear in his own documentary about nutrition. As he makes progress on his 12-week plan to adopt a “whole foods, plant-based diet” (and curb his Red Bull addiction), he meets with other former junk food junkies, as well as health professionals who’ve made it their mission to prevent or even reverse diseases strictly through dietary changes. Along the way, Forks Over Knives dishes out scientific factoids both enlightening and alarming about the way people (mostly us fatty Americans, though the film investigates a groundbreaking cancer study in China) have steadily gotten unhealthier as a direct result of what they are (or in some cases, are not) eating. Fulkerson isn’t as entertaining as Morgan Spurlock (and it’s unlikely his movie will have the mainstream appeal of 2004’s Super Size Me), but the staunchly pro-vegan Forks Over Knives certainly offers some interesting, ahem, food for thought. (1:36) (Eddy)

The Hangover Part II What do you do with a problematic mess like Hangover Part II? I was a fan of The Hangover (2009), as well as director-cowriter Todd Phillips’ 1994 GG Allin doc, Hated, so I was rooting for II, this time set in the East’s Sin City of Bangkok, while simultaneously dreading the inevitable Asian/”ching-chang-chong” jokes. Would this would-be hit sequel be funnier if they packed in more of those? Doubtful. The problem is that most of II‘s so-called humor, Asian or no, falls completely flat — and any gross-out yuks regarding wicked, wicked Bangkok are fairly old hat at this point, long after Shocking Asia (1976) and innumerable episodes of No Reservations and other extreme travel offerings. This Hangover around, mild-ish dentist Stu (Ed Helms) is heading to the altar with Lauren (The Real World: San Diego‘s Jamie Chung), with buds Phil (Bradley Cooper) and Doug (Justin Bartha) in tow. Alan (Zach Galifianakis) has completely broken with reality — he’s the pity invite who somehow ropes in the gangster wild-card Mr. Chow (Ken Jeong). Blackouts, natch, and not-very-funny high jinks ensue, with Jeong, surprisingly, pulling small sections of II out of the crapper. Phillips obviously specializes in men-behaving-badly, but II‘s most recent character tweaks, turning Phil into an arrogant, delusional creep and Alan into an arrogant, delusional kook, seem beside the point. Because almost none of the jokes work, and that includes the tired jabs at tranny strippers because we all know how supposedly straight white guys get hella grossed out by brown chicks with dicks. Lame. (1:42) (Chun)

*Hesher Young teen TJ (Devin Brochu) has lost his mom, and her shockingly sudden passing has sent his entire family into a tailspin. His father (Rainn Wilson) can barely rouse himself from his heavily medicated stupor, while his lonely grandmother (Piper Laurie) is left to care for the wrecked men folk as best she can. All TJ can do is to try to desperately hang onto the smashed car that has been sold to the used car salesman and then the junkyard. So it almost seems like a dream when he catches the attention of an aloof, threatening metalhead named Hesher (a typecast-squashing, perfectly on-point Joseph Gordon-Levitt), squatting in an empty suburban model home. Hesher threatens to kill him, then moves in, becoming his so-called “friend” and brand-new, unwanted shadow. What’s a grieving family lost in its own tragic inertia supposed to do with a home invasion staged by an angry, malevolent spirit? Coming to terms with Hesher’s presence becomes a lot like going through Kubler-Ross’s five stages of grief: there’s the denial that he’s taken over the living-room TV and rejiggered the cable to get a free porn channel, the anger that he’s set fire to your enemy’s hot rod and left you at the scene of the crime, and lastly the acceptance that there’s no good, right, or unmessy way to say goodbye. Director Spencer Susser (with co-writer David Michod of 2010’s Animal Kingdom) modeled the character of Hesher after late Metallica bassist Cliff Burton, and that fact, along with the film’s independent-minded spirit, is probably one of the reasons why Metallica allowed more than one of their songs to be used in the film. Hesher itself also likely had something to do with it: if the intrigue with heavy-metal-parking-lot culture doesn’t do donuts in your cul-de-sac, then the sobering story might. (1:45) (Chun)

Hobo With a Shotgun Hobo With a Shotgun began as a $150 faux-trailer short that got considerable exposure online and off. The resulting long-form debut for director Jason Eisener and scenarist John Davies is doubtless the zenith in Halifax, Nova Scotia-shot retro ‘ploitation splatter comedies to date. Which tells you nothing, of course. But it is pretty good — not great — insofar as spoofy gross-out nods to yesteryear’s exploitation cinema go. Better than Machete (2010), a whole lot better than the likes of Zombie Strippers! (2008) or 95 percent of what Troma puts out. Grizzled Rutger Hauer stars as the titular character who rides rails into an equally nameless berg nicknamed “Fuck Town” because it’s so plagued by drugs ‘n’ thugz. The hoodlums are led by crime kingpin “The Drake” (Brian Downey) and goon sons (Gregory Smith, Nick Bateman) whose violent perversities are Caligula-licious. With corrupt police force in pocket, they’re free to terrorize the populace via acts of degradation and violence pushed over the bad-taste top and then some. When Hauer’s hobo rescues a prostitute (Molly Dunsworth) from this clan’s clutches, he trips his own mental wire from peaceably detached transient to pawnshop-armed streetsweeper of scum, à la 1980s vintage vigilante cheese. Hobo With a Shotgun faithfully apes exploitation conventions, from its lurid widescreen Technicolor hues to a score combining overproduced 1970s funky soundtrack kitsch with ’80s direct-to-video synth pulsing. Throughout, Hauer maintains a straight face. Maybe a tad more so than necessary — this movie could have used the wilder streak crazy-coot comedic streak shown by Jeff Bridges in last year’s True Grit or Kurt Russell in 2007’s Grindhouse. (1:26) Lumiere. (Harvey)

*Incendies When tightly wound émigré Nawal (Luba Azabal) dies, she leaves behind adult twins Jeanne (Mélissa Désormeaux-Poulin) and Simon (Maxim Gaudette) — and leaves them documents that only compound their feelings of grief and anger, suggesting that what little they thought they knew about their background might have been a lie. While resentful Simon at first stays home in Montreal, Jeanne travels to fictive “Fuad” (a stand-in for source-material playwright Wajdi Mouawad’s native Lebanon), playing detective to piece together decades later the truth of why their mother fled her homeland at the height of its long, brutal civil war. Alternating between present-day and flashback sequences, this latest by Canadian director Denis Villeneuve (2000’s Maelstrom) achieves an urgent sweep punctuated by moments of shocking violence. Resembling The Kite Runner in some respects as a portrait of the civilian victimization excused by war, it also resembles that work in arguably piling on more traumatic incidences and revelations than one story can bear — though so much here has great impact that a sense of over-contrivance toward the very end only slightly mars the whole. (2:10) (Harvey)

*Into Eternity Danish artist Michael Madsen (no, not that Michael Madsen) sneaks into Werner Herzog territory with this rather existential documentary about nuclear waste storage. Though he lacks Herzog’s distinctive, delightful style (his narration is way too corny, and his interview subjects lack any discernable quirks), Madsen is onto something here. Ostensibly, his film is an exploration of Finland’s Onkalo, an enormous underground facility built to store highly dangerous waste until it is no longer radioactive. Ho-hum, until you realize the facility must remain intact and functional for 100,000 years. How, Into Eternity asks, can we plan that far in the future? We can anticipate most natural-disaster scenarios, but what about human intrusion? How can we prevent future civilizations from drilling into the deadly cache, either accidentally or deliberately? How do we warn them? Should we warn them? Will humans even be around that far in the future? All we are is dust in the wind? Needless to say, this quiet, stylistically unassuming doc goes way, way deeper than 500 meters below Finland’s ancient bedrock. (1:15) Roxie. (Eddy)

Kung Fu Panda 2 The affable affirmations of 2008’s Kung Fu Panda take a back seat to relentlessly elaborate, gag-filled action sequences in this DreamWorks Animation sequel, which ought to satisfy kids but not entertain their parents as much as its predecessor. Po (voiced by Jack Black), the overeating panda and ordained Dragon Warrior of the title, joins forces with a cavalcade of other sparring wildlife to battle Lord Shen (Gary Oldman), a petulant peacock whose arsenal of cannons threatens to overwhelm kung fu. But Shen is also part of Po’s hazy past, so the panda’s quest to save China is also a quest for self-fulfillment and “inner peace.” There’s less character development in this installment, though the growing friendship between Po and the “hardcore” Tigress (Angelina Jolie) is occasionally touching. The 3-D visuals are rarely more than a gimmick, save for a series of eye-catching flashbacks in the style of cel-shaded animation. (1:30) (Sam Stander)

*Meek’s Cutoff After three broke down road movies (1994’s River of Grass, 2006’s Old Joy, 2008’s Wendy and Lucy), Kelly Reichardt’s new frontier story tilts decisively towards socially-minded existentialism. It’s 1845 on the choked plains of Oregon, miles from the fertile valley where a wagon train of three families is headed. They’ve hired the rogue guide Meek to show them the way, but he’s got them lost and low on water. When the group captures a Cayeuse Indian, Solomon proposes they keep him on as a compass; Meek thinks it better to hang him and be done with it. The periodic shots of the men deliberating are filmed from a distance — the earshot range of the three women (Michelle Williams, Zoe Kazan, and Shirley Henderson) who set up camp each night. It’s through subtle moves like these that Meek’s Cutoff gives a vivid taste of being subject to fate and, worse still, the likes of Meek. Reichardt winnows away the close-ups, small talk, and music that provided the simple gifts of her earlier work, and the overall effect is suitably austere. (1:44) (Goldberg)

Midnight in Paris Owen Wilson plays Gil, a self-confessed “Hollywood hack” visiting the City of Light with his conservative future in-laws and crassly materialistic fiancée Inez (Rachel McAdams). A romantic obviously at odds with their selfish pragmatism (somehow he hasn’t realized that yet), he’s in love with Paris and particularly its fabled artistic past. Walking back to his hotel alone one night, he’s beckoned into an antique vehicle and finds himself transported to the 1920s, at every turn meeting the Fitzgeralds, Gertrude Stein (Kathy Bates), Dali (Adrien Brody), etc. He also meets Adriana (Marion Cotillard), a woman alluring enough to be fought over by Hemingway (Corey Stoll) and Picasso (Marcial di Fonzo Bo) — though she fancies aspiring literary novelist Gil. Woody Allen’s latest is a pleasant trifle, no more, no less. Its toying with a form of magical escapism from the dreary present recalls The Purple Rose of Cairo (1985), albeit without that film’s greater structural ingeniousness and considerable heart. None of the actors are at their best, though Cotillard is indeed beguiling and Wilson dithers charmingly as usual. Still — it’s pleasant. (1:34) (Harvey)

Pirates of the Caribbean: On Stranger Tides The last time we saw rascally Captain Jack Sparrow (Johnny Depp), he was fighting his most formidable enemy yet: the potentially franchise-ending Pirates of the Caribbean: At World’s End (2007). The first Pirates movie (2003) was a surprise critical success, earning Depp his first-ever Oscar nomination; subsequent entries, though no less moneymaking, suffered from a detectable case of sequel-itis. Overseeing this reboot of sorts is director Rob Marshall (2002’s Chicago), who keeps the World’s End notion of sending Jack to find the Fountain of Youth, but adds in a raft of new faces, including Deadwood‘s Ian McShane (as Blackbeard) and lady pirate Penélope Cruz. The story is predictably over-the-top, with the expected supernatural elements mingling with sparring both sword-driven and verbal — as well as an underlying theme about faith that’s nowhere near as fun as the film’s lesser motifs (revenge, for one). It’s basically a big swirl of silly swashbuckling, nothing more or less. And speaking of Depp, the fact that the oft-ridiculous Sparrow is still an amusing character can only be chalked up to the actor’s own brand of untouchable cool. If it was anyone else, Sparrow’d be in Austin Powers territory by now. (2:05) (Eddy)

Potiche When we first meet Catherine Deneuve’s Suzanne — the titular trophy wife (or potiche) of Francois Ozon’s new airspun comedy — she is on her morning jog, barely breaking a sweat as she huffs and puffs in her maroon Adidas tracksuit, her hair still in curlers. It’s 1977 and Suzanne’s life as a bourgeois homemaker in a small provincial French town has played out as smoothly as one of her many poly-blend skirt suits: a devoted mother to two grown children and loving wife who turns a blind eye to the philandering of husband Robert (Fabrice Luchini), Suzanne is on the fast track to comfortable irrelevance. All that changes when the workers at Robert’s umbrella factory strike and take him hostage. Suzanne, with the help of union leader and old flame Babin (Gerard Depardieu, as big as a house), negotiates a peace, and soon turns around the company’s fortunes with her new-found confidence and business savvy. But when Robert wrests back control with the help of a duped Babin, Suzanne does an Elle Woods and takes them both on in a surprise run for political office. True to the film’s light théâtre de boulevard source material, Ozon keeps things brisk and cheeky (Suzanne sings with as much ease as she spouts off Women’s Lib boilerplate) to the point where his cast’s hammy performances start blending into the cheery production design. Satire needs an edge that Potiche, for all its charm, never provides. (1:43) (Sussman)

Queen to Play From first-time feature director Caroline Bottaro comes this drama about … chess. Wait! Before your eyes glaze over, here are a few more fast facts: it’s set in idyllic Corsica and features, as an American expat, Kevin Kline in his first French-speaking role. (Side note: is there a Kline comeback afoot? First No Strings Attached, then The Conspirator, and now Queen to Play. All within a few short months.) Lovely French superstar Sandrine Bonnaire plays Héléne, a hotel maid who has more or less accepted her unremarkable life — until she happens to catch a couple (one half of which is played by Jennifer Beals, cast because Bottaro is a longtime fan of 1983’s Flashdance!) playing chess. An unlikely obsession soon follows, and she asks Kline’s character, a reclusive doctor who’s on her freelance house-cleaning route, to help her up her game. None too pleased with this new friendship are Héléne’s husband and nosy neighbors, who are both suspicious of the doctor and unsure of how to treat the formerly complacent Héléne’s newfound, chess-inspired confidence. Queen to Play can get a little corny (we’re reminded over and over that the queen is “the most powerful piece”), and chess is by nature not very cinematic (slightly more fascinating than watching someone type, say). But Bonnaire’s quietly powerful performance is worth sticking around for, even when the novelty of whiskery, cardigan-wearing, French-spouting Kline wears off. (1:36) Smith Rafael. (Eddy)

Rio (1:32)

Something Borrowed (1:53)

*13 Assassins 13 Assassins is clearly destined to be prolific director Takashi Miike’s greatest success outside Japan yet. It’s another departure for the multi-genre-conquering Miike, doubtless one of the most conventional movies he’s made in theme and execution. That’s key to its appeal — rigorously traditional, taking its sweet time getting to samurai action that is pointedly not heightened by wire work or CGI, it arrives at the kind of slam-dunk prolonged battle climax that only a measured buildup can let you properly appreciate. In the 1840s, samurai are in decline but feudalism is still hale. It’s a time of peace, though not for the unfortunates who live under regional tyrant Lord Naritsugu (Goro Inagaki), a li’l Nippon Caligula who taxes and oppresses his people to the point of starvation. Alas, the current Shogun is his sibling, and plans to make little bro his chief adviser — so a concerned Shogun official secretly hires veteran samurai Shinzaemon (Koji Yakusho) to assassinate the Lord. Fully an hour is spent on our hero doing “assembling the team” stuff, recruiting other unemployed, retired, or wannabe samurai. When the protagonists finally commence their mission, their target is already aware he’s being pursued, and he’s surrounded by some 200 soldiers by the time Miike arrives at the film’s sustained, spectacular climax: a small village which Shinzaemon and co. have turned into a giant boobytrap so that 13 men can divide and destroy an ogre-guarding army. A major reason why mainstream Hollywood fantasy and straight action movies have gotten so depressingly interchangeable is that digital FX and stunt work can (and does) visualize any stupid idea — heroes who get thrown 200 feet into walls by monsters then getting up to fight some more, etc. 13 Assassins is thrilling because its action, while sporting against-the-odds ingeniousness and sheer luck by our heroes as in any trad genre film, is still vividly, bloodily, credibly physical. (2:06) (Harvey)

*Thor When it comes to superhero movies, I’m not easily impressed. Couple that with my complete disinterest in the character of Thor, and I didn’t go into his big-screen debut with any level of excitement. Turns out Kenneth Branagh’s Thor is a genre standout — the best I’ve seen since 2008’s Iron Man. For those who don’t know the mythology, the film follows Thor (Chris Hemsworth) as he’s exiled from the realm of Asgard to Earth. Once there, he must reclaim his mighty hammer — along with his powers — in order to save the world and win the heart of astrophysicist Jane Foster (Natalie Portman). Hemsworth is perfectly cast as the titular hero: he’s adept at bringing charm to a larger-than-life god. The script is a huge help, striking the ideal balance between action, drama, and humor. That’s right, Thor is seriously funny. On top of that, the effects are sensational. Sure, the 3D is once again unnecessary, but it’s admittedly kind of fun when you’re zooming through space. (2:03) (Peitzman)

The Topp Twins: Untouchable Girls It’s hard to name an American equivalent of New Zealand’s Topp Twins — a folk-singing, comedy-slinging, cross-dressing duo who’re the biggest Kiwi stars you’ve never heard of (but may be just as beloved as, say, Peter Jackson in their homeland). Recent inductees in the New Zealand Music Hall of Fame, the fiftysomething Jools and Lynda, both lesbians, sing country-tinged tunes that slide easily from broad and goofy (with an array of costumed personas) to extremely political, sounding off on LGBT and Maori rights, among other topics. Even if you’re not a fan of their musical style, it’s undeniable that their identical voices make for some stirring harmonies, and their optimism, even when a serious illness strikes, is inspiring. This doc — which combines interviews, home movies, and performance footage — will surely earn them scores of new stateside fans. (1:24) (Eddy)

Water for Elephants A young man named Jacob Jankowski (Robert Pattinson) turns his back on catastrophe and runs off to join the circus. It sounds like a fantasy, but this was never Jacob’s dream, and the circus world of Water for Elephants isn’t all death-defying feats and pretty women on horses. Or rather, the pretty woman also rides an elephant named Rosie and the casualties tend to occur outside the big top, after the rubes have gone home. Stumbling onto a train and into this world by chance, Jacob manages to charm the sadistic sociopath who runs the show, August (Christophe Waltz), and is charmed in turn by August’s wife, Marlena (Reese Witherspoon), a star performer and the object of August’s abusive, obsessive affections. Director Francis Lawrence’s film, an adaptation of Sarah Gruen’s 2006 novel, depicts a harsh Depression-era landscape in which troupes founder in small towns across America, waiting to be scavenged for parts — performers and animals — by other circuses passing through. Waltz’s August is a frightening man who defines a layoff as throwing workers off a moving train, and the anxiety of anticipating his moods and moves supplies most of the movie’s dramatic tension; Jacob and Marlena’s pallid love story feeds off it rather than adding its own. The film also suffers from a frame tale that feels awkward and forced, though Hal Holbrook makes heroic efforts as the elderly Jacob, surfacing on the grounds of — what else? — a modern-day circus to recount his tale of tragedy and romance. (2:00) (Rapoport)

*Win Win Is Tom McCarthy the most versatile guy in Hollywood? He’s a successful character actor (in big-budget movies like 2009’s 2012; smaller-scale pictures like 2005’s Good Night, and Good Luck; and the final season of The Wire). He’s an Oscar-nominated screenwriter (2009’s Up). And he’s the writer-director of two highly acclaimed indie dramas, The Station Agent (2003) and The Visitor (2007). Clearly, McCarthy must not sleep much. His latest, Win Win, is a comedy set in his hometown of New Providence, N.J. Paul Giamatti stars as Mike Flaherty, a lawyer who’s feeling the economic pinch. Betraying his own basic good-guy-ness, he takes advantage of a senile client, Leo (Burt Young), when he spots the opportunity to pull in some badly-needed extra cash. Matters complicate with the appearance of Leo’s grandson, Kyle (newcomer Alex Shaffer), a runaway from Ohio. Though Mike’s wife, Jackie (Amy Ryan), is suspicious of the taciturn teen, she allows Kyle to crash with the Flaherty family. As luck would have it, Kyle is a superstar wrestler — and Mike happens to coach the local high school team. Things are going well until Kyle’s greedy mother (Melanie Lynskey) turns up and starts sniffing around her father’s finances. Lessons are learned, sure, and there are no big plot twists beyond typical indie-comedy turf. But the script delivers more genuine laughs than you’d expect from a movie that’s essentially about the recession. (1:46) (Eddy)