Police

Tear up the budget

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EDITORIAL Here are a few of the new taxes in Mayor Newsom’s no-new-taxes budget.

The cost of sending your kid to a city day camp will jump 35 percent. The cost of after-school latchkey programs will go up 112 percent. It will cost a dollar more to swim in a public pool. Annual swim passes for seniors and people with economic needs will rise by $25. And that’s on top of the Muni fare hike. Fines, fees and licenses will go up a staggering 41 percent.

In other words, poor people who use city services will see their taxes — that is, the cost of using city services — go up significantly. But rich people, big business, Pacific Gas and Electric Co., property owners — they won’t pay anything more at all. (Of course, if you own a small tatoo parlor, your city fees will go up 1,200 percent.)

This is one of the essential lies of the Newsom budget. It’s not revenue-neutral at all; it just raises taxes on the poor.

It’s also not a budget that shares the economic pain fairly.

The Firefighters union is screaming that the supervisors might want to cut a little bit from that bloated agency, but their protests defy reality. In fact, the budget analyst has identified more than $6 million in relatively painless cuts to the Fire Department — and if the supervisors went along with those recommendations, the department would still be getting more than $1 million in increased funding. It’s hard to argue for cutting firefighting in a city built of wood that’s had a bad history with fires. But the reality is that San Francisco’s fire-suppression system was designed long before the days of fire codes, smoke detectors, and sprinklers, and there just aren’t as many fires these days. The budget analyst suggests — as the controller did in 2004 — that the city could temporarily close a few fire stations without any appreciable reduction in public safety.

Firefighters in San Francisco get pay and benefit parity with the cops — and the cops have gotten nice raises recently, in part because it’s been hard to recruit people to work for the San Francisco Police Department. On the other hand, there are 5,000 people on the waiting list to apply for a job as a San Francisco firefighter.

The Police Department’s due for a budget increase, too — of more than $15 million. The budget analyst suggests that $4 million of that could be cut without damaging law enforcement.

Then there’s the Mayor’s Office, where a staff of five people handle public relations for Newsom, at a cost to the public of $653,571. When Art Agnos was mayor in the late 1980s, he managed to get by with just one press secretary. The population of the city hasn’t changed; the number of reporters at City Hall has decreased. Why does Newsom need five times as many people in his communications office? And how much of that public money is actually being used to promote the mayor’s campaign for governor?

Those are just some of the revelations from the reports of the budget analyst and the hearings so far. And they add up to a budget situation that’s very different from anything the city has seen in years.

The Board of Supervisors typically tinkers with the mayor’s budget, changing a million here and a million there. This time the mayor has in effect declared war on the supervisors, appearing with the firefighters at rallies and denouncing board members (at one point Newsom told reporters, "Thank god we have a mayor.") The outcome of the current budget hearings will be a test for the progressive majority on the board, and particularly for president David Chiu. The board members have to be willing to essentially tear up the mayor’s budget, restructure the priorities, replace the fee increases with fair new taxes (even if it means including in the budget projections for tax measures to go on the November ballot), and eliminate the embarrassing waste. *

Vote on resolution to drop SF8 charges is postponed

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By C. Nellie Nelson

In the face of police officers already angry about proposed budget cuts, the Board of Supervisors this week delayed consideration of a resolution supporting the San Francisco 8 and urging charges to be dropped.

Last week, we reported that the Board of Supervisors’ Government Audit and Oversight Committee would hear a resolution urging the state attorney general to drop charges against the SF8, a group that’s now seven African-American men accused in the killing of a San Francisco Police Department sergeant 38 years ago. The case had been dropped in 1975 because the court found that the confessions constituting the main evidence were elicited under torture.

The Committee heard public comment from SF8 supporters and police officers on June 11 and sent the resolution to the full board on June 16, the day when all hell broke loose in City Hall. Then on June 13, the San Francisco Chronicle published an editorial challenging the resolution and a front page story on the day of the hearing include quotes from police officials using the resolution to argue the board was anti-cop.

Dueling rallies pit “public safety” against “safety net”

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By Rebecca Bowe

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Mayor Gavin Newsom joined the city’s police, fire and sheriff departments yesterday afternoon in protesting the Board of Supervisors’ move to slash funding to those departments in order to restore cuts to critical services that the mayor had included in his interim budget.

In essence, the mayor was sending a very divisive message, pitting one set of city employees against another. Because just a few yards away from Newsom’s rally, health and human service employees were holding an event of their own.

Standing upon a stage equipped with a very loud sound system and decorated with American flags, Newsom praised police and firefighters for being willing to step up and be part of the solution to the budget crisis. He was greeted warmly by cheering and drumming, and before they introduced him they blasted a song with the lyrics “A family affair.”

Across the street, public-health workers were joined by Sup. John Avalos in their own rally against the deep cuts to the department of public health. “All we’re asking is to give a little so that we can share the pain of this deficit,” Avalos said.

More train wrecks at BART

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By Tim Redmond

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Lots of trouble brewing at BART.

In a conference call yesterday, the unions representing BART workers talked about management’s insistence on a new contract — one that includes major concessions — by the end of June. That’s too soon, the union folks say; the BART proposal is too complicated and the system’s finances too confusing to sort out in just a couple of weeks.

In fact, when I asked the three union reps (Jean Hamilton of AFSCME, Jesse Hunt of ATU and Lisa Isler of SEIU 1021) whether they thought BART, even in these tough times, had enough money to meet the workers’ demands without further fare hikes, they insisted the money was there.

They also said that they won’t accept management’s plan to impose a new contract unilaterally July 1 — which means there could conceivably be a BART strike this summer. That would utterly screw up Bay Area transportation. I don’t think it’s going to happen, and neither, I gathered, did the union reps, but the threat is out there.

Meanwhile, the BART police oversight situation continues to deteriorate.

The cops and the carpetbaggers

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By Tim Redmond

The Chron’s Marisa Lagos got a nice little snipe in at the bombastic leader of the San Francisco Police Officers Association, Gary Delagnes, who was blasting the supervisors for asking cops and firefighters to share some of the financial burden of the budget deficit.

Police Officers Association President Gary Delagnes went even further, specifically attacking Avalos, the board’s budget committee chair.

“I’m sick and tired of carpetbaggers coming into this city and making decisions about how we live our lives and how we’re protected,” said Delagnes, who now lives in Novato. “I grew up here, I care about this city. It’s about time these idiots over here start caring about this city.”

What the fuck right does Delagnes, who doesn’t live in the city, doesn’t pay property taxes in the city, doesn’t even get to vote here, have to complain about Avalos (who has lived here for years and been an active part of the community)?

The truth is, a lot of the cops who whine about the supervisors don’t live here. They’re off in the suburbs, where there aren’t as many homeless people, poor people, people who need city services … and that’s the attitude these carpetbagger cops bring to City Hall.

This one’s ugly

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news@sfbg.com

The most painful and divisive city budget season in many years was just getting under way as this issue went to press, with dueling City Hall rallies preceding the June 16 Board of Supervisors vote on an interim budget and the board’s Budget and Finance Committee slated to finally delve into the 2009-10 general fund budgets on June 17.

Both sides have adopted the rhetoric of a life-or-death struggle, with firefighters warning at a rally and in an advertising campaign that any cuts to their budget is akin to playing Russian Roulette, while city service providers say the deep public health cuts proposed by Mayor Gavin Newsom will also cost lives and carry dire long-term costs and consequences.

Despite Newsom’s pledges in January and again on June 1 to work closely with the Board of Supervisors on budget issues, that hasn’t happened. Instead, Newsom’s proposed budget would decimate the social services supported by board progressives, who responded by proposing an interim budget that would share that pain with police, fire, and sheriff’s budgets — which Newsom proposed to increase.

Rather than simply adopting the mayor’s proposed budget as the interim spending plan for the month of July, as the board traditionally has done, progressive supporters proposed an interim budget that would make up to $82 million in cuts to the three public safety agencies and use that money to prevent the more draconian cuts to social services.

“It’s the start of a discussion to figure out what that number should be. I don’t know where we’re going to end up,” Sup. David Campos, who sits on the budget committee, told us.

Board President David Chiu said Newsom did finally meet with him and Budget Committee chair John Avalos on June 15 to try to resolve the impasse. But he said, “We didn’t hear anything from the mayor that would change where we were last week.” They planned to meet again on June 19.

“What we proposed represents the magnitude of the challenge we face this year,” Chiu said of the interim budget proposal, seeming to indicate that supervisors are open to negotiation.

The real work begins the morning of June 17 when the Budget and Finance Committee dissects the budgets of 15 city departments, including the Mayor’s Office, of which Avalos told us, “I don’t think the mayor has made the same concessions as he’s had other departments make.”

The next day, another 13 city departments go under the committee’s microscope, including the public safety departments that were spared the mayor’s budget ax and even given small increases, and the budget of the Public Defenders Office, where Newsom proposes cutting 16 positions.

“This creates a severe imbalance in the criminal justice system,” Public Defender Jeff Adachi told us. “Why is he cutting public defender services while fully funding police, fully funding the sheriff’s department, and essentially creating a situation where poor people are going to get second-rate representation?”

That theme of rich vs. poor has pervaded the budget season debate, both overtly and in budget priorities that each side is supporting.

 

BUDGET JUSTICE

Hundreds of people whose lives would be affected by cuts marched on City Hall under the banner Budget Justice on June 10. Some of San Francisco’s most vulnerable citizens, including homeless people, immigrants, seniors, and public housing residents, turned out for the march, chanting and waving signs asking the mayor to “invest in us.”

Sups. John Avalos and Chris Daly delivered resounding speeches mirroring the anger in the crowd, and promised to fix the budget by reallocating money to protect the city’s safety net. Daly charged that even as services to the city’s vulnerable populations are being slashed, “the politically connected and the powerful get huge increases.”

Avalos took the podium just before heading into City Hall to lead the Budget and Finance Committee meeting and implored the hundreds of people gathered out front to make their voices heard. “Mayor Newsom, he told us, he said, ‘We have a near-perfect budget.’ Do we have a near-perfect budget?” Avalos asked, and then paused while the crowd cried out, “Nooo!!!!!”

During an interview discussing Newsom’s budget priorities, Avalos twice made references to The Shock Doctrine, using the Naomi Klein book about how crises are used as opportunities to unilaterally implement corporatist policies. “We have a budget deficit that is real, but it’s being used to do other things,” Avalos said. “I look at it as a way to remake San Francisco. It’s a Shock Doctrine effect.”

He referred to the privatization of government services (an aspect of every Newsom budget), promoting condo conversions and gentrification, defunding nonprofits that provides social services (groups that often side with progressives), and helping corporations raid the public treasury (Newsom proposed beefing up the Mayor’s Office of Economic and Workforce Development by a whopping 32 percent).

“It’s things that the most conservative parts of San Francisco have wanted for years, and now they have the conditions to make it happen,” Avalos said.

Much of that agenda involves slashing services to the homeless and other low-income San Francisco and de-funding the nonprofit network that provides services and jobs. “There’s an effort to say nonprofit jobs aren’t real jobs, but they are an important economic engine of the city,” Avalos told us. Those cuts were decried during the June 10 budget rally.

“What people don’t realize,” Office & Professional Employees International Union Local 3 representative Natalie Naylor said, “is that everything that’s being proposed to be cut from the city is creating no place for homeless people to go during the daytime. I don’t think Newsom’s constituents realize that we’re going to see more homeless people on the street than ever before.”

Pablo Rodriguez of the Coalition on Homelessness told the crowd that he was furious that the mayor would make such deep cuts to social services. “Stop riding on the back of the homeless, and the seniors and the children and all the community-based organizations,” Rodriguez said. “Why make the poor people pay for the rich people’s mistakes? The poor people didn’t make the mistakes.”

 

WHOM TO CUT?

The public safety unions were equally caustic in their arguments. An announcement for the Save Our Firehouses rally — which was heavily promoted by members of the Mayor’s Office and Newsom’s gubernatorial campaign team — claimed that “the Board of Supervisors voted to endanger the progress that we’ve made in public safety by laying off hundreds of police officers, closing up to 12 out of 42 fire stations and closing part of our jail.”

Actually, all sides have said the interim budget probably won’t lead to layoffs, station closures, or prisoner releases, but those could be a part of next year’s budget.

Tensions temporarily cooled a bit in the days that have followed, but the two sides still seemed far apart on their priorities, mayoral spin aside. Asked about the impasse, Newsom spokesperson Nate Ballard told the Guardian, “The mayor has already included over 90 percent of the supervisors’ priorities in the budget. But he’s against the supervisors’ efforts to gut public safety. He’s willing to work with people who have reasonable ideas to balance the budget. Balancing the budget with draconian cuts to police and fire is unreasonable.”

Campos disputed Ballard’s figure and logic. “I don’t know where that number comes from,” Campos said. “A lot of the things we wanted to protect, the mayor cut anyway.”

Campos said Newsom’s slick budget presentation glossed over painful cuts to essential services, cuts that activists and Budget Analyst Harvey Rose have been discovering over the last two weeks. “I felt the mayor has done a real good job of presenting things to make it look like it’s not as bad as it really is,” Campos said.

 

COMMITTEE WORK

Avalos expressed confidence that his committee will produce a document to the full board in July that reflects progressive priorities.

“We’re going to pass to the full board a budget that we have control over,” Avalos said, noting that a committee majority that also includes Sups. Campos and Ross Mirkarimi strongly favors progressive budget priorities.

He also praised the committee’s more conservative members, Sups. Bevan Dufty and Carmen Chu, as engaged participants in improving the mayor’s budget. “I think the tension on the committee is healthy.”

Ultimately, Avalos says, he knows the board members can alter Newsom’s budget priorities. But his goal is to go even further and develop a consensus budget that creatively spreads the pain.

“Ideally, I want a unanimous vote on the Board of Supervisors,” Avalos said.

In the current polarized budget climate, that’s an ambitious goal that may be out of reach. But there are some real benefits to attaining a unanimous board vote, including the ability to place revenue measures on the November ballot that can be passed by a simply majority vote (state law generally requires a two-third vote to increase taxes, but it makes provisions for fiscal emergencies, when a unanimous Board of Supervisors vote can waive the two-thirds rule).

Avalos has proposed placing sales tax and parcel tax measures on the fall ballot. Other proposals that have been discussed by a stakeholder committee assembled by Chiu include a measure to replace the payroll tax with a new gross receipts tax and general obligation bond measures to pay for things like park and road maintenance, which would allow those budget expenses to be applied elsewhere.

But Avalos said Newsom will need to step up and show some leadership if the measures are going to have any hope of being approved. “To get the two-thirds vote we need to win a revenue measure in this bad economy is going to be really hard,” Avalos said.

“The mayor is open to new revenue measures as long as they include significant reforms and are conceived and supported by a wide swath of the community including labor and business,” Ballard said.

Sup. Sean Elsbernd — one of the most conservative supervisors — has repeatedly said he won’t support new revenue measures unless they are accompanied by substantial budget reforms that will rein in ballooning expenditures in areas like city employee pensions.

“Pension reform. Health care reform. Spending reform. One of the above. A combination of the above,” Elsbernd told the Guardian when asked what he wants to see in a budget revenue deal.

Avalos says he’s mindful that not every progressive priority can be fully funded as the city wrestles with a budget deficit of almost $500 million, fully half the city’s discretionary budget. “It’s a crappy situation, and we can make it just a crummy situation.”

Newsom’s telling tantrum

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By Steven T. Jones
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In today’s Chronicle, Mayor Gavin Newsom wonderfully illustrates some of the main points I made in this week’s cover story, playing petulant political games instead of trying to honestly work with the Board of Supervisors.

At issue is the board’s effort to prevent deep cuts in the social safety net and public health system by asking the police, fire, and sheriff’s departments – whose budgets Newsom proposes to increase while cutting everything else – to share some of the fiscal pain. Newsom used the disagreement to claim that it’s prevented him from being able to reach a contract with the new police chief.

“This board acted without my understanding of their intent,” he told the Chron. “It’s a very dangerous game. I don’t know what they’re trying to do. I am stunned. Thank God we have a mayor.”

Unfortunately, we have a mayor who disingenuously promised – twice — to work closely with the supervisors on budget revisions, but couldn’t manage to walk down the hall or pick up a phone to learn “their intent” and “what they’re to do.” Instead, he simply lashes out and tacks on the ridiculously pompous self-praise.

But thank God we have progressive supervisors who resist getting sucked into this transparent ploy to pander to cops and firefighters and play to people’s fears. “I’m surprised at the mayor’s emotional reaction to a legitimate, genuine policy debate,” board President David Chiu told the Chron. “When he calms down, I look forward to working with him to develop a budget that reflects our shared policy priorities.”

The Chron misquotes Campos

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By Tim Redmond

Sup. David Campos, who has been not only a solid progressive vote but a strong leader on city budget issues, is getting slammed today for his comments about white men — comments that were misquoted and taken out of context by the Chronicle.

Campos and Sups. Chris Daly and John Avalos have been pushing back — hard — against the bad priorities and brutal cuts in Mayor Gavin Newsom’s budget.

In fact, in a stunning political move that sets the tone for what will be a contentious budget debate, the supervisors Budget Committee yesterday sought to shift some $80 million from law-enforcement to social services. The move came during debate on what’s usually a routine issue — approving an interim budget to keep the city going for a few weeks, between the time the supervisors start discussing the budget and the time they finally approve it.

On a 3-2 vote, the committee declined to sign off on the mayor’s interim plan and instead set very different priorities. That won’t have any immediate impact (Newsom won’t have to cut police and fire spending in July) but it sent a message that this board isn’t going to simply tinker with the budget. There’s going to be a complete overhaul.

In the process, Campos blasted Newsom’s claim that the budget was nearly “pefect,” saying that “It’s a perfect budget only if you’re a wealthy, straight white man from Pacific Heights.” That’s possibly a bit of hyperbole, but it’s generally accurate — the budget is fine if you don’t want to pay more taxes and you don’t need the sort of city services that working-class and poor people rely on.

But the Chron got the quote completely wrong. In the edition that hit the streets this morning, Marisa Lagos quoted Campos as saying the budget was perfect “if you’re a straight, white male.” That, obviously, made the comment far more inflammatory — there are, as Campos well knows, plenty of poor people who are straight, white and male. “I’ve been getting hate emails, nasty calls, people calling me a racist,” Campos told us.

BeyondChron busted the Chron this morning for getting the quote wrong, and it’s corrected now in the online version. Campos isn’t backing down: “I stand by what I said. We are devastating services for poor people and people of color,” he said.

So the budget battle begins, with a bang. Good for Campos, Avalos and David Chiu, who voted to shift the budget priorities; they realize, as does anyone who goes beyond political soundbites and stops to think about it, that cutting health and human services leads to more crime, and that paying more for cops isn’t the only — or even the best — way to keep the public safe.

Pink Saturday is on

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By Megan Rawlins
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Photo of Pink Saturday by Kevin Goebel

After weeks of debates about its fate, Pink Saturday is on for Saturday, June 27. Late last week, an agreement was reached between the Sisters of Perpetual Indulgence, who host the event, and city officials.

In the end, as always, it comes down to money. The city argued it couldn’t afford to foot the bill for the police officers needed to patrol the event. Unlike many other events in the city that are required to pay for all costs associated with policing them, Sgt. Mark Solomon of San Francisco Police Department’s field operations unit said the city will again “absorb” the cost of the officers. Pink Saturday is one of just a handful of longtime events that were grandfathered in before “full cost recovery” became the official city policy.

The new agreement reduced the number of beer stations from eight to five, easing some of the demand – and thus cost – on the PD. Beer stations are new to Pink Saturday and are an attempt by the Sisters to raise more money from the event. Much of the money raised is given to non-profit organizations that support the LGBT community.

It was the initial addition of beer stations that got the permitting process all snarled up. “When you shift from non-alcohol to alcohol event, the whole equation changes,” Solomon said. But the final answer remains the same: We’ll see you in the Castro on the 27th.

SF8 case postponed; Supervisors consider support

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By C. Nellie Nelson

Most people wouldn’t think to start the workweek with a dance party in the chilly morning fog, the Brass Liberation Orchestra had the crowd gathered at the Hall of Justice jumpin’ at 8 a.m. Monday. A couple hundred people sang along to “Drop the charges,” distributed papers with case details, and carried “Free the SF8” signs.

They were calling for the charges against the San Francisco 8 to be dismissed. The eight are a group of black community leaders charged in a 37-year-old killing of a police officer. Inside, the group had their day in court, with a preliminary hearing to determine whether they’ll face trial, although it was postponed to July 6.

Meanwhile, the Board of Supervisors Government Audits and Oversight Committee will tomorrow consider a resolution supporting the SF8 and asking the case be dropped because its evidence was tainted by torture.

Finally, justice

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It’s not every day a journalist helps overturn life sentences and win multimillion dollar settlements for the aggrieved parties. But that’s exactly what happened last week when San Francisco reportedly agreed to pay $4.5 million to John Tennison, who spent 13 years behind bars for a crime he didn’t commit.

Tennison and his alleged accomplice, Antoine Goff, who were sentenced to life for the execution of Roderick "Cooley" Shannon in 1989, were still behind bars when former Guardian reporter A.C. Thompson dug into their case in 2001.

At the time police linked Shannon’s murder to a war between hoodsters in Visitation Valley and Hunter’s Point over control of the drug trade. Tennison and Goff both had alibis. As Thompson revealed ("The Hardest Time," 01/17/01), witnesses were coached to lie that the pair had committed the murder. In addition, defense lawyers weren’t told about witnesses who said the men were innocent or that a man named Lovinsky Ricard confessed to the crime.

When the Guardian published "The Hardest Time" as a cover story in 2001, Tennison’s brother, who worked in a parking lot near the Keker & Van Nest law office, put copies on the windshield of every car hoping lawyers would read it and offer to help. That’s what happened.

Two of the Keker firm’s associates, Ethan Balogh and Elliot Peters, picked up the case and helped SF Public Defender Jeff Adachi and a team of lawyers win Tennison and Goff’s freedom, working for three years pro bono.

Although it’s a triumph that the city agreed to compensate Tennison (a similar claim by Goff is pending), Shannon’s killer is still at large. In addition, former SF Police Chief Earl Sanders, detective Napoleon Hendrix, and prosecutor George Butterworth walked away without so much as a reprimand, even though Thompson ("The Chief’s other legal problem," 03/05/03) suggested they may have unethically helped put Tennison and Goff behind bars.

In 2003, when Tennison’s sentence was overturned, Thompson wrote: "After my journalistic probe, I felt fairly certain that a terrible injustice had been done, that Tennison and Goff had not killed Shannon, that police and prosecutors had engaged in dubious behavior, and that the real executioner was walking the streets. Still, I never expected the two men to go free. The criminal justice system is stacked against convicts who assert their innocence."

Editor’s Notes

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Tredmond@sfbg.com

The long, long battle to get civilian oversight for the BART police is coming to a head, and the BART Board could be voting soon on a proposal. To nobody’s surprise, the battle lines pit the community activists, the progressives on the BART Board, and police-review experts against the BART police and general manager.

In essence, the cops and the GM want to be sure that the police chief or the general manager (who hires and fires the chief) have the final say over any police discipline. The community wants either the BART Board or an independent citizen commission to have the final say.

It’s a crucial issue, as we’ve seen over and over again in San Francisco. Police chiefs don’t tend to be terribly good about taking disciplinary action against the troops; they all started in the rank and file themselves, and they’re close with the others on the "Thin Blue Line," and when one of their own is criticized, they circle the wagons. Most chiefs don’t want any sort of civilian review that undermines their authority.

BART is leaning toward creating an independent police auditor, which could work — but only if the auditor (who would report to the BART Board) has the authority to go over the chief’s head. If the auditor finds evidence of misconduct and the chief won’t file charges, or the chief finds misconduct and imposes discipline so mild it’s pointless, the auditor has to be able to appeal. And the best forum for that appeal is a citizen commission.

At the June 8 meeting of BART’s police policy subcommittee, the two representatives of the police union flat out refused to go along with that idea. So did General Manager Dorothy Dugger, who has never been very supportive of police reform. But a 5-4 majority of the committee, including board members Tom Radulovich and Lynette Sweet, seems in favor of model that at least has the outlines of positive reform.

And if the BART Board — which is not the most progressive institution on the planet (and not the hardest-working or most effective, either) decides to go with the cops on this one, Assembly Member Tom Ammiano will have all the evidence he needs to pass a bill in Sacramento forcing BART to do this right. *

Dismantling the Newsom budget

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EDITORIAL Mayor Gavin Newsom was upbeat when he delivered his budget proposal last week. It won’t be that bad, he told everyone — "At the end of the day, it’s a math problem."

Well, actually, it’s not. At the end of the day, it’s job losses, major cuts to city services, and hidden taxes — most of them, despite the mayor’s rhetoric, falling on the backs of the poor.

You can’t cut $70 million from the Department of Public Health — which is already operating at bare-bones levels after years of previous cuts — without significant impacts on health care for San Franciscans. You can’t cut $19 million out of the Human Services Agency without badly hurting homeless and needy people. You can’t raise Muni fares to $2 without taking cash out of the pockets of working-class people. The mayor’s cheery line may sound good when he’s out of town running for governor, but it’s not going to play so well on the streets of San Francisco.

Just for the record, here are a few of the proposed cuts:

A 21-bed acute psychiatric unit would be shut and replaced with an 18-bed unit for milder cases. Where would the seriously mentally ill go?

The number of home-healthcare workers, the folks who take care of the very sick who need skilled clinical services in the home, would be cut by 30 percent. Those clients would either suffer, go to (expensive) hospitals, or die.

Ongoing outpatient mental health services would be limited to the most severe cases. People who are, for now, only moderately mentally ill would lose access to care (until, without care, they become severely mentally ill).

The emergency food-bag program for seniors will lose $50,000, so hungry senior citizens won’t get to eat.

Almost $3 million will be cut from community-based organizations that provide direct, frontline services to the homeless.

Almost half of the city’s recreation directors — people who provide direct services and mentoring to at-risk youth — will be laid off.

The Tenderloin Housing Clinic Eviction Defense Center, the only place that offers free legal defense for Ellis Act evictions, will lose funding, leaving hundreds of tenants at risk of losing their homes.

Drop-in centers will close. Programs for homeless youth will shut down. More homeless people with increasingly more serious mental illness will be wandering the streets with nowhere to go for help.

Mayor Newsom brags in his campaign ads about creating private-sector jobs — but the budget will mean layoffs not just for city employees but for perhaps 1,000 nonprofit workers. That dwarfs the job creation he’s claiming — and defies the Obama administration’s call for government and private business to try to preserve and create jobs.

This isn’t a math problem. It’s a political problem, and the supervisors need to make it very clear that the mayor’s budget isn’t going to fly.

The supervisors need to take the budget apart, piece by piece, and reset its priorities. Newsom increases funding for police investigators by $7 million, while cutting the Public Defender’s Office by $2 million. He’s preserving his own bloated political operation (a big press office, highly paid special assistants and programs like 311 that are part of his gubernatorial campaign) while eliminating big parts of the social safety net. He’s raising bus fares, but not taxes on downtown.

"The mayor has presented his vision," Sup. John Avalos, who chairs the Budget Committee, explained. "Now our priorities have to be presented."

This can’t be a modest, typical budget negotiation with the supervisors tweaking a few items here and there. This is a battle for San Francisco, for its future and its soul, and the supervisors need to start talking, today, about how they’re going to fight back. *

If Manheimer is SF’s next top cop, will Newsom push Villa-Lobos in D6?

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Is this the face of San Francisco’s next top cop?

Text by Sarah Phelan

Back in February, I asked mayoral spokesperson Nathan Ballard if San Mateo police chief Susan Manheimer was Newsom’s top pick to replace SFPD Chief Heather Fong.

I asked because the Community Leadership Alliance was promoting Manheimer hard and seems to have the insider edge within Camp Newsom.
(CLA lists the Chamber of Commerce’s Rob Black—Newsom’s unsuccessful pick to replace D6 Sup. Chris Daly in 2006—as honorary Chair, Scott Caroen as Chair, Troy Hammer, David Muhammad, Christopher Rosas and Joseph Alioto Veronese and Angela Alioto as advisers, and David James Villa-Lobos as director.)

Ballard’s reply, which I included in the Guardian’s story about San Francisco’s dysfunctional public safety system, was that, “It would be wildly premature to comment on the Mayor’s preference for police chief at this time. “

This was of course before Fong demoted veteran police office Greg Suhr to captain, before the domestic violence victim whose case was used to demote Suhr claimed that Suhr’s actions saved her life, various other candidates had their names leaked to the press, and before the Examiner’s Ken Garcia accused Fong of trying to burn down the whole department.

But now the Chronicle is claiming that Manheimer could very well be SF’s next top cop, because she spent 16 years in the SFPD before heading to San Mateo, the powerful SF Police Officers Association feels it can work with her, and the choice will allow Newsom to appear to be choosing a department outsider.

Suhr, Deputy Chief Kevin Cashman, and Pasadena Police Chief Bernard Melekian, are reportedly still in the running.

Meanwhile, I’m left wondering if Newsom is going to back CLA director Villa-Lobos for D6 in 2010, becausethe two are photographed posing together on CLA’s website and the group seems to have its finger on Newsom’s pulse.
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David James Villa-Lobos poses with MGN

Newsom’s winning the budget spin

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By Tim Redmond

The mayor is winning the spin battle over the city budget. The Chron’s first-day story tells the tale:

San Francisco Mayor Gavin Newsom unveiled a $6.6 billion budget Monday for the 2009-10 fiscal year that he said “does a lot of extraordinary things” including bridging a half-billion-dollar deficit without raising taxes or laying off police officers, firefighters or teachers.

“It’s not perfect, but it’s as close to perfect, under the circumstances, as we could make it,” he said. “We did this without the devastation some had predicted.”

The Chron editorial the next day parrots the Newsom line:

San Francisco mayor Gavin Newsom acknowledges the obvious about next year’s budget: “It’s not perfect.” But his spending plan bridges a nearly half-billion dollar gap that existed three months ago and leaves basic services and schools in good shape.

Actually, that’s completely untrue — the devastation is going to be pretty serious. And basic services won’t be in good shape, they’ll be shredded.

But the progressives on the Board of Supervisors haven’t made that case yet — and it’s time to get started.

If we wait until the budget hearings, in a couple of weeks, the board will be on the defensive. It’s taken everyone a couple of days to figure out what’s in and out of the budget, but we know enough to understand the impacts — and we know enought to be able to argue that without some serious new revenue, the city’s going to be in horrible shape.

The mayor has, of course, dumped the budget off and fled for a fundraiser in New York . The leaders of the progressive wing on the board ought to be planning a press conference — soon — to tell the other side of the story, and they ought to be presenting an alternative fact sheet showing what Newsom really has in mind for the city.

The supervisors typically change just a tiny fraction of the budget, but this year’s going to be different. It will be — it almost has to be — a major battle over public priorities. And if the mayor sets the agenda and controls the public debate, the outcome won’t be pretty.

Finally, some justice for John “J.J.” Tennison

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Text by Sarah Phelan
As the Chronicle reports today, the city has agreed to pay $4.5 million to John “J.J.” Tennison, who spent almost 14 years in prison for a crime he didn’t commit.

What the Chronicle doesn’t mention is the work of former Bay Guardian investigative reporter A.C. Thompson, whose award-winning series on the case went a long way in helping to reverse the conviction of Tennison and his alleged accomplice Antoine Goff, who were sentenced to life for the execution of Roderick “Cooley” Shannon in a lonely Vis Valley parking lot in August 1989.

“After my journalistic probe, I felt fairly certain that a terrible injustice had been done, that Tennison and Goff had not killed Shannon, that police and prosecutors had engaged in dubious behavior-and that the real executioner was walking the streets,” wrote Thompson in September 2003, shortly after Tennison’s life sentence was overturned.

And while it’s a triumph of sorts that the city has agreed to compensate Tennison, whoever executed the 18-year-old Shannon almost 20 years ago, “with shotgun blasts to the shoulder and head,” as Thompson’ reported in 2001 in his kick-off piece “The Hardest Time,“is still at large.

When Thompson started digging into the case in 2001, he found that “police linked Shannon’s murder to a raging war between hoodsters from Vis Valley and Hunter’s Point. Young people-mostly African American-in the two housing project-heavy districts were waging a bloody battle for control of the drug trade, a battle that had escalated into a string of life-for-life revenge killings.”

Both Tennison and Goff had alibis, but even as Thompson dug deep and masterfully laid out at the weaknesses, flaws and inconsistencies in the so-called evidence against them, he wasn’t holding his breath that justice would be served.

“Still, I never expected the two men to go free,” Thompson admitted in 2003. “The criminal justice system is stacked against convicts who assert their innocence.”

But after another judge freed Tennison’s codefendant, Antoine Goff, who was serving 27 years to life, and a Superior Court judge declared both men innocent, Tennison and Goff sued in federal court, saying the city had violated their civil rights.

Last month, the city attorney’s office reached a proposed settlement with Tennison. Goff’s case will go on trial later this year.

But to date, former Chief of Police of San Francisco, Earl Sanders, Detective Napoleon Hendrix, and other police officers associated with the CRUSH violent crimes unit, which was involved in investigating the case, and prosecutor George Butterworth, have walked away unscathed, even though Thompson dug up all kinds of evidence that suggested that the police had engaged in misconduct in helping to put Tennison and Goff behind bars.

As Thompson’s articles revealed, witnesses were coached to lie that Tennison and Goff committed the murder. The existence of witnesses who said that the men were innocent and that another had done the killing were hidden from the defense. And when someone confessed to the crime, they didn’t tell the defense.

This malpractice of the law and malfesance lead to Tennison and Goff rotting behind bars for thirteen years. But after Thompson’s initial cover story on Tennison, The Hardest Time, came out in 2001, Tennison’s brother, who worked in a parking lot near the offices of noted defense lawyer John Keker, put copies of the article on the windshield of every car, hoping some lawyer would read it and offer to help. And that’s what happened.

Two of Keker’s associates Ethan Balogh and Elliot Peters picked up on the case and helped Public Defender Jeff Adachi and a team of lawyers win Tennison’s freedom, work ing their asses off for three years pro bono.

Thompson has previously stated that he’d like to write a book when the whole saga plays itself out, called A Black on Black Crime, “because the two homicide detectives were famous African-American detectives, and the two dudes who were framed were innocent average black dudes from the hood.”
He couldn’t be reached for comment today, but here’s hoping he’s polishing the final chapters, right about now.

Shadowboxing

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a&eletters@sfbg.com

"Explosive action" may be the stuff of soppy pullquotes, but the term takes on fresh life watching the 1950s noirs of Phil Karlson. All action movies give us men and violence, but Karlson’s pictures, to a rare degree, are about men living with violence. Punches aren’t redemptive, they just hurt — the one throwing them too. Take the clenched former prizefighter in 99 River Street (1953), Ernie Driscoll (played by Karlson’s preferred actor, the aggressively nondescript John Payne). "I’m so burned up, I take it out on everyone I see," Driscoll mutters to his loyal friend after tossing him against a car in the white heat of rage. When he finally does have reasonable cause, his maelstrom of punches exceeds the pleasure principle of vengeance by a wide margin.

If this sounds like Scorsese territory, it’s probably worth mentioning that Driscoll isn’t just a broken heavyweight — he also drives a taxi. Karlson’s movies are tightly-coiled enough to make the decades slip just like that: 99 River Street has enough weird transferences and reversals to make me wonder if it’s not a worm-hole to David Lynch’s films as well. The fabulous streaks of paranoia running through the PFA selections are Cold War to the core, but the films hurdle us so quickly and illogically towards the edge of abnegation that the reactionary myth of the vigilante isn’t given time to flourish.

Karlson recouped the debt owed by Dirty Harry and The French Connection (both 1971) with his 1973 hit, Walking Tall, but the ’50s films are more eloquent by far. In them, brutality is simply a fact, like cigarettes or hats. The most severe scenes are sometimes the quietest, as is the case when Eddie Rico (Richard Conte) has to wait out his brother’s death after unwittingly acting as a crime syndicate’s bloodhound in The Brothers Rico (1957, based on a story by Georges Simenon).

Other set-ups — nearly the entire second half of the remarkable semi-documentary The Phenix City Story (1955), cowritten by Daniel Mainwaring (1956’s Invasion of the Body Snatchers), with the same basic premise as Walking Tall — hardly give us room to breathe. The film’s corrupt Alabama police look the other way as local "vice peddlers" terrorize citizens, rig an election, and — remember this is 1955 — murder the children of a black man with reformist sympathies in broad daylight. The smug veneer of cordiality does nothing to disguise the constant threat of violence. To the contrary, it serves as an extra taunt, a superfluous flexing of power as enraging here as it is in Barbara Kopple’s documentary, Harlan County USA (1976). A trinity of resistance fighters (one of them a lawyer freshly returned from Nuremberg, an encounter with evil that still leaves him unprepared for Phenix City) can and do fight back, but resist administering the final coup de grace. They do so in deference to due process, but we’re long past a constitutional triumph, à la Young Mr. Lincoln (1939). The dark truth lurking just under The Phenix City Story‘s roiling surface is that the noble ideal these republicans embody may not actually exist.

TIGHT SPOT: PHIL KARLSON IN THE FIFTIES

June 5–26, $5.50–$9.50

Pacific Film Archive, 2575 Bancroft, Berk

(510) 642-5249, www.bampfa.berkeley.edu

Round one

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sarah@sfbg.com

The Board of Supervisors’ narrowly thwarted attempt to reject the Municipal Transportation Agency’s 2009-10 budget was the first in a wave of anticipated showdowns between Mayor Gavin Newsom and the progressives this summer as budget season gets underway.

The mayor appeared to win this particular showdown when the board voted 6-5 not to reject the MTA deal May 27, although the skirmish helped progressives voice their concerns over Newsom’s budget priorities. It also gave board President David Chiu the opportunity to conduct a masterful interrogation of MTA executive director Nat Ford that set the stage for Sup. John Avalos to try to place a charter amendment on the November ballot that would make MTA more accountable and accessible.

That said, the final MTA deal — which closes a $129 million deficit on the backs of Muni riders (through service cuts and fare hikes) rather than motorists (MTA governs all parking revenue) by a ratio of about 4-1 — seems to be inconsistent with San Francisco’s official "transit-first" policy.

Chiu was the first to suggest rejecting the deal when it became clear that the Mayor’s Office has been using the MTA as a backdoor ATM, authorizing $66 million in work orders for things like salaries for Newsom’s environmental aides and compensating the police department for vaguely defined security services.

The practice made a mockery of Prop. A., which voters approved in 2007 to increase funding to Muni by $26 million annually. But since then, work orders from unrelated city departments, including the police and Newsom’s 311 call center, had increased by $32 million.

"If people have to pay more for less, they will stop taking Muni," Chiu said at the May 6 Budget Committee hearing on the MTA budget.

Sup. David Campos also took issue with the work orders and service cuts. "Whatever money riders of Muni pay into the system should be used for public transportation," Campos said.

In the end, Chiu got the agency to trim $10 million from its budget, restore $8.6 million in proposed Muni service cuts, and delay the increases that seniors, youth, and the disabled will pay for fast passes. In exchange the board voted 6-5 May 12 to drop its MTA’s budget challenge, allowing fares to increase to $2 and for services to be reduced. Sups. Campos, Avalos, Ross Mirkarimi, Chris Daly, and Eric Mar dissented.

"We needed to work this out so we can move forward on the myriad issues before us," Chiu said.

But led by Avalos, who chairs the board’s powerful Budget and Finance Committee, the progressives revived the issue the next day. "Given our grave economic crisis, we owe it to seniors, youth, and other low-income Muni riders to come up with a better budget, one that ensures Muni accessibility and accountability," Avalos said.

Instead of increasing fares and cutting services, Avalos suggested that the MTA extend meter hours to evenings and Sundays. For a moment, it looked as if the progressives would be able to muster the seven votes needed to reject the deal. Ultimately Chiu, Sophie Maxwell, and the other MTA budget opponents stuck to the deal, which was reapproved May 27.

But the episode underscores why Avalos wants to reform the composition of the MTA board. Currently the mayor appoints all seven members. The only thing the supervisors can do is confirm or reject his nominations.

The mayor also appoints MTA’s executive director. Under Newsom, Ford was hired to the post for $316,000 annually, making him the city’s highest paid employee and someone who feels accountable to the mayor. "In all the cities, the mayor takes the heat for the transit system," Ford told the Guardian when challenged on his agency’s seeming lack of independence.

But under Avalos’ amendment, the mayor and the Board of Supervisors would each nominate three board commissioners while voters would elect the seventh. "The new MTA board composition will create greater checks and balances and also ensure that the MTA director is not solely accountable to one person, but to a board that is more representative of the city and county of San Francisco," Avalos said.

MTA now faces an additional $10 to $16 million deficit, thanks to union negotiations and fears that the state will raid city property tax and gas tax coffers. But as part of his budget deal with Chiu, Ford promised that the agency would study extending parking meter enforcement hours to close the gap.

Confirming that the agency dropped a $9 million a year proposal to extend meter hours citywide after receiving input from merchants, Ford said that "we’ll clearly have to revisit parking. We’ll be looking at how to administer extended meter hours, and how that impacts churches if we do it Sundays. But we are sitting here with a structural deficit that’s been going on for decades. We need to figure out the revenue streams we need to enhance the system."

Campos thought that a progressive Board of Supervisors should have gotten a better MTA budget. "As Sup. John Avalos and I pointed out, there’s almost nothing different between this budget and what was presented last week," Campos said. "I think it’s an illustration of how it is not enough to have power. You have to be willing to use it."

But Chiu defended his deal as a necessary way out of the board conflict with Newsom’s office. "Nat Ford has committed publicly and privately that he will propose meter hour change. And MTA Board President Tom Nolan has committed that he will ensure that car owners pick up more of the burden, and that if the budget gets worse, the additional problems won’t be balanced on the backs of Muni riders, which was not something we heard last week," Chiu said.

Avalos was less sanguine: "It was a clear moment for the Board of Supervisors to support transit-first and the city’s most vulnerable residents."

But he felt that concerns about the deal, and the realization that Newsom is an increasingly absent mayor, will help voters see the need for MTA reform.

"There wasn’t a single MTA commissioner or director accessible or accountable to the greater part of San Francisco. But they were responsive to Room 200, the Mayor’s Office," Avalos said. "Clearly, we need greater checks and balances."

Mirkarimi observed how, when faced with a crisis, people make practical decisions. "What gets lost when we are in crisis mode is our larger objective," he said. "We are a transit-first city that has strong climate change legislation, and Mayor Gavin Newsom is constantly campaigning on green issues. So it’s counterintuitive for us to broker an MTA budget on the backs of Muni riders and not understand that this deal could diminish that ridership."

But MTA spokesperson Judson True believes that what got lost in the discussion is that, as a result of Proposition A, the agency adopted a two-year budget that slapped drivers with increased rates and fees in 2008 while Muni riders and services were mostly spared.

Things changed, True said, when the economy tanked in 2008 and the MTA was left facing an unprecedented deficit. "At that point we reopened the budget and put everything on the table," True said.

Either way, Chiu has been urging supervisors to move on and focus on the next big thing: the mayor’s budget. "There’s a half-billion dollar hole in this budget," Chiu said last week. "It’ll make this debate look like child’s play."

Steven T. Jones contributed to this report.

Shrinking government

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steve@sfbg.com

Mayor Gavin Newsom released his proposed 2009-10 city budget June 1, proclaiming it far better than doomsayers predicted and emphasizing how he minimized cuts to health and human services that he once said could be as deep as 25 percent in order to bridge a $438 million budget deficit.

"It doesn’t come close to balancing on the backs of our health and human services agencies, as some had feared," Newsom told the department heads, elected supervisors, and journalists who were tightly packed into his office for the announcement event.

But there’s still plenty of pain in a city budget where the General Fund — the portion of the budget local officials can control — would be reduced by more than 11 percent, its only reduction in recent memory. And at a time when every reasonable Democrat in Sacramento has been nearly begging for tax hikes to prevent budget blood, San Francisco’s Democratic mayor proudly proclaimed that there are no new taxes in the budget.

"We didn’t raise taxes, and we didn’t borrow," he said. You can almost hear that line being repeated in the ads he’ll be running as he campaigns for governor.

Newsom proposes slashing the city’s public health budget by $128.4 million, or 8 percent (a total of 400 employees), while the human services budget would take a $15.9 million hit, or 2 percent. "That’s a lot, but by no means is it devastating," Newsom said, noting that he restored some of the deepest cuts that were the subject of alarming public hearings. "I listened to the public comments at the Board of Supervisors… Things got a lot better than the headlines and the hearings."

The proposed budget includes 1,603 full-time-equivalent layoffs, or a 5.8 reduction in the city’s workforce, trimming more than $75.5 million from the general fund budget. In addition, the Department of Health and Human Services is cutting back its workweek to 37.5 hours to further trim costs.

"The smoke hasn’t cleared yet and there’s a lot of devastation in this budget that isn’t being talked about," Sup. John Avalos, who chairs the Board of Supervisors Budget Committee, said at the event. Newsom’s budget will be analyzed and then face its first committee hearing June 17, with approval by the full board required by July 31.

"The mayor told us a lot about what’s in the budget, but not a lot about what’s not in the budget, so we’ll spend a few days figuring that out," board President David Chiu told the Guardian.

The budget was aided greatly by more than $80 million in federal stimulus funds and other one-time revenue sources (such as $10 million from the sale of city-owned energy turbines) that were used to plug this year’s gap and offset cuts by the state and depressed tax revenue.

Although Newsom doesn’t want to raise taxes, licenses and fees would go up 41 percent, increasing revenue by $64 million to $220 million. Some of those proposed fee hikes range from the cost of parking in city-owned garages to admission fees for city-owned facilities such as the Strybing Arboretum. Muni riders will also see fares hiked to $2.

There will also be deep cuts to some key city functions. The Department of Emergency Management would take a 24 percent cut under the mayor’s plan, while the Department of Building Inspection faces a 20 percent cut to expenditures and a 29 percent reduction in staff.

The Planning Department would also take a hit of about 7 percent, with most of that focused on the department’s long-range planning functions, which were slashed by 19 percent to $4.7 million.

But it’s not an entirely austere budget. The police and fire departments have status quo budgets with no layoffs. Travel expenses would increase 13.5 percent to $2.9 million and the cost of food purchased by the city would rise 127 percent to $7 million.

The Mayor’s Office of Economic and Workforce Development — which often uses public funds to subsidize private sector projects — would get a 32 percent increase, to $24.7 million.

It’s unclear how much the Mayor’s Office has shared the budget pain. During the presentation, Newsom said his office’s budget has been cut by 28 percent, but he later clarified that was spread over the five years he has been mayor. Yet even that is tough to account for given that some functions have been shuffled to other departments.

The document shows a proposed 60 percent increase in the Mayor’s Office budget, although the lion’s share of that comes from the Mayor’s Office of Housing’s one-time financial support for some long-awaited projects, including rebuilding the Hunters View housing and support services project for low-income people connected to the Central YMCA, and an apartment project on 29th Avenue for people with disabilities.

Avalos has said he will look to find money by cutting some of the highly paid policy czars and communications specialists added to the Mayor’s Office in recent years, as well as Newsom’s cherished 311 call center and the Community Justice Court he created. Supervisors are also expected to resist Newsom’s penchant for privatization. Newsom proposed to privatize seven city functions, from jail health services and security guards and city-owned facilities, and to consolidate another 14 functions between various city departments.

Newsom pledged to work with supervisors who want to change the budget, continuing the rhetoric of cooperation that he opened the budget season with in January, which supervisors say hasn’t been matched by his actions or the secretive nature of this budget. "This budget is by no means done," Newsom said. "It’s an ongoing process."

In fact, Newsom warned that the budget news could be even worse than his budget outlines. Gov. Arnold Schwarzenegger is talking about new cuts that could total $175 million or more for San Francisco only, although Newsom only included $25 million of that in his budget because it went to the printer on May 22 and the total hit is still unclear. "So," Newsom said, "we’re by no means out of the woods."

Stop the pube police!

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By Juliette Tang

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There is a famous hairy ball theorem in algebraic topology which states that, on a spherical object, there is no non-vanishing continuous vector field. Basically, if you have a hairy ball, mathematically speaking, you cannot flatten all the hairs so that they all lay down smoothly. Some hairs will always stand up straight or create a bald spot where the scalp of the ball will show through.

Or, as famously stated by Luitzen Egbertus Jan Brouwer in 1912, “you can’t comb a hairy ball flat without creating a cowlick” — an assertion was also stated from time to time by Brouwer as “You can’t comb the hair on a coconut.”

The truth and practicality of this theorem has never been quite as urgent as it is today. With the launch of a recent ad campaign encouraging men to shave their balls, the hairy ball theorem has become not merely a principle associated with mathematics, but one that we can and must apply to real life. Just as you can’t comb a hairy ball without making it look all bent out of shape, you can’t really shave your man groin without expecting something funky to happen when the hair starts fighting back. Hairless balls may sound somewhat appealing if you’re a frequent teabagger, but sandpaper-covered stubbly balls definitely do not. Equally unappetizing are balls covered in razorburn or rash due to frequent shaving.

Ball shaving is one sex trend I cannot excited about.

Vigil for Hugues de la Plaza this Saturday

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Will the French be able to crack a case that has baffled SFPD investigators?

Text by Sarah Phelan

The mystery surrounding the death of Hugues de la Plaza began on June 2, 2007, when a neighbor noticed blood on the front porch of his Hayes Valley apartment. Two years later, friends of the 36-year-old de la Plaza, who had dual French and American citizenship, are holding a vigil to keep attention on the case, which, they believe, remains unresolved by the SFPD, because of failure of leadership at the highest levels of San Francisco city government.

And his grief-struck parents are offering a $100,000 reward for information on the case.

A January 2008 San Francisco Medical Examiner/Investigator’s report, concluded that the cause of de la Plaza’s death was “multiple stab wounds” but that the manner was “undetermined.”

“On 06/02/2007 at about 0810 hours a neighbor of the subject came out of his apartment to the front porch to collect his newspaper,” stated the report. “He noted a large amount of blood drops on the porch, a blood trail leading to the subject’s apartment, and blood dripping from the subject’s apartment door knob.”

After emergency services were contacted, police got into de la Plaza’s apartment by forcing entry through a back dead-bolted door.

“Investigation at the scene revealed the subject, dressed in cut away street clothing and shoes, to be supine in the front room of his apartment,” the investigator’s report continued. “There were copious amount of frank (sic) and partially dried blood on the floor and wall near him. A broken wine glass was noted on the floor of the front room. Bloody handprints were noted on the wall across from the subject. The door to the front room was dead bolted as well as the back door of the apartment where the police forced entry.”

But despite this gruesome scene, neighbors, friends and relatives felt that the SFPD decided early on that his death was a suicide. They point to questions the police asked and to parts of the Medical Examiner’s report, as evidence that investigators believed de la Plaza killed himself:

“On the coffee table in the front room was a bloody open lap top computer and notebook, devoid of apparent blood, with the following two sentences on the visible page: “learn as if you were to live forever” and “live as if you were to die tomorrow,” the investigator’s report stated.

Total ‘Eclipse’

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Tredmond@sfbg.com

REVIEW Mass market novels of the mystery and thriller kind are not known for their progressive politics. The most popular authors of the political adventure set are the likes of Tom Clancy, who thinks we’re still at war with Japan and ought to be at war with China. The detective novelists tend to glorify law enforcement and disparage those weak-willed sorts who would rein in the mighty and righteous gun-wielding police. My favorite new character, Jack Reacher, who has made Lee Child a massive international best-selling writer, is a former military cop with a taste for violent vengeance.

But of course I read this stuff. It’s my guilty pleasure, what I do to relax over with my whiskey before bed, while my beloved partner is watching Super Nanny. As Pete Townshend used to say, each to his own sewage.

I’ve read almost everything San Francisco resident Richard North Patterson has written, and he’s a rarity. His stuff tends to go in a more liberal direction. (It also tends to have a subplot involving teenage sex.) He’s written about the death penalty and the criminal justice system and American politics, and his characters have more depth than John Grisham’s. I like him, but I’ve never raved.

But I do want to recommend Patterson’s latest book, Eclipse (Henry Holt and Co., 384 pages, $26). Not because it’s the most brilliant writing he’s ever written, but because it’s a real-life political novel that reveals, in graphic detail, the impact oil companies like Chevron Corp. have on the Niger River delta. Eclipse is a fictionalized account of the life of Ken Saro-Wiwa, an eloquent and charismatic environmentalist who tried desperately to tell the world how oil money had corrupted Nigeria and how the Western oil companies were conspiring with the brutal dictatorship of Gen. Sani Abacha to stifle dissent. He was hanged 15 years ago by Abacha; his legacy drives the protest movement that is still trying to force the petrolords to take responsibility for what they have done to the delta environment, its tribal residents, and the Nigerian people. Eclipse didn’t put me to sleep — it made me mad. It reminded me of what American companies are allowed to do to the rest of the world, with impunity. It’s a story, with Patterson’s typical devices (for example, I don’t have any reason to believe Saro-Wiwa’s wife had an affair with his lawyer). But there’s enough truth in it to make you think. And that makes Patterson’s novel, in a unique and surprising way, an important political book.

Marriage ruling met with civil disobedience in SF

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Story and photos by Rachel Buhner

Hundreds of people had gathered outside City Hall this morning to peacefully protest the Supreme Court’s 6-1 decision upholding Proposition 8. While there was undeniable anger and frustration in the air, the overall sentiment clearly indicated that the ruling wasn’t a surprise. Protesters arrived prepared, holding up signs and passing around petitions in a peaceful show of objection.

Frank Capley-Alfano, 34, sat among the circle of people gathered in the intersection of Van Ness and McAllister. A member of One Struggle, One Fight, he was accompanied by his husband, Joe, who held up an oversized replica of their marriage license. “I had a feeling deep down inside that the ruling would go the way it did,” Frank said. “I’m devastated, but I came to sit here and commit peaceful civil disobedience.”
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Joe and Frank Capley-Alfano

And he did just that. At about 11:45 am, police began barricading the intersection and warned protesters to either move to the sidewalks or face arrest. Staying true to his word, Frank and his husband remained seated as officers marched in to begin arresting those who stayed behind.