Police

How to hire more cops

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Rebecca Kaplan, who is one of my favorite politicians, is running for Oakland City Council — and she has a great idea how to solve one of the city’s most pressing problems.

See, Oakland can’t hire enough cops. That means a voter-approved community-policing plan, which requires foot patrols in all the districts, is way behind schedule; there just aren’t enough officers to walk the beats. The OPD has more than a hundred job openings, and not enough applicants. And among those who apply, a lot don’t make it through the police academy.

So the city of Oakland is spending a lot of money on recruiting (including billboards near the Bay Bridge, which Kaplan, an AC Transit board member, thinks is nuts: “I know the demographics of the people crossing that bridge, and trust me, none of them are going to apply to be Oakland cops.”)

One of the things the city has learned is that ex-military people tend to do better in the academy — they already have the physical fitness and disciplinary training. So the city is sending fliers to military bases around the country. “Which is not terribly effective,” Kaplan told us in an interview today. “The thing is, with stop-loss, nobody’s really gettiing OUT of the military right now.”

But there’s a perfect applicant pool that the city is ignoring.

“There are 5,000 people who have been kicked out of the military because they’re gay or lesbian,” she said. “They have a dishonorable discharge, so they may have trouble getting work. But a lot of them are totally qualified to be Oakland cops.

“The OPD pays about four times as much as the military, the Bay Area is a great place for gays and lesbians, and if you’ve been policing Baghdad, moving to Oakland is going to look pretty attractive.”

The names of those 5,000 people are accessible, if the city wanted to do a little work to round them up (Ron Dellums, former chair of the House Armed Services Committee, could probably handle it with one phone call).

But that might not even be necessary: “If the Oakland mayor and police chief held a press conference and said, hey, Uncle Sam doesn’t want you but Oakland does, I suspect the word would get out.”

Somebody ought to put this woman on the City Council.

Fong: False alarm on torch

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By Emma Lierley

At a press conference Thursday afternoon, Chief of Police Heather Fong addressed the city’s decision to change the Olympic Torch route, claiming that it was a spontaneous decision and that there was no pre-planned contingency.

Fong said that SFPD officers had been monitoring the situation along The Embarcadero since 8am Wednesday morning and as more and more people showed up, and as “groups of opposing views started verbally confronting each other” the higher-ups began contemplating a change in route.

Stating that an incident at Bryant and Embarcadero around 12:30, in which a charter bus “moving certain [Olympic] items” was stopped by “a very large group” of protestors, influenced the decision to change to route. According to Fong, a false report came through that the bus had run over protestors, which was a major factor to change the route.

“I saw the crowd, I saw the bus, and at that point we started to move away from the Embarcadero,” Fong said.

However, this reporter observed that from 12:30 until 1pm, there were no more than twenty peaceful protestors who had laid themselves in front of the bus and covered themselves with Tibetan flags, with only a line of four cops protecting it. By 1:20, all protestors around the bus were gone.

Fong also said that large groups of people along The Embarcadero who were unwilling to move when told by police influenced the decision to change the route as well.

Despite reports that demonstrations along the planned route were by and large peaceful, Fong stated that it was “very clear there was no way to safely go down Embarcadero.”

She estimated that roughly 500 to 600 SFPD officers were called out, together with 350 officers from other departments around the Bay area, and representatives from federal agencies as well.

There were five arrests made yesterday, all settled in citations, and no injuries.

Video: The great torch chase

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Video journalists Rhyen Coombs and Lisa Pickoff-White report from yesterday’s Olympic torch rally and protest on participants’ disappointment at the flame’s last minute route change:

(For pics of the protest, click here. For a video slideshow of Tuesday’s Tibet vigil, click here.)

Here’s Guardian reporter Emma Lierley’s take on yesterday’s events:

The great torch chase

The running of the Olympic torch yesterday left many hundreds of people pissed because, well, they never saw it. If you were like me, however, and came equipped with a bicycle and the wherewithal to chase the damned thing all over the city, then it became a rousing, and rather difficult, game of hide-and-go-seek.

For the majority of the crowd, that was not an option. In the hours leading up to the planned torch run, the scene along the Embarcadero was entirely peaceful. At noon, Pier 48 held rows of Chinese men and women practicing the drum rhythms that would play to honor the torch as it came past. Chinese flags fluttered in the Bay breeze, children ran and laughed, and the crowd was held back from the torch route by three layers of fencing.

Down the line, protesting blocks formed, and pro-Tibetan protesters stopped a bus at Bryant and Embarcadero around 12:30 PM. Roughly twenty people laid down in front of a charter bus, covered themselves with Tibetan flags, and covered the front of the bus with “Save Tibet” stickers. A line of four police officers guarded the bus, but once again, it was a family affair, and little kids ran around calling for a free Tibet along with the adults.

Chinese flags mingled with Tibetan flags, and each group of supporters or protestors tried to over-shout the other one, but the scene was relatively tame. The rest of Embarcadero was lined with similar crowds, some holding Chinese flags, some holding pro-Tibet signs, and some just eating their lunch, waiting for the event to start.

Back at the corner of 3rd and Embarcadero around 1:30, and I heard the angriest words of the day coming from an exasperated elderly woman who was militantly holding her spot on the corner, facing the 3rd street Bridge.

“Hey, asshole, you need to keep moving. Some of us have been here for two hours,” she said to those who tried to stop in front of her, potentially blocking her view.

Newsom’s torch plays SF for fools

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First the route for the Beijing Olympic Torch relay was changed, following a brief opening ceremony.
Then, the closing ceremony was shifted to an undisclosed location.

These last minute changes left all the thousands of people who came to support, protest or simply witness the torch’s historic relay thwarted.

And they meant that China has got some relatively upbeat television footage to show back home, featuring an unencumbered torch being run through the protest-free streets of San Francisco! Talk about a far cry from reality.

“Disgraceful and shameful” said Board of Supervisor President Aaron Peskin of the City’s switch and bait.

‘I have every reason to believe this was a well developed plan by Gavin Newsom and his chief of police in conjunction with the government of China and the US State Department,” Peskin continued. “It was designed to please the government of China and give them the TV footage they want to portray to their people. The bottom line is that Newsom has deceitfully and repeatedly misled the public. Frankly, these are the tactics that the Chinese government uses on its people. It’s a move straight from the Richard Nixon playbook.”

Asked if there was evidence to support the City’s decision to redirect the torch relay and relocate the closing ceremony, Peskin said he’d seen and heard none.

“I went down the route at 11 am, the supporters and protesters were all peaceful. This was a large decoy operation. Only Newsom played the people of San Francisco for fools. I don’t care if you were a supporter or an opponent of the torch, people brought their children, families and friends to San Francisco for a once in a lifetime experience. This was the biggest charade perpetuated by any mayor in anyone’s memory and possibly in the history of this town. The only difference between Newsom and President Hu Jintao is none. Both manipulate, are deceitful and do not run transparent governments.”

The torch, which was variously concealed in a waterfront warehouse, shipped to Van Ness with a Quackers bus in tow, and diverted through the Marina to elude protesters, was taken to SFO for a surprise closing ceremony–presumably so it could be shipped out of SF as fast as possible, away from the whiskey and fandangos–and all those people, inconveniently protesting uncomfortable stuff like China’s abysmal track record of human rights abuses and its support of dictatorship in Burma and genocide in Darfur.

Limbaugh decries cops who want ‘special rights’

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Okay, so maybe that’s actually the phrase Rush Limbaugh uses to describe LGBT rights. But when the folks in law enforcement, mostly a conservative bunch, start demanding special treatment, shouldn’t conservative pundits hit the ceiling then, too? Of course not. That would alienate a significant portion of their listening audience.

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We’ve already written in the past about police in the state of California winning special protections against publicly disclosing their personnel records. But why should their salaries be kept secret also? And their badge numbers? And, the Contra Costa Times explains in that last link, their identities?

Being a cop is tough, yeah. Just read the thousands of pages of evidence filed in Superior Court for Dennis Herrera’s gang injunctions. They read like an episode of The Wire. (Seriously, we’re surprised more reporters aren’t pouring over those records. There’s a whole lot in there about local criminal activity you haven’t seen in the news, and this is the only time you’ll have public access to so many details of what the SFPD’s Gang Task Force is up to.)

But why should salaries be kept secret, particularly when the police union’s new contract has played such a significant role in this year’s local budget deficit? All those stories from Matier & Ross about how much it costs to provide a police presence at political demonstrations would just be ruined if the police had their way. The CoCo Times and the LA Times have already been through this battle with the state Supreme Court.

Is the police lobby really that strong in Sacramento?

After the ruins

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› a&eletters@sfbg.com

ESSAY In a journal entry dated Dec. 27, 1835, from his 1840 book Two Years before the Mast, student-turned-seafarer Richard Henry Dana recorded his first impressions of the area we know as the City, while his ship, The Alert, traveled through the Golden Gate:

We passed directly under the high cliff on which the presidio is built … from whence we could see large and beautifully wooded islands and the mouths of several small rivers … hundreds of red deer, and [a] stag, with his high branching antlers, were bounding about, looking at us for a moment and then starting off …

Dana arrived in the Bay Area after one era had ended and before another began. Until the coming of the Spaniards a generation earlier, some 10,000 people, members of around 40 separate tribes, lived between Big Sur and San Francisco, in the densest Native American population north of Mexico. Despite the existence among them of as many as 12 different languages, the people collectively referred to now as the Ohlone lived in relative peace for some 4,500 years.

On his first visit, Dana predicted that the Bay Area would be at the center of California’s prosperity. When he returned more than 30 years later in 1868, he discovered that his hotel was built on landfill that had been dumped where The Alert first landed.

Then in middle age, Dana wrote, "The past was real. The present all about me was unreal." Making his way through the crowded streets where the new city he’d predicted was being built, he remarked, "[I] seemed to myself like one who moved in ‘worlds not realized.’" Thus Dana became one of the first to articulate the peculiar San Franciscan combination of nostalgia for a lost past and despair over an unrealized future.

The past and future are always alive here. On his first visit, Dana wrote in his notebook about the great city to come. But like many residents of SF today, he slept on the cold, hard ground.

In George Stewart’s 1949 science fiction classic Earth Abides, a mysterious disease has killed 99 percent of the Earth’s population; the main character, Ish, roams the City and East Bay until he finds a wife. Stewart’s book ends in a Twilight Zone scenario, as an old, feeble Ish — now the last living pre-plague American — watches in dismay while his illiterate offspring hunt and frolic like the Ohlone, wearing animal skins and fashioning arrowheads from bottle caps.

After a wildfire, Ish notices that a library has been spared. All the information is still in there, he thinks. "But available to whom?"

Perhaps the knowledge Ish once begged his children to learn can be found in 1970’s The Last Whole Earth Catalog. Its 450-plus yellowing Road Atlas–size pages contain terse recommendations of publications about plant identification, organic gardens, windmills, vegetable dyes, edible mushrooms, goat husbandry, and childbirth, while also sharing the fundamentals of yoga, rock climbing, making music with computers, space colonization, and — of course! — the teachings of Buckminster Fuller.

The initial Whole Earth Catalog sought to reconcile Americans’ love of nature and technology. In Counterculture Green: The Whole Earth Catalog and American Environmentalism (University Press of Kansas, 303 pages, $34.95), author Andrew Kirk credits its creator, Stewart Brand, with bringing a sense of optimism to environmentalism. A character in Tom Wolfe’s 1968 Electric Kool-Aid Acid Test, Brand embodied the cultural intersection of acid and Apple at mid-1960s Stanford University. Kirk examines Brand’s 1965 "America Needs Indians" festival, his three-day Trips Festival in 1966, and his time riding the bus as one of Ken Kesey’s Merry Pranksters.

Counterculture Green correctly suggests that Brand’s utopian lifestyle has a hold on our imagination. But Brand was a leader of the counterculture, not a revolutionary. He believed that the market economy, not political change, would usher in a better world. While today’s market — at the behest of individuals — has started to demand renewable energy or sustainable growth, it also has brought us the SUV, suburban sprawl, and the highest fuel prices in history. Apple may empower the individual — or want consumers to believe it does — but at 29, Silicon Valley has the highest concentration of Superfund sites in the country.

Brand deserves credit for intuiting the peculiar "machine in the garden" Bay Area we live in today, a place perhaps more "California Über Alles" than utopian. It’s far from the postmarket SF envisioned in Ernest Callenbach’s 1975 novel Ecotopia, which is set in 1999, nearly 20 years after Northern California, Oregon, and Washington have seceded from the United States to form the titular nation. A colleague of Brand’s, Callenbach bases his society on ideas from the Whole Earth Catalog, but for one major difference — Ecotopia comes into being not through the free market but through an environmental revolution. (I won’t spoil it, but here’s a hint: it starts in Bolinas!)

While Callenbach’s future sometimes resembles a mixture of the Haight Street Fair and Critical Mass, there are twists. Ancient creeks have been unearthed, and on Market Street there is a "charming series of little falls, with water gurgling and splashing, and channels lined with rocks, trees, bamboos and ferns." Ecotopians have instituted a 20-hour work week that involves dismantling dystopian relics such as gas stations. There is a surplus of food produced close to home. Materials that do not decompose are no longer used. This new world is no wilderness — it reconciles civilization and nature. Yet perhaps its most radical idea is that humans can create a utopia without help from a plague, apocalyptic war, or earthquake.

The 1906 San Francisco earthquake leveled 4.7 square miles — or 508 city blocks. It destroyed 28,188 structures, including City Hall, the Hall of Justice, the Hall of Records, the County Jail, the Main Library, five police stations, and more than 40 schools. Yet strangely, many apocalyptic tomes — including recent ones such as the speculative nonfiction best-seller The World Without Us and the born-again Christian Left Behind series — are reluctant to imagine a totally destroyed San Francisco.

In contrast, Chris Carlsson’s 2004 utopian novel, After the Deluge (Full Enjoyment Books, 288 page, $13.95), suggests the City is at its most charming when at least partially in ruins, like the old cities of Europe. In Carlsson’s post-economic SF of 2157, rising sea levels from global warming submerge much of the Financial District, yet the City adapts by serving old skyscrapers — now converted into housing — with a network of canals.

After the Deluge‘s vision of reduced work, free bikes, and creeks unearthed from beneath streets borrows from Callenbach’s Ecotopia. Yet Carlsson seems to have his most fun imagining a city transformed by ruins: take a subtle comment on the Federal Building at Seventh and Market streets. In Carlsson’s map of SF circa 2157, the monstrosity that some call the Death Star is simply labeled "The Ruins."

Similarly, the photographs in After the Ruins 1906 and 2006: Rephotographing the San Francisco Earthquake and Fire (University of California Press, 134 pages, $24.95) appear to delight in the City’s impermanence. Mark Klett presents famous images of the smoldering city in 1906 alongside carefully shot contemporary photographs from the same vantage points. Cleverly, these images are arranged in a manner that suggests the ruins aren’t just the past but also an inevitable future.

The aftermaths of SF’s earthquakes are often described in utopian terms, as if cracks in the landscape revealed the possibility of a better world. In After the Ruins, a 1906 quake survivor remembers cooperation not seen since the days of the Ohlone:

A spirit of good nature and helpfulness prevailed and cheerfulness was common. The old and feeble were tenderly aided. Food was voluntarily divided. No one richer, none poorer than his fellow man.

In an essay accompanying After the Ruins, Rebecca Solnit recollects the 1989 earthquake similarly:

The night of the quake, the liquor store across the street held a small barbecue … I talked to the neighbors. I walked around and visited people. That night the powerless city lay for the first time in many years under a sky whose stars weren’t drowned out by electric lights.

Greta Snider’s classic early ’90s punk and bike zine Mudflap tells of a utopia for bicyclists created by the 1989 Loma Prieta quake. Until torn down, a closed-off section of damaged Interstate 280 became a bike superhighway where one could ride above the City without fear of cars. Earthquakes are seen to have utopian potential in SF, because, like protests or Critical Mass, they stop traffic. In 1991, Gulf War protestors stormed the Bay Bridge, shutting down traffic on the span for the first time since the 1989 quake. Perhaps in tribute to the utopian possibilities of both events, William Gibson’s 1993 book Virtual Light imagines a postquake-damaged Bay Bridge as a home for squatter shanties and black market stalls.

Carlsson’s new nonfiction book, Nowtopia (AK Press, 288 pages, $18.95), explores new communities springing up in the margins of capitalist society. Subtitled How Pirate Programmers, Outlaw Bicyclists, and Vacant-Lot Gardeners Are Inventing the Future Today, it looks for seeds of post-economic utopia in places such as the SF Bike Kitchen and the Open Source software movement. According to Carlsson, these communities "manifest the efforts of humans to transcend their lives as wage-slaves. They embrace a culture that rejects the market, money, and business. Engaging in technology in creative and experimental ways, the Nowtopians are involved in a guerilla war over the direction of society."

A founder of Critical Mass, Carlsson praises the biofuels movement and bicycle culture for promoting self-sufficiency through tools. With its optimism and endorsement of technology, Nowtopia occasionally evokes the Whole Earth Catalog. Yet unlike Brand’s tome, it focuses on class and how people perform work in today’s society. Carlsson finds that in their yearning for community, people will gladly perform hours of unpaid labor on behalf of something they love that they believe betters the world.

Within today’s SF, Carlsson cites Alemany Farm as an example of nowtopia. Volunteers took over an abandoned SF League of Urban Gardeners (SLUG) farm next to the Alemany Projects, farming it for several years before the City gave them official permission. "Instead of traditional political forms like unions or parties, people are coming together in practical projects," Carlsson writes. "They aren’t waiting for an institutional change from on-high, but are getting on with building the new world in the shell of the old."

Ironically, the only literature that truly envisions the complete destruction of large areas of the City are the postwar plans of the San Francisco Redevelopment Agency. In 1956, it began the first of two projects in the Fillmore, slashing the neighborhood in two with a widened Geary Boulevard and demolishing over 60 square blocks of housing. Some 17,500 African American and Japanese American people saw their homes bulldozed.

With their dreams of "urban renewal," the heads of SF-based corporate giants such as Standard Oil, Bechtel, Del Monte, Southern Pacific, Wells Fargo, and Bank of America reimagined the City as a utopia for big business. The language of a Wells Fargo report from the ’60s evokes the notebooks of Dana: "Geographically, San Francisco is a natural gateway for this country’s ocean-going and airborne commerce with the Pacific area nations." Likewise, Prologue for Action, a 1966 report from the San Francisco Planning and Urban Renewal Association, might have been written by dystopian visionary Philip K. Dick:

If SF decides to compete effectively with other cities for new "clean" industries and new corporate power, its population will move closer to "standard White Anglo-Saxon Protestant" characteristics. As automation increases the need for unskilled labor will decrease…. The population will tend to range from lower middle-class through upper-class…. Selection of a population’s composition might be undemocratic. Influence on it, however, is legal and desirable.

This dream of turning San Francisco into a perfect world for business required that much of the existing city be destroyed. First, the colorful Produce District along the waterfront was removed in 1959, its warmth and human buzz replaced by the four identical modern hulks of the Embarcadero Center. Beginning in 1966, some 87 acres of land south of Market — including 4,000 housing units — were bulldozed to make way for office blocks, luxury hotels, and the Moscone Center.

The dark logic of the Redevelopment Agency’s plans are projected into the future in the profoundly bleak science fiction of Richard Paul Russo’s Carlucci series from the ’90s. Russo’s books are set in a 21st-century SF entirely segregated by class and health. The Tenderloin is walled off into an area where drug-addicted and diseased residents kill each other or await death from AIDS or worse. Access to all neighborhoods is restricted and even the series’ hero, stereotypical good cop Frank Carlucci, submits to a full body search in order to enter the Financial District because he lacks the necessary chip implant to be waved through checkpoints.

Russo’s nightmares have their real side today, and many dreams found in Ecotopia and the Whole Earth Catalog — composting, recycling, widespread bicycling, urban gardening, free access to information via the Internet, Green building design — have also come to pass. (There is even a growing movement to unearth creeks like the Hayes River, which runs under City Hall.) Pat Murphy’s 1989 novel, The City Not Long After, imagines these opposing visions of the city will continue even after a plague wipes out all but one-thousandth of SF’s population. In Murphy’s book, those still alive turn the City into a backdrop for elaborate art projects, weaving ribbon and lace from Macy’s across downtown streets and painting the Golden Gate Bridge blue. This artists’ utopia is threatened when an army of survivors from Sacramento marches into SF. But the last forces of America, unlike the dot-com invaders of the ’90s, prove no match for the artists, who use direct action tactics and magic to rout Sacramento in an epic showdown at Civic Center Plaza.

In Carlsson’s After the Deluge, several people enter a bar called New Spec’s on Fulton Street. The walls are covered with old SF ephemera. One character explains to Eric, a newcomer, "Its all about nostalgia, a false nostalgia." Was the City a better place before the war, before the earthquakes, or before it was even the City? So many utopian visions of the future evoke a simpler past that one wonders if believing in one is the same as longing for the other. It’s a question that would make sense, once again, to Philip K. Dick.

Perhaps no fiction about a future SF captures utopian yearning as well as Dick’s decidedly dystopian works, because his stories, though full of futuristic gadgets, are really about the ways human characters relate to them. Do Androids Dream of Electric Sheep? (1968) is set in a radically depopulated postwar SF of 2021. The air is filled with radioactive dust and the streets are hauntingly empty as humans race to colonize Mars. Main character Rick Deckard is a bounty hunter assigned to "retire" humanlike androids, yet he’s mostly concerned about his electric sheep. Because there are almost no animals left on Earth, owning a fake one helps a striver like Deckard keep up appearances.

In 1962’s The Man in the High Castle, Dick imagines life in SF after the Nazis and Japanese have won World War II. Nostalgia haunts this story, too. Protagonist R. Childan makes his living selling rare prewar Americana to rich Japanese collectors. Not much has changed in this alternate SF, though. Market Street is still a place of "shooting galleries [and] cheap nightclubs with photos of middle-aged blondes holding their nipples between their wrinkled fingers and leering." While most utopian futures look to the past, Dick’s dystopian futures are all eerily about the present.

So how does Mr. Childan deal with the pain of living in a world where Nazis have won the war? How else? "To inspire himself, he lit up a marijuana cigarette," Dick writes, "excellent Land-O-Smiles brand."

Erick Lyle is the editor of Scam magazine. His book, On the Lower Frequencies: A Secret History of the City, is out now on Soft Skull Press.

NOWTOPIA BOOK RELEASE PARTY

Wed/9, 7:30 p.m.; $20 suggested donation (includes book, reading/discussion, and contribution to site)

CounterPULSE

1310 Mission, SF

(415) 626-2060

Bureaucrats blow $375k reading Matier & Ross

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Employees working for the city and county of San Francisco have squandered $375,000 in salaried work hours over the last 12 months reading San Francisco Chronicle columnists Matier & Ross, time that could have been spent finding cheaper ways to provide a police presence at political demonstrations and repaint parking garages located at far-flung BART stations, according to a new report by Controller Ed Harrington.

“Our analysis shows that City Hall staffers spent precious work time reading about how wasteful they are when they could have been figuring out how to make the board’s chambers ADA compliant for less money or more quickly dispatch frivolous and costly lawsuits against the city,” Harrington said.

The report shows that overpaid City Hall staffers in particular devoted seemingly endless salaried hours reading about how they and their colleagues have burdened San Francisco’s already bloated $338 million budget deficit and how Jerry Brown’s recent office redo in Sacramento cost a whole lot of taxpayer money.

“Dude, I’m totally expensive,” said one City Hall insider after reading about how much it cost for him to have a big title but few actual tasks. “And holy shit, did Don Perata’s new taxpayer-subsidized car really cost that much? No wonder we’re laying off teachers.”

Labor’s merger pains

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› jesse@sfbg.com

Part one of a series on the emerging problems with labor mergers

For well over 100 years, San Francisco hod carriers — workers who assist stone, brick, and plaster masons — have gathered at the Local 36 hiring hall to find work. Though not as large and bustling as it was in its heyday, the hall, now situated in Daly City, still serves as an important social as well as professional gathering place for San Francisco and San Mateo County "hoddies."

But on Monday, March 10 and Tuesday the 11th, when the union’s members arrived to put in for jobs, they found the entrance shuttered and a paper sign taped to the door.

"This Office Will be Temporarily Closed Due to the Transition of the Separation between Local Unions," the sign read. Several South Bay phone numbers were listed below — one for the dispatch office at Local 270, a much larger South Bay chapter of the Laborer’s International Union of North America (LIUNA), and one for Carlos Lujan, 270’s business manager. When the workers tried to call the numbers to secure work, they claim officials at 270 told them they couldn’t help them.

Meanwhile, several told the Guardian they could hear the phone ringing through the hiring hall door as calls from contractors came into the office. Every phone call most likely meant a job that would not be filled by one of the willing workers left outside.

"I felt abandoned," 25-year union member Jerrold ‘JJ’ Jones told the Guardian. Jones told us he waited for nearly three hours for the hall to open on March 11, only to give up in frustration. "Here I pay dues six months in advance and because that hall is closed, I didn’t have the opportunity to go out for a job that day."

A LESS THAN PERFECT UNION


The reasons for the hall’s closure trace back to an ill-fated merger between Local 36 and Local 270. The story is more than just a tiff in a relatively small labor group; it’s symbolic of a much wider issue that’s beginning to explode in organized labor.

In recent years, unions across the country have been encouraging smaller locals like 36 to join with larger shops to increase their clout and negotiating power. Supporters say these mergers create organizations better able to stand up to giant businesses and institutions.

But the trend also has drawbacks: more members under the aegis of one organization means more power in fewer hands — and sometimes, a lack of union democracy.

Local 36 seemed a prime candidate for merger, with only 120 members. Local 270 had more than 4,000 dues-paying workers and hefty political and trust fund accounts. But high-placed sources within the San Jose local tell us that it’s had serious turmoil over the past year — and the members from San Francisco say they feel left out.

Local 270’s leader, Carlos Lujan, is the subject of an investigation by the international union’s inspector general. Documents provided to the Guardian show that the inspector general has been looking into several complaints about Lujan’s leadership, including his conduct of meetings. An official from the parent union has observed the last three executive board gatherings and is expected to file a report with the Washington brass in the coming weeks.

"Clearly there are troubles out there," attorney Bob Luskin of the Washington firm Patton, Boggs, told us. Luskin acts as the union’s special counsel. "The marriage [between 36 and 270] looked like a good idea at first," he said. "But in the end, it didn’t turn out so well."

Much of the current internal strife at Local 270 appears to have begun when Lujan announced his retirement at the end of March 2007. Two weeks prior to his planned departure, Lujan’s advisors proposed a post-retirement consultant’s job for him. According to a complaint filed with the Department of Fair Housing and Employment by former 270 employee Leslie Scanagatta, the consulting gig would have paid Lujan $500 a week, and the union would pay to fly him from his home in Texas to San Jose for meetings.

Scanagatta’s complaint states that Lujan became angry after she and several other officials voiced concerns with the plan. It alleges that Lujan declared to another union official that she would "be terminated by the end of the week" — which she was.

"It was devastating," Scanagatta, who now works for Santa Cruz County, said. "I was laid off for eight months and I’ve taken a 38 percent pay cut now."

Lujan did not return repeated phone calls seeking comment.

One of the people pushing for Lujan’s consultant job was Edgar Calonje. Calonje, who worked for the union as an independent contractor, said he met with Lujan before the boss announced his retirement, and that Lujan told him and Enrique Arguello, a member of 270’s executive board, that he was planning "to get his retirement [benefits] and consultant fees as well."

"We thought if we helped him [get the deal], we would be in good shape," Calonje said by phone from Nicaragua, where he was visiting family. "But that’s not what happened."

First, Lujan withdrew his retirement and decided to stay on. Then, in November 2007, Colanje lost his job — after, he says, a private memo he had written surfaced in which he criticized Lujan’s leadership and integrity.

Shortly after Colanje was let go, Arguello — who now says he didn’t actively support Lujan’s retirement plan — resigned from his job as a business agent rather than accept a demotion. A Nov. 28 letter from Lujan to Arguello obtained by the Guardian states, "the reason for the change in your position was because the pattern of actions made by you in the past could put this Local in a difficult position."

THE LOCK OUT


Early in 2008, the atmosphere of dissension in San Jose began to affect the hiring hall in Daly City, and eventually boiled over into physical confrontation. First, former Local 36 business manager Alex Corns clashed with Lujan and resigned in a huff from his new job at 270. Then Will Davis, who ran the Daly City hall after the merger, was dismissed. A March 6 letter from Lujan to Davis cites Davis’s "lack of commitment to work under my agenda as Business Manager" as the reason for his termination.

The following afternoon, Friday, March 7, Davis and Corns arrived at the hall to find the locks changed. That evening, they told us, a group of former Local 36 members met in a pizza parlor across from the shuttered hall and decided to petition the International to grant Local 36 back its independence. According to their account of what happened next, which was verified by Sgt. Ron Mussman of the Daly City Police Department, when Davis, Corns, and the other participants in the meeting emerged from the pizza parlor, they saw Lujan sitting in his pickup truck, which was parked in the restaurant’s lot. Across the street, two officials from 270 were inside the hiring hall removing computer equipment.

The now-dissident union members surrounded Lujan’s vehicle. Lujan fled the scene, according to worker and police accounts, allegedly striking one of the members in the forearm with his car as he backed up. The incensed crowd moved across the street and the workers from 270 barricaded themselves inside the hall. Lujan reportedly flagged down a police car as he drove away and the cops drove to the hall to escort the two men from San Jose safely out of the building.

Corns and Davis said they could not secure keys to the hall’s new locks by the time of Monday morning’s job call. For two consecutive mornings, out-of-work union members were turned away. Corns told us he finally called a local locksmith late Tuesday morning, March 11, so that members could be dispatched to jobs the following day.

HOW BIG IS TOO BIG?


For Corns, the failed merger with Local 270 is a personal as well as a professional tragedy: he was instrumental in helping 36 join with 270 after Lujan’s election as the bigger local’s business manager. Now he feels responsible for jeopardizing the organization he’s worked for since he was a teenager.

"I’ve been in the union for 35 years," Corns said, his voice choking up. "This is so heartbreaking to me."

Beyond the problems with one controversial business manager, Corns says the story is about the larger problem: increasingly top-down union management. In late February, he told us, 70 members of Local 36 voted unanimously to secede from 270 and become an autonomous chapter again. A representative from LIUNA was present at the vote and confirmed their version of the events for us. Despite the members’ calls for autonomy, officials in LIUNA’s International office in Washington, DC refused to go along; instead, on March 13, union brass granted their secession from Local 270 but immediately forced 36 into another merger — this time with a chapter based in Oakland, Local 166.

As a result of the two mergers, Corns says, the assets of Local 36 have been swallowed up by the larger chapters. He produced old bank account statements for us that showed well more than $100,000 in Local 36’s coffers before the organization joined with 270. Now, he says, he doesn’t know where that money is. Laborer’s International spokesperson Jacob Hay told us that the parent union is undertaking a "reconciliation process" to determine how much of Local 36’s money should go to Oakland and how much should stay in San Jose. Despite the apparent desire for independence among 36’s members, Hay argued that the union is making the right decision by forcing them into another merger.

"We think that it is in the best interests of smaller locals like [36] to join with larger, more powerful locals," he said. "You have more collective bargaining power with larger numbers [of members] … the goal here is to get all the hod carriers in the Bay Area into one local."

Will Davis and other Local 36 members do not share Hay’s bigger-is-better enthusiasm. "We’ve never gotten a good reason why we can’t just have the local back," Davis said. "We’ve never done anything wrong. We’ve never been under investigation. Why are we being punished for something we didn’t do?"

Editor’s Note: In the paper edition of this article, the Guardian misidentified two dates. Lujan announced his retirement in 2007, and the atmosphere of dissension began to affect the hiring hall in Daly City early in 2008.

Rip up the mayor’s club-violence plan

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EDITORIAL Back in January, 34-year-old Clarence Corbin was shot and killed during a fight outside Jelly’s Dance Café nightclub in Mission Bay. Mayor Gavin Newsom leapt into action, announcing that this sort of violence was unacceptable. We’re with the mayor on that, although we wish he’d shown the same kind of energy in dealing with the epidemic of shootings in the Bayview and Western Addition over the past few years.

But his solution — a crackdown on nightclub promoters — is unlikely to do anything about violence and will almost certainly damage the creative underside of the city’s entertainment scene.

Sup. Sophie Maxwell is carrying the mayor’s legislation, which she introduced March 4. Some of the provisions just seem silly: the bill, for example, would ban "loitering" within 10 feet of a club between 9 p.m. and 3 a.m. Of course, people stand outside clubs all the time — among other things, to smoke cigarettes — so the bill says smokers would be exempted. So would people who are waiting for cabs. People who simply wanted some fresh air or to make a phone call (or to make out away from the dance floor) would be subject to fines. The loitering law, like most similar laws, seems like a blueprint for discriminatory and illegal enforcement. (Will young African American men get cited more often than white people? Of course they will.)

How are the cops going to decide who’s really waiting for a ride (cabs can take half an hour to arrive on a Saturday night) and who’s just hanging out? Might potential troublemakers just light up a cigarette and thus be free from legal action? It’s hard to see the practical logic here.

Then there’s the provision that would require promoters who hold two or more club events a year to obtain a permit (and presumably, pay a fee). Applicants would have to have proof of $1 million in liability insurance.

That, frankly, would kill a whole lot of small-time events in San Francisco.

Although Newsom complained to the press about "fly-by-night promoters," the city’s full of well-established people who do shows at various clubs with various programs a few times a year or a few times a month — and most of them are small-time operators. Very few have ever had any problems with the law, or promoted a show that led to violence — but most of them would have to shut down, because the $1 million in insurance money would be too expensive.

The Bay Area Reporter suggested March 13 that the bill could harm nonprofit events promoters by forcing them to devote much of the charitable take from their shows to paying for insurance and security plans.

We just don’t see how any of this really addresses the problem of violence outside of San Francisco clubs (and we don’t really see that clubs are to blame for much of the violence in the city anyway). When Sup. Ross Mirkarimi tried to get Mayor Newsom to put cops on foot in high-crime areas, the mayor balked. When Sup. Chris Daly tried to create a violence-prevention program that might have actually gotten to the root causes of this horrible pattern of kids killing one another, the mayor rejected it.

Instead, he wants to create a strange and ineffective plan to give police an excuse to arrest the wrong people that will penalize the small promoters who every week give so much to the city’s cultural landscape.

If club owners are concerned about crowds fomenting violence outside their doors, then the problem needs to be addressed. But this is an ass-backward way to do it. The supervisors need to rip this plan apart and start fresh.

Mexico’s comeback kid

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MEXICO CITY — As Andres Manuel Lopez Obrador (AMLO), the leftist firebrand whom millions of Mexicans consider their legitimate president, made his way to the podium in the packed Zocalo plaza here March 18th, the 70th anniversary of the expropriation and nationalization of an oil industry now threatened with re-privatization, hundreds of senior citizens, AMLO’s firmest followers, rose as one from their seats of honor at the side of the stage, raised their frail fists in salute, and chanted that, despite the cobwebs of old age, they do not forget. “Tenemos Memoria!” We Have Memory!

What did they remember? Tiburcio Quintanilla, 83, remembers how when President Lazaro Cardenas called upon his countrymen and women to donate to a fund to pay indemnities to the gringo oil companies, he went with his father to the Palace of Bellas Artes and stood on line for hours with their chickens, their contribution to taking back “our chapopote (petroleum).” I was born in the same week that Lazaro Cardenas nationalized Mexico’s oil, I tell Don Tiburcio. I’m only a kid.

Up on the same stage from which he directed the historic seven-week siege of the capital after the Great Fraud of 2006 that awarded the presidency to his right-wing rival Felipe Calderon, AMLO looked more grizzled, weather-beaten, a little hoarse after two years on the road relentlessly roaming the Mexican outback bringing his message to “los de abajo” (those down below) and signing up nearly 2,000,000 new constituents for his National Democratic Convention (CND), which is increasingly embroiled in a bitter battle for control of the center-left Party of the Democratic Revolution (PRD.)

Now Lopez Obrador has thrust himself into the leadership of the movement to defend the nation’s oil industry (PEMEX) from privatization in the guise of Calderon’s energy-reform legislation.

Calderon and his cohorts seek to persuade Mexicans that PEMEX is broken, the reserves running out, and the nation’s only hope lies in deep-water drilling in the Gulf of Mexico. Drilling for what the Calderonistas describe as “The Treasure of Mexico” in a widely distributed, lavishly produced infomercial, will require an “association” with Big Oil. But as many experts, such as Cuauhtemoc Cardenas, son of the president who expropriated the oil in the first place, point out, it is not at all certain that these purported deep sea reserves are actually in Mexican waters.

AMLO’s March 18th “informative assembly” of the National Democratic Convention was certainly the most emotional since he convoked the CND on Independence Day in September 2006, after the courts had designated Calderon as president. Poised under a monumental tri-color flag that furled and unfurled dramatically in the spring zephyrs, and addressing tens of thousands of loyalists in the heart of the Mexican body politic, Lopez Obrador told the story of Mexico’s oil.

Oil is a patriotic lubricant here, and AMLO is imbued in what historians once called revolutionary nationalism, the apogee of which was Lazaro Cardenas’s March 18th 1938 order expropriating the holdings of 17 Anglo-American oil companies who were about to secede from the union and declare themselves “The Republic of the Gulf of Mexico.” AMLO recalled how the companies had defied a Supreme Court order to pay $26 million USD to the nation’s oil workers leaving General Cardenas (he had been a revolutionary general) no option but to take back Mexico’s oil. How patriotic Mexicans like Don Tiburcio and his father lined up to pay off the debt with their chickens and family jewels. Cardenas’s subsequent creation of a national oil corporation, “Petrolios Mexicanos” or PEMEX, was seen as the guarantee of a great future for Mexico.

But things have worked out differently.

“Privatization is corruption!” AMLO harangues, “The oil is ours! La Patria No Se Vende!”

“La Patria No Se Vende, La Patria Se Defiende!” the crowd roars back, “The country is not for sale, The country is to defend!” “Pais Petrolero, Pueblo Sin Dinero” – “Country With Oil, People Without Money!”

Lopez Obrador, or “El Peje,” as his followers affectionately nickname him, warms to the task, outlining plans for a new “civil insurrection” that will be led by “women commandos” who will encircle congress on the day energy reform legislation is introduced, shut down banks, the Stock Exchange, the airports, and block highways. If all that doesn’t work, AMLO calls for a national strike. All of this projected and highly illegal activism would unfold “peacefully, without violence” – El Peje is a disciple of Gandhi and often cites Dr. King in his calls to action.

Indeed, Lopez Obrador takes pains to warn the petroleum defenders about government provocateurs and those who would foment violence, perhaps a message to the Popular Revolutionary Army (EPR), which has thrice bombed PEMEX pipelines in the past year.

Andres Manuel Lopez Obrador is at his incendiary best as a leader of social upheaval. During the post-electoral struggle, he put 2,000,000 souls on the streets of Mexico City July 30th 2006, the largest political demonstration in the history of this contentious republic. Back in 1996, this reporter shadowed Lopez Obrador as he led Chontal Indian farmers in blocking 60 PEMEX oil platforms that had been contaminating their cornfields in his native Tabasco, a movement that catapulted AMLO into the presidency of the PRD, later to become the wildly popular mayor of Mexico City and the de facto winner of the 2006 presidential election.

Although Lopez Obrador once seemed assured of his party’s nomination in 2012, he is now challenged by his successor as the capital’s mayor, Marcelo Ebrard, who stood stolidly at his side during the March 18th convocation.

While Lopez Obrador held forth in the center of the republic, its titular president Felipe Calderon campaigned in El Peje’s home turf of Tabasco, the site of Mexico’s largest land-based deposits, touting the “association of capitals” as the key to the “Treasure of Mexico” and swearing up and down that he had no intention of privatizing PEMEX. The idea instead was to make the laws governing oil revenues more “flexible” (“flexabilizar”) and build a “strategic alliance” with the global oil titans.

To mark the 70th anniversary of General Cardenas’s brave act of revolutionary nationalism, Calderon shared a stage with Carlos Romero Deschamps, the boss of the corruption-ridden oil workers union, and Francisco Labastida, the once-ruling PRI party’s losing 2000 presidential candidate and now chairman of the Senate Energy Commission where the energy reform legislation will most probably be introduced.

In 2000, PEMEX illegally funneled $110,000,000 USD through Romero’s union into Labastida’s campaign coffers, a scandal known here as PEMEXgate, which has since been swept into the sea.

While Calderon embraced these scoundrels in the port of Paradise Tabasco, a thousand AMLO supporters were kept at bay a mile from the ceremony by a phalanx of federal police.

The most glaring absentee at the Tabasco séance was Calderon’s dashing young Secretary of the Interior, Juan Camilo Mourino, his former chief of staff who the president appointed to the second most powerful position in Mexico’s political hierarchy this past January to oversee negotiations between the parties on energy reform legislation. But Mourino’s creds were seriously damaged this past February 24th when Lopez Obrador released documents revealing that the then-future interior secretary’s family business had been awarded four choice PEMEX transportation contracts while he presided over the Chamber of Deputies Energy Commission.

The GES Corporation also won four other PEMEX contracts when Mourino was Calderon’s right-hand man during the much-questioned president’s stint as the nation’s energy secretary in the previous administration. AMLO accuses Mourino, who was born in Spain and may still be a Spanish citizen, of cutting a pre-privatization deal with the Spanish energy giant Repsol.

There were notable absences at AMLO’s big revival in the Zocalo too, among them Cuauhtemoc Cardenas, the scion of the general and founder of the PRD whose moral authority has been greatly eroded in recent years. Estranged from his protégé Lopez Obrador, whose cause he did not leap to after the 2006 election was stolen, Cardenas chose to “defend the petrolio” in his home state of Michoacan, to which he has semi-retired and where his son Lazaro, grandson of the “Tata,” is the outgoing governor.

Although young Lazaro has endorsed “the association of private capital” in PEMEX, his father has hedged on Calderon’s privatization plans, reserving judgment until legislation is actually presented. Cuauhtemoc has, however, urged that Mexico and the U.S. first settle the ownership of deep-water tracts in the Gulf before any legislation is ratified.

Deep-water exploration requires an 11-year construction and drilling cycle before wells come on line. According to the U.S. Department of Energy, Mexico has only ten years of proven reserves left.

Calderon’s legislative package is liable to steer away from constitutional amendment required for privatization and focus on secondary laws, a legaloid move that could take the wind out of Lopez Obrador’s sails. Manlio Fabio Beltrones, the PRI senate leader whose support Calderon needs to pass energy reform (not all PRIistas are expected to back it) once warned that a strong measure would “hand the presidency” to AMLO.

The other prominent no-show in Lopez Obrador’s revival tent in the Zocalo was Jesus Ortega, the front-runner for the PRD presidency in March 16th party elections. Ortega heads up the rival New Left faction, a group that is prone to negotiate with Calderon’s representatives despite AMLO’s insistence that the PRD continue to refuse to recognize what he labels the “spurious” president. Lopez Obrador backed former Mexico City interim mayor, the roly-poly ex-commie Alejandro Encinas in the race for the party presidency.

Ortega, a PRD senator, refused to attend the Zocalo rally because he said he feared for his personal safety after other leaders of the New Left faction (AKA “Los Chuchos” because so many top New Leftites are named Jesus – “chucho” is also an endearing name for a dog) had been roughed up by Lopez Obrador supporters during an anti-privatization demonstration at the PEMEX office towers some weeks earlier.

The head-to-head between Ortega and Encinas turned toxic overnight with mutual accusations of vote stealing, vote stuffing, vote buying, vote burning, voters “razored” from the voting lists, fake ballots and phony counts flying as if the March 16th debacle was a funny mirror reflection of July 2nd 2006, when Lopez Obrador was stripped of the presidency by Calderon’s chicanery. The PRD implosion has stoked the party’s enemies like Televisa, the TV tyrant, which devotes half its primetime news hour to the shenanigans. The television giant blacked out all news of similar fraud in the 2006 presidential election.

It is long-standing tradition that PRD internal elections will inevitably turn into a “desmadre” (disgrace.) Similar desmadres occurred in 1996, 1999, and again in 2002, the year Ortega first tried to take control after Rosario Robles, Cardenas’s successor as Mexico City mayor, bought the party presidency – her campaign was bankrolled by a crooked construction contractor who filmed videos of her go-fors pocketing boodles of bills with which he later tried to blackmail the PRD in general and Lopez Obrador in particular. “The horror is interminable,” laments Miguel Angel Velazquez who pens the “Lost City” column for the left daily La Jornada, a PRD paper.

The legitimacy of the March 16th results can be measured by the mechanism with which they will be determined. At the helm of the PRD’s internal electoral commission is one Arturo “The Penguin” Nunez, once the tainted president of the Federal Electoral Institute during his life as a PRIista, and the architect of countless PRI frauds, including one against Lopez Obrador in their native Tabasco.

In truth, Lopez Obrador has been running away from the “horror” of the PRD since the formation of the CND, a crusade to weld those who voted for AMLO in 2006 into a force for social and political change, and his base is now thought to be wider than that of the party. Should Encinas prevail in the brawl for the PRD presidency, Lopez Obrador’s hold on the party would still be tenuous – the Chuchos appear to have wrested many state elections – and he will look to the CND as he battles the privatizers. Indeed. The announced encirclement of congress by “woman commandos” will put pressure on the FAP – the Broad Political Front of left legislators led by the PRD – to pay attention and hold the line against privatization.

The Party of the Democratic Revolution was the Phoenix bird born in fire after the PRI stole the 1988 “presidenciales” from Cardenas. Its 16 original “currents” (now called “tribes”) included ex-PRIistas like Cardenas and Lopez Obrador, ex-communists (like Encinas), urban activists, peasants’ organizations, social democrats, and other left opportunists (like Ortega.)

In its early years, the party sought to define what it would be: a confluence of grassroots movements that ran candidates for public office as one means of achieving social change? Or an exclusively electoral formation intent on obtaining its quotient of power in which the party became an end in itself? Although the PRD has devolved into the latter, Lopez Obrador’s 2006 campaign reinvigorated the activist side of the equation.

Now, leading the defense of Mexican oil against the privatizers, AMLO has leveraged himself back into the political spotlight, and once again, is leading a reinvigorated challenge to the faltering Calderon who desperately needs to make good on his pledge to his Washington masters to privatize PEMEX.

John Ross is back in Mexico City purportedly working on a book about Mexico City. Write him at johnross@igc.org if you have further information.

City sees (stars and) tiger stripes

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Kulbir and Amritpal Dhaliwal– the brothers attacked Christmas Day at the San Francisco Zoo by Tatiana the Siberian tiger–have sued San Francisco.
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Readers may recall that following the attack, the City accused the Dhaliwal brothers, who saw Tatiana fatally maul their friend Carlos Souza Jr, of taunting the tiger, lying to the authorities and being under the influence.

But now the attorneys for the Dhaliwal brothers are claiming that that their clients have been “defamed by a public relations firm, acting as an agent of the City and County of San Francisco and the San Francisco Zoo. Members of the public relations firm, including but not limited to Sam Singer, made false statements about Claimant’s action on the date of the attack.”

Kulbir’s attorneys note that their client suffered serious physical and emotional injuries, including deep lacerations and wounds, all over his body, head and face, requiring stitches, had surgery to both knees, and has scarring from the tiger attack.
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Adorably majestic from afar, tigers are majorly fatal, up close and personal.

“Claimant has also been wrongfully deprived of the use of his vehicle, a 2002 BMW M3,” states Kulbir’s claim. “Further, Claimant has suffered emotional injuries as a result of the tiger attack as well as humiliation and degradation from the smear campaign brought against him.”

Kulbir’s brother, Amritpal, has filed a similar claim against the City, except that the extent of his injuries differ–and then there’s the fact that the Beemer, which the police subsequently impounded, only belonged to his brother.

The amount of damages Geragos is asking, on behalf of the Brothers Dhaliwal ?
“In excess of the jurisdictional minimum of ‘unlimited Jurisdiction’ of the Superior Court.”

Maybe the brothers will donate a portion of their award, assuming they win their case, to improve animal welfare at the zoo?
Maybe they won’t win.
But either way, this case keeps a needed spotlight on the Zoo, in terms of who runs it, how the money is being spent, why and whose interests are being best served.

Closing time

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› amanda@sfbg.com

The sign on the door speaks the truth to the 200 people who pass through it everyday: "Buster’s Place/13th Street Drop-In will be permanently closing Monday March 31 at 5 p.m."

Will, a trim, soft-spoken man seated inside Buster’s on a Monday afternoon, reading a paper and waiting for his laundry to finish spinning, says that starting April 1, "The street is going to be where I go. The Safeway sink is going to be my shower."

Buster’s Place, a homeless services facility run by Haight Ashbury Free Clinics, is on Mayor Gavin Newsom’s midyear budget chopping block. But recently passed legislation says the city must provide a 24-hour drop-in center accessible to anyone. On March 18, the Board of Supervisors, by a vote of 9-2, passed "standards of care" mandating that all city-funded homeless shelters meet a basic level of sanitation and service, stocking facilities with toilet paper, soap, and nutritious food, as well as keeping at least one open 24 hours a day for anyone to walk in the door. (See "Setting Standards," 1/30/08 and "Shelter Shuffle," 2/13/08.)

Newsom tacitly supported the new law, but took issue with the $160,000 price tag — which does not include the $1 million it takes to run Buster’s for a year.

The Human Services Agency plans to temporarily fill Buster’s void with 150 Otis, a city-owned building across the street where storage and shelter reservations are provided for homeless people. In the past, it’s been an emergency shelter for men, but it is only permitted to operate nine months out of the year. On April 1 it will reopen with about 30 beds and 30 to 40 chairs — all for men — and will only be open until June 30, the end of the fiscal year. HSA did not respond before press time to multiple requests for more details on the plan.

Beyond trying to fix a permanent problem with a temporary solution, 150 Otis will be a shadow of Buster’s.

"Buster’s definitely handles more than 30 to 40 people a night," said the Department of Public Health’s David Nakanishi. On March 20, for example, Buster’s staff reported to Nakanishi that 98 people were on-site at 3 a.m. — 90 males and eight females. They also reported 30 people at 3 p.m. and 80 at 8 p.m.; 90 was the average between midnight and 7 a.m. Overall, the staff sees 150-200 people a day.

The drop-in center is often the first place a newly homeless person goes for help. But now those people — especially women — will have one less option.

Buster’s manager, Carolyn Akbar, has been telling clients to go to the Free Clinics’ Oshun Center, which has 24-hour drop-in services for women. But, she said, "A lot of women don’t like to go there because it’s right in the heart of the Tenderloin."

Funding for 150 Otis is coming from an HSA budget surplus. "They’re not saving any money. They said as much at the budget hearing," said Sup. Chris Daly.

Already, other city-funded facilities are feeling the strain of one less helping hand. The Mission Neighborhood Resource Center has many of the same services as Buster’s, but is only open weekdays and already operating at capacity. Still, "I’m seeing my numbers spike up," said director Laura Guzman. Contracted to serve 100 people a day, her staff tries to keep the number under 200, but lately it’s been closer to 250. "We had an incidence of violence last week as a result of more people in the facility," Guzman said. Guzman called drop-in facilities "critical players in our system of care. "When everything else fails, the drop-in is there."

Necessities like showers, laundry, restrooms, telephones, and access to medical and dental services can be found at Buster’s. Also, unlike any of the 15 other city-funded places for homeless people, it’s open 24 hours a day, seven days a week, and is "low threshold," meaning there are no basic requirements to come in.

Nakanishi listed several reasons why a drop-in center aids in overall public health, from preventing deaths on the street to providing a place to take a shower and use the bathroom. A Request for Proposals put out by DPH to continue the 24-hour drop-in services next year is also on hold, shaving a slim million from the city’s budget.

Tenderloin Health, which operates a drop-in center on Golden Gate Avenue, was one of the respondents to DPH’s RFP for a 24-hour center and said it was more than willing to extend operating hours past the current 11:30 p.m. closing time.

"The funding was pulled the same day we submitted the proposal," said Colm Hegarty, director of development for the nonprofit. "We would do it. Our proposal was very specific."

Drop-in centers have been criticized as places where people hang out and avoid the shelter systems and services they provide, but that was never the intention for Buster’s, which has only been open for 13 months. "The program was designed to really have around the clock case management," said Nakanishi, who wrote the RFP.

Akbar said Homeless Outreach Team officers were supposed to be working with center staff to move people deeper into the care system, but she’s been told they’re too busy working with people on the streets.

Which is what Buster’s is all about. Most of the people still on the streets aren’t interested in doing something to change their situations, points out Keith Bussey, deputy director of integrated health services for the Haight Ashbury Free Clinics. "But people who come into a drop-in are in that pre-contemplative stage of change. They’re venturing inside for maybe the first time."

Will is unequivocal about Buster’s proposed replacement: "Not 150 Otis. I don’t want anything to do with 150 Otis because of the people who work there." Claiming he’s received rude treatment there too many times, Will even stopped using the storage facility there. Middle-aged and homeless in San Francisco for the past couple of months, he sleeps outside and after two stays in the city’s shelters said, "Never again."

"Ultimately it’s going to hurt the city," said Hegarty of the closing. "You’ll see more of a presence on the streets. People will want to see something done about it, so there will be more police responding. The criminal justice system is going to become burdened. The emergency room at San Francisco General is going to become burdened. People will go anywhere they can just to get off the streets."

Editor’s Notes

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› tredmond@sfbg.com

A couple of decades ago, the American Civil Liberties Union sued San Francisco over the cross on Mount Davidson. The issue was pretty simple — a religious symbol on public land — but the furor was insane: critics attacked the ACLU up, down, and sideways and acted as if the separation of church and state was some form of blasphemy.

Yes: even in this tolerant, secular city, people get amazingly bent out of shape over this stuff. In fact, when I called Mission Police Station this week and asked why churches are allowed to use the middle of Guerrero Street for free parking on Sundays, Sgt. Larry Gray tried to talk me down.

"Tim, Tim, you don’t want to go up this tree," Gray, who is a charming and funny man, told me.

Sorry, Sarge, but I’m going there.

See, if you live in the Mission, it’s pretty hard to ignore. Double parking and parking in the medians is strictly illegal, and people get stiff tickets for it — except on Sunday morning, when churchgoers get a complete pass.

The churches don’t have to get permits or pay the city a fee or anything. According to Gray, there really aren’t any rules. The cops just look the other way.

"It’s a San Francisco tradition that goes back a hundred years," Gray told me. "They used to do the same thing with horses and buggies."

I know, I know, tradition and all. Last Sunday was Easter, for Christ’s sake, and I ought to give the believers a break. And on one level, it’s not that big a deal at all. The streets are still passable, mostly, although it’s a little more dicey for bikes and cars to coexist on a narrower strip of pavement. Traffic isn’t a big deal on Sundays (mostly), and if it is, people shouldn’t be driving so much anyway.

But nobody else gets to do this.

If you go to see the (secular) Mime Troupe in Dolores Park and you stick your car in the middle of the street, you get a ticket. If you drink at a (secular) bar or eat at a (secular) restaurant and you leave your car in the Valencia Street median, you get cited. You can’t double park while you run in for a (secular) cup of coffee at Muddy Waters.

So, with all due apologies to Sgt. Gray and the good people of faith, I have to ask again: Why do the churches get something nobody that else does? Am I the only one who thinks this is a bit sketchy?

I continue to get calls from people who are furious about the state’s plan to spray chemical pheromones from helicopters over San Francisco in August as a way to wipe out the Light Brown Apple Moth. Assemblymember Mark Leno and state Senator Carole Migden both are fighting it. Mayor Gavin Newsom wrote the governor this week to urge a health study before the spraying starts.

An environmental impact report is underway, but the state and the feds are calling this an emergency (the LBAM damages crops) and they’re planning to go forward no matter what.

I fear the only way to stop this is in court, with a challenge to the EIR — its timing, validity, the emergency declaration, etc. City Attorney Dennis Herrera ought to take this on. Thousands of people with young kids in the path of the spray would be immensely grateful.

Murder, revisited

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Editor’s note: The Chauncey Bailey Project just won a major national award, the Renner Award from Investigative Reporters and Editors. The award honors “outstanding reporting covering organized crime or other criminal acts” According to the IRE press release, tho award went to A.C. Thompson, Thomas Peele, Josh Richman, Angela Hill, Mary Fricker, G.W. Schulz, Cecily Burt, Bob Butler, Paul T. Rosynsky and Harry Harris for “The Chauncey Bailey Project.” Thompson works with New American Media, Peele, Richan, Burt, Rosynsky, Hill and Harris are from the Bay Area News Group. Fricker is a retired reporter from the Santa Rosa Press Democrat. Bob Butler is a freelance radio reporter. Schulz works for the Bay Guardian. The coordinator of the project is Robert Rosenthal, director of the Center for Investigative Reporting. “These stories would have been difficult to pursue under any circumstances,” the organization noted, “but it took extreme dedication to get at the truth following the assassination of Oakland Post Editor Chauncey Bailey. In the tradition of the Arizona Project, this coalition of Bay area journalists delved into questionable real estate deals and contracts involving the owners of Your Muslim Bakery in Oakland. The reporters raised questions about the thoroughness of a police investigation into the group before Bailey’s murder. They probed the interrogation and confession of Bailey’s alleged killer. And they carried on the work that Bailey intended to pursue before his death. (IRE is providing data analysis and computer services for the project). “ —————————————————————- SANTA BARBARA – Police here, responding to inquiries by the Chauncey Bailey Project, have re-opened an investigation into the unsolved 1968 shooting deaths of a couple affiliated with a mosque that was the forerunner to Your Black Muslim Bakery. Detectives could arrive in Oakland as early as this week to question Abdul Raab Mohammad, 71, formerly known as Billy X Stephens. He is the brother of late Your Black Muslim Bakery patriarch Yusuf Ali Bey, who was born Joseph H. Stephens. In the mid-1960s, the brothers converted to Islam in this seaside city 90 miles north of Los Angeles and founded a now-defunct mosque, planting the seeds of what eventually became the Bey organization, its Oakland bakery and a culture of African-American defiance and self-reliance. But just as those aspects of the bakery began in Southern California, so too did allegations of intimidation and crimes ranging from fraud to murder. On Aug. 17, 1968, two members of the Santa Barbara mosque, Birdie Mae Scott, 33, and her husband, Wendell Scott, 30, were slain with a 30.30 rifle as they slept in an apartment they shared with her two children, ages 13 and 10. Though he was never named as a suspect, records show the police investigation at the time focused largely on Billy X Stephens, who was the organization’s top leader as minister. Joseph Stephens served as its secretary. No arrests were made in the case. Police reports were copied to microfilm, archived and remained untouched for decades. Nearly 200 pages of documents about the Scott killings released by Santa Barbara police to the Chauncey Bailey Project show that detectives in 1968 focused on internal mosque disputes as the motive in the Scott killings. Wendell Scott, according to police documents, had written a letter to Nation of Islam leaders in Chicago complaining that he had been forced to burn two cars belonging to the Stephens brothers’ mother so insurance money could be collected. Billy Stevens learned of the letter and suspended the Scotts from the mosque, the documents said. The couple was killed weeks later. Documents also show similarities to the Aug. 2 killing of Oakland Post editor Chauncey Bailey, who was investigating the bakery’s finances and internal disputes. A handyman at the bakery has been arrested and charged with murder in connection with the shooting. The handyman, Devaughndre Broussard, 20, told authorities he shot Bailey because he wanted to be a “good soldier” for bakery leaders; he has since recanted that confession. In both the Scott and Bailey cases, police have theorized the slayings were carried out to silence critics of the Stephens/Bey family and their organizations. Another look Santa Barbara police said they will investigate the Scott killing again. “There has been some recent information from some cases up in Oakland that have some similarities,” said Santa Barbara Police Lt. Amando Martel. Detectives will “see maybe if there are any connections with the case in Oakland and the one here in 1968.” Billy X Stephens, in a telephone interview from his home in Oakland, denied last week having anything to do with the double slaying in Santa Barbara. “I didn’t do it. I don’t know who did it, nor did I know beforehand that it was going to happen,” he said. “I don’t have anything to hide.” He said the shooting had nothing to do with the mosque and that “outsiders” committed the crime. In their 1968 reports, Santa Barbara police wrote they suspected Wendell Scott was targeted because of his complaints about Billy and Joseph Stephens. Police noted that Birdie Scott’s brother, Toby Jackson, told them Wendell Scott was “trying to drop out” of the organization. “In those days … the only way you left the Black Muslims was feet first because you were privy to information that may have involved possible criminal activity,” said retired Santa Barbara officer Keene Grand, who worked on the case. In investigating the Scotts’ killing, police found a pattern of intimidation and fear within the mosque’s members. The mosque was a closed group that resolved its own problems and had little contact with outsiders, especially police, records show. “There were a lot of discussions and rumors (in 1968) of the potential of a connection (between the killings and) the mosque and some of (its) leaders,” Martel said. “People were reluctant to talk.” Detectives also ran into a tangle of family intrigue – Birdie Scott was the sister of Billy X Stephens’ former wife, Mary. Documents show that detectives believed Mary Stephens, who still lives in Santa Barbara, may have known more about the killings than she said at the time. In a brief telephone interview last week, Mary Stephens said she would welcome justice for her late sister but declined to discuss the slaying. “It’s been 40 years and I’ve put it out my mind and I don’t want to put my mind back on it,” she said. Five weeks after the killings, Billy and Mary Stephens married for a second time. Police reports note that several people told detectives the couple remarried because Billy X Stephens believed Mary could not be forced to testify against him if she was his wife. The couple divorced again in 1976. The early investigation Much of the investigation in 1968 focused on Billy X Stephens and a phone call he made to police the night of the shooting – a call that other mosque members told police was in direct violation of Stephens’ stringent policy against bringing outsiders into mosque affairs, according to police reports. Stephens, however, said no such policy existed. “There was no rule about not calling the police,” he said last week. “You wouldn’t do it if it was a family disturbance. Any time I hear a gunshot I call the police.” Documents show that Stephens phoned police at 2:30 a.m. Aug. 17, 1968, but didn’t report hearing gunshots from the Scotts’ apartment, which was directly above his in a shoebox-shaped complex Stephens managed just yards from U.S. Highway 101. Stephens “said he just finished a business phone call and had gone to bed and was just in ‘twilight’ sleep when he heard what sounded like a door slam,” a detective wrote. Stephens told police he called the Scotts’ phone several times to inquire about their welfare and became worried when no one answered, records show. Police found the Scotts’ apartment door kicked in and the couple dead in their bed. Each was shot twice. The children in the next room were unharmed. Police began an aggressive canvas of the neighborhood at dawn. At least six people interviewed said they’d heard four gun shots roughly 20 minutes earlier than Stephens’ call to police, the reports said. One man, who lived about 75 yards away, told detectives the shots came during the climactic scene of a movie he was watching on television. The detectives contacted the Los Angeles television station that broadcast the movie and found the scene the man described aired about 2:10 a.m. Other people who lived nearby told police they also heard the shots, followed by a more dull, cracking sound, and police speculated that the gunman may have entered the apartment with a key and kicked in the door when leaving to make it look as if entry was forced, according to documents. Police noted that Stephens managed the apartment complex. Stephens said he never heard any shots and suggested the killer used a rifle with a silencer attached. “I didn’t hear any shots,” he told the Chauncey Bailey Project. “I heard them rumbling down the stairs.” There is no reference in the police reports to Stephens telling police he heard anyone on the stairs. When detectives confronted Stevens with the time discrepancy and other questions, he became angry and refused their request to take a lie detector test, according to reports. Last week, Stephens said he didn’t take the lie detector test because a woman phoned him anonymously and told him police would use the results to arrest him. “They were trying to build a case against me,” he said. Another person named in police reports in 1968 was a former U.S Army soldier named Ermond Givens. He is a retired school janitor, now 70, who changed his name to Ali Omar and lives in Alameda. He served as the mosque’s lieutenant and was responsible for what he described in a recent interview as “training the Muslim soldier.” In an interview at his Alameda home, Omar first said there were never any problems at the Santa Barbara mosque during his tenure there. When reminded of the double killing, he remembered that police had never solved the case but said he knew little about it. Police reports show that a woman named Ida Hamilton, who was also a member of the mosque, told detectives that Omar was among those closest to Billy X Stephens. Omar said last week he had no information about the shooting. Birdie Scott’s daughter, Audrey Hazelwood, who was 13 the night of the killing and in the next bedroom, cannot recall hearing the fatal shots. She said her family deserves to know who killed her mother and stepfather. “Of course we do,” said Hazelwood, now 53 and living in Santa Barbara, “My (late grandmother) always said that she would live to see the day” when the case would be investigated again. “But I guess it’ll be in my lifetime.” Investigation hits a dead end Police continued to investigate through the end of 1968, documents show, but hit a dead-end when 30.30 shell casings found in the Scott’s bedroom didn’t have any fingerprints on them. In the days before DNA testing, police were left with little physical evidence. Martel, the Santa Barbara police lieutenant, said any breaks in the case will have to come from someone with knowledge of it who talks to detectives. Detectives, he said, will question people in both Santa Barbara and Oakland, where the Stephens brothers moved in 1970 with orders from a Nation of Islam leader to open another mosque. A year later, the brothers split – Billy X became Abdul Raab Mohammad and stayed with the Nation of Islam. He served as a minister in the organization for 44 years and is now living in Oakland. Joseph Stephens took the name Yusuf Bey and broke away from the Nation of Islam. He started his own organization, which became Your Black Muslim Bakery and served as a center of empowerment and employment for African Americans in Oakland. It was one of the few places where ex-convicts could find work. Cracks in the bakery’s respectability began to appear in 1994 when four of its associates were charged with assaulting and torturing a man over a real estate deal. Bey died in 2003 while awaiting trial on statutory rape charges, and the bakery soon descended into chaos. Yusuf Bey’s hand-picked successor, Waajid Aliawwaad, 51, soon disappeared and was found five months later in a shallow grave. Another of Bey’s protégés left town after several men opened fire on him as he left his house for work. Police suspected other members of the organization were involved in both crimes, which remain unsolved, largely because police have found no one willing to provide them with information, a decades long pattern of silence that apparently began in Santa Barbara. Bob Butler is a freelance journalist. Thomas Peele is an investigative reporter for the Bay Area News Group. Contact Butler at bobbutler7@comcast.net and Peele at tpeele@bayareanewsgroup.com. The Chauncey Bailey Project is a consortium of news organizations dedicated to continuing the reporting that Bailey, editor of the Oakland Post, was pursuing when he was killed Aug. 2. For information, contact Dori J. Maynard of the Robert C. Maynard Institute for Journalism Education at 510-684-3071. E-mail tips to gwschulz@sfbg.com.

Buster’s axed: City’s top earners next?

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Anyway you cut it, the city budget deficit is going to be painful

Sup. Chris Daly failed to save Buster’s Place from the budgetary chopping board today—a quest Sup. Tom Ammiano deemed “a Sophie’s Choice,” since it involved disappropriating funds that had been earmarked for making the Board’s Chambers wheelchair accessible.

“But I applaud Daly for trying to do an Immaculate Conception, a Hail Mary to make it work,” said Ammiano, as he joined Sups. Sean Elsbernd, Sophie Maxwell, Jake McGoldrick, Carmen Chu and Bevan Dufty to defeat Daly’s plan.

But by meeting’s end, the homeless weren’t the only ones feeling the city’s budget pain. Hundreds of highly paid city employees were surely chewing their nails, following Board President Aaron Peskin’s announcement that in light of the city’s $338 million deficit, he is drafting an ordinance to eliminate all base salaries over $150,000.

596 city employees make over $150,000 a year, according to the Controller’s Office.

But while the MTA’s Nathaniel Ford tops the list ($297,999), with the Retirement System’s David Kushner ($289,478) and Administrative Services’ Amy Hart ($264,524) in second and third place, followed by the Airport’s John Martin ($256,565), Controller Ed Harrington ($256,553) and DPH’s Dr Mitch Katz ($256,553), don’t expect them to be laid off any time soon.
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You can try dealing with the deficit with lots of little cuts from the bottom up.

As Peskin told the Guardian, the Board is not allowed to tinker with some positions, because of charter mandates.

“Some people are constitutionally protected, such as department heads,” Peskin said, “and Proposition D arguably protects police personnel who make over $150,000. And others are doctors at San Francisco General Hospital.”

But beyond those restrictions, a lot of folks could be standing in Peskin’s potential firing line.

“All of them, regardless of pay, perform an important function in the government,” Peskin observed, “but rather than do what the Mayor is doing and make 8 percent across-the-board cuts, we’re making sure that the most vulnerable people don’t get hurt.”
“And we don’t need public information officers in every department,” Peskin added, noting that their elimination would save the City about $50 million a year.
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Or try attacking the problem from the top down.

Peskin admitted that the police, fire and nurses MOUs, which Mayor Gavin Newsom negotiated last summer in the run up to his 2007 mayoral reelection, explain a large part of the City’s 2007-2008 budgetary woes.

“We are all to blame for that. The Board signed off on them, I’m not going to pretend we didn’t,” Peskin said, observing that this month’s axing of Buster’s Place and the Workers Compensation Clinic are “just the tip of the iceberg.”

“Come the Mayor’s budget, we’ll be crying over much larger things,” Peskin explained. “That’s why we need to take some radical steps now to lessen the impact.”

Monique Zmuda of the Controllers Office told the Guardian that the City will need to determine if the functions performed by folks who make over $150,000 are “mandated”. From the remaining sublist, Peskin will have to decide, “if he is truly intending to delete those jobs,” said Zmuda, noting that many of the remaining positions are lawyers, and that “it’s not Peskin’s intention to stop city departments from being able to do business.”

Pointing to the 8 percent cut that the mayor asked of departmental baseline budgets last November, and the additional 8 percent personnel cut that Newsom just announced, Zmuda said, “Peskin’s request means the Boad has additional options to consider, that it’s not just reacting to the Mayor’s proposal. If we have a $338 million gap, it’s better if the options add up to more than that, so that the Board can pick and choose and decide what is the highest priority to save and to cut.”

Or as Sup. Jake McGoldrick told the Guardian” I think Peskin is trying to invigorate a dynamic dialogue and debate.”

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And then, of course, there’s the Chinese toy axe.

In other Board-related news, the Olympic Torch debate continues to burn.
As protesters chanted ‘Mayor Newsom reject China’s bloody torch” outside City Hall, Sup.Tom Ammiano introduced a resolution urging the Mayor, the Mayor’s Office of Criminal Justice and the San Francisco Police Department to comply with the City’s Sunshine ordinance and immediately release the route of the April 9 torch run, along with other documents that the American Civil Liberties Union of Northern California requested on March 13.

And Board President Aaron Peskin sent Supervisor Chris Daly’s resolution, which proposes to accept the Olympic Torch with “alarm” in light of China’s Tibetan crackdown, to the Rules Committee this Thursday.

Lessons for the U.S. in Bolivia

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LA PAZ, BOLIVIA — I’ve spent a lot of time in recent months pondering people power, both for my article on the fifth anniversary of the Iraq War and in preparing for my trip to Bolivia, where since 2000 popular movements and direct action have ousted two presidents, thwarted water and natural gas privatization efforts, and brought former coca grower Evo Morales and his MAS (Movement Toward Socialism) Party to power.

Here in Bolivia, where everyone down to the poor street vendors are organized into unions and federations, the people can shut down entire cities or critical infrastructure for weeks on end. Solving the myriad problems facing this poor country may still be difficult, particularly with Morales facing a U.S.-backed upper class in revolt over the new proposed constitution, but there is a sense of real empowerment here, of true democracy in action.

In the U.S., we seem to have forgotten that definition of democracy, instead content to define it as what we do in voting booths, choosing between the two parties every couple years, or bitching about the government in conversations or blog posts. Five years ago today, we saw an exception to that approach on the streets of San Francisco.

But what if we didn’t go home? What if it was like Cochabamba, Bolivia in 2000, or El Alto and other departments spilling into La Paz in 2003, and the people stayed in the streets, absorbed the police and military crackdown, and developed into a broad uprising that drew in the middle class and made governing the country — let alone launching an ill-advised war — an untenable position?

It’s tough to imagine that scenario in the U.S., isn’t it? But whereas President Bush has arrogantly condemned Bolivia for what he sees as “a breakdown in democracy,” I think there are important lessons that we gringos can learn from our Bolivian brothers and sisters. Here, with no power beyond direct action, they have fundamentally altered the course of their country. But we in the States, with all our wealth and power, have allowed our government to illegally run amuck in the world, causing irreparable harm. And I think that’s something we should all ponder today and in the months ahead.

p.s. To read a travel journal of my five-week trip through Bolivia and Peru, visit my personal blog.

Newsom’s commission games

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EDITORIAL Mayor Gavin Newsom didn’t want Debra Walker, an artist and activist, running the Building Inspection Commission. He doesn’t want Theresa Sparks, a transgender woman and community leader, running the Police Commission. And now, we’ve learned, he doesn’t want Robert Haaland, a labor activist and one of the city’s most visible transgender leaders, to serve as vice president of the Board of Appeals.

But of course, the mayor thinks it’s perfectly fine to put two employees of Pacific Gas and Electric Company — an outfit that is suing the city, breaking the law, trying to subvert public power and cheating the public out of hundreds of millions of dollars a year — on city commissions.

This is what the second term of Mayor Newsom, who is now openly running for governor, looks like. It’s not pretty.

We knew the mayor had his sights on higher office, but now that it’s out in the open, almost everything he does at City Hall seems to be aimed not at improving San Francisco but at increasing his odds of moving up in the political world. Why, for example, would Newsom appoint Mary Jung, a PG&E customer services manager, to the Civil Service Commission, and Darlene Chiu, a PG&E City Hall flak, to the Small Business Commission? What possible qualifications could someone whose job involves promoting the interests of a giant corporation that routinely screws small business people have as an advocate for the city’s local merchants? Why would the Civil Service Commission, which deals with city employee issues, need the expertise of someone whose employer wants to prevent the city from creating more public jobs?

Why would Newsom be doing this — if he didn’t need the support of PG&E and its allies for his next political step?

Why would he be directing his appointees to keep out of leadership posts anyone with strong progressive credentials if he weren’t trying to build new bridges to the developers, the big employers, the police unions, and the more conservative interest groups he’ll need for a statewide campaign?

The bottom line is, Newsom needs to stop thinking about running his next campaign and start running the city — because this sort of commission funny business, this practice of treating important agencies that manage key city departments as nothing more than political patronage posts for rewarding allies and punishing enemies, is terrible for San Francisco.

It’s too late to do anything about Mary Jung, but the supervisors can, and should, overturn the Chiu appointment — and let the mayor know that putting PG&E executives on city commissions is unacceptable under any circumstances.

Meanwhile, the Board of Appeals votes for new officers March 19. By tradition, the top posts on the five-member panel rotate based on seniority, with an appointee of the mayor holding one job, and a board appointee the other. But Newsom’s three members have indicated that they won’t allow Haaland — a conscientious commissioner with an excellent record — to serve as vice president. That’s a slap in the face to labor, the queer community, and the supervisors. Newsom ought to show some political integrity and tell his appointees not to suddenly change the rules.

Resistance is futile — or is it?

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Resistance is futile — or is it?

It was a time without precedent in American history. The commander-in-chief voiced his intention to take the country to war — a voluntary, preemptive war with no clear catalyst, no faraway invasion or Pearl Harbor or sinking of the Maine — and millions of people shouted their opposition. With plenty of time to avert war, the protesters warned the invasion would be a costly disaster.

They were right. And it didn’t matter.

The war in Iraq was a test of our democratic ideals. It was a test that this country failed, a failure that has been felt by the people of the United States, Iraq, and elsewhere for the last five years. For many, the refusal of the US government to heed the demands of its citizens left them disillusioned and disempowered.

But others say it sparked a political change that woke up an apathetic citizenry, pulled the Democratic Party back to the left, and may have averted war with Iran.

It’s certainly arguable that the presidential campaign of Barack Obama owes its energy and success in part to the antiwar movement — and if Obama wins, he will be the first president in a long time who took office thanks to the support of a strong grassroots progressive movement.

Nowhere was the clash of people power and government will more acute than on the streets of San Francisco, where a series of massive marches, some drawing nearly 100,000 people, filled the streets prior to the invasion of Iraq on March 19, 2003. The onset of war led protesters to effectively shut down the city, resulting in about 2,300 arrests and millions of dollars in costs to the city.

President George W. Bush dismissed the protests, of course, but he wasn’t the only one. Political leaders such as Rep. Nancy Pelosi, then-Mayor Willie Brown and soon-to-be Mayor Gavin Newsom (who didn’t attend any of the marches, unlike progressives on the Board of Supervisors) condemned the peace movement for hurting an innocent city. But with the “battle for San Francisco” making international news, the protesters were more concerned with the global audience.

A month earlier, on the weekend of Feb. 15 and 16, there were coordinated protests against the impending war in about 800 cities around the world, drawing around 10 million people. The peace march in Rome included about 3 million people, earning a listing in the Guinness Book of World Records as the largest anti-war rally in history. People have never made such a loud and clear statement against an incipient war.

Beyond the numbers, the antiwar movement was also right. On every major issue and prediction, the messages from the street proved correct while those from the White House were wrong. The US wasn’t welcomed as liberators. There were no weapons of mass destruction. Iraq after the invasion isn’t a stable democracy or shining beacon to anyone but the new generation of jihadis Bush created.

We can blame a hard-headed president, ineffectual opposition party, failure of the national media, or the national climate of fear following Sept. 11. But rather than refighting that lost battle, now is the time to gain perspective on the events of five years ago and determine what it means for democracy and the post-Bush national agenda.

 

TO THE STREETS

There were two main umbrella groups organizing protests before the war: Direct Action to Stop the War (DASW) and International ANSWER (Act Now to Stop War and End Racism). ANSWER has remained active and DASW has recently been reconstituted for the fifth anniversary of the war, using direct action in San Francisco as well as other urban centers and outposts like Chevron’s refinery in Richmond, which has reportedly been processing Iraqi oil.

“With the fifth anniversary coming up, we’re going back to direct action on the streets,” said Henry Norr of DASW. “But I don’t have any illusions that it’s going to be like it was five years ago.”

The maddening march to an ill-advised war created a political dynamic in which a broad cross-section of Americans was willing to hit the streets.

“We had a wonderfully diverse group of people, from soccer moms to anarchists,” said Mary Bull, who cofounded DASW, a collective of various affinity groups and concerned individuals formed in October of 2002 as Bush started beating the drums of war.

It was a group fiercely determined to prevent the war — and really believed that was possible. In fact, Bull recalls how she and other members of the group burst out crying at one meeting when a key activist said the war was going to happen.

Richard Becker, who cofounded ANSWER and serves as its West Coast coordinator, said that in the summer of 2002, “we came to the conclusion that [the war] was going to happen.” The group called its first big protest for Sept. 15, 2002, and another one two weeks later. But the movement really exploded on Oct. 26 when almost 100,000 people took to Market Street, much of it a spontaneous popular uprising.

“We were overwhelmed,” Becker said. “We were in a perpetual state of mobilization to keep up with what was going on. But then it didn’t stop the war.”

Did he think they could?

“I think a lot of people thought maybe it was possible to stop it. And we thought maybe it was possible to stop it,” Becker said.

The high point, according to Becker and Norr, was Feb. 17, 2003, when the New York Times ran a front page analysis piece entitled “A new power in the streets” that claimed “the huge anti-war demonstrations around the world this weekend are reminders that there may still be two superpowers on the planet: the United States and world public opinion.” But then Colin Powell went to the United Nations to argue for the invasion, and the Democrats in Congress did nothing, and it became clear war was coming.

Norr stayed out there protesting, being arrested several times and even shot in the leg by Oakland police with a rubber bullet during a protest at the Oakland docks. And he thinks some good came from the experience.

“The lesson for people is the political and economic elites are committed to preserving and extending empire. And they basically say as much in their own writing,” Norr said. “Wars are not anomalies.”

Despite being a frustrating and depressing exercise, most saw benefits to the failed movement. “People got an incredible education about how the system really worked,” Becker said. “Building a movement is mostly about a series of setbacks.”

Medea Benjamin, cofounder of both Global Exchange and CodePink and fixture of the anti-establishment peace movement for years, was upbeat about the protests. “We did our job as citizens. We did what we were supposed to do: organize, get people to take action, get people onto the streets,” she said. “We did everything we could think of.

“What you take from it is we don’t have a very well-developed democracy because the people spoke and the government didn’t listen.”

25war2_Lars1.jpg The ever-evolving “Democracy Wall” on Valencia Street, March 2003, helped stir up debate (Photo by Lars Howlett)

 

FACING ARREST

The collective action of five years ago starts with a series of personal stories — tens of thousands of them — so let me briefly begin with mine.

My arrival in San Francisco was closely tied to the march to war. I was living in Sacramento and working as the news editor of the Sacramento News & Review when Bush began his saber rattling against Saddam Hussein, but by the end of 2002 I had a falling out with my boss and found myself jobless.

Like most Northern Californians who opposed the war, I came to San Francisco on Jan. 18 to make my voice heard and experienced a bit of serendipity on my way to Justin Herman Plaza: while reading the Guardian on Muni, I saw their advertisement for a city editor, a job that was ideal for me at a paper I’ve always loved. Needless to say, it was a great day, empowering and full of possibilities.

Less than two months later I was on the job, and on the second week of that job I was back on the turbulent streets of San Francisco, part of a Guardian team covering the eruption of this city on the first full day of war. When I stepped off the cable car just after 7 a.m., people were streaming up Market Street and I joined them.

When a large group stopped at the intersection of Market and Beale, I stopped too, taking notes and bearing witness to this historic, exciting event. I had a press pass issued by the California Highway Patrol that allowed me to cross police lines, so when police in riot gear surrounded us and threatened arrest, I held my ground with 100 or so protesters.

After interviewing about a dozen people about why they were there and that they hoped to accomplish (see “On the bus: Journalists, lawyers, four-year-olds — the cops were ready to bust anyone Thursday morning“), I was arrested with the others and taken to a makeshift jail and processing center at Pier 27 (no charges were filed in my case, and charges against all of the 2,300 people arrested here in those first few days of the war were later dropped).

I recently tracked down a few of the people who appeared in my article, including Daphne and Ross Miller, who were at the center of the most interesting drama to play out during our standoff with the police. She’s a family practice physician, he’s an architect, and they live in Diamond Heights with their two children, Emet, who is almost 9, and Arlen, 12, who was away on vacation when the war began.

“We were genuinely shocked that the war started,” Ross told me. “We were at some of the earlier protests and really thought there was no way [Bush] could do it.”

They woke up March 20, 2003, to news that the war had begun and immediately walked to the BART station with Emet and rode to the Embarcadero station, not really planning for the day ahead but just knowing that they had to make themselves heard.

“We were pissed as hell. I don’t think I’ve ever been so angry in my life,” Daphne said.

They quickly came up with a plan. “We basically decided that if anyone was going to be arrested, it was going to be Ross and I’d stay with Emet. But it didn’t end up that way and I ended up in the arrest circle.”

Daphne had their house keys and threw them over the police line to Ross at one point. A photographer in the circle had gotten shots of a man named Roman Fliegel being roughed up by police as they pulled him off his bicycle, which was towing a trailer with a sound system, and decided to throw his backpack with camera gear out as well. When Ross — who had four-year-old Emet on his shoulders — caught it and refused police orders to give it to them, police grabbed Emet and roughly arrested Ross, leaving a gash on his forehead.

“Rage surged through the crowd, and it seemed as if things might get ugly, but the police kept a tight lid on the situation, using their clubs to shove back protesters who had moved forward,” I wrote at the time.

Emet was delivered into the circle with Daphne as the arrests continued, many quite rough. “At that point, as a mom, I had to exercise the most restraint ever,” said Daphne, who was angry about the situation but fearful about what she was exposing her son to. “Please, don’t let any violence happen here,” she pleaded with the crowd. Eventually, commanders on the scene let the mother and child go.

“The officer who let me go said that if he saw me again out there, he would call Child Protective Services on me,” Daphne said. But two days later, still brimming with outrage at her country’s actions, she ditched a downtown medical conference to rejoin the street protests, this time solo.

The couple say they’ve lost friendships over the war and have become more engaged with politics, coming to believe that Bush and the neocons are malevolent figures who knew how badly the war would go and did it anyway to establish a large, permanent military base in Iraq.

“Since that day, we’ve been far more active,” Ross said. “We realized you can’t just trust the system. You have to push.”

But that determination was mixed with feelings of disempowerment and depression. They attended some of the protests that following year, but the couple — like most people — just stopped going at some point because they seemed so futile.

“There was a horrible sense of resignation and a genuine depression that followed,” Ross told me.

The nadir was when Bush was reelected and they considered leaving the country. But then, Ross said, “we decided we’re not just going to run away and we’re not going to accept this.” Looking back, even with the scare over Emet, they express no regrets.

“It was the right thing to do because it was the wrong war to have. I’d do it again and again and again if I had to,” Ross said

They’re guardedly hopeful that Barack Obama could begin to turn things around if he’s elected. “I think the right president can at least start to dismantle this,” Daphne said. “I think thousands of people marching in the streets is something he would listen to.”

25war3_Charles1.jpg A die-in on the streets of San Francisco in March 2007 marked the fourth anniversary of the invasion (Photo by Charles Russo)

 

WITNESS TO HISTORY

Covering the peace movement in those early days was a heady experience, like reporting on a revolutionary uprising or working in a foreign country where the people are organized and active enough to be able to shut down society and brave enough to risk bodily injury for their beliefs.

I was at the founding meeting of CodePink — which became the most effective group at personally confronting the warmongers and keeping the war in the public eye — one evening at Muddy Waters in the Mission District shortly after the war started.

Looking back, Benjamin rattled off a long list of the alliances the group built — with labor, churches, businesses, and a wide array of social movements — and creative actions intended to build and demonstrate popular support for ending the war.

“We’ve done so many things and what did we get? We got a surge,” she said. “It shows the crisis in our democracy, the crisis of the two-party system, the crisis of a dysfunctional opposition party.”

Yet she said the peace movement has been remarkably successful in convincing the public that the war was a mistake and that it’s time for the troops to come home, even if the Democrats have been slow to respond to that shift.

“The progress we’ve made is turning around public opinion and that’s going to play a big role in the upcoming elections,” she said. For Norr, the role of the news media is a particular sore spot. He was a technology reporter for the San Francisco Chronicle who called in sick on the first full day of war and was arrested on Market Street with his wife and daughter, resulting in suspension by editor Phil Bronstein for his actions.

I wrote several stories on the issue, which culminated in Norr being fired and Bronstein unilaterally banning Chron employees from peace protests. I even borrowed CodePink’s guerilla tactics when Bronstein repeatedly refused to return my calls or address why he had singled out antiwar protesters for uniquely punitive treatment. I confronted him during a speech he gave at the Commonwealth Club (see “Lies and half-truths,” 5/7/03). That was the tenor of the times: we were all tired of being lied to and we decided to push back.

Norr was particularly frustrated with his own paper’s reporting of the war and started sending articles by the foreign press to his paper’s news desk, trying to wake his colleagues up to the pro-war propaganda being passed off as journalism in this country.

He was also disappointed with the country and with the Chronicle — both the management and his fellow reporters, who did little to support him — but the experience caused him to return to his roots as a progressive activist.

“The war and losing the job and everything brought an abrupt end to my consumerist phase and dumped me back into the world of being an activist,” said Norr, who serves on the KPFA 94.1 FM local station board and has made three recent trips to the Palestinian territories while working with the International Solidarity Movement.

Benjamin said Americans shouldn’t expect the next president to end the war — not without lots of pressure from a renewed and vocal peace movement. “This is the time to set the stage for the post-Bush agenda,” Benjamin said. “Don’t put your hopes in Barack Obama in getting us out of Iraq. Put your hopes in the people.”

25war4_Lane1.jpg A rally and nonviolent direct action at the Richmond refinery targeted Chevron on March 15 (Photo by Lane Hartwell)

 

THE AFTERMATH

The San Francisco Police Department, which spent more than $2 million on overtime costs responding to peace protests between March 15 and April 16, 2003, generally behaved with restraint and professionalism, but there were several exceptions.

The most costly and disturbing incident came when Officer Anthony Nelson began aggressively swinging his long riot baton at protesters, badly shattering the arm of peaceful protester Linda K. Vaccarezza, who suffered a permanent disability in her career as a court reporter.

Nelson’s incident report falsely stated that Vaccarezza had threatened him with a sign attached to a solid pole, but video of the incident later clearly showed there was no pole and that she was retreating when he teed off on her (see “The home front,” 05/19/04).

Vaccarezza received an $835,000 settlement from the city in November of 2004. On Oct. 5, 2005, two and a half years after the incident, SFPD fired Nelson for lying about what happened that day, and the City Attorney’s Office has been successfully fighting Nelson’s appeals in court ever since, putting in more than $100,000 in attorney time and costs into the Nelson and Vaccarezza cases.

The other significant ongoing litigation from the antiwar protests involved Mary Bull, who was arrested during an early protest for pouring fake blood in front of the entrance to Chevron’s San Francisco office before being allegedly strip searched and left naked in her San Francisco Jail cell for 36 hours.

Ironically, Bull was among those who brought a successful class action lawsuit against Sacramento County after she and others protesting a logging plan were strip searched, setting a precedent and led most counties to reform their strip-search policies. She used her share of the $15 million judgment to buy an organic permaculture farm in Sebastopol.

Her San Francisco case, in which Bull won a multimillion-dollar judgment, is still under appeal and now in mediation. Bull said the protests five years ago did make a difference, something she tells those who fret about its apparent failure. “I tell them to look at what issues the candidates are talking about now and I thank them for protesting then.”

“Even though we had millions throughout the world, we were sort of blocked, but now we’re regaining that momentum,” Melodie Barclay, a massage therapist who was also arrested with me on the first day of the war, told me recently. “We can’t judge it by the fact that we didn’t get the momentum we wanted.”

Norr started his antiwar activism working with Students for a Democratic Society in Boston, protesting the Vietnam War, which he said shares many similarities with the current situation, for good or for ill. He said that people tend to forget that while the protests then were huge and helped end the war, the movement did wane after Nixon ended the draft and substituted massive aerial bombardment for boots on the ground.

“The protests dropped off considerably,” he said. “A lot of the things that drove people to take risks in the late ’60s had faded by the early ’70s.”

He thinks the current administration learned a lesson from those days: it’s easier to maintain a war effort if the average citizen isn’t affected.

But there are other factors as well keeping a lid on the antiwar outrage.

“The culture has changed too. Young people are oversaddled with debt. People in schools seem to be docile. The culture as a whole seems to be more individualist and consumerist,” Norr said.

Yet some young people have woken up and many of them are funneling their energies into a peace group that was formed in the summer of 2005: World Can’t Wait, as in: the world can’t wait for the end of Bush’s second term before we change our direction and leadership.

“We don’t just want them gone, we need to repudiate their program,” said Giovanni Jackson, a 26-year-old WCW student organizer. “If we’re going to change anything, we need the youth.”

Jackson was at WCW’s founding convention in New York City, which came just as New Orleans was being flooded and then essentially abandoned by the federal government.

“When [Kerry] lost, people felt demoralized and World Can’t Wait kind of stepped into that situation,” Jackson said. “There was a lot of demoralization in the antiwar movement at that time.”

The group organized protests and student walkouts on Nov. 2, 2005.

“Everyone has their moments of doubt,” he said, “but I’m motivated by the crimes we see everyday.”

 

THE LESSONS

One of the biggest barriers to galvanizing people and turning the fifth anniversary of the war into something that might make a difference is the presidential election, which is diverting the energy of many potential protesters — and at the same time, offering some hope that a new president may lead to peace.

After all, every single one of the Democratic presidential candidates has promised to withdraw troops from Iraq, with varying timelines and numbers of US personnel left behind. And with enough encouragement, they might be willing to help change the status quo.

Many of the activists who volunteered their time and money to help move the Obama campaign into its front-runner position came out of the antiwar movement, and Obama’s strong stand against the war has been a key factor in his popularity.

Becker and some other activists don’t have much faith that a change in presidents will change the course in Iraq, although he agrees that much of the energy now surrounding Barack Obama derives directly from the antiwar movement.

“There’s been a huge upsurge of hope for Obama and that he might bring about the kind of change we need,” Bull said, adding that she doesn’t share that hope, believing the only path to peace is to pressure Obama and other leaders to commit to more progressive positions.

Norr said, “On one level, people have illusions about the power of peaceful protests. People believe in democracy, as well they should. We feel like the rulers should be paying attention to public opinion.

“It’s a remarkable story how broadly and quickly the American people have turned against the war. Public opinion was certainly ahead of the Democrats.”

And people will only grow more disenchanted with Iraq and its multitude of costs. “The people here are paying for this war, and everyday we have new stories about health clinics being shut down,” Becker said.

Becker was amazed last March as massive demonstrations for immigrant rights seemed to explode out of nowhere. “We think there will be more things like that,” he said.

Because after five years of organizing communities to resist the military-industrial complex’s plans, Becker thinks there’s been some visible progress.

“There isn’t a town or hamlet in the US that doesn’t have activism going on, but you wouldn’t know it from the corporate media,” Becker said. “It’s a mistake for people to feel discouraged.”

Newsom to small business: Drop dead!

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By Bruce B. Brugmann

And so Mayor Newsom, who wants to run for governor when he still hasn’t learned to manage the city as mayor,
has bestowed the ultimate insult to small business in the City and County of San Francisco.

He has named a City Hall lobbyist for PG@E to the Small Business Commission.

Yes, you read correctly, Mayor Gavin Newsom has appointed Darlene Chiu, a PG@E lobbyst in City Hall, to the SBC.

How in the world does a company that has been screwing small business for decades inside and outside City Hall, stealing our cheap Hetch Hetchy public power for decades and forcing small business and residents to buy its expensive private power, yanking upwards of $650 million a year out of the city’s economy with its high rates, corrupting City Hall for decades with its lobbying muscle, qualify as a member of the Small Business Commission?

We put the issue in a diplomatic question and emailed it to the mayor. His press secretary, Nathan Ballard,
issued this statement this afternoon on Chiu’s glowing qualifications:

“Darlene Chiu was appointed to replace Florence Alberts after her term expired. Darlene has first hand knowledge of the challenges facing small businesses in San Francisco. She grew up working in her family’s these retail businesses in Chinatown, managing nine to l5 employees. She will also bring her knowledge of City government and communications to the Commission, which will be important to the successful operations and promotion of the assistance center.” (As one small business leader told me, “I don’t recall in the requirements of being on the commission that growing up as a child of small business owners quite meets the criteria.”)

No, no, no: PG@E is placing Chiu, via Newsom, on the SBC to help PG@E continue to facilitate the “successful operations and promotion” of further PG@E corruption in City Hall to protect its illegal private power utility in San Francisco. The supervisors can and should move quickly to reject the PG@E appointment.

More: Newsom to the Civil Service Commission: Drop dead. He appointed Mary Jung, a PG@E customer services manager, to the Civil Service Commission.

Meanwhile, as he further cemented PG@E power inside City Hall, he whacked three well qualified and conscientious commissioners: Debra Walker, an artist and activist, from heading the Building Iinspection Commission, Theresa Sparks, a transgender woman and community leader, from running the Police Commission, and Robert Haaland, a labor activist and one of the city’s most visible transgender leaders, from serving as vice president of the Board of Appeals.

Newsom is running for higher office and, as our editorial in tomorrow’s Guardian puts it, “almost everythihg he does at City Hall seems to be aimed not at improving San Francisco but at increasing his odds of moving up in the political world…Why would Newsom be doing this–if he didn’t need the support of PG@E and its allies for his next political step.

“Why would he be directing his appointees to keep out of leadership posts anyone with strong progressive credentials if he wasn’t trying to build new bridges to the developers, the big employers, the police unions and the more conservative interest groups he’ll need for a statewide campaign?” B3

SXSW: Playboy bods and yobs, “Body of War,” sniffing a Siltbreeze

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stopallwarsign.jpg
Signage modification – Austin, Texas-style. All photos by Kimberly Chun.

What a weird lil’ South By this is? Can it get any stranger than the evening of March 13, which started out at Stubb’s for a sold-out anti-war concert, “Body of War,” linked to the feature documentary on 25-year-old Tomas Young, who was paralyzed from a bullet to his spine, taken after serving in Iraq for less than a week. System of a Down’s Serj Tankian accompanied himself on piano, Billy Bragg presented a powerful “Farmer Boy,” and Kimya Dawson, Ben Harper, and RX Bandits filled out the bill. (Sightings of the Dawson’s infant being cartered by her partner, abounded throughout the fest).

excocaine.jpg
Gimme more Ex Cocaine.

Then it was off to the Siltbreeze showcase at Soho Lounge for a hand drum-driven Ex Cocaine from Missoula, Montana, and the stirring guitar-electronics invocations of Blues Control from Brooklyn. Good to see such a sizable crowd out for what many might see as a micro-niche night.

bluescontrol sml.jpg
Outta-hand Blues Control.

Made few pitstops at Friends for the soon-to-be capacity Carbon/Silicon showcase (witness the scores of disappointed Clash fans milling around before their 11:30 p.m. set outside, cordoned off by police tape just so they don’t get raucous). London’s Noah and the Whale plied their rootsy folky harmonies with sweetness and high spirits.

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Swallow this: Noah and the Whale.

More ambitious but definitely more streamlined lineup-wise, was Florence and the Machine, also from London town, over at BBC/Steve Lamacq’s event at the Rio. Like a sweet, over-the-top cross between Kate Bush and a high school musical theater star, Flo mimed drowning, quasi-tap-danced, and threw her gold-sequined jacket to an audience member when she grew encumbered. All accompanied only by ukulele. And with plenty of drama for all.

florenceandthemach sml.jpg
The Fantasticks, anyone? Florence and the Machine.

daftbunny sml.jpg

Time to queue for the Playboy/C3 (presenters of Lollapalooza, et al) ninth annual late-night party. The line wound round the block of the “301” warehouse and the media line (through the back entrance – I felt like I ought to be helping with the dishes!) was just as crazed. Once inside, after watching oodles of would-be media types getting turned away at the list, I spied Perez Hilton all in white, with white shorn locks, got my beverage (check the ample barbecue midnight snack), and studied the Heavy as they cozied up to playmates in sad drooping bunny ears and cotton tails.

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Things got Heavy.

bunny.jpg

Freedom is a ’69 Dodge

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When searching for recent signs of life in and recognition of country music’s biracial heritage beneath the rhinestone crust of NashVegas culture, I became an unwitting fan of Tupelo, Miss., singer-songwriter Paul Thorn via his "Mission Temple Fireworks Stand," as covered by Sawyer Brown with black sacred-steel whiz kid Robert Randolph. Then there were the good words passed on from Thorn’s participation last year at a Birmingham, Ala., medicine show for my friend Scott Boyer of Cowboy. Nor does it hurt that my all-time hero, Kris Kristofferson, has claimed, "Paul Thorn may be the best-kept secret in the music business. He and writing partner Billy Maddox turn out songs like a Mississippi Leiber and Stoller that put me in mind of Harry Crews’s creations — absolutely Southern, absolutely original." And when I finally caught up with this paragon last month at Manhattan’s Living Room, it was clear from the intimate set that Thorn lived up to the promise.

The goodwill extends to Thorn’s eighth album, A Long Way from Tupelo (on his Perpetual Obscurity imprint), although it gets off to an underwhelming start. Openers "Lucky 7 Ranch" and "Everybody Wishes" sound like subpar Bruce Springsteen — sans polemical stridency. Yet the slow-building, smoldering third cut gets to the heart of Thorn’s voice. "A Woman to Love" is an instant soul classic, and a great retro-nuevo standard for the postmodern South. His muse proceeds to get happy on the funky gospel of "I’m Still Here" and the passionate, torchy "Burnin’ Blue." Grammy darling and rockist hard-liver Amy Winehouse could make hay from "Crutches" — and should be encouraged to heed its message closely. And even soul twangmaster Travis Tritt’s recent The Storm (Category 5, 2007) could have been improved by including a cover of Thorn’s title track with its brimstone-full blues-rock power and tale of illicit romance. Thorn, raised by a preacher father in the Church of God, gets back to sanctified roots on "What Have You Done to Lift Somebody Up." Yass, y’all, the song comes quick with the holiness as it spreads a simple message of human kindness. Tupelo is an interesting case of an album getting stronger as it goes on, instead of kicking off with the expected fury. The later songs are suffused with soul and spirituality, as well as Thorn’s lyrical mix of home folks’ vernacular and trademark offbeat tragicomedy previously seen on beloved Thorn compositions like "Burn Down the Trailer Park." And the references to other artists demonstrate his creative possibilities and reach across roots-regarding genres. In this tricky transatlantic cultural moment, Thorn seems poised to emerge strong from his decade of steady toil at the margins of assorted scenes, including the Americana ghetto. Whereas in the past he has benefited from rich mentoring — friend and collaborator Delbert McClinton, Police manager Miles Copeland, late outsider artist the Rev. Howard Finster — Thorn may finally make it big purely on the strength of what’s unique to him. He charmingly makes his down-home allegiances plain by donning a Piggly Wiggly muscle T on Tupelo‘s back cover.

Thorn is prescient and fortunate enough to be releasing this effort amid what’s starting to look like another boom of magnificent Southern expression and genius — as demonstrated by a range of recent releases from Donnie, überATL-ien Janelle Monáe, Thorn’s homeboys the North Mississippi All-Stars, current toast Bettye LaVette, her producers the Drive-by Truckers, and Gnarls Barkley. Yes, such industry moves as appearances at South by Southwest and a Late Night with Conan O’Brien debut await Thorn this month, but what ultimately seems likely to put him across is the flexibility to open for and vibe with Toby Keith while reifying the wisdom of a black roadside Pentecostal preacher.

Right now, in their desperation, the music business and the scenes that orbit it seem more open to sounds beyond the overprocessed mainstream — even if the art boasts elements that tend to induce coastal prejudice like Thorn’s thick-as-molasses accent and his statement to Lone Star Music that "my music’s kind of like going to church with a six-pack." As for me, I’ll be down at the Piggly Wiggly preparing to tote a bouquet of pig’s feet and some RC Cola to this Renaissance man’s South by Southwest show.

PAUL THORN

March 25, 8 p.m., $15–$17

Little Fox Theatre

2215 Broadway, Redwood City

(650) 369-4119

www.foxdream.com

Freedom of Information: More sunshine — easily and at no cost

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› news@sfbg.com

Imagine sitting at home — or in your office, or in your favorite café — and listening in on what are now secret, backroom policy discussions and decisions in the San Francisco mayor’s office. Imagine having access to an immediate transcript of the talks. Imagine being able to read internal e-mail discussions among city staffers about issues that affect you — without ever filing a public records request. In fact, imagine never having to file another written request for public documents; imagine just going to a city Web site, entering a search term, and finding all of the records yourself.

Imagine filing a complaint with a city agency and tracking the issue, minute by minute, as it works its way through the system.

Imagine listening on your cell phone to any policy body as it meets in city hall.

All of this is possible, today. Much of it is not only consistent with but actually required by local law. And it won’t cost the city more than a modest amount of money.

Transparency is a common buzzword during this presidential campaign; the Barack Obama campaign has even issued a white paper describing policy and technological ways to embrace it. He’s talking about live Internet feeds of meetings about significant issues involving executive branch appointees as well as for those of regulatory departments (a program that would go far beyond what you see on C-SPAN).

So there’s no reason San Francisco can’t take the lead in using technology — generally simple, off the shelf, existing technology — to dramatically increase sunshine at City Hall and public participation in local government.

Proposition G, the city’s 1999 sunshine law, mandates that San Francisco use "all technological and economical means to ensure efficient, convenient and low cost access to public information on the Internet." Here are five easy ways to do that:

1. Fully adopt the voyeur concept for city meetings. This is the idea that the public should be able to observe and engage in government decision making — all government decision making.

All policy meetings in City Hall should at the very least be broadcast as audio on the Web and available via phone teleconference. In other words, the meetings should be streamed online, and that stream should be accessible by calling a free conference line. This is already standard practice in the business world and is working well for many investors in public companies that disclose financial information in compliance with Securities and Exchange Commission rules. It can be done for little or no cost with services like blogtalkradio.com, skype.com, freeconferencecalls.com, and webex.com.

Today only a limited number of public meetings are broadcast, mostly because the only outlet is SFG-TV and resources are limited. But audio streaming is a no-brainer — there’s no need for a staffer to control cameras, the microphones are already set up, and these days just about every room has a speakerphone.

Currently, the SFG-TV video coverage isn’t posted on the city’s Web site, sfgov.org, until two or three days after a meeting. That’s too long; the audio should be made immediately available online. And the Internet URL and dial-in options should be listed on the meeting agenda so that news media and citizen bloggers can instantly refer back to the URL with timecodes to point out specifics, and include them in their stories and blog postings.

With streaming, you can follow along in real time when you are stuck at home taking care of a sick relative, or at the office listening with headphones, or you are disabled and can’t cross town to attend in person.

The city already has a great contract for real time captioning — the text you see at the bottom of the screen for video. It’s not 100 percent accurate, but it’s pretty decent. That could be expanded to cover streaming audio, and the text could be computer translated (or translated by bilingual typists) into other common languages. The advantage of media integrated with RTC is that specialized search engines like blikx.com and everyzing.com can be used to find relevant phrases and begin playback directly at that spot. And transcriptions can be posted online in real time (somewhat like live blogging!) so that if you are late for a meeting you can quickly scan what has already transpired, and by the end of the meeting you will effectively have a draft of minutes. That saves a lot of staff time and provides an immeasurably more useful historic record.

Today, video recordings of city meetings can’t be downloaded — the only way to review it or post a clip to YouTube is to order a $10 DVD, which arrives a week after you send a check (and no, they don’t take PayPal). And while many other city meetings make audio recordings, you have to pay $1 for an audio tape and pick it up during business hours or pay more for postage. They all should be available as free podcasts.

The SFG-TV video shows more than just the speakers and officials; there are other angles, and they ought to be available too. It’s important to know who attended the meeting but never said anything, who greeted whom, and even who ignored whom.

2. Let the public do the broadcasting. All City Hall meeting rooms should provide wi-fi (and electrical outlets), and the system ought to have enough speed to allow bloggers or activists to upload high-quality video broadcasts of meetings that SFG-TV can’t afford to cover. It can be done using existing services like Justin.tv, Upstream.tv, and live.yahoo.com. This would also allow live blogging — and let people preparing to testify on an issue have access to the Web to do research on the spot. If the room had a projector and a screen, people who were unable to attend the meeting could still comment, either through video or just by posting text messages that the decision makers could read.

The audio broadcasting of meetings should be expanded to include all meetings between the mayor (or supervisors) and city staff. The law already requires public access to so-called passive meetings — those between the mayor or department heads and outside parties that influence city policy.

3. Make public most city emails and other documents as soon as they are produced.

San Francisco city employees produce thousands of records a day — e-mails, memos, reports, etc. — and the vast majority of them are and should be public record. But many are deleted and others never see the light of day. When a member of the public asks for all the records on a topic, just finding those documents can be a sizable task.

But it’s technologically simply to solve that problem: every time a city employee produces a document, the computer system should automatically send a back-up copy to a public web server. That way nothing would get lost or erased, and anyone looking for public information could simply go to that site and search for it him or herself.

For e-mails sent by city staff, one way might be to CC (carbon copy) an online message board (for example Google or Yahoo groups, which would be available at no cost to the city). Other approaches for instant messages, text messages and voicemails could be adopted as well. The Palo Alto City Council is already doing something like this for a narrow collection of e-mails (although not in real time).

We all know there are some city communications that must remain private or be redacted — for example Attorney Client discussions or human-resource conversations regarding personnel. But there are simply ways to make sure those stay confidential: one approach might simply have the user tick a flag or answer a Yes/No Possible Redaction popup when the message is sent. Certain employees — like the people who handle sensitive employee health records and certain litigators in the city attorney’s office — could have software that defaults to a confidential server.

The added advantage, of course, is that the computers could also make a record of the title and date of every confidential document — and that information could be made public. If a dispute arose over whether the city was improperly withholding records, the public would at least know that certain documents existed.

All city files could be stored on network drives (not on local drives) with one location for default public files that would not allow overwriting or deletions and would be mirrored to a Web server and another drive for the few that may require redaction first.

4. Save all the old records. After a very embarrassing lawsuit that is threatening the Missouri governor’s job, that state in January adopted an email retention system that preserves all email for at least seven years (based on federal requirements for financial records). And e-mail/instant message/text/fax retention systems are standard practice now in the financial industry (Morgan Stanley lost a $1.45 billion judgment because the company failed to preserve e-mail).

In fact, we all know storage continues to get cheaper and smaller — so San Francisco should abolish any retention timeframes for electronic records and keep them all into the foreseeable future. The world-famous Internet Archive is right here in the Presidio: I suspect that group would love to archive all the city information, and keep it online, free and forever.

When paper documents are part of the public record, they should be scanned and converted to text and posted within two days. This would include discussions between staff and individual members of policy bodies and the creation of the draft agenda and supporting materials as they are obtained.

All these methods would significantly reduce the number of public records requests to the city staff and thus save the city money.

5. Make calendars public — and keep communications public. Mayor Gavin Newsom won’t provide detailed daily calendars — even after the fact, when there is no possible security reason for keeping his workday itinerary secret. All top officials should post their calendars on the web so the public can track what they are doing.

The city needs to adopt a global policy that city business should be performed on city devices (computers, email accounts, phones) whenever possible — and when city employees or officials use their own computers or hand-held communications tools, those should be forwarded immediately to the city system and made public.

San Francisco has one of the best local Sunshine laws in the country — and at a time when activists at every level are looking for ways to use technology to expand public access, the city should be in the forefront. All it takes is some political will.

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Here are some more ways that the city could use technology to improve public access:

1. Use a program like govtrack.us to follow legislative changes.

2. Explore ways to bring nonprofits that perform traditional government services under sunshine laws.

3. Significantly improve the city’s Crimestats system (more real-time allow alerts for crimes near you) – google mashup et al. See http://chicago.everyblock.com/crime/

4. Embrace e-rulemaking technology – similar to federal rulemaking use technology to get ideas online and generate more participation for those who can’t show up in a meeting.

5. Require the Police Department to issue press credentials to bloggers.

6. Fund a few open-government lawsuits to expand the boundaries on access to public records (the law provides for attorney’s fees if the suit is successful).

7. Require city agencies to post the method for obtaining public records online. Require posting of all negative determinations on home pages.

8. At budget time, mandate that each agency provide statistics as determined by SOTF on sunshine responsiveness.

9. Require an assessment of sunshine compliance as a mandatory item for all Financial/Management audits.

10. Televise SOTF and Ethics Commission formal hearings.

11. Require active Ethics investigative files to be open.

12. Embrace fully the much-improved but incomplete example of posting online all interactions as part of large contract negotiations – as was partially done with TechConnect.

13. Host accounts payable/receivables online with the scanned images of invoices paid.

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Freedom of Information: Battleship metadata

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› sarah@sfbg.com

On Valentine’s Day, Assemblymember Jose Solorio (D-Santa Ana) introduced Assembly Bill 1978, legislation that seeks to define computer mapping systems and make them available to commercial interests at a fee — a one-two punch that freedom of information advocates fear constitutes a serious blow to the California Public Records Act.

Noting that computer mapping systems, computer programs, and computer graphic systems do not constitute public records under current law, Solorio’s bill seeks to amend the CPRA to define computer mapping systems to include "assembled model data, metadata, and listings of metadata, regardless of medium, and tools by which computer mapping systems are created, stored, and retrieved."

AB 1978 would also allow "commercial interests, who are most benefited by these systems, to obtain the portion of these systems developed by a public agency, at a fee designed to offset the agency’s cost of maintenance for the computer mapping systems."

But Oakland-based Bruce Joffe, who works as a geographic information consultant to cities, counties, and state agencies in California, warns that AB 1978 would allow public agencies to charge the public more for this data than the cost of duplication.

"It would severely weaken the CPRA and reduce the public’s access to government records," said Joffe, noting that as the law currently stands, CPRA requires state and local agencies to make their records available and, upon request, to provide copies on payment of any applicable fee.

Solorio aide Hazel Miranda told the Guardian that the intent of the bill is to protect software, not to restrict access to information.

"Our intent is to protect the software, not to restrict the information that is given out on it," Miranda said, noting that the bill’s sponsor is the government of Orange County. "The concern was that a lot of corporations were taking this information — and when the information is given out, you have to give out the software, too — and using it to their own benefit."

Joffe, who was the California First Amendment Coalition’s technical advisor when CFAC successfully sued Santa Clara County over access to the county’s tax maps, disagrees.

"When you give information out, you are not giving out software, you are giving out data in export format," said Joffe, who believes Solorio wants to change the law so that AB 1978’s sponsor, Orange County, which has sold its tax maps for $400,000 in the past, can continue to sell its data.

Holly Fraumeni, the AB 1978 lobbyist with the well-connected firm Putf8um Advisors, deferred questions to Bruce Matthias of Orange County’s legislative affairs, who told us, "The County of Orange has never disagreed on sharing public data. We are not trying to hide data down here. If you want it on a disk, we charge 25 cents. All we are doing is updating language in the bill. Our exclusive intent is to protect the software we’ve developed." Records show Orange County paid Putf8um Advisors $60,000 between October 1 and December 31, 2007.

CFAC executive director Peter Scheer believes AB 1978 is an attempt to take the information that CFAC has tried to make freely available and put it back under lock and key, so that it is proprietary information that can be sold.

Recalling how, years ago, the only way you could see a county’s tax maps was as an engineer’s rendering on paper, Scheer observed that when this data is computerized and made publicly available, "individuals and businesses can create all kinds of valuable tools or simply post the raw data on the Internet."

Blair Adams, chief consulting officer at San Francisco’s Department of Technology and Information Services, says the city’s GIS data has been publicly available for five years.

"We have no intent to change that," Adams said. "Our motto is ‘Go have it, and help us make it better.’<0x2009>"

But while San Francisco treats this data as a public record and copies it for the price of a blank DVD, Santa Clara and Orange counties have treated it as a revenue generator.

"They charge an arm and a leg, and another arm and leg, and whatever other appendages they can think of," said Scheer, noting that Santa Clara County charges $100,000 for a full base map of its real estate parcels — data that can be used to determine whether properties are assessed correctly, and whether pothole repairs are carried out equitably.

"Likely clients willing to purchase this data would be utilities, phone companies, and developers, who can’t do without it," Scheer said. "But public health and safety departments need access to it, too."

Joffe agrees, and it’s something he has plenty of experience with. He helps cities and counties create geographic information systems that allow ambulances to take the most efficient routes, the Department of Public Works to carry out better capital improvements, and the police to conduct better crime analysis.

"Every department uses it, and because it’s in the government system, therefore it is a public record, and the public has the right to access those records at no more cost than it takes to duplicate them," Joffe said. He added, "If AB 1978 passes, we’ll lose considerable access."

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Freedom of Information: 2007 James Madison Award winners

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Click here for details on the First Amendment Awards Dinner.

Norwin S. Yoffie Career Achievement Award

DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)


If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle.

Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s.

In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking.

More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism.

Beverly Kees Educator Award

CLIFF MAYOTTE


Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists."

The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show.

After an introduction to Documentary Theatre — a form he described as "oral history turned into performance" — the group selected a topic that was important to them, giving birth to the "Censorship Project."

The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance.

Professional Journalists

WILL DEBOARD


"Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful.

So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true."

The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career.

THOMAS PEELE


Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000.

ROLAND DE WOLK


KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest.

De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes.

"We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk.

But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said.

"Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators.

Broadcast News Outlet

KGO-TV


When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush.

"It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which."

Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over.

Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government."

Print News Outlet

SACRAMENTO BEE


The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories.

"We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening."

Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories.

Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners.

In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories."

Community Media

THE BERKELEY DAILY PLANET


One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001.

The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records."

Special Citation Award

CHAUNCEY BAILEY PROJECT


After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project — the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona — can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey.

Public Official

MARK LENO


It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade.

Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law.

So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web — and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it.

That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem.

"It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage."

Library

UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT


It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job.

As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections.

The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country.

Legal Counsel

RACHEL MATTEO-BOEHM


Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data.

The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it.

Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us.

Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public — and other counties with similar data, seeing the results of the suit, are following that rule.

The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye."

Whistleblower

DAN COOKE


When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park — where he’d been working as an historical interpreter for over a decade — was foremost on his mind. But he lost his job after the story was published — apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job.

Citizen

SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)


SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect — city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days.

"Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment."

Electronic Access

CARL MALAMUD, PUBLIC.RESOURCE.ORG


For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system.

Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 — all for access to supposedly public information.

Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge.

THE SOCIETY OF PROFESSIONAL JOURNALISTS
NORTHERN CALIFORNIA CHAPTER presents the 23RD ANNUAL JAMES MADISON FREEDOM OF INFORMATION AWARDS DINNER

MARCH 18, 2008
NEW DELHI RESTAURANT
160 ELLIS STREET
SAN FRANCISCO
No-host bar @ 5:30 p.m.
Dinner/Awards @ 6:30 p.m.

TICKETS:
$50 SPJ members & students
$70 General public
For more information, contact David Greene (dgreene@thefirstamendment.org)

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