Police

Prop. 83 will never work

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The LA Times reports that “Jessica’s Law,” which mandates electronic tracking of all sex offenders, is never actually going to work.

The law — which was nothing but a Republican bid to embarass Democrats in a key election year — is too expensive, impractical and unenforceable, the Times reports:

“I don’t know of any agency that has the resources to track and monitor . . . in real time,” said Vacaville Police Chief Richard Word, president of the California Police Chiefs Assn. “You’ll need an air traffic controller to track these folks.”

That’s what happens when Republicans push a dumb law and most Democrats are too chicken to fight it.

(Thanks to David Dayen at Calitics for catching this.)

An Appeal to Barack Obama

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“The Democrats have been stuck in the arguments of Vietnam, which means that either you’re a Scoop Jackson Democrat or you’re a Tom Hayden Democrat and you’re suspicious of any military action. And that’s just not my framework.” – Sen. Barack Obama.

Barack, I thought Hillary Clinton was known as the Great Triangulator, but you are learning well. The problem with setting up false polarities to position yourself in the “center”, however, is that it’s unproductive both politically and intellectually.

Politically, it is a mistake because there last time I looked there were a whole lot more “Tom Hayden Democrats” voting in the California primary and, I suspect, around the country, than “‘Scoop’ Jackson Democrats.” In fact, they are your greatest potential base, aside from African-American voters, in a multi-candidate primary.

More disturbing is what happens to the mind by setting up these polarities. To take a “centrist” position, one calculates the equal distance between two “extremes.” It doesn’t matter if one “extreme” is closer to the truth. All that matters is achieving the equidistance. This means the presumably “extreme” view is prevented from having a fair hearing, which would require abandoning the imaginary center. And it invites the “extreme” to become more “extreme” in order to pull the candidate’s thinking in a more progressive direction. The process of substantive thinking is corroded by the priority of political positioning.

I have been enthused by the crowds you draw, by the excitement you instill in my son and daughter-in-law, by the seeds of inspiration you plant in our seven-year old [biracial] kid. I love the alternative American narrative you weave on the stump, one in which once-radical social movements ultimately create a better America step by step. I very much respect your senior advisers like David Axelrod, who figured out a way to elect Harold Washington mayor of Chicago. You are a truly global figure in this age of globalization.

But as the months wear on, I see a problem of the potential being squandered. Hillary Clinton already occupies the political center. John Edwards holds the populist labor/left. And that leaves you with a transcendent vision in search of a constituency.

Your opposition to the Iraq War could have distinguished you, but it became more parsed than pronounced. All the nuance might please the New York Times’ Michael Gordon, who helped get us into this madness in the first place, but the slivers of difference appear too narrow for many voters to notice. Clinton’s plan, such as it is, amounts to six more years of thousands of American troops in Iraq [at least]. Your proposal is to remove combat troops by mid-2010, while leaving thousands of advisers trying to train a dysfunctional Iraqi army, and adding that you might re-invade to stave off ethnic genocide. Lately, you have said the mission of your residual American force would be more limited than the Clinton proposal. You would commit trainers, for example, only if the Iraqi government engages in reconciliation and abandons sectarian policing. You would not embed American trainers in the crossfire of combat. This nuancing avoids the tough and obvious question of what to do with the sectarian Frankenstein monster we have funded, armed and trained in the Baghdad Interior Ministry. The Jones Commission recently proposed “scrapping” the Iraqi police service. Do you agree? The Center for American Progress, directed by Bill Clinton’s former chief of staff, is urging that all US troops, including trainers, be redeployed this year. Why do you disagree? Lately you have taken advantage of Hillary Clinton’s hawkishness on Iran to oppose bombing that country without Congressional authorization. But you carefully decline to say whether you would support bombing Iran when and if the time comes.

This caution has a history:

– you were against the war in 2002 because it was a “dumb war”,
but you had to point out that you were not against all wars, without
exactly saying what wars you favored;

– then you visited Iraq for 36 hours and “could only marvel at
the ability of our government to essentially erect entire cities
within hostile territory”;

– then as the quagmire deepened, you cloaked yourself in the
bipartisan mantle of the Baker-Hamilton Study Group, which advocated
leaving thousands of American troops in Iraq to fight terrorism, train
the Iraqis until they “stand up”, and sundry other tasks of
occupation;

Perhaps your national security advisers are getting to you when it should be the other way around. Their expertise is not in the politics of primaries. If anything, they reject the of populist peace pressure influencing elite national security decisions. The result is a frustration towards all the Democratic candidates for what the Center for American Progress has recently called “strategic drift.” The political result is the danger of returning to John Kerry’s muffled message in 2004. The policy result may be a total security disaster for our country, draining our young soldiers’ blood and everyone’s taxes on the continuing degradation of our national honor in a war which cannot be won.

Just for the record, let me tell you my position on Iraq. I think the only alternative is to begin a global diplomatic peace offensive starting with a commitment to withdraw all our troops as rapidly as possible. That is the only way to engage the world, including the Iraqi factions, in doing something about containing the crises of refugees, reconciliation and reconstruction. It means negotiating with Iran rather than escautf8g to a broader war. If you want to “turn a new page”, it should not be about leaving the Sixties behind. It will be about leaving behind the superpower fantasies of both the neo-conservatives and your humanitarian hawks. And yes, it is to be “suspicious”, as Eisenhower and John Kennedy came to be suspicious, of the advice of any Wise Men or security experts who advocated the military occupation of Iraq. Is that position as extreme as your rhetoric assumes?

Your problem, if I may say so out loud, and with all respect, is that the deepest rationale for your running for president is the one that you dare not mention very much, which is that you are an African-American with the possibility of becoming president. The quiet implication of your centrism is that all races can live beyond the present divisions, in the higher reality above the dualities. You may be right. You see the problems Hillary Clinton encounters every time she implies that she wants to shatter all those glass ceilings and empower a woman, a product of the feminist movement, to be president? Same problem. So here’s my question: how can you say let’s “turn the page” and leave all those Sixties’ quarrels behind us if we dare not talk freely in public places about a black man or a woman being president? Doesn’t that reveal that on some very deep level that we are not yet ready to “turn the page”?

When you think about it, these should be wonderful choices, not forbidden topics. John Edwards can’t be left out either, for his dramatic and, once again, unstated role as yet another reformed white male southerner seeking America’s acceptance, like Carter, Clinton and Gore before him. Or Bill Richardson trying to surface the long-neglected national issues of Latinos. I think these all these underlying narratives, of blacks, women, white southerners and la raza – excuse me, Hispanic-Americans – are far more moving, engaging and electorally-important than the dry details of policy.

What I cannot understand is your apparent attempt to sever, or at least distance yourself, from the Sixties generation, though we remain your single greatest supporting constituency. I can understand, I suppose, your need to define yourself as a American rather than a black American, as if some people need to be reassured over and over. I don’t know if those people will vote for you.

You were ten years old when the Sixties ended, so it is the formative story of your childhood. The polarizations that you want to transcend today began with life-and-death issues that were imposed on us. No one chose to be “extreme” or “militant” as a lifestyle preference. It was an extreme situation that produced us. On one side were armed segregationists, on the other peaceful black youth. On one side were the destroyers of Vietnam, on the other were those who refused to
submit to orders. On the one side were those keeping women in inferior roles, on the other were those demanding an equal rights amendment. On one side were those injecting chemical poisons into our rivers, soils, air and blood streams, on the other were the defenders of the natural world. On one side were the perpetrators of big money politics, on the other were keepers of the plain democratic tradition. Does anyonebelieve those conflicts are behind us?

I can understand, in my old age, someone wanting to dissociate from the extremes to which some of us were driven by the times. That seems to be the ticket to legitimacy in the theater of the media and cultural gatekeepers. I went through a similar process in 1982 when I ran for the legislature, reassuring voters that I wasn’t “the angry young man that I used to be.” I won the election, and then the Republicans objected to my being seated anyway! Holding the idea that the opposites of the Sixties were equally extreme or morally equivalent is to risk denying where you came from and what made your opportunities possible. You surely understand that you are one of the finest descendants of the whole Sixties generation, not some hybrid formed by the clashing opposites of that time. We want to be proud of the role we may have played in all you have become, and not be considered baggage to be discarded on your ascent. You recognize this primal truth when you stand on the bridge in Selma, Alabama, basking in the glory of those who were there when you were three years old. But you can’t have it both ways, revering the Selma march while trying to “turn the page” on the past.

This brings me back to why you want to stand in the presumed center against the “Tom Hayden Democrats.” Are you are equally distant from the “George McGovern Democrats.”, and the “Jesse Jackson Democrats”? How about the “Martin Luther King Democrats”, the “Cesar Chavez Democrats”, the “Gloria Steinem Democrats”? Where does it end?

What about the “Bobby Kennedy Democrats”? I sat listening to you last year at an RFK human rights event in our capital. I was sitting behind Ethel Kennedy and several of her children, all of whom take more progressive stands than anyone currently leading the national Democratic Party. They were applauding you, supporting your candidacy, and trying to persuade me that you were not just another charismatic candidate but the one we have been waiting for.

Will you live up to the standard set by Bobby Kennedy in 1968? He who sat with Cesar Chavez at the breaking of the fast, he who enlisted civil rights and women activists in his crusade, who questioned the Gross National Product as immoral, who dialogued with people like myself about ending the war and poverty? Yes, Bobby appealed to cops and priests and Richard Daley too, but in 1968 he never distanced himself from the dispossessed, the farmworkers, the folksingers, the war resisters, nor the poets of the powerless. He walked among us.

The greatest gift you have been given by history is that as the elected tribune of a revived democracy, you could change America’s dismal role in the world. Because of what you so eloquently represent, you could convince the world to give America a new hearing, even a new respect. There are no plazas large enough for the crowds that would listen to your every word, wondering if you are the one the whole world is waiting for. They would not wait for long, of course. But they would passionately want to give you the space to reset the American direction.

What is the risk, after all? If “think globally, act locally” ever made any sense, this is the time, and you are the prophet. If you want to be mainstream, look to the forgotten mainstream. You don’t even have to leave the Democratic Party. It’s time to renew the best legacy of the Good Neighbor policy of Roosevelt before it dissolved into the Cold War, the Strangelove priesthood, the CIA coups in Iran and Guatemala, the sordid Bay of Pigs, the open graves of Vietnam. It’s time to renew the best legacy of the New Deal before it became Neo-Liberalism, and finally achieve the 1948 Democratic vision of national health care.

May you – and Hillary too – live up to the potential, the gift of the past, prepared for you in the dreams not only of our fathers, but of all those generations with hopes of not being forgotten.

Civil service bait and switch

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› gwschulz@sfbg.com

Roger Gainey thought he had what it takes to become a supervisor at the San Francisco Juvenile Probation Department.

He certainly met the basic criteria: "May be required to restrain hostile or agitated youth…. Requires ability to work in stressful situations…. Minimum four years of verifiable professional experience as a juvenile probation officer."

Gainey has worked as a probation officer in the department for eight years and received satisfactory performance evaluations from superiors. His big, muscular frame commands attention from people around him, even violent young toughs. But his soft facial features and cool manner seem to convey the thoughtful side necessary to work with directionless teens. "I’ve worked in all of the units," he told the Guardian, "pretty much throughout the whole department."

Most of all, Gainey, an African American, earned the top score on a difficult civil service exam that was offered in March for the first time since Gainey began at the department, beating 24 other applicants gunning for the same promotion.

So why did department managers skip over him and select four other applicants with lower scores on the combined written and oral test?

Alphanso Oliphant, who’s also black, believed he too possessed all of the right qualities to become a supervisor and lead 10 to 12 staffers in this often tense environment. He’s worked as a juvenile probation officer for 21 years and earned the second-highest score.

But he was also passed over for advancement.

Oliphant speaks deliberately, with a soothing voice, his visage distinguished by weary eyes and a slender moustache. He and Gainey wore well-pressed suits and detention center access badges around their necks as we met recently over lunch in West Portal, not far from the department’s central office on Woodside Avenue.

"I’ve had numerous supervisors," Oliphant said. "Not one has ever, ever raised the issue of inability to perform, inability to communicate properly, inability to work with the families. That’s all verifiable."

Gainey’s current assignment involves working with about 40 young people at a Juvenile Probation Department–affiliated school known as the Principal Center Collaborative Campus, where many of the students have drug and alcohol problems and require mental health services.

Oliphant is a court officer responsible for presenting the department’s recommendations for cases appearing on the docket each day — the top task he can perform under his current job classification.

The department first announced the available supervisory positions in January, and three days’ worth of examinations were taken by applicants this spring. But in the week following the test period, a personnel manager for the department named Samuel Kinghorne made an agreement with a union representative from the Operating Engineers Local 3 (who did not return calls seeking comment) to change a long-standing civil service rule reguutf8g how individuals are promoted.

The cornerstone of the city’s civil service system is its merit component. By requiring that applicants for available positions be given exams, the city can ensure that those with the highest qualifications will get the job. The Civil Service Commission here is one of the oldest in the nation, in fact, first formed in 1900 as a response to the entrenched municipal cronyism rampant in cities around the nation, including San Francisco.

For years top scorers on civil service exams were selected for open positions under what’s known as the rule of three. It required managers to promote from among those who earned the highest scores, which surely would have meant new jobs for Oliphant and Gainey.

The rule of three became official city policy in San Francisco nearly 20 years ago, and the concept has existed at the federal level for decades as a way to prevent patronage and favoritism.

At the time the job openings were announced, however, the Juvenile Probation Department was negotiating with Local 3 over an alternative selection process called the rule of the list, which is permitted under city guidelines only if applicants are notified of the change at the time the job openings are announced. The rule change allowed managers — in this case juvenile probation chief William Sifferman — to promote from a much larger group of applicants, including those who had earned lower scores on the exam.

But the change was not agreed on until months later, just after the tests were taken, leading Oliphant and Gainey to believe the department tinkered with the promotion process only after it learned who had made it to the top of the list.

"When a black man is in a position to make that touchdown, the goal line moves," Oliphant said. "The goal line moved here."

Department personnel analyst Barry Biderman, who was involved in the negotiated rule change, says it took months to settle because he was simply having trouble getting in touch with the union. "I had left messages with the union a number of times," he said. "The formal letter just took a while to sign."

Sam Kinghorne, who finalized the change with the union, insisted there was "nothing illegal about that" but mostly refused to comment, pointing to union grievances filed by Oliphant and Gainey. "You guys are barking up the wrong tree," Kinghorne said. "I’m not going to give you a spicy story. But remember that it’s up to the appointing officer to [make the selection]."

That’s true. As long as the rule of the list is in place, the department head can pick whomever he wants for the job from among those who passed the test, narrowly or not. The decision maker was Sifferman, but he called it a "personnel matter" and refused to explain why he selected four people for promotions other than Gainey and Oliphant, including one applicant who scored a 937 to Gainey’s 1060.

"I followed the process as it was described in the job announcements and all of the procedures that were outlined there," Sifferman said.

Carl Bellone, a longtime public administration professor at California State University, East Bay, concedes that the rule of the list may "lend itself to more potential for abuse" than the rule of three.

The trick is finding a balance between a century of civil service rules designed to ensure clean government and the reality that top test scorers may not always be the best candidates. "Ironically, a lot of people wanted to go to the rule of the list for affirmative action reasons," Bellone said. "You can go lower on the list to select a woman or African American."

But the rule of the list can also allow managers and politicians to limit promotions to loyalists who will do their bidding, or exclude those who aren’t afraid to openly criticize an agency’s performance.

"It completely and totally … prostitutes the promotional process," said Gary Delagnes, president of San Francisco Police Officers Association, which has long resisted the rule of the list. "If you give an exam — any exam — and you tell the person that finished number one, ‘We’re not going to give you this promotion, because we don’t think you’re up to the task,’ then what’s the point? You might as well go in alphabetical order."

Regardless of motive, the move by Juvenile Probation Department managers at least looks unseemly, considering Oliphant and Gainey are black (one African American woman was selected; the rest were not black). So each filed a complaint with the federal Equal Employment Opportunity Commission and the San Francisco Civil Service Commission.

The timing of the new selection rule "suggests the change was made solely to give management the ability to exclude certain individuals from promotion and allow other, lower scoring individuals, to [advance]," Gregg Adam, a lawyer for the duo, wrote to civil service officials and the San Francisco Department of Human Resources in August.

The union that agreed to the rule change didn’t even represent Gainey and Oliphant — Local 3’s rank and file are supervisors, the title the men were hoping to attain. Officials at the Human Resources Department looked into the matter but insisted in a report called for by Adam that management had done nothing wrong. The Juvenile Probation Department was unaware of the test results before it changed the promotion policy because its outside consulting firm hadn’t graded them yet, the September report concluded. It also said that the rule of three policy allows for a slightly broader pool of eligibility when more than two positions are vacant.

On the other hand, the report does acknowledge that managers began grading the oral portion of the exams right away. And the list of those who were promoted wasn’t unveiled until August, long after the tests were first administered and all of the scores were in. But "there was no evidence" that the rules were changed in an attempt to discriminate against Gainey and Oliphant, according to the report.

Anita Sanchez, executive officer of the Civil Service Commission, recently finished a probe for her department and told us she believes the Juvenile Probation Department management’s claim that they had no idea who had earned top scores on the test before broadening the list of applicants eligible for promotion.

But Gainey and Oliphant say the experience has soured them on the Juvenile Probation Department.

"A lot of the kids were rooting for me at the [Principal Center Collaborative Campus]…. They were all cheering me on," Gainey said. "Then all of a sudden they found out I didn’t get it. The kids were more hurt than I was." *

Out of the shadows

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› a&eletters@sfbg.com

So if you see me, I be where they don’t battle rhyme

28 and zipper or Eighth Street and Adeline

— Shady Nate, "Banga Dance (Remix)" (Zoo Ent.)

I meet up with Shady Nate at Eighth Street and Adeline, in the Acorn neighborhood of West Oakland, where he spent his youth. As we scout locations for photos, a man walks by peeling a tangerine. "I survive in West Oakland," he mutters, more to himself than to us. The statement fits the hard surroundings, though Shady’s presence lifts the general mood.

"Shady Nate?" an older drunk wearing gold chains and riding a kid’s bike enthuses. "You doin’ it big!"

A woman approaches, claiming she knows Shady. He punches her number into his phone. "I don’t know her," he says afterward, laughing. Another dude tells me he loves Livewire, the crew whose members include Shady and pint-size phenom J-Stalin from the adjacent Cypress Village hood. "They make music for us," the dude says with pride.

This appreciation is worth underscoring. The usual criticisms of ghetto rap’s violent, dope-slinging content always overlook the fact that it’s a product of its environment. Glorification or not, the grimy depictions of street life by rappers like Shady mean the world to people who would otherwise have no voice articuutf8g their struggles. As Mistah FAB put North Oakland on the rap map, so Shady has done for the Acorn, appearing alongside heavyweights Keak Da Sneak and San Quinn on J-Stalin’s hit "Banga Dance" remix.

Now Shady has his whole hood behind him, giving him the necessary buzz to launch his solo career. Recently signed to Hieroglyphics member Tajai’s Clear Label Records, which plans to drop his debut, Son of the Hood, in March 2008, Shady is currently warming up the streets with two projects: the Demolition Men mixtape Early Morning Shift 2, cohosted by Stalin, and a DJ Fresh album, Based on a True Story (FreshInTheFlesh). Combined with the recent successful Livewire West Coast tour, the discs confirm Shady’s taking his game to the next level.

BASED ON A TRUE STORY


"I got away with hella bad shit as a teen," the tall, wiry 26-year-old born Nate Findley confesses. "I always went to school, but after I’d be in the street with my partnas. I never got caught until I was 18, an adult. That’s how the corner is."

"My first case was a 211, a robbery," he says ruefully. "That fucked me up. Every time I get jacked [stopped by cops "on suspicion"], they punch my name in, first thing they see: ‘Oh, yeah, 211.’ I ain’t on probation. I don’t do nothing no more. But something you did as a kid haunts you even when you got a new life. So I’m motivating my people to do something else."

Yet even in his young d-boy days, Shady was already honing his MC skills. "The block would get hot, so we’d go to the studio," he explains. "But we wasn’t no real rappers. I started taking it seriously around ’03, when I hooked up with Stalin, seeing all the people he was meeting. I ain’t never really met nobody that really rapped before.

"Stalin helped me record my first solo mixtape, Shady Acres [2004]," Shady continues. "Then I got on his album On Behalf of the Streets [Livewire, 2006]."

GARAGE DAYS RE-REVISITED


That was around the time I met Shady at the Garage, the now-legendary East Oakland studio where On Behalf was produced by the Mekanix. At the time, Shady was hanging back, soaking up game, and the game was thick: everyone from the Mob Figaz to Kaz Kyzah, Keak, and FAB routinely came through. When the Mekanix teamed with Stalin and Kaz as the Go Boyz, Shady hopped on the project, laying down his first major tracks like "What I Seen," which appears on Early Morning Shift 2.

"Meeting these cats on the radio motivated me to work harder," Shady says. "I was kinda timid at first. I knew I could rap, but these niggas been doing this shit for a minute. I just got more confidence now."

It was impossible not to notice. In the months following the Go Boyz sessions and the closure of the Garage due to near-constant police surveillance, Shady’s raps took on a new intensity, documented in appearances on Beeda Weeda’s Homework (PTB, 2006) and Stalin’s original Early Morning Shift (2006). His flow has gone from sick to lethal: it’s an elastic, melodic delivery that accelerates to double time as it plows its way to the end of the verse. Though the slang isn’t as dense, the combination of speed and rhythm treads on E-40 terrain, repeatedly forcing you to rewind to figure out just what Shady is saying.

With his name ringing bells throughout Oakland, it’s easy to see why Clear Label — responsible for Beeda Weeda’s Turfology 101 (2006) — picked Shady as its next artist. Showcasing beats by Droop-E, the Mekanix, Beeda’s PTB camp, DJ Fresh’s Whole Shabang, and Traxademix, the upcoming Son of the Hood promises to be one of the hot releases of 2008.

"That’s my debut right there," Shady says with pride. "It’s sick. This is my first time having unlimited studio time. I can leave the club at 3:30 in the morning and go to the Hiero lab, and I ain’t never been like that before. I got my mojo back, so it’s good." *

Behind the Bey empire

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Editor’s Note: The Chauncey Bailey Project, a collaboration of local media outlets including the Guardian, is investigating the circumstances surrounding the Aug. 2 murder of Bailey, an Oakland journalist who was reporting on the financial dealings of the Bey family’s Your Black Muslim Bakery at the time he was killed. For more information, including audio, video, and updates on the case, click here.

Since 2003, Esperanza Johnson, a former key figure within Oakland’s Bey organization, and her husband, Antron Thurman, have acquired nearly $2 million worth of East Bay real estate through a string of controversial deals tainted with allegations of deceit.

In five cases those deals led to litigation. Johnson, of Antioch, who also goes by the name Noor Jehan Bey, has twice been accused of fraud. Court records indicate that one of those transactions involved falsified documents.

One sale involving Johnson, a licensed real estate broker, led to criminal charges: Alameda County prosecutors in 2006 convicted a Johnson associate on fraud charges stemming from a deal that cost an East Oakland couple their home.

A broad array of characters have tangled with Johnson and Thurman in court, including a disabled Berkeley bus porter forced from his family home, an Antioch couple now facing foreclosure, and East Bay Habitat for Humanity, a nonprofit organization that builds homes for the poor and struggling. Combined, they claim to have lost at least $1.77 million in property, cash and equity in the deals.

The revelations about Johnson and Thurman come as authorities scrutinize the extensive real estate dealings of the Bey family and their bankrupt business, Your Black Muslim Bakery, including Johnson’s role as the broker for an Oakland woman named Paulette Arbuckle who is attempting to buy the bakery’s San Pablo Avenue headquarters. Johnson bore four of the Bey family patriarch’s dozens of children.

Bakery CEO Yusuf Ali Bey IV, 21, jailed without bail on kidnapping and torture charges, also is charged with real estate fraud: prosecutors say he bought an Oakland property under a false identity.

And bankruptcy trustee Tevis Thompson, who is overseeing the liquidation of Your Black Muslim Bakery’s assets, has claimed in court papers that Bey IV transferred $2.28 million in bakery properties to his mother, Daulet Bey, in a bid to “defraud creditors.” The trustee has sued for those properties’ return.

Devaughndre Broussard, a 20-year-old bakery associate, is charged with the Aug. 2 shotgun slaying of Oakland Post Editor Chauncey Bailey as he walked to work in downtown Oakland. Police say Broussard made a confession – later recanted – that he killed Bailey because the journalist was working on a story about the bakery’s finances and bankruptcy case.

Johnson, whose state business registration was suspended more than a year ago for failure to pay taxes and who with Thurman has more than $1 million in state and federal tax liens recorded against them, didn’t return numerous telephone calls and emails, and didn’t answer the gate at her Antioch home on two recent occasions.

Thurman refused to speak to reporters who approached him recently in Oakland.

A Los Angeles real estate consultant who reviewed Johnson’s transactions for the Chauncey Bailey Project said the trustee and judge handling the bakery’s bankruptcy should examine Johnson’s record.

They “should be made aware that a realtor on a transaction which requires the trustee’s approval has a murky… background,” said Eric Forster.

The attorney for the court appointed bankruptcy trustee charged with liquidating the bakery said Johnson’s transaction history would be probed.

“Obviously it is of some concern to us and we’re looking into it,” Eric Nyberg, attorney for trustee Tevis Thompson, said when informed of the cases.

He also noted that Arbuckle may not, in the end, be the highest bidder for the bakery. A hearing on her offer is scheduled for Nov. 29. If the $899,999 bid of Johnson’s client, Arbuckle, is successful and Johnson is “entitled to receive the commission, then we really don’t have an issue with it,” Nyberg said.

A spokesperson for the state Department of Real Estate, Tom Pool, wouldn’t discuss the Johnson and Thurman transactions.

Machado

Markus Machado and Gail Mateo said that when they wanted to buy a newer and bigger home in 2005, they went to a real estate broker they thought they could trust: Esperanza Johnson.

A Compton native, Johnson became involved with the Bey organization, a spin-off of the Nation of Islam, at the age of 12, taking the name Noor Jehan Bey.

She’s returned to using the name Esperanza Johnson, though she’s been listed in judgments against her by banks and credit-card companies as Nellie Bey, Nuri Bey, Noojean Bey and Noor Jehan Esperanza, a review of records by the Chauncey Bailey Project shows. And, in 2005 testimony, she said she still occasionally uses the name Noor Jehan Bey.

Johnson had hired Machado, a graphic artist, to create flyers for her Signature One Mortgage and Real Estate.

In a recent interview at his lawyer’s office, Machado described her as warm and gregarious – at first, anyway. Machado said Johnson arranged what seemed like an incredible deal: the couple could sell their 50-year-old Pittsburg house and move into a spacious four-bedroom home in a verdant Antioch subdivision, an ideal place to raise their three children and grow old together.

Johnson promised they’d pay about $1,600 a month for the new home, only a little more than their mortgage at the time. Machado said Johnson even agreed to forgo her usual commissions “because we were like family.”

They said Johnson had told them their credit was poor, and talked them into selling their Pittsburg house to one of her employees, Araceli Moreno, for $350,000 while putting the new home and mortgage in Moreno’s name as well. They expected to refinance the loan in about a year, when Moreno would sign the house over to them.

It seemed perfect – until the bills arrived.

The payments were $2,700 a month and soon ballooned higher, they now say in court records. And then Johnson – who in sealing the deal had diverted almost $58,000 of equity from their old home to others, and had won large commissions for herself by getting them an unfavorable mortgage – stopped taking their calls, Machado said as his wife sat next to him weeping.

The couple had trouble making the payments almost immediately and Moreno began receiving calls from the mortgage company. She sued Machado and Mateo last year.

“The point of (Moreno’s) lawsuit was to get them to refinance to get my client’s name off the loan and for her to go ahead and salvage what of her credit picture she could,” said Moreno’s attorney, Richard G. Hyppa of Tracy.

The couple counter-sued in November 2006, naming Moreno and Johnson as defendants, claiming that Johnson defrauded them. They are now months behind on the payments and stressed to exhaustion.

“I don’t sleep. Gail doesn’t sleep,” Machado said. “I was very naive. We were led down this primrose path because I trusted (Johnson) implicitly.”

After paying off what they owed on the Pittsburg house, about $190,000 was left over that should have been used for the down payment on the Antioch house. But the suit alleges that Moreno used only $77,973 toward the down payment.

Meanwhile, court records say Johnson arranged for another $10,000 to be paid out to Moreno, and for someone named Harry Hawkins to get $45,830 as “repayment of loans.” Machado’s lawyer, Ken Koenen, said attempts to locate Hawkins have been fruitless.

The suit also claims Johnson structured the Antioch mortgage so monthly payments would increase dramatically after a year, and so Machado and Mateo would have to pay an $18,000 penalty in order to refinance – thereby earning her a much larger commission.

Machado and Mateo now are several months in arrears on the mortgage in Moreno’s name. Default notices have arrived at the house.

“It’s an extremely painful thing,” Machado said. “We have been robbed of our peace of mind. We have to make decisions about whether to put food in the refrigerator or gas in the car. We’ve not even sure we’re going to have a place to live.”

Johnson hasn’t responded to the couple’s lawsuit and will likely be subject to a default judgment, Koenen said.

Chicago D&P
Johnson and Thurman in 2004 acquired a Hercules home after a federal judge had ordered it frozen as an asset of an investment company, Chicago D&P, that the U.S. Securities and Exchange Commission had accused of fraud.
The property was supposed to be sold to help pay back investors – reportedly including at least 30 active-duty Marines and several churches – which had been cheated out of millions through Chicago D&P’s pyramid schemes.
The daughter of the company’s president had bought the property years earlier using a straw purchaser – a friend with better credit – as a front, according to court records.
That friend had been trying to get her name off the title for some time, and the daughter’s attorney – Githaiga Ramsey, who also worked for Thurman and Johnson on another case – persuaded her to sign the house over to them. Records shows Ramsey offered the friend $20,500 to complete the transaction but that the payment was never made.
The transfer of the house occurred after U.S. District Court Judge Charles Breyer ordered the property frozen. Thurman then turned around and sold it a month later to one of the employees of his bail bond business, Jamie Bonilla, for $460,000. Johnson filed Bonilla’s loan application.
Most of that money appears to have eventually gone to pay mortgages against the property when Thurman and Johnson acquired it for free. But first, Thurman received $60,213 from the deal’s escrow; and Ramsey got $31,000.
It remains unclear who lived in the house after Bonilla bought it.
Stephen Anderson, the receiver representing Chicago D&P’s bilked investors, wrote in April 2005 that he believed Johnson’s daughter, Nisa Bey, had lived there.
Other documents show Madeeah Bey – another mother to several of patriarch Yusuf Bey’s children – used it as her mailing address in two December 2004 real estate deals.
It’s also unclear whether Thurman and Johnson knew of the court order freezing the house when they took possession of it. But in February 2005 Breyer held Ramsey in contempt of court for defying his order.
Ramsey and Thurman both repaid the money they received from the escrow when Thurman sold the house to Bonilla.
Bonilla, within a few months, then sold the house for $625,000 – a profit of $211,690 from a property that the receiver had originally wanted to sell to help repay the defrauded investors.
Anderson said a long legal battle to regain title to the house would’ve been too costly.
“We made an economic decision,” he said. “The objective of the receiver is to return as much money as possible back to the investors, and it was not difficult to determine we were going to get more money” by taking the $91,000 from Thurman and Ramsey than by “trying to unscramble that whole mess.”
Ramsey, who surrendered his law license while facing disciplinary charges from an unrelated case, wouldn’t discuss this case or others in which he was involved with Johnson and Thurman.
“My God, am I never going to get away from this?” he said. “I’m not involved and I don’t want to be. I’m not in contact with these people anymore.”
Bonilla could not be located.
Habitat for Humanity house
Antron Thurman married a woman named Sharon Clements in December 1987. Records show they separated seven months later and eventually filed for a divorce that was never made final.

In early 2000, Clements, as a single mother, moved into a home on 105th Avenue in Oakland built by the low-income housing nonprofit East Bay Habitat for Humanity. It gave Clements a no-interest $112,000 loan with no down payment.

Clements died in April 2003, leaving no will. Usually either there’s a clear legal inheritance, or else the nonprofit passes the deed to someone qualified for low-income aid, executive director Janice Jensen said. But Clements’ son was still a minor.

Clements’ home stood vacant for three years while her estate was sorted out in Alameda County Probate Court.

Then, in mid-2006, Thurman argued he was entitled to the low-income property as Clements’ surviving spouse, records show – even as he listed his address as Johnson’s Antioch home, and other records showed that in the previous few years he had bought and sold in excess of $1 million in East Bay real estate.

“Frankly, I didn’t even know about Mr. Thurman,” Habitat’s Jensen said. “I had no idea who he was or that he even existed until the attorneys got involved. When we looked at the deed, she was the only signature, so she bought that home herself.”

Still, Alameda County Superior Court Judge Marshall L. Whitley awarded Thurman the house, which had restrictions in place to preserve its affordability for low income people.

Thurman then sold it back to Habitat for Humanity for the $13,500 in equity that had accrued during the three years Clements owned it.

Alana Conner, an attorney for Thurman at the time, said she couldn’t independently recall details of the case and declined to discuss it.

Stewart

Mitzie Peters befriended Brandy Stewart in 2001, studying the Bible with her eventual victim, court records say.

Peters persuaded the cash-strapped AC Transit bus driver to deed the home at 1565 77th Ave. – which Stewart had inherited from her mother, and in which she, her husband and her three children lived – into Peters name and use Peters’ credit to get an equity loan. Peters promised to return the deed after a few days, keeping $12,000 from the loan as a fee.

“She said that because she loved me so much, she would never, ever think about doing this for anyone else, but she would help me to get the house refinanced,” Stewart would later testify.

Stewart deeded the house to Peters on March 11, 2003. But rather than sticking to the deal, Peters drained the property of all equity and gave nothing to Stewart, court records show.

Peters couldn’t have conducted the transaction without Johnson and her family.

As Peters’ broker, Johnson submitted a series of loan applications reporting Peters’ income as increasingly higher until the bank accepted the deal; she also allegedly coached Stewart in writing to the title company and falsely claiming Peters was her cousin.

Johnson’s sister, Ruquayya Jasmine Pennix, prepared Peters’ tax returns to send to the loan company, showing self-employment income that Peters later admitted was bogus; it’s unclear if Pennix knew that at the time.

Another of Johnson’s sisters – Fatima Ismail, who worked in Johnson’s office – drew up a phony lease showing Peters had derived rental income from Stewart’s house, according to court records.

Three months after she took title to Stewart’s house, Peters sold it to one of Johnson’s sons, Amir Bey. Under oath, Amir Bey later admitted he was just a straw buyer for his mother.

When arrested and charged with unrelated public benefits fraud, perjury and grand theft in July 2004, Peters made bail with Thurman’s Sinbad’s Bail Bonds.

As investigators also began probing her real estate activities, Peters gifted her Hayward condo to Johnson’s daughter, Nisa Bey, who sold it a month later for about $400,000.

Peters then lived with Nisa Bey in Pittsburg until going to prison. Because her bail had been secured with the condo, Thurman later asked a judge to exonerate the bail and return more than $50,000 – to Nisa Bey.

The Alameda County District Attorney’s office interviewed Johnson, Thurman, and their attorney, Githaiga Ramsey – who had represented Peters until just two months earlier, and who had just arranged the Chicago D&P deal for them – in September 2004.

“Johnson seemed evasive when questioned about irregularities in the loan and application process,” inspector Paul Wallace wrote in court papers.

But Johnson wasn’t charged.

“We didn’t think we could prove the case against her beyond a reasonable doubt,” Deputy District Attorney Alyce Sandbach said. “We didn’t have enough to make her on a case of fraud… of having made knowing misrepresentations.”

Among additional charges filed against Peters in November 2004 was a felony grand-theft count for equity and title to the Stewarts’ home; she pleaded no contest to that and 15 other, unrelated counts a year later, and was sentenced in February 2006.

The Stewarts got the $50,374.10 bail money Thurman had tried to direct to Nisa Bey. A judge in January ordered Peters to pay $486,083.90 in the Stewarts’ civil lawsuit, but they haven’t seen a dime, their lawyers say.

Amir Bey and Johnson tried to evict the Stewarts, court documents show, but backed off when the couple obtained free legal help.

The Stewarts then sued Johnson, Peters and Amir Bey; Johnson eventually offered to deed the house back to Stewart, but with the equity drained, the Stewarts couldn’t afford the higher mortgage payments.

A judge in September 2006 ordered Johnson and Amir Bey to pay the Stewarts $100,000 – $20,000 up front and $1,667 per month for 48 months.

Rebecca Saelao, the Stewarts’ attorney, said this civil judgment became a lien on the house, and was subordinated to massive mortgages Johnson and Amir Bey had taken on the property and eventually defaulted on. The house was sold at auction last year for $80,900, public records show.

The Stewarts got only about $5,000 from the sale of the home they’d lost. They no longer live in the Bay Area, and couldn’t be reached for comment.

Taylor

Wrapped in a thin, sea-green blanket, Donald Taylor lay in a narrow bed at a Stockton nursing home recently, his frail 61-year-old body ravaged by diabetes and hypertension. His wheelchair was parked at his bedside, a walker he wants to learn to use, a few feet away.

Taylor is broke and relies on Medi-Cal, the state insurance program for the indigent, to bankroll his care and board at the Elm Haven Care Center.

His room is dingy and, fluorescent-lit with peeling blue wallpaper and a television, foil wrapped around its rabbit-ear antennae, issuing forth static-filled sound. He spends his days “just doing nothing.”

He said he wonders what his life might be like now if he never encountered Antron Thurman. “I think about it quite often, but there’s nothing I can do… I think about how they took the house from me,” Taylor said haltingly in a soft, gravelly voice that contained little emotion.

In the 1950s Taylor’s parents bought a cozy two-bedroom home on a tree-shaded street in north Berkeley. He grew up there and lived there still as an adult, while working as a bus-station porter. When his parents died, he and his sister, Loretta Alexander, inherited the house; the mortgage was paid off.

In early 2001, according to interviews and court documents, stepbrother Frederick Myers Jr., approached the siblings with a plan: He would help them form a company to manage the house and another property they had inherited, an undeveloped Lake County parcel.

Myers asked them to transfer the two deeds to the new corporation, which he would helm for them. Taylor said he agreed at his sister’s urging, believing the three of them could profit from development of the Lake County parcel.

But Myers suddenly sold the Berkeley house to Thurman, pocketed hundreds of thousands of dollars and disappeared, court documents say, catching Taylor and Alexander completely off guard.

“I felt I had been cheated,” Taylor said, adding that he believes Thurman and Myers worked in concert. “Fred Jr. took the house and sold it to (Thurman) and it’s been downhill ever since. He sold it out from underneath us.”

Myers could not be located. Thurman, asked if he remembered Taylor, refused to answer as he climbed into a Cadillac Escalade outside a home in the Oakland hills.

Alexander’s son, Tony Cole, expressed disgust at the way his mother and uncle were played. “That property slipped right out from underneath them,” he said in a phone interview. “They didn’t have the business sense to know what was going on.”

Taylor and Alexander in 2004 sued to reclaim the house. Myers never appeared in court, but Thurman – represented by Githaiga Ramsey – responded by filing his own suit, claiming he had legitimately bought the property for $374,388 and demanding that Taylor pay $1,500 in monthly rent or get out.

Taylor and Alexander eventually settled the case for $55,000; it took Thurman 10 months to pay them, court records indicate. Taylor’s attorney, Frederic Harvey, refused to discuss the case.

The two-story, beige stucco house with a large garage has steadily appreciated in value. Public records show Thurman sold it in 2004 to Madeeah Bey – the same relative who used the Chicago D&P house in Hercules as her address – for $520,000; she sold it for $850,000 less than a year later. The house is now assessed at $867,000.

Alexander died last year. Taylor lost most of his possessions including photos of his mother when he left the property.

“I’d like to tell him to go (screw) himself,” Taylor said of Thurman, his legs twitching quietly under the blanket.

University of California Berkeley Graduate School of Journalism students Lisa Pickoff-White, Robert Lewis, Nick Kusnetz, Vianna Risa Davila, Marnette Federis and Lucie Schwartz contributed to this story.

Thomas Peele and Josh Richman are staff writers for the Bay Area News Group; A.C. Thompson is a free-lance reporter working for New America Media and Bay Area News Group-East Bay; Bob Butler is a freelance reporter and president of the Bay Area Black Journalists Association.

How you hate me now?

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Hated (Special Edition)

(Music Video Distributors)

Our Favorite Things

(Other Cinema)

DVDS I must have passed the G.G. Allin documentary Hated (1994) a dozen times in the video store over the years without ever mustering the nerve to rent it. Having finally watched it, I can only ask myself, "What took me so long?" Not because it’s a pleasant viewing experience, but because it’s such a massive train wreck: the (il)logical end point of years of self-destructive punk shock tactics and performance antics.

Hated was filmed by Todd Phillips — who went on to direct Old School and Starsky and Hutch — while he was a film student at New York University. It depicts what ended up being the final few years in the life of a genuinely disturbing and disturbed dude.

The film is built around — but not limited to — in-the-trenches footage of the tattooed, scarred, and frequently naked and/or bloody Allin onstage with his band, the Murder Junkies. This footage is not meant to showcase his vocal range — he had none — or the band’s sterling musicianship. Instead, it finds Allin assaulting audience members, getting wrestled down by cops, and genuinely scaring the crap out of everyone in the room. We also see footage from a surreal appearance on Geraldo and an appalling "spoken word" performance at NYU that ends with Allin sticking a banana up his tailpipe, the cops coming — a recurring theme — and Phillips nearly being expelled for booking the whole atrocity.

The rest of the video shows that, for better or worse, Allin’s live act really wasn’t an act. He was a genuinely angry, sociopathic fellow who lived his life as recklessly as he performed, in constant squalor and literally on the run from the police. This DVD reissue adds a recent interview with his poor mother, whose reclusive, mentally ill husband insisted on naming the boy "Jesus Christ," whence the nickname "G.G." originated. There’s also two full audio commentaries from Phillips as well as the Beavis and Butthead–like duo of Murder Junkies Merl Allin, G.G.’s brother, and Dino Sex, the band’s sicko naked drummer. I absorbed every second of it.

Next to Allin, Bay Area cutups Negativland might look like Goody Two-shoes, but don’t be fooled. Granted, you won’t find them cutting themselves or shitting onstage. In fact, you won’t find the group’s members at all in most of the videos on their recent anthology Our Favorite Things (Other Cinema). Make no mistake, though: there’s something to offend just about everyone on this DVD.

Pushing people’s buttons is nothing new for Negativland, but what’s striking about this release is how well the video format suits the group’s meticulous cut-and-paste approach. The editing sleight of hand is simply amazing at points. These are some of the most involved, detail-oriented music videos I’ve ever seen, which may sound like faint praise given the laziness that’s typical of the medium, but stay with me here.

Drawing on music from throughout their career, Negativland go after such familiar targets as firearms (the found-footage extravaganza of "Guns"), advertising ("Truth in Advertising" and perhaps one too many videos from the Dispepsi CD), and religion ("Christianity Is Stupid," in which a series of Hollywood Pontius Pilates are seen driving nails into Jesus’ hands in sync with the song’s thumping industrial beat).

That said, some of the best moments are much less pointed, including the eerie "Time Zones" — an oddly entertaining bit about the number of time zones in the Soviet Union — and the short and surreal "Over the Hiccups," a bunnies-in-outer-space Claymation piece that is black comedy at its most brutal.

Yes, Negativland are as relentless — and self-referential — as ever on this DVD, and if you watch it for long enough, you’re bound to get annoyed at something. But when has that not been the case with this group? Even so, Our Favorite Things is one of the best things they’ve done in any format, with moments that are as jaw-dropping in their way as anything on the grisly Hated. 

Why I voted for Josh Wolf

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› annalee@techsploitation.com

TECHSPLOITATION Last week’s mayoral election in my hometown of San Francisco was one of those weird moments that make you think you’re living in a Philip K. Dick novel, looking at hundreds of alternate futures peeling away from the present like little slivers of psychosis. It was a dismal election, in which the incumbent, conservative–for–San Francisco Gavin Newsom, was the only candidate who had any hope of winning. He was practically unopposed, but there was, technically, a cornucopia of candidates, spanning the gamut from qualified but unpopular to completely unqualified and silly, who were on the ballot running against him.

Things being what they are, the silly candidates got the most attention (albeit not most of the votes). Some guy named Chicken, known mostly for his participation in the art festival Burning Man, ran on a campaign pushing people to vote for him as their second choice, since San Francisco has ranked-choice voting. He definitely had great posters, given his connection to the arts community, but not much of a platform. Then there was the sex club owner Michael Powers, who ran on a platform I never quite understood. Powers does have one of the nicest sex clubs I’ve ever seen, called (appropriately enough) the Power Exchange, and I wondered briefly if that might qualify him to run the city. But in the end, he got the fewest votes. And Chicken did not come in anywhere near second.

As I said, there were a few candidates, like Quintin Mecke, with relevant experience, but none had big enough constituencies to pull off a win. So when it came time to fill in my ballot, I voted for a guy who isn’t a joke and has the kinds of political experience that might get him elected in 2035: Josh Wolf.

Media geeks may remember Wolf as the blogger who was sent to prison for refusing to identify for the police some protesters in video he posted of a political demonstration that turned violent. After he got out of prison he went on the Colbert Report, where he came across as well intentioned and with a burning passion for free speech. In the mayoral race, he ran on a platform that emphasized open democratic processes and a good wi-fi plan for the city. Nobody in his campaign thought he would win, and indeed he only garnered about 1,500 votes. But that’s saying something in an election with only 17 percent turnout.

So why didn’t I vote for somebody like Mecke, who had a good position on dealing with homelessness and had already done some work in city politics? Because, as I said, I felt like I was in this Dick novel looking into a zillion possible futures right there in the polling place. There were the sure-to-fail futures represented by good candidates with no hope of winning, and then there was the dark future of creepy joke candidates like Chicken, whose mockery of the voting process was probably part of why so few people turned out for the election. Why vote when running for mayor had been turned into a joke?

So I voted for the best possible future I could find, the future in which, eventually, smart young people who care about freedom of expression online become mature politicians who understand new technologies and the socioeconomic conditions associated with them. Maybe Wolf won’t grow into that politician, but somebody like him will. And that person will probably understand things like how to organize Internet access for low-income city residents and why entertainment companies shouldn’t be allowed to sue people for hundreds of thousands of dollars because they’ve been file-sharing. That person will also understand how easy it is to violate people’s privacy online and will push for regulations that prevent companies and governments from dipping into private digital data supplies.

Of course, the future in which we have politicians like Wolf may never happen. We can’t predict what will become of him, and we can’t know if digital natives will mature into progressives who care about access and privacy reforms. There’s always room for wired neocons and digital Puritans, whose intimate history with the Internet will make them particularly good at legisutf8g censorship purges and invasive data mining. That’s not the future I voted for, but I am always having to remind myself that’s the future I may get. *

Annalee Newitz is a surly media nerd who is living in an alternate future right now.

Dead town

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› gwschulz@sfbg.com

Every reporter assigned to the Castro on Halloween knew right away that the story was, in fact, the nonstory.

There were no outlaws. No shootings or stabbings as in the past. There weren’t even many of the scumbag bridge-and-tunnelers police feared most. The mayor’s plan worked: two decades of fun in the Castro on Halloween died in 2007.

"People are leaving in droves," one man said into his cell phone around 10:30 p.m. "We can’t drink."

By that point the San Francisco Police Department could count the total arrests on one hand. A few people were cuffed for public intoxication. One man had outstanding warrants. Another jaywalked. Department spokesperson Sgt. Neville Gittens — not someone reporters know as typically cheerful — was in a startlingly good mood.

"There aren’t enough people out here to urinate or defecate anywhere," Gittens told the Guardian that night while standing near a cordoned command and control center the city had planted at 18th and Collingwood streets. "You can see the streets. They’re pretty empty. They’re pretty quiet, and we’re very thankful for that. What we set out to accomplish as far as discouraging this party, so far it seems like it’s working."

The Mayor’s Office, in fact, called the night "an incredible success." Nathan Ballard, the mayor’s press spokesperson, added, "We are pleased with the way Halloween turned out this year. [Police] Chief [Heather] Fong did an excellent job of keeping the peace, and Sup. [Bevan] Dufty deserves praise for showing real leadership and representing the interests of his district."

But that success came at a cost — the Castro on Halloween night was under the tight control of a massive contingent of police. Barricades blocked the streets. Cops kept revelers (and anyone else who happened by) from setting so much as a toe off the sidewalk.

While the crowd totaled just a fraction of what has appeared in years past, Gittens said well over 500 law enforcement personnel were assigned to the area, including officers from the probation department, the BART Police Department, the Sheriff’s Department, the California Highway Patrol, and the federal Bureau of Alcohol, Tobacco and Firearms.

Even the San Francisco Chronicle, an institution that hardly embodies unbridled countercultural fun — deemed the law enforcement preparations "almost militaristic."

The tab for all of that police presence — and for the lost tax revenue from bars and restaurants and the hit to the tourist industry — will almost certainly run into millions of dollars.

At times members of the media even appeared to outnumber partygoers. When an ambulance and two vans from the Sheriff’s Department began backing into an alley between Market and Castro, a camera operator and a reporter rushed to the scene. It was nothing, it turned out. Just a woman splayed out drunk next to a Dumpster.

SMALL BUSINESSES UNHAPPY


The last-minute announcement of the shutdown of the BART station at 16th and Mission streets, Gittens said, probably did the trick more than anything else. But that decision enraged some business owners, who told us they were worried that fewer transit riders would threaten revenue during what is usually a profitable holiday.

"Small business is the heartbeat of San Francisco, and the Mission district itself endures enough difficulties on a regular basis," Jean Feilmoser, president of the Mission Merchants Association, wrote in a community e-mail Oct. 30. "To cut off the arm that feeds the economic engine on one of the busiest nights of the year is cruel and unusual punishment."

The dramatic transit shutdown earned harsh criticism from two local officials, BART board member Tom Radulovich and District 6’s Sup. Chris Daly.

"Transit riders have been unfairly singled out in the city’s War on Halloween, and BART’s proposed closure is an insult to the community [that]
relies on 16th Street Mission Station," the two wrote in an Oct. 30 letter condemning the move. "People and businesses that depend on BART and Muni will have their mobility compromised by this campaign to suppress the Halloween celebration in the Castro."

Alix Rosenthal, who lost a board challenge to Castro district Sup. Bevan Dufty in 2006, was appalled by how little the public knew about the Halloween plans in advance. Rosenthal helped found Citizens for Halloween, a group that argued revelers would show up despite city hall’s insistence that the event be cancelled this year.

"I think it was really great they were able to keep the Castro safe," Rosenthal said. "But at what cost? The cost of fun. The cost of Halloween. The cost of transit riders. The cost of merchants."

Several businesses — including sex shops, bars, and restaurants — relented to pressure from the city and closed early. Officers clad in riot helmets and zip cuffs filled the entryways, seeming to overshadow civilians and bored-looking TV reporters.

The Edge bar at 4149 18th St., Osaki Sushi around the corner, the Posh Bagel, Chinese Dim Sum, the Sausage Factory, and even Twin Peaks, a bar that stands at the northeast entryway of the Castro and normally serves as a sort of de facto welcoming committee for the neighborhood, were shuttered. The restaurant A Bon Port at 476 Castro stood dark with a chalkboard sign in the window: "Out cruising," it read hopefully.

San Francisco Badlands, one of many Castro bars owned by area entrepreneur Les Natali, closed at 10 p.m., and two perturbed-looking private security guards in orange vests informed loiterers that they weren’t allowed in any longer. Harvey’s (on the southwest corner of 18th and Castro streets) remained open, but there were few people inside.

THE EAST BAY CROWD


The folks who braved the police and the lack of transit tried to liven things up. Just south of the Castro Muni station, two friends protested with signs reading, "Don’t tell us what to do — we’ll come if we want to." One of them, Erik Proctor, splits his time between the East Bay and San Francisco and said residents who move to the neighborhood should expect rambunctious annual celebrations.

"Partly why I’m out here is because last year they said people from the East Bay were the problem," Proctor said. "I represent the East Bay also. I come over here to have a good time. I don’t come over here to cause problems."

With the crowd under control, the cops had plenty of time to chat about their paychecks. "Are you on OT?" one officer standing south of 18th Street casually asked another.

"I think so," he responded.

"Well, that’s good."

A handful of costumed celebrants graced filled the sidewalks, but there was still plenty of breathing room, and traffic moved swiftly and easily along Castro Street, which was lined with steel barricades. One step into the street would elicit a hand on the chest and a hasty warning from a police officer: "Back on the sidewalk."

A handful of men went near-commando in little more than elastic thongs, but few people were shocked, and most of the costumes were far from scandalous. One woman dressed as a bag of groceries from Trader Joe’s.

Among the people most directly impacted were foreign tourists — the very folks the city spends money to attract every year. Activists walking through the Castro and interviewing people found visitors from 19 countries who had come to see the legendary celebration. Most walked away disappointed; they won’t be back next year.

THE BACKLASH


At least one business that stayed open felt a bit of official pressure. Koch Salgut, who owns Ararat on 18th Street, didn’t close early, even though he was repeatedly asked to do so.

"I kept it open because I was against" the shutdown, he told us later. "All the merchants rely on the business."

To his surprise, he got a visit that night from the San Francisco Fire Department. The inspectors told him he didn’t have permits for the candles on his tables.

"This is the second business I’ve had. I never heard there was a regulation against candles," Salgut told us. "The Fire Department gave me a little hard time. It wasn’t threatening, but it was an ugly situation."

Salgut has no doubt what was going on: "They were trying to give me a hard time because I was open, I didn’t close."

Calls to the SFFD seeking comment were not returned by press time.

John Lewis, a bartender at Moby Dick on 18th Street, wasn’t working Halloween night, but he lives in the neighborhood — and when we talked to him Nov. 1, he told us he wasn’t at all happy about what went down. The city had promised to fix the problem, he told us — not shut down the entire event. He complained that local bars were asked to close early and then reminded that they could be cited for exceeding occupancy regulations, for public displays of drunkenness, and for open containers on the street. Halloween has traditionally been the one time of year when the city doesn’t strictly enforce those rules.

Dufty has taken credit for shutting down the party and keeping the city’s plans for security under seal, but he admitted Oct. 31 to the Chron‘s gossip hounds, Matier and Ross, that next year’s event could look different. It’ll be on a Friday.

Police Commission president Theresa Sparks said she’s been told the event cost the city half what it did last year, including overtime for law enforcement, but she still hadn’t received dollar figures when we reached her Nov. 1. She had been skeptical that the crowds could be contained, considering that the city’s scheme was simply to announce that there would be no party. "But I think it was extremely well coordinated…. It went off better than expected." But she still believes planning should have begun far sooner. Police Chief Fong will give the commission a report about Halloween on Nov. 7.

So is the answer to shut down the Castro every year? No, Sparks said, but Halloween has to be made into "a citywide celebration, not just a neighborhood celebration."

Steven T. Jones and Sara Knight contributed to this story.

Endorsements: Local offices

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Mayor

1. QUINTIN MECKE


2. AHIMSA PORTER SUMCHAI


3. CHICKEN JOHN RINALDI


Let us be perfectly clear: none of the people we are endorsing has any real chance of getting elected mayor of San Francisco. Gavin Newsom is going to win a second term; we know that, he knows that, and whatever they may say on the campaign trail, all of the candidates running against him know that.

It’s a sad state of affairs: San Francisco has been, at best, wallowing helplessly in problems under Newsom, and in many cases things have gotten worse. The murder rate is soaring; young people, particularly African Americans, are getting shot down on the streets in alarming numbers. The mayor has opposed almost every credible effort to do something about it — he fought against putting cops on foot patrol in the most violent areas, he opposed the creation of a violence-prevention fund and blocked implementation of a community policing plan, and he’s allowed the thugs in the Police Officers Association to set policy for a police department that desperately lacks leadership. The public transportation system is in meltdown. The housing crisis is out of control; 90 percent of the people who work in San Francisco can’t afford to buy a house here, and many of them can’t afford to rent either. Meanwhile, the city is allowing developers and speculators to build thousands of new luxury condos, which are turning San Francisco into a bedroom community for Silicon Valley. Newsom only recently seems to have noticed that public housing is in shambles and that the commission he appoints to oversee it has been ignoring the problem.

The mayor is moving aggressively to privatize public services (including turning over the city’s broadband infrastructure to private companies), and he’s done little to promote public power. He’s cracking down on the homeless without offering adequate alternatives to long-term housing. Much of the time, he seems disconnected, out of touch with the city; he won’t show up and take questions from the Board of Supervisors and won’t even comply with the Sunshine Ordinance and release his daily calendar so the voters can see what he’s doing all day. He rarely appears in public, unless his handlers have complete control of the situation.

In fact, almost all of the significant policy discussions and initiatives that are happening in San Francisco today (including the universal health plan that Newsom likes to take credit for) have come from the Board of Supervisors.

There are good things to say about Newsom. We were among the huge number of San Franciscans who applauded when Newsom directed the city to start issuing marriage licenses to same-sex couples. He did more than make a political statement, more than allow hundreds of couples to get married; he put one of the leading civil rights issues of our time on the center stage of the political agenda. And he made all of us proud to be San Franciscans. We were happy to see him stand up against the big international hotel chains and support striking hotel workers. In some ways, he’s brought modern management to the city — the 311 system, which connects callers directly to the proper city services, actually works, and sometimes works well.

But San Francisco is one of the world’s great cities, and it’s in serious trouble, and the person in charge isn’t offering much in the way of leadership — and he certainly isn’t offering the sort of progressive agenda that this city ought to be showing the nation. Newsom doesn’t deserve another term.

And yet the progressives in the city, who have come so very far since the return of district elections in 2000, were unable to field an electable candidate. We could spend pages dissecting why that happened. Matt Gonzalez should have made a decision much earlier in the process. Ross Mirkarimi should have run. The entire movement needs to be better about developing and promoting candidates for citywide office. But right now the issue on the table is this: who should the progressives, the independents, the neighborhood activists, the tenants, the people who have been dispossessed during the Newsom years, who don’t like the prospect of this mayor waltzing into another term atop a landslide majority, vote for Nov. 6?

We aren’t in the habit of endorsing for a big-league elective office people who haven’t put in their time in the minors. And Newsom’s challengers are not exactly a varsity squad. But many of them are raising important issues that Newsom has ignored, and we commend them all for taking on the difficult task of mounting a campaign against a mayor who most observers say is unbeatable. Our endorsements are, to be honest, protest votes — but we hope they’ll send a message to Newsom that there are issues, communities, and ideas he can’t just ignore after his coronation. The smaller the mayor’s margin of victory and the more votes the candidates who are pushing the progressive agenda collect, the less of a mandate Newsom will take into a second term that could be a truly frightening time.

Quintin Mecke has the strongest progressive credentials and by far the best overall approach to issues facing the city. He’s never held elective office (and had never run before), but he’s been involved in local politics for a decade. A volunteer with Tom Ammiano’s campaigns for supervisor and mayor and with Gonzalez’s mayoral campaign, Mecke went on to serve on the civil grand jury and the task force on redistricting, where he helped stave off attempts to chop up progressive supervisorial districts. He helped organize the South of Market Anti-Displacement Committee and now runs the Safety Network Partnership, a nonprofit that works to fight crime and violence in the city’s neighborhoods. He’s on the committee that monitors the city’s homeless shelters.

Mecke told the Guardian that "it’s hard to find an innovative, non-PR-type initiative out of the Mayor’s Office." He supports community policing, a progressive gross-receipts tax that would exempt small businesses, and a moratorium on market-rate housing until the city can determine how it will build enough affordable units. He complains that there’s no standard of care in Newsom’s homeless shelters. He opposes the privatization of public programs and resources.

Mecke tends a bit to bureaucratspeak; he talked about "horizontal conversations" instead of taking some issues head-on. And we’re concerned that he didn’t seem serious or organized enough to raise the modest amount of money it would have taken to qualify for public financing and mount a more visible campaign. But he’s a solid candidate, and we’re happy to give him the nod.

Ahimsa Porter Sumchai is a remarkable success story, an African American woman who grew up in the housing projects and wound up graduating from UC San Francisco’s medical school. She’s running primarily on the issue of environmental justice for southeast San Francisco — and for years has been one of the loudest voices against the flawed Lennar Corp. redevelopment project at and the reuse plan for the contaminated Hunters Point Shipyard. Sumchai says the shipyard can never be cleaned up to a level that would be safe for housing, and she suggests that much of it should be used for parks and open space and possibly maritime and green-industry uses. She’s highly critical of the low levels of affordable housing in market-rate projects all over the city, arguing that the developers should be forced to provide as many as 25 percent of their units at below-market rates. Sumchai is a physician, and she talks like one; her scientific language and approach sometimes confuse people. She suggested that one of the main causes of the homicide rate in the city is mental illness. "You can medically address people who are violent," she told us, saying the first step is to properly diagnose and treat depression in men. "Just as we looked at AIDS as an epidemic," she said, "we should look at violence as an epidemic." Which is, at the very least, an interesting approach.

Sumchai has some innovative ideas, including a universal child-care program for the city, paid for with a "fat tax" on unhealthy food. She’s a strong supporter of public power and a longtime critic of Pacific Gas and Electric Co.

She can be abrasive and temperamental, but she’s talking about critical issues that almost everyone else is ignoring. She deserves support.

Chicken John Rinaldi is the political surprise of the season, an artist and showman who has managed a traveling circus, run a bar in the Mission, put on unusual performances of every kind — and somehow managed to be the only person running for mayor who could qualify for tens of thousands of dollars in public funding. On one level Rinaldi’s campaign is a joke — he told us repeatedly he has no idea what he’s doing, and that if by some wild chance he were elected, he would hire people like Mecke and Sumchai to run the city. He’s the Dada candidate, with his entire run something of a performance art piece.

But Rinaldi has a real constituency. He represents a dying breed in the city: the street artists, the writers, the poets, the unconventional thinkers with economically marginal lifestyles, who were once the heart and soul of San Francisco. It’s hard to pin him down on issues since he seems to disdain any policy talk, but in the end, the very fact that he’s running speaks to the pressure on artists and the lack of support the unconventional side of the art world gets in this increasingly expensive city.

Rinaldi is the protest candidate of all protest candidates, but he’s going to get a lot of votes from people who think San Francisco needs to stop driving some of its most valuable residents out of town — and if that leads to a more serious discussion about artist housing, affordable housing in general, arts funding, and the overall crackdown on fun under Newsom, then it’s worth giving Chicken John a place on the ticket.

There are several other candidates worthy of consideration. Josh Wolf, a video blogger, served 226 days in a federal prison rather than turn over to the authorities tape of a demonstration he was filming. It was a bold and courageous show of principle (anyone who’s ever done time knows that spending even a week, much less month after month, behind bars is no joke), and it speaks to his leadership and character. Wolf is talking about some key issues too: he’s a big supporter of municipal broadband and sees the Web as a place to promote more direct democracy in San Francisco.

Lonnie Holmes, a probation officer, has roots in the African American community and some credible ideas about violent crime. He favors extensive, direct intervention in at-risk communities and would fully fund recreation centers, after-school programs, and antiviolence education in elementary schools. He thinks a network of community resource centers in key neighborhoods could cut the crime rate in half. He’s a little conservative for our taste, but we like his energy, commitment, and ideas.

Harold Hoogasian, a third-generation florist, registered Republican, and small-business activist, is a self-proclaimed fiscal conservative and law-and-order guy who complains that the city budget has skyrocketed while services don’t seem to have improved. Yet somewhat to our surprise, he told us he supports the idea of a moratorium on market-rate housing and a ballot measure that would force developers to build housing more in tune with San Francisco’s real needs (even if he wants to start with ownership housing for cops). He supports public power, wants more sunshine in government, and opposes privatization. He also brings a much-needed critique of the remaining vestiges of machine politics in this one-party town and speaks passionately about the need for outsiders and political independents to have a seat at the table. We’re glad to have him in the race.

In the end, though, our picks in this first ranked-choice vote for San Francisco mayor are Mecke, Sumchai, and Rinaldi — on the issues, as a political statement, and to remind Newsom that his poll numbers don’t reflect the deep sense of distrust and discontent that remains in this city.

District attorney

KAMALA HARRIS


We’re always nervous about unopposed incumbents. And since Kamala Harris unseated Terence Hallinan four years ago, running as an ally of then-mayor Willie Brown with the backing of a corrupt old machine, we’ve been nervous about her.

In some ways she’s been a pleasant surprise. Harris quickly showed that she has courage and integrity when she refused to seek the death penalty for a cop killer despite the fact that the police rank and file and much of the brass excoriated her for it. She remains one of the few district attorneys in the nation who oppose the death penalty in all situations. She’s created a public integrity unit and aggressively filed charges against Sup. Ed Jew. She’s made clear to the Police Department that she won’t accept sloppy police work. She talks constantly about making crime and criminal justice a progressive issue.

But there are plenty of areas in which we remain nervous. Harris hasn’t been anywhere near as aggressive as she could be in prosecuting political corruption. She doesn’t pursue ethics violations or Sunshine Ordinance violations. The San Francisco DA’s Office could be a national leader in rooting out and prosecuting environmental and political crime, but it isn’t.

Meanwhile, the murder rate continues to rise in San Francisco, and Harris and the police are pointing fingers back and forth without actually finding a workable solution.

And lately, Harris, to her tremendous discredit, has been stepping up the prosecution of so-called quality-of-life crimes — which translates into harassing the homeless. She’s made sure there’s a full-time prosecutor in traffic court, pressing charges for things like public urination, sleeping in the park, and holding an open container of beer. That’s a colossal waste of law enforcement resources.

We expect a lot more from Harris in the next four years. But we’ll back her for another term.

Sheriff

MIKE HENNESSEY


Mike Hennessey has been sheriff for so long that it’s hard to imagine anyone else holding the job. And that’s not a bad thing: Hennessey is one of the most progressive law enforcement officers in the country. He’s turned the county jail into a center for drug rehabilitation, counseling, and education (the first charter high school in America for county prisoners is in the SF jail). He’s hired a remarkably diverse group of deputies and has worked to find alternatives to incarceration. He’s openly critical of the rate at which the San Francisco police are arresting people for small-time drug offenses ("We’re arresting too many people for drugs in the city," he told us). He took a courageous stand last year in opposing a draconian and ineffective state ballot initiative that would have kicked convicted sex offenders out of San Francisco and forced them to live in rural counties without access to support, services, or monitoring.

We’ve had some issues with Hennessey. We wanted a smaller new jail than he ultimately decided to build. And we really wish he’d be more outspoken on local law enforcement issues. Hennessey told us he wants to stick to his own turf, but if he were more visible on police reform, criminal justice, and law enforcement, the city would benefit immensely.

Hennessey’s only opponent is David Wong, a deputy sheriff who was unable to make a case for replacing the incumbent. We’re happy to endorse Hennessey for another term — but since this might be his last before retirement, we urge him to take his progressive views and push them onto a larger stage.

That Guardian doorhanger

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Just for the record, because there’s always some confusion this time of year:

The Guardian doesn’t distribute doorhangers or political fliers. We don’t print them, we don’t pay for them.

We don’t object to them, either.

Every year, someone we’ve endorsed wants to get the word out, and prints up a guardian slate card. That’s fine with me; I want our endorsements distributed as widely as possible. I’m happy that people want to reprint them. We do a lot of work on this stuff; the more people who see it, the better.

In this case, the Quintin Mecke for mayor campaign put the doorhanger together, with some financial help from other candidates. I didn’t see it in advance; if I had, I would have pointed out an error. The flier has our position as NO, NO, NO on Prop. F. We actually support that one. Not a huge deal, since Prop. F – a minor police pension issue – isn’t terribly controversial and is going to pass anyway. If you aren’t sure, just download our official slate here.

The main point is that the Mecke card pushes Yes on A and No on H, and promotes our three alternatives to Gavin Newsom. We didn’t do it, but I hope it helps.

Endorsements: Local offices

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We’re having some trouble with our Web site — until it’s fixed, here’s our complete local offices endorsements for the Nov. 6 elections. For more endorsements, please visit our 2007 Guardian Election Center, or for quick refence see our Clean Slate printout guide.

Mayor

1. QUINTIN MECKE


2. AHIMSA PORTER SUMCHAI


3. CHICKEN JOHN RINALDI


Let us be perfectly clear: none of the people we are endorsing has any real chance of getting elected mayor of San Francisco. Gavin Newsom is going to win a second term; we know that, he knows that, and whatever they may say on the campaign trail, all of the candidates running against him know that.

It’s a sad state of affairs: San Francisco has been, at best, wallowing helplessly in problems under Newsom, and in many cases things have gotten worse. The murder rate is soaring; young people, particularly African Americans, are getting shot down on the streets in alarming numbers. The mayor has opposed almost every credible effort to do something about it — he fought against putting cops on foot patrol in the most violent areas, he opposed the creation of a violence-prevention fund and blocked implementation of a community policing plan, and he’s allowed the thugs in the Police Officers Association to set policy for a police department that desperately lacks leadership. The public transportation system is in meltdown. The housing crisis is out of control; 90 percent of the people who work in San Francisco can’t afford to buy a house here, and many of them can’t afford to rent either. Meanwhile, the city is allowing developers and speculators to build thousands of new luxury condos, which are turning San Francisco into a bedroom community for Silicon Valley. Newsom only recently seems to have noticed that public housing is in shambles and that the commission he appoints to oversee it has been ignoring the problem.

Halloween in the Castro: A scary kind of “success”

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Photo from www.sfpartyparty.com
Was Halloween in the Castro this year a scary police state and fear-based waste of public resources, or was it an “incredible success” that San Franciscans should be proud of, as Mayor Gavin Newsom’s press secretary Nathan Ballard argues? Will we be trying to learn from a year when poorly communicated, top-down planning triggered resentments by many citizens and business people who were intimidated into shutting their doors? When and how will the city start planning for next year, when Halloween falls on a Friday, and will the public be allowed to participate?
I tried to get answers to these questions from Ballard and it wasn’t easy, as the following e-mail exchange shows.

Money and politics

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› sarah@sfbg.com

The upcoming election hasn’t generated much voter interest, with only a couple of measures that seem likely to have an impact. But corporate interests in San Francisco and beyond are still spending big money — in ways that are secretive, suspicious, and sometimes contradictory — to influence the election and win the gratitude of elected officials.

Although the final preelection campaign statements were due Oct. 25, the money continues to roll in. And perhaps most ominously, many campaign committees are spending far more than they are taking in, effectively using this accrued debt to hide contributors until after the election.

And almost invariably, the person at the center of such schemes — who facilitates the most creative and unsettling spending by downtown political interests — is notorious campaign finance attorney Jim Sutton, who also serves as Mayor Gavin Newsom’s treasurer (and didn’t return our calls for comment by press time).

Political donations are supposed to be transparent and reflect popular support for some campaign. But once again, this election is showing the disproportionate influence that corporations have on local politics and the difficulties faced in trying to accurately trace that influence.

There are "No on K" billboards all over San Francisco, showing a giant image of a man’s empty pocket alongside the dubious claim that "Proposition K will cut $20 million from Muni." The signs were created and funded by Clear Channel Outdoor.

Prop. K is an advisory measure that the Board of Supervisors placed on the ballot this fall to ask whether voters want to restrict advertising on public spaces like bus stops. But it was aimed at Clear Channel Outdoor’s contract to maintain 1,100 city bus shelters and sell advertising on them, which was approved by the Board of Supervisors on Oct. 23. In exchange, the CCO agreed to pay the Metropolitan Transportation Authority $5 million annually, plus 45 percent of its annual revenues from shelter ad revenues.

Nonetheless, the measure would put city voters on record as opposing the CCO’s basic business model, so the company fought back. The "No on K — Citizens to Protect Muni Services" filing suggests that there is no citizen involvement in the No on K campaign. So far, No on K has only received donations from Clear Channel Outdoor, including $120,000 in cash and $55,750 in in-kind contributions of radio time and ad space.

Maybe Clear Channel really is trying to help Muni get more money, rather than pad its own profits. After all, its parent corporation, Clear Channel International, donated $20,000 to support Muni reform measure Proposition A — authored by Board of Supervisors president Aaron Peskin — on Oct. 15, just days before Clear Channel Outdoor won its big bus transit deal with the city.

Yet following the corporate money even further makes it clear that altruism isn’t what motivates corporate spending. No on K also benefited from independent expenditures by the San Francisco Chamber of Commerce 21st Century Committee, a general-purpose committee created in 1999, which received major funding this year from the Gap ($10,000), Pacific Gas and Electric Co. ($7,500), Bechtel ($5,000), Catholic Healthcare West ($5,000), and Clear Channel Outdoor ($1,000).

The 21st Century Committee also spent $716 for newspaper ads opposing Prop. A, which would net the MTA at least $26 million per year from the city’s General Fund. Sutton — a former chair of the California Republican Party — and his associates effectively control the 21st Century Committee, which is also helping Newsom, his top client, avoid facing the Board of Supervisors in public. The committee has made independent expenditures opposing Proposition E, a charter amendment that would require the mayor to make monthly appearances before the board, something voters approved last year as an advisory measure. According to Newsom spokesperson Nathan Ballard, defeating that measure is the mayor’s top priority this election.

"I think he’s focused on his own race and also Question Time. There’s where he’s spending his resources," Ballard said when asked why Newsom isn’t campaigning or fundraising for the Yes on A and No on H campaigns, even though he supports those positions.

The 21st Century Committee has also made independent expenditures in support of Proposition C (which would require public hearings for measures that the board or the mayor places on the ballot), Proposition H (see "Transit or Traffic," page 18), Proposition I (which would establish an Office of Small Business), and Proposition J (Newsom’s wireless Internet advisory measure).

Each of these ballot measures has a committee dedicated to raising funds, but as of Oct. 25, only the Small Business Campaign (Yes on C) appeared to have no outstanding debts, or accrued funds, as they are called in campaign finance circles. Maybe that’s because the Small Business Campaign got $10,000 from the 21st Century Committee, $5,000 from PG&E, $2,500 from AT&T, $8,500 from the SF Small Business Advocates, and $1,000 from the Building Owners and Manufacturers Association of San Francisco’s political action committee.

Yes on C also got a $7,500 contribution from the Committee on Jobs Government Reform Fund, which has ties to Clear Channel, the MTA, and efforts to influence local transportation policy. Records show that on Nov. 4, 2005 — just before the election — the Committee on Jobs Government Reform Fund reported a $6,900 "loan" for radio airtime and production costs from Clear Channel to help defeat a measure that would have split the MTA appointments between the mayor and the Board of Supervisors.

Fast-forward to Oct. 3 of this year, when the Committee on Jobs, which reported its "loan" as accrued funds for almost two years, reported that this debt has now been forgiven. Which is odd, given that, as of Oct. 25, the Committee on Jobs had a cash balance of $778,000 — and had just received $35,000 from financier and Committee on Jobs board member Warren Hellman, $35,000 from AT&T, and $50,000 from the Charles Schwab Corp.

Equally interesting is the fact that the day after the Oct. 25 preelection filing deadline, the Committee on Jobs gave $25,000 to the Sutton-controlled No on E: Let’s Really Work Together Coalition. Such large late contributions require a notice to Ethics that can often escape notice by the media and voters.

The donation perhaps went to help balance the committee’s books; despite receiving $85,084 in monetary contributions, including $10,000 from attorney Joe Cotchett and society maven Dede Wilsey, No on E spent $110,244 before Oct. 25, leaving it with $26,610 in accrued debt.

No on E isn’t the only Sutton-controlled committee whose spending has outpaced donations received: as of Oct. 25 the Yes on H–No on A pro-parking committee and Newsom’s WiFi for All, Yes on J committee, not to mention the Gavin Newsom for Mayor campaign, were all registering large amounts of accrued debt.

Having these debts isn’t illegal. And it’s not unusual for a campaign to have a pile of unpaid bills at the time of its last preelection finance filing. But as Ethics Commission director John St. Croix told the Guardian, accrued funds "shouldn’t be used to hide who your contributors are. The idea of disclosure is to let voters know ahead of elections who is trying to influence their vote."

St. Croix points to the fact that committees are required to make reports every 24 hours in the 16 days before an election "so you know what they are spending on…. But if committees don’t report campaign contributions and people fundraise after the election, that could be a de facto way to hide who the contributors are."

And while Sutton has been characterized by many, including the Guardian (see "The Political Puppeteer," 2/2/04), as the dark prince of campaign finance, St. Croix says he doesn’t automatically suspect something is wrong just because a campaign has a lot of accrued debt.

"But if people suspect that to be the case and they file a complaint, Ethics investigates," St. Croix said, adding that for him, "really massive accrued funds would be a red flag."

Asked what he meant by massive, St. Croix said, "It depends on the office. You might expect a lot more to accrue in a mayor’s race or large campaigns that tend to do a lot of last-minute spending."

As of Oct. 25, Gavin Newsom for Mayor had received $1.1 million and spent $1.3 million, had a cash balance of $457,994 — and was reporting $97,548 in accrued debt, with $46,500 owed to Storefront Political Media, the company run by Newsom’s campaign manager, Eric Jaye.

Noting that Ethics’ job is "to get people to file on time and chase after those who don’t," St. Croix said that those who don’t file and are making major expenditures right before an election are the ones who will face the biggest fines. "They could face $5,000 per violation, which could be $5,000 for every contribution that was made to finance a smear campaign and wasn’t reported," he said.

The biggest fine the Ethics Commission has ever issued was $100,000 for Sutton’s failure to report until after the 2002 election a late $800,000 contribution from PG&E to help defeat a public power measure.

Compared to other years, the amounts of accrued debt in this election may look small, but former Ethics commissioner Joe Lynn points to a disturbing pattern in which Sutton-controlled committees were insolvent before the election, then raised funds later or, as in the case of the Committee on Jobs, magically saw their debts forgiven.

"If I am a candidate running for mayor, like Gavin Newsom, and I personally rake up $100,000 in debt and have a big financial statement, then that means there’s a creditor willing to advance me those funds," Lynn said. "But if the debt has been raked up by a ballot measure committee, then who is responsible? Why would vendors spend $10,000 for that committee unless they knew that debt was wired from the get-go?"

But the result is the same: voters don’t know who donated to the campaign until after the votes have been cast. A clear historical example of this debt scheme can be seen in the June 2006 No on D Laguna Honda campaign. In its last preelection report, No on D had $59,750 in contributions, $18,664 in expenditures — and $130,224 in debt.

But during the 16 days before the election, No on D suddenly got $110,000 in late contributions from the usual suspects downtown, including $2,500 from Hellman, $15,000 from Turner Construction, $10,000 from Wilsey, $2,000 from the San Francisco Chamber of Commerce, and $2,500 from the Building Owners and Manufacturers Association of San Francisco.

As Lynn explains, campaign finance laws only require disclosure of contributions, not expenditures, made in the 16 days before an election — and only $64,000 worth of the contributions used to pay off No on D’s accrued expenses were disclosed, with $10,000 each from the California Pacific Medical Center and Kaiser Permanente trickling in on or after Election Day.

This year campaign finance watchdogs like Lynn note that the Sutton-controlled Yes on H–No on A committee has been hiding its contributors. In its first preelection report, filed Sept. 22, Yes on H showed $113,750 in contributions, $111,376.18 in expenditures, and $69,806.98 in accrued debt.

A month later it has doubled its contributions, tripled its expenditures — and had increased its accrued debt to $77,509. Lynn predicts that Yes on H’s accrued debt will be paid down by late contributions after the election or forgiven later on.

"The solution to the debt scheme is twofold," Lynn said. "Prosecute people doing the scheme and pass a law prohibiting campaigns from making more expenditures than they have contributions. Technically there is nothing illegal about reporting more debt that you have the cash or contributions to pay, but no businessperson regularly offers services in situations where it isn’t clear that they will be paid."

Since the Oct. 25 filing deadline, late contributions have continued to pour into No on E big-time, for a total of $59,500. That includes $25,000 from the Committee on Jobs, $2,500 from Jonathan Holzman, $6,000 from Elaine Tsakopoulos-Kounalakis, $1,000 from Chris Giouzelis, $1,000 from Nick Kontos, $1,000 from Farrah Makras, $1,000 from Victor Makras, $1,000 from Makras Real Estate, $5,000 from John Pakrais, $1,000 from Mike Silva, $1,000 from Western Apartments, $5,000 from Maurice Kanbar, and $5,000 from the San Francisco Apartment Association PAC.

The Yes on A committee hasn’t used the accrued debt scheme, but it has been the second-largest recipient of late contributions. It received $57,000 in late contributions, with donations from Engeo ($1,000), Singer Associates ($2,500), Trinity Management Services ($10,000), Elysian Hotels and Resorts ($5,000), Luxor Cabs ($1,000), Marriott International ($15,000), the SF Police Officers Association ($2,000), Sprinkler Fitters and Apprentices ($1,500), Barbary Coast Consulting ($2,500), and SEIU International ($3,397.14).

No on H (Neighbors Against Traffic and Pollution) received $4,500 in late contributions, with donations from Norcal Carpenters, Alice and William Russell-Shapiro, and Amandeep Jawa. And in what looks like a classic case of hedging bets, Singer Associates has made a $2,500 late contribution to both Yes on H and No on H.

Steven Mele, who is treasurer for Yes on A and No on H, told the Guardian, "There’s some people that time their contributions, but their names are out there, reported on public sites. A lot of corporate money comes in prior to the last deadline, then some afterwards. If campaigns are running with a lot of accrued debt, then those people must have an idea of what money is going to come in."

Unlike the campaigns controlled by the Sutton Law Firm, Mele’s committees, which work with Stearns Consulting, are not carrying massive loads of unpaid debt. Yes on A had received $302,452 and spent $279,890 and had $17,749 in debt as of Oct. 25. No on H had received $134,458 and spent $124,088 and had no debt as of Oct. 25.
Mele also believes that while campaign finance rules were written to make the money trail more transparent, "They’ve resulted in the public being inundated with so much information that they tend to glaze over."

Halloween in Rock Rapids. What really happened on Halloween Eve in l95l in the almost famous town of Rock Rapids, Iowa

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By Bruce B. Brugmann

I was just settling down to get back into the business of blogging (I have been away at an assembly of the Inter American Press Association in Miami and a convention of the California First Amendment Coalition at USC in Los Angeles) when an ominous email from Washington, D.C., popped up on my computer.

At first I thought it was just more fear-mongering out of the Bush administration, but the head did intrigue me, “Millions of children could be exposed to dangerous toys on Halloween.” It was the announcement for a news conference call with reporters on Tuesday, to release a new report on the “toxic trade of deadly Halloween toys,” toys made in China and being recalled for containing dangerous levels of lead in violation of U.S. safety standards. Halloween was the news peg.

Meanwhile, the word was dire back in San Francisco. The mayor and city fathers were warning people to stay out of the Castro, the gay area that annually sees a tumultuous gathering of hundreds of thousands and police in full riot gear. “HALLOWEEN WARNING: KEEP CLEAR OF THE CASTRO,” trumpeted the San Francisco Chronicle in its Halloween morning edition. “City puts word out: There’s no party, just stay home.”

I was astounded. A full year has gone by since I wrote an almost famous blog disclosing in graphic detail, naming names, what really happened on Halloween Eve in 1951 in my almost famous hometown of Rock Rapids, Iowa. As Halloween seems to spin out of control, the story of Halloween in Rock Rapids is worth retelling, as anybody in the almost famous Hermie Casjens gang would argue. And so I am going to do so.

There weren’t any “deadly Halloween toys” nor any toxic trade thereof nor any tumultuous hordes creating a riot situation in Rock Rapids, but there was a bit of targeted hell raising on Halloween. In fact, it was understood that Halloween was the one night of the year when the more adventurous youth of the town could raise a little hell and hope to stay one step ahead of the cops. Or, in the case of Rock Rapids, the one and only cop, Elmer “Shinny” Sheneberger.

Shinny had the unenviable job of trying to keep some semblance of law and order during an evening when the Hermie Casjens gang was on the loose. Somehow through the years, nobody remembered exactly when, the tradition was born that the little kids would go house to house trick and treating but the older boys could roam the town looking to make trouble and pull off some pranks.

It was all quite civilized. The Casjens gang would gather (no girls allowed) and set out about our evening’s business, being careful to stay away from the houses of watchful parents and Shinny on patrol. Dave Dietz and I specialized in finding cars with keys in the ignition and driving them to the other end of town and just leaving them. We tipped over an outhouse or two, the small town cliche, but one time we thought there was someone inside. We never hung around to find out. There was some mischief with fences and shrubs and swings hanging in back yards.

After an evening of such lusty adventures, we would go home about ll p.m. and tell our parents what we had been up to and how we evaded Shinny the whole evening and they would (generally) be relieved. Shinny would just drive around in his patrol car and shine his lights here and there and do some honking. But somehow he never caught anybody nor made any serious followup investigation. And the targets of our pranks never seemed to make police complaints. I once asked Paul Smith, the editor of the Lyon County Reporter, why he never wrote up this bit of zesty small town lore. “Bruce,” he said, “I don’t want things to get out of hand.” During my era, they never did.

Nonetheless, the city elders decided to keep Halloween devastation to a minimum and scheduled a dance in the Community Building, with the misbegotten idea the pranksters would give up their errant ways and come to the dance. The Casjens Gang would have none of this. In fact it was the year of the dance diversion that we made our most culturally significant contribution to Halloween lore in Rock Rapids. We happened upon a boxcar, loaded with coal, parked on a siding a block or so from Main Street, which also served as a busy main arterial highway for cars coming across northwest Iowa.

It is not clear to this day who came up with the idea of rolling the boxcar across Main Street and blocking all traffic coming from both directions. We massed behind the car and pushed and pushed but it wouldn’t budge. Then Bob Babl came up with a brilliant stroke: to use a special lever his dad used to move boxcars full of lumber for his nearby lumberyard. Bob slipped through a fence behind the yard and somehow managed to find the lever in the dark. We massed again, now some 20 or so strong, behind the car and waited for the signal to push. Willie Ver Meer climbed to the top of the car and wrenched the wheel that set the brakes. We heaved in unison and the car moved slowly on the tracks until it reached the middle of Main Street. Willie gave a mighty heave and ground the car to a dead stop, bang, square in the middle of the street. Almost immediately, the cars started lining up on both sides of the car, honking away. Grace under pressure. An historic event. Man, were we proud.

We slipped away and from a safe distance watched the fruits of our labor unfold. Shinny, the ever resourceful police chief, soon came upon the scene. He strode into the dance in the nearby Community Building and commandeered enough of the dancers to come out and help him move the car back onto its siding. We bided our time and then went back and pushed the car once again into the middle of the street. Jerry Prahl added a nice touch by rolling out a batch of Firestone tires onto the street from his Dad’s nearby store. Suddenly, Main Street was a boxcar- blocked, tire-ridden mess. Again, the cars started lining up, honking away. Then we fled, figuring we were now wanted pranksters and needed to be on the lam.

The Casjens gang and groupies have retold the story through the years at our regular get togethers at the Sportsmen Club bar at Heritage Days in Rock Rapids and at our all-Rock Rapids Cocktail Party and Beer Kegger held in the back lawn of the Mary Rose Babl Hindt house in Cupertino. We would jokingly say that the statute of limitations never runs out in Rock Rapids and so we needed to be careful what we said and ought not to disclose fully the involvement of Dave Dietz, Hermie Casjens, Ted Fisch, Ken Roach, Jerry Prahl, Bob Babl, Romain Hahn, Willie Ver Meer, and lots of others, some who were there working in peril, others who declared they were there safely after the fact.

Two years ago, just before Halloween, I was invited back to Rock Rapids to speak to a fund-raising event for the local high school. It was a a crisp clear night just like the night of Halloween in l95l and a perfect setting to tell the story publicly in town for the first time. The event was at the new community building, on Main Street, just a block or so from the old Community Building, and a block or so from the siding where we found the boxcar. I told the audience that Shinny had assured me the statute of limitations had run out in Rock Rapids and that I could now, 54 years later, tell the boxcar- across -Main -Street caper with no fear of prosecution. And so I did, with relish.

Chuck Telford was in the audience and I recalled that he had driven up to us that night, as part of a civilian patrol, and inquired as to what we were doing. When he could see what we were doing, he just quietly drove off. “Very civilized behavior,” I said. Afterward, I told Chuck I would back him for mayor, on the basis of that incident alone. Craig Vinson, then the highway patrolman for the area, came up to me and said he remembered the incident vividly because he was on duty that night and came upon the boxcar blocking the highway with long lines of honking cars. “I got ahold of Shinny that night and told him it was his job to move the boxcar and get it off the highway,” he said. Others said they had gotten a whiff of the story but were never able to pin it down. The high school principal and superintendent didn’t say much and, I suspect, were worried my tale might lead to the Rock Rapids version of the movie “Ferris Bueller’s Day Off.”

For years, I said in my talk, I didn’t think that Shinny ever knew exactly what happened or who was involved in the caper or how we pulled it off, twice, almost before his very eyes. Shinny retired in Rock Rapids and I saw him twice a year when I came back to visit my parents. But I never said anything and he never said anything but finally a couple of years ago I found the right moment and cautiously filled him in. He chuckled and said, “Let’s drink to it.” We did. And we have been drinking to it ever since. He calls me now and then in my office in San Francisco. He always tells the receptionist, “Tell Bruce, it’s Shinny. I’m his parole officer in Rock Rapids.”

Those were the days, my friends. The days of Halloweens without dangerous toys and toxic trade with China and riots on Main Street. B3

Meet the Candidates: Michael Powers

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The Bay Guardian is profiling the candidates for the 2007 elections. We’ll be updating this entry as more information comes in. Post your thoughts or comments below.

Mayoral candidate Michael Powers

michael_powers.jpg

www.powersforthepeople.com

“As a candidate for Mayor it is my intent to accomplish the following tasks for my fellow residents. I will:

*make Muni free and introduce a community bicycle program with 10,000 bikes
as in Paris.

*protect our city’s skyline through slow growth rather than our present program
of Manhattanization.

*lower our crime rate by increasing the number of police officers we have on our
streets by use of Lateral Transfer hiring and insisting that sworn personnel are not
wasted on administrative duties.

*use our bike program to allow the homeless to become its supervised labor pool
in bike maintenance, thus teaching them a trade.

*encourage the promotion of Harvey Milk’s birthday as a national holiday.”

Visit the Guardian 2007 Election Center for updates, more interviews, and 2007 election news.

Jim Rivaldo, 1947-2007

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› tim@sfbg.com

There aren’t many political consultants in the world who deserve the term "sweet person." There aren’t many who last in that often vicious and horrible business who care more about their personal political principles than they do about money. There aren’t many who are universally liked, even by the people they routinely oppose.

Jim Rivaldo was weird that way. I knew him for almost 25 years, since I began watching the nasty world of insider San Francisco politics, and I don’t think I’ve ever met anyone who had anything bad to say about him.

Rivaldo was one of the first openly gay political consultants in the country, an advisor and campaign manager for Harvey Milk and an innovator in the early days of the business of using graphic art and direct-mail technology to elect people to public office. He was the state’s first openly gay commissioner, serving as Milk’s regional representative on the Coastal Commission.

Rivaldo and his business partner, Dick Pabitch, managed the campaign that defeated the Police Officers Association juggernaut to create the Office of Citizen Complaints in 1983. He helped elect Milk and his successor, Harry Britt, helped found what is now the Harvey Milk LGBT Democratic Club, and was one of the key players who put gay politics on the map, making the queer community a force to be reckoned with in San Francisco. He was the treasurer of the first campaign to bring district elections to San Francisco.

Rivaldo was also one of the first political activists to make connections between the gay and the African American communities. He ran the campaigns of nearly every black politician elected to office in the 1970s and ’80s. In other words, his professional résumé was, by any standard, impressive.

But when you ask people today about him, what they remember most is his sense of humor, his passion for what he cared about — and the fact that he was, above all, a wonderful human being.

"He was such a great guy," said City Attorney Dennis Herrera, who hired Rivaldo to run his first campaign. "I think it’s a measure of the integrity of the man that everyone in town had a fond spot in their hearts for him."

"He had principles," San Francisco Information Clearinghouse activist Rene Cazenave recalled. "He was sort of a socialist, with a real understanding of class, and he really believed in it."

State senator Carole Migden said, "He was the sort of person who could cross all political lines. He was like a UN ambassador."

Rivaldo was born in Rochester, NY, in 1947. It wasn’t an easy place to be a young gay man, but he persevered, as he always did later in life, and wound up graduating from Harvard. He arrived in San Francisco in the early 1970s, just as the gay pride movement was getting into full swing, and quickly became a part of community politics.

He set up a political consulting firm when managing campaigns for money was still a new line of work — and quickly demonstrated that he had an innate skill for it. With Pabitch, he set up shop in a second-floor office in the 500 block of Castro Street and started promoting queer candidates as citywide contenders.

"He was the first one to use turquoise and hot pink for political fliers," Migden recalled.

And over the next two decades, as many of his industry colleagues began to make a lot of money — and some became very wealthy — Rivaldo always seemed to barely get by. After he and Pabitch split up he moved to a little office near City Hall and took on a string of candidates who were often barely able to pay their bills.

"He wasn’t the ruthless, get-ahead-at-all-costs type," Migden said. "That’s why he wasn’t rich."

I always liked talking to Rivaldo. He never called to talk trash about someone else. I didn’t always like his candidates, but I knew he always did; when he told me about someone he thought should be in office I always knew he was telling the truth. He actually cared about people and issues, and when things went badly (when, for example, a candidate he helped elect to the school board voted the wrong way on the Reserve Officers’ Training Corps and infuriated the queer community) he felt personally let down, just like the rest of us.

AIDS has ravaged his generation of gay men in San Francisco, and there aren’t many people left in politics who are links to the days of Milk, who can remember and tell stories of a time when the idea of a queer person serving at City Hall was considered an astounding breakthrough. And it’s in part because of him that San Francisco now has two queer supervisors, two queer state legislators, and queer representation at virtually every other level of government.

But I think the most remarkable fact of Rivaldo’s life is that he was such a decent guy that he could be friends with so many people who were so often at odds, often to the point of not speaking. He talked to Jack Davis and Tom Ammiano, to Migden and Mark Leno, to Terence Hallinan and Kamala Harris. They all liked him; they all respected him. They’ll all miss him. And so will I.

The story of Q

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› sarah@sfbg.com

With just a couple of weeks to go until San Franciscans elect their next mayor, Quintin Mecke, the 34-year-old program director of the Safety Network, has emerged as Gavin Newsom’s top challenger.

Since declaring his candidacy, the fresh-faced Mecke has been endorsed by almost every significant progressive entity in the city, including supervisors Chris Daly and Ross Mirkarimi, BART board member and Livable City director Tom Radulovich, the Harvey Milk LGBT Democratic Club, the San Francisco Tenants Union, and the Guardian.

"Of all the mayoral candidates, Quintin has the longest record of working in the community and on important issues facing the city," said Daly, who was the first to publicly endorse the Pennsylvania native, shortly after Mecke declared his candidacy in August.

But despite his solid list of endorsers, Mecke hasn’t managed to raise much money. He didn’t come close to taking advantage of the mayoral public financing program created by Mirkarimi and approved by the most liberal members of the Board of Supervisors. Mecke said his late entry made it impossible to raise the required $25,000 (from at least 250 donors who could prove San Francisco residency) by the Aug. 28 deadline.

"Had I had more time, I don’t think raising the $25,000 is that much of a challenge," Mecke, a former Peace Corps volunteer, told the Guardian at the time. But two months later Mecke has only raised $11,203, with Sup. Tom Ammiano and former mayoral contender Matt Gonzalez respectively contributing $250 and $100, although neither has endorsed him yet.

With Newsom sitting on a $1.8 million war chest, Daly admits that it would take a perfect storm for Mecke to win.

"The incumbent would have to stumble between here and the finish line," said Daly, who toyed with running until Aug. 8, at which point Mecke dove into the race, challenging Newsom’s record on public safety, homelessness, and affordable housing — issues that Mecke has been intimately involved with since moving here a decade ago.

Mecke’s move to California came shortly after he survived a near-fatal climbing accident in Alaska, which shattered all of his teeth when he fell 40 feet off a glacier. The fall also saddled Mecke, who didn’t have health insurance, with $90,000 in medical bills.

"It was a humbling experience, but people have to take responsibility for the situations they find themselves in," said Mecke, who worked for Ammiano on arriving in San Francisco and has since worked on the Ammiano, Mirkarimi, and Gonzalez campaigns.

Mecke also helped found the South of Market Community Anti-Displacement Coalition, served as president of the Mental Health Association of San Francisco, and helped author a report on homelessness that led him to publicly debate then-supervisor Newsom over his Care Not Cash initiative.

"Accountability without support is a form of cruelty," Mecke stated in 2002, a belief he still holds as he tries, as a member of the Homeless Shelter Monitoring committee, to get the city to implement universal shelter standards.

"If you raise the quality of life and safety standards in the city’s shelters, then more homeless people will want to enter them," Mecke said.

Mecke, a Western Addition resident, believes in community-driven responses to crime and violence. While Newsom claims that black-on-black violence has decreased under his administration, Mecke counters that African Americans make up only 7 percent of the city population but constitute 60 percent of the homicide victims. He thinks we need a real community policing program.

"We have 10 fiefdoms, 10 police districts," Mecke said. "That means that the oft-touted and talked about idea of community policing doesn’t really exist."

Newsom campaign manager Eric Jaye claims the only thing he knows about Mecke is that "he opposed Care Not Cash and he is supported by Sup. Chris Daly.

"But his own record? That’s a little bit harder," Jaye continued. "Mecke works for a city-funded nonprofit, but ironically, he’s unhappy with the violence prevention work the city is doing. Presumably he’s running because he thinks he can do a better job, but we’re proud of our progress on universal health care, our work on climate protection, our civic efforts, the fact that the eviction rate has plummeted, and that there’s more housing and affordable housing in the pipeline than [under] any other mayor in recent history."

But Mecke points out that the city’s health care initiative was Ammiano’s brainchild and that Newsom failed to deliver on his "wi-fi for all" promise by stubbornly pushing a flawed proposal and refusing to engage with its critics.

"Newsom’s only successes are initiatives proposed and led by members of the Board of Supervisors," said Mecke, who accuses Newsom of "making every decision within the framework of a national model while promoting some future candidacy."

He faults Newsom for asking for mass resignations this fall and sees the fact that Newsom is raising piles of cash to defeat Proposition E, which would require the mayor to make monthly appearances before the Board of Supervisors, as further evidence of his cowardice.

"San Francisco need to demand of this race that there’s public accountability," Mecke said. "Newsom seems to fear any form of nonscripted public interaction. When you go to his fake Question Time–town hall meetings you don’t actually get to ask the mayor your own question. He selects what he wants to hear."

Door-to-door “education”

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Correction:

In “Door-to-Door Education” [10/24/07], we reported on a group called the San Francisco Homeless Services Coalition. Our story stated that 25 percent of the group’s income goes to overhead and in-kind donations. In fact, Daniel Rotman, the group’s director, says 10 percent of the income goes to overhead, 54 percent to “public education” (which includes door-to-door canvassing and fundraising), 13.5 percent to financial donations to local shelters, and 22.5 percent to in-kind donations. Our article also stated that the San Francisco Police Department was considering revoking the group’s charitable-solicitations permit and that department staff recommended the permit be revoked. In fact, the permit was extended for another six months while a decision on revocation is pending. The literature that the group was handing out early in its operation included the SFHSC name, address, and phone number.

› amanda@sfbg.com

While San Francisco’s problem of homelessness rages in the local streets and broadsheets, a Los Angeles–based organization that raises money for homeless people has set up a new shop in town. Situated in the high-traffic area of Seventh and Market streets, where the down-and-out regularly nap, panhandle, and hawk their wares, the San Francisco Homeless Services Coalition seems perfectly placed to lend a hand.

But a recent afternoon visit to its headquarters found the gate pulled shut, the door locked, and a person inside working at a computer while half a dozen homeless people loitered outside. Nothing, save a small piece of paper reading "SFHSC" posted in the window, indicated this was a place to give money or assist homeless individuals.

During another impromptu visit the gate was open and the room full of people — potential canvassers receiving instructions on going door-to-door to ask for $150 donations, which is how the group’s fellow organization, the Los Angeles Homeless Services Coalition, has raised more than $2 million in two years, according to its Web site.

When we asked for more information about the group, we were told it doesn’t print brochures or any kind of literature, in order to save money. A handmade business card with the phone number and Web site was given with an aside that we were "lucky to be getting that."

Concerns about the SFHSC have reached the San Francisco Police Department, which is investigating whether the door-to-door canvassers are carrying the proper identification and if that form of fundraising violates the group’s city-issued charitable-solicitations permit. The permit forbids soliciting within 10 feet of doors. A certificate of registration issued to the SFHSC on April 11 clearly states, "This does not authorize your organization to go door to door for solicitation. Public property only for charitable solicitation."

But the group has been knocking on doors in San Francisco for the past six months, telling people that "the best way to make a difference is by making a $150 tax-deductible donation," according to the script it gives its canvassers. It’s raised at least $100,000 so far in the name of helping the homeless, but its work has managed to alienate some of the local leaders it intended to support.

"There isn’t a relationship any longer," Erica Kisch, executive director of Compass Community Services, told us when asked about the three-month arrangement between the two groups during which the SFHSC agreed to donate 15 percent of its take to Compass. "We knew nothing about them. We met with the director. They said they were raising money for homeless services," Kisch said. "It was an opportunity, and it seemed aboveboard at the time."

Canvassers solicited with flyers clearly showing Compass’s name, federal tax-exempt identification number, and statistics but lacking the same details about the SFHSC. That caused concerned citizens to call Kisch. "We were getting inquiries from the community about what they were doing, their tactics. They were kind of aggressive, going up to people’s doors asking for a lot of money…. It wasn’t really clear to the people they were soliciting that money was going to direct services," she said.

In fact, most of it wasn’t. The SFHSC says only 15 percent of the money it raises makes it to the shelters and service centers. Most of the money raised goes to raising more money door-to-door — either to canvassers or their support staff — an effort the group calls "education." Kisch did some more research and ultimately decided "it wasn’t worth it to us to be attached to a controversial organization like that." Compass ended up receiving a total of $11,250 from the SFHSC.

Daniel Rotman, founder and executive director of both the SF and the LAHSC, said of the breakup, "Maybe they didn’t realize we’d be reaching so many people. I think we were just too new for them."

Rotman, a 27-year-old LA resident and UC Berkeley graduate with a degree in political science, used to work for the Democratic National Committee but decided politics wasn’t for him. He transferred the grassroots machinery of fundraising for politics to the particular issue of homelessness, he told us, "because I care. I’ve always been taken by the issue."

He confirmed to us that the SFHSC does not interface with needy folks — it just gathers money in their name. Homeless people who stop by the office are referred to other locations in the neighborhood and escorted out. Rotman said 15 percent of the net money raised is given to local groups, 60 percent goes to education, and 25 percent is for overhead, as well as a plan to buy delivery trucks for ferrying donated goods from homes to shelters.

"Our main goal is educating the community," Rotman said. "We don’t just raise money and give it to other groups. It costs money to set up speaking engagements and pay for field managers." But he admitted the SFHSC hadn’t done or set up any speaking gigs yet. The 10 to 11 canvassers employed at the SFHSC are paid minimum wage and earn a 30 percent bonus if they exceed a weekly office average. "They get that for going out into the community and informing people about the issue and about us. At the end we ask them to make a donation," Rotman said.

So the point of the canvassing is to educate, not raise money, but those who have received the pitch are dubious.

"It was not educational at all," one Bernal Heights resident said of her interaction with an SFHSC canvasser. "My husband works in that field, and I was surprised I’d never heard of them." She asked for a business card so she could do more research, but the canvasser had no printed materials. "Just a clipboard with names and addresses and a very vague petition." No envelope, no card, no pamphlet. "Basically, he was just asking for donations. I didn’t know what to think."

Besides the soliciting foot soldiers and an office at 1135 Market that’s so discreet it’s easy to miss, the group’s only public face is its Web site, www.sfhsc.org — a copy of the LAHSC site. "Who is homeless in San Francisco?" the Web site asks, but its answers don’t inspire a lot of confidence — they were clearly imported from our southerly neighbor. "50% of homeless adults are African American, compared to 9% of LA’s total population."

Paul Boden, executive director of the Western Regional Advocacy Project and former head of the Coalition on Homelessness, said he found out about the SFHSC from people who thought its canvassers were from COH. Boden, who’s been working on homeless issues since 1983, said none of his peers in LA had heard of the group, further raising his suspicions. "This group has to have one legitimate provider," Boden said. "One pimp group as the basis for all this funding — it’s a scam that’s as old as poverty."

Boden and Seth Katzman, director of Conard House, filed complaints with the SFPD that the SFHSC was vioutf8g the terms of its charitable-solicitations permit. An SFPD permitting officer confirmed the department had received concerned calls and a revocation hearing was held Aug. 15. Capt. Tom O’Neill said a backlog of work has kept him from releasing the final decision, but his staff has recommended the permit be revoked.

"Find out more before a gift is made," Bennett Weiner, chief operating officer of the Better Business Bureau’s Wise Giving Alliance, told us. He said legitimate nonprofits should make their annual report and other financial details publicly available and posted on a Web site.

And at the very least, they should have some flyers. "Not to have any literature available does raise potential concerns in donors’ minds," Weiner said. "It is something we encourage people to ask for."

Rotman told us the lack of literature was a fluke and the SFHSC always sends its canvassers out with four packets of envelopes to give to citizens. They’re required to knock on 75 doors, so it’s easy to imagine they might run out of envelopes.

The BBB also recommends that any such group be overseen by a board that meets three times a year, composed of at least five members, who should not make more than 10 percent of the organization’s total take. Rotman told us his board has three members — the IRS’s minimum legal requirement — and that he makes $36,000 a year. He could not provide annual reports or financial statements, explaining that the SFHSC is new and has had to rely on partnerships with fiscal sponsors.

Lisa Watson, executive director of the Downtown Women’s Center, said her group’s 17-member board of directors decided to terminate its relationship with the SFHSC after receiving $30,000. "Our board decided they didn’t think the canvassing was the way they wanted to go, because a certain percentage went to canvassing. Only a certain percentage went to us."

The LA Youth Network is the LAHSC’s current beneficiary, and director of administration Katherine McMahon expressed satisfaction with the relationship. "We work with homeless teens, and they’ve been an awesome advocate for us." The group has received more than $600,000 during the past two years.

Both Watson and McMahon said one of the benefits of the relationship with the LAHSC had been access to a new pool of donors, something that can be as important to many groups as money. "It’s more than raising money. Its building brand identity," Rotman said. In this case the "brand" is the problem of homelessness. "We have found more than anything that people in the community, based on our canvassing and talking to people one-on-one, there’s a general aggression from citizens and residents in the Bay Area towards the homeless." He wants to "talk to people on a one-on-one basis and say, ‘Hey look, it’s not necessarily what you think.’<0x2009>"

He said they’re raising empathy and support for public policy measures and "try to build up a little support for homeless services themselves." The SFHSC now partners with a different group every month, which will receive 15 percent of the net of its canvassing fruits.

"That specific setup, going door to door … this isn’t the way nonprofits in San Francisco raise money," Kisch said. "They’re pressing people to give $150 off the street. I would never give anyone that kind of money without more background on them. We were getting 15 percent after expenses. Where’s the rest of it going?"

The red and the white

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› paulr@sfbg.com


In the pot-hazed precincts of bohemia, anything seems possible — and is that furtive person in the corner actually pouring the remains of a bottle of red wine into a half-empty bottle of white? Could someone please phone the wine police? (Wine-1-1?)

Bohemian life has ebbed in this city, no question, but living splinters of it remain, mostly in rambling flats in the Mission. The furtive person wasn’t actually in the corner but at the refrigerator — bohemians have refrigerators now — and she wasn’t blending red and white wines like matter and antimatter in some apocalyptic Star Trek episode but reaching for a bottle of Peju Province’s Provence blend. It’s the red wine you chill, and that’s because it’s not red wine, properly understood, but a proprietary blend of merlot, cab, and zin, along with chardonnay and colombard. It also costs about $22 a bottle — or, in a barter economy, nearly a case of Two Buck Chuck — but one of the wisdoms of bohemia is that if you’re going to blow some cash, blow it on an experience rather than a possession. A bottle of wine is a possession, in a sense, but only briefly; it’s really more a bottled experience that, like a genie, we summon when we choose.

While the cork master worked her magic, Stendahl was discussed by we sofa surfers. The Red and the Black. I have long been struck by the stark Franco-Italian distinction between the colors of wine: noir–nero versus blanc–bianco, black and white, one or the other, never the twain shall meet. Rosé, a possible exception, is basically neutered, or interrupted, red wine. The European versions and their domestic imitators can be a little austere and can taste rather strongly of alcohol, whereas the "white" wines made from red grapes — zin, cab, merlot — are friendlier but often too sweet and even, sometimes, fizzy, like soft drinks.

Peju’s blend is better than any of them. The wine has enough richness of color to convince, and while it’s light enough in body to benefit from chilling, it tastes more of fruit than of alcohol. It tastes, in fact, like a still version of cold duck, the sparkling party wine of yesteryear — and, as we discovered, it mixes well with talk about Stendahl. Bohemia lives!

41st Anniversary Special: Psych out

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> gwschulz@sfbg.com

San Francisco is a beautiful place. But it’s also a city where an extraordinary number of people suffer from mental health problems, sometimes quietly, sometimes visibly. City government has always taken on the burden of caring for those who really need it, but the Gavin Newsom administration has been trying to outsource that obligation in recent years.

Department of Public Health director Mitch Katz has tried for years to trim the number of psychiatric-care beds maintained by San Francisco General Hospital. He proposes to replace those services by contracting them out to local nonprofit Progress Foundation, which earned most of its $11.5 million in revenue last year from government sources.

The proposal is for Progress to develop and operate a community-based psychiatric treatment center as an alternative to SF General’s emergency-room and inpatient beds. A key difference would be that the alternative treatment would be voluntary and cater to those without severe symptoms.

Katz wants to eliminate 14 of SF General’s beds and reduce the number of patients it assesses by 30 percent. Add to that seven other beds that were stripped of funding two years ago, and it’s clear that mental health treatment in San Francisco is changing.

"It’s a problem we have to solve by coming up with alternatives," Katz told the board’s budget committee Oct. 10, "because it’s not right for that person, or for the cost to the system, that [they] be in a locked ward. It’s more downstream alternatives."

Opponents of the cuts, however, including psych nurses at SF General, led by the hospital’s chief of psychiatry, say the Progress proposal might complement SF General’s services but it would be dangerously shortsighted to think it can replace them.

Private-sector hospitals in San Francisco have already cut a combined 100 psych beds over the past 10 years, leaving behind only 75. Patients relying on Medi-Cal subsidies end up at SF General more than ever. Admissions, in fact, have climbed by as much as 50 percent in the past decade.

"I don’t want to be alarmist," said Alfredo Mireles, a psychiatric nurse at SF General who is opposing the cuts, "but we have this one guy who’s been in and out of here since his teens. He’s in his 30s now. He’s smart, college educated. But he has these violent outbursts with no remorse."

The man had assaulted a police officer just the night before, Mireles said. He recalled another patient who was so paranoid he wouldn’t come out of his room to eat. He had ended up in the emergency room after not eating for eight days.

Nonetheless, SF General’s psych ward maxed out last December for the first time in its history, forcing police offers to divert patients to jail or to hospitals unprepared to deal with them. All those facilities can do is strap down the patients or lock them in seclusion until a slot opens at SF General.

"You have to be very acute to get admitted," psych nurse Stacey Murphy said, referring to SF General. "But then we can’t get rid of people, because nobody wants them. They’re not acute enough to technically belong in our hospital, but they belong in a locked facility or in board and care."

Murphy explained that Progress won’t be able to handle certain patients now living in a sort of gray area at SF General — between being willingly and unwillingly hospitalized — such as the drug addled or violent. And that’s one problem with privatization in general: corporations and nonprofits will gladly take over profitable services, but the hard or expensive cases often fall to government … or simply through the cracks.

Progress argues that SF General spends too much time and money on patients who have serious mental health problems but aren’t so acute that they need to be locked up. Its idea is to put psych patients back into the city but help alleviate the misery they might otherwise endure alone or in a maddeningly sterile hospital. It seems to think the hard cases aren’t that hard.

"The time and resources devoted to this group of clients in a psychiatric crisis who are not hospitalized represents a cost to the mental health system that is unnecessary and avoidable if the intervention, triage, assessment, and treatment can occur in a community setting," the Progress Foundation’s June proposal reads.

"To the extent that there are people who would do better if we really wrapped services around them, shouldn’t we all focus on those people who would accept services voluntarily?" Katz asked the committee. "I think to focus a lot of our resources trying to convince people to take treatment against their will as outpatients when so many people would benefit from more loving, positive care, I don’t think it’s the right priority."

Piers Mackenzie still views Katz’s plan as poor public policy. His daughter, then 22, required a brief stay at SF General’s psych ward during a sudden mental health catastrophe four years ago. The event politicized Mackenzie, and he has since agitated against attempts by Katz to scale back psychiatric services at the hospital.

"I couldn’t think of a more retrogressive step, simple as that," Mackenzie said. "When there’s a proven need for more beds than there are presently, to cut them is just plain idiotic. I don’t understand it."

41st Anniversary Special: The perils of privatization

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Click here for Amanda Witherell’s exclusive interview with Columbia professor Elliott Sclar

› amanda@sfbg.com

Over the past few weeks almost every major news outlet in the country has reported on Blackwater, a private company the US government hired to do work in Iraq that was once the exclusive province of soldiers.

The deal hasn’t gone so well: on Sept. 16, Blackwater guards opened fire and, according to the Iraqi government, shot 25 civilians. The incident set off an international furor and has brought into focus the breadth of the company’s work for the US government. It’s prompted an investigation by the House Committee on Oversight and Government Reform, which showed that since 2001, Blackwater’s federal contracts have increased 80,000 percent. It’s revealed the massive pay inequalities between private security guards and US soldiers — the cost of one private guard could pay the salaries of six soldiers.

And it’s raised a question that’s critical to understanding how government increasingly works in the United States: should a private company be doing the work of the military?

Privatization of public services is all the rage in this country now, at all levels of government, from Washington DC to San Francisco. Supporters say the private sector can often work better and more efficiently than the old, bureaucratic, much-maligned government.

But Blackwater is a great example of the perils of privatization. And there are many more.

STARVE THE BEAST


Over the past few decades governments at all levels in this country have been in a near-perpetual state of deficit. Taxes are way down from their historic post–World War II levels, and except for a brief period during the tech boom, there is rarely enough money for even basic social services.

"It’s been a strategy since the ’70s to, as Grover Norquist calls it, ‘starve the beast,’<0x2009>" Robert Haaland, an organizer with Service Employees International Union Local 1021, told us.

And because politicians, even Democrats, are terrified of tax hikes, they’ve been looking for more efficient ways to use the money they have. The magic bullet goes by many names — privatization, public-private partnerships, competitive outsourcing, creative financing solutions — but the basic idea is to allow the power of competition, set free in an unregulated market, to provide the public with the best services at the lowest cost.

"To do or to buy is the question that all governments face," says Ken Jacobs, director of UC Berkeley’s Labor Center.

We’ve been buying. Since 2000, outsourcing of federal dollars has increased 100 percent, to $422 billion in taxpayer funds in 2006, according to a September study by the Washington DC US Public Interest Research Group. The US government is now the private sector’s largest customer.

San Francisco may be known as one of the most progressive cities in the country, but this town has also been wooed by public-private partnerships with promises of improvements to the golf courses, construction of a new power plant, and funding for the many civic needs we have.

PRIVATIZE MUNI?


Cheerleaders for privatization look at someone like Nathaniel Ford, executive director of San Francisco’s Metropolitan Transit Authority, and see everything that’s wrong with the public sector. Ford’s salary is nearly $300,000, plenty high enough to attract a talented leader. But the Muni system he runs keeps the average San Franciscan waiting on the corner in the morning, delivers that person to work at an unpredictable hour, and lurches them homeward every night aboard a standing-room-only bus. Nobody thinks Muni is performing well.

That makes the case for privatization seem almost appealing.

"The public has been schooled to think that government is the problem, not the solution," Elliott Sclar, professor of economics at Columbia University, told us. In his 2000 book on privatization, You Don’t Always Get What You Pay For: The Economics of Privatization (Cornell University), he writes, "American folk wisdom holds that, by and large, public service is uncaring, unbending, bureaucratic, and expensive, whereas competitively supplied private services such as FedEx are efficient and responsive."

Competition, the privatizers say, drives innovation. Less red tape means more efficiency. A lack of unions and collective bargaining agreements translates to lower labor costs. Large-scale multinational operations can reduce redundancy and streamline their processes — all of which adds up to a lean-running machine.

But this country has a lot of experience with privatization, and the record isn’t good.

One hundred years ago private companies did a lot of what we now call government work. "Contracting out was the way American cities carried out their governmental business ever since they grew beyond their small village beginnings," writes Moshe Adler, a Columbia professor of economics, in his 1999 paper The Origins of Governmental Production: Cleaning the Streets of New York by Contract During the 19th Century. At one time private companies provided firefighting, trash collection, and water supplies, to name just a few essential services.

But according to Adler, "By the end of the 19th century contracting out was a mature system that was already as good as it could possibly be. And it was precisely then that governmental production came to America. The realization that every possible improvement to contracting out had been tried led city after city to declare its failure."

For example, the 1906 earthquake and subsequent fires in San Francisco were what prodded the city to municipalize water service after the company charged with the task, Spring Valley Water, failed to deliver while the fires raged.

In Philadelphia as well as San Francisco, the business of firefighting was once very lucrative — for both the firefighting companies and the arsonists who were paid to set fires for the former to fight. And corruption was rampant. "Large amounts of public contracting out historically created lots of opportunities for fraud and nepotism," Jacobs said.

So public agencies stepped in to provide basic services as cheaply and uniformly as possible. Towns and cities took on the tasks of security with police and firefighting, education with schools and libraries, and sanitation with trash collection and wastewater treatment. Nationally, the federal government improved roads and transit, enacted Social Security benefits, and established a National Park System, among many other things.

And then, about 30 years ago, the pendulum started to swing the other way. Driven by University of Chicago economist Milton Friedman, enacted in a massive policy shift by Ronald Reagan, proliferated by Grover Norquist and the neocon agenda, and fully appreciated by corporations and private companies, privatization came back.

In Reagan’s first term, he cut taxes 25 percent overall; the rich got a 40 percent cut. Domestic spending fell by half a trillion dollars in the 1980s, although any savings were countered by a rise in the defense budget.

Harvard economist Lawrence Summers, quoted in Looking Back on the Reagan Presidency (Johns Hopkins University), put it this way: "The Reagan budgets will influence the government for the rest of this century. Just as the Great Society left an imprint of Federal commitment to help the indigent and equality of opportunity, the Reagan budget deficits will leave an imprint of non-involvement."

Such a massive realignment of money coupled with tax breaks too politically painful to reinstate led to a boom in the outsourcing of public services. Private companies began doing more municipal work, while nonprofit organizations tried to fill the gaps in funding for social services, welfare, housing, health care, and the environment.

The George W. Bush era has seen even more overt outsourcing. These days no-bid contracts are preferred, and at times government services are completely turned over to the private sector in "direct conversions," and the public agency that once did the job is not allowed to compete to keep it. The Washington Post recently reported that no-bid government contracts have tripled in the past six years.

This doesn’t really sound like the competitive free market espoused by the theory of privatization.

FLUNKING THE TEST


To field-test the primacy of privatization, the Reagan administration sponsored a transportation experiment in the early ’80s: Miami’s Metro-Dade Transit Agency got to compete against Greyhound. The two providers were each given five comparable transit routes to manage over three years, and 80 new buses were bought with a $7.5 million grant from the federal government.

After 18 months 30 of the Greyhound buses were so badly damaged that they had to be permanently pulled from service. Passenger complaints on the Greyhound line were up 100 percent, and ridership was down 31 percent over the course of a year.

Why? There was no incentive in Greyhound’s contract to maintain the equipment or retain riders. The company’s only goal was to deliver the cheapest service possible.

The Miami transit contract could have contained clauses calling for regular inspections or guaranteed ridership, but that would have significantly increased the cost of the work — perhaps to the point where it would have been competitive with what the city provided.

That’s an important lesson in privatization politics: when you add the cost of adequately protecting the public’s interest and monitoring contract compliance, the private sector doesn’t look so efficient.

Which is why many say privatization only succeeds as a theory — and why, for all the problems with Muni, no private company is likely to be able to do a better job.

"Market fundamentalists present an idealized, simpleminded notion of competitive markets in which buyers and sellers have equal knowledge," Sclar told us. "Anyone can be a buyer, anyone can be a seller, everyone can evaluate the quality of the good. In this never-never land, that’s often the way the case is made for privatization by this particular group of economists."

In the real world a number of issues arise when a service goes private. "Accountability gets to be a really big problem," Ellen Dannin, professor of law at Penn State University, said in an interview. "There are predictions about how much money will get saved through privatization, but no one ever goes back to check."

The September study by the US Public Interest Research Group profiled several companies that do government work, including Bank of America, LexisNexis, ChoicePoint, KBR (formerly Kellogg, Brown, and Root), General Electric, and Raytheon, and found instances of illegal behavior in all cases. There were often massive errors in the companies’ work.

Bank of America and LexisNexis had security breaches compromising the data of at least 1.5 million customers they were handling for the government. ChoicePoint allowed identity-theft scams amounting to more than $1 million in fraud. KBR overcharged the government millions of dollars for work in Iraq and Kuwait. GE made defective helicopter blades for the US military. Raytheon failed to fully test the systems of new aircraft. These companies are all still employed by the government.

When companies take over services that aren’t typically part of a competitive market, all sorts of unexpected problems occur. Jacobs points to the rash of contracting for busing services in cash-strapped school districts. Not only did costs eventually rise in many places, but when schools tried to go back to providing their own service, the skilled drivers who knew the routes, knew the kids, and were able to do much more than drive a bus were gone.

Sclar and Dannin agree that any service that lacks competition should be public. Sclar presented the example of electricity. "It’s a natural monopoly," he said. "Essentially it’s either going to be a well-regulated industry or it’s got to be done publicly."

Corporations exist to make money. And although graft, mismanagement, and scandal have always been present in City Halls around the country, in the end the legislative, judicial, and executive branches were not designed to generate profits. That alone means contracting out is financially dubious.

Hiring mercenaries is a classic example. "It costs the US government a lot more to hire contract employees as security guards in Iraq than to use American troops," Walter Pincus wrote in an Oct. 1 article in the Washington Post. "It comes down to the simple business equation of every transaction requiring a profit."

As Pincus details one of the many contracts between the security firm and the US, "Blackwater was a subcontractor to Regency, which was a subcontractor to another company, ESS, which was a subcontractor to Halliburton’s KBR subsidiary, the prime contractor for the Pentagon — and each company along the way was in the business to make a profit."

Blackwater charged Regency between $815 and $1,075 per day per security operative. Regency turned around and charged ESS a slightly higher average of $1,100. After that, the costs dissolve into the enormous bill that KBR regularly hands the federal government.

When the US Army is paying the bill the costs are far lower. An unmarried sergeant earns less than $100 a day. If you’re married, it’s less than $200. If you’re Gen. David H. Petraeus, it’s about $500 — less than Blackwater’s lowest-paid workers.

Very little about the Blackwater contracts would be known by anyone outside the company if it weren’t for the federal investigation, since private businesses are not subject to the same public-records laws as the federal government. They don’t have to open their books or publicize the details of their bids and contracts, and they often fiercely lobby against any regulations requiring this, which leaves the door wide open for corruption — which is what brought sunshine laws to government in the first place.

Sclar said that when it’s a good call to contract out, corporations, private companies, and nonprofits should be required to abide by public-records laws in addition to adhering to a five-year wait for employees departing the public sector for the private. "I think transparency should always be the goal," he said. "As much information as possible." If a company doesn’t want to make its records public, he told us, "[it shouldn’t] go after public work."

THE AIDS LESSON


Privatization comes in many forms and emerges for what often seem like good reasons.

In the early 1980s gay men in San Francisco were starting to get sick and die in large numbers — and the federal government didn’t care. There was no government agency addressing the AIDS crisis and almost no government funding. So the community came together and created a network of nonprofits that funded services, education, and research.

"The AIDS Foundation was founded in response to the epidemic at a time when there wasn’t a response from the federal government," Jeff Sheehy of the AIDS Research Center at UC San Francisco told us.

At first, activists all over the country praised the San Francisco model of AIDS services. Over time the nonprofits began to get government grants and contracts. But by the 1990s some realized that the nonprofit network was utterly lacking in public accountability. The same activists who had helped create the network had to struggle to get the organizations to hold public meetings, make records public, and answer community concerns.

That, Sheehy said, shouldn’t have come as a surprise.

"There isn’t that same degree of accountability that you would have" with the public sector, he told us. "SF General is not going to turn you away at the emergency room, but nonprofit hospitals are less and less interested in running ERs."

Sheehy said he’s seen cases where difficult clients have been banned from accessing help from nonprofits. Unlike at public institutions, "the burden is not on the agency to provide the service. It is with the client to get along with the agency," he said.

Sheehy outlines other issues: nonprofits run lean and are more apt to make cuts and resist unionization, which means workers are often paid less, there can be higher turnover, and upper management is often tasked with fundraising and grant writing and distanced from the fundamental work of the group. There’s no access to records or board meetings. "If service takes a sudden downward shift, what can you do?" Sheehy asks. "You can’t go to board meetings. You can’t access records. What’s your redress?"

And that perpetuates the problem of government not stepping up to the plate. More than half of the social services in San Francisco are run by nonprofits, a trend that isn’t abating.

"When the services are shifted from the public sector to the nonprofit sector," Sheehy said, "that capacity is lost forever from government."

THE LOTTERY TICKET


When Dannin teaches her students about privatization, she uses the analogy of personal finance. "If I find my income does not meet my expenses, I can cut my expenses, but there are certain things I have to have," she said. To meet those needs a person can get a second job. In the case of the government, it can raise taxes.

But "that is not an option governments see anymore," she told us. "So the third option is to buy a lottery ticket — and that’s what privatization is."

When a publicly owned road is leased for 99 years to a private company, the politician who cut the deal gets a huge chunk of cash up front to balance the local budget or meet another need. When the new owner of the road puts in a tollbooth to recoup costs, that’s the tax the politician, who may be long gone, refused to impose. What option does the voting driver have now?

Public goods, from which everyone presumably benefits, are frequently and easily falling out of the hands of government and into the hands of profit-driven companies. In New Orleans, charter schools have replaced all but four public schools. In about 15 municipalities public libraries are now managed by the privately owned Library Systems and Services. (In Jackson County, Ore., it’s being done for half the cost, but with half the staff and open half the hours.) At least 21 states are considering public-private partnerships to finance massive improvements to aging roads and bridges. User fees have increased in the national parks as rangers have been laid off and some of the work of park interpretation is picked up by private companies, as is the case with Alcatraz Island.

Dannin also asks her students to consider who really owns a job. The easy answer is the employer. "But there is another claimant of ownership of that job," she says. "That is the public. Employers depend on roads for their employees to drive to work, a public education system to train their workers. They depend on housing, police, the court system, the system of laws. That is a huge amount of infrastructure we tend not to think about.

"We live within an ecosystem. We’re having a hard time seeing that ecosystem, that infrastructure that we’re all in. That’s what your taxes pay for."

41st Anniversary Special: Blast from the past

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33 YEARS AGO (OCTOBER 5, 1974)


Dianne Feinstein takes off her gloves

By Katy Butler


White gloves still haunt Dianne Feinstein’s political life. She has been wearing them ever since she first went to dancing class, and fellow politicians have accused her of refusing to take them off for politics. Her old political allies bring up the image again and again: those little white gloves seem to crystallize their irritation with her Pacific Heights femininity, the world of the Junior League, the chauffeur and the Goody Two Shoes approach to politics. In 1971 during her disastrous campaign for Mayor, she did her best to reach beyond her background. She promised a Hunters Point crowd she’d never shuck or jive. But she was still wearing those little white gloves.

The white gloves are off now. Feinstein learned from her 1971 defeat and she doesn’t want to lose this time around. She is jostling with state senators Milton Marks and George Moscone for first place at the starting gate in next year’s Mayor’s race, and she is no longer a political dilettante operating on intuition and integrity.

The new Dianne Feinstein is a canny political animal, assiduously cultivating the "homeowner vote" in the foggy reaches of the Avenues while nursing along her original liberal constituency. "She’s dropped the Goody Two Shoes act and she’s willing to play hardball politics," one of her fellow supervisors says admiringly. "She’s moving toward the center and she’s getting very good advice."

"How can you be for the vice squad, for police helicopters, against nude shows and for gay rights?" asks Harvey Milk, a gay former candidate for supervisor. "It doesn’t add up."

31 YEARS AGO (OCTOBER 8, 1976)


Staggering with Bukowski

By William Graham


The beer, the day, whatever the reason, [poet Charles] Bukowski is not reading well — with little enthusiasm, little animation, little inflection in his voice, save the long drawl on certain words. He rarely looks up from his script while reading, as if he hasn’t seen the poems before. Hunched over, his glasses reflect the two spotlights and act as mirrors, blocking the audience from his eyes. At his best he is poetical, distant. At his worst, he is an old man reading the news. And finally the warning, "This is going to be my next-to-last poem." A few say "No, no." Bukowski asks, "Are there any questions?" Again, mixed shoutings answer, a few voices mimic animals, and far from the rear, the high nasal voice says "Bullshit". Bukowski replies, "Lay off that cheeeeeep, rot-gut wine or you’re not going to live a weeeeeeek. If the wine doesn’t get youuuuuuu, I might." The crowd likes this. Shifting gears, the poet says, "Any young girls want my phone number — try Joe Wolberg." Several replies follow, many sound dubious, and the poet says, "Okay, Babe-A."

31 YEARS AGO (OCTOBER 8, 1976)


EVEN COWGIRLS GET THE BLUES. By Tom Robbins. Houghton-Mifflin, $4.95.

Reviewed by Don McClelland


Tragedy ensues but is softened by the cosmic good humor that shines throughout the book. For this world and its languages, Robbins shows an infectious love that is constantly leading him into literary excesses guaranteed to get him hanged in more proper circles. Didactic, discursive, anthropomorphic, loaded with enough outrageous similes to send a basketful to each poet in the American Academy, Even Cowgirls Get the Blues operates on the refreshing premise that the whole world is alive. This book will make you laugh out loud in the elevator. This book should have champagne and tears spilled on it. This book is Cervantes born again. Thank you, Tom Robbins.

31 YEARS AGO (OCTOBER 29, 1976)


The Film Festival

By Robert Di Matteo


The 20th Annual San Francisco International Film Festival, which was held at the Palace of Fine Arts Oct. 13-24, was another one of those Sacred Monster affairs that exist above and beyond almost anything that can be said about them.

For me, there was the added excitement this year of the Guardian‘s Banned-from-the-Festival status (see Guardian 10/8, 10/22/76). Because of our reporting on the Film Festival last year, the Guardian was not allowed to attend this year’s event on the same basis as the 98 acceptable representatives from the press. But we went ahead and bough some tickets on the sly, and on the nights of the showings I slunk in to take my place in the audience, glancing furtively around to make sure I hadn’t been spotted. As something of a natural-born outsider, I found the role of a party crasher to fit like a glove.

Still, my perspective on the festival has not really changed. I doubt that I could ever really resolve my attitudes about culture to fit the festival’s concept of Culture. Movies are still just movies to me, and charging an extra dollar to see them does not alter that fact.

26 YEARS AGO (NOV. 4, 1981)


From the personal ads:

Plug Me In

Says my refrigerator. Very attractive lesbian who lacks only cooking skills would like sympathetic Jewish woman to offer either her knowledge of the art or dinner for the rest of my life. Write P.O. Box 11528 SF CA 94101

Wanted: Wife

Long hours, no pay. For a good-looking San Francisco man, 29. Qualifications: must be beautiful, intelligent, easygoing. No experience necessary. Please, no Republicans.


WM, 38, angry, depressed, timid, gentle, understanding seeks similarly minded F with whom to wait for Godot and/or etc.

My Marriage Was No Fun

Finally my wife and I figured out that we would be happier if we weren’t together. Since then, I have discovered freedom, but it hasn’t been in single bars. It has been squeezing the toothpaste any way I please, or being able to change plans at the last minute. I am 44, nice-looking, secure, and I would be interested in meeting a woman, younger or older, who would like to share her freedom with me.

I am an R.C. priest who takes his religious calling very seriously. But God also made me a man. I have thought about leaving the Church, but feel that that would be very wrong. God didn’t create us to live half lives, He will understand. While I’m sexually inexperienced, I am attractive, accomplished and sincere. Obviously discretion is a must.

Women Are Taught to Say "No"

This one is happy, bright, and attractive, and she is ready to begin saying "Yes." Now, what are the questions?

Show of hands for Halloween Porta Potties

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CItizens for Halloween report that at the Police Commission hearing, Martha Cohen, who is coordinating Halloween for the Mayor’s Office, indicated that the City might be willing to reconsider its decision to forbid portable toilets this year.

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If you would like toilets placed in the Castro on Halloween, C4H urges you to contact the Mayor’s office:
Call 415.554. 6141 or email martha.cohen@sfgov.org.

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Because a girl, boy, sheman or faux queen never can have too many places to go? Right?

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