Ross Mirkarimi

Supervisors make the Chamber of Commerce happy

7

You want a sense of what’s happened to politics at City Hall? Here you go: the San Francisco Chamber of Commerce is thrilled.


The Chamber just released its 2011 voting scorecard on the Board of Supervisors (which it calls the “Paychecks and Pink Slips Scorecard,” as if most of the stuff the Chamber supports had anything to do with actual job creation), and guess what? The board is more pro-downtown than it has been in a while:


The 2011 year-end scorecard reveals marked improvement in city’s efforts to create jobs and grow the economy. Overall, the Board of Supervisors received a score of 82 percent (equivalent to a B – grade), up from 60 percent (or a D – grade) in 2010. Individual rankings also improved, with five supervisors increasing their scores by at least 15 percent since last year. In 2011, a solid majority of supervisors voted in favor of jobs, the economy and government efficiency more than 75 percent of the time.


The top performer: Sup. Scott Wiener, who voted with the Chamber 88 percent of the time. Second best: Supervisor David Chiu (82%). The worst (or best, depending how you see downtown’s agenda of low taxes, reduced public services and minimual regulations) was Sup. John Avalos, who scored 56%.


The reality is that some of the Chamber’s key votes were relatively noncontroversial things that everone on the board supported — for example, a law sponsored by Sups. Ross Mirkarimi, Eric Mar, David Campos and Wiener making it easier for small cafes and restaurants to host live music and a measure restricting restaurant waste, both of which passed unanimously. There were some votes where nearly everyone opposed the Chamber — the cell phone disclosure requirements and the ban on yellow pages. And on a couple of them, even Chamber darlings Sean Elsbernd and Mark Farrell were on the wrong side — they voted against a tax exclusion for stock options because they wanted even greater tax reductions.


But on the key votes, you can see where the majority of the board lies: Six, sometimes seven votes with downtown, five, sometimes four with the rest of us. Not exactly a progressive majority. 

Sheriff Mirkarimi charged with domestic violence

338

Sheriff Ross Mirkarimi has been charged with three misdemeanors in connection with an alleged domestic violence incident against his wife, Eliana Lopez, on New Year’s Eve, District Attorney George Gascón announced this afternoon. Gascón said a restraining order has been issued that bars Mirkarimi from contacting his wife and child and that bail has been set at $35,000, although he was unaware whether Mirkarimi had been booked yet.

Mirkarimi is being charged with one misdemeanor each of domestic violence battery, child endangerment, and dissuading a witness from testifying. Gascón said their young son, Theo, was present during the incident. Lopez has refused to speak with investigators, but she has publicly denied that her husband has ever abused her.

Mirkarimi has maintained his innocence, as he did again with Lopez by his side during a City Hall press conference held simultaneously with Gascón’s press conference at the Hall of Justice. “We believe that these charges are very unfounded and we will fight those charges. I’m confident in the end that we will succeed,” Mirkarimi said, according to the San Francisco Chronicle. It was unclear whether the appearance with Lopez violated the restraining order.

Gascón confirmed press reports that Lopez had communicated via text message about the incident with the neighbor who ultimately contacted police – although he refused to disclose or characterize the contents of the communications – and that there was a photo taken of an injury to Lopez’s arm. He also said there are indications that this was not an isolated incident and the investigation is continuing. “We have heard there have been other instances,” Gascón said.

The fact that the charges were misdemeanors wouldn’t require Mirkarimi’s removal from the office he assumed just last weekend if he’s convicted, but he has already been required to relinquish any weapons, including his service revolver. He faces a year in jail and three years probation on the charges.

“While we do not relish having to bring charges against a San Francisco elected official, I have taken an oath to uphold the laws of the state of California and as the chief law enforcement officer for the city and county of San Francisco it is my solemn duty to bring criminal charges when the evidence supports such action. No one is above the law,” Gascón said. “Whether this was the elected Sheriff or any other San Francisco resident, this type of behavior is inexcusable, criminal, and will be prosecuted.”

Gascón also said that while Lopez has refused to cooperate, he believes there is ample evidence to bring charges. “A case is always stronger if the victim is willing to testify. However, it is very common for victims to be uncooperative in domestic violence cases,” Gascón said, noting that his office filed 771 domestic violence cases last year. He also said, “Regardless of whether the victim supports a prosecution, it is the state’s and my office’s obligation to ensure the safety of the victim.”

Guardian editorial: Mixed report on Mayor Lee

21

EDITORIAL Mayor Ed Lee’s first big decision — the appointment of a District 5 supervisor — demonstrated something very positive:

The mayor knows that he can’t do what his predecessor did and ignore and dismiss the progressive community.

His inauguration speech demonstrated something else: That he has no intention of being a mayor who takes on and defies the interests of downtown.

Part of the reason Gavin Newsom was a failure as mayor is that he was constantly at war with the left. He ran the city as if his was the only way, as if there were no good ideas coming out of anywhere except his office — and as if anyone who disgreed with or voted against him was his enemy.

That didn’t work, and it doesn’t seem to be Lee’s style. He was under pressure to appoint a supervisor who would go along with him on key votes, but he also knew that a moderate or a lackey would deeply offend the voters in D5, who supported John Avalos for mayor and remain among the most progressive voters in the city. The choice of Christina Olague shows a willingless to accept that progressives play a significant role in San Francisco politics. (It also shows that he is better than any mayor in recent memory at keeping a secret — nobody outside of his inner circle had any idea who his choice was until he announced it Jan 9.)

Olague was, overall, an excellent planning commissioner, and has the potential to be an excellent supervisor. But she will need to make clear from the start that she is representing the district, not the person who gave her the job. Because on some of the key issues that will come before the board this spring, her constituents are well to the left of the mayor. If she can’t vote against his wishes, she’ll have trouble in November.

Olague also needs to be sure that some of the issues her predecessor, Sheriff Ross Mirkarimi, championed (public power and community policing, for example) don’t fall by the wayside. Her expertise in land use issues should be helpful as the board wrangles with waterfront development, affordable housing and the giant California Pacific Medical Center hospital project.

Lee’s inaugural speech was mostly a typical political speech for a new mayor, but it contained a nugget that’s worthy of note. He proclaimed that San Francisco should be a “city of the 100 percent,” a takeoff on the Occupy movement’s 99 percent slogan. And while that’s mostly rhetoric, it’s also a sign that the former housing activist is not going to be a mayor who wants to make a legacy of challenging the economic and political powers of San Francisco.

Working together is fine — but there are a small number of very wealthy and powerful people who have interests that are utterly opposed to the interests of the rest of us. Economic injustice is every bit as real in this city as it is elsewhere in the country — and that’s something the mayor didn’t even mention or acknowledge. Pacific Gas and Electric Co., the big real-estate developers, the landlords out at ParkMerced, the Chamber of Commerce,  and the Board of Realtors … they don’t want to work together. They want their way.

So it’s a mixed report for Mayor Lee — and over the next few months, he’s going to have to realize that everyone in the city can’t and shouldn’t work together, that there are battles where politicians have to take sides, and that all of us will be watching very closely to see where he draws the line.

BREAKING: Lee appointing Olague to D5 seat

20

Sources say Mayor Ed Lee will appoint Christina Olague, the Planning Commission president and longtime progressive, to the District 5 seat on the Board of Supervisors that was vacated by Sheriff Ross Mirkarimi. Formal announcement set for 10 am. More after the ceremony.

UPDATE 11:30 AM: Lee announced his decision and administered the oath of office to Olague this morning at City Hall before a large crowd of mostly progressive political activists who said they were pleasantly surprised to see one of their own get the nod, taking it as a positive gesture from a moderate mayor who has pledged to work with all sides.

In their remarks, both Lee and Olague talked about the need to get past political labels and stressed her detailed knowledge of planning and land use issues, which they hope will help with Lee’s main focus on job creation.

“This is not about counting votes, it’s about what’s best for San Francisco and her district,” Lee said. Olague echoed the sentiment: “I think this is an incredible time for our city and a time when we are coming together and moving past old political pigeonholes.”

She pledged to get right to work on pressing issues facing the city and with winning the “respect and trust” of voters in District 5, one of the city’s most progressive.

We’ll have more analysis and reaction to this appointment and Lee’s inaugural address yesterday in this week’s Guardian.

Mirkarimi takes the oath

181

The room was packed for the inauguration of Sheriff Ross Mirkarimi, and for the most part, the crowd wasn’t talking about what Mirkarimi referred to as the “cloud” hanging over the event. He mentioned the investigation into possible domestic violence only that once, then joked that he’d managed to get a lot of press to his event.


There was music, dancing, former Mayor Art Agnos administering the oath of office, a long, long Mirkarimi speech on criminal justice policy (please, Ross, 15 minutes would have been plenty). Most of Mirkarimi’s progressive colleagues (including supervisors John Avalos, David Campos, Jane Kim, and Eric Mar, state Sen. Mark Leno and Assemblymember Tom Ammiano) were on hand. And the press conference afterward was surprisingly mild.


Mirkarimi was asked what happened the night in question, and he declined to talk about it, saying the criminal justice system would work its way through the process. Then his wife, Eliana Lopez, interrupted, took the mike, and announced that this was a “family matter” and she would have no more to say – except that she has no complaints about her husband.


That was it. No shouted questions as the sheriff walked away, no 1000-watt camera flashes in his eyes, nothing to indicate that this is the gigantic scandal that it’s become in the daily papers.


But Mirkarimi did make one statement that’s worth mentioning: He said that there were forces in the department (I think he meant the Police Department) that didn’t want to see him as sheriff. That’s absolutely true.


Let me make a few points here.


First, for the record: There’s no excuse for assaulting anyone, and there’s less excuse for assaulting your wife. Domestic violence is a serious, under-reported problem, something all too often dismissed by the authorities – with catastrophic results. Women die because batterers are not held to account. I have close friends who have been in abusive relationships, and it’s not pretty and it’s not a joke and it’s not something to take lightly.


That said: I don’t know what happened that night at Mirkarimi’s house. But I do know that the minute the cops were brought in, it became political.


See, the cops, for the most part, are not Mirkarimi fans. He beat their guy, former Police Officers Association president Chris Cunnie, in the race for sheriff. He’s demanded changes in the department (including foot patrols, which a lot of old-timers don’t like). He also beat a sheriff’s captain. He’s a civilian who is going to run a law-enforcement agency as a civilian, which means he’s not part of the Fraternity.


The news reports about the incident were clearly leaked by the SFPD. So, I’m sure, was the search warrant (that’s a public document, but I honestly don’t think the Examiner tracked it down, I think it was delivered to the paper by a source in the department). Nothing wrong with that – cops (and politicians) tip reporters to stories all the time. I’m not blaming the Chron or the Ex for doing the story – it’s news, you have to report it.


And, of course, if the cops had ignored the case or downplayed it, they would have been criticized for covering up an incident involving the new sheriff.


Again: I’m not excusing Mirkarimi’s behavior (alleged behavior — we don’t know what actually happened). But the way the story and the details were leaked reflects the political reality that the cops don’t love the new sheriff, and a lot of them would be thrilled to take him down. That’s just political reality.


Which means Mirkarimi needs to be very, very careful – there are people watching every single move he makes, every day. And they’re not interested in policy debates.


PS: The D.A. and the cops managed to finish this particular investigation in record time. I wonder what’s happened to the investigation into possible vote fraud in the Ed Lee campaign. Months have passed. Nobody is facing any charges. There are no police leaks about anyone involved. Funny, that.

Ed Lee and District 5

12

It’s all gossip at this point because if anybody other than Ed Lee knows who Ed Lee is going to appoint to the District 5 seat, that person isn’t talking. It’s no surprise the Chuck Nevius, who really loves Mayor Ed, thinks it’s just fine and dandy that he’s taking his sweet time to name a replacement for Ross Mirkarimi, but a some people who live in the district aren’t so happy.

Here’s the thing: The new supervisor will hav to be appointed and take office pretty soon, since Mirkarimi is officially sworn in as sheriff Jan. 8, and so is effectively already off the Board of Supervisors. Either Lee makes his choice by Jan. 10, the next board meeting, or the supes will meet one member short — and the district will have no representation.

Not the end of the world, of course, but: No matter when Lee pulls the string now, the new person will have to hire a staff, make connections across the district, get up to speed on the issues and move into a difficult and complicated job without any transition time at all. No time for preparation, no time to meet with Mirkarimi or his staff to figure out what’s going on — nothing.

If Lee had made his choice a few weeks ago, that person could have been doing what Mirkarimi has been doing in the sheriff’s office — meeting with the outgoing office holder, going to briefings, assembling a team etc.

So Lee’s indecision isn’t just bad for the district; it’s bad for the person he appoints.

Oh, and by the way: Nevius has part of his analysis a little wrong. He claims that

The Guardian, the progressive playbook, has already made its pitch, twice writing that Planning Commission President Christina Olague would be acceptable.

Actually, we haven’t endorsed or promoted anyone for the job (and that’s probably just as well, since anyone I suggest will never get the mayor’s support). We did run an opinion piece by Gabriel Haaland saying that Olague would be acceptable to him. All we’ve done is described the profile we’d like to see:

It’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

Either way, it’s time for Lee to make a decision.

Police foot patrols help with crime drop in SF

6

The Mayor’s Office and San Francisco Police Department this morning sent out a press release announcing a decrease in violent crime in 2011, citing a number of factors for the drop but failing to mention an important and once-controversial one: increased police foot patrols.

But Police Chief Greg Suhr told us that foot patrols are a big part of the community policing techniques – and “community policing” was indeed mentioned in the release – responsible for the drop.

“They’re big. When we talk about increasing community involvement, that definitely includes foot patrols,” Suhr told the Guardian, explaining his policy of having a visible police presence in high-crime corridors like mid-Market, 3rd and Palou streets, and parts of the Mission District. “People should always see a cop on foot or on a bike in some places.”

For a long time, the SFPD resisted getting cops out of their cars and onto the streets – even in the first couple years of then-Mayor Gavin Newsom’s tenure, when the city had almost twice the 50 murders it experienced each of the last two years — until it became a pitched political battle in the city.

Sup. Ross Mirkarimi and other progressives on the Board of Supervisors and the Police Commission locked horns with Newsom and then-Police Chief Heather Fong over the issue in 2010. After Newsom vetoed legislation to require foot patrols, Mirkarimi and Sup. David Campos co-authored a ballot measure requiring them, Measure M, which was narrowly defeated after SFPD began to implement them on its own.

“I believe that any analysis will eventually show – and they should really do this study – that community policing and foot patrols have a lot to do with this drop,” Campos, a former Police Commissioner, told us. “Community policing and foot patrols are the most pro-active way to reduce crime in any given neighborhood.”

Suhr agrees, something that Campos recognizes and praises the new chief for, saying he’s much better than his predecessors on the issue. “Chief Suhr has been very supportive of community policing,” Campos said. “He’s been very good about working with us to make it happen.”

Suhr said that the department needs to have enough personnel in the stations to take calls, do investigations, and otherwise process information. “Everyone else should be on the street trying to get in front of this stuff,” he told us.

He does still defend the department’s opposition to Prop. M, noting that it would have micromanaged SFPD in a way that he didn’t think was appropriate. But he’s also a true believer in foot beats and other community policing techniques, and he said things are better today than “years ago, when there wasn’t as much open communication as there is now.”

As for the Mayor’s Office and its failure to give credit directly to foot patrols, Press Secretary Christine Falvey told us, “Foot Patrols, the Ambassador Program and other efforts are all critical pieces of Community Policing, which is referenced as part of the success we have seen in getting the crime rate down in San Francisco.”

Her office’s press release follows:

MAYOR LEE & CHIEF SUHR ANNOUNCE SAN FRANCISCO’S CONTINUED HISTORIC CRIME RATE DROP
Year End Statistics Show Continued Historic Lows for Homicides & Violent Crime Rates Overall Since 1960s

San Francisco, CA— Today Mayor Edwin M. Lee and Police Chief Greg Suhr released the year end crime statistics showing continued historic low crime trends for the City. Mayor Lee and Chief Suhr announced that 2011 violent crime rates in San Francisco are down 6 percent from last year.

“Violent crime in San Francisco remains at historic lows because of stronger community partnerships, targeted approaches to violent crime and aggressive crime prevention strategies,” said Mayor Lee. “Despite some tough economic times, Chief Suhr and the San Francisco Police Department are working to make our City the safest big city in the United States through the best use of 21st century technology, strategic deployment of police resources, the use of innovative crime fighting strategies and successful partnerships with our diverse communities and neighborhoods.”

Homicides were at their second lowest annual rate of any year in San Francisco since the 1960s again in 2011.

In 2011, total violent crime in San Francisco was down six percent from 2010 and shows a reduction of 18 percent compared to 2008:
·        Homicide showed no statistical change; there were 50 homicides in both 2011 and 2010;
·        Aggravated Assault is down nine percent in 2011 from 2010;
·        Robbery is down two percent in 2011 from 2010;
·        Rape is down 12 percent in 2011 from 2010; and
·        Burglary is down five percent in 2011 from 2010.

In 2011, total property crime in San Francisco was up three percent from 2010.

The SFPD continues to pursue innovative crime reduction strategies including a “task force style” response to all crimes of violence. Increased community policing efforts, improved approach in assisting those suffering from mental illness and those with limited English proficiency, town hall community meetings and the decentralization of traffic officers and Beach/Park Patrols for safer streets and neighborhoods are also critical to the reduction of crime in San Francisco. In addition, the formation of the new Special Victims Unit allows our City’s most vulnerable populations the compassion and consideration they deserve.

“The year end crime statistics are an indication to the people of San Francisco of how well the men and women of the San Francisco Police Department are serving this City,” said Chief Suhr. “Our goal is for San Francisco to be the safest big city in America, and the men and women of the SFPD in partnership with our communities are committed to this end. We will achieve this goal by reducing crime and the perception of crime through the use of innovative crime fighting strategies, accessing the best technology available, predictive policing, strategic planning, and working collaboratively with all those concerned. There is nothing we cannot achieve when we all work together for the common good.”

An open letter to Ed Lee

76

OPINION Dear Mr. Mayor,

During the next week you will be appointing the a supervisor for District 5, an area of the city that has been historically considered the most progressive part of one of the most progressive cities in the country. It will be a signature decision for you in the next year, and will reveal the tone of your administration. Will you be a consensus mayor — or will you carry on your predecessor’s fight with progressives?

You have many qualified choices, but there is probably only one on your list that a majority of progressives would consider a clear progressive choice: Christina Olague, president of the Planning Commission. There are some who have hesitations about her, but ironically those hesitations are based on her relationship to you and her support for your candidacy for mayor. I have to admit, as a supporter of progressive Supervisor John Avalos for mayor, I shared some disappointment that she didn’t support John.

I’m sure there’s intense pressure on you to choose a more moderate choice, and I’m sure there are from your perspective some valid points to that argument. That said, District 5 deserves progressive representation.

I am a Haight resident, and I ran for Supervisor in District 5 in 2004. Supervisor Ross Mirkarimi came in first, I came in second, and Lisa Feldstein came in third. Both Lisa and I have spoken repeatedly about whether we would run next year, and we have even discussed running as a slate. Most political analysts think one of us would have a decent shot at winning — but I think both of us would support Christina, assuming that her votes continue to reflect her commitment to the progressive values of the district.

Christina not only supported you, she also supported Mirkarimi in 2004, and Matt Gonzalez when he ran for supervisor in 2000. She was appointed to the Planning Commission by Gonzalez and has been reappointed repeatedly by progressive supervisors to that commission. While her votes have not been perfect, by and large, her record is excellent; she has never succumbed to pressure, has listened well to all sides, and has ultimately done what she thought was right.

For example, she stood up for tenants’ rights when the landlord from Park Merced came to the Planning Commission to ask that 1,500 apartments be demolished, all of which were subject to the city’s rent control ordinance. She recognized the flaws in the landlord’s argument that a side agreement (negotiated without the local tenant groups involved) would prevent rent hikes and evictions. Olague was on the right side of history on the Park Merced deal, and has a long record of building tenant and senior tenant power. That’s the kind of leadership we need for District 5, an area comprised of primarily renters. I believe Olague will be a supervisor tenants can trust.

I can’t guarantee that all progressives will stand down if Olague gets the seat. The ego game is what it is. You have learned that from politics, I’m sure. But I think most progressive institutions and progressive activists will see her appointment as a victory and will support her candidacy for Supervisor next fall, as they should if she shows that her votes reflect the trends and values of District 5.

With Christina Olague, you have a win-win. You appoint a supervisor who reflects the progressive values of the district and who is also electable in November. 

Gabriel Haaland is an elected member of the San Francisco Democratic County Central Committee and an LGBT labor and tenant activist.

City Hall’s 2012 agenda

16

EDITORIAL There’s so much on the to-do list for San Francisco in 2012 that it’s hard to know where to start. This is a city in serious trouble, with unstable finances, a severe housing crisis, increased poverty and extreme wealth, a shrinking middle class, crumbling and unreliable infrastructure, a transportation system that’s a mess, no coherent energy policy — and a history of political stalemate from mayors who have refused to work with progressives on the Board of Supervisors.

Now that Ed Lee has won a four-year term, he and the supervisors need to start taking on some of the major issues — and if the mayor wants to be successful, he needs to realize that he can’t be another Gavin Newsom, someone who is an obstacle to real reform.

Here are just a few of the things the mayor and the board should put on the agenda for 2012:

• Fill Sup. Ross Mirkarimi’s seat with an economic progressive. This will be one of the first and most telling moves of the new Lee administration — and it’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

• Make the local tax code more fair — and bring in some new revenue. Everybody’s talking about changing the payroll tax, which makes sense: Only a small fraction of city businesses even pay the tax (which is not a “job killer” but is far too limited). Sup. David Chiu had a good proposal last year that he abandoned; it called for a gross receipts tax combined with a commercial rent tax — a way to get big landlords and companies (like law firms) that pay no business tax at all to contribute their fair share. That’s a good starting point — but in the end, the city needs more money, and the new system should be set up to bring in at least $100 million more a year.

• Create a linkage between affordable and market-rate housing. This has to be one of the key priorities for the next year: San Francisco’s housing stock is way out of balance, and it’s getting worse. The city’s own General Plan mandates that 60 percent of all new housing should be available at below-market-rate prices; the best San Francisco ever gets from the developers of condos for the rich is 20 percent. The supervisors need to enact legislation tying the construction of new market-rate housing to an acceptable minimum level of affordable housing to keep the city from becoming a place where only the very rich can live.

• Demand a good community-benefits agreement from CPMC. The California Pacific Medical Center has a massive new hospital project planned for Van Ness Avenue — and so far, CPMC officials are refusing to provide the housing, transportation and public health mitigations that the city is asking for. This will be a key test of the new Lee administration — the mayor has to demonstrate that he’s willing to play hardball, and refuse to allow the project to move forward unless hospital officials reach agreement with community activists on an acceptable benefits agreement.

• Make CleanEnergySF work. A recent study by the website Energy Self-Reliant States shows that by 2017 — in just five years — the cost of solar energy in San Francisco will drop below the cost of Pacific Gas and Electric Company’s fossil-fuel and nuclear mix. So the city’s new electricity program, CleanEnergySF, needs to be planning now to build out both a large-scale solar infrastructure system and small-scale distributed generation facilities on residential and commercial roofs and set the agenda of offering clean, cheaper energy to everyone in the city. The money from the city’s generation can be used to purchase distribution facilities to phase out PG&E altogether.

• Don’t let Oracle Corp. take over even more of the waterfront. The America’s Cup continues to move forward — but at every step of the way, multibillionaire Oracle CEO Larry Ellison is trying to squeeze the city for more. Mayor Lee has to make it clear: We’ve given one of the richest people in the world vast amounts of valuable real estate already. He doesn’t need a giant TV screen in the Bay or more land swaps or more city benefits. Enough is enough.

There’s plenty more, but even completing part of this list would put the city on the right road forward. Happy new year.

Guardian editorial: City Hall’s 2012 agenda

20

EDITORIAL There’s so much on the to-do list for San Francisco in 2012 that it’s hard to know where to start. This is a city in serious trouble, with unstable finances, a severe housing crisis, increased poverty and extreme wealth, a shrinking middle class, crumbling and unreliable infrastructure, a transportation system that’s a mess, no coherent energy policy — and a history of political stalemate from mayors who have refused to work with progressives on the Board of Supervisors.

Now that Ed Lee has won a four-year term, he and the supervisors need to start taking on some of the major issues — and if the mayor wants to be successful, he needs to realize that he can’t be another Gavin Newsom, or Willie Brown, mayors who were an obstacle  to real reform.

Here are just a few of the things the mayor and the board should put on the agenda for 2012:

+Fill Sup. Ross Mirkarimi’s seat with an economic progressive. This will be one of the first and most telling moves of the new Lee administration — and it’s critical that the mayor appoint a District 5 supervisor who is a credible progressive, someone who supports higher taxes on the rich and better city services for the needy and is independent of Lee’s more dubious political allies.

+Make the local tax code more fair — and bring in some new revenue. Everybody’s talking about changing the payroll tax, which makes sense: Only a small fraction of city businesses even pay the tax (which is not a “job killer” but is far too limited). Sup. David Chiu had a good proposal last year that he abandoned; it called for a gross receipts tax combined with a commercial rent tax — a way to get big landlords and companies (like law firms) that pay no business tax at all to contribute their fair share. That’s a good starting point — but in the end, the city needs more money, and the new system should be set up to bring in at least $100 million more a year.

+Create a linkage between affordable and market-rate housing. This has to be one of the key priorities for the next year: San Francisco’s housing stock is way out of balance, and it getting worse. The city’s own General Plan mandates that 60 percent of all new housing should be available at below-market-rate prices; the best San Francisco ever gets from the developers of condos for the rich is 20 percent. The supervisors need to enact legislation tying the construction of new market-rate housing to an acceptable minimum level of affordable housing to keep the city from becoming a place where only the very rich can live.

+Demand a good community-benefits agreement from CPMC. The California Pacific Medical Center has a massive new hospital project planned for Van Ness Avenue — and so far, CPMC officials are refusing to provide the housing, transportation and public health mitigations that the city is asking for. This will be a key test of the new Lee administration — the mayor has to demonstrate that he’s willing to play hardball, and refuse to allow the project to move forward unless hospital officials reach agreement with community activists on an acceptable benefits agreement.

+Make CleanEnergySF work. A recent study by the website Energy Self-Reliant States shows that by 2017 — in just five years — the cost of solar energy in San Francisco will drop below the cost of Pacific Gas and Electric Company’s fossil-fuel and nuclear mix. So the city’s new electricity program, CleanEnergySF, needs to be planning now to build out both a large-scale solar infrastructure system and small-scale distributed generation facilities on residential and commercial roofs and set the agenda of offering clean, cheaper energy to everyone in the city. The money from the city’s generation can be used to purchase distribution facilities to phase out PG&E altogether.

+Don’t let Oracle Corp. take over even more of the waterfront. The America’s Cup continues to move forward — but at every step of the way, multibillionaire Oracle CEO Larry Ellison is trying to squeeze the city for more. Mayor Lee has to make it clear: We’ve given one of the richest people in the world vast amounts of valuable real estate already. He doesn’t need a giant TV screen in the Bay or more land swaps or more city benefits. Enough is enough.

There’s plenty more, but even completing part of this list would put the city on the right road forward. Happy new year.

 

 

The unlikely sheriff

1

Michael Hennessey has served as San Francisco’s sheriff for half of his life, the longest such career in California history — and by all accounts the most progressive. Since taking office in 1980, Hennessey has been an island of liberal enlightenment in a political climate and law enforcement culture where tough-talking conservatism has been ascendant.

Yet in that era, Hennessey pioneered the creation of innovative programs to compassionately deal with drug abuse, violence, recidivism, and lack of education among jail inmates. He proactively brought unprecedented numbers of minorities, women, LGBT employees, and ex-convicts onto his staff. And he sometimes resisted carrying out evictions or honoring federal immigration hold orders, bold and risky social-justice stands.

His stances drew scorn from the local law enforcement community, which never endorsed him in contested elections, and criticism from political moderates and national media outlets. But San Francisco voters reelected him again and again, until he finally decided to retire as his current term ends next month.

He credits his success and longevity to the people of San Francisco, who have also bucked the harsh national attitude toward criminals and the poor. “San Francisco is still largely a liberal voting town,” he told us in his well-worn office at City Hall, “and not many liberals run for sheriff.”

That logic held up in this year’s election when progressive Sup. Ross Mirkarimi — Hennessey’s hand-picked successor — was elected to the post. Mirkarimi, who led a tribute to Hennessey at the Dec. 13 Board of Supervisors meeting, said he’s honored to be able to continue the legacy of someone he called “the most innovative sheriff in the United States.”

 

LONG RECORD

Hennessey was a 32-year-old Prisoner Legal Services attorney for the Sheriff’s Department in 1979 as he watched then-Sheriff Eugene Brown letting go of reform-minded staffers and ending his predecessor Dick Hongisto’s early experiment with a school in the jail. So Hennessey quit his job and focused on running for the office.

“I said to myself that I’m not sure if I’ll be a good sheriff or not, but I know I’m better than anyone else running,” he told us, later adding, “I certainly never expected to be sheriff for 32 years.”

Rank-and-file deputies — with whom Hennessey has periodically clashed throughout his career — always preferred one of their own in the job. “As seen in this election, they would like to see someone coming from their ranks,” said Hennessey, even though he notes that at this point, he has hired all but three of the department’s nearly 1,000 employees.

But Hennessey’s outsider status allowed him to deal with the inmate population in a way that the average San Franciscan appreciated, even if the average cop didn’t. “When you’re in law enforcement, all you see are criminals, victims, and people in law enforcement. But I would talk to all kinds of people in the community,” Hennessey said, noting that his experience as a jailhouse attorney gave him a holistic view of his job. “I worked in the jail and I got to know prisoners as people.”

They were people who had certain needs and problems, such as substance abuse, a common problem among criminals. And they were people who would be returning to society at some point, as Hennessey constantly reminded those who expected prisoners to be treated harshly or simply warehoused.

So he broke down the wall between the jail and the community, bringing the city’s social service providers and educators to work programs in the jails, and developing anti-recidivism and vocational programs that allowed ex-offenders to re-engage with the local community.

“Take the bold step of inviting the public in, not all the public, but those who can provide services and help address people’s problems,” Hennessey said. “Then we took the same concept and applied it to violent offenders, which is a little riskier.”

But it was a risk that has paid off as recidivism rates among jail inmates has dropped, and it’s been without any serious cases of inmates harming outsiders. Hennessey is particularly proud of the high school he created in the jail, which will graduate its next class on Jan. 3.

He said the school can truly transform those who end up behind bars. “It gives them a leg up and it’s like a booster shot,” Hennessey said. “They’re at the lowest point in their lives when the come to jail, and then they’re given an opportunity to accomplish something they haven’t been able to on the outside.”

One of many controversial moves during Hennessey’s storied career was his decision to allow female inmates to leave the jails and perform in theaters around San Francisco with the Medea Project, which was created by Rhodessa Jones and the Culture Odyssey art collective to turn the stories of female inmates into plays.

“Rhodessa is a very persuasive person who talked me into letting these women out of jail to perform,” Hennessey said, smiling at the memory. “It was very controversial.”

 

HIRING REFORMERS

Hennessey’s mentor in the Sheriff’s Department — the man who hired him, ran his first campaign, and then became his longtime chief-of-staff — was the late Ray Towbis, a tough activist whose social justice stands on behalf of tenants, prisoners, and other marginalized members of society would sometimes put Hennessey into difficult positions.

“Ray caused me aggravation many times,” said Hennessey, who nonetheless kept a life-sized cutout photo of Towbis in his office long after he was gone, a reminder to fight for the values he believed in.

There was the time when Towbis angrily flipped over a table and cursed at a panel of parole commissioners after failing to win the release of a model inmate, triggering a demand from the presiding judge that Hennessey fire Towbis, which the sheriff ignored.

Later, Towbis adopted a compassionate approach to the evictions that sheriff’s deputies are forced to perform, allowing deputies to spare tenants who were disabled or elderly and personally calling journalists to help publicize cases in which the parties bringing the eviction action might back off. That sensitivity stays with Hennessey today.

“That’s one of the tough spots I’m in is doing these foreclosure evictions,” Hennessey said, clearly troubled by his duty but also aware that it is one that he is required to perform, despite pressure from progressive groups urging him to refuse to carry them out.

As a lawyer, Hennessey said he must respect court orders and avoid being held in contempt of court, as Hongisto was in the mid-1970s for refusing to carry out evictions against tenants in the International Hotel.

Hennessey and his staff have always been willing to help tenants resist eviction. His office has an eviction assistance program, and Towbis would sometimes tip off the media to publicize certain unjust evictions. One time, Hennessey said Towbis even called hotel magnate Leona Helmsley and talked her out of allowing her company to evict an elderly ParkMerced resident. Instead, Helmsley allowed the woman to live rent-free for the rest of her life, an unlikely gesture of kindness from the “queen of mean” that Towbis helped publicize.

Hennessey draws the line at outright refusal to carry out a judge’s eviction order. “The sheriff shouldn’t be a law-breaker,” he says. Yet Hennessey’s lawyerly approach to complex issues also resulted in his recent policy of not honoring federal detention holds on undocumented immigrants in the jail, after discovering that the holds are administrative — different than arrest warrants — so defying them isn’t a crime.

The policy Hennessey created last year was to ignore ICE requests for prisoners who aren’t charged with felonies or domestic violence charges, noting that the latter charges are often brought but eventually dropped against people who are the victims of domestic violence.

Hennessey tapped federal and foundation grant money to fund his new treatment and educational programs, hiring an ex-convict to write his grant proposals, something that particularly irked many of his deputies.

But Hennessey believed that ex-offenders had something to offer the department so he didn’t back down in hiring them, going so far as to elevate Michael Marcum, who had gone to prison for killing his own abusive father, to the top position of undersheriff in 1993.

Police groups were outraged, but Hennessey said he had known Marcum for many years and valued his counsel and perspective on the criminal justice system. “It wasn’t hard because I knew him and I know of his integrity and loyalty,” Hennessey said.

Hennessy also irked conservative cop culture for aggressive efforts to make the department more diverse. “We wanted more minorities, we wanted more women, and we wanted gay people,” said Hennessey, who initiated outreach efforts to each of those communities.

In 1984, when he approved of an outreach event in Chaps, a gay leather bar in the Castro — complete with flyers around the Castro publicizing the event — it generated a furor that made headlines not just locally in the San Francisco Chronicle, but the National Enquirer tabloid as well.

Yet Hennessey was able to ride out each of the controversies, many of which happened to fall years away from his next reelection campaign. “Those are good times to make dramatic changes,” Hennessey said.

And because he also saw to some neglected basics in the Sheriff’s Department — such as improving training and the jails’ physical structures to prevent escapes and instituting policies to reduce violence between inmates and guards — Hennessey endured and became a beloved sheriff.

 

VICTORY OF PERSISTENCE

“I’ve always felt somewhat isolated in these beliefs,” said Hennessey, who said that the biggest failure of his career was not proselytizing those beliefs to a statewide and national audience more aggressively. Instead, he has focused on San Francisco, quietly turning the city into a national model for a different kind of policing.

Despite his progressive record, Hennessey has won plaudits and respect from across the political spectrum. In the last election, even the cops who sought to replace him and to undermine his endorsement of Mirkarimi — Chris Cunnie, Paul Miyamoto, and David Wong — all praised Hennessey and promised to continue his programs.

During the Dec. 13 board meeting, Sup. Mark Farrell — consistently one of the most conservative votes on the board — said he has known Hennessey almost his entire life (the sheriff and Farrell’s dad were law school classmates). “I cannot think of anyone with more integrity, a more trustworthy and honest person, than I’ve ever know in my life,” Farrell said.

Sup. David Campos said the immigrant community owes Hennessey a tremendous debt of gratitude. “You have been a tremendous champion for civil rights,” Campos said. “For that, history will judge you very kindly.”

It is a history that Mirkarimi pledges to continue. “Who’s going to fill his shoes? It’s impossible,” Mirkarimi said at the board meeting. “But we certainly have an incredible standard to try to live up to.”

As for Hennessey, he has a fairly clear idea of what he plans to do now that his long and unlikely run as one of the city’s top cops is over: “I’m going to goof around.” *

Making CleanPowerSF work

4

EDITORIAL The way the San Francisco Chronicle describes it, the city’s new green power program “won’t come cheap.” That’s a line that Pacific Gas and Electric Co. will use over and over again in the next few months as the city finally prepares to get into the retail electricity business, 98 years after Congress mandated public power for San Francisco. Clean Power SF will offer 100 percent clean energy — and yes, right now, this spring, it will cost a little bit more than buying nuclear and coal power from PG&E.

But that price differential will change dramatically in the next few years — if the city goes forward not just with buying and aggregating power from the commercial market but developing renewable energy on its own.

That’s the key to the future of CleanPowerSF — and as a proposed contract to get the system up and running comes to the Board of Supervisors, the need for a city build-out of at least 210 megawatts of energy generation capacity is, and must be, an essential part of the plan.

The fact that the city, at long last, is moving toward implementing this program is a testament to the work of Sup. Ross Mirkarimi, who pushed it for years, and Sup. David Campos, who more recently took over the lead role. Both deserve immense credit for their work.

As Rebecca Bowe reports in this week’s issue, there’s some disagreement about the contract proposed by the San Francisco Public Utilities Commission. The deal with Shell Energy North America would have the energy giant buy green power wherever it can, deliver it to San Francisco customers along PG&E’s lines — and charge enough to pay for the power and overhead expenses. That, initial reports say, could raise the bill of an average customer somewhere between $7 and $50 a month, depending on use. For most residential customers, the increase is going to be on the low end.

The problem is that the PUC estimates from the start that two-thirds of the potential customers will drop out of the program and stick with PG&E. That’s an abysmal projection, reflecting in part the PUC’s long reluctance to take the program seriously, in part a failure to plan an aggressive marketing campaign — and in part the lack of a long-term vision for the program.

The bottom line is simple: As long as the city is buying energy from somebody else, there are going to be problems. Right now, renewable energy demand exceeds supply, so prices are high. That’s going to fluctuate over the next decade.

But it’s entirely possible for the city to build its own renewable infrastructure and generate power that will beat PG&E’s prices in the short-term future — and will be far, far less expensive a decade down the road. Clean Power SF will never work to its full potential unless the city owns a significant part of the generation system. (Ultimately, the city will never see the full economic benefits of public power until it buys out PG&E or builds its own delivery system.)

The PUC included — at the demand of public-power advocates — a clause in the contract stating that a city build-out was part of the plan. The proposal before the board only includes the contract with Shell — but the final deal should include specific plans for how much local power will be generated, how it will be funded — and how it will ultimately replace the power Shell is providing. The city should start right now looking for sites (there’s lots of surplus city land) and seeking bids for construction, and if the PUC can’t come up with enough revenue-bonding money, the board should put a comprehensive clean energy bond on the November ballot.

The Local Clean Energy Alliance estimates that building 210 megawatts of clean power in San Francisco would generate nearly 1,000 direct jobs and as many as 4,300 indirect jobs. That sort of program would be a boost to the economy and guarantee the city stable energy sources for the future. And it would allow the PUC to market Clean Power SF not as a plan that will cost consumers more today — but as a plan that the city can all-but guarantee will save you money, substantial amounts of money, over the next 10 years.

Lots of buzz and politicking around D5 appointment

65

There is eager speculation – and lots of public and private pressure being applied to Mayor Ed Lee – over the question of who he will appoint to fill the District 5 seat on the Board of Supervisors that is being vacated by Sheriff-elect Ross Mirkarimi.

Anti-progressive entities from the San Francisco Chamber of Commerce to the San Francisco Chronicle are urging Lee to appoint a fellow moderate to the solidly progressive seat, despite the outrage that would trigger on the left and the difficulty that appointee would likely have keeping the seat after the November election.

Chron columnist CW Nevius today published a weird little puff piece plugging London Breed – a moderate who wants the D5 seat, a fact he strangely didn’t mention – and her leadership of the African American Art & Cultural Center. Chron columnist Leah Garchik also pumped up Breed as a D5 appointee last week. Nevius’ column in particular seemed to be a thinly veiled attempt to influence the decision, despite the regular insistence by Nevius and others at the Chron that they never have a political agenda or try to influence City Hall. Yeah, right – at least we at the Guardian are honest about our advocacy for more progressive city leadership.

Breed is being strongly pushed by Willie Brown, the former mayor and current Chron columnist, as well as most of the city’s African American ministers, such as Revs. Amos Brown and Arnold Townsend, who showed up at last week’s Board of Supervisors meeting and followed Lee back to his office after his appearance before the board.

Sources connected to the ministers told us that Lee hadn’t returned their phone calls in recent weeks and they were angry about the snub, so they showed up to let him know and mau-mau him into appointing Breed. Indeed, Brown did get a private meeting with Lee after his followers wedged their way into the office.

Reporters had asked Lee about the D5 appointment just moments before and he said that he was in no hurry to make a decision. “I want to pay my respects to many groups in District 5,” Lee said.

While many names have been floated as D5 contenders, there are a few that rise to the top. Malcolm Yeung, public policy director of the Chinatown Community Development Center, is being pushed by Rose Pak, the Chinatown power broker who worked with Brown to get Lee into Room 200.

But given Lee will probably avoid simply choosing between the Brown and Pak choices – unless they can privately coalesce around someone, which is certainly a possibility – most City Hall speculation these days falls on Christina Olague. The Planning Commission president comes from the progressive camp but she also served as a co-chair of Progress for All, creators of the Run, Ed, Run campaign that persuaded Lee to run for a full term.

Speaking to the Guardian in October, Olague denied that her early endorsement of Lee had anything to do with the D5 seat, which she said she wasn’t seeking but would take if offered. “If we get progressives to support him early on, maybe we’ll have a seat at the table,” was how she explained her support for Lee.

On Friday, Olague showed up for Mirkarimi’s art opening and holiday party in his City Hall office, and she chatted with other possible contenders for the D5 seat, including Quintin Mecke, Julian Davis, Gabriel Haaland, Jason Henderson, and Michael O’Connor. Asked by the Guardian if she had any insights into how the appointment was going, she said all she knows is what she’s read online and in the newspapers.

And so we wait.

Mayor Lee, Sharp Park, and Gavin Newsom

43

So Ed Lee’s going to veto the Board of Supervisors resolution on Sharp Park. Of course he is. And there’s more than snakes and frogs at issue here.

The veto, I think, sets the tone for what we’re going to see over the next four years, which is: Gavin Newsom.

For four years, the progressive bloc on the board — that is, the shaky sometimes-majority that can pull together six votes on an issue — is going to run slam into a mayoral veto a good deal of the time.

In this case, John Avalos, David Campos, David Chiu, Jane Kim, Eric Mar and Ross Mirkarimi — that’s the list of the six — all supported a plan to negotiate with the National Park Service to take over the property, which would probably mean the end of the golf course. It’s an environmental issue, mostly, and also a public-resource issue — but the main thing is that it’s an issue that split the board along the left-center/right lines that we’ll see again and again over Lee’s term. And Lee is siding with the right.

That’s what we came to expect from Newsom — every progressive initiative was a struggle; often, bill sponsors had to line up eight votes, not six, because there was always the threat that Newsom would shoot it down. And I’m getting the feeling that we’ll be facing the same thing with Mayor Lee.

 

A step forward and step back for SF’s homeless families

26

As San Francisco grapples with a record-high number of homeless families seeking shelter space during the holiday season, a pair of homeless policy discussions at yesterday’s Board of Supervisors meeting highlighted shortcomings and missed opportunities in the city’s approach to the issue.

Mayor Ed Lee announced that he is opening up more shelter space and public housing units for homeless families, finally relenting to weeks of pressure to address the pressing problem. Yet the board also narrowly approved turning surplus city property over to neighborhood residents rather than using proceeds from selling it to benefit homeless families, as city policies call for.

The property in question, 341 Corbett Avenue, is a vegetated hillside near Upper Market that the city declared a surplus property in 2004, transferring it to the Mayor’s Office of Housing to either develop as housing for poor families or to put the proceeds from its sale toward that purpose. Providing housing for the homeless is what city policy calls for surplus property to be used for, according to 2002’s Surplus City Property Ordinance. The property was assessed at $2.2 million, but it wasn’t developed because of costs associated with the steep hillside, nor was it listed for sale.

Neighbors of the property have sought to use the property for open space and a community garden, so the district’s Sup. Scott Wiener authored legislation to facilitate a community garden by transferring it to the Department of Public Works. The transfer would involve no money, leaving homeless advocates concerned about depriving homeless families of any revenues from the property.

“There are a lot of public assets we could sell if we wanted to fund this need or that,” Wiener told his colleagues, noting that neighbors would rather see a community garden on the site and that Upper Market lacks adequate open space.

But Sups. Jane Kim and Eric Mar led the opposition to the move, saying they didn’t object to that kind of community use of this property, but that city policies need to be followed, particularly considering the dire need for more resources to address the needs of homeless families. “I do have concerns about the precedent we set and also being consistent,” she said, arguing for a delay in the action until city officials find a way to compensate MOH for at least some of the property’s value.

“Overriding the surplus property ordinance is not something I want to do right now,” Sup. John Avalos said.

But the board voted 6-5 to approve the transfer, with progressive Sups. Kim, Avalos, Mar, David Campos, and Ross Mirkarimi in dissent. Housing advocates upset by the action directly their ire at the swing vote, one-time progressive Sup. David Chiu, with activist Tommi Avicolli Mecca sending out an e-mail blast saying, “david chiu betrayed us again — he wouldn’t support continuing the 341 Corbett item so that affordable housing advocates could try and work out a better deal with the Mayor’s Office on Housing and others.”

Meanwhile, the skyrocketing number of homeless families has become a big issue in town since the Guardian broke the story on Oct. 13, with repeated stories in the Chronicle, Examiner, and other media outlets, and homeless advocates staging rallies outside City Hall and unsuccessfully pushing for a meeting with Mayor Lee on the issue.

During yesterday’s monthly mayoral question time, Kim asked Lee what he was doing to address the “alarming rate” of homeless families in the city – with 267 families now on a wait list for emergency shelter space, a 356 percent increase since 2007 – specifically challenging him to expand the city’s Rental Subsidy Program by 50 families and open new emergency winter shelters. She also noted three recent suicides in the city by individuals facing homelessness.

“I share your concern about family homelessness in San Francisco. My staff has been hard at work for a long time now trying to proactively respond to this very serious challenge and I’m proud to offer some very constructive, tangible solutions,” Lee said. He announced that his administration had just this week starting expediting the placement of homeless families into vacant public housing units, with 18 families now being processed and a goal of placing about 30 of the 79 families now in shelters into public housing units.

Lee also said that SalesForce.com CEO Marc Benioff is donating $1.5 million to the Home for the Holidays program the city is creating to provide rent subsidies and case management to 160 families, a donation that the city will match. “Their generosity is inspiring,” Lee said.

He also pledged to open up an unspecified number of new family shelter spots and, somewhat bizarrely, tried to wrap this issue into his relentless focus on promoting private sector job creation, mostly through tax breaks that actually cut into the city’s ability to provide direct assistance to homeless families. As Lee said, “The long-term goal is to increase these families’ incomes and to place them into permanent unsubsidized housing.”

SF supervisors urge city to defy federal immigration holds

57

The San Francisco Board of Supervisors yesterday (Tues/13) approved a resolution calling for the city to adopt stronger policies for resisting federal efforts to deport undocumented immigrants who live here. It is the latest move to support the city’s Sanctuary City status and counter the federal Secure Communities (S-Com) program, a new database that allows the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes.

The resolution urges the Sheriff’s and Juvenile Probation departments not to honor civil immigration detainer requests from U.S. Immigration and Customs Enforcement until there is a written agreement to have ICE pay for all local costs associated with the incarcerations. The Santa Clara County Board of Supervisors adopted a similar policy in October, a move also being pursued in Chicago, New York City, Washington DC, and other jurisdictions.

“It doesn’t make communities safer. In fact, it makes immigrant communities less safe,” Sup. Eric Mar, who authored the resolution, said of S-Com, noting that it makes immigrants less likely to report crimes or cooperate with police. “I urge you to support this message and to follow the lead of jurisdictions like Santa Clara and Chicago, Cook County.”

Sups. David Campos and Jane Kim asked to join Mar and Board President David Chiu as co-sponsors of the measure, which was then approved on an 8-3 vote, with Sups. Sean Elsbernd, Mark Farrell, and Carmen Chu in dissent. Members of the San Francisco Immigrant Right Defense Committee, who had lobbied hard for the resolution and who packed board chambers, erupted in a sustained standing ovation after the vote.

Angela Chan, an attorney with Asian Law Caucus who helped lead the effort, afterward told supporters, “It’s because of this group’s hard work that we got a lot more votes than we thought we’d get,” noting they only had six solid votes going in. “Thank you, happy holiday, and we have lots more work to do.”

Chan hopes the resolution will give political cover to Ross Mirkarimi – who supported the measure as a supervisor and who takes over as sheriff at the end of the month – to expand policies created this year by Sheriff Michael Hennessey to resist some immigration detainer requests. Mirkarimi hasn’t yet returned calls for comment on the issue.

San Francisco has a fraught recent history on how to handle undocumented immigrants accused of crimes. Two years ago, the board adopted a policy of refusing to report them to the feds until they had been convicted of serious crimes, approving the Campos-authored legislation on a veto-proof 8-3 vote, only to have then-Mayor Gavin Newsom refuse to enforce the policy. After that highly charged fight, the creation of the S-Com program allowed the feds to circumvent those restrictions by directly finding out whether local inmates are undocumented, making moot Mayor Ed Lee’s agreement to partially implement the Campos legislation.

As we report in this week’s paper, this is one of a number of issues related to local control and an overreaching police state where Bay Area communities such as Berkeley, San Francisco, Richmond, and San Jose are trying to push back on the federal government. Sup. Jane Kim is currently working on an ordinance to restrict the participation of San Francisco http://www.sfbg.com/2011/04/26/spies-blue. Advocates say she plans to introduce the measure next month, but Kim told us she’s have some difficulty getting sign-off from the City Attorney’s Office.

Progressives split on bag ban, ex-cons

12

A couple of interesting votes at the Board of Supes Dec. 6. Sup. Ross Mirkarimi lost two pieces of legislation — a mandate that stores charge for bags at checkout counters and a tax credit for companies that hire ex-offenders.

The bag ban went down 7-4. Well, actually, it was continued to February, by which time Mirkarimi will be gone. Sup. Jane Kim said she wanted to see more outreach to minority businesses, and was quoted in the press saying she would support it at a future date, but I suspect the delay marks the end of the bill. Without Mirkarimi around to push it, the measure will probably just die. It’s odd because San Francisco used to be on the cutting edge of environmental issues; the bag ban is getting picked up by other cities and will probably be law all over the country in a decade.

Voting for the continuation were three supes who said they supported the “concept” — Scott Wiener, David Chiu and Kim.

The ex-offender tax credit went down 6-5 — and on this one, Sup. Malia Cohen, who is not always with the progressives but whose district has the largest number of parolees in the city, supported Mirkarimi. So did Kim, Eric Mar, and David Campos. The swing vote: Sup. John Avalos, the progressive leader in the mayor’s race and one of the most solid left votes on the board.

Avalos told me that he doesn’t support tax breaks; he’s been consistent on that, and I understand. I don’t support tax breaks, either. I don’t think they’re very effective and they cost the city money. But there are two elements that make this unusual — for one, if anyone actually used the tax credit and hired an ex-offender, the money the city would likely save by keeping that person from going back to jail would greatly exceed the amount of the tax reduction.

Besides, I was waiting to see Lee come up with an excuse to veto the bill — particularly at a time when more and more ex-offenders are going to be released in San Francisco. I know this is just petty politics and all that, but this was a tough decision involving a very unpopular group (nobody wants to be nice to former criminals) — and Lee got off easy.

Stop downtown’s attack on RCV

52

OPINION The long-time foes of political reform at the Chamber of Commerce and San Francisco Chronicle have launched an effort to repeal ranked choice voting (RCV) and public financing of campaigns. Supervisors Sean Elsbernd and Mark Farrell have introduced a June 2012 charter amendment to repeal RCV, with public financing also in their crosshairs.

Many of us fought hard to pass these reforms, and I am reminded of when the downtown corporate interests repealed district elections in 1980. They blamed the assassinations of Harvey Milk and George Moscone on district elections and the election of Supervisor Dan White. San Francisco has a history of the anti-reformers waiting for their moment of opportunity. Now these same corporate interests think that moment has arrived again.

The Bay Guardian first reported about an anti-RCV campaign in 2009, when a meeting of downtown business leaders was hosted by Steve Falk, Chamber of Commerce CEO (and past publisher of the Chronicle) to discuss repealing RCV.

As part of that effort, polling also was done to see if they could repeal district elections and public financing. They also filed a bogus anti-RCV lawsuit which was unanimously rejected by two courts. Elsbernd’s repeal legislation is the culmination of their calculated efforts.

It’s clear what these special interests want: a return to the days when local races were decided in low-turnout December elections, and those who had the most money pounded their opponents into submission. An Ethics Commission report in 2003 found that independent expenditures increased by a factor of four during December runoffs, while another study found that voter turnout dropped by more than a third in 10 of the 14 December runoff races held from 2000-2003. Turnout in one city attorney runoff dropped to 16 percent.

Just as importantly, the December electorate did not represent the diversity of San Francisco’s population. Voters in the runoffs were overwhelmingly whiter, older and more conservative than the city as a whole, as voter turnout plummeted in December among racial minorities, the poor and young people. Simply put, a return to December runoffs will allow groups like the Chamber and its allies to dump huge amounts of money into negative campaigns aimed at the more conservative December electorate when most San Franciscans don’t vote.

In the era of unlimited independent expenditures by corporations (thanks the Supreme Court decision in Citizens United), political reforms like RCV are crucial for protecting our democracy. Both RCV and public financing have greatly improved local elections — since their inception San Francisco has doubled the number of racial minorities elected to the Board of Supervisors. Elections are now decided in higher turnout November contests, allowing more people to have a voice in choosing their local representatives. Winning candidates in RCV contests have won with an average of 30 percent more votes than winners in the old December runoffs.

San Francisco has saved $10 million in taxes by not holding second elections, money used for other public needs. Candidates also haven’t needed to raise money for a second election, which helps level the playing field. Progressive candidates have never done well in citywide elections, but this year in RCV contests Ross Mirkarimi was elected sheriff and John Avalos mobilized and finished a strong second. That bodes well for progressives’ future.

It’s no coincidence that Supervisor Elsbernd is trying to get his charter amendment on a low-turnout June ballot, when the electorate is more conservative. The downtown corporate interests are clear on what they must repeal in order to elect the candidates they want — RCV, public financing, and ultimately district elections. Progressives need to be just as clear on what reforms we must defend.

Assemblymember Tom Ammiano represents the 13th District.

About that “acrimonious fall”

Catch this. Mayor Ed Lee’s mayoral victory had nothing to do with millions of dollars in campaign contributions from private interests, a sophisticated get-out-the vote effort targeting Lee supporters, the advantage of incumbency, some funny business, or a calculated campaign strategy concentrating efforts on absentee ballots.

Instead, the fact that Lee triumphed over voters’ second pick, the significantly less well-funded progressive candidate Sup. John Avalos, is proof that the left in San Francisco has plummeted into a dark abyss. In fact, the progressive movement has descended so far into disarray and become so irrelevant that its condition warrants front page news.

That’s essentially the narrative that Benjamin Wachs and Joe Eskenazi of the San Francisco Weekly offer in their cover article, “Progressively Worse: The Tumultuous Rise and Acrimonious Fall of the City’s Left,” in which they refer to the Guardian as “the movement’s cajoling ward boss, kingmaker, and sounding board.” Gosh, I feel so goddamn important right now.

Once the blood pressure returned to normal, my initial reaction to this piece was that Wachs and Eskenazi seem to misunderstand who and what progressives actually are. They portray the city’s left as a caricature, a brash bunch of power mongers now on the losing end that can be easily summed up with pithy video game references, Happy Meal toy bans, and bikes.

Witness the contrast between the Weekly’s portrayal of progressives (helped along by former Newsomite Eric Jaye), and the portrait of the left the Guardian offers this week with an Op-Ed written by NTanya Lee — an actual progressive who volunteered for the Avalos for Mayor campaign.

Here’s the Weekly on the left:

“This is an eclectic group, one often bound not by mutual interests as much as mutual enmity — toward Brown, his successors, and the corporate interests of ‘downtown.’ As a result, progressive principles are often wildly inconsistent. Progressives favor more government control over people’s lives for their own good, as when they effectively banned McDonald’s Happy Meals. But sometimes progressives say the government needs to let people make their own choices … Progressives believe government should subsidize homeless people who choose to drink themselves to death, while forbidding parents from buying McNuggets because fast food is bad for us. … Without consistent principles, it’s easy to associate progressives with the craziest ideas to come out of City Hall, and the movement’s bad ideas are memorable. … Daly’s pledge to say ‘Fuck’ at every public meeting makes a killer Internet meme. Hey, let’s legalize prostitution and outlaw plastic bags!”

Here’s Lee on the left:

“The Avalos coalition was largely community forces: SF Rising’s base in working class Black, Latino, Filipino and Chinese communities; the Bike Coalition’s growing base of mostly white bike riders; affinity groups like Filipinos, Queers, Latinos and Arabs for Avalos; progressive Democrats; social networks of creative, young progressive activists affiliated with the League of Young Voters; and loyal families and neighborhood leaders from John’s own District 11. The campaign prioritized communicating to voters in four languages, and according to the Chinese press, John Avalos was the only non-Chinese candidate with a significant Chinese outreach program. There were stalwarts from progressive labor unions (most notably SEIU 1021 and USWW) who threw down — but overall, labor played it safe and invested resources in other guys. And then, in the great surprise development of the race, supporters of the new national occupy movement came to be a strong part of the Team Avalos base because the campaign was so well positioned to resonate with the call to take on the one percent.”

When it comes to takeaways from the November election, the Weekly’s conclusion is essentially opposite that of progressives. While many on the left see themselves as regaining momentum and building the power to rise even in the face of defeat by the established powers-that-be, the Weekly casts San Francisco’s left as deflated and out-of-touch.

Speaking of out-of-touch, the SF Weekly refers to San Francisco’s “increasingly imaginary working class.”  But in reality, 61 percent of students attending public schools in S.F. Unified School District qualify for free or reduced lunch, and a majority of San Franciscans cannot afford market-rate housing.

However, the Weekly is correct in pointing out that shifting demographics have dealt a blow to the progressive base.

“Between 2000 and 2010, the city grew older (every age group over 50 increased), wealthier (there are now 58 percent more households earning $125,000 or more), and more heavily Asian (up from around 30 to nearly 35 percent of the city’s population): exactly the groups progressives don’t win with. These voters don’t respond well to campaigns against developments or for city services, because they’re often living in those developments and don’t need city services.”

I take issue with the Asian part of that statement as a sweeping generalization, however, having witnessed the solid organizing work of the Chinese Progressive Association, for example.

The Weekly also says progressives and the Guardian never called out former Mayor Gavin Newsom for ripping off their best ideas. Oh, they didn’t?  That’s news to me.

The Weekly article implies that progressives got trounced by moderates because jobs are priority No. 1 for voters, and the left has no feasible economic plan — but at the same time, the article completely dismisses ideas that the Guardian has put forth, like creating a municipal bank, implementing Avalos’ Local Hire legislation, or taxing the rich.

Taxing the rich is precisely the kind of economic solution the international Occupy movement is clamoring for, and the concept has even attracted a few unlikely supporters, like billionaires Warren Buffet and Sean Parker, who is not some conservative a*hole by the way.

“The Guardian … stays on the progressive agenda because they put it there, along with taxing the rich, tapping downtown to subsidize Muni, and other measures … Proposing the same old solutions to every new problem turns policies into punch lines.”

Speaking of predictable, no profile authored by the Weekly mentioning the Guardian would be complete without some dig about public power. “The Guardian has been flogging public power since Tesla invented the alternating-current generator,” the S.F. Weekly squawks. Those clever reporters, turning policies into punch lines.

But wait, I thought the problem was that progressives couldn’t get it together on the job creation thing. Consider the CleanPower SF program, which has been strongly advocated for by progressive Sup. and Sheriff-elect Ross Mirkarimi (who it turns out is “not toxic,” according to the Weekly, since he was elected citywide and all). According to an analysis by the Local Clean Energy Alliance, CleanPowerSF will create 983 jobs — 4,357 jobs when indirect job creation is factored in — over the course of three years, assuming the 51 percent renewable energy target is met. Presented with this kind of information, the Weekly will only yawn and say, “Are we on that again?”

That being said, our friends’ article might actually have a pearl of wisdom or two buried somewhere in that nauseating sea of sarcasm. Everyone needs to engage in self-reflection. So right after you’re done throwing up, think about how to take advantage of the opportunity this article presents for a citywide dialogue about progressivism in San Francisco.

Ed Lee’s challenges

2

EDITORIAL Mayor Ed Lee has always talked about bringing the city together, about avoiding division and harsh conflict. And how that he’s won a four-year term, he’s going to have to address a wide range of city problems that in the past haven’t responded well to consensus and compromise.

He’s going to have to do it in the wake of an election in which the centrist candidates all finished low in the pack — and the strongest progressive actually won more votes than anyone else on Election Day. And his victory comes at a time when there’s more concern over economic inequality than this country has seen since the 1930s — represented most visibly by the large and growing OccupySF encampment.

The mayor received huge financial support — in the hundreds of thousands of dollars — from some of the same people and businesses that the Occupy movement is targeting. Some of his campaign contributors have an conservative economic agenda that’s way to the right of the center of San Francisco politics. And some of his closest allies (and strongest supporters) are, to put it kindly, ethically challenged.

So it’s not going to be easy for the mild-mannered mayor to lead the city — and if he wants to be successful, he needs to work with and not ignore the left.

There are a few critical steps that would show the people who opposed him that he’s not a captive of big-business interests and that he can be trusted:

1. Appoint a real progressive to Sheriff-elect Ross Mirkarimi’s District Five supervisorial seat. If Lee is really a mayor who’s above petty politics, the chief criterion for the appointment shouldn’t be loyalty to Lee.

District Five supported Avalos over Lee by a solid margin (in the Haight, Avalos got twice as many votes as Lee). The district has been represented by two people, Matt Gonzalez and Mirkarimi, both of whom were elected as Green Party members. It’s almost certainly the most left-leaning district in the city, and deserves a supervisor who represents that political perspective. Most of the qualified people who fit that description supported a candidate other than Ed Lee for mayor.

2. Don’t send the cops to roust OccupySF. The movement has support all over the city and is making an historic statement. It’s probably the most important political demonstration in San Francisco since the 1960s. A mayor who has any shred of a progressive soul should recognize that the most important issue facing this city and this nation is the wealth and income gap and help OccupySF make its voice even louder.

3. Present a plan for more than a “cuts only” budget. Yes, the sales tax measure lost, putting a hole in the city budget, and yes, it will be a year before a credible new revenue measure can go on the ballot. But now is the time to start bringing people together to look at what comprehensive tax reforms might be more appealing than a regressive sales tax.

4. Don’t give away the city to the One Percent. A developer wants to build 160 condos for the very, very rich on the waterfront at 8 Washington. Mayoral ally Rose Pak supports the project. It’s about as blatant an example as possible of something that only benefits multimillionaires, and it will be one of the first major land-use decisions Lee will have to grapple with. Making his opposition clear would demonstrate his independence.

5. Run an open administration. Both previous mayors, Gavin Newsom and Willie Brown, were openly hostile to the press, hostile to open government and supremely arrogant. Lee has a different personal style — and he ought to show that he respect the Sunshine Ordinance by directing his departments to abide by the rulings of the Sunshine Task Force.

That’s what good government would look like.

Rank complaints

27

steve@sfbg.com

Even before all the votes had been cast on election day, the two most conservative members of the San Francisco Board of Supervisors proposed a ballot measure to repeal the city’s ranked-choice voting (RCV) system, prompting all the usual critics of this voter-approved electoral reform to denounce it as confusing and undemocratic.

Those same two supervisors, Sups. Sean Elsbernd and Mark Farrell, were also the ones who unsuccessfully pushed for a weakening of the public financing system last month, changes that will likely be wrapped into discussions in the coming weeks over how elections are conducted in the city. And progressive supporters of both systems warn that district supervisorial elections will probably be the next target of this concerted push to roll the clock back on electoral reforms in the city.

"The [San Francisco] Chronicle and the [San Francisco] Chamber [of Commerce] have been at it from day one," Steven Hill, who helped crafted both the RCV and public financing systems, told us. "They’re really clear about what they want to eliminate, so we should be clear about what we need to defend and we can’t get confused by this."

Indeed, the Chronicle ran an editorial Nov. 14 advocating the repeal of ranked-choice, calling it "a fundamentally flawed system that is fraught with unintended consequences." The paper, as well as its allies at the Chamber and other downtown institutions, has been equally vociferous in criticizing public financing and district elections.

Hill said that’s because moneyed interests prefer systems that they can manipulate using the millions of dollars in unregulated independent expenditures they can summon — an ability they demonstrated again in his election on behalf of Mayor Ed Lee — such as low-turnout runoff elections, citywide supervisorial races, and elections without the countervailing force of public financing. "They’ve been doing this steadily and looking for ways to chip away at it," Hill said.

But conservatives aren’t the only ones raising questions about RCV; some progressives say the system needs adjustment, too.

Although Farrell opposes all three of those electoral reforms, he insists that his concerns about RCV are about voter confusion and the perception that winners don’t have majority support and could be viewed as illegitimate. "There is just so much voter confusion out there," Farrell said, citing comments from voters who don’t understand how their votes are tabulated to produce a winner.

Hill counters that voters do have a clear understanding of how to rank their choices, downplaying the importance of whether they understand all the details of what happens next. But Farrell said that and the majority rule issue have undermined people’s faith in the elections.

"People get very upset when they realize someone didn’t get a majority of the vote," he told us, referring to how the majority threshold drops as voters’ top three candidates are eliminated. "To me, it’s just simpler to go back to the runoff system."

Many moderate politicians agree. "I don’t like ranked choice voting and I never have," City Attorney Dennis Herrera, who finished third in the mayor’s race, told us on election night. "I defended it all the way to the 9th Circuit [Court of Appeals in his role at City Attorney], but I think it’s bad policy."

Sup. Scott Wiener, a Herrera supporter we spoke to at the same election night party, also wants to see a change. "I supported ranked-choice voting and until recently I continued to support it, but this race changed by mind," Wiener said, attributing the large mayoral candidate field and free-for-all debates to RCV. "There is no way most voters will be able to distinguish among the candidates."

But Hill says it’s a mistake to attribute the large field to RCV, or even to the public financing system that some are also trying to blame, a problem he said can be addressed in other ways, such as changing when and how candidates qualify for public matching funds.

Wiener said he hasn’t made up his mind about repealing RCV, and he said that he absolutely opposes a return to the December runoff election. One alternative he suggested was a system like that in place in New York City, with the initial election in September and the runoff during the general election in November. But he does think some change is needed, and he’s glad Elsbernd and Farrell proposed an RCV repeal.

"They’re starting a conversation with the repeal, but that’s not where it’s going to end," Wiener said.

Indeed, the system still has the support of most progressives, even Sup. John Avalos, who finished second in the mayor’s race and would now be headed into a runoff election against Ed Lee under the old system. "I continue to support ranked choice voting," Avalos told us. It takes six supervisors to play the charter amendment repealing RCV on the ballot.

Sup. Ross Mirkarimi, who was narrowly elected sheriff in the ranked-choice runoff despite a 10-point lead in first place votes, said of the Farrell and Elsbernd proposal, "I do want to hear their criticisms."

"I understand the larger discussion, which was a bit of a misguided approach that some of our colleagues used to go after ranked choice voting on election day," Mirkarimi said. "But they are good politicians and they seized an opportunity."

Mirkarimi did say he was open to "maybe some tweaks. I do think ranked choice works better when you have many choices." Others, such as former Sup. Matt Gonzalez, have also recently advocated a ranked-choice system that allows more choices, which would address the majority-vote criticism because fewer ballots would be exhausted.

Hill said the legislation that voters approved back in 2002 already calls for more choices, but the technology used in the city’s current system only allows three choices. Yet he said the city’s vendor, Dominion Voting Systems, has developed a system allowing up to 11 choices, for which it is currently seeking federal certification.

Although he said various tweaks are possible, "I think the system worked well in this election," Hill said, noting that few San Franciscans would have wanted to drag this long campaign out by another month or to pay for another election.

Guardian editorial: Mayor Ed Lee’s challenges

21

 Mayor Ed Lee has always talked about bringing the city together, about avoiding division and harsh conflict. And now  that he’s won a four-year term, he’s must address a wide range of city problems that in the past haven’t responded well to consensus and compromise.
He’s going to have to do it in the wake of an election in which the centrist candidates all finished low in the pack — and the strongest progressive actually won more votes than anyone else on Election Day. And his victory comes at a time when there’s more concern over economic inequality than this country has seen since the 1930s — represented most visibly by the large and growing OccupySF encampment.
The mayor received huge financial support — in the hundreds of thousands of dollars — from some of the same people and businesses that the Occupy movement is targeting. Some of his campaign contributors have an conservative economic agenda that’s way to the right of the center of San Francisco politics. And some of his closest allies (and strongest supporters) are, to put it kindly, ethically challenged. So it’s not going to be easy for the mild-mannered mayor to lead the city — and if he wants to be successful, he needs to work with and not ignore the left.
There are a few critical steps that would show the people who opposed him that he’s not a captive of big-business interests and that he can be trusted:

1. Appoint a real progressive to Sheriff-elect Ross Mirkarimi’s District Five supervisorial seat. If Lee is really mayor who’s above petty politics, the chief criterion for the appointment shouldn’t be loyalty to Lee or Willie Brown or Rose Pak et al.  District Five supported Avalos over Lee by a solid margin (in the Haight, Avalos got twice as many votes as Lee). The district has been represented by two people, Matt Gonzalez and Mirkarimi, both of whom were elected as Green Party members. It’s almost certainly the most left-leaning district in the city, and deserves a supervisor who represents that political perspective. Most of the qualified people who fit that description supported a candidate other than Ed Lee for mayor.

2. Don’t send the cops to roust OccupySF. The movement has support all over the city and is making an historic statement. It’s probably the most important political demonstration in San Francisco since the 1960s. A mayor who has any shred of a progressive soul should recognize that the most important issue facing this city and this nation is the wealth and income gap and help OccupySF make its voice even louder.

3. Present a plan for more than a “cuts only” budget. Yes, the sales tax measure lost, putting a hole in the city budget, and yes, it will be a year before a credible new revenue measure can go on the ballot. But now is the time to start bringing people together to look at what comprehensive tax reforms might be more appealing than a regressive sales tax.4. Don’t give away the city to the One Percent. A developer wants to build 160 condos for the very, very rich on the waterfront at 8 Washington. Mayoral ally Rose Pak supports the project. It’s about as blatant an example as possible of something that only benefits multimillionaires, and it will be one of the first major land-use decisions Lee will have to grapple with. Making his opposition clear would demonstrate his independence.

5. Support public power and community chocie aggregation. And appoint SPUC commissioners with visible, credible public power credentials. PG&E has maintained its illegal private power monopoly in San Francisco for decades  by muscling  mayors to appoint only PG&E-friendly commissioners who keep City Hall safe for PG&E.

6.  Run an open administration. Both previous mayors, Gavin Newsom and Willie Brown, were openly hostile to the press, hostile to open government and and supremely arrogant. Lee has a different personal style and he ought to show that he respects the Sunshine Ordinance by directing his departments to abide by the rulings of the Sunshine Task Force. That’s what good government would look like.