Ross Mirkarimi

Is SF moving to the right?

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The Bay Citizen/New York Times thinks so. The headline on the story — “more conservative is the new normal” — says it all. Matt Smith (formerly of our price-fizing rival SF Weekly) and Gerry Shih say the Nov. 8 election signals a turn to the right for this famously liberal city:

But Tuesday’s election signaled a palpable shift: In addition to Lee, a pro-business moderate, voters overwhelmingly picked George Gascón, the law-and-order former police chief — and former Republican — as district attorney.

“To whoever thinks San Francisco is loopy and left-wing, this election basically said, ‘No, it’s really not,’” said David Latterman, associate director of the Leo T. McCarthy Center for Public Service and the Common Good at the University of San Francisco. “We just elected an ex-Republican, pro-death penalty district attorney by a landslide. Just ponder that.”

Well: It’s interesting that they call Lee a “pro-business moderate,” which is probably accurate but differs from how Lee’s more progressive supporters see the new mayor. But while they talk about Gascon, they conveniently leave out the fact that San Francisco has elected the first solid progressive to a citywide office in a long, long time. Ross Mirkarimi — a former Green Party member and without a doubt one of the most left-leaning supervisors — won a tight, contested race for sheriff running honestly as a progressive. I think you have to go back to 1987, when Art Agnos ran for mayor as the candidate of the left, to find another example of a progressive champion winning all across town.

The interesting element of all of this — and something I think Smith and Shih got absolutely right — is that the demographic makeup of the city is changing, and has been for a while:

“From a political perspective, the tech companies are employing young workers who often prefer to live in San Francisco, even if they commute to Silicon Valley, said Wade Randlett, a Bay Area technology executive and top fund-raiser for President Obama.”

Wade Randlett is not my favorite person in local politics, but the point he makes is valid — and it’s not happening by accident. Virtually all of the new housing that’s been built in San Francisco in the past decade has been aimed at wealthy people, a lot of them young tech types who commute from the city to Silicon Valley. The other people moving into new housing are empty-nest retirees from places like Marin County. If you walk through the new condo buildings in Soma, the residents are mostly white, with a few Asians; there are almost no African Americans, very few families and essentially zero working-class people.

For years, downtown groups (including Randlett’s former employer, SFSOS) have pushed for this kind of housing, and some of them have been very open about their goal: By bringing in more rich people and tech workers, you can change the politics of the city. Housing activist Calvin Welch puts it succinctly: Who lives here, votes here.

That’s the reason why land use and housing are so critically important in this town. If poor and working-class people are pushed out to make way for a more upscale set of residents, then progressives who talk about taxing the wealthy to provide services for the poor will have a harder time getting elected.

It’s not a conspiracy; it’s an open, stated policy goal of the people who spent vast sums of money electing Ed Lee.

 

 

Mirkarimi victory seems assured

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The San Francisco Elections Department counted more than 25,000 ballots today and just posted new ranked choice voting tallies that continue to indicate Ross Mirkarimi has been elected sheriff, widening his margin of victory from yesterday’s count. Mayor Ed Lee and District Attorney George Gascon saw their margins shrink slightly, but they are also the clear winners.

With only about 7,000 provisional ballots still be counted, it’s unlikely that these results will change. Lee’s share of first place votes dipped by about a half percentage point to 31 percent, while second place John Avalos, third Dennis Herrera, fourth David Chiu, and fifth place Leland Yee each gained a bit of ground.

It took 12 rounds of reallocating votes, one more than yesterday’s tally, but the latest count shows Lee winning with 60 percent of the vote to Avalos’s 40 percent.

In the sheriff’s race, the only variable after yesterday’s count was whether Paul Miyamota might be eliminated before Chris Cunnie – raising the question of whether Mirkarimi would get a big enough chunk of Miyamoto’s votes to put him over to top. But with Mirkarimi gaining ground in first place votes to 38 percent, and with 1,117 votes separating Cunnie and Miyamoto in the second round, it would be almost impossible for the winner to change.

In the DA’s race, Gascon dropped and David Onek rose by about a half percentage point, but with more of Sharmin Bock’s votes going to Gascon, he wins in the third round with 63 percent of the vote.

The next D5 supervisor

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Now that it appears Sup. Ross Mirkarimi will be the next sheriff — and Ed Lee will be mayor for the next four years — the speculation is starting over who Lee will name to replace Mirkarimi as District Five supervisor. There are an abundance of qualified candidates, but my sources tell me the Mayor’s Office is looking right now primarily at two people — London Breed, director of the African American Art and Culture Complex and a former redevelopment commissioner, and Malcolm Yeung, an attorney who is president of the Asian American Bar Association and longtime policy person at the Chinatown Comminity Development Center.

Both, of course, were Lee supporters.They have a history of working on progressive causes (Yeung, at CCDC) and strong ties to the community (Breed at AAACC). Breed has spent more time as an activist in D5 (and was appointed to her job by former mayor Willie Brown), but Yeung is reportedly popular with Rose Pak, who clearly has the mayor’s ear.

I don’t know who Lee will be taking to about the appointment, but you can be sure both Brown and Pak will be giving their advice. And so far — although it’s still early — nobody has been talking to the current supervisor.

I called Mirkarimi and asked him who he would suggest, and he told me there were plenty of people — although neither Breed nor Yeung would be on his short list. He didn’t want to name names, but I can: queer/labor activist Gabriel Halland and Community College Board Member John Rizzo are both eminently qualified for the job, and Julian Davis would also be on a lot of short lists. So would Christina Olague, a planning commissioner (and Lee supporter) — but one City Hall insider told me that “Willie would never let that happen.”

Mirkarimi did suggest that he ought to be consulted. “I would think after all the work I’ve done in the district over seven years and two administration that  Mayor Lee would at least want my input,” he said. We’ll see.

The low-turnout election

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A factor that hasn’t been discussed much in the analysis of the election results is the very low turnout for a contested mayor’s race. The turnout without the provisionals and final absentees was about 30 percent; by my figures, when the 35,000 remaining ballots are counted, it will total about 37 percent.

That’s about the same level as the 2007 race, when Gavin Newsom had no serious opposition and the races for sheriff and district attorney were essentially uncontested.

The past two contested mayoral races had much higher turnout. In 1999, when Tom Ammiano ran against Willie Brown, 45 percent of the voters turned out; same for the 2003 race pitting Matt Gonzalez against Gavin Newsom.

It’s odd — the weather was good, there were three contested races, all of the candidates had and spent money … and even in traditionally high-turnout areas, not that many voters went to the polls.

In the Mission, where John Avalos won overwhelmingly, turnout was only 30 percent.

Clearly, one of the reasons that Ed Lee won is that he got his voters to the polls. Would higher turnout on election day have made a difference? Maybe. Lee had support all over the city, and he was going to be tough to beat. He also got most of the second-place votes from candidates like David Chiu and even Leland Yee, who had spent much of the fall attacking him. And although Avalos won on election day, Lee was so far ahead from the absentees that catching him would have been difficult.

Still: The race certainly would have been closer. And the low turnout is curious. Did people just assume Lee was going to win? It’s hard to imagine that voters had no appealing candidates — there were so many choices. And there was so much election hype — I got about 30 mail pieces in the last week.

By the way: Randy Shaw did his list of winner and losers, and he left out Avalos entirely. Avalos didn’t win the election, but his suprisingly strong finish established him as a progressive leader for the future and helped keep the left organized and in the game. He also left out Ross Mirkarimi, who is the first solid progressive to win a citywide office in quite a while — and he did it running for sheriff against two law-enforcement types. Mirkarimi has now established himself as someone who can win in all parts of town and has made crime and law-enforcement a progressive issue.

Then there’s OccupySF — and while a lot of the people there probably didn’t vote, the fact that that Avalos stood with the occupiers and contrasted himself to Ed Lee (who came very close to using the cops to evict the protesters) helped his campaign immensely.

Lee, Mirkarimi, and Gascon win first ranked choice tally

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San Francisco’s first run of ranked choice voting tallies for yesterday’s election shows Ed Lee winning the mayor’s race (with progressive favorite John Avalos in second), George Gascon remaining district attorney, and Ross Mirkarimi becoming the new sheriff in town.
“Progressive victory, citywide, that’s huge,” Sup. David Campos told Mirkarimi this afternoon outside the Elections Department, where a scrum of journalists and politicos gathered to get the results. It would indeed be a rare citywide victory for progressives, which analyst David Latterman says constitute about 19 percent of the electorate, compared to 39 percent who identify as moderate and 36 percent who call themselves liberals.   
About 7,500 provisional and 24,000-25,000 absentee ballots remain to be counted over the next few days, said Elections Chief John Arntz, telling reporters, “I’m not saying these are the final results by any stretch.” But there is good reason to believe these winners will stick.
In the sheriff’s race, where Mirkarimi faced off against three candidates with long law enforcement backgrounds, David Wong was the first to be eliminated, and the lion’s share of his 9,487 votes went to fellow Sheriff’s Deputy Paul Miyamoto rather than Chris Cunnie, the former head of the San Francisco Police Officers Association, knocking Cunnie out of the race.
Of Wong’ votes, 3,828 went to Miyamoto, 2,637 were exhausted (meaning Wong voters had no second choice), 1,682 went to Mirkarimi, and just 1,325 went to Cunnie, who had been in second place. That gave Mirkarimi almost 40 percent of the vote, compared with 30.7 percent for Miyamoto and 29.8 percent for Cunnie.
On the next round, Cunnie’s 42,877 votes were redistributed as follows: 16,820 to Miyamoto, 14,675 exhausted, and 11,322 to Mirkarimi, giving him 53 percent of the vote. “I’m optimistic, but I’m not declaring victory,” Mirkarimi told reporters. He said that he hopeful that he’ll get the chance to continue the 30-year progressive legacy of retiring Sheriff Michael Hennessey, who endorsed Mirkarimi.
The only real variable in the sheriff’s race is how Cunnie’s second place votes break in the event that incoming ballots change who gets eliminated after Wong, but Mirkarimi said he was happy with how well progressive campaigns did in this election.  
“I want to say how proud I am of the Avalos campaign. It did a good job at getting people out who have felt disenfranchised,” Mirkarimi added.
Indeed, Avalos surprised much of the political establishment by finishing strongly in second place with 18.3 percent of the vote compared to Lee’s 31.5 percent and Dennis Herrera’s 11.3 percent. In the first ranked choice run, it took 11 rounds of eliminations for Lee to break the 50 percent threshold of victory. And when he did, he jumped all the way to 61 percent, mostly because voters who chose Herrera as their third choice exhausted their ballots.
When Herrera was eliminated in Round 10, 18,276 of his 29,717 votes were exhausted, and of the balance, 6,683 went to Avalos and 4,705 went to Lee, where they had been at 28 percent and 49 percent respectively. Avalos then finished second with 39 percent of the vote.
Other notable rounds in the mayoral runoff were when fourth place finisher David Chiu was eliminated and his nearly 20,000 votes broke most heavily in favor of Ed Lee and being exhausted, reinforcing the idea that he draws his support mostly from moderates and is no longer part of the progressive movement that helped elect him to the Board of Supervisors.
Avalos got just 2,376 of Chiu’s second place votes, compared to 5,894 for Lee and 3,832 for Herrera. By contrast, when Leland Yee was eliminated a round earlier, his votes were redistributed fairly evenly among Lee, Chiu, Herrera, and Avalos. Part of the reason that Avalos never gained ground on Lee was that the mayor got more second place votes than his progressive challenger on every elimination between Round 3 and the final round.
In the DA’s race, Gascon’s 42 percent total of first place votes is an insurmountable lead, particularly given that he also did well on the second place votes, showing that attacks on his secrecy and police connections didn’t do much to hurt him. When third place finisher Sharmin Bock was eliminated in the third round, Gascon got 13,301 of her votes, compared with 10,430 for David Onek, and 11,840 exhausted.
The Elections Department will run new totals every day at 4 pm

35,000 votes still out

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The Department of Elections says there are about 34,500 ballots still to be counted — 27,000 election-day absentees and 7,500 provisionals. That would be about one sixth of the total votes. Not enough to make a huge difference, but if they break the way the election-day votes did, the mayor’s race will get tighter (although probably not enough to make a difference) and Ross Mirkarimi will pull further away in the sheriff’s race. The only other difference: Prop. H may wind up losing — not that it matters, since it’s only a policy statement anyway and the school board is not about to change a system it developed over two years of public hearings.

Ross Mirkarimi is (cautiously) optimistic (VIDEO)

Spirits were high at Sup. Ross Mirkarimi’s election night party at Carnelian by the Bay Nov. 8, as polling numbers seemed to be trending in his favor in the race for San Francisco sheriff. Around 10:30 p.m., supporters were flooding into the main lounge, a spacious venue with low lighting and huge windows overlooking the Bay Bridge. Plastic deputy sheriff stars were being passed around as party favors.

“We’re winning,” Mirkarimi said as he greeted a supporter who had just walked through the door.

Cheers arose when a television news broadcast projected onto a big screen displayed Mirkarimi’s 10-point lead, and the candidate decided it was time to make an announcement. He thanked the people who worked on his campaign, but stressed that it wasn’t over yet. We captured the moment on film:

http://www.youtube.com/watch?v=OZP1MAjRRpA
Video by Rebecca Bowe

Mirkarimi likes where it’s going

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At the Carnelian by the Bay behind the Ferry Building, District 5 supervisor Ross Mirkarimi seemed like a guy who didn’t want to speak too soon.

But the cheers and hugs from supporters  — and the smile spreading across his face — reflected polling results so far.Mirkarimi was ahead by 10 points.

“This isn’t over yet,” he said. “But I like where it’s going.”

Sen. Mark leno was more direct, saying, “I think you are the next sheriff of San Francisco.”

With 100 percent (sort of) counted …

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With 100 percent of the vote in — sort of — the election is shaping up this way:

Barring a real surprise, Ed Lee will win a four-year term.

Ross Mirkarimi is positioned 10 points ahead of Chris Cunnie, and ought to survive the RCV count to win the sheriff’s race.

George Gascon is too far ahead to catch.

The turnout was a miserable 31 percent.

That’s tonight, though — I’m getting reports that a lot of precincts had a lot of election-day absentees turned in. That could bump the turnout a few points — and since election-day absentees tend to break roughly the same as election-day votes, it will help Mirkarimi.

John Avalos really showed the strength of the progressive vote tonight and established himself as a leader in the movement. He and his campaign have a lot to be proud of; he lacked the big money and IE efforts that the other candidates had and he ran an impressive campaign. But without the type of early-voting effort that the Lee campaign had, it appears there was no way anyone could win this race.

That’s part of the lesson for progressives — the Avalos campaign surged in the last two weeks, but it was already too late. Those early votes can be decisive, and tonight, it appears they were.

 

 

 

New mumbers: Mirkarimi, Avalos surge

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The next round of numbers are in, and the first clear trend is the Ross Mirkarimi is surging. Mirkarimi is 36 percent, to 28 percent for Miyamoto — but when you back out the absentee vote, he’s getting 45 percent of the election-day votes. Cunnie is going to finish second. If turnout is good, Mirkarimi’s in very good shape.

The mayor’s race is tightening up quite a bit, but Lee is still well ahead. He’s at 33 percent with Avalos at 16 percent — but here’s what’s interesting. In the election day (non absentee) votes, Avalos has gained 11,416 votes; Lee has gained 14,225. So in terms of the election day turnout, Avalos is only a few thousand votes behind.

Herrera, in third, has picked up 5,640 votes on election day.

So right now it looks like Lee first, Avalos second — and if Lee finishes with more than 30 percent, it’s going to be hard for anyone to catch him.

The first numbers

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The absentees are in, and it’s no surprise that Mayor Ed Lee is in the lead. In fact, he’s way in the lead — he’s got 39 percent of the 67,000 absentees. I expected him to have a big advantage here, since he did a lot of early GOTV.

Worth noting: John Avalos, the most progressive of the major candidates, is in second in the absentees. That’s a very good sign for the Avalos campaign. But Lee is almost 20,000 votes ahead of Avalos and Dennis Herrera, and that, folks, will be very hard to make up.

The district attorney’s race is over; George Gascon has won.

The sheriff’s race is interesting; Ross Mirkarimi — again, the most progressive candidate — is actually ahead in what is looking like a very conservative absentee vote. He’s only got a slight lead over Chris Cunnie (31.7 percent to 31.4 percent, a total of a couple hundred votes) but that margin will grow as the night moves on. Mirkarimi, it appears, will finish first.

Here’s why I say it’s a conservative absentee turnout: The sales tax, Prop G, is losing 57-42 and Prop. H, the neighborhood schools measure, is ahead 58-41. Both results suggest a strong westside turnout in the absentees.

I’m surprised that Mirkarimi is doing so well with this bunch.

And I’m a little surprised that Prop. C (the “consensus”) pension reform is so far ahead of Prop. D (the Adachi pension reform). Even in the conservative areas, C is leading by 7 percent.

By the way, the school and street bonds have won. If they’re over 66 percent (and both are) in this batch of votes, they’ll win handily.

 

Election night coverage and parties

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As always, the Guardian will have a team of reporters in the field tonight covering the election parties and doing regular posts here on the Politics blog, where Executive Editor Tim Redmond will also be analyzing the results as they come in. But if you want to get out there mix and mingle with the campaigns yourself, here’s a list of the parties around San Francisco, most of which start around 8:30 and last until around 11. 

John Avalos for Mayor, Roccapulco, 3140 Mission St.

Dennis Herrera for Mayor, Club Mighty, 119 Utah St.

Leland Yee for Mayor, Rasselas Jazz Club, 1534 Fillmore St.

Jeff Adachi for Mayor, Harbour Court Hotel 165 Steuart St.

David Chiu for Mayor, Rendezvous Tapas, 2080 Van Ness

Bevan Dufty for Mayor, Don Ramon’s Mexican Restaurant, 225 11th St.

Ed Lee for Mayor, Tres, 130 Townsend St.

Tony Hall for Mayor, Campaign HQ, 99 West Portal Avenue

Joanna Rees for Mayor, Eastside West, 3154 Fillmore

Michela Alioto-Pier for Mayor, The Brick  Yard, 1787 Union St.

League of Pissed Off Voters, El Rio, 3158 Mission St. (mayoral candidate Terry Baum in attendance)

Yes on A, Mercury Lounge, 1582 Folsom St.

Yes on C/No on D, Slim’s, 333 11th St.

David Onek for DA, Pilsner Inn, 225 Church

Sharmin Bock for DA, Yoshi’s Jazz Club, 1330 Fillmore

Bill Fazio for DA, Tony Nik’s Cafe, 1534 Stockton

George Gascon for DA/Chris Cunnie for Sheriff, Delancey Street, 600 The Embarcadero

Ross Mirkarimi for Sheriff, Carnelian by the Bay, 1 Ferry Plaza

Paul Miyamoto for Sheriff, Pete’s Tavern, 128 King Street

 

Miyamoto and jail abuse

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A new video produced by lawyer Ben Rosefeld includes disturbing footage of deputy sheriffs under the supervision of Paul Miyamoto using excessive force on peaceful protesters. It reflects charges in a 2007 lawsuit against the city — and evidence collected in that case shows that Miyamoto, now a captain in the department and a candidate for sheriff, was an active participant in the alleged misconduct.

The lawsuit is a result of a protest that took place in June, 2004, when activists were demonstrating against a biotech conference in the city. Protesters dressed as mutant animals marched through the streets, and 17 were arrested and taken to the county jail.

The protesters declined to give their names — and at some point, sheriff’s deputies were directed to remove them from a holding cell.
As the video — taken by the Sheriff’s Department and released as part of the lawsuit — shows, the deputies used physical force to pull the protesters out of the cell. The protesters were holding on to each other — and in some cases, the level of force used certainly appears excessive.

Remember: These were nonviolent activists who never threatened the deputies or gave any sign that they were dangerous.

Miyamoto, then a sergeant, both supervised and participated in the removal. In a legal document responding to questions from Rosenfeld, who represented the protesters, Miyamoto said that he, along with another sergeant, had developed the extraction plan and “became physically involved in the cell extractions on more than one occasion.”

I called Miyamoto and sent him a copy of the video. He told me that he was, indeed, involved and said the video was “a fair representation” of what happened.

“I stand by out decision that night,” he told me, saying he didn’t see anything in the video that bothered him or that was inappropriate.

“Our job was to get them out individually, and we took great pains not to harm anybody,” he said.

The lawsuit charged that some of the protesters were seriously injured during the extraction. It was settled when the city agreed to pay $25,000.

Sup. Ross Mirkarimi, who is running for sheriff, told me that the video was, indeed, disturbing. “I think it speaks for itself,” he said, adding that he didn’t think the tactics were appropriate.

“This is why we need an independent sheriff who isn’t connected to the Deputy Sheriff’s Association,” he said.

Lee benefits from vetoing health care reform

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Downtown groups that pressured Mayor Ed Lee to veto legislation that would have prevented businesses from raiding their employees’ health savings accounts have been funneling big bucks into independent expenditure campaigns formed to keep Lee in the Mayor’s Office.

Meanwhile, the Board of Supervisors today strengthened a weak alternative to the vetoed legislation by Board President David Chiu, which it then continued for two weeks. The amendments by Sup. Malia Cohen were unanimously approved by the board, but her five allies in supporting the vetoed legislation – David Campos, John Avalos, Ross Mirkarimi, Jane Kim, and Eric Mar – preferred that the measure be returned to committee for more analysis, losing on a 6-5 vote.

“We need more time to understand the implications of the amendments. We’re not sure if it actually closes the loophole,” Campos, the vetoed measure’s sponsor, said of provisions in the Health Care Security Ordinance – the city’s landmark measure that required employers to provide some health coverage to employees – that allowed businesses last year to pocket more than $50 million from health savings accounts they created for their employees.

One Cohen amendment specifically addressed one of the more egregious violations – restaurants that charge customers at 3-5 percent surcharge for employee health care and than pocket that money at the end of the year – which Chiu had addressed only by calling for more scrutiny of the tactic by the Office of Labor Standards. She also would require businesses to keep two years worth of contributions in the account, rather than the one year sought by Chiu to address the so-called “January problem” of businesses draining the account at the end of every year and leaving nothing for employees who get sick or injured at the start of the year.

It was perhaps a sign of the heat that Lee took from labor and consumer groups for his veto that he quickly issued a press release today praising the supervisors for addressing the issue. “I applaud President Chiu, Supervisor Cohen, organized labor, small business owners, and the Department of Public Health for finding the solutions to this important public policy that can strengthen our City’s landmark Health Care Security Ordinance. By closing the loophole through these proposed amendments, we can increase access to health care, protect jobs in our small businesses and protect consumers while growing our economy at the same time,” it read.

But Lee appears to have already benefited from heeding the demands of downtown – particularly the San Francisco Chamber of Commerce and Golden Gate Restaurant Association (GGRA) – who made defeating the Campos legislation a top priority, casting it as a new “fee” that would drain $50 million from the local economy.

The San Francisco Alliance for Jobs and Sustainable Growth PAC, created by notorious downtown bagman Jim Sutton, is the best-funded on the four independent expenditure groups that are supporting Lee, taking in $390,000 this fall, including $27,000 from the GGRA and $25,000 from the Chamber’s SF Forward group. Both groups also support the Committee on Jobs, which kicked in $110,000 to the Alliance campaign. GGRA also gave another $10,000 to the pension reform campaign that Lee is pushing, support the Chamber had threatened to withhold if the Campos measure was approved.

GGRA Executive Director Rob Black denied this was pay-to-play politics, noting that the Alliance is also supporting DA George Gascon, Sheriff candidate Chris Cunnie and two ballot measures. “But absolutely, the mayor’s name is on there and the organization voted to endorse him,” Black said.

GGRA voted in August to endorse Lee, Chiu, and Michela Alioto-Pier for mayor. Black said the organization is “generally supportive of Sup. Chiu’s approach to reforming the Health Care Security Ordinance,” and Black specifically said it supports improving requirements that businesses notify employees about the health savings accounts and how to use them.

The GGRA led the original fight against the HCSO in 2006, which was sponsored by then-Sup. Tom Ammiano, who lined up a veto-proof majority on the progressive-dominated board and eventually persuaded then-Mayor Gavin Newsom to support it. The measure created the Healthy San Francisco program and required employers to spend a minimum amount per employee on health care, although federal ERISA law bars cities from prescribing how that money is spent.

GGRA challenged the employer mandate all the way to the U.S. Supreme Court on the grounds that it violated ERISA, losing the case. Many of its members restaurants then opted to use health savings accounts rather than paying into Healthy San Francisco or private health insurance, even though health experts say such accounts are the worst option.

Campos and his allies have maintained that money in these health savings accounts belongs to employees and that businesses that use and raid them gain an unfair competitive advantage at the expense of their employees, customers, and city taxpayers, who are often forced to foot the bill for the uninsured.

Campos and the coalition that supports him has said they may take this issue to voters if the Chiu/Lee legislative fix doesn’t address their concerns.

SF supervisors support OccupySF’s 24/7 encampment

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The San Francisco Board of Supervisors today approved a resolution supporting Occupy Wall Street and the right of OccupySF to maintain a 24/7 encampment in Justin Herman Plaza, although sponsors of the measure narrowly lost a fight over amending the measure to allow police to use force if “there is an objective threat to safety or health.”

The sponsors of the measure – Sups. John Avalos, David Campos, Eric Mar, and Jane Kim – noted that heath and safety concerns were used as a pretext for both police raids on OccupySF and for last week’s violent police crackdown on the Occupy Oakland encampment, something San Francisco officials uniformly say they want to avoid here. Those four sponsors were joined by Sup. Ross Mirkarimi in opposing the amendment by Sup. Scott Wiener, which passed on a 6-5 vote.

But the overall measure – which urges Mayor Ed Lee to drop his opposition to tents and other camping infrastructure and not order another police raid on the camp – was then approved on an 8-3 vote, with Sups. Mark Farrell, Carmen Chu, and Sean Elsbernd in dissent. Farrell and Chu both expressed support for the movement’s call for addressing severe economic inequities in the country, but they oppose the tactic of occupation.

Board President David Chiu, the swing vote on allowing the resolution to be watered down, said his vote was an effort to get as much support for the measure as possible. “For me, it was important to build consensus here at the board,” he said, praising the work that city officials and OccupySF participants have done to resolve their differences. “I have been very impressed with the behavior of individuals involved in this movement.”

Wiener had made a number of amendments to the resolution that Avalos accepted without objection, drawing the line only at the change that would specifically allow for police to use force to dislodge the protesters. While the nonbinding resolution doesn’t compel any action by Lee or the SFPD, Avalos praised the mayor for meeting privately with OccupySF members after he seemed to take a firm public stand again allowing camping.

“I do want to thank the mayor for coming to the table on how our public spaces can be used,” Avalos said. Kim echoed the point, noting that, “A ton of progress has been made.” The Mayor’s Office has not yet responded to Guardian requests for comment on the resolution or his current position on OccupySF, but we’ll update this post when we hear back.

Wiener and others also thanked Avalos for taking the lead role in addressing this issue. “I want to thank Sup. Avalos for being so open and collaborative,” Wiener said, noting that he’s been very impressed with how OccupySF has handled itself throughout the standoff. “I’m very supportive of OccupySF…It’s been incredibly peaceful and people have been friendly and passionate.”

Kamala Harris likes Bob Marley and Chris Cunnie

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My Sublime station on Pandora just got interupted by California Attorney General Kamala Harris, telling me that she likes Jay Z, Bob Marley, and Chris Cunnie.

It was sponsored by the latter’s Sheriff campaign. I’m not surprised by the Cunnie part, but Bob Marley? With that kind of musical taste, you’d think Kamala would take a stronger stand in defense of California’s medical marijuana laws.

Bob would certainly be disappointed that she’s not standing up for our rights — and he’d probably back Ross Mirkarimi, who created San Francisco’s successful framework for dealing with the pot clubs.

SF’s foreclosure crisis

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OPINION Foreclosures are still ravaging San Francisco neighborhoods.

As steward of the city’s property roll and head of the department that appraises every home in San Francisco, I see every day the toll the mortgage crisis is having on real estate values and the city budget.

Thousands of Notices of Default have been filed with my office in the last few years, and every Monday there’s a vivid reminder San Francisco is far from out of the woods on foreclosures as homes are auctioned off on the steps of City Hall.

Two Mondays ago, lifelong Bayview-Hunter’s Point resident Curtis Warren’s home — which my office assessed to be worth $165,000 — was scheduled to be auctioned because he had fallen behind on a $15,000 debt.

Imagine having your home foreclosed upon over a loan less than 10 percent of the value of the property. Imagine a family in your neighborhood being put on the street and a home in your community sitting vacant under such circumstances.

Fortunately, the foreclosure sale of Curtis’s home was canceled. Curtis is a member of the Alliance of Californians for Community Empowerment (ACCE) — a grassroots organization working to help victims of the mortgage meltdown.

Unfortunately, cases like Curtis’s are all too common. That is why I am fighting foreclosure as your Assessor-Recorder and working to get Sacramento to act, too.

ACCE recently published startling findings in their “The Wall Street Wrecking Ball” report.

San Francisco homeowners are estimated to lose $6.9 billion in property values as a result of foreclosures.

Foreclosure costs San Francisco government an estimated $42 million in lost revenue.

Local government spends an additional $19,229 on increased safety inspections, police and fire calls, and trash removal and maintenance for every foreclosure. This costs San Francisco $73 million.

San Francisco LITERALLY cannot afford this foreclosure crisis, which is why I have joined with Supervisors John Avalos, Malia Cohen and Ross Mirkarimi in support of the following plan of action:

A foreclosure fee to ensure banks pay their fair share: The city should charge a $10,000 to $20,000 fee per foreclosure to defray loss of home values and costs to taxpayers. This fee would raise roughly $2 billion to $4 billion over the next year to partially reimburse local governments.

A strong AG settlement. Any agreement between banks and the 50 attorneys general must include 1) a monetary settlement commensurate with the harm caused by banks; 2) limited release of bank liability; 3) principal reductions fairly distributed to communities hardest hit by predatory lending and foreclosure; and 4) homeowner restitution for irresponsible and illegal foreclosure practices.

Stop preventable foreclosures: The city should require court-based mediation programs to help homeowners modify loans and end the “dual track” process, whereby banks continue foreclosure proceedings while simultaneously negotiating loan modifications.

Wall Street must pay for foreclosure-related blight: Banks must maintain and pay for the cleanup of blighted, vacant homes in neighborhoods.

As long as our economy and housing market is being hampered by foreclosures caused by banks and Wall Street, we must continue to fight for common-sense solutions that protect our neighborhoods and the city.

Phil Ting is assessor-recorder of San Francisco.

Feds crack down

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steve@sfbg.com

HERBWISE Reversing its previous pledge to abide people’s rights to legally obtain medical marijuana in California and the 14 other states that have legalized it, the Obama Administration has launched a crackdown on the industry using several different federal agencies.

During an Oct. 7 press conference in Sacramento, California’s four U.S. attorneys announced their intention to go after the industry with raids on large-scale growing operations and big dispensaries and civil lawsuits targeting the assets of people involved in the cannabis business.

“We want to put to rest the notion that large marijuana businesses can shelter themselves under state law,” Melinda Haag, the U.S. attorney for Northern California, based here in San Francisco, said at the press conference.

That pronouncement is just the latest in a series of federal actions against those involved with the production and distribution of California’s top cash crop, an industry that the California Board of Equalization estimates to be worth about $1.3 billion in tax revenue annually. Sources in the medical marijuana business say the crackdown began quietly this summer.

Hundreds of dispensaries and other medical marijuana operations had their bank accounts shut down after the Treasury Department contacted their banks and warned them of sanctions for doing business with an industry that remains illegal under federal law. The Internal Revenue Service last month also notified many large dispensaries — including Harborside Health Center in Oakland, the largest in Northern California — that they cannot write off normal business expenses and must pay a 35 percent levy on those claims going back for three years.

Harborside’s Steve DeAngelo told us that would put Harborside — or any company with high overhead costs — out of business. “This is not an effort to tax us, it’s an effort to tax us out of existence,” he said, noting that Harborside paid the city of Oakland $1.1 million in taxes this year. In addition, the Department of Justice recently began sending 45-day cease-and-desist letters to hundreds of dispensaries around the state, including at least two in San Francisco, warning the clubs and their landlords that the operations violate federal law and could be subject to federal laws on the seizure of assets from the drug trade.

“It’s a multi-agency federal attack on patients’ access to this medication,” DeAngelo said. “It’s going to drive sick and dying patients back out onto the street to get their medicine.”

Haag claimed the state’s medical marijuana laws, which California voters approved back in 1996, have been “hijacked by profiteers.” Yet both local officials and people in the industry say that characterization is ridiculous, and that the federal government’s new stance will destroy an important industry — one that is very professional and well-regulated in San Francisco — and send legitimate patients back into the black market.

“I think it’s a step in the wrong direction and counter-intuitive to the Obama Administration’s contention that he would respect state’s rights,” said Sup. Ross Mirkarimi, who authored groundbreaking legislation regulating San Francisco’s two dozen dispensaries, a system that he said “is working well…But now the federal government is pulling the rug out from under us.”

Shortly after taking office in 2009, the Obama Administration released the “Ogden memo,” written by Deputy Attorney General David Ogden, stating the federal government would respect the rights of states to legalize and regulate medical marijuana. It was seen by cannabis activists as a sign that Obama was de-escalating the war on drugs, at least as it applied to marijuana.

But in June of this year, the DOJ release the “Cole memo,” by Deputy Attorney General James Cole, which it said “clarifies” the Ogden memo. In fact, it reversed the position, stating unequivocally that federal marijuana prohibition prevails and “state laws or local ordinances are not a defense to civil or criminal enforcement of federal law with respect to such conduct.”

“They’re bringing the hammer down,” said David Goldman, who works for Americans for Safe Access and sits on San Francisco’s medical marijuana task force. “This is not U.S. attorneys doing this on their own, this is coming from the top levels of the DOJ.”

Actually, Goldman and others suspect it goes even higher than that, right to Obama and his political team, who appear to be making a calculation that cracking down on medical marijuana is a good move before an uncertain reelection campaign.

“It’s political. It’s all about Obama appealing to the middle to win reelection,” Goldman said.

“I don’t think there’s any rational basis for what’s going on. It was clearly a political calculation,” DeAngelo said. “Why do they think it’s better for patients to buy their medicine from the black market?”

He said the crackdown will bolster the Mexican drug cartels, destroy a thriving industry that provides jobs and pays taxes, hinder efforts at better quality control and growing conditions (see “Green buds,” Aug. 16), and waste law enforcement resources to seize and destroy a valuable commodity.

“It’s a policy with all downsides and no upsides,” DeAngelo said.

Mirkarimi said that this crackdown could finally force cannabis activists to take on the federal prohibition of marijuana directly: “Bottom line, marijuana is the United States needs to be reformed so it’s not a Schedule 1 drug,” referring the federal government’s conclusion that marijuana is a dangerous drug with no medical applications.

But for now, DeAngelo said the industry will fight back: “We will fight it in the legal system, we will fight it in the court of public opinion, and we will appeal to Congress.”

Will Mayor Lee veto legislation that helps workers and protects consumers?

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After the Board of Supervisors today voted 6-5 to bar San Francisco businesses from pocketing money they and their patrons set aside for employee health care, Mayor Ed Lee faces a tough but telling choice: Whether to heed business community demands that he veto legislation that has wide labor and consumer support.
A veto is widely expected, but complicating that decision is the position that was staked out today by one of his main rivals as a mayoral candidate, Leland Yee, who issued a statement echoing supporters claims that this is an issue of workers’ rights and consumer protection versus corporate greed: “This is a defining issue of who we are as a city. If Ed Lee vetoes this legislation, one of my first acts as Mayor will be to reverse his veto and sign this legislation into law.”
Neither Lee’s mayoral nor campaign spokespersons answered a Guardian email about whether he will veto the measure, which would kill it unless two supervisors who opposed the measure (David Chiu, Sean Elsbernd, Mark Farrell, Carmen Chu, and Scott Wiener) break ranks, which is unlikely given the polarization on this measure. San Francisco Chamber of Commerce officials have made a top priority of killing the measure, even threatening to withdraw support from Prop. C, the pension reform measure that they helped create with Lee.
At issue is the roughly $50 million per year that San Francisco businesses have been taking from health savings accounts they create for employee health care – funds that are often subsidized by 3-5 percent surcharges that many restaurants have chosen to tack onto their customers bills – under legislation that then-Sup. Tom Ammiano created to require employers to provide health care coverage for their employees.
The position of the Chamber – which fought Ammiano’s legislation and supported years of unsuccessful lawsuits challenging it – is that this $50 million “loss” to city businesses would be a “job killer.” Chiu has also accepted that paradigm and introduced legislation that would let businesses use that money, but require them to let employees know they can tap into it and other reforms. But supporters of the legislation say these businesses are deceiving their customers, defying city law, and stealing from their employees.
“People have tried to complicate this issue, but it is a simple issue. It’s about the right of workers to have health care,” Sup. David Campos, the author of the legislation, said at today’s hearing.
Campos said he would limit his comments, given how widely the issue has already been discussed, and he announced a limitation on how long employees could tap the fund after their termination “in the spirit of compromise.” But then opposing supervisors attacked the measure, its timing, and supporters’ refusal to “compromise,” with Elsbernd chiding Campos that his legislation is “not the best way to encourage jobs.”
So Campos went into more detail about why his measure was needed, noting that Chiu’s alternative would cap an employee’s access to health care at just $4,300, far less than the cost of a night’s hospital stay and a small fraction of the cost of a serious ailment. “You’re looking at a situation where very little could be provided for them,” Campos said.
He also said how important it is to ban the fraudulent practice of restaurants charging customers for employee health care costs and then simply keeping the money, a practice that a recent Wall Street Journal investigation discovered was widespread. Campos said 80 percent of the money collected on diners’ bills is pocketed by the restaurants.
“When consumers are paying for this, the expectation is that workers will have basic coverage,” Campos said, noting that his legislation would guarantee that “every cent that that consumer pays is actually spent on health care…This is not just about workers, it’s about consumer protection.”
Even worse, Campos noted that these consumers are actually paying twice for restaurant employees’ health coverage, first on their dinner bills, and then again as taxpayers when those uninsured employees end up in General Hospital with their expenses paid for by the city.
Under the federal ERISA law – which was the basis for the failed lawsuit challenging the city program, brought primarily by the Golden Gate Restaurant Association – the city cannot tell employers how to provide health coverage, and so they have the option of providing health insurance, paying into the city’s Healthy San Francisco plan, or providing the medical savings accounts that this legislation addresses.
Sup. Jane Kim said she supported the legislation largely because of the horror stories she’s heard from employees who not only weren’t told of the existence of these accounts, but who were denied payment for medical procedures even after they learned about them. She also said the city could be vulnerable to another ERISA lawsuit if it took Chiu’s approach of directing how businesses used their funds, citing an earlier discussion of the board’s role in protecting the city from litigation.
On that issue, Kim today introduced an alternative to legislation by Farrell and Elsbernd that would end the city’s program of providing matching funds to publicly financed mayoral and supervisorial candidates once their privately financed competitors break the spending cap. The US Supreme Court recently ruled a similar program in Arizona to be unconstitutional.
The Chamber and other downtown groups – mostly supporters of Mayor Lee, who are close to breaking the spending limits – had signaled their intent to sue the city over the issue. The Farrell/Elsbernd legislation, which needed eight votes to change the voter-approved program, today failed on a 6-5 vote, with Sups. Campos, Kim, John Avalos, Eric Mar, and Ross Mirkarimi opposed.

Progressives battle downtown over economic and political reforms

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Battles between progressive members of the Board of Supervisors and downtown power brokers such as the San Francisco Chamber of Commerce defined City Hall politics for much of the last decade, until the new politics of “civility” and compromise took hold this year, a dynamic that has favored downtown interests. But now, a pair of important, high-profile issues headed to the full board on Tuesday has revived the old dynamic. And in both cases, wealthy interests are putting enormous pressure on the board.

The first involves a proposal – put forward by Sups. Sean Elsbernd and Mark Farrell, the two most conservative supervisors – to gut the city’s system for publicly financing campaigns because downtown is threatening a lawsuit. They propose to end San Francisco’s program of giving publicly financed candidates more money when a privately funded candidate exceeds the spending cap because the Supreme Court recently struck down similar provisions in Arizona.

This week, after convening in closed session to discuss the threat of litigation by downtown groups, the board voted 7-3 – with Sups. David Campos, Jane Kim, and Eric Mar opposed, and Sup. Ross Mirkarimi absent because he rushed out to large structure fire in his district – for the Elsbernd/Farrell measure, one vote short of the supermajority needed to amend the current city law.

Campaign finance reform advocates such as Steven Hill argue that it’s unfair to modify the city program right in the middle of an election season in which Mayor Ed Lee and the wealthy independent expenditure groups supporting him are poised to spend millions of dollars to defeat a large field of mostly publicly funded mayoral candidates.

Hill and his allies are appealing to Mirkarimi – who told the Chronicle that he is leaning toward supporting the amendment when the measure returns to the board on Tuesday – not to support what they consider an overly broad capitulation to downtown’s threats. They’re also lobbying Sup. John Avalos to switch his vote, while downtown players are putting the screws to supervisors as well.

In an interview with the Guardian, Mirkarimi clarified his stance, noting that he was the sponsor of the original public financing law and his goal is to protect it, even if it needs to be modified to withstand a legal challenge. “I’m looking for alternatives to fortify San Francisco’s program,” he told us, noting that he missed some of this week’s discussion and he’s hoping something can be done to retain provisions that level the financial playing field with wealthy candidates.

Meanwhile, downtown forces are pulling out the stops to kill Sup. David Campos’ legislation that would prevent San Francisco businesses from pocketing money they set aside for their employees’ health care under a city mandate that they provide health coverage – totaling about $50 million last year – legislation that gets its first hearing tomorrow (Friday/30) at 10 am.

Board President David Chiu has put forward competing legislation that is more to the Chamber’s liking, letting businesses (mostly restaurants that are even placing surcharges of customers’ bills, ostensibly to subsidize their legal obligations) keep the money. But Campos and his labor allies believe they have the six votes they need to pass the legislation, thanks largely to moderate Sup. Malia Cohen’s pledge to support the measure.

While even some supporters have quibbled with the timing of this measure, Campos notes the urgency of keeping money intended for workers in their hands. “It’s an outrage and the longer we wait, the worse it gets,” Campos tells us, noting that the practice, “is what many of us consider fraud.”

Unfortunately, even if the board approves the measure this Tuesday, it will still need the signature of Mayor Lee to become law. While he hasn’t formally taken a position, given that his political base is the downtown crowd, he’s expected to veto the measure. But we’ll ask him about it tomorrow when he’s scheduled to meet with the Guardian for an endorsement interview at 2 pm.