San Francisco Chronicle

Chronicle accepts award and cash from anti-immigrant group

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By Steven T. Jones and Sarah Phelan

San Francisco Chronicle reporter Jaxon Van Derbeken recently accepted an award and cash prize (he refuses to say how much) from the Center for Immigration Studies – which a Southern Poverty Law Center report in February 2009 criticized for its overtly racist roots and extreme anti-immigrant agenda – for his controversial articles on San Francisco’s Sanctuary City policies.

CIS paid for Van Derbeken to accept the award at the National Press Club and conservative Chronicle columnist Debra Saunders to introduce him earlier this month, an appearance they used to make derogatory comments about San Francisco, its values, and local immigrant rights activists, while saying little to rebuke the group for stirring up hateful nativist furor around what has become perhaps the country’s most divisive issue.

Van Derbeken and Ken Conner, the Chron’s assistant managing editor for news (who the reporter consulted before accepting the award), told the Guardian that they see nothing wrong with accepting the award and they don’t see it as validating the views of a group that has been desperately seeking mainstream credibility with which to push its anti-immigrant agenda.

“No one should mistake their decision to endorse my work for my endorsement of theirs,” Van Derbeken wrote via e-mail in response to questions, although he wouldn’t offer an opinion on the CIS agenda. He said he was unaware of the SPLC report when he accepted the award, and now that he’s seen it, he wrote, “I haven’t drawn any conclusions about it.”

Conner also dismissed concerns that accepting the award and its cash supplement amounts to validating the group and letting it benefit from the Chronicle name. “We don’t think that’s true. They gave us this award. We didn’t seek it,” Conner told us.

Vote on resolution to drop SF8 charges is postponed

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By C. Nellie Nelson

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

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

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

‘Nero’ sandwich

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Danny Scheie, from left, and Kasey Mahaffy appear in the world premiere of You, Nero. Photo by Henry DiRocco.

By Kimberly Chun

After its extended production of The Lieutenant of Inishmore and now You, Nero, Berkeley Rep is starting to feel like your one-stop spot for chuckle-inducing high jinks. The latest offering aims a little lower, and loftier, than Martin McDonagh’s allegorical gore fest centered on Northern Ireland’s Troubles: Pulitzer-nominated local playwright and Stanford artist-in-residence (and San Francisco Chronicle movie critic Mick LaSalle’s spouse) Amy Freed trains her focus on one of the more notorious rulers of all time, Nero, a pint-sized sociopath who occasionally threatens to overrun Berkeley Rep’s intimate Thrust Stage with his whimsical mayhem and murder.

Danny Schiele brings a crazy-eyed, strutting, tummy-first egotism to his role as Nero as theatrical patron – a perspective that brings to mind that other dictator who fancied himself an artist, Adolf Hitler. We approach the meglomaniac through the prismatic gaze of hack playwright Scribonious (Jeff McCarthy), hired by the emperor to stage a spectacle in tribute to his decadent, violent rule. The catch: politics in imperial court are hell. First Nero’s smothering mistress Poppaea (Susannah Schulman) then his lover-like mother Agrippina (Lori Larsen) must have their say, before the compromised courtiers weigh in with an agenda of their own. Gladiatorial acts of empty but deadly combat morph into an all-too-familiar form of idol worship – **American Idol** style.

Freed’s lampoon of contemporary entertainment tends toward the Borscht Belt, often coming off as broad and brassy as centurion armor, yet she succeeds in drawing cringe-edged laughs with the jokes ala Nero’s ebullient “Another ottoman from the Ottoman Empire!” It helps to have a cast as adept and likeable as this one, with players like Kasey Mahaffy standing out as the cross-dressing castrati Fabiolo.

YOU, NERO
Through June 28.
Tues., 8 p.m.; Wed., 7 p.m.; Thurs. and Sat., 2 and 8 p.m.; Sun., 2 and 7 p.m.; $13.50-$71
Berkeley Repertory Theatre
Thrust Stage, 2025 Addison, Berkeley
(510) 647-2949

Prison report: 3,600 layoffs — and WHAT programs?

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By Just A Guy

Editors note: Just A Guy is an inmate in a California state prison. You can read some of his past columns here, here, and here. He will try to respond to all comments and questions, but since it’s often hard to communicate from prison, it may take a while, so be patient.

I was gratified to see that Arnold is, supposedly, laying off 3,665 correctional officers and correctional employees. While I don’t wish anything bad on the employees or their families, I do feel it’s about time something like this was done and it sets the stage for releases. Not only that, but people out there seem to forget that government shouldn’t be immune to the harsh realities of rough economic times. Any business worth its salt would have laid off lots of people long ago and eradicated redundancies, unproductive workers, and unproductive positions. A normal business that is run well also takes inventories, which, I really don’t think California does in any measure. California really needs a six sigma methodology, BAD. Ask Meg Whitman, she was the CEO of eBay and is planning to run for governor, Meg said she would lay off at least 30,000 workers. Hmmm.

This is from the San Francisco Chronicle:

Lance Corcoran, a spokesman for the prison guards’ union, said the union doesn’t know how many guards will be laid off. He blasted the inmate–release proposal.

“This short-term savings is going to have long-term costs, and the costs will be measured, unfortunately, in lives,” Corcoran said. “I anticipate some incredibly sensational crime committed by an individual that should have been incarcerated.”

I understand that it’s Corcoran’s job to ridicule anything the California Correctional Peace Officers Association sees as a threat to its ability to protect union members and their jobs, but I think it’s really funny that he’s saying that some sort of sensational crime will be the result of releases. Corcoran seems to think that the general public is so naïve (or are they?) as to not realize that any person being released is going to get out anyway!

The fact that a person was released early has absolutely nothing to do with whether or not he or she commits another crime, sensational or not. Obviously another scare tactic perpetuated by the CCPOA with no counter point to Corcoran’s assertion offered by the Chronicle — imagine that. (And why is it that the mainstream news media always seems to quote the CCPOA on prison issues — but rarely talks to, say, prisoners rights groups, or anyone else, for the other side of the story?)

Solomon: Obama and Anti-War Democrats

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Norman Solomon, the author of a dozen books including “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death,” was an elected Obama delegate to the Democratic National Convention. He is on the advisory board of Progressive Democrats of America. For more information, go to: www.normansolomon.com.

Obama and Anti-War Democrats

By Norman Solomon

In mid-June, a warning shot from 1600 Pennsylvania Avenue landed with a thud on Capitol Hill, near some recent arrivals in the House. The political salvo was carefully aimed and expertly fired. But in the long run it could boomerang.

As a close vote neared on a supplemental funding bill for more war in Iraq and Afghanistan, the San Francisco Chronicle reported that “the White House has threatened to pull support from Democratic freshmen who vote no.” In effect, it was so important to President Obama to get the war funds that he was willing to paint a political target on the backs of some of the gutsiest new progressives in Congress.

Layoffs at the San Francisco Chronicle

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By Steven T. Jones

Hearst dropped the hammer on the San Francisco Chronicle this morning, laying off 20 people in the newsroom, including award-winning veteran writers Susan Sward and Jane Kay. SFist was the first up with a fairly complete list, which our sources at the Chron has confirmed is accurate.

The layoffs follow voluntary buyouts that dozens of Chron employees took, including political writer John Wildermuth. Most of the terminations, both the layoffs and buyouts, go into effect at the end of the month. Although Chron employees knew this was coming, it was still tough blow to morale at the paper.

An employee meeting to discuss the news has been set for 4:30 pm. We’ll have more on this story as it develops.

Bailout money — for newspapers?

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By Tim Redmond

Check out Nancy Pelosi on the Daily Show with Jon Stewart. SHe looks pretty bad, has no sense of humor, etc, etc, but here’s the fun part:

At one point, Pelosi says that “newspapers” have been calling her, asking for federal TARP bailout money.

Now, I wonder which “newspapers” that might be.

We know Hearst — in the person of Phil Bronstein — has met with Pelosi, and that Pelosi has talked about relaxing antitrust rules for newspapers. Did Bronstein or someone else at Hearst also ask for federal money to support the ailing Chron?

I dunno — Pelosi’s press office hasn’t called me back to say whether she will identify the “newspapers” that have contacted her. I haven’t heard back from Bronstein, either.

I suppose it’s not out of the question — if the taxpayers can bail out AIG and General Motors, why not the San Francisco Chronicle? But would Obama then want to fire the publisher?

Law vs. Justice

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steve@sfbg.com

City Attorney Dennis Herrera relishes his reputation as a crusading reformer. For several years, his official Web site prominently displayed the phrase "Activism defines SF City Attorney’s Office," linked to a laudatory 2004 Los Angeles Times article with that headline.

"Doing what we can do to ensure civil rights for everyone is not something we are going to back away from," was the quote from that piece Herrera chose to highlight on his homepage, referring to his work on marriage equality. The article also praises the City Attorney’s Office practice of proactively filing cases to protect public health and the environment and to expand consumer rights.

But more recently the City Attorney’s Office also has aggressively pushed cases that create troubling precedents for civil rights and prevent law enforcement officials from being held accountable for false arrests, abusive behavior, mistreatment of detainees, and even allegedly framing innocent people for murder.

Three particular cases, which have been the subject of past stories by the Guardian, reveal unacceptable official conduct — yet each was aggressively challenged using the virtually unlimited resources of the City Attorney’s Office. In fact, Herrera’s team pushed these cases to the point of potentially establishing troubling precedents that could apply throughout the country.

Attorney Peter Keane, who teaches ethics at Golden Gate University School of Law and used to evaluate police conduct cases as a member of the Police Commission, said city attorneys sometimes find themselves trapped between their dual obligations to promote the public good and vigorously defend their clients. "Therein lies the problem, and it’s a problem that can’t be easily reconciled," he told us.

"A lawyer’s obligation is to give total loyalty to a client within ethical limits," Keane said, noting his respect for Herrera. But in police misconduct cases, Keane said, "it is desirable public policy to have police engage in ethical conduct and not do anything to abuse citizens."

RODEL RODIS VS. SF


Attorney Rodel Rodis is a prominent Filipino activist, newspaper columnist, and until this year was a longtime elected member of the City College of San Francisco Board of Trustees. So it never made much sense that he would knowingly try to pass a counterfeit $100 bill at his neighborhood Walgreens in 2003 (see "Real money, false arrest," 7/9/08).

Nonetheless, the store clerk was unfamiliar with an older bill Rodis used to pay for a purchase and called police, who immediately placed Rodis in handcuffs. When police couldn’t conclusively determine whether the bill was real, they dragged Rodis out of the store, placed him in a patrol car out front, and took him in for questioning while they tested the bill.

There was no need to arrest him, as subsequent San Francisco Police Department orders clarified. They could simply have taken his name and the bill and allowed him to retrieve it later. After all, mere possession of a counterfeit bill doesn’t indicate criminal intent.

The police finally determined that the bill was real and released Rodis from his handcuffs and police custody. Rodis was outraged by his treatment, and sued. He insisted that the case was about the civil rights principle and not the money — indeed, he says he offered to settle with the city for a mere $15,000.

"I told my lawyer that I didn’t want a precedent that would hurt civil liberties," Rodis told the Guardian.

To his surprise, however, the City Attorney’s Office aggressively appealed rulings in Rodis’ favor all the way up to the U.S. Supreme Court, which found that the officers enjoyed immunity and ordered reconsideration by the Ninth Circuit Court of Appeals. Last month the Ninth Circuit ruled in the city’s favor, thus expanding protections for police officers.

Rodis can now name cases from around the country, all with egregious police misconduct, that cite his case as support. "Even with that kind of abuse, people can no longer sue because of my case," Rodis said.

Herrera disputes the precedent-setting nature of the case, saying the facts of each case are different. "We’re defending them in accordance with the state of the law as it stands today," Herrera said, arguing that officers in the Rodis case acted reasonably, even if they got it wrong. "We look at each case on its facts and its merits."

Herrera said he agrees with Keane that it’s often a difficult balancing act to promote policies that protect San Francisco citizens from abuse while defending city officials accused of that abuse. But ultimately, he said, "I have the ethical obligation to defend the interests of the City and County of San Francisco."

While it may be easy to criticize those who bring lawsuits seeking public funds, Rodis says it is these very cases that set the limits on police behavior and accountability. As he observed, "The difference between police in a democracy and a dictatorship is not the potential for abuse, but the liability for abuse."

MARY BULL VS. SF


In the run-up to the U.S. invasion of Iraq in 2003, there were months of antiwar protests resulting in thousands of arrests in San Francisco. Activist Mary Bull was arrested in November 2002. Bull said she was forcibly and illegally strip-searched and left naked in a cold cell for 14 hours.

San Francisco’s policy at the time — which called for strip-searching almost all inmates — was already a shaky legal ground. Years earlier Bull had won a sizable settlement against Sacramento County because she and other activists were strip-searched after being arrested for protesting a logging plan, a legal outcome that led most California counties to change their strip-search policies.

So Bull filed a lawsuit against San Francisco in 2003. The San Francisco Chronicle ran front page story in September 2003 highlighting Bull’s ordeal and another case of a woman arrested on minor charges being strip-searched, prompting all the major mayoral candidates at the time, including Gavin Newsom, to call for reform. Sheriff Michael Hennessey later modified jail policies on strip searches, conforming it to existing case law.

But the City Attorney’s Office has continued to fight Bull’s case, appealing two rulings in favor of Bull, pushing the case to the full Ninth Circuit Court of Appeals (from which a ruling is expected soon) and threatening to appeal an unfavorable ruling all the way to the U.S. Supreme Court.

"It’s pretty outrageous and humiliating to strip-search someone brought to jail on minor charges," Bull’s attorney Mark Merin told the Guardian. "If they win, they establish a bad precedent."

Herrera said the case is about inmate safety and that his office must follow case law and pursue reasonable settlements (neither side would say how much money Bull is seeking). "We do it well and we do it with a sense of justice at its core," Herrera said.

Yet Merin said the city’s actions fly in the face of established law: "In the Bull case, he’s trying to get 25 years of precedent reversed."

Merlin noted that "the problem is not with the city, it’s with the U.S. Supreme Court." In other words, by pushing cases to a right-leaning court, the city could be driving legal precedents that directly contradict its own stated policies.

"It would be nice if this city was in a different league, but they look at it like any defense firm: take it to the mat, yield no quarter" he added.

JOHN TENNISON VS. SF


For the Guardian, and for all the attorneys involved, this was a once-in-a-lifetime case. In 1990, Hunters Point residents John J. Tennison and Antoine Goff were convicted of the 1989 gang-related murder of Roderick Shannon and later given sentences of 25 years to life.

Jeff Adachi, Tennison’s attorney and now the city’s elected public defender, was shocked by a verdict that was based almost solely on the constantly mutating testimony of two young girls, ages 12 and 14, who were joyriding in a stolen car, so he continued to gather evidence.

Eventually Adachi discovered that police inspectors Earl Sanders and Napoleon Hendrix and prosecutor George Butterworth had withheld key exculpatory evidence in the case, including damaging polygraph tests on the key witnesses, other eyewitness testimony fingering a man named Lovinsky Ricard, and even a taped confession in which Ricard admitted to the murder.

After writer A.C. Thompson and the Guardian published a cover story on the case (see "The Hardest Time," 1/17/01), it was picked up pro bono by attorneys Ethan Balogh and Elliot Peters of the high-powered firm Keker & Van Nest LLP, who unearthed even more evidence that the men had been framed, including a sworn statement by one of the two key prosecution witnesses recanting her testimony and saying city officials had coached her to lie.

In 2003, federal Judge Claudia Wilken agreed to hear Tennison’s case and ruled that the prosecution team had illegally buried five different pieces of exculpatory evidence, any one of which "could have caused the result of Tennison’s new trial motion and of his trial to have been different."

She ordered Tennison immediately freed after 13 years in prison. The district attorney at the time, Terrence Hallinan, not only agreed and decided not to retry Tennison, he proactively sought the release of Goff, who was freed a few weeks later.

"The only case you can make is that this was an intentional suppression of evidence that led to the conviction of any innocent man," Adachi told the Guardian in 2003 (see "Innocent!" 9/3/03). In the article, Hallinan said "I don’t just believe this was an improper conviction; I believe Tennison is an innocent man."

But the pair has had a harder time winning compensation for their lost years. State judges denied their request, relying on the initial jury verdict, so they sued San Francisco in 2003, alleging that the prosecution team intentionally deprived them of their basic rights.

"What happened to these guys was a horrible miscarriage of justice," Balogh said.

The City Attorney’s Office has aggressively fought the case, arguing that the prosecution team enjoys blanket immunity. The courts haven’t agreed with that contention at any level, although the city spent the last two years taking it all the way to the Ninth Circuit, which largely exonerated Butterworth. The case is now set for a full trial in federal district court in September.

"They are unwilling to admit they made a mistake," Elliot said. "They are doing everything not to face up to their responsibility to these two guys."

The lawyers said both Herrera and District Attorney Kamala Harris had an obligation to look into what happened in these cases, to punish official wrongdoing, and to try to bring the actual murderer to justice. Instead the case is still open, and the man who confessed has never been seriously pursued.

Harris spokesperson Erica Derryck said the Ninth Circuit and an internal investigation cleared Butterworth "of any wrongdoing," although she didn’t address Guardian questions about what Harris has done to close the case or address its shortcomings.

In fact, the lawyers say they’re surprised that the city is so aggressively pushing a case that could ultimately go very badly for the city, particularly given the mounting lawyers’ fees.

"When we filed the case, we never thought we’d be here today," Balogh said. "They had a bad hand and instead of folding it and trying to pursue justice in this case, they doubled down."

Herrera doesn’t see it that way, instead making a lawyerly argument about what the prosecution team knew and when. "Our belief is there is no evidence that Sanders and Hendrix had information early on that they suppressed," Herrera said. "Based on the facts, I don’t think they, Hendrix and Sanders, violated the law. But that’s a totally different issue than whether they were innocent…. It’s not our role to retry the innocence or guilt of Tennison and Goff."

Herrera said he’s limited by the specific facts of this case and the relevant laws. "If the Board of Supervisors wants to do a grant of public funds [to Tennison and Goff], someone can legislate that. But that’s not my job," Herrera said.

As far as settling the case in the interests of justice or avoiding a precedent that protects police even when they frame someone for murder, he also said it isn’t that simple. Keane also agreed it wouldn’t be ethical to settle a case to avoid bad precedents.

"I’m always willing to talk settlement," Herrera said. "This is not an office that makes rash decisions about the cases it chooses to try or settle."

Deputy City Attorney Scott Wiener is the point person on most police misconduct cases, including the Rodis and Tennison cases, as well as another current case in which Officer Sean Frost hit a subdued suspect, Chen Ming, in the face with his baton, breaking his jaw and knocking out 10 teeth.

Wiener, who is running for the District 8 seat on the Board of Supervisors and is expected to get backing from the San Francisco Police Officers Association, recently told the Chronicle that Frost "did not do anything wrong." Contacted by the Guardian, Wiener stood by that statement and his record on police cases, but said, "I consider myself to be fair-minded." He also denied having a strong pro-police bias.

Yet those involved with these cases say they go far beyond the zeal of one deputy or the need to safeguard the public treasury. They say that a city like San Francisco needs to put its resources into the service of its values.

"It raises the broader question of what is the city attorney’s mandate? Is it fiscal limitation regardless of the truth?" Balogh said. "Dennis Herrera has had a very aggressive policy in defending police officers."

Herrera says he is proud of his record as the city attorney, and before that, as president of the Police Commission. "I believe in police accountability and have made that a big part of what I’ve done throughout my career."

Out with the old

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› rebeccab@sfbg.com

It may seem odd that the loss of a two-story vacant building would ruffle so many feathers, spur multiple phone calls to the police, and inspire a push from Board of Supervisors president David Chiu to make changes to San Francisco’s building code. But the March 16 demolition of the Little House, a 148-year-old Russian Hill cottage on Lombard Street, struck a nerve and raised a slew of questions — many of which continue to go unanswered.

Controversy may have started swirling because a property that has stood since Abraham Lincoln’s presidency was razed with scarcely a week’s notice on a swiftly issued emergency-demolition permit. It might also have been because the co-owners of the property, Michael Cassidy and James Nunemacher, represent the high-profile Residential Builders Association and the real estate firm Vanguard Properties, respectively — both politically well-connected entities that have been behind projects in the past that drew criticism from various citizens groups.

The Little House, which previously stood at 1268 Lombard St., was by some accounts one of the 10 oldest homes in San Francisco. Under the California Environmental Quality Act, a building of that age would normally require an environmental impact report before the Planning Department can issue a demolition permit. According to Department of Building Inspections spokesman William Strawn, the emergency demolition permit was issued after a structural engineer who had inspected the property on behalf of the owners sent a letter expressing concern that it was in danger of collapse. DBI staffers, including department manager Ed Sweeney, inspected it, and Strawn said the permit process started once they concluded that it presented a safety hazard.

Word that the cottage would be razed sparked an outcry from a group of concerned neighbors and historic preservationists, including architect F. Joseph Butler, who says he discovered it 15 years ago when he learned that it was one of the few structures on Russian Hill to escape the 1906 earthquake and ensuing fires. Butler says he doubts the building was in danger of collapse, and says he tried in vain to convince DBI to allow him to bring in a third party who could offer a second opinion. When asked about that possibility, Strawn said, "The building department would not rely on a third-party source."

The building was torn down March 16, with tensions simmering in the days leading up to it. When a demolition crew showed up March 9 ready to go to work, several days before the emergency permit had actually been issued, a neighbor who was trying to save the cottage phoned the police to halt the demolition. Police reports show that a few days later when the crew arrived on the property and were greeted by a small group of protesters, the cops were called twice more — by both sides. Joe Cassidy, Michael Cassidy’s brother and a prominent member of the Residential Builders Association, is the president of the demolition company.

Protesters charged that the building was neglected on purpose to hasten its demise, so the owners could skirt the regulatory EIR process. "It appears the property owner has exceeded the scope of their permit to replace dry rot by structurally damaging the building and claiming it is in imminent danger of falling down," Cynthia Servetnick, an architect with the SF Preservation Consortium, wrote in an e-mail to the City Attorney’s Office not long before the demolition. Building Commissioner Debra Walker, who also inspected it, noted that "the windows were out, and the doors were out in the back. It looked to me like people had just left it open."

Megan Allison Wade, who blogged about the demolition of the Lombard Street house, wrote in an e-mail to zoning administrator Larry Badiner that she perceived "a very clear case of willful neglect in an attempt to degrade the property into demolish-able condition."

Badiner responded: "This emergency demolition permit supersedes historic preservation and housing preservation procedures. … Without commenting on whether this is willful neglect, public safety would trump any concerns regarding how the building became unsafe."

An article published by the San Francisco Chronicle noted that Nunemacher denied that he and Cassidy had neglected the property. When we called Nunemacher to ask him directly, the conversation didn’t go so well. He said he was busy, and told us to read the other news reports. When asked if this meant he didn’t want to comment, he said, "You are putting words into my mouth. I don’t like what you are doing." Then he threatened to call the police.

Whether or not the property was in fact neglected on purpose is a question that may never be answered conclusively. City Attorney’s Office spokesperson Matt Dorsey told us he was not at liberty to say whether an investigation is underway, but it’s clear that any investigation would have to go forward without a crucial element — the house.

Attorney Arthur Levy made a last-ditch effort to try to save the Little House just before it came down, sending a letter transcribed on his office’s letterhead to a list of city department heads. "What makes San Francisco different is our built environment," Levy says. "It seems to me that when a property owner willfully neglects a building, and that results in demolition … there ought to be some consequences."

For some of those engaged in the fight over the cottage, the incident brings to mind past controversies involving the same players and others close to them. When an historic Victorian shipwrights’ cottage at 900 Innes Ave. — which the city designated as a historic landmark last year — was under the ownership of developer Joe Cassidy, he had plans to demolish it and build condos, retail space, and a kayak center. In that 2005 battle between the RBA developer and preservationists, the preservationists won.

Another project that involved both Joe Cassidy and Nunemacher was a residential development at Fourth and Freelon streets. At the time that project was being permitted, one of the top-selling agents at Vanguard Properties, Jean-Paul Samaha, worked as a liaison between the Board of Supervisors and the Planning Department. In 2005, architect Kepa Ashkenasy lodged an Ethics Commission complaint against Samaha alleging he had failed to disclose a $100,000 loan from Nunemacher, who had been his romantic partner at the time, even when he was in a position of testifying before the Planning Commission in his professional capacity about the Fourth and Freelon development, Ethics records show.

The complaint was dismissed after Samaha lodged a counter-complaint against Ashkenasy with the Human Rights Commission, noting that loans from spouses and domestic partners are exempt from financial disclosure rules, and charging that her allegation was motivated by a kind of homophobia, a HRC document shows. Ashkenasy told the Guardian that she only sought to illuminate a conflict of interest — and added that she is a lesbian.

Servetnick said the case of the Little House highlights a broader issue of vacant historic properties throughout the city that are allowed to go to waste because it’s more profitable to knock them down and build new. Draft legislation introduced by Board President David Chiu seeks to address this concern by requiring owners of vacant properties to register their empty buildings with the city so that inspectors can play a more proactive role in detecting problems before it’s too late.

At a March 26 Planning Commission meeting, Charles Marsteller, former head of government watchdog group Common Cause, told commissioners he had attended the demolition of the Lombard Street cottage. When it came down, he says, he realized how unique it was and earnestly told planning commissioners that he thinks the Little House should be reconstructed, and the lot turned into a park.

As for the demolition, "It was just a put-on by some insiders in City Hall working the network that they normally work," Marsteller says. "And it shouldn’t have happened."

Ask Nate

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The Guardian introduces a new weekly advice column from Nathan Ballard, press secretary to Mayor Gavin Newsom. We hope you enjoy his insights as much as we always have.

279-nate_ballard.jpg

Dear Nate:

Times are tough in San Francisco for a lot of people, but my life seems to be bottoming out these days. My good city job just got eliminated, the after school program my kids love was cut, my elderly grandmother just lost her home health nurse, and the police still have no idea who murdered my husband last year. He was even shot right in front of one of those crime cameras. What should I do?

Desperate for Help

Dear Dessie:

I reject the premise of your question. Things are going great in San Francisco, particularly under this mayor’s strong leadership. But we feel your pain, which seems to stem from the Board of Supervisors refusing to give the Police Department more money or the authority to constantly monitor those cameras. Sup. Aaron Peskin is the reason your husband’s killer hasn’t been caught. He may actually be the murderer.

Nate

Dear Nate:

I was thinking about going into politics. Do you have any advice for someone considering running for office?

Budding Candidate

Dear Bud:

As my boss has repeatedly said, being mayor is the toughest and most thankless job in the world. He’s constantly dealing with uppity supervisors and complaining constituents, at least when he’s in town. And if you’re one of those spineless, whiny so-called progressives, my advice is to just do something else. Get a real job, something in the private sector. But if you share Mayor Newsom’s belief in building a better San Francisco with more public-private partnerships — and you’ve got a lot of rich friends — I say go for it. But make sure you hire the best advisers by calling Storefront Political Media and Earned Media. We — , er, uh, I mean they really know what they’re doing.

Nate

Dear Nate:

I’m new to San Francisco and trying to understand the political dynamics here. Is the central struggle really between progressives and moderates? Those are the two labels I hear the most, but it doesn’t make much sense to me. What about liberal vs. conservative?

Political Science Student

Dear Poli-Sci:

I reject the label progressive, and so does the San Francisco Chronicle now that we convinced them to. So actually the central struggle in this town is between the radical and unrealistic ultra-liberals and moderates like Gavin Newsom. The mayor can be a fiscal conservative when he needs to be, and he’s liberal on social issues, which makes him a moderate and therefore the voice of reason. He could even be a progressive on some issues, if there were such a thing as a progressive, which there’s not. But he’s never ultra-anything, because that would make him crazy, which he also isn’t. Is that clear?

Nate

Reilly on Hearst’s Hindenberg

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By Tim Redmond

Clint Reilly calls the San Francisco Chronicle “the greatest wealth destruction machine in American journalism today.” It’s an interesting hit on the situation; he cites a Wall Street Journal interview with investment banker (and media industry expert) Jonathan Knee, who notes:

The reason why most newspaper companies have gone bankrupt or appear perilously close to it is that they have too much debt, not that they have stopped being profitable. For the reasons I have already described, they are certainly less profitable than they used to be, but compared to most media businesses like movies and books, most newspapers still have higher profit margins. Unfortunately, many of these companies maxed out on available debt during a bubble in the debt market just before the debt bubble popped and their own profit margins precipitously declined. That does not mean that these companies cannot continue to generate significant cash flow once restructured into a sustainable capital structure.

Then points out that Hearst’s problem isn’t debt — I suspect the bean counters have already written off as a tax loss most of the $700 million the company paid to buy the Chron. The problem, he argues, is bad management:

With more than 75 percent of its circulation outside San Francisco, the Chronicle is unable to cover The City or the suburbs in depth. The paper’s circulation should have been cut in half many years ago; at 360,000, it remains massively expensive to produce, print and circulate. Resizing alone might have saved the paper by dramatically reducing operating costs across the organization.

All of which, of course, argues against Rep. Nancy Pelosi’s plan to eliminate anti-trust regs and allow the Chron to merge with, say, Dean Singleton’s Media News Group.

80 Chronicle workers apply for voluntary termination

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The California Media Workers Guild is reporting that more than 80 workers applied for voluntary termination at the San Francisco Chronicle. THe Guild is also warning that because if the large numbers of volunteers, 60-day notices of involuntary layoffs may not be triggered–meaning workers won’t get an extra two months of pay.

Monopoly money

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sarah@sfbg.com

Employees at the San Francisco Chronicle are anxiously awaiting the March 31 deadline that its owner the Hearst Corp. has set for accepting buyout offers, after which the ax could fall on any employee at any time. The California Media Workers Guild has voted to accept 150 layoffs and to end seniority considerations at the city’s major daily.

Hearst claims that amendments to the union’s contract are essential to avoid closing or selling the 144-year-old paper, although the company refuses to open its books, making it impossible to verify claims that the Chronicle is losing $1 million a week. Rather than challenging that corporate prerogative, Speaker of the House Nancy Pelosi wants to explore allowing a local monopoly like MediaNews to buy the Chronicle, the last major Bay Area newspaper MediaNews doesn’t already own through its Bay Area News Group subsidiary.

In a March 16 letter to U.S. Attorney General Eric Holder, Pelosi wrote: "I am confident that the antitrust division, in assessing any concerns that any proposed mergers or other arrangements in the San Francisco area might reduce competition, will take into appropriate account, as relevant, not only the number of daily and weekly newspapers in the Bay Area, but also the other sources of news and advertising outlets available in the electronic and digital age, so that conclusions reached reflect current market realities."

Holder responded March 18, telling reporters, "It’s important for this nation to maintain a healthy newspaper industry. So to the extent that we have to look at our enforcement policies and conform them to the reality that the industry faces, that’s something I’m going to be willing to do."

Sara Steffens, chair of the Guild’s Bay Area News Group East Bay unit, recently raised her concerns about that strategy. "Consolidating some or all Bay Area News Group operations with the Chronicle could prove the financial salvation for our struggling newspapers, potentially guarding against bankruptcies or outright shutdown," she wrote on the union’s Web site. "But it could also pave the way for further job loss and erosion of standards."

Justice department lawyers have in the past ruled against mergers that created newspaper monopolies, but media analyst Alan Mutter believes times have changed. "It’s just a question of who is going to qualify," Mutter told the Guardian.

Retired UC Berkeley journalism professor Ben Bagdikian, author of books critical of media monopolies, said the Chronicle‘s "surprising announcement" that it might have to shut down could be a scam. He notes that this news comes "not long after Hearst and [MediaNews owner Dean} Singleton, who owns all the East Bay dailies, formed a partnership to buy media in other parts of the country.

"Hearst a few years ago — granted, in boom times — gifted the Examiner to the Fang family along with a stunning gift of $56 million to the Fangs to take it and make it into a daily," Bagdikian said. "I think it has never before happened in the news business or any other business to pay someone else to compete with them. It was clearly part of a larger plan to get rid of this operating agreement for exemption from antitrust [laws]."

Other critics believe that large newspapers, which are tied to huge printing presses and gas-guzzling delivery trucks, could become extinct, and that nimbler prototypes that deliver news by mobile phone and integrate social networking on their Web sites could assume the old media’s traditional role as public watchdogs.

Jeff Elder, who is studying the newspaper industry as a Knight fellow at Stanford University, told the Guardian, "You either see a daily newspaper as an old railroad station, a really cool part of the city’s history that you maybe can’t afford to save, or an at-risk public school whose continuance is fundamental to democracy."

Elder, a columnist for the Charlotte Observer, was one of a wide variety of media professionals (including Guardian publisher Bruce B. Brugmann), who gathered March 17 in the San Francisco Public Library to discuss the Chronicle‘s future.

"There is no minimizing that it’s a real sad situation for the people being laid off," Elder said. "But there is a real danger in propping up print products by strengthening monopolies. You’re draining off resources while propping up a business model that is becoming increasingly irrelevant."

Madam Speaker, I Object!

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(Scroll down for Reilly’s column)

Clint Reilly’s column ought to be the institutional line in every independent daily paper in the Bay Area and beyond.
However, since there are no independent dailies left and all the Bay Area and most of California dailies are owned by out-of-state newspaper chains, this is not to be. But at least his column appears in the MediaNews/Singleton papers in the Bay Area, thanks to the settlement of his last federal lawsuit challenging Hearst/Singleton collaboration.

Reilly opposes Rep. Nancy Pelosi’s move to gut the antitrust laws to accommodate more Hearst/Singleton collaboration. The Guardian goes a step further and recommends that Pelosi and U.S./ California/San Francisco politicians promote legislation and resolutions at federal, state, and local levels that would bar a daily newspaper in a one-paper town from closing down unless and until the owners offer it for sale at a fair price and give someone else a chance to run it.

And we recommend that, since any Hearst/Singleton collaboration would have national implications, this should happen only in a fishbowl in the glare of the mid-day sun. More: our federal, state, and local politicians should
pull out the stops: subpoena Hearst documents, hold public hearings in Washington and San Francisco, and promote any and all alternatives to another daily paper assassination. Save the Chronicle! B3

Madam Speaker, I Object!

By Clint Reilly

Sanctioning a Bay Area newspaper monopoly in order to rescue the San Francisco Chronicle from bankruptcy is a horrible idea.

Does anyone know what I’m talking about?

Last week, House Speaker Nancy Pelosi sent a letter to Attorney General Eric Holder urging him not to enforce antitrust laws, which would pave the way for the Chronicle and MediaNews – the owner of every other paid-subscription daily newspaper in the Bay Area – to merge operations and have a monopoly over news and opinion in the Bay Area.

Drinking in the dark

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Text by Sarah Phelan.
Q. “How many Irish does it take to change a light bulb. “
A. “Never mind, we’ll drink in the dark.”

I was reminded of this (potentially racist, but I’m part Irish, so screw it) joke yesterday during a two-hour conversation about the Chronicle that took place, mostly between media people, in the basement of the library, on St Patrick’s Day.

The fact that any reporters showed up to talk about journalism on St Paddy’s Day is a good indicator of just how troubled they are feeling about the state of the news industry.

Normally, reporters would be writing about folks drinking too many Irish car bombs, or, if they weren’t working that night, drinking too many green beers themselves.

Instead, they sat and talked about the challenges facing San Francisco’s main daily newspaper, and the future of journalism in the Internet age.

Now, you’d think this would be easy for a bunch of folks who are used to digging into other people’s business and publishing what they find out, including the for-profit-driven doings of this or that evil corporation.

Only this time, the folks being bullied are the workers at the San Francisco Chronicle, which is owned by Hearst. a privately held corporation. This means the Chronicle won’t be publishing the findings of its own journalists’ findings on this matter. Instead, it’s been running reports that have no bylines and sound like Hearst press releases.

And then there’s the disquieting reality that Hearst has refused to open its books to the unions that represent the workers at the Chronicle. This means that all Hearst’s claims, including the statement that the Chronicle is losing $50 million a year, remain just that: claims, until proven otherwise.

No one is disputing the fact that newspapers have been losing advertising revenue to the Internet. Or that few of us have figured out ways to recapture that revenue. Or that many of us have been laid off, suffered pay cuts and/or seen an end to our careers, even as more people read our stuff than ever.

So, are we going to drink in the dark, or shine some light on the situation?

Personally, I don’t want the Chronicle to die. I want it to improve. And, as an investigative reporter, I want proof that Hearst’s financial claims are real.

Long time Chronicle reporter Carl Hall, the local representative of the California Media Workers Guild, confirmed last night that Hearst refused the Guild’s requests to open its books.

Hall also confirmed that Guild members voted to accept the loss of 150 jobs and the elimination of seniority rather than risking calling Hearst’s bluff over the corporation’s threats to close or sell the Chronicle.

Of course the workers did. They’re newspaper men and women. Like doctors and teachers, they love their jobs, no matter who is running the hospital, school or newspaper.

But I wonder if the rest of the media have fallen down on the job, by not challenging Hearst’s unsubstantiated claims, even as the entire nation is discovering that it has been Ponzi-schemed up the kazoo.

I was heartened to hear Chronicle forum panelist and social entrepreneur Tom Murphy point out that some of the industry’s current problems are related to the newspaper-buying binges that Hearst Corp. and Dean Singleton’s MediaNews indulged in during the past decade.

And it was interesting to hear Oakland Tribune editor Martin Reynolds, which itself got swallowed up by Singleton in recent years, admit that many newspapers chains are in a similar situation to the owners of foreclosed homes: “They are upside down on their mortgages, right now,” Reynolds said.

Connect those financial dots to the fact that readership of the Chronicle is growing online, and you begin to realize that there is a way forward through all this, even if we haven’t figured it all out yet.

As Center for Investigative Reporting cofounder and forum panelist David Weir put it last night, ‘Don’t blame the Internet for journalism’s demise. The Internet is not a choice, it is a fact. It is a technical and historical reality.”

Save the Chronicle!

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EDITORIAL The San Francisco Chronicle story March 15 on Mayor Gavin Newsom’s frequent absence from the city drew comments from many who believe the mayor is out of touch, wandering the state seeking votes for governor at a time when the city is facing a historic financial crisis. The news was really nothing new — we’ve been reporting for months now that the mayor is disengaged in the business of running the city. But it appeared on the front page of the local daily newspaper, and that put the story right in the center of civic discourse.

We’ve been as critical of the Chron as anyone in town. For 42 years, we’ve been reporting on the failures of the daily newspapers in San Francisco, and we regularly blast the Hearst-owned near-monopoly daily for its failure to cover major stories and its biased slant on others.

And as the first alternative newspaper in the country founded specifically to provide an editorial and advertising alternative to the moribund dailies, we’re the first to agree that the Chron doesn’t, and shouldn’t, have the final word on what’s important in this city. We’re big supporters of all sorts of alternative media, and we’re glad to see that Web-based news publications, some of them daily, are appearing and offering different ways for people to find information.

But if the Chronicle dies, the city will lose an important, if often infuriating, civic institution. Hearst should not be allowed to turn San Francisco into the first major American city with no major daily newspaper — not without extensive oversight, hearings, and a chance for somebody else to take over the paper and try to make it work.

Hearst is complaining that the Chronicle is losing about $50 million a year. Of course, Hearst, a private corporation, won’t show anyone, even its own unions, its books.

We realize the newspaper business is rough right now, but we’re not convinced that running a daily paper in San Francisco is a doomed proposition. This is one of the wealthiest, best-educated markets in the world — and the fact that Hearst can’t sell enough newspapers and ads to float its operation is in significant part a sign of how miserable the paper’s management has failed. It tried to be a regional paper, which flopped. It’s become so politically conservative that progressives, particularly young progressives who make up the future of its demographic base, see little reason to subscribe.

And let’s not forget — Hearst has made a fortune in San Francisco. In 1965, the Hearst-owned Examiner and the family-owned Chronicle formed a joint operating agreement — a government-sanctioned monopoly, blessed by special legislation, that allowed two ostensibly competing companies to fix prices, share markets and pool profits. For the next 26 years, the JOA was a license to print money. Local advertisers paid billions in high rates to the newspaper combine, and those profits far, far eclipse anything the Chron has lost since Hearst bought it.

When the New York company bought out the deYoung Thieriot family in 2001, it sought to create a true monopoly by shutting down the Ex entirely. A local outcry, a lawsuit by Clint Reilly, and threats by federal regulators forced Hearst to sell the bones of the Ex to the Fang family, which essentially got the paper free and was given a $66 million subsidy to run it.

Now, after all this, Hearst is threatening to close shop and walk away, destroying hundreds of union jobs and wiping out a newspaper that is, by its nature, something of a public utility. And once again — ironically, just as the Chron reported — Mayor Newsom is missing in action. Newsom should be taking the lead on preventing the loss of a major local business. Rep. Nancy Pelosi, who is asking the Justice Department to relax anti-competitive rules on newspaper ownership (a bad idea), should instead push legislation barring a daily newspaper in a one-paper town from closing down unless and until the owners offer it for sale at a fair price and give someone else a chance to run it. Senators Dianne Feinstein and Barbara Boxer should join her.

The Chron unions have talked of an interest in buying the paper. Financier Warren Hellman confirmed to us that he supports creating a nonprofit entity to take over Chronicle operations. Hearst Corp., which has almost certainly already written off its $600 million purchase as a tax loss, should be forced to work with potential buyers — and give them a deal no worse than what the Fangs got in 2001.

The future of the Chron has implications for the entire industry — and if Hearst is going to carry out the assassination of a newspaper, it should be done in a fishbowl. Congress, the state Legislature, and the San Francisco supervisors should hold hearings, subpoena the Hearst executives, and push alternatives. And Newsom needs to quit gallivanting around the state and start working on his own city’s problems. *

Read Pelosi’s letter, attend Chron forum, reaffirm love of newsprint.

2

CHronbuilding.bmp
Discuss the future of the Chronicle and other print media organizations at the SF Public Library, TONIGHT!

House Speaker Nancy Pelosi’s letter to US Attorney General Eric Holder, seeking changes to the antitrust restrictions that govern newspapers, is a revealing document.

Pelosi states that her decision to write Holder wasn’t just prompted by the economic challenges facing the San Francisco Chronicle and other Bay Area news organizations, “but also by major news organizations across the country.”

“I am sure you agree that a strong, free and independent press is vital for our democracy,” Pelosi continues, noting how newspapers have been, “the indispensable source of public information and a check on the abuses of government and other powerful interests,” for more than two centuries.

And then she signals that the House Judiciary Subcommittee on Courts and Competition Policy, which is chaired by Rep. Hank Johnson, (D-Ga.) will soon hold a hearing and discuss the implications of newspaper survival for antitrust policy.

Pelosi acknowledges that “antitrust laws have been an essential protector of competitive choice in the newspaper business,” and that, “the antitrust laws are every bit as vital in this industry as elsewhere in the economy, and perhaps more so given the First Amendment issues that are also at stake.”

But then she asserts that she is, “confident” that the AntiTrust Division, “in assessing any concerns that any proposed mergers or other arrangements in the San Francisco area might reduce competition, will take into appropriate account, as relevant, not only the number of daily and weekly newspapers in the Bay Area, but also the other sources of news and advertising outlets available in the electronic and digital age, so that the conclusions reached reflect current market realities.”

“This is consistent with antitrust enforcement in recent years under both Republican and Democratic administrations,” Pelosi concludes. “And the result will be to allow free market forces to preserve as many news sources, as many viewpoints, and as many jobs as possible. We must ensure that our policies enable our news organizations to survive and to engage in the news gathering and analysis that the American people expect.”

Pelosi reportedly released this letter, which you can read here, after meeting with Hearst general counsel Eve Burton and Chronicle at-large editor Phil Bronstein in D.C. last week, where they discussed the future of the Chronicle as well as federal media shield legislation.

Her letter immediately fueled rumors that Dean Singleton’s MediaNews chain, which already owns the San Jose Mercury News, the Contra Costa Times and the Oakland Tribune, and Hearst, which has a one-third stake in Singleton’s non Bay Area papers, are hoping to consolidate operations.

If so, that’s doesn’t bode particularly well for newspaper workers, who have only lost jobs, suffered pay cuts and seen reduced investigative reporting under both regimes. But maybe they can use Pelosi’s letter to open up a much needed public discussion of the future of newsprint.

Ironically, that discussion is already going on within the blogosphere. And judging from the comments, some folks don’t give a toss if print newspapers die, right here, right now.

Editorial: Save the Chronicle!

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If Hearst is going to assassinate yet another newspaper, it must do so in a fishbowl. Congress, the state Legislature, and the supervisors should hold hearings, subpoena Hearst executives, and push alternatives.

The San Francisco Chronicle story March 15 on Mayor Gavin Newsom’s frequent absence from the city drew comments from many who believe the mayor is out of touch, wandering the state seeking votes for governor at a time when the city is facing a historic financial crisis. The news was really nothing new — we’ve been reporting for months now that the mayor is disengaged in the business of running the city. But it appeared on the front page of the local daily newspaper, and that put the story right in the center of civic discourse.

We’ve been as critical of the Chron as anyone in town. For 42 years, we’ve been reporting on the failures of the daily newspapers in San Francisco, and we regularly blast the Hearst-owned near-monopoly daily for its failure to cover major stories and its biased slant on others.

Printless in Seattle

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Text by Sarah Phelan

Unable to find a buyer for the Seattle Post-Intelligencer, which it put up for sale in January, Hearst is kiling P-I’s print version. Starting tomorrow.

Hearst’s chief honchos, Frank A. Bennack, Jr., vice chairman and chief executive officer, Hearst Corporation, and Steven R. Swartz, president of Hearst Newspapers, tried to give the announcement a positive spin, stating that the P-I “will become the nation’s largest daily newspaper to shift to an entirely digital news product.”

(But for those of us who love and appreciate everything about newsprint, this is like saying, it’s too expensive to grow flowers anymore, but hey, you will be able to see cyber flowers online.)

“The P-I has a rich 146-year history of service to the people of the Northwest, which makes the decision to stop publishing the newspaper an extraordinarily difficult one,” Bennack said. “We extend our profound gratitude and admiration to our P-I colleagues who have done such an exemplary job under extremely difficult circumstances over the past several years. Our goal now is to turn seattlepi.com into the leading news and information portal in the region.”

“Seattlepi.com isn’t a newspaper online—it’s an effort to craft a new type of digital business with a robust, community news and information Web site at its core,” said Swartz.

“On the business side, we are assembling a staff to form a local digital agency that will sell local businesses advertising on seattlepi.com as well as the digital advertising products of our partners: Yahoo! for display advertising, Kaango for general marketplaces and Google, Yahoo!, MSN and Ask.com for search engine marketing,” Swartz said.

Hearst also noted that in January, Nielsen ranked seattlepi.com among the top 30 newspaper Web sites with 1.8 million unique users. The site has an average of 4 million monthly visitors, according to internal Hearst tracking.

You can read Hearst’s full statement about the Seattle P-1 here.

The annoucement came two days after workers at the San Francisco Chronicle voted 10-1 to accept Hearst’s proposal to cut 150 jobs and end seniority, moves Hearst Corp. stated were necessary to avert the immediate closure and/or sale of the city’s major daily newspaper. But even Guild workers were clear that voting to accept Hearst’s proposal was no guarantee that the Chronicle would thrive, unless a new business model can be found.

Carl Hall, the Guild’s lead negotiator for workers at the Chroncile, said that no amount of concessions can prop up a failed business model for long.

“This is the start of the real battle,” Hall said. “We have to find a solution, a real solution, to save what we really care about here – quality journalism and quality jobs.”

.

Guild votes 10-1 to accept Hearst proposal

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The California Media Workers Guild voted today to accept a proposal that Hearst Corp. says is necessary to avoid closing the 144-year-old San Francisco Chronicle.

You can read the full proposal at the Guild’s website at http://mediaworkers.org/index.php?ID=6223.

Who can buy (and run) the Chronicle?

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By Tim Redmond

If Hearst Corp. isn’t satisfied with the concessions it gets from San Francisco Chronicle unions — or if the media giant never intended to keep the paper open — the time may come when the only major daily in San Francisco is circling the drain.

At this point, SF Appeal is reporting, the unions would like a chance to buy the paper , and Gawker is playing around with names of people who might invest.

A little perspective here.

First of all, the Chron isn’t worth much of anything right now. Hearst paid $660 million for the paper, but I’m sure the accountants have already written that off as a total loss and are ready to take the tax deduction. Nobody should be serious thinking that they have to raise a lot of cash to take it over.

The bigger issue is running the thing. Even with really smart management, and a new editorial plan, , the Chron will be losing money for a while, and it would take, say, $50 million to guarantee operating expenses for a couple of years. So any angel investor would need deep pockets and a willingness to lose money for quite some time.

But let’s stop and think about this. When Hearst bought the Chron, the bean counters in New York wanted to shut down the Examiner, but after the feds intervened, the company was forced to sell the Ex to the Fang family. Although “sell” isn’t actually the right word — the Fangs got the paper for nothing, and got $66 million cash to run it.

So why should we tolerate Hearst simply stopping the presses?

We shouldn’t.

Mayor Newsom, Speaker Pelosi, Senators Feinstein and Boxer — all the political leaders in this town — should be demanding that Hearst make a reasonable effort to sell the Chronicle. And by “reasonable,” I mean a deal no worse that what the Fangs got with the Ex.

If the Guild (or some other credible group with a reasonable business plan) wants to buy the paper, Hearst should give it to them — and provide $66 million in transition money. That’s still a good deal for the conglomerate — if the Chron is in fact losing $50 million a year, then the transition pay isn’t much more than one year’s losses. Hearst gets a major tax write-off, gets rid of a money-losing headache, and looks like a decent corporate citizen.

San Francisco gets to keep a daily newspaper, and somebody else gets a chance to try to make it work.

I’m not sure if the feds can order a company not to fold a newspaper right now, but I know that Congress has the power to pass a law preventing a newspaper closure unless and until every effort is made to find a buyer (at a cost the reflects the actual value of the asset, which in this case is about $1.75). Nancy? Dianne? Barbara?

Opening up

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› sarah@sfbg.com

Shortly after his election in November 2008, President Barack Obama received a letter from Public Citizen and 59 other nonprofit groups noting that the public’s access to information about the government had been shut down under President George W. Bush.

The groups urged Obama to help "by issuing a presidential memorandum on Day One that makes clear that government information belongs to the people and that directs federal agencies to harness technology and personnel skills to ensure maximum accessibility of government records, consistent with law, regulation, and administrative orders."

Obama responded to these concerns on his second day as president by sending a memo to heads of executive departments and agencies that committed his administration to more transparency and unprecedented disclosures of information.

"In our democracy, the Freedom of Information Act, which encourages accountability through transparency, is the most prominent expression of a profound national commitment to ensuring an open government," Obama said, noting that FOIA "should be administered with a clear presumption: in the face of doubt, openness prevails."

Open government advocates warmly welcomed Obama’s announcement. But 50 days later, as they wait for U.S. Attorney General Eric Holder to issue new FOIA implementation guidelines, some worry that the new administration may still need more prodding.

Peter Scheer, executive director of the San Rafael–based California First Amendment Coalition (one of the letter’s signatories), told the Guardian that it remains to be seen how Obama’s directive will be implemented.

"The directive is good. The spirit is right. But what really matters is whether more information is turned over to the public on a timely basis," said Scheer, who hopes the Obama administration will explore ways to change the FOIA incentive structure so that agencies have a genuine bias in favor of giving out more information, not less.

"Right now, the incentives are all in favor of withholding information," Scheer explained.

Lucy Dalglish of the Reporters Committee for Freedom of the Press told the Guardian that she is looking forward to the U.S. Attorney General’s new FOIA guidelines. "I imagine they will say, ‘If you have discretion to disclose information do so, make a greater effort to meet FOIA deadlines, and put an emphasis on proactively posting stuff online,’" Dalglish predicted.

"The difficulty I see lying ahead is a lack of money to help agencies tackle the backlog of FOIA requests," Dalglish said. "But otherwise, I think we’re going to be in pretty good shape."

Scheer was happy about the Obama administration’s March 2 release of nine highly controversial memoranda and legal opinions that the U.S. Department of Justice’s Office of Legal Counsel prepared under Bush in the aftermath of 9/11, purporting to authorize warrantless national security wiretaps on U.S. citizens, extrajudicial detention of US citizens suspected of terrorism, and use of the military to conduct counterterrorist operations in the U.S.

In the last days of the Bush administration, DOJ officials claimed that most of these opinions were withdrawn by 2003, but open-government advocates believe their release helps prove the extent to which the Bush regime violated the constitution.

"Let’s just hope Obama is just as amenable to releasing his own legal memoranda, four years from now, as he is to release the prior administration’s more embarrassing documents," added Scheer.

He would also like to see an acceleration of the process for declassifying older national security materials and Federal Bureau of Investigation materials, and hopes that a review of Bush–era DOJ use of the state secrets privilege will "result in a modification or abandonment of that policy, except where absolutely necessary to protect vital national security interests.

"I think everyone became quite reasonably suspicious during the Bush years, when a privilege that was previously rarely invoked was popping up in literally dozens of cases and clearly being overused," Scheer explained.

Yet Dalglish fears that sunshine gains under Obama could be offset by the demise of mainstream newspapers.

"If the San Francisco Chronicle and Seattle Post-Intelligencer join Denver’s Rocky Mountain News in closing this year, the United States will be in a world of trouble in the future in terms of fighting for greater openness and transparency in government," Dalglish opined. "For the last 50 years, the mainstream media, not the alternative press, has been waging most of these battles pushing for open government."

Spin vs. substance

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rebeccab@sfbg.com

Hollywood paparazzi crews are beginning to follow high-profile politicians, such as Mayor Gavin Newsom, the same way they track the likes of Britney Spears, the San Francisco Chronicle reported recently. And when a celebrity gossip photographer surreptitiously aims the lens at a political leader, the picture that emerges isn’t always flattering.

Likewise, the documents that can be extracted through public records laws — including the federal Freedom of Information Act, California Public Records Act, and San Francisco Sunshine Ordinance — don’t always paint political figures in the most favorable light.

Both end products leave the same impression of a glimpse behind the curtain — consumers feel they’re privy to the raw, unpackaged truth. But while photos may show politicians looking silly or meeting with controversial power brokers, documents show how the people’s business is being conducted. So the willingness of officials to promptly comply with requests for documents and information says a great deal about whether their public statements match their private deeds.

Nathan Ballard, Newsom’s press secretary, characterizes (through e-mail, the medium through which he insists on dealing with the Guardian) the mayor’s commitment to open government as being "as strong or stronger than any public official in this country."

But to hear some proponents of open government tell it — and in our experience here at the Guardian — the Newsom administration keeps much of the mayor’s business under wraps, leaving many info-seekers in the dark or reliant on Ballard’s spin. Responses to requests for public records tend to be delayed and incomplete, and queries directed to the mayor’s office of communications are often returned with terse, one-line e-mails that obscure more than illuminate.

Rick Knee, a longtime member of the city’s Sunshine Ordinance Task Force — the city body charged with upholding the open-government rule — says Newsom has been in violation of the Sunshine Ordinance on several occasions. "Mayor Newsom’s actual practices regarding Sunshine have been, shall we say, less than what one would desire of him," Knee says. Despite those violations, he adds, the mayor "continues to refuse to provide what remedies the task force calls for on his part."

Under Proposition 59, a state constitutional amendment that won overwhelming voter approval in 2004, the records kept by public officials are considered to be "the people’s business." In practice, however, it doesn’t always pan out that way.

For example, a group of citizens informally known as the Sunshine Posse who have made it a personal quest to improve government transparency by peppering city departments with Sunshine requests, have sounded alarm bells over the mayor’s refusal to release a more detailed daily calendar. One Sunshine Posse member began seeking more fleshed-out mayoral itineraries back in 2006, according to group member Christian Holmer, to gain an understanding of whom the mayor had met with and what had been discussed.

But he quickly ran into a slew of difficulties. "The Mayor’s Office ignored our simple request for 255 days," Holmer told the Guardian. "We sent weekly reminders to most of his staff and key members of the city attorney’s executive and government teams for months and months." After bringing the matter to the attention of the Sunshine Ordinance Task Force, Holmer says, a new set of problems cropped up. "For the Mayor’s Office, it was an ongoing tale of crashed hard drives, changing office personnel, lost documents, overt/covert confusion, and best intentions."

Nearly three years later, the scrutinizing crew remains frustrated with the results, saying the Mayor’s Office has only come forth with a watered-down schedule, called the Prop. G calendar ("scrubbed" and "virtually useless," in Holmer’s opinion), rather than the more descriptive document known as the working calendar. Many days, Newsom’s Prop. G calendar is blank, and seldom is there more than a few hours worth of activities, each one usually described in just a few words.

The Prop. G calendar seeks to comply with the minimum standards for calendars set forth in the city’s 1999 sunshine law: "The mayor … shall keep or cause to be kept a daily calendar wherein is recorded the time and place of each meeting or event attended by that official…. For meetings not otherwise publicly recorded, the calendar shall include a general statement of issues discussed."

The working calendar is a confidential document, the Mayor’s Office held in a letter responding to the Sunshine Posse’s complaint that the mayor was withholding public information. "The Mayor’s Office prepares a working calendar that is extremely detailed and accounts for his time from departure from home until his return in the evening," the letter states. "The working calendar contains not only the mayor’s meeting schedule, but also confidential information such as the officers assigned to protect him, security contact numbers, the mayor’s private schedule, details of his travel [etc.]. As with past administrations, the mayor’s staff keeps the working calendar and its contents confidential…. The computer system automatically deletes the working calendar after five days."

Despite this defense, the task force determined that the working calendar is in fact a public document that should be provided to the citizens. Doug Comstock was task force chair when the issue was heard. "We made it very clear that they have to turn over those documents," he says. "If there’s a document that’s being created using public monies and public funds, that is a more specific calendar, that’s the document that needs to be provided." Comstock also noted that it is possible for the Mayor’s Office to redact sensitive information that could pose a security risk. Nonetheless, he says, three years have passed and "the real calendar remains hidden from view."

When asked about the complaints regarding the calendar, Ballard responded, "Their criticism is baseless. We exceed far [sic] the requirements of the Sunshine Ordinance with the level of disclosure that we provide."

Erica Craven, an attorney who sits on the task force, believes there’s room for improvement on the mayor’s practices regarding sunshine. "My instinct is that there are a lot of people who work in the Mayor’s Office who are committed to open government," she says. "But there are some troubling things we’ve seen as well, such as complaints where the Mayor’s Office hasn’t sent a representative to respond to allegations. I would like to see a little bit more commitment and leadership on open government from the Mayor’s Office — I think it would set a good tone in City Hall."

In recent weeks, interest in the mayor’s schedule has intensified once again in light of the city’s financial predicament. In the face of a looming budget deficit of unprecedented size and with the economy in shambles and jobs at stake, journalists and affected citizens are seeking details about how the conundrum is being dealt with inside City Hall.

Last month, the Guardian filed a request under the Sunshine Ordinance for details on the mayor’s meetings about the budget, asking for "a list of all the labor and business leaders and supervisors that he’s met with about the budget, the dates of those meetings and how long they lasted, all documents associated with those meetings (including any agendas, communications to set up those meetings and follow-up communications after the meetings), and summaries of what was discussed at those meetings, including any outcomes or agreements."

Under the Sunshine Ordinance, such "immediate disclosure" requests are supposed be honored in two days’ time, but it took five days and a Guardian reminder for the Mayor’s Office to respond via e-mail, saying: "As you know, the Sunshine Ordinance does not require us to create documents. If you can point to a specific document that you’re seeking, I’d be happy to try and locate it for you."

Three days later, the Mayor’s Office forwarded the Prop. G calendar, which revealed that the mayor booked 7.5 hours of meetings about the budget crisis over the course of 17 days, none with labor representatives (whom Ballard said Newsom had met with). It included one-line entries disclosing whom he met with and when, but no information concerning the substance of the discussion. When the Guardian pressed for more information, the Mayor’s Office said there were no other documents associated with those meetings or any other information they were willing to provide.

Similarly, just last week, the Guardian tried to find out what the Mayor’s Office was doing about reports that Caltrain and the California High-Speed Rail Authority were balking at using the Transbay Terminal, citing technical concerns. On March 6, we asked who was working on the issue, what communications there had been with these agencies, and other basic information.

Ballard would say only that "The mayor is fully engaged in finding a comprehensive regional solution that ensures that high speed rail will come to the Transbay Terminal," and denied further requests for more substantive information.

Ballard acknowledges that the Mayor’s Office has "occasionally" been found to be in violation of the city’s Sunshine Ordinance. However, he noted, "I can’t remember a time when the Ethics Commission did not overturn a task force decision against our office. In other words, most if not all task force decisions against us have, upon review, been found to be without merit."

Actually, the chronically under-funded Ethics Commission isn’t charged with judging whether SOTF findings have merit. The SOTF is the arbiter of whether the Sunshine Ordinance was violated, but it has no enforcement authority and therefore must rely on Ethics to pursue violations — if it has the will and resources to do so.

This touches on a trend that Knee says is a fundamental challenge to upholding the Sunshine Ordinance. "If the [task force] finds that there has been a willful violation … we can refer our findings to any or all of four entities: Ethics, the Board of Supervisors, the District Attorney, and the California Attorney General," Knee explains. "At one time or another we have made referrals to any or all of those organizations. And every single time, those entities have thrown out our findings. Not one complaint we have submitted has been upheld."

To remedy this, he says, a package of proposed reforms is in the works. "We want to give the task force some teeth," he says. "We want enforcement power of our own."

Steven T. Jones contributed to this report.