› news@sfbg.com
Forget smoke-filled rooms and paper shredders — today’s government officials can elude public scrutiny from the comfort of their own e-mail accounts, conducting virtual meetings to do the public’s business.
To curb such activity, provisions in both the Brown Act (the state law governing open meetings) and the San Francisco Sunshine Ordinance have been interpreted as prohibiting the use of electronic communication between members of policy bodies. But not everyone has been heeding the rules, particularly in this hyperconnected age.
The TechConnect Task Force, a now disbanded advisory body charged by Mayor Gavin Newsom with creating a plan to bridge the city’s digital divide with free wireless Internet service, frequently used an e-mail listserv to conduct its business.
"Since these things were publicly posted right away, I should think there would be a transparency that advocates would like," said Emy Tseng, a member of the task force. "It was useful in the way e-mails and listservs are useful to anyone."
However, many contend the task force was engaging in activities prohibited under the city’s Sunshine Ordinance, even if the intent was to provide greater public access to the group’s work. Tseng, who claims to have never been informed by the City Attorney’s Office that the group might have been in violation of Sunshine laws, expressed the frustrations of many throughout the city who must comply with open-meeting policies.
"If you don’t use e-mail in this day and age, what can you do?" she asked. The answer, according to state and local laws, is to conduct public business in a public meeting, with the agenda posted in advance and where anyone can attend.
State and city public-disclosure laws apply to all "policy bodies," which can include nearly every government-sanctioned board, commission, or task force. Some members of these bodies have been suspected of vioutf8g open-meeting and public-disclosure laws through the use of online communication.
Seriatim meetings are presumably the most common illegal activity occurring under both open-information laws, although they are the hardest to detect. A seriatim meeting occurs when one member of a policy body privately contacts another, who then contacts another, in a chain of communication that eventually constitutes a quorum of the group.
An e-mail that is forwarded along to enough individuals, or a round of mass e-mails, would constitute a seriatim meeting, according to attorneys who spoke with the Guardian. While e-mail forwarding is a common practice for any office worker, some are just an unassuming click away from breaking the law.
"I would absolutely make it clear that anybody subject to the Brown Act or Sunshine [should] not communicate through e-mail," said Thomas Burke, a San Francisco-based attorney who specializes in media and Internet law and has represented the Guardian. "This could go on for years because people are not in the loop."
The Brown Act, passed in 1953 by the California Legislature, expressly bans a legislative body from using "technological devices" in order to communicate about topics relevant to the work of that body.
"The Brown Act itself forbids the majority of ‘technological devices’ — which is essentially anything you could imagine," said Terry Francke, director of Californians Aware, who also drafted amendments to the act in the early ’90s. Under the Brown Act, a committee member can be slapped with a misdemeanor for the intent to withhold information from the public or conduct prohibited meetings.
Many of the same issues are also addressed in the San Francisco Sunshine Ordinance, filling in more restrictions and open information requirements. Ironically, the TechConnect Task Force was charged with creating universal access to online discussions like theirs, although few legal experts think even that would nullify the requirement for open, public meetings in a physical – rather than virtual – setting.
According to a report released by the San Francisco TechConnect Task Force, 32 percent of Americans do not have access to the Internet. In San Francisco, certain populations are even worse off compared to national averages — for instance, women and the elderly.
"You have to consider if people are going to have equal access to meetings," Burke told the Guardian. "There is still a digital divide. As a public entity they have to be sensitive to this."
Recently, members of the city’s Peak Oil Task Force inquired with the City Attorney’s office about using Yahoo! Groups or a blog to increase efficiency on the all volunteer committee. Attorneys advised the group to stay away from Internet communication, as it can easily lead to prohibited seriatim meetings. Jeanne Rosenmeier, who is the chairperson of the task force, now spends more committee time trying to determine alternative ways to engage the public.
"It is certainly something that should be rewritten, to deal with modern technology so it corresponds with today’s reality," Rosenmeier told the Guardian. "If we have a public e-mail listserv that anyone can sign on to, that seems transparent; or if we have a blog, that’s pretty transparent."
In other cities that do not have sunshine ordinances, teleconferencing may be used legally under the Brown Act to conduct meetings. In Los Angeles, for instance, some boards and commissions teleconference when members would need to drive a few hours just to meet. There is some speculation that the language of the Brown Act could be augmented under this provision to allow for online communication, but there are no major groups pursuing the amendment.
In 2001, former California Attorney General Bill Lockyer wrote an opinion declaring the use of e-mail between policy-body members as an infraction of the Brown Act, even if the e-mails were made publicly available. "Members of the public who do not have Internet access would be unable to monitor the deliberations as they occur," the opinion states. "All debate concerning an agenda item could well be over before members of the public could [participate]."
According to the Sunshine Ordinance Task Force, there have been no complaints filed concerning prohibited online meetings, however there have been public information disclosures of private e-mail messages over the years. Recently, a group of deputy city attorneys were required to turn over an e-mail correspondence when a member of the public filed a complaint.
While Peter Scheer, director of the California First Amendment Coalition, understands the frustration of government officials who must abide by the cumbersome laws, he thinks the tradeoff is well worth it.
"The whole rest of society uses the power of e-mail and the only business that can’t use it is government, because they’re subject to the Brown Act," Scheer told the Guardian. "But we made the tradeoff already in efficiency versus accountability, to force all meetings and information to be open to the press and public."
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news@sfbg.com In what may be the last act of a quickly unfolding drama, Swiss banking giant Julius Baer has dropped its lawsuit against Wikileaks, an anonymous whistle-blower Web site, and Dynadot LLC, the site’s registrar. Baer’s attorneys had sought to shut down Wikileaks through a permanent injunction for hosting potentially damaging material about the bank’s activities in the Grand Cayman Islands. The bank’s decision last week follows its legal defeat Feb. 29 in which San Francisco federal court judge Jeffrey S. White withdrew his ruling to halt the US version of the Web site Wikileaks.org — and to also stop information from the site from being transferred to another server. White weighed arguments from both sides and said his withdrawal of the order against Wikileaks still raises serious issues about the extent of jurisdiction any US court has over the Internet. He essentially agreed that prior restraint of the site was unconstitutional, and that it could create a "chilling effect" on future free speech cases. He bowed to arguments from defense attorneys and said his prior order raises questions regarding "possible infringement of protections afforded to the public by the First Amendment." The anonymous forces of Wikileaks seemed to have braced for the legal blow. Within hours of the Feb. 15 takedown order by White, those in the know could access the site by entering the IP address, which is run on a server in Sweden and on other servers around the world. While no official Wikileaks defendant ever materialized because its operators remain a secret, the preliminary injunction order set off a firestorm of criticism from free speech advocates. One after another, lawyers from the ACLU’s San Francisco chapter, Public Citizen in Washington D.C., and nearly a dozen civil rights organizations rushed to intervene and defend the site. Shutting down the site is akin to "locking the doors of The New York Times," said Julie Turner, an attorney who represented Wikileaks in prelitigation matters. "I think this was a textbook example of what not to do," said media law attorney Thomas Burke of the bank’s efforts to seek a prior restraint. "This just completely backfired and garnered international attention." The documents posted on Wikileaks have been used as the basis for major news stories on subjects such as the treatment of inmates at Guantanamo Bay, the US military’s rules of engagement in Iraq, and corruption by Kenya’s former president. And instead of concealing documents, the case has drawn a maelstrom of attention to the bank’s alleged dealings, and it raises big questions about freedom of speech on the Internet. In their filing, Julius Baer attorneys said they still reserve the right to consider filing suit in the same court or elsewhere and are considering the company’s legal options. The bank’s spokesperson, Jenna Agins, declined a Guardian request for comments. Founded in 2006 by Chinese dissidents, journalists, and tech gurus, Wikileaks hosts 1.2 million leaked documents that aim to expose government and corporate wrongdoing. Anonymous site creators say they’re developing an uncensorable system for "untraceable mass document leaking and analysis" and are ready to fight any legal attack. Wikileaks may have evaded its censors this time, but the latest case portends the vulnerability of such sites and those involved in them. Julius Baer’s attorneys admitted to the judge they had a hard time tracking down a Wikileaks representative. So they went after Daniel Matthews, a Stanford grad student. According to the bank’s court filing, the bank’s attorneys found his name on a Facebook page listing him as an "officer" of Wikileaks and summoned him to court. Joshua Koltun, his pro bono attorney, rushed to file a brief to defend Matthews. "It was an extremely aggressive move because they were basically grabbing at straws," said Koltun, who appeared without his client in court. "They said he would face liability for a very tenuous connection or be confronted with disobeying the court order." The bank’s attorneys claimed that Wikileaks had disclosed confidential or forged information about its clients and said there was nothing newsworthy about it. In this way, they are attempting to pit freedom of speech against personal privacy rights. "Wikileaks has actively solicited the theft of private information," said William Briggs, one of the lawyers for the bank. "They are no longer shielded by the First Amendment." But freedom of speech laws trump privacy rights in this case, argues Matt Zimmerman, senior staff attorney for the Electronic Frontier Foundation, which filed an amicus brief opposing the judge’s injunction against Wikileaks. "The information was already out there and the bank wanted to force everyone who had a copy of it to pull it down." Perhaps the more salient point going forward, Zimmerman says, is that consumers are more wary of what Internet provider or domain registrar they choose and to make sure those companies protect free speech rights. In their suit, Julius Baer’s attorneys sued Wikileak’s domain registrar, Dynadot LLC in San Mateo, for hosting the site. The small start-up agreed in a Feb.14 court stipulation to all of the bank’s demands to disable the site and prevent its transfer to another server, in exchange for getting the case against them dismissed. "This is part of the reason why Congress has passed laws to get the intermediary out of the way," Baer said. "Dynadot was never liable for the information its user posted. It’s unfortunate that they apparently didn’t know the law well enough and decided to fold." Dynadot lawyer Garret Murai denied that his client had agreed to all of the bank’s terms. "The court’s order to remove the domain name settings is not something we wanted to do," he said. "We did not agree to that." David Ardia, an Internet law expert at Harvard, says even in the US, which has long established First Amendment protections, the threat of lawsuits against Web sites such as Wikileaks still lingers. The power of an individual judge to bring down a Web site still remains, he says, but not if sites can function on international servers outside US jurisdiction. Most online bulletins or blog posts allow people to post comments and remain anonymous, but not to the point where governments can’t find out who they are. What makes Wikileaks formidable, some say, is its software’s ability to cover the tracks of its users. Peter Scheer, executive director of the California First Amendment Coalition, says time will tell whether the Wikileaks site can prove its mission to covertly leak information and should never have been silenced in the first place. "As we as a society become increasingly dependent on the Internet as a source of information, the vulnerability of the Web site to that kind of action is something to fear," he said. "So when it happens, it’s important to draw maximum attention to it, to go into court with all guns blazing." From the stand, White conceded the problem with pursuing a case against an anonymous entity such as Wikileaks, which has no official representation and whose chief players remain invisible. Then he questioned the effectiveness of trying to control leaked documents, even if those responsible had somehow violated personal privacy rights: "When this genie gets out of the bottle, it’s out in the world." >
› news@sfbg.com Imagine sitting at home — or in your office, or in your favorite café — and listening in on what are now secret, backroom policy discussions and decisions in the San Francisco mayor’s office. Imagine having access to an immediate transcript of the talks. Imagine being able to read internal e-mail discussions among city staffers about issues that affect you — without ever filing a public records request. In fact, imagine never having to file another written request for public documents; imagine just going to a city Web site, entering a search term, and finding all of the records yourself. Imagine filing a complaint with a city agency and tracking the issue, minute by minute, as it works its way through the system. Imagine listening on your cell phone to any policy body as it meets in city hall. All of this is possible, today. Much of it is not only consistent with but actually required by local law. And it won’t cost the city more than a modest amount of money. Transparency is a common buzzword during this presidential campaign; the Barack Obama campaign has even issued a white paper describing policy and technological ways to embrace it. He’s talking about live Internet feeds of meetings about significant issues involving executive branch appointees as well as for those of regulatory departments (a program that would go far beyond what you see on C-SPAN). So there’s no reason San Francisco can’t take the lead in using technology — generally simple, off the shelf, existing technology — to dramatically increase sunshine at City Hall and public participation in local government. Proposition G, the city’s 1999 sunshine law, mandates that San Francisco use "all technological and economical means to ensure efficient, convenient and low cost access to public information on the Internet." Here are five easy ways to do that: 1. Fully adopt the voyeur concept for city meetings. This is the idea that the public should be able to observe and engage in government decision making — all government decision making. All policy meetings in City Hall should at the very least be broadcast as audio on the Web and available via phone teleconference. In other words, the meetings should be streamed online, and that stream should be accessible by calling a free conference line. This is already standard practice in the business world and is working well for many investors in public companies that disclose financial information in compliance with Securities and Exchange Commission rules. It can be done for little or no cost with services like blogtalkradio.com, skype.com, freeconferencecalls.com, and webex.com. Today only a limited number of public meetings are broadcast, mostly because the only outlet is SFG-TV and resources are limited. But audio streaming is a no-brainer — there’s no need for a staffer to control cameras, the microphones are already set up, and these days just about every room has a speakerphone. Currently, the SFG-TV video coverage isn’t posted on the city’s Web site, sfgov.org, until two or three days after a meeting. That’s too long; the audio should be made immediately available online. And the Internet URL and dial-in options should be listed on the meeting agenda so that news media and citizen bloggers can instantly refer back to the URL with timecodes to point out specifics, and include them in their stories and blog postings. With streaming, you can follow along in real time when you are stuck at home taking care of a sick relative, or at the office listening with headphones, or you are disabled and can’t cross town to attend in person. The city already has a great contract for real time captioning — the text you see at the bottom of the screen for video. It’s not 100 percent accurate, but it’s pretty decent. That could be expanded to cover streaming audio, and the text could be computer translated (or translated by bilingual typists) into other common languages. The advantage of media integrated with RTC is that specialized search engines like blikx.com and everyzing.com can be used to find relevant phrases and begin playback directly at that spot. And transcriptions can be posted online in real time (somewhat like live blogging!) so that if you are late for a meeting you can quickly scan what has already transpired, and by the end of the meeting you will effectively have a draft of minutes. That saves a lot of staff time and provides an immeasurably more useful historic record. Today, video recordings of city meetings can’t be downloaded — the only way to review it or post a clip to YouTube is to order a $10 DVD, which arrives a week after you send a check (and no, they don’t take PayPal). And while many other city meetings make audio recordings, you have to pay $1 for an audio tape and pick it up during business hours or pay more for postage. They all should be available as free podcasts. The SFG-TV video shows more than just the speakers and officials; there are other angles, and they ought to be available too. It’s important to know who attended the meeting but never said anything, who greeted whom, and even who ignored whom. 2. Let the public do the broadcasting. All City Hall meeting rooms should provide wi-fi (and electrical outlets), and the system ought to have enough speed to allow bloggers or activists to upload high-quality video broadcasts of meetings that SFG-TV can’t afford to cover. It can be done using existing services like Justin.tv, Upstream.tv, and live.yahoo.com. This would also allow live blogging — and let people preparing to testify on an issue have access to the Web to do research on the spot. If the room had a projector and a screen, people who were unable to attend the meeting could still comment, either through video or just by posting text messages that the decision makers could read. The audio broadcasting of meetings should be expanded to include all meetings between the mayor (or supervisors) and city staff. The law already requires public access to so-called passive meetings — those between the mayor or department heads and outside parties that influence city policy. 3. Make public most city emails and other documents as soon as they are produced. San Francisco city employees produce thousands of records a day — e-mails, memos, reports, etc. — and the vast majority of them are and should be public record. But many are deleted and others never see the light of day. When a member of the public asks for all the records on a topic, just finding those documents can be a sizable task. But it’s technologically simply to solve that problem: every time a city employee produces a document, the computer system should automatically send a back-up copy to a public web server. That way nothing would get lost or erased, and anyone looking for public information could simply go to that site and search for it him or herself. For e-mails sent by city staff, one way might be to CC (carbon copy) an online message board (for example Google or Yahoo groups, which would be available at no cost to the city). Other approaches for instant messages, text messages and voicemails could be adopted as well. The Palo Alto City Council is already doing something like this for a narrow collection of e-mails (although not in real time). We all know there are some city communications that must remain private or be redacted — for example Attorney Client discussions or human-resource conversations regarding personnel. But there are simply ways to make sure those stay confidential: one approach might simply have the user tick a flag or answer a Yes/No Possible Redaction popup when the message is sent. Certain employees — like the people who handle sensitive employee health records and certain litigators in the city attorney’s office — could have software that defaults to a confidential server. The added advantage, of course, is that the computers could also make a record of the title and date of every confidential document — and that information could be made public. If a dispute arose over whether the city was improperly withholding records, the public would at least know that certain documents existed. All city files could be stored on network drives (not on local drives) with one location for default public files that would not allow overwriting or deletions and would be mirrored to a Web server and another drive for the few that may require redaction first. 4. Save all the old records. After a very embarrassing lawsuit that is threatening the Missouri governor’s job, that state in January adopted an email retention system that preserves all email for at least seven years (based on federal requirements for financial records). And e-mail/instant message/text/fax retention systems are standard practice now in the financial industry (Morgan Stanley lost a $1.45 billion judgment because the company failed to preserve e-mail). In fact, we all know storage continues to get cheaper and smaller — so San Francisco should abolish any retention timeframes for electronic records and keep them all into the foreseeable future. The world-famous Internet Archive is right here in the Presidio: I suspect that group would love to archive all the city information, and keep it online, free and forever. When paper documents are part of the public record, they should be scanned and converted to text and posted within two days. This would include discussions between staff and individual members of policy bodies and the creation of the draft agenda and supporting materials as they are obtained. All these methods would significantly reduce the number of public records requests to the city staff and thus save the city money. 5. Make calendars public — and keep communications public. Mayor Gavin Newsom won’t provide detailed daily calendars — even after the fact, when there is no possible security reason for keeping his workday itinerary secret. All top officials should post their calendars on the web so the public can track what they are doing. The city needs to adopt a global policy that city business should be performed on city devices (computers, email accounts, phones) whenever possible — and when city employees or officials use their own computers or hand-held communications tools, those should be forwarded immediately to the city system and made public. San Francisco has one of the best local Sunshine laws in the country — and at a time when activists at every level are looking for ways to use technology to expand public access, the city should be in the forefront. All it takes is some political will. ———————————————————- Here are some more ways that the city could use technology to improve public access: 1. Use a program like govtrack.us to follow legislative changes. 2. Explore ways to bring nonprofits that perform traditional government services under sunshine laws. 3. Significantly improve the city’s Crimestats system (more real-time allow alerts for crimes near you) – google mashup et al. See http://chicago.everyblock.com/crime/ 4. Embrace e-rulemaking technology – similar to federal rulemaking use technology to get ideas online and generate more participation for those who can’t show up in a meeting. 5. Require the Police Department to issue press credentials to bloggers. 6. Fund a few open-government lawsuits to expand the boundaries on access to public records (the law provides for attorney’s fees if the suit is successful). 7. Require city agencies to post the method for obtaining public records online. Require posting of all negative determinations on home pages. 8. At budget time, mandate that each agency provide statistics as determined by SOTF on sunshine responsiveness. 9. Require an assessment of sunshine compliance as a mandatory item for all Financial/Management audits. 10. Televise SOTF and Ethics Commission formal hearings. 11. Require active Ethics investigative files to be open. 12. Embrace fully the much-improved but incomplete example of posting online all interactions as part of large contract negotiations – as was partially done with TechConnect. 13. Host accounts payable/receivables online with the scanned images of invoices paid. ——————————————————— >
The Palo Alto City Council is conducting a unique experiment in its efforts to comply with the Ralph M. Brown Act, which requires government bodies to conduct business in a public way. Palo Alto now posts e-mails from council members on the city’s Web site (www.cityofpaloalto.org/council), providing easy access to all with Internet capabilities. The e-mails were first posted online following a 2003 settlement of a Brown Act lawsuit against the city of Palo Alto by two local newspapers — Palo Alto Weekly and The San Jose Mercury News. Eight private e-mails were in question, disclosing the votes of a closed city council session, and while the city never admitted guilt in vioutf8g the Brown Act, language in the settlement established the practice of posting council e-mails on the Web site and making them available in council agenda packets prior to meetings. Peter Scheer, executive director of the California First Amendment Coalition, questions the merits of the system. "Some people would look at this and think it is a giant and serial violation of the Brown Act — but I wouldn’t necessarily say that," Scheer told the Guardian, noting that the prohibition on serial meetings bans such an approach. But he said that this is an interesting experiment, as long as council members don’t deliberate by e-mail. But assistant city manager Emily Harrison told us the messages avoid Brown Act violations by sticking to basic questions about agenda items, which the public can scrutinize. The city of San Francisco has no such system in place, and e-mails to and from the Board of Supervisors is available only through direct request. Frank Darby, the city’s Sunshine Ordinance Task Force administrator, said that the city had never looked into putting one in place. "We are not required to post e-mails [under the Sunshine Ordinance]," Darby said. However, he added, the city "constantly monitors" itself to ensure that it is in accordance with the Sunshine law. "There may be some people who disagree and feel that maybe we should put every e-mail online — but currently the Sunshine Ordinance does not require that e-mails be made available online." › sarah@sfbg.com On Valentine’s Day, Assemblymember Jose Solorio (D-Santa Ana) introduced Assembly Bill 1978, legislation that seeks to define computer mapping systems and make them available to commercial interests at a fee — a one-two punch that freedom of information advocates fear constitutes a serious blow to the California Public Records Act. Noting that computer mapping systems, computer programs, and computer graphic systems do not constitute public records under current law, Solorio’s bill seeks to amend the CPRA to define computer mapping systems to include "assembled model data, metadata, and listings of metadata, regardless of medium, and tools by which computer mapping systems are created, stored, and retrieved." AB 1978 would also allow "commercial interests, who are most benefited by these systems, to obtain the portion of these systems developed by a public agency, at a fee designed to offset the agency’s cost of maintenance for the computer mapping systems." But Oakland-based Bruce Joffe, who works as a geographic information consultant to cities, counties, and state agencies in California, warns that AB 1978 would allow public agencies to charge the public more for this data than the cost of duplication. "It would severely weaken the CPRA and reduce the public’s access to government records," said Joffe, noting that as the law currently stands, CPRA requires state and local agencies to make their records available and, upon request, to provide copies on payment of any applicable fee. Solorio aide Hazel Miranda told the Guardian that the intent of the bill is to protect software, not to restrict access to information. "Our intent is to protect the software, not to restrict the information that is given out on it," Miranda said, noting that the bill’s sponsor is the government of Orange County. "The concern was that a lot of corporations were taking this information — and when the information is given out, you have to give out the software, too — and using it to their own benefit." Joffe, who was the California First Amendment Coalition’s technical advisor when CFAC successfully sued Santa Clara County over access to the county’s tax maps, disagrees. "When you give information out, you are not giving out software, you are giving out data in export format," said Joffe, who believes Solorio wants to change the law so that AB 1978’s sponsor, Orange County, which has sold its tax maps for $400,000 in the past, can continue to sell its data. Holly Fraumeni, the AB 1978 lobbyist with the well-connected firm Putf8um Advisors, deferred questions to Bruce Matthias of Orange County’s legislative affairs, who told us, "The County of Orange has never disagreed on sharing public data. We are not trying to hide data down here. If you want it on a disk, we charge 25 cents. All we are doing is updating language in the bill. Our exclusive intent is to protect the software we’ve developed." Records show Orange County paid Putf8um Advisors $60,000 between October 1 and December 31, 2007. CFAC executive director Peter Scheer believes AB 1978 is an attempt to take the information that CFAC has tried to make freely available and put it back under lock and key, so that it is proprietary information that can be sold. Recalling how, years ago, the only way you could see a county’s tax maps was as an engineer’s rendering on paper, Scheer observed that when this data is computerized and made publicly available, "individuals and businesses can create all kinds of valuable tools or simply post the raw data on the Internet." Blair Adams, chief consulting officer at San Francisco’s Department of Technology and Information Services, says the city’s GIS data has been publicly available for five years. "We have no intent to change that," Adams said. "Our motto is ‘Go have it, and help us make it better.’<0x2009>" But while San Francisco treats this data as a public record and copies it for the price of a blank DVD, Santa Clara and Orange counties have treated it as a revenue generator. "They charge an arm and a leg, and another arm and leg, and whatever other appendages they can think of," said Scheer, noting that Santa Clara County charges $100,000 for a full base map of its real estate parcels — data that can be used to determine whether properties are assessed correctly, and whether pothole repairs are carried out equitably. "Likely clients willing to purchase this data would be utilities, phone companies, and developers, who can’t do without it," Scheer said. "But public health and safety departments need access to it, too." Joffe agrees, and it’s something he has plenty of experience with. He helps cities and counties create geographic information systems that allow ambulances to take the most efficient routes, the Department of Public Works to carry out better capital improvements, and the police to conduct better crime analysis. "Every department uses it, and because it’s in the government system, therefore it is a public record, and the public has the right to access those records at no more cost than it takes to duplicate them," Joffe said. He added, "If AB 1978 passes, we’ll lose considerable access." >
San Francisco has the best local sunshine law in the country — and there are still problems getting access to information. Even though the digital age in which we live affords government agencies with myriad ways to give citizens more access to public documents, there is too often little official will to create transparency. And often, bureaucrats are downright hostile to public scrutiny. But help is out there. This guide to local and national organizations offers a wide range of resources for journalists, citizen activists, and hell-raisers who want to track their tax money and hold their government accountable. The California First Amendment Coalition is an independent, nonpartisan, nonprofit organization whose mission is to "promote and defend the people’s right to know" by improving compliance with state and federal access laws. CFAC’s Web site contains an archive of articles dealing with FOI issues, the texts of state FOI laws, and other useful resources. 534 Fourth St., Suite B, San Raphael, CA 94901. (415) 460-5060, cfac@cfac.org, www.cfac.org. The California Newspaper Publishers Association is the umbrella organization to which most newspapers in the state belong, so it has an acute interest in open government. Its FOI Watch newsletter (also available online) includes a clearinghouse of sunshine news from around the state. 708 Tenth St., Sacramento, CA 95814. (916) 288-6015, tom@cnpa.com (general counsel Thomas Newton), www.cnpa.com. Californians Aware, run by former CFAC general counsel Terry Francke, helps activists and organizations get access to public meetings and records and offers resources on the Web for citizens, public officials, journalists, and attorneys. 2218 Homewood Way, Carmichael, CA 95608. (916) 487-7000, info@calaware.org, www.calaware.org. The Center for Investigative Reporting sponsors workshops on investigative techniques for journalists and university students. The center’s Web-based magazine provides FOI information, tips for journalists, and updates on past CIR investigations. 2927 Newbury St., Suite A, Berkeley, CA 94703. (510) 809-3160, center@cironline.org, www.muckraker.org. The DataCenter provides on-call research, consultation, and referrals to justice organizations regarding FOI issues. It also offers research and action training. Services are free or on a sliding scale, depending on one’s ability to pay. 1904 Franklin St., Suite 900, Oakland, CA 94612. (510) 835-4692, ext. 376, www.datacenter.org. The Electronic Frontier Foundation, an online First Amendment organization, works to uphold digital free speech, empower the online public, and protect privacy on the Internet. It provides stories and alerts on its Web site, with daily updates. Effector, an e-mail newsletter, is available through the site. 454 Shotwell St., S.F., CA 94110. (415) 436-9333, information@eff.org, www.eff.org. The First Amendment Project is a public interest law firm that provides legal representation, educational programs, and low-cost or free advice for journalists, public interest organizations, and individual citizens with public records and FOI-related issues. In a joint publication effort with the Society of Professional Journalists, the project offers three free pocket guides, on the Brown Act, California’s Open Meeting Law, and accessing court records. The Web page has information on using the California Public Records Act as well as on getting court records. 1736 Franklin St., 9th floor, Oakland, CA 94612. (510) 208-7744, fap@thefirstamendment.org, www.thefirstamendment.org. Media Alliance is a nonprofit media center that offers classes on journalism skills, including how to find and use public records. 1904 Franklin St., Suite 500 Oakland, CA 94612. (510) 832-9000, information@media-alliance.org, www.media-alliance.org. The Society of Professional Journalists, Northern California Chapter, FOI Committee fights for open access to information and educates members of the public on FOI issues. The group provides a subscription e-mail list for journalists and others involved in FOI and First Amendment issues in California as well as putting on the James Madison FOI Awards. 222 Sutter St, 6th Floor, San Francisco, CA 94108 (415) 321-1700, www.spj.org/norcal. The Brechner Center for Freedom of Information conducts research and educates the public in mass-media law and the First Amendment, including public access to government meetings and records and litigation information. University of Florida, College of Journalism and Communications, 3208 Weimer Hall, P.O. Box 118400, Gainesville, FL 32611-8400. (352) 392-2273, www.jou.ufl.edu/brechner. The Center for National Security Studies works with concerned citizens and groups to expose secret government policies and offers free assistance to those seeking records under the Freedom of Information Act. It also coordinates related litigation. 1120 19th St. NW, 8th floor, Washington, D.C. 20036. (202) 721-5650, cnss@cnss.org, www.cnss.org. The FOIA Blog, created by an FOIA Washington attorney, has an updated list of documents currently being released by several government agencies infoprivacylaw@yahoo.com, www.thefoiablog.typepad.com. The Freedom of Information Center of the University of Missouri School of Journalism has a collection of more than one million articles and documents about access to information at the local, state, and federal levels. The center works to ensure compliance with sunshine laws around the country. Its Web site contains links, updates, and tips on FOI inquiries. A free e-mail newsletter provides information on developments in FOI access and issues; you can sign up by contacting umcjourfoi@missouri.edu. University of Missouri, 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, daviscn@missouri.edu, www.missouri.edu/~foiwww. GovernmentDocs allows people to browse and search thousands of pages acquired through the FOIA and sunshine laws. Registered users can review and comment on documents. www.governmentdocs.org GovTrack provides information on the U.S. Congress. It compiles information on federal legislation, voting records, and other congressional date and simplifies the language for ordinary citizens. It also indexes all bills, as well as changes to them, in Congress and all roll call votes www.govtrack.us. Investigative Reporters and Editors provides educational services for investigative reporters and editors. The group’s Web site offers FOI-related resource guides, a database of FOI stories, tips for using the Freedom of Information Act, and a database of previous FOI requests. University of Missouri School of Journalism, 138 Neff Annex, Columbia, MO 65211. (573) 882-2042, www.ire.org The National Freedom of Information Coalition is composed of First Amendment organizations dealing with FOI issues. It provides resources for the media, government officials, lawyers, and citizens who want access to public information. The coalition also offers seminars and workshops to media professionals, attorneys, academics, students, and the public on FOI issues and helps nurture start-up FOI groups and Internet sites. Its Web site offers links to relevant legislation and organizations state by state, as well as an Internet mailing list, FOI-L. 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, cdavis@nfoic.org, www.nfoic.org. OMB Watch is a member of the Public Access Working Group, a coalition of organizations promoting greater access to government information. OMB Watch offers an online newsletter, OMB Watcher, available on its Web site or by e-mail, which typically includes articles on FOI issues. To subscribe to the weekly e-mail version, e-mail join-ombwatcher@lyris.ombwatch.org. 1742 Connecticut NW, Washington, D.C. 20009. (202) 234-8494, www.ombwatch.org. The Project on Government Secrecy is an advocacy and public education project of the Federation of American Scientists. The project has an extensive archive and provides regular news updates through its Web site and e-mail newsletter, Secrecy News. 1725 DeSales Street NW, 6th floor, Washington, D.C. 20036. (202) 454-4691, www.fas.org/sgp/index.htm. Project Vote Smart provides information on local, state, and national candidates, including voting records, issue positions, campaign contributions, phone numbers, and mailing addresses. The database is accessible by calling the toll-free hotline at 1-888-VOTE-SMART. 1 Common Ground, Phillipsburg, MT 59858. (406) 859-8683 comments@vote-smart.org, www.vote-smart.org. The Radio-Television News Directors Association is the world’s largest professional organization devoted to electronic journalism. It lobbies for cameras in courtrooms and strong FOI laws and provides coverage of FOI issues on its Web site. 1600 K St. NW, Suite 700, Washington, D.C. 20006. (202) 659-6510, www.rtnda.org. The Reporters Committee for Freedom of the Press operates the 24-hour FOI Service Center at 1-800-336-4243 to answer emergency questions from journalists and others with open-records problems. 1101 Wilson Blvd., Suite 1101, Arlington, VA 22209. (703) 807-2100, rcfp@rcfp.org, www.rcfp.org. The Society of Professional Journalists advocates for open access to information and educates members of the public on FOI issues. The society’s Web site has an FOI section with extensive links to resources and information, including a list of FOI advocacy organizations. 3909 N. Meridian St., Indianapolis, IN 46208. (317) 927-8000, questions@spj.org, www.spj.org. State Sunshine and Open Records shares information, guidance and advice on developments and news about open records at the state and local level. They also have an extensive list of links to other sunshine blogs. www.openrecords.wordpress.com. The Student Press Law Center works with the Reporters Committee for Freedom of the Press to cover FOI and other First Amendment issues reutf8g to high school and college journalists. It offers free advice, lawyer referrals, and analysis. 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209. (703) 807-1904, admin@splc.org, www.splc.org. The Sunlight Foundation develops a database to ensure transparency in government and fiscal accountability. They digitize new info and provide access to existing information. 1818 N Street NW, Suite 410, Washington, D.C. 20036, (202) 742-1520. www.sunlightfoundation.com. WikiFOIA helps people understand the FOI Act on a state and federal level by providing a how-to-guide about open records requests, as well information on how to make that request. www.wikifoia.pbwiki.com. The Guardian Web site has extensive information and links concerning international press-freedom issues. For details on journalists under fire, including frontline dispatches and reports from the battle to keep the world safe for journalists, go to www.sfbg.com/journalists/. For updates, dispatches, and links to national and international FOI groups, go to www.sfbg.com/FOI. The UK FOI Blog provides a glimpse into how FOI issues are dealt with across the pond by listing news and developments on FOI in Great Britain. www.foia.blogspot.com. Local government resources The Government Information Center, on the fifth floor of the San Francisco Public Library’s Main Branch, stocks public documents published by the city. These include annual reports for committees and departments, minutes and agendas of official meetings, environmental impact reports, and city audits, ordinances, and resolutions. San Francisco Public Library, 100 Larkin St., S.F., CA 94102. (415) 557-4500, www.sfpl.org. The Oakland Public Ethics Commission responds to complaints and holds hearings on possible violations of the city’s Sunshine Ordinance. Records, tapes of the commission’s meetings, agendas, and minutes can be picked up at the commission’s office. 1 Frank Ogawa Plaza, 4th floor, Oakland, CA 94612. (510) 238-3593, ethicscommission@oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html. The Office of Information and Privacy, U.S. Department of Justice, provides online versions of frequently requested records, opinions, policy statements, and guides to the Freedom of Information Act. The guides include detailed instructions for filing FOIA requests, average response times for different governmental offices, and a wealth of other useful information. The text of the FOIA is available on the office’s Web site. 1425 New York Ave., Suite 11050, Washington, D.C. 20530. (202) 514-3642, www.usdoj.gov/oip/oip.html. Public Access to Court Electronic Records is an online database of court records and decisions. Web access is 8¢ a page, and requires registration through the Web at www.pacer.psc.uscourts.gov. P.O. Box 780549, San Antonio, TX 78278. 1-800-676-6856, pacer@psc.uscourts.gov. The San Francisco Ethics Commission monitors and enforces the Sunshine Ordinance and the city’s governmental-ethics, campaign-finance, and lobbyist-reporting laws. Individuals can file complaints regarding violations of the Sunshine Ordinance. The commission meets the second Monday of each month at 5:30 p.m. in City Hall, Room 408. 25 Van Ness, Suite 220, S.F., CA 94102. (415) 252-3100, ethics.commission@sfgov.org, www.sfgov.org/site/ethics_index.asp. The San Francisco Law Library is open to the public, though only government officials, state bar members, and judges can check out items. Main reference library: Mon.-Fri., 8:30 a.m.-5 p.m., Veterans War Memorial Building, 401 Van Ness, Room 400, S.F. (415) 554-6821. Courthouse reference room: Mon.-Fri., 8:30 a.m.-4:30 p.m., 400 McAllister, Room 512, S.F. (415) 551-3647. Financial District branch: Mon.-Thurs., 9 a.m.-9 p.m.; Fri.-Sat., 9 a.m.-5 p.m.; Sun., noon-4 p.m., 685 Market St., Suite 420, S.F. (415) 882-9310, www.ci.sf.ca.us/site/sfll_index.asp. The Sunshine Ordinance Task Force oversees compliance with San Francisco’s sunshine law by investigating complaints from individuals who believe city officials have withheld records or conducted meetings in violation of the law. The task force meets the fourth Tuesday of each month at 4 p.m. City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244 (meetings held in Room 408), S.F. For complaint forms and other information call (415) 554-7724 or go to http://www.sfgov.org/site/sunshine_index.asp The California First Amendment Coalition publishes the California Journalist’s Legal Notebook, a handy guide to the legal issues surrounding telephone interviews, press passes, gags on sources, and other journalism-related topics ($36.25, $30.88 for CFAC members, shipping included). Also by CFAC is The New Brown Act: How the Open Meeting Law Has Been Revised ($12.75, $7.39 for CFAC members, shipping included). (415) 460-5060. The Oakland Public Ethics Commission publishes a free brochure, How to Notice a Public Meeting under the Oakland Sunshine Ordinance and the Brown Act, useful for making sure a public meeting follows the requirements of the Brown Act. (510) 238-3593, (510) 238-6620, ethicscommission@Oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html. Access to Courts and Court Records in California, Open Meeting Laws in California, and The California Public Records Act are free, convenient, quick-reference guides published by the Society of Professional Journalists, Northern California Chapter, and the First Amendment Project. (510) 208-7744, www.thefirstamendment.org/freepress.html. The ACLU Freedom of Information Project publishes Using the Freedom of Information Act: A Step-by-Step Guide (#4002, $3) and Your Right to Government Information (#1190, $5.95), which covers a broader range of topics, including how to get into public meetings. Both publications can be ordered online through the ACLU’s e-store or by phone. ACLU Publications, P.O. Box 4713, Trenton, NJ 08650-4713. 1-800-775-2258, www.aclu.org. The Government Printing Office publishes The Freedom of Information Act Guide and Privacy Act Overview ($63), a 986-page guide to the FOIA produced by the Justice Department. It can be ordered by phone at 1-866-512-1800 or online at bookstore.gpo.gov. The Citizen’s Guide is available in its entirety online at www.fas.org/sgp/foia/citizen.html. The Freedom of Information Clearinghouse Guidebook is a free brochure about making FOIA requests and appealing agency decisions. It’s available online through the Freedom of Information Clearinghouse. www.citizen.org/litigation/free_info/index.cfm. Paper Trails: A Guide to Public Records in California ($12.89), written by Stephen Levine and Barbara Newcombe, is published by the Center for Investigative Reporting and supported by the California Newspaper Publishers Association. It can be ordered from the CIR. An abridged, online version is coming soon. 2927 Newbury St., Suite A, Berkeley,, CA 94703. (510) 809-3160, www.centerforinvestigativereporting.org/ The fourth edition of the Investigative Reporters’ Handbook ($61, $51 for Investigative Reporters and Editors members), by Steve Weinberg, Brant Houston, and Len Bruzzese, is a comprehensive and accessible guide for novice and experienced journalists that shows how to locate and use more than 500 sources of public information. (573) 882-3364, www.ire.org/store/books. The Reporters Committee for Freedom of the Press supplies a wealth of publications on public access and other First Amendment topics. How to Use the Federal FOI Act ($5) is a handbook on FOI rights, with instructions for appealing if your request is denied, and includes sample letters. The First Amendment Handbook ($7.50) is a journalist’s pocket guide to FOI issues. Two guides — Judicial Records: A Guide to Access ($3) and Access to Electronic Records ($5) — analyze state laws and decisions regarding access to legal records and government electronic data. Tapping Officials’ Secrets is a set of guides to state public records and open-meeting laws ($10 a state). The News Media and the Law is a quarterly magazine that includes updates on legislation pertinent to FOI ($30 a year for four issues). Some of these publications are available in their entirety online; all can be ordered online. 1-800-336-4243, www.rcfp.org. The second edition of Law of the Student Press ($18) is a vital handbook for student newspapers. It’s extensively annotated but avoids legalese and tries to bring the law to life for students and educators. The Student Press Law Center also publishes Covering Campus Crime, Third Edition ($2) and the Student Press Law Center Report ($15 for three issues a year). (703) 807-1904, www.splc.org. Citizen Muckraking: How to Investigate and Right Wrongs in Your Community ($9) offers advice on writing press releases, conducting interviews, and using the FOIA. The book, a collaborative effort by the Center for Public Integrity, is available through Common Courage Press. 1-800-497-3207, www.commoncouragepress.com >
Click here for details on the First Amendment Awards Dinner. Norwin S. Yoffie Career Achievement Award If journalists were the subjects of trading cards like baseball players, the Dan Noyes rookie card would be just as impressive as a 2008 career highlights card. Think Reggie Jackson: a long, impressive career, spanning multiple organizations and a propensity to come out swinging big at the end of a hard-fought battle. Over a career spanning 30 years, Noyes has pursued serious investigations, some lasting as long as a year, into everything from questionable Liberian timber imports to illicit gun trafficking from United States suppliers to the Nuestra family gang. Journalism first interested Noyes during the crucial investigative reporting that sparked Watergate scandal in the early 1970s. In 1977 Noyes cofounded the Berkeley-based Center for Investigative Reporting (CIR), an independent news organization which produces in-depth stories and documentaries for all major news outlets. In 1979, reporting for the ABC News program 20/20, CIR broke a story on a swindling United Nations charity organization and its connections to international drug trafficking. More recently, Noyes has done a series of print and broadcast pieces concerning gang violence in California and its effect on the lives of those surrounding the lifestyle. Noyes still holds an executive position at the CIR and continues to contribute to the world of investigative journalism. Beverly Kees Educator Award Cliff Mayotte sees his Advanced Acting Class at Lick-Wilmerding High School as one that merges students’ "consciousness and awareness as young adults with their skills and energies as performance artists." The subtitle of the course is "Theatre as Civic Dialogue," and the eight students enrolled during the 2007 spring semester used all their abilities to pull off a notable show. After an introduction to Documentary Theatre — a form he described as "oral history turned into performance" — the group selected a topic that was important to them, giving birth to the "Censorship Project." The students interviewed their peers, teachers, and administrators to gather perspectives on the ways in which expression and opinion can be muted or altered, both voluntarily and involuntarily. They reached out to organizations such as Project Censored, the First Amendment Project, and the Ella Baker Center for Human Rights. They transcribed interviews and studied subjects in order to capture statements, word patterns, and mannerisms of interviewees, then shaped the themes into a 60-minute performance. Professional Journalists "Being a high school sports guy, I don’t get to do this very often," the Modesto Bee‘s Will DeBoard said of his first major foray into investigative reporting. He had gotten a tip that the California Interscholastic Federation was investigating recruiting violations by the football program at Franklin High School in Stockton, which competed with schools in his area. DeBoard asked the school and CIF about recruiting violations, but the football coach flatly denied the allegations and the CIF wasn’t much more helpful. So DeBoard decided to make formal requests for public records with the help of business reporter Joanne Sbranti, and after fighting through some initial denials, he obtained hundreds of pages of investigatory documents from CIF showing how the school was recruiting players from American Samoa. "It really was a treasure trove of great stuff. We got two weeks’ worth of stories out of these documents," DeBoard said. "It really showed us that what the school was telling us just wasn’t true." The documents detailed the recruiting scheme and gave DeBoard tons of leads for follow-up stories, including the address of "a home owned by the coach where there were all these gigantic Samoan linemen living there." DeBoard called the effort an "adrenaline rush" better than that caused by the best game he’s covered and a high point of his journalism career. Contra Costa Times investigative reporter Thomas Peele has a long history of battling for public records access on behalf of both reporters and private citizens. Peele, who helps with projects for all the newspapers under the Bay Area News Group-East Bay ownership, helped ensure the recovery of thousands of e-mails from the Oakland mayoral tenure of Jerry Brown when he left office to become the state’s attorney general in 2006. Peele also helped conduct a statewide audit of Public Records Act compliance by law enforcement agencies with the nonprofit Californians Aware, which revealed glaring inconsistencies in how police across the state make information about their activity available to the public. And he’s been a major figure in helping the Chauncey Bailey Project pry out new information about Bailey’s murder last year and it’s connection to Your Black Muslim Bakery. He began his career in 1983 at a small weekly in Bridgehampton, N.Y., and moved from there in 1988 to the Ocean County Observer in New Jersey before joining the CCT in 2000. KTVU-TV producer Roland De Wolk is leading the investigative team of photographer Tony Hedrick and video editor Ron Acker in a quest to get the names of drivers who regularly use FasTrak lanes but don’t pay anything. But to date, says De Volk, the Metropolitan Transportation Commission has been blocking his team’s quest. De Wolk told the Guardian that his team filed a California Public Records request when the MTC wouldn’t provide information on the amount of money it was losing thanks to drivers who don’t pay tolls when they use FasTrak lanes. "We asked MTC for specific numbers last summer and got little information. That makes a reporter’s antennae quiver," said De Wolk. But when he and his team asked for the numbers of people obstructing their plates, the MTC started acting squirrelly, De Wolk said. "Finally, after six to eight weeks of asking we got an answer: a photo of a car whose plate was blank," fumed De Wolk, whose team continues to push for the names of the 10 most frequent FasTrak violators. Broadcast News Outlet When KGO-TV reporter Dan Noyes and producer Steve Fyffe asked Muni to turn over records of public complaints against its drivers, they were ready for some bureaucratic foot dragging. But they never expected the yearlong grudge match that followed. First, the union representing Muni drivers sued to keep the records sealed. Then Muni’s parent department, the Municipal Transportation Agency, made a backroom deal with the union and released a blizzard of confusing and heavily redacted paperwork that would have made the Pentagon blush. "It was essentially a big document dump," Fyffe told us. "There was no way to tell one form from another or which driver was which." Noyes and Fyffe convinced their bosses at KGO-TV to file a lawsuit for full access to the records. The station prevailed, after which Noyes and Fyffe received over 1,200 pages of public complaints about 25 drivers. Recently, the station went back to court after Muni refused to release surveillance tapes of the drivers. As in the previous case, the judge ruled that the public had a right to the materials and forced the transit agency to hand the tapes over. Fyffe said he sees KGO’s legal successes as small victories in a much larger fight. "I hope in the future that this case will make Muni and other city departments more [responsive] to records requests … these kinds of incremental victories hopefully lead, little by little, to a more open government." Print News Outlet The Sacramento Bee operates in a city run by top-tier politicians and their spinmeisters, so the editors and reporters there have placed increasingly high value on using documents to support their stories. "We’ve always used public records here. Being in a state capital, we’re a little more aware of the necessarily of that," managing editor Joyce Terhaar said. "You just need to be able to tell a story about what’s really happening." Yet she said that in recent years, the Bee has made a concerted effort to hire public-records experts and to have them share their knowledge with the paper’s staff through regular workshops. And last year, those efforts paid off with a string of big, impactful investigative stories. Among them was Andy Furillo’s look at how much the state was spending to fight inmate care lawsuits, Andrew McIntosh’s exposé on the lack of oversight for paramedics and emergency medical technicians, and stories by John Hill and Kevin Yamamura on misconduct by the state’s Board of Chiropractic Examiners. In selecting the Bee, Society of Professional Journalists judges recognized these individual efforts as well as the Bee‘s "institutional support of reporters and their use of public records for numerous stories." Community Media One of the only ways to uncover corporate wrongdoing is to dig through court records, and it’s the job of the press to report what it discovers, said Becky O’Malley, executive editor for the Berkeley Daily Planet. She was convinced that a prior court order violated the public’s constitutional rights to see court documents, so the small daily newspaper sued and won in a California appeals court last year, making public 15,000 pages of records from a class-action suit filed against Wal-Mart in 2001. The documents included allegations that the company had denied rest breaks to its workers and deleted hours from paychecks. In the Planet‘s freedom of information suit, the appeals court judges agreed with the paper’s attorneys that the case could set a dangerous precedent where the public would have to prove its right to access court records. "It’s becoming more of a trend for judges to grant permanent seals on court records," said O’Malley. That’s unfortunate, she added, since "the only way the public finds out about bad things going on in society is through court records." Special Citation Award After Oakland journalist Chauncey Bailey was murdered last August, a large group of Bay Area media organizations formed a rare coalition to investigate his death and the activities of Your Black Muslim Bakery, a long-time East Bay institution believed by police to be involved in the killing. Since then, the group has produced several stories complete with audio, video, and photo presentations, the most recent of which is a series by retired Santa Rosa Press-Democrat reporter Mary Fricker detailing the sexual assault allegations made by young women once in the custody of Yusuf Bey Sr., founder of the bakery. Fricker received help from independent radio journalist Bob Butler, investigative reporter A.C. Thompson, and MediaNews staff writers Cecily Burt, Thomas Peele and Josh Richman. Other stories have reported allegations of real estate fraud against bakery associates, explored potential coconspirators in Bailey’s death, and examined the bakery’s ties to several prominent politicians. More about the project — the first of its kind since a group of journalists investigated the murder of Don Bolles more than 30 years ago in Arizona — can be found at chaunceybaileyproject.org, or at www.sfbg.com/news/chaunceybailey. Public Official It was a staff member, Kathryn Dresslar, who told Assemblymember Mark Leno how horrible state agencies had become at complying with the California Public Records Act. Dresslar served on the board of Californians Aware, a group that advocates for open government, and she described to her boss how a 1986 audit by the organization had given every one of the 33 agencies in California government a failing grade. Ryan McKee, then a high-school student and the son of CalAware board president Rich McKee, had visited each agency and asked for a few simple things. He wanted to see each agency’s guidelines for public access, and he requested some basic information, including the salary of the agency director. Agency after agency refused to follow the law. So Leno introduced legislation that would have mandated that every agency post its access guidelines on the Web — and included stiff fines for agencies that violated the Public Records Act. "It put some teeth into the law," Leno told us. "And I got 120 of 120 members of the state Legislature to vote for it. That wasn’t enough for Gov. Arnold Schwarzenegger, who vetoed the bill, saying it wasn’t needed. The governor insisted that he had already ordered state agencies to fix the problem. "It was a great eye-opener for me, and showed me the resistance this administration has to allowing public access to state government," Leno said. "Without that access the public is at a great disadvantage." Library It might be hard to believe, but in 1949 the University of California Regents, a bastion of higher education, rode the wave of anticommunist fervor and McCarthyism, forcing all UC employees to take a loyalty oath. The Board of Regents adopted the rule that UC administrators pushed forth: denounce communism and swear loyalty to the state, or face losing your job. As could be expected, people resisted and 31 faculty, workers, and student employees lost their jobs. They appealed the case to the California Supreme Court and eventually were reinstated in 1952, but the controversy cast a pall over the UC’s reputation and divided campuses. With the help of a grant from UC President Emeritus David Gardner, archivists from UC Berkeley’s Bancroft Library and other researchers painstakingly compiled 3500 pages of text, many audio statements, and photos from four UC collections. The online collection, which went live in December 2007, serves as primary source material for students and researchers who want to understand how UC administrators got embroiled in and came to terms with the McCarthy-era tensions that rocked the country. Legal Counsel Electronic data is the new frontier for public-records law, and Rachel Matteo-Boehm, a lawyer with Holme, Roberts and Owen, last year won a key case preserving the public’s right to access to what some public agencies have tried to claim was proprietary data. The county of Santa Clara produced a digital map showing property lines, assessors parcels and other key real-estate data, and that became the basis for a geographic information system tool. The GIS would allow users to plot everything from property taxes to street repairs, public investment, political party registration, school test scores and other trends. But Santa Clara wasn’t giving it out to the public: The database cost more than $100,000, which meant only big businesses could use it. Boehm went to court on behalf of the California First Amendment Coalition to argue that the data was public, and must be made available without high charges. "As information begins to be collected in electronic form, and governments choose to put information in sophisticated electronic formats, you can run into real public-access problems," Boehn told us. Boehm convinced a Santa Clara Superior Court judge that the data was indeed covered under the California Public Records Act. Now Santa Clara must make the map available to the public — and other counties with similar data, seeing the results of the suit, are following that rule. The decision was a key one, Boehm said: "One day we’re going to wake up and all there will be is electronic records," she noted. And if governments can apply different rules to those documents, "you can kiss the Public Records Act goodbye." Whistleblower When Dan Cooke shared details of an alleged sewage spill on Alcatraz Island with the Guardian, the health of the national park — where he’d been working as an historical interpreter for over a decade — was foremost on his mind. But he lost his job after the story was published — apparently for taking a proactive role in noting details of the spill in the island’s log book and speaking candidly to the press about what he’d seen. Wanting nothing more than a return to his job leading educational tours of the island, he filed an administrative claim with the US Department of Labor against the Golden Gate National Park Conservancy and the National Park Service. And he called the Guardian. We reported his firing. The next time Cooke called, it was to happily report he was back on the job. Citizen SuperBOLD has accomplished something entirely different from what it set out to do. Originally, the small group of devoted Berkeley public library users organized to oppose the installation of RFID tags in books. "In the process of going to library board of trustees meetings, we discovered they were vioutf8g the Brown Act," said Gene Bernardi, who heads SuperBOLD’s steering committee with Jane Welford, Jim Fisher, and Peter Warfield. They found, among other things, that certain documents were only made available to trustees and a lottery system was employed in selecting speakers during public comment. They took their complaints to the Berkeley city attorney and joined up with the First Amendment Project, which threatened a lawsuit. Things have changed, though it’s still not perfect — city council meetings only allow 10 speakers and the library trustees still play the lottery for public comment, but marginal improvements portend better days. "Now you can speak more than once," said Bernardi. "Now you can speak on consent calendar and agenda items. So there are more opportunities to speak … if the Mayor [Tom Bates] remembers to call public comment." Electronic Access For years, web pioneer Carl Malamud has sought ways to use the Internet to connect average citizens with their government. His new Web site public.resource.org helps that cause by excavating buried public domain information and posting it online. Though still in its early stages, the site already allows users to tap into hard-to-find records from places like the Smithsonian, Congress, and the federal courts system. Even though most government records are part of the public domain, fishing them out from the bureaucratic depths can be a daunting and expensive task, even for someone like Malamud. During a lecture at UC Berkeley last year, he related his recent difficulties in acquiring a simple database from the Library of Congress. Instead of turning over the materials, officials at the Library cited dubious copyright protections and presented Malamud with a bill for over $85,000 — all for access to supposedly public information. Thanks to Malamud’s Web site, that database and millions of other documents are now available with the click of a mouse. Ultimately, Malamud hopes public.resource.org will help bring about an age of "Internet governance," in which every last byte of public data winds up online for all to see, free of charge. THE SOCIETY OF PROFESSIONAL JOURNALISTS MARCH 18, 2008 TICKETS: >
EDITORIAL The California Public Records Act needs an update. So does the state’s Brown Act, which mandates open meetings of government bodies, and the San Francisco Sunshine Ordinance. These are the landmark laws that keep government from operating in secret — but all were written long before the explosion of information technology profoundly changed the way city, state, and local agencies compile, sort, process, present, and preserve information. And now, with agencies at every level trying to use information technology to hide data from the public and courts struggling with laws that didn’t anticipate the modern era, open-government advocates need to be working on every level to protect and expand access. As we point out in this issue, technology can be used to spy, to hide, and to obfuscate — but it can also be used to make the operations and processes of the public sector far more open and accessible. Properly used, today’s information technology can vastly improve the way governments work — and it’s neither difficult nor expensive to make that happen. The state Legislature, the San Francisco Board of Supervisors, and the Sunshine Task Force should be looking at ways to make sure that computers don’t increase secrecy — and to take advantage of the opportunities modern technology offers. The Brown Act, passed in 1954, forbids public agencies from meeting in secret, except in very limited circumstances. The San Francisco Sunshine Ordinance goes further. The laws have been interpreted to mean that the members of a board or commission can’t use e-mail to discuss pending business; that would amount to a closed-door meeting. That same interpretation ought to apply to members participating in discussions on, say, a Yahoo! news group. Deliberations on a policy matter would be taking place outside of public view. But what if the public was invited? What if a virtual discussion took place before or between traditional meetings — and any member of the public could log in from anywhere (work, home, the public library, terminals in City Hall) and watch? What if people — who are now allowed only a minute or two to comment in public meetings — were able to post longer, more detailed comments that policymakers would see during online discussions? What if the entire record of that meeting were instantly available on the Web, in a searchable form? Would that be an increase in public access? What about the large number of people who still don’t have computers or Web access — would they be left out? That’s just one of the questions sunshine advocates are talking about. Legislators need to be addressing the issues, too. As Kimo Crossman reports on page 14, increasing public access doesn’t have to be difficult or expensive — in fact, there are ways to save the city money. One obvious idea: almost every document that’s produced by a city employee, including e-mail, is already considered a public record. Why not simply program the computers to make an instant copy of everything and post it to a public Web site? That way someone looking for memos from, say, the Public Utilities Commission addressing solar energy could simply search that site with those key words and come up with all of the records quickly. That would save time for journalists and citizen watchdogs who now have to request those records from the agency — and it would save money for the city. If the documents were all searchable for anyone, there would be no need to spend time and money responding to public-records requests. It wouldn’t be hard at all to add a "possibly confidential" key to records, preventing documents that really should remain secret from going into the public file. And the computers could automatically generate a list of the documents being withheld, so the public could find out what records are remaining out of view. Over time, old paper records could be scanned and put on the site, too. And with electronic storage so cheap these days, there’s no reason why all public records can’t be preserved in an accessible form and location. The County of Santa Clara a few years back began putting together a valuable data trove that included all of the county’s real estate and property ownership records. That allowed for the creation of a geographic information system that could be used to track property sales, taxes, crime rates, building permit applications, and much more. A wonderful public service — except that the county didn’t offer it to the public. The data was for sale, for more than $100,000 a license. It took a lawsuit by the California First Amendment Coalition to force the county to back off and make the data public. But that’s just an example of a trend that’s cropping up all over the country: governments are developing ways to make more use of information — and then are trying to copyright it, sell it, and make money. The problem with that, as attorney Rachel Matteo-Boehm, who handled the CFAC case, points out, is that it segregates access to information by wealth. The rich get the tools of technology to understand and use public data; the poor don’t. It’s a dangerous trend and the Legislature should address it right away. Information created by public agencies using public data should be public — no excuses, no exceptions. And if the software that makes it easy to process that information is created by the public sector (or under contract to the public sector) the public needs free access to it. The Legislature also needs to shoot down a series of attempts by the secrecy lobbyists to cut off access to new types of data. A bill now before the Assembly, AB 1978 by Assemblymember Jose Solorio (D-Anaheim), would exempt certain types of information from the Public Records Act. The bill appears to be aimed at overturning the Santa Clara decision but could also address an issue that has come up in San Francisco: that of so-called metadata in public documents. Metadata is embedded information that may be in a file that doesn’t appear when the file is printed out. The City Attorney’s Office has been arguing that metadata isn’t public. That’s nonsense — it’s part of a public document, created at public expense by public employees. The Legislature needs to reject this bill — and instead pass a law that would specifically require agencies to release any internal data that’s created as part of a public record. The San Francisco Sunshine Task Force is in the process of updating and improving the city’s landmark law, and it should seek to incorporate some of the suggestions above. The Task Force also needs to be sure that the amendments to the law give that oversight body the teeth it needs to enforce public-access requirements. Far too often, city officials simply ignore task force findings, and, as Sarah Phelan reports on page 17, the Ethics Commission and the district attorney rarely follow up with sanctions. For starters, the task force should have the right to subpoena documents and witnesses (without first asking the supervisors for approval — a cumbersome process). The panel should have its own full-time legal counsel. It should also have increased enforcement power: while giving the task force the right to levy fines and sanctions is politically tricky, a provision that allows the task force to order the release of documents — backed up with the full support of the City Attorney’s Office — ought to be part of the final package. › tredmond@sfbg.com The week that the San Francisco Unified School District sent out preliminary layoff notices to 535 teachers, the New York Times Magazine devoted much of its special money issue to educational philanthropy. It’s a vicious kind of irony. The United States heads into a deep recession, but for a new generation of multibillionaires, it’s another gilded age. Fortunes built over the past 15 years or so put the likes of Carnegie and Rockefeller to shame, and as the guys from Google recently proved, it’s still going on. And the tax laws are more favorable to the rich than they have been at any time since the 1920s, so less and less of that greater and greater concentration of wealth is available for public priorities such as education. But that’s OK, the Times says: Bill and Melinda Gates are giving a lot of money to schools. Something like $350 million a year. Wow! That’s enough to make up for maybe 10 percent of the current cuts to school districts in just the state of California. Thanks, Bill. I don’t think anyone with the last name of Gates or Buffet reads the Guardian every week, but I bet a copy or two makes its way down the Peninsula to the Googleplex and maybe Oracle headquarters, so I’d like to make a suggestion here to the very rich. You want to make a difference with your philanthropy? Well, you could start by funding a massive educational campaign to convince Californians that public education works and is valuable, then underwrite a ballot initiative to raise income taxes on people like yourselves. That would do more good, for more kids, for more years into the future than any amount of grantmaking on planet Earth. But maybe that’s asking too much. Maybe that’s not measurable or accountable enough. Maybe you can’t put the test scores on a computer graph and track the day-to-day impact or your investment the way you can track your stock prices. So let’s try something else. Maybe you could save one school district. That’s right: one school district. A big one. Somewhere in urban America. I’d suggest the San Francisco Unified School District in the great state of California, but I’m biased. Just pick a district where the public money falls far short of the educational needs that also has a credible, competent elected school board running things. And instead of setting up charter schools or building new gyms or concert halls with your name on them, put a big chunk of money — say, $3 billion — in a trust fund that would generate a few hundred million a year, forever. And then let the local school board spend it. Sure, you’ll get some corruption. Sure, some of the money will be wasted on stupid pet projects or dumb ideas. But that’s going to happen whatever you do. And I would argue that right now, if the San Francisco schools got an additional $300 million a year, no strings attached, on top of the existing state funding, the public schools would improve radically, a generation of kids would be far better prepared for life, the achievement gap would close up a good bit, and there would be quantifiable, measurable progress on every possible metric. And suddenly, maybe even the tax-averse people of California would realize that well-funded schools are worth paying for. Sergei? Larry? Anyone? Hundreds of people– teachers, administrators, school staff, parents, children, union members, state and city officials– gathered in front of the State Building at McAllister and Van Ness, to demand job security for educators and to put education at the top of California’s priority list. By Vanessa Carr Bay Area multimedia project Plain Human calls this Tuesday, March 11th “Prisoner Awareness Day.” They ask that people wear orange – the color of most prison uniforms – in an effort to spark daily conversation about imprisonment and its effects on our communities. They also invite the public to participate in a group exercise regiment demonstration/performance outside of City Hall on Tuesday from 3:30 to 4:30 p.m. “We want to break the silence that we carry as family members and members of communities that are criminalized,” says San Francisco-based artist and Plain Human founder Mabel Negrete. With a brother in prison, Negrete has personally experienced the rippling effects of incarceration in a family. Negrete worries that her brother, who struggles with mental illness and is one of many inmates who has acquired Hepatitis C inside prison walls, may never be able to return to normal life. “His condition [since going to prison] has worsened because there is no rehabilitation for him to overcome the isolation of the incarceration,” says Negrete. “I am not sure that he can come out of that. Conditions are such that people cannot improve.” Plain Human is part of the year-long Prison Project at Intersection for the Arts, which has featured a wide range of programs since it started in early 2007, from multiple gallery installations and a day-long conference in February 2008 featuring Angela Davis as its keynote, to a pen pal project that connects incarcerated and non-incarcerated artists. The Prison Project’s closing exhibition, featuring artwork from both sides of the prison walls, will be on display through March 29, 2008. But the lineup on the left is a who’s who list of top progressives: supervisors Chris Daly, Jake McGoldrick and Aaron Peskin, Public Defender Jeff Adachi, school board members Eric Mar and Kim-Shree Maufis, likely supervisorial candidates Debra Walker and Eric Quesada, mayoral runner-up Quintin Mecke, and McGoldrick’s son Jamie. If elected, they would join incumbent progressives such as Robert Haaland, Michael Goldstein, and Rafael Mandelman. “I think what you’ll see is a more progressive central committee,” said Bill Barnes, chief of staff for Assembly member Fiona Ma and a progressive member of the DCCC who is also running for reelection. They are also likely to use a coordinated campaign this year to present progressive policy options to San Franciscans just as Newsom is working to sell a Lennar-sponsored development proposal on the June ballot and using a power grab on city committees to try to take control of the public agenda. The Raveonettes By Chris DeMento Minimalism is a science too often associated with badly played and poorly written rock ‘n’ roll. That inane, barely listenable mush can become noise art in the burning hearts of burrito-munching garage enthusiasts. You know, of course, that burrito means “Hey, you in the little donkey costume.” Thankfully, the Raveonettes‘ brand of minimalism is by no means a consumptive joke, but the enchilada proper, drowning in truth: three great good chords; a sweetly sexed, girl-on-boy approach to harmonizing whose average results in unfailingly lusty melodies; a trusty, persistently quaternary time signature; and, to my surprise, nary a kickdrum. Sune Wagner, Sharin Foo, and a would-be Taiko drummer – standing in a sleeveless T behind a tom and a snare – created a steady stream of sleepy homage to the early days of rock on Wednesday night. Lingering perhaps a bit too long on their old stuff, they eventually got around to new cuts like “You Want the Candy” and even a Stereolab cover, “French Disko,” to boot. New, old, or other, the music they play comes deadeningly [sic], unmistakably alive in its solemnity. Their 4’s, 8’s, and 16’s are layered to taste and well loved by the San Franciscans who packed the house, one of whom couldn’t restrain his zealous “Welcome to San Francisco!” between the first and second numbers of what was to be a compact, though nonetheless decorous set. A quiet “thank you” was returned by the 6-foot, superduper-Cholula-hot Foo, who proceeded to slay the same three chords over and over to the indolently unanimous enjoyment of the audience. They even played a song in 6 (or was it 3?) towards the end of the set: good news for fans who’d like to see them expand their horizons just a bit. Click here for full lawsuit coverage. A San Francisco jury this afternoon found the San Francisco Weekly and its corporate parent guilty of illegal predatory pricing and awarded us $6.39 million. Under state law, part of that verdict is subject to treble damages, bringing the total award to $15.6 million. The battle isn’t over; Rod Kerr, attorney for the Weekly, told me immediately afterward that the 16-paper chain intends to appeal. But the verdict sends a clear signal to small businesses, independent newspapers and the alternative press that a locally owned publication has the right to a level playing field and that a chain can’t intentionally cut prices and sell below cost to injure a smaller competitor. Our coverage of the 26th San Francisco International Asian American Film Festival kicks off with Marke B writing about Harold and Kumar Escape from Guantanamo Bay, a sequel which offers a refreshing change from the stodgy fare that usually receives special presentations from less imaginative festivals. Marke asks star John Cho and screenwriters Jon Hurwitz and Hayden Schlossberg to pass though the bullshit detector, and they irreverently oblige. Elsewhere, Kimberly Chun surveys the influence of the late Edward Yang, one of the fathers of modern Taiwanese cinema, not that the Academy of Motion Picture Arts and Sciences – which recently left him out of their annual “In Memoriam” montage – would know. I take a look at Brillante Mendoza, whose brief directorial career to date is adding energy and variety to many-faceted CineManila activity. Keep an eye out for an upcoming interview with Mendoza in Pixel Vision, and check our short reviews of other SFIAAFF — now, that’s an acronym — features. (Johnny Ray Huston) >> Multiculti cock-meat sandwich >> Are you lonesome tonight? >> Manila: the drama >> Take one THE SAN FRANCISCO INTERNATIONAL ASIAN AMERICAN FILM FESTIVAL runs March 13-23 at the Castro Theatre, 429 Castro, SF; Kabuki Cinemas, 1881 Post, SF; Clay Theater, 2261 Fillmore, SF; Pacific Film Archive, 2757 Bancroft, Berk; and Camera 12 Cinemas, 201 South Second St., San Jose. For tickets (most shows $10) and more information, go to www.asianamericanmedia.org. › a&e@sfbg.com Arguably no modern film director made a better sustained entrance than Peter Bogdanovich, whose first four features were all triumphs. Targets (1968) was a chilling conceit that brought Hollywood pretend terror (Boris Karloff basically playing himself) against a modern real-world horror, the randomly mass-murdering sniper. That critical success led to a major studio deal to adapt (with then wife and collaborator Polly Platt) Larry McMurtry’s novel The Last Picture Show (1971), a melancholy black-and-white flashback to 1950s rural Texas. It won two Oscars, was nominated for five more, and served as a launching pad for actors including Jeff Bridges, Ellen Burstyn, and Cybill Shepherd. Next came What’s Up, Doc? (1972), a delightful, San Francisco–set nod to 1930s screwball comedies with Barbra Streisand and Ryan O’Neal. Its huge success was equaled by 1976’s Paper Moon, with O’Neal and daughter Tatum as a Depression-era confidence duo. That’s a heady four hits in five years — and they’ll all be shown at the Castro Theatre in a tribute to the director presented by Midnites for Maniacs’ Jesse Hawthorne Ficks. Another four films will be seen in director’s cuts different from original theatrical versions. Further, Bogdanovich himself will be on hand at all but the earliest matinees. He’s a great raconteur who’s insightfully frank about the ups and downs of an eventually checkered career. "Ups and downs" puts it mildly. While Bogdanovich started out on top, Hollywood relished kicking him with each downward step. But he’s still here — and especially visible recently, thanks to his role on The Sopranos as Lorraine Bracco’s shrink. Behind the camera too, he’s gotten love lately from the four-hour DVD documentary Tom Petty and the Heartbreakers: Runnin’ Down a Dream (2007). Bogdanovich, who hasn’t directed a big-screen movie since 2001’s lamentably underseen The Cat’s Meow with Kirsten Dunst, hopes to soon start shooting an adaptation of Tracey Letts’s jet-black stage comedy Killer Joe — and he’s got other irons in the fire. If it’s thus a fine moment to be Bogdanovich, there have been many not-so-great ones. Phoning recently from Los Angeles, he recalls that before the debut of Daisy Miller (1974), his first commercial failure, critic Judith Crist asked him, "Is it good? It better be … because they’re waiting for you." Catching major flack for that film was Shepherd, the model-turned-actress he left Platt for. "Peter and Cybill" were inseparable, possibly obnoxious. They cohosted The Tonight Show for a week and were reportedly arch as hell. They occupied the inaugural cover of People, with the headline "Living Together Is Sexy." The director quotes Cary Grant (doing a perfect vocal imitation) advising, "Petah, please stop telling people you’re happy and in love!" Asked why, Grant said, "Because they aren’t happy and in love." Even those who liked Daisy Miller went Attila on 1975’s At Long Last Love, a lavish tribute to ’30s musicals with Cole Porter songs recorded live by some actors who were trained singers (Madeleine Kahn) and others who weren’t (Shepherd, Burt Reynolds). It was meant to be charming. It got the most vitriolic reviews this side of Battlefield Earth. Bogdanovich now says, "We rushed and fucked it up. The first preview in San Jose was an unmitigated disaster. Then we recut and remixed, and it played quite well. But I made some calamitous changes after that, and didn’t preview it again before release. We were just killed. Later we made a different edit. When Jesse called me to say he was showing it, I said, ‘Why?’ ‘I like it.’ ‘Oh, you’re the one.’<0x2009>" The Castro will screen that improved edit — which is charming. Although the title is still a pseudonym for "turkey," At Long Last Love has never been released on video or DVD. In a town where success usually excuses all egotism, Bogdanovich had still somehow crossed a line. His failures were blamed on sheer arrogance. "I got a lot of that," he says — though back then a purportedly imperious on-set demeanor and statements like "I’m not modest, I’m not humble, and the more success I have, the more critics will resent me" surely didn’t help. He’d had the temerity to befriend Hollywood legends including Grant, John Ford, and Orson Welles — who was practically a permanent houseguest. Who the hell did he think he was? Cynics had already interpreted Bogdanovich’s hit homages to Hollywood’s past as evidence he didn’t have an original thought in his head. Then they gloated over his nonhits. Despite the star power of Reynolds and both O’Neals, Nickelodeon was a 1976 Christmas flop. (Forced to shoot in color, Bogdanovich says, "It’s another movie in black and white" — which is how he’ll show it at the Castro.) Despite excellent reviews, 1979’s Paul Theroux adaptation Saint Jack didn’t find an audience. Ditto 1981’s They All Laughed, an enchanting, ensemble romantic comedy. It was (among other things) a valentine to his new love and protégée, erstwhile Playboy centerfold Dorothy Stratten — who shortly after filming ended was killed by the thuggish promoter-husband she’d tried to leave amicably. That murder-suicide was followed by more ugliness: a war of words between Bogdanovich and Hugh Hefner; "dramatization" of the tragedy in 1983’s Star 80 ("I begged Bob Fosse not to do it") and a TV movie; and distribution problems for They All Laughed that cost him millions. Sympathy soured when Bogdanovich became involved with Dorothy’s younger sister, Louise — who was all of six months older than his own daughter. (Nonetheless, their eventual marriage lasted 13 years.) Bogdanovich had a left-field comeback in 1985’s Mask, with Eric Stoltz as Elephant Kid and Cher as biker-chick mom. But even that was marred by public sparring with both Cher and studio execs. The latter substituted Bob Seger tunes for Bruce Springsteen ones key to the story’s real-life inspiration. (The Castro’s "theatrical world premiere" cut restores all the Bruuuuce.) Whether good, bad, or indifferent, his subsequent ventures flopped. In an eerie echo of past events, 1993’s The Thing Called Love came out (barely) after star River Phoenix OD’d. Bogdanovich turned to directing TV episodes (including for The Sopranos) and cable movies. It wasn’t a comedown, he says. "The scripts were good … and I got to work with actors like Cicely Tyson, Sidney Poitier, and George Segal." Bogdanovich also relit an acting career abandoned decades earlier. Having written essays about film history (notably for Esquire) before moving to Hollywood, he thinks his industry hater trail is partly due to perception of him as critic turned filmmaker. He considers the roughly 45 stage productions he acted in (and the 6 he directed) from age 15 to 24 as his real prior job. Given all past tempests, Bogdanovich seems on good terms with his exes — Shepherd (in town with the play Curvy Widow) has promised to show up at the Castro late Friday for The Last Picture Show and At Long Last Love; Louise is flying in to talk about her late sister when They All Laughed shows on Sunday. Is it painful for them to see Dorothy Stratten onscreen? "Yeah, especially now that [costar] John Ritter has died," he says. "But you know, when you see it with an audience, it’s OK — it takes the pain somewhat away. One of the peripheral tragedies [to Stratten’s death] was that the movie was never properly seen in its day. You couldn’t really look at it in the way it was meant to be enjoyed." A GENUINE TRIBUTE TO PETER BOGDANOVICH Fri/7–Sun/9, $10 per day ($25 weekend pass) Castro Theatre 429 Castro, SF PREVIEW When they founded Spundae in 1993, Peter Beckers and Guiv Naimi pioneered America’s electronic superclub a full two years before New York’s legendary (and sadly departed) Twilo. The duo managed to mix distinguished San Francisco talent — Jerry Bonham, Jondi and Spesh, Alain Octavo, Scott Carelli — with international superstars such as Pete Tong, Felix da Housecat, DJ Tiesto, Armin van Buuren, and Christopher Lawrence. After all the downs (a partnership-turned-rivalry with UK superclub Godskitchen, a stalled record label) and ups (an offshoot in Los Angeles, a partnership with luxurious Ruby Skye, international acclaim), Spundae stands firm as a distinctly American dance music bastion. Sasha and Digweed’s upcoming stop in late April demonstrates Spundae’s undiminished drawing power. To celebrate 15 years of success, Spundae attracts (what else?) local and international talent for a two-day celebration. Qoöl masterminds Jondi and Spesh prepare the opening course of progressive house on Thursday, setting the table for two young coheadliners: Canadian Deadmau5, who creates a signature sound by pouring energy into coolly-synthed numbers and epic electro productions; and Brit James Zabiela, who combines glitchy effects and acid bass lines with nuanced drum patterns that betray a leaning toward intricate, sound-warping gear. San Francisco takes the stage Friday, as longtime Spundae resident Alain Octavo and promoter extraordinaire Dr. Syd Gris fill the floors early with house and progressive trance. Reigning "Best American DJs" Josh Gabriel and Dave Dresden blend popular rock remixes, euphoric vocal tracks, and grittier, techno-based projections into a four-hour headlining set sure to showcase why they’ve become international favorites. SPUNDAE 15-YEAR ANNIVERSARY Thurs/6, 9 p.m.–2 a.m., with James Zabiela, DeadMau5, and Jondi and Spesh, $15; Fri/7, 9 p.m.–4 a.m., with Josh Gabriel and Dave Dresden, Syd Gris, and Alain Octavio, $20 ($30 for both days). Ruby Skye, 420 Mason, SF. (415) 693-0777, www.spundae.com Every time I hear a Giorgio Moroder track, I am transported back to an exclusive Miami disco in the early ’80s. I’m Cuban drug lord Tony Montana, in my white polyester suit, disco dancing with the robotic, all-bangs, ultrablond Elvira Hancock. Her heavily stylized and mechanical moves are only bolstered by her last three nose-powdering bathroom trips. Fast-forward to a recent Saturday night at sleek Italo-disco night Ferrari, a monthly fundraiser for volunteer-based, DIY station 93.7 FM West Add Radio at Deco Lounge. While drug cartel members, big-name celebrities, and models were noticeably absent, the club — still in its infancy and more baby powder than coca powder — is still very insider-y, attracting a notable crew of local DJs, promoters, and scene makers. Hitting the dance floor, I was surrounded by a who’s who of San Francisco party throwers like Parker Day (Stiletto), Rchrd Oh?! (Hold Yr Horses, Lights down Low), and Juanita More (Trannyshack, Booty Call) among a mixed crowd of Mission kids, gay Tenderloin hipsters, and drag queens, all bumping on the dance floor to every conceivable disco subgenre — whether it was Italo, Euro, or Hi-NRG from assorted decades. DJs Christopher Vick (Gemini, Paradise), Jordan (House Parties), Nicky B (Electric Boogie), and Connor and Primo (Night Beat), who mix more obscure ’80s dance artists Klein and MBO with innovator Donna Summer, describe their records simply as "robot rock." As I passed a couple of girls dancing like automatons — with blond, heavy-on-the-bangs hair — I prepared to mourn the day this club is discovered by Bridgette and Tunnel. Maybe promoters can hire a machine gun–wielding security team to keep out the riffraff. But disco’s inherent inclusivity, bringing everyone together for an orgy of music and revelry, means biting the bullet and passing on the ammunition. FERRARI Second Saturdays, 10 p.m.–2 a.m., $5 Deco Lounge 510 Larkin, SF (415) 346-2025, www.decosf.com There’s never been any doubt pianist Gonzalo Rubalcaba could play. The 44-year-old Cuban émigré has been a highly favored sideman to top-shelf jazz leaders since landing in the United States some 15 years ago. He’s also had a steady recording contract with Blue Note and leads his own trios, which he dominates with an imposing virtuosity, an exacting sense of Cuban musical history, and a tense, brooding personality. Now Rubalcaba has an exciting new quintet with a striking potential for challenging even his outsize talent. Culled from New York City’s best young players, his combo could be one of those very special groups whose exceptional parts create an even greater whole. Together almost a year, they’ve just released their first record, Avatar (Blue Note) and are embarking on their first West Coast tour, playing at both Yoshi’s locations over the course of a week. Avatar includes three compositions by saxophonist Yosvany Terry, whom Rubalcaba knew from their youth in Havana, Cuba, and who brings a modern, angular urbanity to the jazz traditions they are both well acquainted with. Trumpeter Mike Rodriquez played with Charlie Haden’s Liberation Music Orchestra and has become one of the most sought-after young players in jazz. Bassist Matt Brewer had been with saxophonist Greg Osby’s group and suggested the stunning drummer Marcus Gilmore. Brewer and Gilmore are still in their 20s and bring a vibrant, youthful energy to the group that complements Rubalcaba’s old-world, old-soul vibe. Avatar nods to Rubalcaba’s Latin-classical side, closing with his arrangement of Preludio Corto no. 2 for Piano by the Cuban composer Alejandro García Caturla, but the disc also showcases Terry’s funky "Hip Side," Brewer’s meditative "Aspiring to Normalcy," and Horace Silver’s enduring ballad "Peace." It’s a riveting recording — and the combo’s live performances promise to be equally compelling. Of late, few major jazz ensembles stay together long enough to create really unique sounds and sensibilities. This particular quintet could have that kind of staying power. GONZALO RUBALCABA Mon/10–March 12, 8 and 10 p.m., $20–$24 Yoshi’s San Francisco 1330 Fillmore, SF Also March 13–15, 8 and 10 p.m.; March 16, 7 and 9 p.m., $12–$22 Yoshi’s 510 Embarcadero West, Oakl. (510) 238-9200, www.yoshis.com › superego@sfbg.com When we last left crazy-ass Kumar (Kal Penn) and his more straitlaced college pal Harold (John Cho), at the end of the 2005 stoner epic Harold and Kumar Go to White Castle, they’d just victoriously satiated their munchies with enough sliders to block a rhino’s colon. That movie was a classic bong-wielding buddy road-trip flick — Question: How long does it take two potheads to get to a drive-through? Answer: Neil Patrick Harris on ecstasy — that was improbably hailed by serious critics as a multicultural breakthrough. Kumar is Indian American and Harold Asian American, a combination of lead ethnicities that was new to the American mainstream. And even though lineage figures little in the characters’ daily realities, Harold’s and Kumar’s difference from the cartoonish honky inbreds and skinheads (and candid others of color) that exist beyond their postmillennial collegiate bubble — and who often mistake them for Arabs — fuels the plot. Dude, where’s my kufi? White Castle screenwriters Jon Hurwitz and Hayden Schlossberg giddily foreground the first movie’s subtext in their follow-up (which they also directed), Harold and Kumar Escape from Guantánamo Bay, a special presentation at this year’s San Francisco Asian American Film Festival. Mistaken for terrorists when they’re caught with a "smokeless bong" on a flight to Amsterdam, weed capital of the world, our hapless heroes ("North Korea and al-Qaeda working together," gloats their bumbling FBI nemesis) are imprisoned in Gitmo. After being presented with a jailer’s massive "cock-meat sandwich" — "I’ve never sucked dick before," quips Kumar. "I bet it sucks dick!" — and submitted to various tortures, they eventually escape, crashing a "bottomless" hot tub party, impersonating Crockett and Tubbs from Miami Vice, and lighting up with George W. Bush himself. No shit. I caught up with Hurwitz, Schlossberg, and actor Cho — a surprisingly intellectual type who studied English at UC Berkeley — as they prepared to promote the new movie at wacky comics convention WonderCon. SFBG For Arab Americans like me, this movie is like a nightmare come true. People gasp whenever I stand up on an airplane, and 9 times out of 10 I’m the one who’s pulled over for "random" searches. I know that Indian Americans often experience similar treatment. But Harold and Kumar Escape from Guantánamo Bay seems revolutionary in that it expands that situation to include the feelings of Asian Americans, and it’s playing at the [SF International] Asian American Film Fest. Do you think Asian Americans relate? JOHN CHO I would assume that every immigrant group has their own bag of individual problems. I don’t know if Asian Americans get hassled at the airport — maybe they do. Traveling with Kal on the publicity tour for the first film, I got to see firsthand how he was treated — and that’s real; he was patted down all the time. We were traveling together, and he’s the one that got pulled aside. I’m really happy that the film’s playing at the festival. I feared that Asian Americans wouldn’t accept this movie — the subject matter isn’t discussed much in the community — but it seems that the programmers feel they will. SFBG Not to state the obvious here, but Jon and Hayden, you’re a couple of white guys. I’m wondering if these scripts come from your own experiences, or if you do a lot of research? JON HURWITZ We’re white guys, but we’re Jews. So we’re already a minority subset, but I don’t really know if that plays into it. We’ve always had a large group of multicultural friends and been able to observe and have conversations with people with different points of view. As a writer and director you’re just hoping to put something out there that’s new. Something with Asian American and Indian American leads was something that hadn’t been done in the way that we were doing it. We felt that we had enough perspective as huge fans of comedy to pull it off. HAYDEN SCHLOSSBERG We didn’t set out to make this big statement, although I have to say when we looked at the first one when it was done, we said, "Wow, this is so much better than we thought." It went way beyond the fart jokes, weed humor, and nudity that we love to put up on-screen. But it’s really just a classic comedy trope. Two guys, a baggie, a voyage. . . . It was the right time to have someone finally throw ethnicity into the mix. The script took off from there. The only question now is, where else can we take this? Harold and Kumar Fly the Space Shuttle? JC And the focus is always on being funny first. The characters’ races are almost secondary. I find that so refreshing because a lot of Asian American cinema is just about being Asian American, how hard it is. Not to denigrate anyone’s work, but those movies get really repetitive, and fewer people want to see them. SFBG Speaking of space — John, you’re about to be mobbed at WonderCon because you’ve accepted the role of Mr. Sulu in the upcoming Star Trek film. Following in actor George Takei’s footsteps must feel huge. JC I’m delighted. As a kid it meant so much to me to see an Asian American on television and say, "Whoa! He’s not wearing a cone-shaped hat or teaching kung fu!" It was very important, a legacy that I desperately wanted to be a part of, and something I feel my work on the Harold and Kumar movies pays tribute to. Now Asian Americans can be stoners too. HAROLD AND KUMAR ESCAPE FROM GUANTANAMO BAY Sat/15, 9:15 p.m. Castro Theatre 429 Castro, SF (415) 621-6120 › johnny@sfbg.com Over roughly the past year, Brillante Mendoza has brought a pair of films to festivals that pack a particular one-two punch when they are programmed to play at the same event. Foster Child first bears witness to the final day that caretaker Thelma Maglangqui (superb veteran actress Cherry Pie Picache) mothers three-or-four-year-old mestizo John-John (Kier Segundo), and as sunlight gives way to night, it follows her from a Manila slum into the ostentatious hotel where she passes him over to wealthy white foster parents from San Francisco. Slingshot also uses a real-time conceit, but in an entirely different manner — locked within the mazelike alleys and shanties of Manila’s Mandaluyong City, it foregoes long takes and methodical passages to careen as if the camera were a baton passed from one preoccupied, panicky person to another. Or perhaps more aptly, as if the point of view was a valuable that one character fleeces from another’s pocket. As a melodrama, Foster Child fits into the dominant genre of Filipino feature films that screen at international festivals — a genre that certain North American critics might enjoy more than writers such as Richard Bolisay and Alexis Tioseco, whose critical conversations are as vital to thriving "CineManila" activity as any current filmmaker. In a piece on one of Tioseco’s excellent Web sites, Criticine, Noel Vera recalls a Rotterdam screening where fellow film scholar and Chicago-based critic Jonathan Rosenbaum compared Mike De Leon’s Kisapmata (1981) to Rainer Werner Fassbinder’s Martha (1974). Perhaps in that spirit, Rosenbaum’s contemporary, the critic and influential programmer Tony Rayns, has likened Foster Child to Fassbinder as well. I’d add another comparison that, however Eurocentric, is meant as a great compliment: Foster Child shares a number of similarities with Douglas Sirk’s mother of all melodramas, Imitation of Life (1959), such as a harshly ironic perspective on maternal bonds in a racist, capitalist world. When Mendoza’s film reaches its final wrenching moments — and Thelma seems stripped, at least temporarily, of life (even the future repetition of her foster maternal duties is harrowing) — a lesser director would have simply milked the pathos. Instead, Mendoza allows no mercy to invade his sympathy, presenting a sequence that calls to mind a scenario depicting Lana Turner’s selfish protests by the bedside of her dying maid Annie (Juanita Moore) in 1959’s Imitation of Life, a sight that is extra bitter because Annie’s lost daughter Sarah Jane (Susan Kohner) can be seen smiling in a nearby framed picture within the shot. Foster Child‘s climactic heartbreak is set against a backdrop of vulgar department store displays that privilege white glamour and which celebrate a false vision of familiar perfection. "The house that love built," proclaims one callow ad, depicting a mother and child. The cruel gods of capitalist marketing provide perfectly horrible set design. Those last glances, leading to a weary climb up a concrete public transit stairwell, also ricochet off Foster Child‘s sustained (and indeed Fassbinder-like) first shot: a silent, postcard-perfect view of Manila’s high-rise cityscape that gives way to a noisier look at the ramshackle slums at the feet of those skyscrapers. A more subtle echo occurs between two scenes that take place nearer to the narrative’s center: an idyllic, sunlit view of Thelma bathing John-John outside her home, and a later moment when she has to wash him in a hotel’s many-mirrored, intimidating bathroom. Engaged Web sites such as Bolisay’s Lilok Pelikula (Sculpting Cinema) have greeted this neorealist symbolism, and Foster Child‘s standing ovation at the 2007 Cannes Film Festival, with some wariness. Indeed, it is frustrating if international audiences take Mendoza’s movies for the whole of Filipino independent film today, when thanks to the punk-fueled Khavn de la Cruz, the monumental Lav Diaz, the prodigiously visionary Raya Martin, and the autobiographical John Torres, CineManila is frankly more inspired than almost all of the indie film — and much of the experimental work — currently coming from the United States. Mendoza’s talent equals or bests anyone who has passed through the Sundance factory in the past decade, but he and his more formally radical contemporaries have to vie for the same too-few spaces allocated to feature films from the Philippines at most festivals. By working within relatively linear narrative structures and feature-length frameworks, Mendoza veers toward the mainstream currents of vital Filipino independent cinema. But he’s demonstrating great versatility. Slingshot‘s burnt-brown palette, verging on black-and-white in nighttime scenes, contrasts greatly with the more colorful, sun-dappled view of slum life in Foster Child, which is so pleasant that soap bubbles blown by children float through one shot. But it would be a mistake to see Foster Child‘s view of cramped city blocks as purely idealized, simply because a fresh array of mothers with newborn babies can be found on every corner — a scene in which foster system overseer Bianca (comedienne Eugene Domingo) greets these women and knowingly checks in on their offspring has a sinister underpinning. Its title translated from a term (tirador) denoting a street hustler, Slingshot is harder and faster — money or valuables are frequently handed from one character to another on the sly as people move in an out of a shot that is itself moving forward. A viewer had best be on the top of his or her game while watching, because everyone in the film is on the make. But the gay Mendoza brings a subversive eye to the masculine genre of action: he knows that harder and faster might seem tougher, but it doesn’t necessarily mean one is savvier. Interestingly, while Slingshot‘s critical reception in CineManila realms seems warmer than that given to Foster Child, the film has had its share of semiblind assessments in English-language publications. More than one critic has complained that the film wears a viewer out with its frantic pace before it abruptly ends. The reviews fail to note that Mendoza frames his many-stranded story line and slum-stranded characters amid a broader view of societal and political corruption. He kicks the story off with cops raiding blocks of Mandaluyong City to round up and arrest people who are then bailed out by politicians in exchange for votes. He fades out with a glimpse of a pickpocket at work during a quasireligious campaign rally dominated by empty, clichéd speeches. Between those crowd scenes, Slingshot joins a wide variety of characters for intimate treks through semi-anonymous acts, only to abandon them — just as fate might and a politician’s promises are certain to. Tess (Angela Ruiz) steals video equipment to pay for a pair of dentures. Her illicit lover Rex (Kristofer King) neglects fatherhood in favor of druggy reverie. In an example of tail-biting irony, the impulsive Caloy (Coco Martin, whose open-faced melancholy carries over from Mendoza’s debut feature The Masseur [2005]) needs to scrape together cash to keep the pedicab that he’s using to earn money. Meanwhile, Leo (Nathan Ruiz, the gamine title character of Aureaus Solito’s 2005 The Blossoming of Maximo Oliveros, now adolescent and pimply) begins what will eventually become one of the worst days of his life by accidentally getting his dick caught in his pants zipper. The two-dimensional faces of political candidates — including actor Richard Gomez, then running in real life for a Senate position — look on from the campaign billboards and posters that dominate public spaces. In the eyes of the official system, Lopez’s Leo is the thief character of Slingshot‘s Tagalog title, but in the real world he’s just one of many everyday bandits, who are doing whatever they can to survive while a faceless upper class profits from their votes. There’s a potent undercurrent to Lopez’s performance perhaps being the titular one, though, since it’s much harsher than the similar turn he delivered as Maximo in Solito’s comparatively romantic film festival favorite. The differences in pace and look between Foster Child and Slingshot demonstrate that Mendoza is capable of sculpting widely contrasting true visions of Manila’s streets, which in turn shows that the exact same setting can take on widely varying characteristics based on one’s perspective at any given moment. Part of Mendoza’s versatility might be grounded in his background as a production designer under the name Dante Mendoza. It also might reflect a developing, nuanced queer sensibility, one that has forsaken forebear Mel Chiongo’s eye for international markets to also produce a feature, 2007’s Pantasya, that possibly plays off of Slingshot‘s view of corrupt police forces and probably adds a critical dimension to the age-old "I love a man in an uniform" motif of gay porn. After half a dozen features as a director, Mendoza has ranged from melodrama to action, from a pentet of gay sex fantasies to a story about education amid the Aeta tribe (2006’s Manoro). His next step will probably be hard to predict, and it’ll definitely be worth watching. FOSTER CHILD March 14, 6:45 p.m., Kabuki March 16, noon, Kabuki SLINGSHOT March 15, 7 p.m., Pacific Film Archive March 18, 7 p.m., Kabuki OPINION What does homicide in the Western Addition have to do with the closure of the worker’s compensation clinic at San Francisco General Hospital? How does a mobile methadone-treatment van affect the broader public health of San Francisco? These are just two of the questions that University of San Francisco nursing students are asking while San Francisco residents face a public health and safety crisis. Public health and safety are both affected by economic conditions. Nonetheless, we must all question a need-blind cutback in services to public health. It’s the task of San Francisco nursing professors to address the following confounding paradoxes: Homelessness Nursing students, Department of Public Health staff, and a host of individuals and organizations work together at the commendable, but intermittent, Project Homeless Connect, while midyear budget cuts will shutter Buster’s Place, the only 24-hour drop-in center that serves homeless persons every day of the year. Mental health Last semester USF students learned that increasingly scarce hospital beds for mentally ill and impoverished San Francisco residents were going to be cut back even further. Now budget cuts are planned that will decrease services for individuals on an outpatient basis. Violence Nursing students learn about the effectiveness of education and physical exercise in ameliorating the deplorable conditions of the city’s housing projects and streets. The Western Addition has recently suffered from a spate of shootings; it seems an odd time to close a healthy and safe alternative to the violent streets such as tennis courts. Occupational health The Occupational Health Clinic at SF General will soon be closed. USF students want to know why they should choose to work for a public health system that puts them at high risk for hepatitis B, HIV, back injury, and exposure to violent patients. Substance use Methadone treatment for opiate addiction is an imperfect clinical intervention, but it’s certainly better than users overdosing on the street or spreading HIV and antibiotic-resistant skin infections by sharing needles. However, methadone treatment is expensive, and an innovative program to bring it to addicts will be delayed for budget reasons. Access to care While the city’s health plan, Healthy San Francisco, is a laudable attempt to provide optional health care coverage to more residents, the budgets of public health clinics and hospitals that provide the care are being cut back. Public health nursing San Francisco has pioneered effective programs tackling the disproportionate infant-mortality, asthma, diabetes, and hypertension rates among African American and Latino San Francisco residents. Now the cadre of public health nurses who do this work will be reduced, and Laguna Honda Hospital is being rebuilt with fewer patient beds. Who will monitor and support the disabled and seniors in the community if not the public health nurses? As public health nurses, we implore our elected officials to protect the most vulnerable while making difficult decisions. Sasha J. Cuttler Sasha Cuttler is an assistant professor at the University of San Francisco School of Nursing
Freedom of Information: The leaks go on
Freedom of Information: More sunshine — easily and at no cost
Freedom of Information: Sunshine experiment in Palo Alto
Freedom of Information: Battleship metadata
Freedom of Information: A citizen’s guide to fighting secret government
LOCAL ORGANIZATIONS
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INTERNATIONAL ORGANIZATIONS AND RESOURCES
PUBLICATIONS
Freedom of Information: 2007 James Madison Award winners
DAN NOYES (COFOUNDER, CENTER FOR INVESTIGATIVE JOURNALISM)
CLIFF MAYOTTE
WILL DEBOARD
THOMAS PEELE
ROLAND DE WOLK
KGO-TV
SACRAMENTO BEE
THE BERKELEY DAILY PLANET
CHAUNCEY BAILEY PROJECT
MARK LENO
UC BERKELEY’S BANCROFT LIBRARY LOYALTY OATH PROJECT
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DAN COOKE
SUPERBOLD (BERKELEYANS ORGANIZED FOR LIBRARY DEFENSE)
CARL MALAMUD, PUBLIC.RESOURCE.ORG
NORTHERN CALIFORNIA CHAPTER presents the 23RD ANNUAL JAMES MADISON FREEDOM OF INFORMATION AWARDS DINNER
NEW DELHI RESTAURANT
160 ELLIS STREET
SAN FRANCISCO
No-host bar @ 5:30 p.m.
Dinner/Awards @ 6:30 p.m.
$50 SPJ members & students
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For more information, contact David Greene (dgreene@thefirstamendment.org)
Sunshine in the digital age
Editor’s Notes
Rally Against Pink Slips
Governor Schwarzenegger’s 2008-09 budget proposes a $4.8 billion cut in state education funds. This would create a $40 million deficit for the San Francisco Unified School District and, in anticipation, the City’s Board of Education sent out 535 pink slips to administrators and certified teachers this week. Paraprofessionals and support staff wait in limbo to learn how many of their positions are on the chopping block.
Organization and activism were in full effect at the rally: participants wore pink clothes, and carried pink balloons and signs to flaunt their opposition to termination notices; letters were written to Schwarzenegger; people carried signs reading ‘Sell a Hummer, Fund a School’ and ‘Terminate the Terminator’; chants of ‘Books Not Bombs!’ rang out; car horns blared in support.
Superintendent Carlos Garcia, who was in Sacramento yesterday with 100 state superintendents and 60 City principals to speak out against the cuts, displayed an oversized pink slip addressed to Arnold, and incited the crowd with the statement, “The fight is just starting…let’s keep the fight going!”
A number of local politicians offered words of outrage towards Schwarzenegger, as well as support of educators. Mayor Gavin Newson stated, “It goes without saying that we are opposed to the governor’s cuts.” He added that the city is not going to sit back and wait for the state to solve its woes, noting “There’s a $40 million problem, but we have a $30 million solution in our back pocket.” This refers to the City’s current $122 million rainy day fund that would divert 25% one-time infusion to SFUSD during a crisis.
State Assembly members Mark Leno and Fiona Ma also spoke. Both made specific mention of a bill, to be introduced tomorrow by Democrats in Sacramento, proposing a 6% severance tax on oil production in the state, as well as well as a 2% windfall profits tax on oil companies that could create $1.2 billion in funds to mitigate budget cuts. State Senator Carole Midgen vowed “We will never let them cut our schools”, and Supervisor Ross Mirkarimi called this endeavor a “Fight against the lack of common sense” of the Governor.
The stars of the day were the teachers, and one who received a pink slip is Tara Ramos. She is a second year probationary teacher of Spanish in 4th and 5th grades at Paul Revere Elementary in Bernal Heights. Revere is one of eight Dream Schools in SFUSD, which face especially rigorous standards in the No Child Left Behind era because a majority of students are at-risk, non-native speakers, and low proficiency.
Ramos said, “100% of the staff told the principal they want to come back,” in a recent staff meeting, yet 21 of 30 certified teachers got served notices this week, and many paraprofessionals have job insecurity.
While explaining the ‘Program Improvement’ requirements of NCLB–where standardized test scores are analyzed by factors such as race–Ramos stated, “Look at our population of kids at Paul Revere…the number of white kids you can count on one hand.” The irony of the whole situation is not lost on her or her colleagues: the tough schools that are full of young teachers face the most uncertainty; layoffs and rehirings create a cyle of shortages and voids; teachers are under constant scrutiny to raise test scores, and now have to worry about their jobs.
“It’s not fair,” Ramos said adamantly. Yet, her priority remains the children. “I’m not so worried about my job. I’m here for the kids…I can get another job.”
As Superintendent Garcia stated, the fight is just starting, so pay attention to this important issue. Write, call, or email the Governor’s office if you are opposed to his cuts, and hold all the officials accountable to their promises of support and finances. This is a social justice issue at its core.
Wear orange for prisoner awareness
Progressive power play for the DCCC
The word from the San Francisco Elections Office is that all hell has broken loose as the city’s top progressive political leaders file to run for the Democratic County Central Committee in a bold and surprising move to seize control of the political body from moderates like Mayor Gavin Newsom, Rep. Nancy Pelosi, and U.S. Sen. Dianne Feinstein. And the word is that Team Newsom was caught flat-footed, able to get only a couple administration loyalists — Mike Farrah and Catherine Dodd — to file before today’s 5 p.m. deadline.
Control of the DCCC would allow local progressives, most of whom have endorsed Barack Obama for president, to take advantage of the opportunity to push a more innovative political agenda and try to pressure the party to move to the left.
Live ‘n’ kicking at the Raveonettes
Independent, March 5
Guardian wins $15.6 million
Shit! Mike Lacey flees the courtroom after losing a huge verdict
Photo by Charles Russo
Bombs — and bongs — away!
Harold and Kumar Escape from Guantanamo Bay and invade the San Francisco International Asian American Film Festival
By Marke B.
Edward Yang searches for the personal amid the street gangs of Silicon Island
By Kimberly Chun
Brillante Mendoza looks at the costs of human lives
By Johnny Ray Huston
A quick guide to some Asian American Fest features
Saint Peter
Spundae 15-Year Anniversary
Say hello to my little Ferrari
A band apart
SFIAAFF: Multiculti cock-meat sandwich
SFIAAFF: Manila: the drama
Health care paradoxes