SEIU Local 1021

The battle for BART board

The race for BART board of directors in the upcoming November election has been highly contested this year. As we previously reported, incumbent James Fang faces a challenge from investor and former solar company entrepreneur Nicholas Josefowitz, a Harvard graduate in his early 30s.

Here’s your opportunity to listen in on the Bay Guardian endorsement interviews with candidates running for BART board. Alongside our colleagues from down the hall at the San Francisco Examiner (check out the Examiner’s endorsements here – they’re rather similar to ours), we spent a couple weeks interviewing candidates running for office in local and statewide races.

Here’s our interview with James Fang.

And here’s our interview with Nick Josefowitz.

As we explain in our Endorsements issue, which hit newsstands yesterday, we decided to go with Josefowitz. It was a surprisingly tough choice, given how long we’ve been wanting someone to make a strong and well-funded challenge to Fang, San Francisco’s only Republican elected office holder and the longest serving director at an agency that has been hostile to worker safety reforms and meaningful oversight of the BART Police Department.

We got our wish when Josefowitz entered the race, did well in fundraising, and got lots of progressive political support. But SEIU Local 1021 strongly supported Fang, who walked the picket lines with striking BART workers last year. They and other Fang allies also highlighted Josefowitz’s opposition to CleanPowerSF and Prop. G, raising questions about his progressive credentials and political naïveté.

Fang deserves credit for supporting BART workers last year and with advocating for a BART extension to Ocean Beach. But the BART board needs new blood, and we believe Josefowitz has the energy, ideas, and perspective to move the district in a more sustainable, accountable, and innovative direction.

SEIU Local 1021 backs motorist measure and a Republican. WTF?!?!

0

Service Employees International Union Local 1021 — which has long played an important role in San Francisco’s progressive movement, providing the money and member turnout to achieve some important victories for the left — finds itself at odds with many progressive activists in this election, particularly on the issue of transportation.

As we previously reported, the union has been aggressively campaigning for BART Board member James Fang’s reelection this year, even though Fang is the city’s only elected Republican and not particularly progressive on transit and other issues. But he was the only BART board member to walk the picket line with the workers during last year’s disastrous strikes, so it’s understandable why the union would stand with him now.

What’s less understandable is why Local 1021 has endorsed the Yes of Prop. L campaign, which seeks to undermine San Francisco’s transit-first policies and transfer money from Muni operations to subsidize more free public parking for automobiles, joining such unlikely allies as the San Francisco Republican Party, the SF Association of Realtors, and the SF Chamber of Commerce.

So we asked Local 1021 Political Chair Alysabeth Alexander about the endorsement, and she told us: “One of our member leaders is a proponent and the argument that driving is hell in San Francisco resonated with a portion of our membership that drives and for whom public transportation is not an option either because of service cuts and route changes, because their job requires car use, or because they work shifts that don’t work for public transportation or biking. Because of rising housing prices many working people have been pushed out of SF over the years, and many of our workers shifts end or start when BART or Muni isn’t working or isn’t practical. Our union is 100 percent supportive of public transportation and addressing the climate crisis head-on.  We are fighting for the expansion of public transportation and for adequate funding, and sufficient staffing so that it can be maintained.”

The “member leader” she referred to was apparently Claire Zvanski, a longtime past president of the District 11 Democratic Club. But even that club couldn’t bring itself to endorse this myopic primal scream of a ballot measure, taking no position and writing, “This is a policy statement to inform the MTA that cars and those who love them are not getting enough attention in the transit planning process. This measure received a No Recommendation as an alternative to an Oppose from the eboard, mostly out of respect for our venerable past-president Claire Zvanski. The members also voted No Recommendation.”

Most progressive and transportation-related groups are opposing Prop. L, which its opponents say will actually make things worse for motorists in the city by undermining current efforts to make Muni more attractive and encourage people to use alternatives to the automobile.

“If we don’t reduce the congestion on the streets, that makes it harder for the people who really do have to drive,” No on L campaign manager Peter Lauterborn told us, responding to Alexander’s argument that the measure somehow helps working people and noting that Local 1021 never allowed the No on L campaign to make its case before endorsing the measure [UPDATE/CLARIFICATION: Alexander said the San Francisco Bicycle Coalition “did present a No on L position]. He also said the measure may have visceral appeal to frustrated drivers, but it doesn’t really make sense.

“Taking away money from the transportation system to build parking garages doesn’t help anyone,” Lauterborn said. “The Labor Council endorsed No on L and the reality is working class people use Muni at a far higher percentage than those citywide….Being pro-transit is inconsistent with supporting a ballot measure that would defund Muni.”

Meanwhile, in an allegedly unrelated matter, Local 1021 Political Director Chris Daly — who was a local leader of the progressive movement while serving the Board of Supervisors 2000-2010 — on Friday resigned from the union, where the Guardian has long been aware that he was having internal power struggles over the last year.

Daly tells us that his departure wasn’t based on political or philosophical differences with SEIU, that he’s proud of the work that he and his colleagues have done on wage equity and beating back anti-worker threats, and that it just seemed like the right time to leave, although he’s not sure what he’ll do next.

“I’m sorry to go,” he told us, “but it was time to go.”

Changing the climate in SF

0

EDITORIAL As hundreds of thousands of people filled the streets of New York City and other cities around the world for a Global Climate Convergence on Sept. 21, demanding that our political and business leaders finally get serious about global warming (see “Flooding the streets“), there was no such gathering in San Francisco.

Sure, there were a few thousand Bay Area activists who gathered for the climate change event along Lake Merritt in Oakland, which included many groups and individuals from San Francisco. But we found it telling symbolism that San Francisco, as a city, was absent from this important political moment.

A city that was once a trailblazing leader on environmental issues such as solid waste reduction, transit-first policies, and adopting the precautionary principle — which calls on city officials to avoid policies and purchases that have the potential to cause environmental harm — has instead become a city guided by the logic and imperatives of capitalism, eager to grow and consume at any cost.

Speaker after speaker in New York City, Oakland, and other cities called for humanity to wake up to the realities of global climate change, slow down the wasteful economic churn and rapid depletion of important natural resources, and pursue fundamental changes to the system.

But in San Francisco, we appear to be headed in the opposite direction. The Mayor’s Office unceremoniously killed CleanPowerSF, the city’s only plan for offering more renewable energy to city residents. And it has pandered to motorists in ways that have taken millions of dollars away from public transit (see “Money for Muni“), encouraging more driving in the process even though we know that adds to global warming.

It isn’t just the neoliberals in City Hall, but the entire institutional structure of the city. Even SEIU Local 1021, long a stalwart supporter of progressive causes, has strangely endorsed the pro-automobile Prop. L and is aggressively supporting BART Board member James Fang, a Republican who supports costly extensions of the system rather than projects that promote more intensive transit uses in the urban core.

Finally, there’s this city’s monomaniacal promotion of the energy-intensive technology industry. Americans emit more greenhouse gases per capita than anyone, and recent reports show that reality is compounded by massive increases in China’s greenhouse gas emissions — which is partly because Bay Area companies produce their tech gadgets and other toys in China, which we then consume here.

San Franciscans need to stop being such voracious consumers and strive to be true innovators who accept our responsibilities and work to disrupt the rapid descent into a dangerously warming world.

 

Did Big Soda swing a key endorsement by a progressive democratic club?

0

Did the soda industry buy a prominent progressive political endorsement? Sunday’s San Francisco Chronicle raised the question in a story by Heather Knight, who goes on to air a number of rumors propagated by the soda tax supporters against the Harvey Milk LGBT Democratic Club.

First things first: the sugary beverage tax already has a lot of progressive support. Unions, health groups, and loads of other San Franciscans have backed the two cents per ounce tax on sugary beverages, Proposition E, which is slated to appear on this November’s ballot. The endorsement of “No on E” by the Milk Club is certainly a bit out of left field, and rightfully raised eyebrows in political circles.

That’s the argument Knight uses in her Sunday article, using a few quotes from the soda tax’s paid public relations’ people to take a big swing at Sup. David Campos, alleging this is a big ole scheme he’s orchestrated in order to get Coca Cola’s money to fund the Milk Club’s slate card, which would also feature Campos, giving him a boost in his Assembly race against Sup. David Chiu.

It’s a seemingly convincing scenario, and we’re not soothsayers. Maybe it’s true. But there are a number of reasons to not believe the hype.

First, we at the Guardian heard those same rumors and whispers too, but that wasn’t all we heard. One politico told us the beverage industry might be funding the Milk Club with $300,000 in campaign funds for their November ballot fliers. Our reaction was “um, what?!”

That’s more money than techie-billionaire Ron Conway spent backing Mayor Ed Lee’s major pet projects on the June ballot. Hell, it’s more money than some candidates raise in their entire races. That should’ve been the first red flag for the “soda milking the Milk Club” theory, but it wasn’t the last.

Second, though the club did accept money from the American Beverage Association, it wasn’t anywhere within spitting distance of $300,000. Tom Temprano, co-president of the Milk Club, told us they accepted $5,000 from the beverage industry to put on their annual gala. For context, SEIU Local 1021 donated $4,000 to the dinner. This is all data that would come out publicly in a few months through ethics filings anyhow, but long after the rumor of big beverage industry money would’ve caused its damage.

“All you get for sponsoring our dinner is a mention in the program and a plug on the stage,” Temprano told us. “If the [beverage industry] paid us anywhere near what the rumors are, I would’ve flown out Elton John to serenade [Assemblymember] Tom Ammiano in person.”

Though the $5,000 is not chump change to the Milk Club, its leadership doesn’t make endorsement decisions, which are enacted by a vote of the club’s members. In a heated exchange last week, Milk Club political wonks batted soda tax points back and forth like a beach ball. There was hardly a consensus on the matter.

“They didn’t vote the way I wanted but the process was very democratic,” Sup. Eric Mar told us. Mar was one of the authors of the soda tax, and even he doesn’t believe the Milk Club’s palms were greased by big soda’s big money.

“I feel that there are rumors being spread to undercut the integrity of the Harvey Milk Club, the strongest progressive voice and political leadership in the city right now,” he said. “I stand behind them even though they voted no on [the soda tax].”

Laura Thomas, co-president of the Milk Club, told us she is actually in favor of the soda tax. It’s easy to see why. As Deputy State Director of the Drug Policy Alliance, she has day-to-day experience with public health, and she sees the far reaching affect of soda’s loads of sugar on San Francisco’s kids.

“I do support [the tax], and I’ve spoken passionately for it in our meetings,” Thomas told the Guardian. “I’d say it’s something we’re passionate on all sides about.”

The last stickler in the money-influence theory is a bit trickier. Many we talked to traced some of these rumors back to Chiu’s campaign spokesperson, Nicole Derse. When we spoke to her, she pounced on the subject like a hyena on carrion.

“The Harvey Milk Club has sold out to the soda industry,” she told us. “What would Harvey Milk think of this gross display of hypocrisy? David Campos needs to answer some serious questions on his position on the soda tax and his campaign.”

Notice how she shifted the Milk Club assertion, which we asked her about, straight into a Campos critique. She’s affable, she’s smart, but in that moment, Derse also sounded gleeful.

We then asked Derse if the rumor about the Milk Club and Campos came from her.

“I am not the person that started this rumor. But do you really think it’s a coincidence David Campos is broke and needs a vehicle to fund his campaign? I think it speaks for itself, if it happens,” she said. “If the Milk Club does not take hundreds of thousands of dollars from the American Beverage Association, I will happily be wrong.”

Actually, when it comes to spreading rumors through news outlets, being right or wrong doesn’t really matter. All you need to do is raise the question of impropriety, proof or no. It’s grandma’s classic recipe for a good political smear, as old as the hills, and very, very easy to do.

Update [8/26]: This story stirred up quite a bit of controversy, and folks called, emailed, Facebooked and Tweeted at us with one point: sure the Milk Club didn’t take all that much money from the American Beverage Association for the gala, but what about the future? Would they take a large sum from the ABA? Tom Temprano answered: “I find that completely unlikely. I’m going to say that’s not a situation we’re going to be in. But I haven’t had a conversation with anyone with anybody about money yet. Our entire board and PAC chair make decisions on fundraising.”

So there you are. If a donation in the tens of thousands of dollars should land on the Milk Club’s doorstep, Temprano is now on the record.

Koch brothers and other right-wing outsiders challenge Bay Area minimum wage measures

0

In recent months, San Francisco and Oakland have unveiled ballot measures that would raise minimum wage for workers currently struggling with the Bay Area’s rising cost of living. But as November draws closer, a network of right-wing organizations — with ties to the infamous Koch brothers — have been funding campaigns aimed at convincing workers that low wages are actually better for their livelihoods.

“Two of the richest men in the world are spending millions to hold down low-wage workers and that is just immoral,” said Roxanne Sanchez, President of Service Employee International Union Local 1021, who organized Raise the Bay, a series of efforts to raise minimum wage in cities around the Bay Area. 

SEIU leaders and local journalists have chided the Koch brothers and their right-wing ilk for funding campaigns aimed at dissuading the public from voting on higher minimum wages in the area. The Koch brothers are heirs to an oil fortune and are notorious for influencing national and state politics through so called “dark money” groups, which are not obligated to disclose financial information, including their donors.

An initial $200,000 campaign was launched by the Charles Koch Foundation in July. A well-produced advertisement, which ran in Wichita, Kansas, asserts that people earning $34,000 are already on the “road to economic freedom.” Charles Koch later told the Wichita Eagle newspaper that minimum wage is an obstacle preventing workers on limited income from “rising up.”

In the Bay Area, conservative media outlet CalWatchDog — which is funded by a group of right-wing investors, including the Koch Brothers — criticized Oakland politicians for voting down a diluted alternative to Oakland’s primary minimum wage initiative, Raise Up Oakland. CalWatchDog claimed the local leaders’ decisions were largely influenced by labor union contributions, which was later proven to be a case of political chicanery.

Similarly, in San Francisco, conservative lobby group Employment Policies Institute funded a billboard that reads: “With a new $15 minimum wage, employees will replaced by less costly, automated alternatives.” It also advertises a website called BadIdeaCA.com, which shares similar predictions.

Employment Policies Institute receives donations from Lynne & Harry Bradley Foundation, a Wisconsin nonprofit that also contributes to anti-abortion, anti-environment, and anti-LGBTQ campaigns. The Lynne & Harry Bradley Foundation also donates to CalWatchDog.

In San Francisco, income inequality is growing at an alarming rate, and San Francisco’s ballot initiative hopes to help workers survive in the changing economic landscape.

And leaders of SEIU Local 1021 say they will continue to challenge the Koch brothers and their campaigns to thwart Bay Area wage increases. “The Koch Brothers might be billionaires, but they don’t have enough money to hold us back,” said Pete Castelli, executive director of Local 1021. “We challenge them to crawl out from under their rock, shine a light on their plans, and publicly debate workers about raising the minimum wage.”

San Francisco Democratic Party decides on endorsements for November election

At a meeting lasting about four hours last night [Wed/13], the San Francisco Democratic County Central Committee, the steering committee of the city’s Democratic Party, decided on its endorsements for the Nov. 4 election.

A lengthy round of voting followed nearly two hours of public comment, in which San Franciscans chimed in on everything from school board nominations to Proposition L, a motorist-friendly proposal that amounts to a step backward for the city’s transit-first policy. (The formal oppositional campaign slogan is “No on Gridlock, No on L,” but opponents who spoke at the meeting shortened it to the edgier “’L No.”).

Prop. L went down handily. Prop. E, the sugary-beverage tax, easily won the DCCC’s endorsement, as did Prop. J, the proposal to increase the city’s minimum wage.

But Prop. G – a measure crafted to stem the tide of Ellis Act evictions, known as the anti-speculation tax – was a close contest.

Before the DCCC members got down to the business of voting, many local advocates voiced support for Prop. G.

Housing activists lined up across the room while Dean Preston, executive director of Tenants Together, called for meaningful action on the city’s housing affordability crisis.

But the proponents’ show of support was followed by the opposite plea from a second group, which included a contingent of Asian property owners, who crowded into the front of the room to tell DCCC members that they felt the proposed increase was unfair. “We don’t deserve this!” A speaker said, conveying anger and frustration. “Look at our faces, we work hard for our properties.”

In the end, the vote came down to four abstentions, 13 votes for “no endorsement,” and 15 votes in support, tipping the scales in favor of Prop. G by a tiny margin.

Among those who abstained on that vote were Rep. Nancy Pelosi, Rep. Jackie Speier, and Assemblymember Phil Ting, all of whom voted by proxies. Sup. Scott Wiener voted “no endorsement,” while Sup. Malia Cohen abstained.

Decisions in the races for Board of Education and the city’s Community College Board were time-consuming, since it took several elimination rounds before the final candidate lists were settled.

The school board candidates to emerge with DCCC endorsements were Shamann Walton, Emily Murase, and Trevor McNeil. Notably, that list didn’t include Hydra Mendoza, an incumbent who also serves as education advisor to Mayor Ed Lee.

Endorsements for Community College Board, meanwhile, went to Amy Bacharach for a two-year term, and Thea Selby, Anita Grier, and Rodrigo Santos for four-year terms.

Things got interesting in the contest for BART board of directors, between longtime Republican director James Fang and a well-funded Democrat, Nick Josefowitz, who is in his early 30s.

The vote was complicated since SEIU Local 1021, a labor union with a long history of backing progressive causes in San Francisco, is pulling for Fang, who supported workers during last year’s BART strike. Yet Josefowitz has the backing of other progressive organizations, including the Sierra Club. “I think that BART needs new blood,” Sierra Club representative Rebecca Evans said during public comment.

In the end, the DCCC voted “no endorsement,” with that selection getting 17 votes, five abstaining, and 10 voting in favor of Josefowitz. The votes followed a round of comments.

“The Democratic Party is a means to an end,” DCCC member Rafael Mandelman said. “And the end that we are using the Democratic Party to achieve is a more socially just and better world… There are few local entities [to advance that] than SEIU Local 1021. I think it is acceptable for us to take ‘no’ position in this race.”

Several piped up to say they thought Josefowitz deserved the endorsement of the Democratic Party simply because he’s a viable candidate and registered Democrat in a race against a Republican.

But DCCC member Arlo Hale Smith weighed in to critique of Fang’s performance as a director. “I used to hold this BART Board seat 24 years ago,” Smith said. “He’s missed a third of the meetings and he doesn’t return phone calls. He hasn’t returned my calls in a year. This is not the kind of person who should be reelected. Period.”

In races for the San Francisco Board of Supervisors and citywide offices, endorsements went to incumbents Carmen Chu for assessor-recorder, Jeff Adachi for public defender, Sups. Mark Farrell for District 2, Katy Tang for District 4, Jane Kim for District 6, Wiener for District 8, and Malia Cohen for District 10. No second- or third-place endorsements were made in the Board of Supervisors races despite multiple challengers.

Just before voting for endorsements began, DCCC member Alix Rosenthal admonished her colleagues for scant attendance during the candidate endorsement interviews, which were held the previous Saturday. “Only 12 out of 32 people showed up for interviews,” she noted. Half-jokingly, she added, “I know Outside Lands was happening.”

Everyone’s hospital

15

rebecca@sfbg.com

“I am a survivor of the AIDS epidemic,” Daniel volunteered, beginning to tell us his very San Francisco story.

He was diagnosed with HIV in the 1980s. Working in fine dining rooms of San Francisco hotels at the time, he had health insurance, and had gone to Kaiser for an unrelated procedure. That led to a blood test — and then wham.

“They just bluntly, without any compassion, just told me: You have it,” Daniel said. “Like telling you that you have a pimple on your nose or something.”

All around him, friends were dying from the disease. “I didn’t freak out, because that’s just my personality,” he recalled. “I know a lot of people who have been diagnosed, and they want to take their lives or whatever.”

Today, he’s unemployed and living on a fixed income. He lost his left eye years ago to an infection linked to HIV; he now has a prosthetic eye.

“I’m single, disabled, and low-income,” reflected Daniel, who didn’t want his last name printed due to privacy concerns. Originally from El Salvador, his family came to the U.S. when he was 10 and Daniel has permanent resident status. But despite the disadvantages he faces, Daniel still isn’t freaking out. His medical needs are met.

He got on MediCal after having to drop Kaiser. “And then I ended up at SF General,” he said, “with some of the most professional staff, doctors rated worldwide. It has some of the most professional health care providers for HIV, all in one place.”

Daniel is one satisfied San Francisco General Hospital patient, and he might as well be a poster child for how public health is supposed to work in big cities. Rather than being deprived of primary care and then showing up at the emergency room with preventable complications stemming from his disease, he’s keeping everything in check with regular doctor’s visits — and he can access this high level of care even though he’s on a very tight budget.

There’s a concerted effort underway in the San Francisco Department of Public Health to give more patients precisely the kind of experience Daniel has had, while also expanding its role as the region’s go-to trauma center.

But a difficult and uncertain road lies ahead of that destination, shaped in part by federal health care reform. The new course is being charted amid looming financial uncertainty and with more patients expected to enter the system and the doors of SF General.

Not every General Hospital patient is as lucky as Daniel. For scores of others, SF General is the last stop after a long, rough ride.

 

EMERGENCY CARE

Craig Gordon and Dan Goepel drive an ambulance for the San Francisco Fire Department, regularly charging through congested city streets with sirens blaring as they rush patients to SF General and other care facilities. They see it all: Patients who are violent and psychotic and need to be restrained in the back of the ambulance, folks who’ve just suffered burns or gunshot wounds.

Sometimes, in the thick of all of this, SF General’s Emergency Department is closed to ambulances — in public safety lingo, it’s called being “on diversion” — so the medics will have to reroute to different hospitals.

SF General might go on diversion because the Emergency Department is too slammed to take on anyone new, or because it’s too short-staffed to take on new patients without pushing nurse-to-patient ratios to unsafe levels.

For serious trauma cases, strokes, heart attacks, or traumatic brain injuries, however, the doors are always open. Patients with less-serious cases are the ones to be turned away when the hospital is on diversion.

Patients who wind up en route to SF General in Gordon and Goepel’s ambulance might be living on the margins. “If you’re kind of living on the cusp … you’re not likely going to pursue getting a primary care physician,” Goepel pointed out. “When something comes up, then you find yourself in the emergency room.”

Or their patients might be getting rescued from a spectacularly awful situation, like a plane crash. In this densely populated, earthquake-prone region, there is only one top-level trauma center between Highway 92 and the Golden Gate Bridge: SF General. Anyone in the city or northern San Mateo County unfortunate enough to experience a life-threatening incident — a car wreck, shooting, nasty fall, boating accident — winds up there, regardless of whether they’re rich or poor, indigent or insured. Ranked as a Level 1 trauma center, SF General is equipped to provide the highest level of care.

“In the summer, when school is out, we have a high season of gunshot wounds and stab wounds,” explained Chief Nursing Officer Terri Dentoni, who recently led the Guardian on a tour of the Emergency Department. “When it’s really nice outside, you have a lot of people who get into bike accidents, car accidents. … Last week, we were just inundated with critical care patients.”

Around 100,000 patients flow through SF General’s doors each year, and more than 3,900 need trauma care. On July 6, 2013, when Asiana Airlines’ Flight 214 crash-landed at San Francisco International Airport, more than 60 crash victims were rushed to SF General with critical issues ranging from organ damage to spinal injuries.

“It was a very big tragedy,” Dentoni said. “But it was amazing how many people we took care of, and how well we took care of them.”

Aside from being the sole trauma center, SF General is also designated as the county’s safety-net hospital, making it the only healthcare option for thousands who are uninsured, poor, undocumented, homeless, or some combination thereof. This makes for complex cases. Patients might require translators, be locked in psychiatric episodes, or need a social worker to help them get to a medical respite facility after being discharged if they’re too weak to fend for themselves and don’t have anyplace to go. There isn’t always a place to send them off to.

“We’re seeing people who are dealing with poverty, and often homelessness, in addition to mental health issues,” explained Jason Negron, a registered nurse in the Emergency Department. “You’re seeing patients who often have a number of things going on. Someone who has multiple illnesses — HIV, heart failure, Hepatitis C — even under the best of circumstances, they would be juggling medications. So what happens when they’re out on the streets?”

San Francisco ranks high on the list of health-conscious cities, a haven for organic food aficionados, yoga addicts, and marathon runners. It’s also a world of high stakes struggles and mounting economic pressures. With the city’s skyrocketing cost of living, sudden job loss can spell disaster for someone without a financial cushion. SF General is the catchall medical care facility for anyone who’s slipped through the cracks.

But while rank-and-file hospital staff must tackle grueling day-to-day problems, like how to juggle multiple patients with complex health issues when all the beds are full and the hospital is understaffed, hospital administrators face an altogether different challenge.

For the past several years, the city’s Department of Public Health has been preparing for the implementation of the Affordable Care Act, aka Obamacare, the federal policy that is reshaping the health care landscape. Since public hospitals are mandated to provide safety-net care, they are uniquely impacted by the ACA.

Even with a sweeping new rule mandating health insurance for all, some segment of the population will nevertheless remain uninsured. But they’ll still need medical care — and when health crises come up, they’ll turn to SF General. Trouble is, no one knows exactly how much funding will be available to meet that need as the financial picture shifts.

 

FUNDING CUTS LOOM

Even as ACA aims to increase access to medical care, it’s also going to trigger major funding cuts at the local level. With both state and federal funding being slashed, San Francisco’s county health system stands to lose $131 million in financial support over the next five years, a budgetary hit totaling around 16 percent.

That’s a significant shortfall that will directly impact SF General — but the cuts are being made with the expectation that these gaps will be filled by reimbursements riding in on the waves of newly insured patients enrolled in ACA. Before federal health care reform took effect, around 84,000 San Franciscans lacked health insurance. At the start of this year, 56,000 became eligible to enroll in a health insurance plan.

SF General serves most of the area’s MediCal patients, the subsidized plan for people living on less than $16,000 a year. And since the county gets reimbursed a flat rate for each patient, the expansion of MediCal under federal health care reform will presumably help San Francisco absorb the state and federal funding losses.

“There’s a certain set of patients who previously were not paid for, who now will have MediCal,” explained Ken Jacobs, an expert in health care policy and professor at the UC Berkeley Labor Center.

But there’s a catch. Since MediCal and insured patients will be able to choose between San Francisco’s public system (called the San Francisco Health Plan) and a private medical provider, SF General also runs the risk of losing patients. If too many decide to go with Anthem Blue Cross instead, the system could veer into the red.

“There’s some question of what share of those we’ll keep,” Jacobs noted.

Asked about this, hospital CEO Sue Currin sounded a note of confidence. “Because our outcomes and our quality of care has been so high…75 percent of everyone who’s enrolled in MediCal managed care default to the Department of Public Health,” she told us.

But the journey toward ACA has only just begun, and things are still falling into place. Costs are projected to rise if nothing is done to improve efficiency, while at the same time, the pending state and federal funding shortfalls could take a toll.

Retaining and attracting insured patients is the only way to avoid a resource crunch — but patients could always walk away if they’re dissatisfied. This uncertainty “makes financial planning and management of risk even more challenging,” according to a report issued by the City Controller.

“We don’t know yet today how the Affordable Care Act will impact the safety net,” acknowledged Erica Murray, CEO of the California Association of Public Hospitals, which represents 21 public safety-net institutions throughout the state. “How are these health care systems evolving to be competitive? How do we continue to fulfill our core mission of being the safety net? That is the fundamental challenge. And we don’t know today, and we can’t be certain, that these public health systems will have sufficient funding.”

It’s all “very dynamic,” Murray said. “We don’t have sufficient data to be able to draw any definitive conclusions. It’s just too short of a time to be able to make any predictions. It will take several years.”

For all the newly insured patients under ACA, a certain segment will continue to rely on the safety net. Undocumented immigrants who don’t qualify will be left outside the system. Some individuals can be expected to outright refuse ACA enrollment, or be too incapacitated to do so. Others will opt out of Covered California, the ACA plan for people who make more than about $29,000 a year, because their budgets won’t stretch far enough to afford monthly payments even though they technically qualify. They’ll need safety-net care, too.

Yet under the new regime, “We can’t, as a safety net, go forward only with uninsured patients — because there won’t be funding to sustain the whole organization,” explained hospital spokesperson Rachael Kagan. “We will still have uninsured patients, always. But it won’t be sufficient to serve only them.”

Mike Wylie, a project manager in the Controller’s Office, worked on the city’s Health Reform Readiness project, an in-depth assessment performed in tandem with DPH and consultants. “The million dollar question is: Are we going to be on target with the projections?” Wylie asked.

Instead of standing still, San Francisco’s health system must transform itself, the Health Reform Readiness study determined. Ask anyone who works in health care management in the city, and they’ll tell you that DPH has been working on just that. The idea is to focus on network-wide, integrated care that runs more efficiently.

“We need to switch from being the provider of last resort, to the provider of choice,” Wylie noted, voicing an oft-repeated mantra.

This could mean fielding more patient calls with nursing hotlines, or using integrated databases to improve communication. There’s also emphasis on increasing the number of patients seen by a care provider in a given day. The report urged the department to ramp up its productivity level from 1.5 patient visits per hour, where it currently stands, to 2.25 patient visits per hour. Currin noted that the hospital has also been looking into group patient visits.

“Part of getting ready for health care reform was creating more medical home capacity,” Currin said, referring to a system where multiple forms of care are integrated into a single visit, “so we knew we needed to have better access to primary care.”

If no changes are made, the Health Reform Readiness study found, the city’s General Fund contribution to DPH is projected to rise substantially — to $831 million by 2019, up from $554 million in 2014-15.

“We’re a little concerned about this rising General Fund support,” Wylie noted. And even though staffing represents a major expenditure, “They didn’t assume cuts in staff,” while performing the assessment, he said. “What they’re trying to get is more outputs, more efficiency. The managers went over this and said: in order for us to survive, we’ve got to get more out of our system. We may have to cut money — we may have to cut later, if city leaders don’t commit to this rising General Fund. We’ve got to do all these best practices.”

Throughout crafting this road map, he added, “There were some uncomfortable meetings and uncomfortable moments. But I think [DPH Director] Barbara Garcia got everyone to agree to these strategies.”

Talk to rank-and-file hospital staff, however, and some will tell you that getting more out of the system is a tall order — especially when the system already feels like it’s busting at the seams.

 

SPACE CRUNCH, STRESSED STAFF

“We hit capacity every single day,” said Negron, the RN in the Emergency Department. Patients are regularly placed on beds in the hallways, he said. Wait times for the Emergency Department can last four to six hours, or even longer. The hospital is working on limiting those waits, not just because it’s better in practice, but because timely patient care is mandated under ACA.

“Now, we have 26 or 27 licensed beds in our Emergency Department,” Negron said. But in reality, on a regular basis, “We function with 45 to 50 patients.”

A nurse who works in the Psychiatric Emergency Services unit described her work environment as “a traffic jam with all lanes blocked. This is totally business as usual.”

The workload is on the rise, she added. “The psych emergency room used to see 500 patients a month,” she said. “Now we see 600 patients a month, sometimes more. People are moving faster and faster through the system.”

Her unit is the receiving facility for anyone who is placed on an involuntary psychiatric hold, known as a 5150, for individuals who are a danger to themselves or others or gravely disabled.

“It doesn’t matter who they are,” she said. “We get homeless and destitute. We get CEOs. And we have had CEOs — it’s an experience for everyone involved.” Some patients have been involved in criminal activity. “I’ve had high profile people in my unit; people who have done things that, if I tell you what they did, you would easily be able to Google them.”

Patients who come to her wing need to be evaluated, because someone has determined that they are dangerous. It could be that they are “eating rotten food, or running naked in the street, or suicidal, or want to jump off Golden Gate Bridge, or their family thinks they’re out of control.” Sometimes, patients have to be let go once they’re no longer deemed to be a threat, but they still aren’t altogether recovered, she said.

In the psychiatric inpatient unit, meanwhile, the total number of beds has declined from 87 to 44 in the past five years — leading some staff members to voice concerns.

“There is more to do, and there’s less time to do it,” said another staff member who did not want to be named. This person said one psych unit was essentially shut down and another left open — “but then … a patient climbed up into the ceiling, broke some pipes, and flooded the room” in the open unit, so everything was shifted back to the closed unit.

In part, the daily patient crunch is due to a vacancy rate in the hospital nursing staff that hovers around 18 percent — but steps are being taken to address this problem, caused in part by the city’s Byzantine hiring process.

“The nurses are concerned about how, on a day-to-day basis, they don’t feel they have the support and resources they need,” said Nato Green, who represented the nurses’ union, SEIU Local 1021, in recent contract negotiations. “Staff was expected to do more with less. SF General chronically operates at a higher capacity than what it is budgeted for.”

Currin, the hospital CEO — who started out as a nurse herself — rejected this assertion, saying it is not the norm for the hospital to operate over budget. She added that she would like to reduce the nursing staff vacancy rate down to just 5 percent.

“We have had a fairly significant vacancy rate,” she acknowledged. “But just like any other hospital in the city and the country, you have countermeasures that you put in place to address staffing shortages. And so we use nurse travelers. We use as-needed staff, who work here part-time. We’ve been able to fill those gaps with these other staffing measures. We do want to have a more permanent workforce. We’re working with the city and [DPH] to bring in new hires.”

Roland Pickens, director of the San Francisco Health Network (the patient-care division of the Department of Public Health), said he was working with the city’s Human Resources Department to further streamline operations and get a jump on filling vacancies.

“[Chief Financial Officer] Greg Wagner is working with City Controller’s office and the Mayor’s Office, so everyone is addressing the issue of having a more expedited hiring process,” he said.

Negron, the RN, seemed to think it couldn’t happen soon enough. “For us, at the end of the day, who do we actually have that’s on the schedule, that’s on the floor?” he said. Being fully staffed is important, he added, “so we don’t have any more shortages. So we don’t close beds, or go on divert unnecessarily.”

Staff members, who deal hands-on with a vulnerable patient population, lament that there doesn’t seem to be enough resources flowing into the system to care for people who are at the mercy of the public safety net. After all, San Francisco is a city of incredible wealth — shouldn’t there be adequate funding to care for the people who are the most in need?

“Poor people are not profitable,” Green said. “Without regulatory intervention, poor people would not have adequate health care.”

 

EVOLVING INTO THE FUTURE

For all the concerns about staffing and the financial uncertainty caused by ACA, SF General still has plenty to brag about. For one, it’s moving into a brand new, nine-story facility in December 2015, which will be equipped with a seventh-floor disaster preparedness center and nearly twice as much space in the Emergency Department.

It will have 283 acute care beds, 31 more than there are now. Most of the patient rooms will be private, and the new hospital will be seismically sound — a critical upgrade in a city prone to earthquakes. The hospital construction was funded with an $887.4 million bond approved by voters in 2008.

“In a new care environment, it will be more comfortable for the patients and the staff,” Currin said. “It’s just a much better environment. We’re hoping with the expansion … the wait times [in the Emergency Department], instead of taking four to six hours, we’re hoping to decrease that by 50 percent,” she said. “There will be more nurses, physicians, housekeepers.”

Pickens, the Health Network director, said he felt that “the stars had aligned” to have the hospital rebuild nearing completion just as ACA gets into full swing, since the new facility can help attract the patients needed to make sure the health system is fully funded.

The hospital has also launched an initiative to reduce patient mortality linked to a deadly infection. “Sepsis is a reaction the body has to a severe infection,” explained Joe Clement, a medical surgical unit clinical nurse specialist. “It causes organ dysfunction, and in some cases death. It’s very common, it’s growing, there’s more and more of it every year, and about a third of hospital deaths have been associated with sepsis in some way.”

In 2011, SF General began implementing new practices — and successfully reduced the hospital mortality rate from 20 percent in 2010 to 8.8 percent in 2014.

SF General was also recently lauded in The New York Times for being a top performer in quality and safety scores for childbirth. In San Francisco, low-income women who may be uninsured and dealing with harsh life circumstances can nevertheless get full access to multilingual doctors, midwives, lactation consultants, and doulas. The World Health Organization has even designated it as “Baby Friendly,” because of practices that support breastfeeding.

As things move ahead, management is projecting a sense of confidence that SF General’s high-quality care will allow the hospital to attract patients and maintain a healthy system that can continue to support the insured and uninsured alike.

“Value, we usually define as improving health outcomes, and optimizing the resources we have, for as many people as we can,” said William Huen, associate chief medical officer.

Speaking about the sepsis initiative, he said, “This is kind of our model program of, how do you focus on one area where you know you can improve health outcomes, with integration throughout the system, education at every level … and then having the data and perfecting the care. That can be applied to anything. So as a system, I think we’ve developed infrastructure to support that type of work.”

But for the staff members who are actively involved in the union, it continues to be a waiting game to see if the promises of new staffing levels are realized. Until then, many have said that the low staffing levels are a threat to patient safety. “They are waiting to see if DPH lives up to its commitment to hire the people they said they were going to hire, and staff it at the level they were going to staff at,” Green said.

It all comes down to providing care for people who really have nowhere else to turn, Negron told us in the Emergency Department. “I’m sure we see the highest portion of uninsured patients in the city,” he said. “We’re doing that in many different languages, with people from all over the world. I feel like it’s a real honor to be able to work there in that context. I feel honored to meet a need — that’s not always able to be met.”

New minimum wage proposal less ambitious, has broader support

San Francisco bears the unfortunate distinction of having the fastest-growing income inequality nationwide. At the same time, the city may retain its more progressive status as having the highest nationwide minimum wage — if voters approve a November ballot measure unveiled today by Mayor Ed Lee and 10 members of the Board of Supervisors.

The consensus measure would increase the minimum wage for all San Francisco employees to $15 an hour by 2018. Currently, the city’s lowest-paid workers earn $10.74 per hour under the existing minimum wage ordinance.

The proposed increase, announced at a June 10 press conference held in Mayor Lee’s office, calls for minimum wage workers to earn $12.25 per hour by May Day of next year, followed by paycheck increases amounting to $13 an hour in 2016, $14 an hour in 2017, and $15 an hour in 2018.

Crafted by representatives from labor, business, and the nonprofit sector in conjunction with Mayor Lee and Sup. Jane Kim, this November ballot measure proposal is less ambitious than an earlier minimum wage increase floated by the Campaign for a Fair Economy, although both guarantee workers an eventual $15 an hour.

The earlier proposal, backed by a coalition that included city employee union SEIU Local 1021, the Progressive Worker’s Alliance, San Francisco Rising, and other progressive organizations, sought to increase the minimum wage to $13 an hour by 2015, $14 by 2016, and $15 by 2017.

So at the end of the day, the newly unveiled consensus proposal would leave minimum wage earners with $0.75 less per hour in 2015 and $1 less in 2017 than what the Campaign for a Fair Economy originally called for, but the broader support for this measure might mean brighter prospects for lowest-paid workers in the long run. The consensus proposal also eliminates the idea of an enforcement committee tasked with holding employers to the mandatory wage increases, yet continues to allocate resources for this purpose.

Shaw San Liu of the Campaign for a Fair Economy, who was part of the negotiations for the consensus measure, noted that this piece was especially important: “It is meaningless to raise the minimum wage if they’re not going to enforce it,” she said. The Office of Labor Standards and Enforcement, tasked with upholding the minimum wage, is currently experiencing a backlog due to case volume.

Shaw San Liu speaks about the importance of the proposed wage increase.

Moderates’ strong opposition to the more ambitious wage increase posed the threat of having two competing measures going to voters in November. Now that a single unified measure is headed to the ballot, there may be less of a risk that workers will end up with an inadequate increase or none at all.

The across-the-board increase to $15 an hour makes this a stronger proposal than a similar wage increase moving forward in Seattle, although that city has a lower cost of living than San Francisco, so the wage will stretch a lot farther. San Francisco has a notoriously high cost of living; former Mayor Willie Brown once famously quipped that anyone earning less than $50,000 simply shouldn’t try to live in the city, and rents were much lower then. Under this proposal, minimum wage workers can hope to earn $31,200 before taxes by 2018, with wages continuing up from there in correlation with Consumer Price Index adjustments.

The San Francisco Chamber of Commerce was adamantly opposed to the earlier ballot measure proposal, but is now on board. “We think that with consensus built up around this measure, which residents will be voting on, we’ve reached that compromise,” Wade Rose, co-chair of the Public Policy Committee of the SFCOC, said at the press event.

However, the SFCOC played a minimum role in the negotiations, with the key players being labor leader Mike Casey, Liu of the Progressive Workers Alliance, Sup. Kim and her staff, and Mayor Lee and his staff, with input from a variety of minimum wage earners, employers, and other stakeholders.

Kim called the measure “the most progressive and strongest minimum wage proposal in the country,” and later clarified that unlike a similar proposal in Seattle, this measure guarantees a $15 wage across the board regardless of business size or additional benefits. “There will be no tip credit or health care credit – this will be pure wages that San Francisco workers will be bringing home to their families,” Kim said. “Despite setting a successful precedent in 2003, which set the highest minimum wage in the country then, in the last years in particular we’ve been seeing a widening income gap between our lowest paid workers and our highest paid workers. In times of economic prosperity, no one should be left behind.”

“We’ve heard input from all of the different affected sectors of our community – earners, and people who pay the minimum wage, we’ve heard from nonprofits as well as small businesses and large businesses,” Mayor Lee said at a June 10 press conference. “And today, with the current minimum wage at $10.74, there’s been an across the board agreement that that just doesn’t cut it; that’s not enough.”

Lee emphasized that with the unveiling of the consensus proposal, “there are no two measures. There is one measure,” destined for the November ballot. He added that in the course of negotiations between opposing sides, “there was reality that needed to be checked in on all sides.”

Covered San Francisco unveiled

2

At the tail end of a long Board of Supervisors meeting last week, Sup. David Campos introduced legislation to create Covered San Francisco, a city healthcare option designed to remedy a coverage gap that will be created under the Affordable Care Act.

Lately, we’ve gotten reports of San Franciscans hoping to enroll in Covered California — the state-run health insurance marketplace created under the ACA — leaving meetings with enrollment counselors in tears of frustration. Even though these would-be enrollees are technically eligible for Covered California — which makes them ineligible to stay in Healthy San Francisco — the insurance cost is nevertheless too high to be a realistic option.

“In high cost-of-living cities like San Francisco, many will simply not be able to afford it,” Campos said when he introduced the legislation. “The most authoritative study says 40 percent of San Franciscans who are eligible for Covered California still will not be able to afford it.”

Co-sponsored by Sups. John Avalos, Eric Mar, and Jane Kim, the legislation seeks to address the problem by creating a new option for employees to receive subsidies to purchase health insurance under Covered California through the Department of Public Health. The funding would be derived from an employer spending requirement already in place under the city’s Health Care Security Ordinance, the law that created Healthy San Francisco.

The proposal also seeks to close a loophole that Campos said incentivizes employers to set up health reimbursement accounts for employees that cannot be used to purchase Covered California insurance plans. To discourage the use of these accounts, the proposal would make spending irrevocable, meaning employers would be unable to claw back funding they’ve contributed. (Rebecca Bowe)

 

PG&E INDICTMENT DOESN’T GO FAR ENOUGH

A federal grand jury in San Francisco issued a criminal indictment against Pacific Gas & Electric for negligence in the 2010 gas pipeline explosion in San Bruno that killed eight people and destroyed an entire neighborhood. But that falls far short of what this rapacious company and its conniving executives — none of whom face personal criminal charges — should be facing.

The indictment omits key details of what happened leading up this tragic and entirely preventable explosion, buying into the fiction that there is a meaningful difference between PG&E Co., the regulated utility, and PG&E Corp., the wealthy and powerful Wall Street corporation. This is a stark example of how corporations are given all the rights of individuals, but accept few of the responsibilities, with the complicity of the political and economic systems.

The 12-count indictment focused on violation of the Pipeline Safety Act, which requires companies to maintain their potentially dangerous pipelines, including keeping detailed records and doing safety inspections that would detect flaws like the faulty weld that caused the San Bruno explosion on Sept. 9, 2010 — work the company negligently failed to perform.

But PG&E’s wanton disregard for public safety, combined with the greed and shameless self-interest of then-CEO Peter Darbee and other executives, goes far deeper than that. A report by the California Public Utilities Commission released in January 2012 found that $100 million in ratepayer funds that had been earmarked for pipeline maintenance and replacement, including this section in San Bruno, was instead diverted to executive bonuses and shareholder profits.

“PG&E chose to use the surplus revenues for general corporate purposes,” the audit said, noting that the company was flush with cash at the time and there was no good reason to neglect this required maintenance. (Steven T. Jones)

 

911 DISPATCHERS STRESSED

The controversial tax breaks given to tech companies in San Francisco in 2011 came under fire again last week, as emergency dispatchers protested crippling budget shortages on April 2 in front of the Department of Emergency Management.

“When you call 911, there should be enough people working to pick up the phone,” said Ron Davis, an emergency dispatcher in San Francisco for 13 years. “It’s upsetting when you or someone you love is in a life-threatening emergency and you’re put on hold for 30 seconds, 45 seconds, or even a minute and longer.”

The department receives, on average, nearly 3,000 phone calls per day, and the workers who spoke at the rally described long hours and inadequate coverage for the volume of calls that they receive. California law mandates that 90 percent of 911 calls be answered in 10 seconds or less, but in San Francisco that number often drops to 60 percent or lower. Davis said that on particularly busy nights, such as New Year’s Eve, there can be up to 20 calls in the queue waiting for an available dispatcher.

The rally was organized by SEIU Local 1021 and was part of the union’s contract negotiations with the city. Larry Bradshaw, vice president for the San Francisco region of the union, said workers were willing to make sacrifices during the recession but now, “we just want to recoup our losses and make up for lost ground.” (Brian McMahon)

 

WILL AIRBNB PAY UP?

Airbnb has agreed to start collecting and paying the transient occupancy tax in San Francisco sometime this summer — finally acknowledging that’s the only workable way to meet the tax obligation it shares with its hosts. But that leaves open the question of whether this $10 billion corporation intends to pay the tax debt it has accumulated for years while trying to duck its responsibility to the city.

That’s at least several million dollars that the city could really use right now. As we’ve previously reported, Airbnb commissioned and publicized a study in late 2012 claiming its San Francisco hosts collected $12.7 million from Airbnb guest in fiscal year 2011-12, meaning they should have collected and remitted to the city $1.9 million.

In early 2012, the San Francisco Tax Collector’s Office held public hearings to clarify whether the TOT applies to the short-term rentals facilitated by Airbnb and similar companies, ruling in April 2012 that the TOT does apply to those stays and that it is a “joint and several liability” shared by the hosts and Airbnb, which conducts the transaction and takes a cut.

As we also reported, despite heavily lobbying during the hearing and being acutely aware of the outcome and its resulting tax obligation, Airbnb simply refused to comply and tack the 15 percent surcharge onto its transactions, as similar companies such as Roomorama were doing.

So if Airbnb was really being the good corporate citizen that it’s now claiming to be, it would not only start charging the 15 percent fee and sharing that money with the city, it would also cut San Francisco a check for around $4 million, or whatever the tax would be on what this growing business has collected from its guests since April 2012. (Steven T. Jones)

 

BURSTING THE MONTEREY SHALE BUBBLE

“We’ve been told that there’s a great oil boom on the immediate horizon,” billionaire investor Tom Steyer noted at the start of a March 27 talk in Sacramento.

But Steyer (who has pledged to spend $100 million on ad campaigns for the 2014 election to promote action on climate change) wasn’t there to trumpet the oil industry’s high expectations. Instead, he introduced panelists who dismissed the buzz on drilling the 1,750-square-mile Monterey Shale as pie-in-the-sky hype.

Dr. David Hughes, a geoscientist with the Post Carbon Institute, and researcher Robert Collier had been invited to speak by Next Generation, a policy group focused on climate change that was co-founded by Steyer.

Both experts questioned the findings of a University of Southern California study that wound up being cited time and again as the basis for the oil industry’s arguments, in the context of a statewide debate on fracking.

Partially funded by the Western States Petroleum Association, the USC report outlined a rosy economic outlook stemming from oil extraction in the Monterey Shale, estimating that it would create 2.8 million jobs and $24 billion in tax revenues, findings that were “echoed by politicians of both parties,” Collier noted.

Yet prominent economists could find no basis for certain claims. “They said: ‘We cannot see any justification for these incredible numbers,” Collier reported. “They seem too big to be believable.” The Post Carbon Institute and Physicians, Scientists and Engineers for Healthy Energy published their own report challenging the findings, titled Drilling California: A Reality Check on the Monterey Shale. (Rebecca Bowe)

Privatization of public housing

14

news@sfbg.com

Like so many San Franciscans, Sabrina Carter is getting evicted.

The mother of three says that if she loses her home in the Western Addition, she’ll have nowhere to go. It’s been a tough, four-year battle against her landlord — a St. Louis-based development company called McCormack Baron — and its law firm, Bornstein & Bornstein. That’s the same law firm that gained notoriety for holding an “eviction boot camp” last November to teach landlords how to do Ellis Act evictions and sweep tenants out of rent-controlled housing.

But Carter’s story isn’t your typical Ellis eviction. Plaza East, where she lives, is a public housing project. Public housing residents throughout the country are subject to the “one-strike and you’re out” rule. If residents get one strike — any misdemeanor or felony arrest — they get an eviction notice. In Carter’s case, her 16-year-old was arrested. He was cleared of all charges — but Carter says McCormack Baron still wouldn’t accept her rent payment and wouldn’t respond to her questions.

“I was never informed of my status,” she said.

That is, until her son was arrested again, and Carter found herself going up against Bornstein & Bornstein. She agreed to sign a document stipulating that her eviction would be called off unless her son entered Plaza East property (he did). It was that or homelessness, said Carter, who also has two younger sons.

“They criminalized my son so they could evict my family,” Carter said.

McCormack Baron and Bornstein & Bornstein both declined to comment.

On March 12, Carter and a band of supporters were singing as they ascended City Hall’s grand staircase to Mayor Ed Lee’s office.

“We’re asking the mayor to call this eviction off. Another black family cannot be forced out of this city,” Lisa “Tiny” Gray-Garcia, co-founder of Poor Magazine, said at the protest.

Nearly half of San Francisco’s public housing residents are African American, according to a 2009 census from the city’s African American Out-Migration Task Force. These public housing residents represent a significant portion of San Francisco’s remaining African American population, roughly 65 percent.

Carter’s eviction was postponed, but it raises an important question: Why is a public housing resident facing off with private real estate developers and lawyers in the first place?

 

PUBLIC HOUSING, PRIVATE INTERESTS

Plaza East is one of five San Francisco public housing properties that was privatized under HOPE VI, a federal program that administers grants to demolish and rebuild physically distressed public housing.

The modernized buildings often have fewer public housing units than the ones they replaced, with private developers becoming their managers. San Francisco’s take on HOPE VI, called HOPE SF, is demolishing, rebuilding, and privatizing eight public housing sites with a similar process.

US Department Housing and Urban Development is rolling out a new program to privatize public housing. The San Francisco Housing Authority is one of 340 housing projects in the nation to be chosen for the competitive program. The city is now starting to implement the Rental Assistance Demonstration program. When it’s done, 75 percent of the city’s public housing properties will be privatized.

Under RAD, developers will team up with nonprofits and architectural firms to take over managing public housing from the Housing Authority. RAD is a federal program meant to address a nationwide crisis in public housing funding. Locally, the effort to implement the program has been spurred by the Mayor’s Office of Housing and Community Development.

MOHCD Director Olson Lee has described RAD in a report as “a game-changer for San Francisco’s public-housing residents and for [Mayor] Lee’s re-envisioning plan for public housing.” Later, Lee told us, “We have 10,000 residents in these buildings and they deserve better housing. It’s putting nearly $200 million in repairs into these buildings, which the housing authority doesn’t have. They have $5 million a year to make repairs.”

Funding is sorely needed, and this won’t be enough to address problems like the perpetually broken elevators at the 13-story Clementina Towers senior housing high-rises or SFHA’s $270 million backlog in deferred maintenance costs.

But RAD is more than a new source of cash. It will “transform public housing properties into financially sustainable real estate assets,” as SFHA literature puts it.

RAD changes the type of funding that supports public housing. Nationally, federal dollars for public housing have been drying up since the late ’70s. But a different federal subsidy, the housing choice voucher program that includes Section 8 rent subsidies, has been better funded by Congress.

Under RAD, the majority of the city’s public housing will be sustained through these voucher funds. In the process, the Housing Authority will also hand over responsibility for managing, maintaining, and effectively owning public housing to teams of developers and nonprofits. Technically, the Housing Authority will still own the public housing. But it will transfer the property through 99-year ground leases to limited partnerships established by the developers.

The RAD plan comes on the heels of an era marked by turmoil and mismanagement at the Housing Authority. The agency’s last director, Henry Alvarez, was at the center of a scandal involving alleged racial discrimination. He was fired in April 2013.

In December 2012, HUD declared SFHA “troubled,” the lowest possible classification before being placed under federal receivership. A performance audit of the agency, first submitted in April 2013 by the city’s Budget and Legislative Analyst, determined that “SFHA is expecting to have no remaining cash to pay its bills sometime between May and July of 2013.”

Six of the seven members of the Housing Authority Commission were asked to resign in February 2013, and were replaced with mayoral appointees.

Joyce Armstrong is not a member of this commission, but she sits on the dais with them at meetings, and gives official statements and comments alongside the commissioners. Armstrong is the president of the citywide Public Housing Tenants Association, and she talked about RAD at a March 27 meeting, conveying tenants’ apprehension toward the expansion of private managers in public housing.

“Staff in HOPE VI developments are very condescending,” Armstrong said. “We’re not pleased. We’re being demeaned, beat up on, and talked to in a way I don’t feel is appropriate.”

 

NONPROFITIZATION

When RAD is implemented, it won’t just be development companies interacting with public housing residents. San Francisco’s approach to RAD is unique in that it will rely heavily on nonprofit involvement. Each “development team” that is taking over at public housing projects includes a nonprofit organization. Contracts haven’t been signed yet, but the Housing Authority has announced the teams they’re negotiating with.

“We call it the nonprofitization of public housing,” said Sara Shortt, executive director of the Housing Rights Committee.

The developers are a list of the usual players in San Francisco’s affordable housing market, including the John Stewart Company, Bridge Housing Corporation, and Tenderloin Neighborhood Development Corporation.

Community-based organizations that are involved include the Mission Economic Development Agency, the Japanese American Religious Federation, Ridgepoint Nonprofit Corporation, Glide Community Housing, Bernal Heights Housing Corporation, and the Chinatown Community Development Center.

On March 13, when the Housing Authority Commission announced who would be on these teams, the meeting was packed with concerned members of the public. Two overflow rooms were set up. One group with a strong turnout was SEIU Local 1021, which represents public housing staff.

Alysabeth Alexander, vice president of politics for SEIU 1021, said that 120 workers represented by the union could be laid off as management transfers to development teams, and 80 other unionized jobs are also on the line.

“They’re talking about eliminating 200 middle-class jobs,” Alexander said.

She also noted that SEIU 1021 wasn’t made aware of the possible layoffs — it only found out because of public records requests. (Another downside of privatization is that certain information may no longer be publicly accessible.)

“We’re concerned about these jobs,” Alexander said. “But we’re also concerned about the residents.”

 

RESIDENTS’ RIGHTS

HUD protects some residents’ rights in its 200-page RAD notice. These include the right to return for residents displaced by renovations and other key protections, but rights not covered in the document — some of which were secured under the current system only after lengthy campaigns — are less clear. In particular, rights relating to house rules or screening criteria for new tenants aren’t included.

Negotiations with development teams are just beginning. Lee said tenants’ rights not included in the RAD language would be discussed as part of that process.

“It will be a function of what is best practice,” Lee said.

But developers have already expressed some ideas about public housing policies they want to tweak when they take over. At one point, the city was considering developers’ requests to divide the citywide public housing wait-list into a series of site-specific lists. Lee says that this option is no longer on the table.

But as developers’ interests interact with local, state, and federal tenant regulations, things could get messy. James Grow, deputy director of the National Housing Law Project, says that whatever standard is the most protective of residents’ rights should apply.

Still, Grow said, “There’s going to be inconsistencies and gray areas.”

Grow said that inevitably some residents’ rights will be decided “on a case-by-case basis, in litigations between the tenant and the landlord…They’ll be duking it out in court.”

This will be true nationwide, as each RAD rollout will be different. But at least in San Francisco, “Most of the tenant protections in public housing will remain,” said Shortt. “We are trying to tie up any holes locally to make sure that there is no weakening of rights.”

Grow’s and Shortt’s organizations are also involved in San Francisco’s RAD plan. The National Housing Law Project, along with the Housing Rights Committee and Enterprise Community Partners, have contracts to perform education and outreach to public housing residents and development teams.

 

UNCERTAIN FUTURE

Just how much money will go to RAD is still under negotiation. The RAD funding itself, derived from the voucher program, will surpass the $32 million the city collected last year in HUD operating subsidies. But its big bucks promise is the $180 million in tax credit equity that the privatization model is expected to bring in.

The city will also be contributing money to the program, but how much is unclear.

“The only budget I have right now is the $8 million,” Lee said, money that is going to the development teams for “pre-development.”

Lee added that funding requests would also be considered; those requests could total $30-50 million per year from the city’s housing trust fund, according to Shortt.

To access that $180 million in low-income housing tax credits, development teams will need to create limited partnerships and work with private investors. The city wants to set up an “investor pool,” a central source which would loan to every development team.

It’s a complicated patchwork of money involving many private interests, some of whom don’t have the best reputations.

Jackson Consultancy was named as a potential partner in the application for the development team that will take over management at Westbrook Apartments and Hunters Point East-West. That firm is headed by Keith Jackson, the consultant arrested in a FBI string in late March on charges of murder-for-hire in connection with the scandal that ensnared Sen. Leland Yee and Chinatown crime figure Raymond “Shrimp Boy” Chow.

Presumably, Jackson is no longer in the running, although the entire transformation is rife with uncertainties.

Residents often feel blindsided when management or rules change at public housing properties. And RAD will be one of the biggest changes in San Francisco’s public housing in at least a decade.

“People are concerned about their homes. When they take over the Housing Authority property, what’s going to happen? They keep telling us that it’s going to stay the same, nothing is going to change,” said Martha Hollins, president of the Plaza East Tenants Association.

Hollins has been part of Carter’s support network in her eviction case.

“They’re always talking about self-sufficient, be self-sufficient,” Hollins said. “How can we be self-sufficient when our children are growing up and being criminalized?”

Public housing has many complex problems that need radical solutions. But some say RAD isn’t the right one. After seeing developers gain from public housing while generational poverty persists within them, Gray-Garcia says that her organization is working with public housing residents to look into ways to give people power over their homes. They are considering suing for equity for public housing residents.

“‘These people can’t manage their own stuff and we need to do it for them.’ It’s that lie, that narrative, that is the excuse to eradicate communities of color,” Gray-Garcia said. “We want to change the conversation.”

Feel free to borrow these arguments in the Google Bus CEQA appeal

19

Speaking of gun-running, how about that Google Bus?*

The $1/stop SFMTA deal to allow Google Buses to use city bus stops is being appealed to the Board of Supervisors, to be heard on tomorrow [Tues/1]. The $1/stop deal replaced the “handshake agreement” where the tech buses could do whatever they wanted while the SFMTA gazed vacantly into space, which is its forte.

The appeal is a technical invocation of the California Environmental Quality Act, aka CEQA, aka Chief CEQA, aka CEQABACCA. (Full disclosure: I am a consultant for SEIU Local 1021, one of the appellants, on something unrelated to this.) The appeal argues that in Mayor Ed Lee’s heroic pre-emptive capitulation to the $1/stop deal (for the price of a third of a cup of single-origin estate-grown coffee on Valencia!), the Planning Department should have analyzed potential environmental impacts of the Google Buses, and considered alternatives and mitigations. The relevant authorities probably did not want to know the results of a review because data-driven analysis is not outside-the-box disruptive thinking that makes Frisco the World Capital of Innovation.**

Notably, nothing in the deliberations of the MTA or CEQA asked if there should be a bus program at all. Determining whether something is good or bad for the City is apparently beyond the scope of government. I don’t understand it, but I’m not a lawyer. The big criticism of the buses is less the environmental one than the displacement and gentrification they cause. Round peg, meet square hole.

Fortunately, there are legitimate CEQA questions. The full Board of Supervisors will hear the appeal, and for the duration of public comment will transmogrify from a legislative body into a quasi-judicial body to decide the environmental claims. And the supervisors are totally qualified to rule on particulate levels caused by idling buses. Expect them to seek a compromise with science about how many people will get cancer because of the buses.

Since the appeal legally has to link any objections to the buses to environmental impacts, I have some suggestions of new CEQA arguments. The Supervisors should consider significant cumulative unmitigated impacts such as:

  • Influx of toxic concentrations of assholes into affected neighborhoods.
  • Pollution from all the new tinted window factories required to supply the buses.
  • Soaring rates of testicular cancer related to all the Google Bus-related cases of the medical condition known as “Hot Laptop Nuts.”
  • Property destruction during riots in the streets after the last taqueria closes and is replaced by an adorable farm-to-table small plates restaurant.
  • Urban blight and decay in Sunnyvale as tech people abandon Silicon Valley entirely, causing Sunnyvale to lose its coveted title “All-America City.”

I also have two elegant project alternatives to $1/stop: The buses cause displacement on their routes because people riding them make a lot of money. Clearly, the solution is to cut their pay. We just need a maximum wage for tech people. Any income over the maximum would go directly to fund public goods like schools, transit, and healthcare. The program could be called “Wealthy San Francisco.”

Alternatively, the City could use the buses as a positive tool, and move bus routes to areas that need and could support more economic development, like the Outer Sunset, Visitacion Valley, and Stockton.

Finally, I have a pilot program of my own to propose, in which we “accidentally” swap a Google Bus with an Immigration & Customs Enforcement Deportation Bus, delivering undocumented migrants to take charge of Silicon Valley and programmers to Northern Mexico. They can hackathon some apps for the Zetas Cartel.

Gentrification solved. Consensus built. You’re welcome, San Francisco.

*“Google Bus” becoming the generic term for tech colonist commuter shuttles must be an epic migraine for the beleaguered lawyers in the Google Intellectual Property Legal Department. Talk about brand dilution.

**Admittedly, innovation involving a short list of things. Amazing innovation at inventing technology to enhance our capacity to spend money and/or waste time. Innovative ways to house the houseless or feed the hungry—not so much.

 

Nato Green is a San Francisco-based standup comedian. His podcast is called The Nato Sessions and he can be seen with The Business every Wednesday at the Dark Room Theatre.

Poll says SF loves tech buses, doesn’t ask Spanish speakers

163

San Franciscans love tech, they’re totally cool with the Google buses, and care more about job creation than the cost of living, according to a newly released poll of San Franciscans by the Bay Area Council.

But though the poll asked respondents these questions in English and Cantonese, the pollsters left out one pretty important group of people in this debate: Spanish speakers. Yes, a poll about tech buses and the tech industry, and tangentially gentrification — which is now hitting the Mission District hard — failed to ask Spanish speaking voters any questions in their native tongue.

“Considering the tech industry’s impact on the Mission district, that’s a little suspcious,” Cynthia Crews, of the League of Pissed Off Voters told us. That’s an understatement. The “Our Mission: No Eviction” protest last October turned out hundreds of Mission residents, many Latino, against the gentrification of the neighborhood (and the lax regulations of the Google buses). The first Google bus protest took place on 24th and Valencia, in the Mission district.

Assemblyman Tom Ammiano said it was especially important to include Spanish-speaking voters. “San Francisco is a very multicultural city,” he said. “Even if the [polling] results were the same,” by polling Spanish speakers, “it would be a truer picture.”

The San Francisco Municipal Transportation Agency announced a pilot program to study the use of commuter shuttles, including tech buses (known commonly as Google buses), but also shuttles from hospitals and universities. The pilot program came to a halt when a coalition of advocates filed an appeal of the pilot program under the California Environmental Quality Act, known as CEQA. Those concerns will be heard at City Hall next Tuesday. The shuttles impacted Latino populations in the Mission particularly hard, leading advocates to say question why their voices were not heard in the poll.

Rufus Jeffris, a spokesperson for the Bay Area Council, who commissioned the poll, told us they just wanted answers on how to move the conversation around tech forward. “Clearly we’re in a time of economic growth, but we want to make sure we’re focused ont he right solutions,” he said.

And the number of Spanish-speaking likely voters was not significant enough to warrant the expense of including them in that conversation, Jeffris told us.

The poll said San Francisco voters’ opinions differed from news coverage of the shuttles: “Despite what it may look like from recent media coverage, a majority of voters have a positive opinion of the shuttle buses and support allowing buses to use Muni stops.”

Of course you’ll find a lot of voters in favor of the Google buses if you fail to interview a major voting bloc of the city that actually lives near them. Latinos make up 15 percent of the city’s population, according to 2012 US Census data. But Jeffris said that may not matter.

“The universe of likely voters does not always mirror [the population],” he said. “Not everyone in the city’s population votes.” Ruth Bernstein, a principal of EMC Research, the pollsters, said the Cantonese speakers usually comprise 9 percent of likely voters.

The poll found that “Tech workers are viewed unfavorably by only a minority.” Just 17 percent of respondents were unfavorable of the tech industry to some degree, while 70 percent were favorable in some fashion. 

pollshuttle

An excerpt from the poll saying most San Franciscans view Google buses favorably.

 But the methodology of the poll may have been flawed regardless of who they talked to. Bernstein told the Guardian that the questions were crafted in sessions between the EMC Research and the Bay Area Council.

“We did a draft,” she said, “and then worked with the Bay Area Council until they were satisfied with what we did.”

The Bay Area Council is a noted pro-business organization, casting a particular narrative behind the questions it asks. Notably, it didn’t ask about the shuttles’ direct ties to displacement in neighborhoods. It did, however, ask many questions about the Google buses, or “shuttles.”

“All I can tell you is what we saw,” Berstein told us, of her company’s methodology. “There are certainly people not happy about [the shuttles]. The voters aren’t opposed to them, but they want regulations.” 

SEIU Local 1021 Political Director Chris Daly was more plain spoken about the business interests behind this poll. “Well it looks like Jim Wunderman seeking a paycheck!” Daly said, referring to the Bay Area Council’s CEO and President. “Get the nice folks at EMC to do a poll for you, probably costs you close to 20 grand. They’ll get a good day of press out of it tomorrow.”

But even if the poll turned out to be the same, or similar, if it included voices of Spanish speakers, Daly said it still wouldn’t get to the heart of the issue.

“Even if the public does like tech shuttles, it has no bearing on the CEQA hearing Tuesday to determine if the City followed categorical law on this ridiculous policy,” he said. “They claim [the shuttles have] no significant environmental impact. “When it comes to displacement, when it comes to air quality and cancer rates, clearly these things are having a huge impact on San Francisco’s environment.”

And though the corporate shuttles do take cars off the road, if those same shuttles displace low-income workers into the suburbs, those low-income workers will then have to drive into San Francisco for work.

The tech workers get to ditch their cars, and the low-income workers will be forced to drive. Sounds just about as equitable as this poll.

If you’d like to see the poll for yourself, we’ve embedded the slides showing the results below.

San Francisco Shuttle Survey by FitztheReporter

Activists, union challenge Google bus pilot program

73

San Francisco activists and labor filed an appeal of the controversial commuter shuttle (aka, the Google buses) pilot program to the Board of Supervisors today, alleging it was pushed through without a proper environmental review. 

The appeal was filed by a coalition of the Harvey Milk LGBT Democratic Club, SEIU 1021, The League of Pissed Off Voters, and Sara Shortt of the Housing Rights Committee. 

The shuttles, mostly to Silicon Valley tech firms, pick up passengers in Muni bus stops. The use of public bus stops would incur a $271 fine for private autos, and often do, but the shuttles have largely received a free pass from the city. Last month, the San Francisco Municipal Transportation Agency approved of a pilot plan hatched behind closed doors that allows use of 200 bus stops by the private shuttles, charging only $1 per stop, per day.

The appeal alleges that the program needed review under the California Environmental Quality Act, which asks for projects to be analyzed for, among other things, land use, housing, and public health impacts. 

“CEQA actually identifies displacement as an environmental impact,” attorney Richard Drury, who filed the appeal on behalf of the coalition, told us. “Almost no one knows that. Honestly I didn’t know that, until I started researching all of this.”

If the Board of Supervisors doesn’t back the appeal, there may be a court battle on the environmental impact of the shuttle stops, which increase rents and home prices nearby. 

Paul Rose, spokeserpson for the SFMTA, responded to the complaint in an email to the Guardian.

“We developed this pilot proposal to help ensure the most efficient transportation network possible by reducing Muni delays and further reducing congestion on our roadways,” Rose wrote. “We are confident that the CEQA clearance is appropriate and will be upheld.”

In the meantime, Drury told us, the coalition is performing environmental research of its own. It has experts from the US Environmental Protection Agency and other organizations analyzing diesel outputs from the shuttles, as well as the impact of shuttles on displacement. 

“CEQA review needs to have a review before they start the pilot, not after,” Drury said. “They’re basically doing it backwards: let’s have 200 stops and 35,000 people in the service, and figure out what happens.”

Some studies conducted already show that affluence rises wherever the shuttle stops are placed. One by Chris Walker, a 29 year old in Mumbai, India, shows rising property values in and around the Google bus stops from 2011 to 2013.

heatmap

This heatmap shows a rise in property values appreciated near shuttle stops.

“We see the Google Bus as a part of a larger effort to privatize public spaces and services, displacing both current residents and the public transportation system we rely on,” said Alysabeth Alexander, Vice President of SEIU Local 1021, in a statement. “San Francisco has a long history and tradition as a union town. With the tech takeover, San Francisco is becoming inhospitable to working class families. Our wages are stagnant, as the cost of everything is skyrocketing. This is a shame.”

BART approves contract, union threatens electoral challenges

0

The BART Board of Directors approved a modified contract with its two biggest labor unions on Jan. 2, an action that received faint praise and was followed up with implied threats from both sides, continuing one of the ugliest and most impactful Bay Area labor disputes in recent memory.

The four-year contract resolves a dispute over a paid family leave provision that BART officials say was mistakenly included in the contract that the unions negotiated and approved in November following two strikes and two workers being killed by a train that was being used to train possible replacement drivers on Oct. 19.

Recent negotiations yielded a contract with seven new provisions favorable to workers, including a $500 per employee bonus if ridership rises in the next six months and more pension and flex time options, in exchange for eliminating six weeks of paid leave for family emergencies.

The new contract was approved on a 8-1 vote, with new Director Zakhary Mallett the lone dissenter, continuing his staunchly anti-union stance. Newly elected President Joel Keller was quoted in a district statement put out afterward pledging to change the “process” to prevent future strikes.

“The Bay Area has been put through far too much and we owe it to our riders and the public to make the needed reforms to our contract negotiations process so mistakes are avoided in the future,” Keller said.

But from labor’s perspective, the problem wasn’t the “process,” but the actions taken by the Board of Directors; General Manager Grace Crunican; and Thomas Hock, the union-busting labor negotiator they hired for $400,000 — and the decision by BART to practice bargaining table brinksmanship backed up by a fatally flawed proposal to run limited replacement service to try to break the second strike.

A statement by SEIU Local 1021 Executive Director Pete Castelli put out after the vote began, “Today’s Board vote incrementally restores the faith that the riders and workers have lost in the Board of Directors, but it’s not enough to fix the damage they’ve caused to our communities.”

It goes on the blame the district for the strikes and closes with a vague threat to target the four directors who are up for election this year: Keller, James Fang, Thomas Blalock, and Robert Raburn (whose reelection launch party last month was disrupted by union members).

“Today BART is less safe and less reliable because of the Directors’ reckless leadership,” Castelli said. “Something has to change in order for all of us to regain our confidence in BART, and it starts with having BART Directors who are committed to strengthening the transportation system we all rely on and who prioritize its workers’ and riders’ safety. We look forward to the opportunity to work with our communities and to elect Directors who are committed to improving service and safety to all who depend on BART.”

Asked whether the union was indeed threatening to get involved in those four elections this year, spokesperson Cecille Isidro told the Guardian, “You’re absolutely right, that’s exactly what we’re trying to project.”

Local 1021 Political Director Chris Daly took the threat a step further, singling out Mallett as by far the most caustic and anti-union director, saying the union is currently considering launching a recall campaign against Mallett, although that could be complicated by the fact that he represents pieces of three counties: San Francisco, Alameda, and Contra Costa.

“He is so out-of-touch with the region. When he was elected, people didn’t know what they were getting,” Daly said, noting that voters elected Mallett over longtime incumbent Lynette Sweet in 2012 mostly out of opposition to her and not support for him. The Bay Guardian and others who endorsed Mallett have been critical of Mallett’s erratic actions since then, which included trying to raise fares within San Francisco without required social equity studies before becoming the most dogmatic critic of BART’s employee unions.

Daly was also particularly critical of Keller, who he accused of using today’s vote “to roll out his reelection campaign” with an anti-worker tenor. Mallett didn’t respond to Guardian requests for comment, but Keller told us he takes the union’s threat seriously.

“They’ll probably be successful,” Keller said of the impact that a serious union-backed challenge would have on his race. “If I lose my seat over this, I lose my seat.”

And by “this,” Keller means the likelihood that he’ll push for prohibiting BART employees from going on strike, which he said is already the case with the country’s four largest systems — Boston, Chicago, New York City, and Washington DC — which have deemed transit an essential service.

“Large transit agencies do not allow their employees to strike,” Keller said, noting that the San Francisco City Charter also bans transit strikes, something he pointed out Daly didn’t alter during his tenure on the Board of Supervisors.

And Keller said he’s willing to risk his seat to make that change: “I feel my responsibility is to use my remaining time to break this dysfunctional labor process.”

Daly cited a litany of grievances that could be corrected by new blood on the board. “The experience of the last 8-10 months elevates the importance of these BART Board races,” Daly told us. “They spent about $1 million to basically malign their workers and improve their negotiating position on the contract.”

SEIU Local 1021 members are slated to vote on the latest BART contract on Jan. 13.

BART approves contract as tensions with its workers continue UPDATED

7

The BART Board of Directors today approved a modified contract with its two biggest labor unions, an action that received faint praise and was followed up with implied threats from both sides, continuing one of the ugliest and most impactful Bay Area labor disputes in recent memory.

The four-year contract approved today resolves a dispute over a paid family leave provision that BART officials say was mistakenly included in the contract that the unions negotiated and approved in November following two strikes and two workers being killed by a train that was being used to train possible replacement drivers on Oct. 19.

Recent negotiations yielded a contract with seven new provisions favorable to workers, including a $500 per employee bonus if ridership rises in the next six months and more pension and flex time options, in exchange for eliminating six weeks of paid leave for family emergencies.

The new contract was approved on a 8-1, with new Director Zakhary Mallett the lone dissenting vote, continuing his staunchly anti-union stance. Newly elected President Joel Keller was quoted in a district statement put out afterward pledging to change the “process” to prevent future strikes.  

“The Bay Area has been put through far too much and we owe it to our riders and the public to make the needed reforms to our contract negotiations process so mistakes are avoided in the future. I will appoint a new Board committee to investigate the policies and practices of labor negotiations and will make recommendations to the Board and the General Manager on how we can improve the process,” Keller said.

But from labor’s perspective, the problem wasn’t the “process,” but the actions taken by the Board of Directors; General Manager Grace Crunican; and Thomas Hock, the union-busting labor negotiator they hired for $400,000 — and the decision by BART to practice bargaining table brinksmanship backed up by a fatally flawed proposal to run limited replacement service to try to break the second strike.

A statement by SEIU Local 1021 Executive Director Pete Castelli put out after the vote began, “Today’s Board vote incrementally restores the faith that the riders and workers have lost in the Board of Directors, but it’s not enough to fix the damage they’ve caused to our communities.”

It goes on the blame the district for the strikes and closes with a vague threat to target the four directors who are up for election this year: Keller, James Fang, Thomas Blalock, and Robert Raburn (whose reelection launch party last month was disrupted by union members).

“Today BART is less safe and less reliable because of the Directors’ reckless leadership,” Castelli said. “Something has to change in order for all of us to regain our confidence in BART, and it starts with having BART Directors who are committed to strengthening the transportation system we all rely on and who prioritize its workers’ and riders’ safety. We look forward to the opportunity to work with our communities and to elect Directors who are committed to improving service and safety to all who depend on BART.”

Asked whether the union was indeed threatening to get involved in those four elections this year, spokesperson Cecille Isidro told the Guardian, “You’re absolutely right, that’s exactly what we’re trying to project.”

Local 1021 Political Director Chris Daly took the threat a step further, singling out Mallett as by far the most caustic and anti-union director, saying the union is currently considering launching a recall campaign against Mallett, although that could be complicated by the fact that he represents pieces of three counties: San Francisco, Alameda, and Contra Costa.

“He is so out-of-touch with the region. When he was elected, people didn’t know what they were getting,” Daly said, noting that voters elected Mallett over longtime incumbent Lynette Sweet in 2012 mostly out of opposition to her and not support for him. The Bay Guardian and others who endorsed Mallett have been critical of Mallett’s erratic actions since then, which included trying to raise fares within San Francisco without required social equity studies before becoming the most dogmattic critic of BART’s employee unions.

Daly was also particularly critical of Keller, who he accused of using today’s vote “to roll out his reelection campaign” with an anti-worker tenor. Neither Keller nor Mallett immediately responded to Guardian requests for comment, but we’ll update this post if and when we hear from them [see UPDATE below].

Daly cited a litany of grievances that could be corrected by new blood on a board that has seen little changeover in the modern era, from hiring Crunican (who Daly called “a terrible hire”) and Hock to conflating the district’s capital and operating budgets during the current negotiations, trying to expand the system on the backs of workers using an aggressive media strategy.

“The experience of the last 8-10 months elevates the importance of these BART Board races,” Daly told us. “They spent about $1 million to basically malign their workers and improve their negotiating position on the contract.”

BART spokesperson Alicia Trost denied that the district has been hostile to it workers, telling the Guardian, “From the beginning, we negotiated in good faith and we always tried to strike a balance between investing in the employees and investing in the system.”

In addition to the unions targeting directors in this November’s election, the district is also awaiting a ruling from the National Transportation Safety Board on its responsibility for the Oct. 19 fatalities, as well as facing scrutiny from the California Legislature, particularly its Joint Legislative Audit Committee and the Assembly Committee on Labor and Employment, whose members criticized BART’s lax safety culture during a Nov. 7 hearing.

Assemblymember Phil Ting (D-SF) called that hearing and criticized BART officials there for failing to provide requested safety information, requiring them to submit that information in writing, which he says still wasn’t adequte. “It was very difficult to decipher,” Ting told the Guardian recently.

Once the Legislature comes back into session on Jan. 6, Ting said that, “We’ll have a clearer idea whether we need more hearings.”

Meanwhile, SEIU Local 1021 members are slated to vote on the latest BART contract on Jan. 13.

UPDATE 1/3: Keller got back to us and admitted that if the unions really target him for removal in a serious way, “they’ll probably be successful.” He was fatalistic about that possibility, repeatedly voicing acceptance of that prospect: “If I lose my seat over this, I lose my seat.”

And by “this,” Keller means the likelihood that he’ll push for prohibiting BART employees from going on strike, which he said is already the case with the country’s four largest systems — Boston, Chicago, New York City, and Washington DC — which have deemed transit an essential service.

“Large transit agencies do not allow their employees to strike,” Keller said, noting that the San Francisco City Charter also bans transit strikes, something he pointed out Daly didn’t alter during his tenure on the Board of Supervisors.

And Keller said he’s willing to risk his seat to make that change: “I feel my responsibility is to use my remaining time to break this dysfunction labor process.”

Keller also said that there were mistakes on both sides during BART’s labor impasse, including BART’s decision to train replacement drivers to offer service between Oakland and San Francisco during a strike. “Maybe the prospect of training replacement drivers was a mistake, and I’ll accept that responsibility,” Keller told us.

He explained the ill-fated decision by saying, “We were in a hardball environment,” which he said both sides contributed to.  

Oakland joins 100 cities in national fast food strike

28

It was a bad day for Big Macs, but a good day for workers. 

Joining a nationwide day of action, a wave of over a hundred protesters crowded into a Oakland McDonald’s, on Jackson street, demanding fast food workers to join in the strike.

Four employees joined in the strike, and others briefly joined the march outside.

100 cities across the country held similar strikes, with workers in Detroit, New York City and more demanding a livable wage of $15 an hour. 

The protest was nationally led by labor unions, including the SEIU, but locally it was led by men like Jose Martinez. Martinez led the strike at KFC some time back, and was one of the organizers at the forefront of today’s action at McDonald’s and other fast food outlets. 

“It’s a movement for all fast food workers to come together and fight for our rights,” he said.

Standing with Martinez in Oakland, rapper, performer and music producer Boots Riley said he was in support of the fast food workers’ movement.

“Fighting to raise wages of anyone helps everyone, a high tide raises all boats,” he told the Guardian. “You help make that profit, your labor is worth more than minimum wage.”

Inside, the fast food joint was bursting at the seams, the workers hungry for justice.

“Markeisha! Markeisha! Markeisha!” they screamed, bursting into cheers as the five-foot tall girl hobbled around the counter to join the strike. Markeisha, who did not want her last name used, said she tore her ACL a week ago tripping over one of her children’s toys. She can’t afford not to be at work though, and worked the register from a chair.

We asked if she was afraid to be on strike.

“Afraid? Kind of,” she said. If she lost her job, “I wouldn’t have a way to pay my bills and support her family.”

She has two children, a five year old and an 11 month old. But to her this is important, because she isn’t earning a living wage.

“I haven’t had a raise in three years,” she said. That’s the entire time she’s worked there. Only now that she’s training to be a shift manager is she going to make $8.50 an hour. That’s a raise of fifty cents.

“McDonald’s and our owner-operators are committed to providing our employees with opportunities to succeed,” McDonald’s stated on its website. “We offer employees advancement opportunities, competitive pay and benefits.”

One worker we talked to said they had to visit food banks to eat, even though they were fully employed. McDonalds also wanted to correct the media.

“To right-size the headlines, however, the events taking place are not strikes. Outside groups are traveling to McDonald’s and other outlets to stage rallies,” they wrote.

But contrary to their statements, eventually four workers did join the protesters in their strike, and together they poured out of the McDonalds into the adjoining parking lot. They danced and screamed, all advocating for their right to a livable wage.

Nationally the SEIU has taken the lead in organizing the workers, but locally the protest was organized as a coalition between a number of groups, including the ReFund & ReBuild Oakland Community-Labor Coalition, ACCE, EBASE, the East Bay Organizing Committee, UNITE-HERE Local 2850, OUR WALMART, SEIU 1021, and SEIU ULTCW. 

Unions suing BART board over contract disagreement today, no strike yet

35

Two of BART’s largest unions will announce a lawsuit against the BART board of directors today on the steps of the Alameda County Superior Court at 11am, which they plan to file shortly before the press conference.

The suit will directly challenge the board’s Nov. 21 decision to ratify a contract between the unions and BART management without a hotly contested provision on family leave.

In their announcement of the suit, SEIU Local 1021 and ATU Local 1555 allege the board made “illegitimate and unprecedented actions” in ratifying the contract while removing a section on family leave, which was signed off on by BART management in July. Under the provision, workers who go on leave under the federal Family and Medical Leave Act would be paid for six of the 12 weeks the law allows them to take unpaid. 

Management has since called signing off on family leave a “mistake,” and the board asked all sides to ratify a contract without the provision, hence the lawsuit.

But would a lawsuit mean a new strike?

“That’s what everybody is asking,” SEIU Local 1021 spokesperson Cecille Isidro told the Guardian. “The unions aren’t ruling out any options, but no strike is being called or scheduled at this time.”

BART spokesperson Luna Salaver told the Guardian last month that “it was a mistake that a provision rejected twice by BART management ended up in the stack of approved documents.” She noted that it was caught as the district prepared to give the contract final approval on Nov. 21, though it was already signed by the two unions.

“We were never confused as to the status of the Family and Medical Leave Act agreement,” Local 1021 Political Director Chris Daly told the Guardian, in our earlier coverage, which you can read here.

Isidro said more details on the lawsuit would be available at the press conference at 11am. 

ATU Local president Antoinette Bryant responds to family leave “mistake” at a press conference.