SEIU

Newsom hacks away at the budget

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It’s no surprise that many of the items Mayor Newsom hacked out of the city budget at the last minute were important to supervisors who didn’t go along with the mayor’s original budget proposal.

Just look at the complete list (here as a pdf). Among the items axed: $130,000 for a Bernal Heights childcare center (a project Sup Tom Ammiano has been working on for two years or more), $397,000 for homeless drop-in services (which progresive board members have pushed for); $300,000 for home health nurses (a priority of SEIU Local 790) … the list goes on.

The Chron quotes Robert Haaland:

“It’s a very aggressive and obviously retaliatory move. But we’re not just going to roll over,” said Robert Haaland, a political organizer for SEIU. “Imagine you’re a working person and all of a sudden your salary gets slashed. People can lose their homes just because the mayor wants to retaliate. It remains to be seen how we’ll fight back, but we’re certainly not going to watch our members lose their homes.”

I just got off the phone with Haaland, and he went even further: “What they did is an unfair labor practice, retaliating against someone who refused to make concessions,” he said.

Which pretty much sums it up. SEIU Local 1021 wouldn’t play ball with the mayor, so now the union members get hit.

Ammiano was more than a bit pissed off. “It’s all retaliatory,” he told me. “Look at the Bernal preschool. This is a tiny amount of money, but it’s important to the community. And he didn’t even have the courtesy to call me himself and tell me about it.”

Added Ammiano: “It’s particularly ironic since he talks all the time about keeping families in San Francisco. I guess that doesn’t mean low-income families.”

The killer here is that these kind of cuts seem minor when they’re part of a $5 billion budget, but on the ground, on the streets, they really matter.

I’m still waiting to hear if the mayor will support Sup. Aaron Peskin’s revenue measures on the fall ballot, which would provide plenty of money to avoid these kinds of cuts.

McGoldrick’s privatization betrayal

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OPINION This isn’t the first time it’s happened. Most politicians break promises. That’s the nature of politics. But when someone signs a pledge — twice — saying he won’t privatize city services, when he holds himself out as a champion of anti-privatization and then goes directly against that stand —well, it kind of makes you wonder.

That politician is San Francisco Sup. Jake McGoldrick. In the past, he stood against privatizing services. He has fought for golf courses, for the Internet; heck, he even fought for horses when Mayor Gavin Newsom threatened to privatize the stables. During the Service Employees International Union endorsement process, he signed a pledge that he would not privatize work currently done by city workers. We endorsed him and even fought against the effort to recall him. But when the rubber hit the road for people, he screeched out of there.

Newsom has proposed contracting out the work of the Institutional Police, a group of workers represented by SEIU Local 1021. Institutional police officers work primarily at San Francisco General and Laguna Honda hospitals, but they also provide security at health clinics throughout the city. That security — not only for the workers, but for the community that these institutions serve as well — might soon be gone.

If you have ever been in SF General’s emergency room during a violent incident, you know exactly how bad a decision that would be. A nurse who met with McGoldrick described how bad it got on her shift one night. A man who had been shot was being transported to the ER, and the shooter was following closely behind, hoping to finish off the job. When the victim and assailant pulled up to General, the institutional police were there waiting with guns drawn. They disarmed the shooter and arrested him.

The nurse who told this story looked McGoldrick squarely in the eye and told him that the community would know immediately when the ER was staffed by private security officers, and that would endanger the workers and the patients there.

Even the union that represents the private security officers — whose members would get the jobs — told McGoldrick the work should remain with the institutional police.

Training for private security officers is minimal and inconsistent. Turnover is rapid. When private security officers are transferred to new buildings, they’re often not trained on its specific emergency procedures. There is little oversight to enforce existing state training requirements.

This shouldn’t be about money. A couple of weeks ago, during public hearings on the budget, the Controller’s Office reported on the exponential growth of six-figure salaried executive positions in the past few years; 55 new management jobs were created this year alone. McGoldrick, who heads the Budget and Finance Committee, could easily have moved some of that money around, as SEIU 1021 advocated, rather than leave the city’s health care facilities at risk. But he didn’t.

Unfortunately, it only takes one bad incident to expose the false "savings" of contracting out security to inexperienced and less-trained guards. Six supervisors appear to agree. What happened to Jake McGoldrick?

Robert Haaland

Labor activist Robert Haaland works for SEIU Local 1021.

OK, maybe it’s more like 5:1.

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Just got off the phone with SEIU 1020’s RObert Haaland, who apologized for misreading the data, which we have now posted online, so all you budget wonks can go nuts and help us ordinary morals understand the City’s hiring trends over the past decade.

Haaland now believes Newsom’s manager to worker hiring ratio is more like 5:1, not 10:1, as previously blogged.

As Haaland told me, Controller Ben Rosenfeld just clarified that it’s important to look at the gross number, not net number, which in the case of SEIU 1021, bumps up new positions to 771, and not 113 positions.

That said, Haaland still maintains there is a “a massively disproportionate number of managers, compared to workers,” being hired.

“The justification being given to me is that the Municipal Executives Assocation accepted the furloughs, so they got new positions,” Haaland claimed. “But at the same time they are saying that most of these “new positions’ are in fact reclassifications, not new monetary positions, and tthat there are in fact only 14 or 15 actual new positions. But from our perspective, going from a manager to an executive is like being given a promotion or a raise, because it’s up to Human Resources to set the salary.”

Haaland further argues that if you look at the last three years worth of hiring data, and not just this year’s bad budget year, then you can more clearly see a citywide trend of hiring more managers than front line workers.

Either way, this story continues to unfold, so stay tuned, and feel free to reply to this posting, with your insights into the true meanings hidden within the numbers. (And to think, they promised us that there would be no math!)

Newsom’s manager to worker hiring ratio? 10:1.

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Does Newsom show more love to managers than workers?
photos and text by Sarah Phelan

SEIU Local 1021’s Robert Haaland says the City has a pattern of hiring way more managers than front line workers over the last decade.

“Over the last ten years, the City has hired managers to front line workers at a rate of ten to one, “says Robert Haaland, SEIU Local 1021’s political coordinator. “That means 1,000 managers to 100 front line workers. And fifty percent of these new management hires have occurred within the Newsom administration.

Haaland makes his argument using an analysis of full-time equivalent positions that the City has budgeted and funded over the last ten years, broken down. by union.

SEIU requested this analysis through the office of Board President Sup. Aaron Peskin.

These figures, Haaland observes, show that SEIU gained 113 new positions over the last decade, the Municipal Executives Association gained 334 positions, and Local 21, which represents professional and technical engineers, gained 781 positions.

“We’re not going after Local 21, or any union,” Haaland says. “We’re going after the City’s hiring practices, in which their priority is to hire executives and managers.”

Haaland’s explosive claims come as the City is going through one of the most painful budget hearings in memory, in an effort to reconcile a $338 million projected deficit–a deficit that Newsom’s critics claim has been predominantly balanced on the backs of the poor.

Monique Zmuda, Deputy City Controller, confirmed that there are 53.95 FTE MEA positions budgeted for 2008-09, with many occurring in the Municipal Transportation Agency and at the airport.

“The Muncipal Executives Assocation is sort of the top management level of the City,” Zmuda told the Guardian.

She noted that when the Mayor recently talked about deleting management positions, “He was not talking about the unions, he was talking about managers generically.”

“We also have managers who are attorneys, police, firefighters and physicians, and of we are looking at hiring increases over time, most are in police, nurses and sheriffs,” she said.

Says Haaland, “We’re not haggling over positions, we’re haggling over an institutional priority in every City department of hiring managers over workers.”
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And people wonder why the real Newsom looked stressed at his June 2 budget announcement at the Shipyard.

And so it begins

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› sarah@sfbg.com

Mayor Gavin Newsom chose a telling site for the June 2 release of his budget: the San Francisco Police Department’s Special Tactical Operations Center at Hunters Point Shipyard. And if its relationship to Proposition G, the mayor’s plan to let Lennar Corporation develop the southeast part of the city, wasn’t clear enough, Newsom made it explicit.

"You’ll have the opportunity to support Proposition G and reject Proposition F, the one that is getting in the way," Newsom told department heads and the press as police, who warned budget protesters that it is illegal to campaign on city property, looked on in silence. It is also illegal for the mayor to campaign for ballot measures on city property.

In his speech, Newsom labeled as the "heroes" of this year’s budget the unions that have agreed to unpaid days off, including the Laborer’s Union, the Deputy Sheriff’s Association, Firefighters Local 798, and the Municipal Executives Association. Conversely, he vowed to remember that the police, nurses, and lawyers unions wouldn’t amend the contracts Newsom negotiated last summer.

Sounding more like a gubernatorial candidate intent on winning over Orange County voters than the leader of the most progressive city in the nation, Newsom said, "We are living within our means and being fiscally prudent, without out-of-control borrowing and without tax increases. But we still have a $338 million shortfall."

But there has been widespread criticism of the mayor’s plan as details emerge of its massive cuts to health and human services, while increasing the city’s budget for street repaving, pothole repair, and police academies.

"It’s the least democratic, least transparent budget process in many years, in terms of lack of information from the Mayor’s Office to the city departments and the community-based organizations that are affected," said Coleman Advocates for Children and Youth organizer Chelsea Boilard. "In the past, programs were given a heads-up. This year it continues to be a frantic scramble."

According to Boilard, city departments were still finding out the extent of the cuts even after Newsom made his presentation, including the news that the budget addbacks approved by the Board of Supervisors last year are not being continued in the 2008-09 budget.

"A nightmare," was how Debbi Lerman of the San Francisco Human Services Network described the budget.

"If we listen to mayor’s presentation, everything is rosy, revenue-wise. It’s just a spending problem. But from the community’s perspective, it’s shocking," Lerman said, citing $15.5 million in cuts to the Department of Public Health, $3.5 million in cuts to the Human Services Agency, and a 20 percent cut to domestic violence programs.

"And [the cuts] have been a constantly moving target," Lerman added. "We’re mere weeks away from the implementation of this budget, but no one knows which clients, programs, or services will be lost, though we are sure that there will be a lot of layoffs in our sector. The mayor should not balance his budget on the backs of the poor."

She believes the city needs to look at some non-essential services during a bad budget year and see what can be deferred to the future — and find ways to increase its revenue.

"The mayor is not a stone. He does get it to some degree. But it’s unfortunate that he’s not chosen to put forth revenue measures at this point," Lerman said.

Robert Haaland of Service Employees International Union Local 1021 agrees that the city has a revenue problem. He also believes that it’s not OK to ask the city’s lowest-paid workers to make concessions, again and again: "[SEIU 1021] has repeatedly stepped up to the table, we’d like to see some others do it."

Jonathan Vernick, executive director of Baker’s Place, which is facing the prospect of having to close one floor of its medical detox program, argues that many of the mayor’s proposed cuts are in conflict with Newsom’s stated goal of getting the homeless and inebriated off the street. "Ironically, this budget seems to fail to meet a simple criteria — that the proposed cut actually saves money," Vernick said. "All I can see is cuts that by end of fiscal year will have dismantled a system that’s been working for 35 years."

John Eckstrom of the Haight Ashbury Clinics believes the budget cuts will decimate the model of integrated services. "These are very deep cuts," said Eckstrom, who expects to lay off 40 to 50 of his 170 employees.

"It’s a testament to the willpower of the nonprofits that we are able to stay alive," Eckstrom said. "But what are the mayor’s priorities? There’s his rhetoric that says it’s not a revenue problem, and then there’s the reality."

With the Board of Supervisors set to conduct public budget hearings throughout June, Board President Aaron Peskin sees Newsom’s proposal as a "law and order budget."

"Domestic violence programs have lost $750,000 in funds, substance abuse programs have been taken to the woodshed, and mental health programs are being cut by 25 percent," said Peskin, criticizing the mayor for "introducing and extolling new programs while failing to protect the safety net of human and health services that San Francisco has put together over many years."

"Last time we had a budget like this, Mayor Willie Brown was much more forthright and honest about its disastrous impact on the poor," Peskin added. "This administration has cloaked this disaster in a press blitz. But any way you dress it, it’s a pig."

As chair of the Board’s Budget and Finance Committee, Sup. Jake McGoldrick was equally blunt in his criticisms as he set about deciphering the details of Newsom’s proposal

McGoldrick refuted as "a deception" Newsom’s claim of having cut 1,085 jobs. "The real number is 99.08 positions," McGoldrick said, factoring in preexisting vacancies, Newsom’s three proposed police academy classes, and the 26 staff positions for Newsom’s 311 program, not to mention other new proposed programs and initiatives.

Upset that Newsom has budgeted $500,000 for a Community Justice Court that will divert people to the kinds of programs that Newsom’s budget is undermining, McGoldrick told the Guardian that he "aims to identify at least $30 million to $40 million in deceptions and redirect these funds to top priority human needs and services that are already woefully underfunded."

"The mayor is trying to pump all the problems over to the Board of Supervisors," McGoldrick said. "It’s going to be a labor of love to figure out how to direct money to folks who are hurting now."

Peskin said he expects the supervisors to discuss three new revenue proposals in the next month in order to avoid another slash-and-burn budget next year. These proposals include a property transfer tax, closing a payroll tax loophole on partnerships, and preserving the city’s 911 fee, which is under legal attack.

As of press time, the Mayor’s Office had not returned calls about revenue creation. Maybe Newsom’s handlers were busy figuring out how to deal with a budget protest slated for 6 p.m. June 11 outside the his residence in the Bellaire Tower building, 1101 Green St.

Organized by Jennifer Friedenbach, executive director of the Coalition on Homelessness, the protest aims to draw attention to what Friedenbach calls "Mayor Newsomator’s plans to terminate the poor."

These plans include closing the Ella Hill Hutch Homeless Shelter as well as the Tenderloin Health Homeless Drop-in, and the almost total elimination of the SRO Families United Program. The Board has until July 31 to adopt a revised budget.

Beyond the budget spin

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OPINION Local government is frozen. The mayor’s office and the Board of Supervisors have been engaged in open warfare for months. This week, Mayor Gavin Newsom announced that in order to balance San Francisco’s budget, city services and community-based organizations will have to undergo draconian cuts.

In a preemptive move against embarrassing protests, the mayor’s press office did not reveal the location of the annual budget presentation to the news media until late Friday afternoon. Even the supervisors, who will be debating and voting on the budget during the month of June, were left in the dark until then.

While the mayor didn’t blame city workers for the financial crisis, he did suggest that Service Employees International Union Local 1021, which represents the low-wage, frontline, service-providing city workers, should "help out."

Well, we have. SEIU members stepped up to "help out" in fiscal years 2003–04 and 2004–05 by agreeing to wage freezes and self-funding our pensions. All the recent midyear cuts were in public health agencies and among SEIU-represented nonprofits.

Most recently we stepped up by helping draft and vigorously campaigning to pass Proposition B, which freezes city workers wages for two years and tightens eligibility for retiree health care benefits in exchange for a modest increase in city pension benefits.

The mayor’s budget director repeatedly has said that this is a spending problem, not a revenue problem. Talk about spin.

Moreover, in his June 2 budget presentation, the mayor made no mention of raising revenue as an answer to our fiscal problems. You could almost hear Gov. Schwarzenegger’s voice as Newsom presented a slash-services budget with a "no-new-taxes" slogan waiting in the wings for his next campaign.

Everyone knows it’s expensive to live in San Francisco. Paying city employees a wage that allows them to stay in the community they serve isn’t a budget "problem." It ought to be a basic part of what City Hall does and cares about. And if that means looking at bringing in new sources of money, we should have that conversation.

We believe there are various revenue sources that make more sense to explore than some of these service cuts, including a real estate transfer tax increase for high-level properties.

Fortunately, the mayor’s proposal is just a starting point. Soon we will be proposing specific alternatives.

Toward that end, the San Francisco Human Services Network and Coleman Advocates for Children and Youth have organized a citywide forum on the mayor’s proposed budget cuts. SEIU 1021 is cosponsoring this event. The San Francisco budget and revenue town-hall meeting will be held June 9 from 2-4 p.m. in the San Francisco Main Library’s Koret Auditorium, 100 Larkin (at Grove)

Don’t get angry. Get organized.

Robert Haaland

Robert Haaland is a longtime San Francisco activist who works for Local 1021.

Migden on Newsom’s cuts

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Our editorial this week calls on the two candidates for state Senate, Carole Migden and Mark Leno, to speak out against the Newsom budget cuts. I haven’t heard from Leno, but I got the following message from Migden this morning:

“I completely agree with your take that Mayor Newsom’s budget cuts are cruel and will take from those who have little or nothing to give. I have stood and spoken out with SEIU 1021 at two protests this year against these cuts to vital social services. Moreover I have stood with the California Nurses Association as we try to save St. Lukes and enforce staff to patient ratios. What is most vexing about the Mayor’s move to cut $18 million in healthcare for the City’s poorest residents, is that there seems to be no willingness to reach out and ask more from those who live in this CIty and can afford to pitch in extra. There is no question that the City and the State is in dire economic straits. Yet San Francisco also has a population of incredibly wealthy individuals (including our Mayor) and we must explore all options and pull in extra resources to make the City whole. Cutting is the quick and frankly the easier option; hard work and leadership is what is required to save vital services.

-State Senator Carole Migden”

So, go Carole. Mark?

The SEIU strikes back

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› jesse@sfbg.com

The Rhode Island Street headquarters for Local 1021 of the giant Service Employees International Union (SEIU) had several surprise visitors April 14. First, International President Andy Stern arrived from Washington DC to speak with the local’s executive board.

Then, after word of Stern’s last minute appearance got out, a group of 20 activists from Oakland–based SEIU affiliate United Healthcare Workers West (UHW) attempted to enter the building and confront Stern about what they perceive to be his anti-democratic administration. They were barred from the meeting. When the Guardian attempted to gain entrance, we were twice escorted to the exit by 1021 staffers. A source inside the union said Stern left through a back door during lunchtime.

Stern’s visit and the dissidents’ foiled attempt to meet him reflect the high level of tension inside SEIU these days. As it prepares to vote on several democratic reform measures at a convention in early June, internal fault lines have split the 1.9 million-member union.

As we reported last week ("Hard Labor," 4/9/08) Stern loyalists have pushed the boundaries of union rules, and perhaps even federal law, to beat back the slate of reforms championed by UHW’s dissident leader, Sal Rosselli.

Now, in response to our reporting and to Rosselli’s movement, leaders inside the labor giant apparently have gone into full damage-control mode.

In fact, an election committee that appears to have been hand-picked by Local 1021’s president already rejected an internal complaint about the election process — and critics are calling foul.

WHO’S A MEMBER?


Two weeks ago, the Guardian reported on a controversial batch of e-mails among SEIU officials. Calling themselves the "salsa team," high-level union staffers — including Damita Davis-Howard, whom Stern appointed as president of 1021, as well as Josie Mooney, a Stern assistant — swapped campaign strategy and exchanged anti-Rosselli talking points during an election to select delegates to the upcoming convention.

On April 4, more than a dozen union members lodged a formal complaint with the organization’s local election committee. The complaint charged that the salsa team’s missives broke union rules against staff involvement in elections. Soon afterward, lawyers representing Rosselli’s union filed suit against Stern and the SEIU — alleging, among other things, that SEIU "officers, employees, and allies" interfered with delegate elections in violation of federal labor law.

While the lawsuit will not see a courtroom for some time, it didn’t take long for the union committee to rule against the members’ complaint. In a memo dated the following Monday, April 7, and obtained by the Guardian, the nine-member body reported to the union’s International Secretary-Treasurer that "the staff (directors and others) named in the challenge are members of Local 1021 and therefore have the same right as all other members" to participate in the election.

The distinction is key: union rules strictly forbid paid staffers from interfering in elections by members. And supporters of union democracy insist that a central tenet of their movement are the notions that staffers work for the membership — and that the members, not the staff, determine union policy (See Opinion, page 7).

The outcome is important not only to the union but to progressive politics in San Francisco. Local 1021 (and Local 790, the San Francisco chapter that predates it) has played a major role in supporting progressive causes and candidates.

The committee’s ruling, and the speed with which it reached its decision, outraged many inside the union. A number of 1021 staffers who declined to be identified for fear of reprisal called the memo "bullshit" when asked to comment.

Union member Maria Guillen, one of the members who signed the complaint, told us that the salsa team’s actions and their exoneration by the election committee "go against the spirit of union democracy." Guillen went on to challenge the assertion that union staff, especially top management like Mooney and Davis-Howard, have the same rights as rank and file members when it comes to campaigning in union elections.

"None of the executive board members I’ve spoken to can recall voting on that. Who had the authority to permit that? … To think that folks with all the resources and all the connections are working against us, it breaks my heart."

The makeup of the committee also raises conflict of interest issues.

According to the provisional bylaws for Local 1021, which were enacted after it was formed in early 2007 by merging 10 separate Northern California locals, 1021’s appointed president Damita Davis-Howard has control "in creating committees and naming members to such committees." Several sources inside the union told us she used this power to select the members of the election committee that apparently ruled on whether she herself broke union rules.

Davis-Howard did not return calls for comment and our attempts to reach committee chair Cassandra Burdick through staff at Local 1021 were unsuccessful.

SEIU international spokesperson Andy McDonald could not confirm whether Davis-Howard had in fact named the election committee members to their positions

ROUGH STUFF


In another indication of just how radioactive SEIU’s internal dissension has become, numerous Democratic politicians and party officials in California recently received a letter signed by five presidents of SEIU locals around the state, including Davis-Howard. The letter, obtained by the Guardian and dated April 2 — the day after we broke the salsa team story — seeks to reassure party members that the union will clean its own house. It also appears to warn the state’s political leaders not to choose sides between Rosselli and Stern.

With millions of dollars in its coffers, SEIU is a prime source of campaign cash for politicians.

"We have a democratic process for resolving our internal differences," the letter reads. "In fact, our members will debate and set the course of our union at our convention in June. We hope that you will respect the right of our members to decide for themselves the direction of their union and avoid involvement in our internal affairs."

SEIU’s alleged hardball tactics have extended beyond its internal conflict in recent weeks. The union has been feuding with the California Nurses Association over allegations that the nurses’ union has been attempting to woo SEIU members into switching to the competing union.

Last week, several CNA board members in Southern California claimed that SEIU staffers showed up at their doors and confronted them. SEIU confirmed that it’s sending people to CNA members’ houses, but said there was no intimidation. And last weekend, a large crowd of SEIU members allegedly stormed a convention in Michigan put on by the magazine Labor Notes. A press release from CNA claimed several people were injured and that numerous CNA officials had to flee "out the back of the hall for their safety."

SEIU’s Lynda Tran confirmed that "things got a little rough" when a group of SEIU members and staff attempted to confront a CNA official. "Folks from both sides got injured," she added.

Labor activist and author Herman Benson, of the Association for Union Democracy in New York, told the Guardian that the divisions within SEIU, and its conflicts with other unions, are nothing new in the labor movement. For nearly as long as unions have existed, he said, power struggles have taken place among union brass. "Any incumbency has enormous weapons at its disposal."

Benson praised Stern for his efforts in recruiting new members for SEIU. As the rest of organized labor has continued to decline in America, Stern’s shop has brought in nearly 1 million new members. But Benson took issue with what he perceived as intolerance for dissent within his ranks.

"Stern has a vision of an almost militarized bureaucratic labor movement … but if you can’t have criticism before your international convention, when can you have it?"

What union democracy means

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OPINION The troubles in the Service Employees International Union, and within SEIU Local 1021 in San Francisco, share a similar theme. How much do individual locals direct their work in the face of the international’s set agenda? And more important, how do union members themselves direct the vision, use of resources, and work of both their local and international union? What is union democracy and how is it made real?

Active members in Local 1021 learned a painful lesson recently when we discovered that senior 1021 staff ran a clandestine campaign during a member election to choose delegates to SEIU’s quadrennial convention this June. These same senior staff demanded that their junior staff remain completely neutral and uninvolved in the election.

A key tenet of union democracy is recognition by all parties that the union staffers work for the members, whose dues pay for their salaries and benefits, their offices, and the programs run by the union.

Local 1021’s governing bodies were appointed by Andy Stern, president of the international, at the time of the merger of 10 locals into one. Next year, Local 1021 holds its first officer and executive board elections. It is essential that we lay out bylaws and an election process guaranteeing that the direction of our local union will be led by its members.

We are at a vital juncture. Do we allow the programs and process to be driven by the international, Stern, and his loyalist staff — or do we assert ourselves as members, examine the issues for ourselves, and choose how we prioritize the work to be done?

At stake is not just the true empowerment of our union, but its credibility. We demand a sense of fair play from the employers we bargain with and consistently take a hard line against managerial favoritism.

In practically every contract campaign, there is a battle over the definition of our union and our very identity. We put forth photographs of our members, use their quotes in the press, and otherwise say to the public, the press, and elected officials that “these people are the union — the nurses, transit workers, librarians, road crews and others who serve our community.”

Meanwhile, management — as well as anti-union lobbies, officials, and think tanks — speak in more pejorative terms of “union bosses” and “big labor,” conjuring images of bureaucrats who cut deals, make the real decisions, and are disconnected from their rank-and-file membership.

It is critical that we don’t prove our opponents right. If the boss-like behavior of our leaders and the manner in which they govern this union promotes double standards, favoritism, and a lack of local autonomy, we only make it easier for anti-union forces to drive a wedge between our members and their union.

Nobody has more at stake in SEIU than the members who pay the bills and whose wages, benefits, and working conditions are being negotiated. Without the international showing respect for local autonomy or democratic empowerment at the local and worksite levels, we cannot hope for existing members to feel like stakeholders in their union, or to inspire prospective members to join us in the future.

Mary C. Magee and Roxanne Sanchez

Mary C. Magee, RN, works at San Francisco General Hospital. Roxanne Sanchez works for Bay Area Rapid Transit. They are members of SEIU Local 1021.

 

A less perfect union

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› jesse@sfbg.com

By nearly every measure, the Service Employees International Union has become a juggernaut. As the rest of organized labor has seen its share of the American workforce continue to dwindle, SEIU has brought in some 800,000 new dues-paying members in recent years. With the Democratic Party taking over Congress in 2006, the 1.9 million-member organization, rich with campaign funds, wields enormous political clout, and it will only become more formidable if Hillary Clinton or Barack Obama wins the White House in November.

But all is not well inside the labor giant. Andy Stern, the union’s president, has pushed hard for merging and consolidating local chapters into larger operations — and many SEIU members, especially here on the West Coast, say that’s turning the union into a top-down autocracy in which Stern loyalists wield undue influence and meddling officials from Washington, DC squelch dissent.

And now, the Guardian has learned, Stern operatives are using their money and organizing clout in a hard-hitting campaign — not to force an employer to the table or to toss out an anti-union politician, but to discredit another labor leader.

The campaign is part of a bruising power struggle between Stern and dissident local leader Sal Rosselli, who runs the Oakland-based SEIU affiliate United Health Care Workers West. In the past few months, union insiders say, SEIU officials, including a senior assistant to Stern, set up what one leader called a "skunk team" to undermine Rosselli’s efforts at winning key union delegate elections. At one point, the team — which involved a political consulting firm linked to big downtown businesses — discussed an opposition research file compiled on Rosselli by a health-care giant his union was fighting

And leading up to the delegate elections last month, SEIU staffers worked to promote Stern-supporting candidates, possibly in violation of union rules, while actively discouraging other union employees from campaigning. That’s led to a formal complaint alleging improper involvement by Stern’s staff in a local union election.

EMERGING TENSIONS


In 2005, Thomas Dewar went to work as a press secretary at Local 790, formerly SEIU’s biggest San Francisco outlet, which represented approximately 30,000 workers, most of them public employees. Local 790 was among the most politically progressive union shops in the country, supporting left-leaning candidates for office and progressive causes like public power. In early 2007, Andy Stern initiated a merger of 790 with nine other regional locals. The move was part of a larger consolidation in the state that saw the number of California union affiliates reduced by nearly half.

The new Northern California superlocal was dubbed 1021, as in "10 to one." Local 1021 has continued 790’s liberal activism. But right after the merger was finalized, Dewar and other sources told the Guardian, the atmosphere around the union changed for the worse.

"A lot of members had anxiety," Dewar recounted. Most troubling, he said, was the insertion of Stern appointees into leadership positions, including current president Damita Davis-Howard. "Members were upset. They saw co-workers whom they had elected unilaterally removed by a guy in DC and replaced by his handpicked appointments."

Ed Kinchley, a Local 1021 member who was appointed by Stern to the local’s executive board after the consolidation, shared Dewar’s memory of the tensions. "You had 10 different locals with 10 different ways of doing things. It’s difficult to merge all of that. A lot of people who had been elected to leadership positions were removed."

Dewar told us he struggled to adjust to his new working environment. But after his initial misgivings, he said he devoted himself to backing Stern’s vision for the combined local: "We were told over and over that change is hard. So I decided to give it an honest shot." Dewar said he worked to get good press for 1021 and to build Davis-Howard’s profile.

But early this year, tensions between Rosselli and Stern flared — and according to Dewar, top staffers at 1021 began to focus more and more of their attention on the feud.

"They were freaking out about Sal," he said.

Enraged at what he considered International meddling in the affairs of his Oakland-based local, United Healthcare Workers West, Rosselli resigned from SEIU’s executive committee in early February. He also began championing a "Platform for Change" to be voted on at the upcoming SEIU convention in June. Among other things, the Rosselli-backed slate of reforms would give local union outlets more say in proposed mergers and collective bargaining agreements. The platform, if approved, would also scrap the current delegate system for electing International officials and replace it with a one-member, one-vote structure.

According to Dewar’s account and to evidence obtained by the Guardian, top SEIU officials have been working overtime to counter Rosselli — even pushing the boundaries of the union’s own rules and colluding with political consultants who have often opposed organized labor.

‘THE ANTI-CHRIST’


In early March, Dewar said that in early March, Josie Mooney, a former Local 790 president who is now a top assistant to Stern, approached him about joining what she characterized as a "skunk team that Andy and I are putting together." Dewar recalls Mooney telling him that the purpose of the team was to counter Rosselli’s increasing popularity with the rank and file, and to sink Rosselli’s platform for the convention.

Dewar told us that Mooney asked him to join the skunk team during a brunch meeting at the Fog City Diner in early March. An e-mail exchange he shared with us shows that he and Mooney discussed having brunch at the diner on March 1.

Mooney did not return numerous calls for comment and, through an SEIU spokesperson, she declined to speak for this article. But Dewar told us Mooney promised him at the brunch that his assistance in her efforts would win him positive attention from Stern. The team, she reportedly told him, was directly authorized by Stern and "that resources would not be a problem."

Dewar said he vacillated about joining the team, torn about aiding what he considered to be an internal union smear squad. "In 1021, we’re conditioned to think that Sal Rosselli is the anti-Christ," Dewar told us. "But even still, he was still a part of the same union." A March 4 e-mail from Mooney’s SEIU e-mail account to Dewar shows her urging Dewar to make up his mind: "You have to give me your commitment. I am (as we speak) selling you at the highest levels. Don’t blow that :)."

Dewar eventually agreed to join Mooney, Tom DeBruin — an elected vice president of SEIU International — and someone Dewar said Mooney referred to as the team’s "silent partner" for a dinner meeting.

E-mails from Mooney and other attendees show that the meeting took place March 10 at Oliveto Restaurant in Oakland.

Mooney’s "silent partner" turned out to be Mark Mosher, of the enormously successful San Francisco consulting firm, Barnes, Mosher, Whitehurst, Lauter, and Partners (BMWL). John Whitehurst, another of the firm’s partners, also attended the dinner.

BMWL has worked for the SEIU since 2001. But its client roster also included Sutter Health and the Committee on Jobs. Both organizations have less-than-stellar reputations among organized labor. Nurses at 10 Bay Area Sutter hospitals recently walked off the job for a 10-day strike. The Committee on Jobs is one of the largest lobbying organizations for downtown San Francisco business interests and has fought against numerous union causes. Mosher told the Guardian by phone that, as of November of last year, the Committee is no longer a BMWL client.

THE ROSSELLI FILE


Dewar claims Sal Rosselli was the central topic of conversation at the dinner. At one point, he says, the participants discussed an "oppo research" file on Rosselli compiled by Sutter Health. The hospital giant has clashed repeatedly with Rosselli and apparently had sought to dig up dirt on him.

Whitehurst worked for Sutter in the 1990s. His efforts for the hospital chain during a ballot campaign in 1997 earned him a place on the California Labor Federation’s "do not patronize" list.

Mosher confirmed by phone that Rosselli’s file at Sutter did in fact come up at Oliveto that evening. But he said Dewar "baited" him and Whitehurst into discussing it. Furthermore, he said, Whitehurst reported that Rosselli’s file was "clean."

In fact, a March 12, 2008 e-mail from Dewar to Mosher suggests that the team focus on Rosselli’s "hypocrisy" and states, "Have we approached anyone at Sutter re: dirt on Sal? Have we been able to peek into their oppo file?"

Later that day Mosher replied, "John Whitehurst read Sutter’s whole oppo file on Sal in 1997." In a follow-up message, Mosher writes that the file "really supports the idea that he’s not motivated by money."

DeBruin did not return calls for comment. Kami Lloyd, communications coordinator for Sutter, disputed whether the oppo file even existed: "To my knowledge," she told us, "no such file exists at Sutter Health."

Reached for comment, Rosselli reacted angrily to news of the alleged "skunk team" and the fact that a research file on him, compiled by a corporation perceived to be anti-union, was being discussed among SEIU officials. "It’s shocking. It’s treasonous. For Andy Stern to be using our members’ dues money to finance [a smear] campaign against his own members in United Healthcare Workers, it’s fundamentally anti-union."

Mosher defended his firm’s involvement with SEIU. He told us that he and Whitehurst were "not brought on board to do negative things against Sal Rosselli." Instead, he said their mission has been to help tout the union’s accomplishments as it prepares to hold its convention from June 1-4 in Puerto Rico.

SEIU spokesman Andy McDonald echoed Mosher’s description of the firm’s duties. Both Mosher and McDonald brought up the fact that Whitehurst has also worked for Rosselli’s UHW union.

UHW’s Paul Kumar confirmed that Whitehurst is currently "on our payroll" to assist in a dispute against Sutter Health — the very company Whitehurst worked for in the 1990s and the same source that provided him with access to Rosselli’s research file. "These guys [BMWL] claim they are trying to reinvent themselves," Kumar said. "But to be on our payroll and to engage directly in executing a dirty tricks program … is about the most blatant violation of professional ethics I can imagine."

Whitehurst did not return calls for comment.

Dewar claimed he urged Mooney and the other attendees of the March 10 dinner to consider "appropriating" Rosselli’s democratic reforms. "The members would all wildly support it. And that way, if the International co-opted Rosselli’s ideas, then [the internal conflict] really would be about this clash of personalities, Rosselli versus Stern, instead of ideas." According to Dewar, Mosher and Whitehurst were receptive to the proposal to co-opt Rosselli’s initiatives, but that "Josie nixed it."

When we asked Mosher if he remembered this exchange from the meeting, he said his memory was "hazy" and that "a lot was being discussed that night."

Although Dewar was, by his own account, an active participant in the skunk team, he says he started to have second thoughts. The dinner at Oliveto, Dewar said, and the discussion of Sutter’s file on Rosselli, "made me want to take a shower … the cynicism I was exposed to was toxic."

One week later, he sent Mooney an e-mail informing her that, "Today’s my last day at SEIU … the circular firing squads that are now forming in the local and in SEIU nationally have left me jaded, stressed out, and depressed."

SEIU’s McDonald denied that the skunk team exists, or ever existed. He added that "the meeting [at Oliveto] was about talking about how [Mosher] could help SEIU communicate our message … within the context of the misinformation campaign being spread by Sal Rosselli and UHW’s leaders."

OUTSIDE INFLUENCE


The rancor between Rosselli and Stern has reached a boiling point in recent weeks. In compiling this story, we had to wade through reams of documents and endure long expatiations from officials and press flaks about the sins of the other side. Both factions have constructed slick, professional-looking Web sites to question the probity of their rivals, and both have coined kitschy names for their respective policy initiatives. The SEIU has countered Rosselli’s "Platform for Change" with what union leaders call a "Justice for All" platform.

But the internecine struggle may have driven Josie Mooney and other high-level SEIU staffers to do much more than vent about Rosselli or seek dirt on him from political consultants. E-mails obtained by the Guardian suggest that she and other SEIU officials worked to influence an important local delegate election last month — possibly in violation of union rules — and, some union members now allege, in violation of federal law.

Delegates selected in the election will attend the union’s international convention in June and will decide between the Rosselli’s "Change" and Stern’s "Justice" platforms. The outcome of that vote, and others like it, will shape the mammoth labor organization’s future for years to come. And the e-mails appear to show a concerted effort by Mooney and Stern loyalists to ensure that Rosselli’s dissidents don’t stack the convention and push through their set of reforms.

Referring to themselves in the e-mails as the "Salsa Team," SEIU staffers discussed strategy and coordinated campaign activity for the delegate election with high-ranking union officials like Mooney and Damita Davis-Howard, the president of Local 1021, the e-mails show. In a formal complaint, some members charge that these activities violated Local 1021’s Election Rules and Procedures — specifically Rule 18, which states that "while in the performance of their duties, union staff shall remain uninvolved and neutral in relation to candidate endorsements and all election activities."

While Rule 18 does not specifically spell out when union staff can advocate for candidates, other than proscribing such activities "while in performance of their duties," the e-mails in our possession are date- and time-stamped, and at least one was sent during normal business hours. Furthermore, the Guardian has obtained an internal memo from Local 1021 official (and apparent Salsa Team member) Patti Tamura in which she warned union staffers that the phrase "’performance of their duties’ goes beyond [Monday through Friday] and 9-5p."

One Local 1021 official who asked not to be identified told us that Tamura’s memo appeared to be a clear message that staff should stay completely out of the election. "They made it perfectly clear to the lower staff that your employment doesn’t stop [after hours]; you’re still staff. That means you don’t get involved. But now it turns out they themselves were doing it. That’s a double standard … it’s certainly not right."

The messages between Salsa Team members show them actively working to recruit potential delegates sympathetic to Stern’s platform and to aid Davis-Howard in her bid to represent the union at the June convention. One missive, dated Feb. 18, which appears to come from the personal e-mail account of Local 1021 employee Jano Oscherwitz and was sent to what appear to be the personal accounts of Tamura and Mooney, requests that a "message for Damita" be drafted.

A forwarded e-mail from that same day, from Oscherwitz to what appear to be personal e-mail accounts for Tamura, fellow 1021 staffer Gilda Valdez, and "Damita" includes a "Draft Message" with bulleted talking points, apparently for Davis-Howard to use as she "Collect[s] Signatures on Commitment Cards."

"Commitment cards" refers to pledges from union members to support certain delegates.

The e-mails go beyond merely aiding Davis-Howard and other Stern-backed candidates. They also include detailed strategy for opposing Rosselli and countering his message. A March 5 Salsa Team message includes an attached document with several talking points critical of the dissident leader. In the body of the e-mail, SEIU staffer Gilda Valdez advises Davis-Howard, Mooney, 1021 Chief of Staff Marion Steeg, and others to "Memorize the points in talking to folks." Valdez goes on to say in the e-mail that she "will be calling … about your assignments."

Reached for comment, Davis-Howard confirmed that the AOL e-mail account listed as "Damita" was hers. But she claimed no knowledge of the Salsa Team or the messages sent to her. "If you’re saying those e-mails went to my home computer, who knows if I ever even got them?"

Davis-Howard bristled at the suggestion that the Salsa Team’s activities violated union rules. "Are you trying to tell me that I can never campaign? Does it [Rule 18] say that I have to be neutral and uninvolved 24 hours a day?"

Calls to Mooney, Oscherwitz, Valdez, and Tamura were not returned. Through an SEIU spokesman, Mooney declined to comment.

A BAD AFTERTASTE


On April 4, three days after the Guardian first reported on the Salsa Team e-mails on our Web site, Sanchez and several other 1021 officials filed a formal complaint with the union’s election committee. In the complaint, they accuse Davis-Howard and the other team members of vioutf8g Rules 10 and 18 of the union’s election codes. Rule 10 forbids "the use of union and employer funds … to support any candidate."

Local 1021 executive board member and Stern appointee Ed Kinchley authored part of the complaint. According to the text, which was obtained by the Guardian, Kinchley wrote, "While telling other staff that they may be fired for any intervention in this election, Ms. Davis-Howard and the others involved secretly did exactly what they told other staff they were forbidden from doing."

The complaint was signed by 16 Local 1021 officials, including numerous members of the local’s executive board. It called on the election committee to remove Davis-Howard "from the elected Delegate list" and to bar Salsa Team members from attending the convention in June.

The issue also has landed in federal court, where UHW was expected to file against Stern and other SEIU officials, alleging interference in delegate elections.

More cynical sources both inside and outside SEIU told us they believe the Rosselli-Stern feud boils down to one thing: power — either holding onto or expanding it. But labor scholar and former Local 790 member Paul Johnston had a more nuanced perspective.

Johnston, who taught at Yale and, until recently, worked for the Monterey Bay Labor Council, told us he admired both leaders and the work each has done on behalf of the larger union. Calling the current strife "a huge can of worms," he added, "These are questions of principle and there are good ideas on both sides."

Stern’s push to increase the union’s bargaining and political clout through more consolidation, Johnston went on, "has some very positive aspects to it…. In the old days, many of these kind of mergers were done for purely political power. The mergers being conducted today [at Stern’s direction] are primarily strategic, though. But there are some power issues that inevitably arise." On the other hand, he said, Rosselli’s UHW, "is a dynamic organizing union that has [its] own issues."

SEIU skullduggery

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>jesse@sfbg.com

As an internal power struggle wracks the giant Service Employees International Union, emails obtained by the Guardian suggest that SEIU officials may have violated union rules by working to influence an important San Francisco delegate election last month.

Delegates selected by Local 1021, based in SF, will attend the union’s international convention in June and will vote on a series of democratic reforms put forward by dissident labor leader Sal Rosselli. In recent weeks, Rosselli has clashed publicly with SEIU’s international president Andy Stern over Stern’s increasing consolidation of the 1.9 million-member labor organization.

And the emails appear to show a concerted effort by Stern’s senior staff and local loyalists to ensure that the dissidents don’t dominate the convention delegation.

Referring to themselves in the emails as the “Salsa Team,” SEIU staffers discussed strategy and coordinated campaign activity for the delegate election with high-ranking union officials like Damita Davis-Howard, the president of Local 1021, and Josie Mooney, a special assistant to Stern, the emails show.

Critics charge that these activities violated Local 1021’s Election Rules and Procedures – specifically Rule 18, which states, “While in the performance of their duties, union staff shall remain uninvolved and neutral in relation to candidate endorsements and all election activities.”

While Rule 18 does not specifically spell out when union staff can advocate for candidates, other than proscribing such activities “while in performance of their duties,” the emails in our possession are date and time stamped and several of them were sent during business hours.

Furthermore, the Guardian has obtained an internal memo from Local 1021 official Patti Tamura in which she warned union staffers that the phrase “‘performance of their duties’ goes beyond [Monday through Friday] and 9-5p.”

One Local 1021 official who asked not to be identified told us that Tamura’s memo appeared to be a clear message that staff should stay completely out of the election. “They made it perfectly clear to the lower staff that your employment doesn’t stop [after hours], you’re still staff. That means, you don’t get involved. But now it turns out they themselves were doing it. That’s a double standard … it’s certainly not right.”

The messages between Salsa Team members show them actively working to recruit potential delegates sympathetic to Stern’s vision for the SEIU and to aid Davis-Howard in her bid to represent the union at the June convention. One missive, dated February 18, which appears to come from the personal email account of Local 1021 employee Jano Oscherwitz and was sent to what appear to be the personal accounts of Tamura and Mooney, requests that a “message for Damita” be drafted.

According to the time stamp on the message, Oscherwitz sent it at 12:03 PM. Feb. 18 was a Monday. [Update: February 18th was the President’s Day holiday. However an email stamped 4:26 PM on the following day, Tuesday the 19th, shows Salsa Team members continuing to confer about Davis-Howard’s campaigning, as well as the recruitment of potential delegates.]

A forwarded email stamped 3:18 PM on that same day, from Oscherwitz to what appear to be personal email accounts for Tamura, fellow 1021 staffer Gilda Valdez, and “Damita” includes a “Draft Message” with bulleted talking points, apparently for Davis-Howard to use as she “Collect[s] Signatures on Commitment Cards.”

“Commitment cards” refers to pledges from union members to support certain delegates.

At the convention, scheduled for June 1 through 4 in Puerto Rico, delegates will weigh in on a series of reforms backed by Roselli, chief of the United Health Care Workers West. These reforms include eliminating the current delegate system for electing union leaders, giving local unions more authority in bargaining for their own contracts, and granting locals more say in proposed mergers.

Stern opposes Rosselli’s reforms. A March 5 Salsa Team message includes an attached document with several talking points critical of Rosselli. In the body of the email, SEIU staffer Gilda Valdez advises Davis-Howard, Mooney, 1021 chief of staff Marion Steeg, and others to “Memorize the points in talking to folks.” Valdez goes on to say in the email that she “will be calling … about your assignments.”

Reached for comment, Davis-Howard confirmed that the AOL email account listed as “Damita” was hers. But she claimed no knowledge of the Salsa Team or the messages sent to her. “If you’re saying those emails went to my home computer, who knows if I ever even got them?”

Despite her unwillingness to acknowledge whether she had received the messages, Davis-Howard bristled at the suggestion that the Salsa Team’s activities violated union rules. “Are you trying to tell me that I can never campaign? Does it [Rule 18] say that I have to be neutral and uninvolved 24 hours a day?”

Calls to Mooney, Oscherwitz, Valdez, and Tamura were not returned.

But some union members think there’s a serious problem here. In a written statement, Roxanne Sanchez, who was the president of the San Francisco local before it was merged with other Northern California locals to create 1021, accused Davis-Howard and the Salsa Team of “rigging the outcome” of the delegate election.

“This type of breach in ethical conduct – at such a high level – threatens the foundation of trust and confidence in our Union and in President Damita Davis-Howard’s ability to hold fair elections,” she said.

Sanchez informed us by phone that a formal complaint will be filed with the union’s election committee by Friday.

Voting and drinking (and a 14″ penis)

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Tuesday, 9:09pm

In anticipation of guzzling free Stella, the Kilowatt has been jammed with voting drinkers since 6pm – well before the Guardian-sposored “Dodge the Drafts” party’s official start time. As for who these drinkers supported today, it’s impossible to guess — even tho I’m surround by fellow Guardian employees, and within eyesight of a woman lustily fingering Obama’s Audacity of Hope. The Obama supporters sharing my table say that the bartenders have informed them that we’re in “Clinton territory.” Who knows?

One thing’s for sure: it’s all about voting and drinking at the mission district bar. The free Stella ran out within an hour.

Stella.jpg
Tonight’s real winner?

I did get some insight from Tim Paulson. The San Francisco Labor Council head tells me that although there’s no official endorsement from his organization, most laborers he know were in support of John Edwards (perhaps because Edwards marched with striking hotel workers three years ago), and that many of those votes are now going to Obama. Nevertheless machinists and teachers endorsed Clinton, while the SEIU favored Obama.

Delete key

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› sarah@sfbg.com

San Francisco’s recent move to a new, privatized electronic campaign finance database will make it more difficult to track amendments to reports on political spending, a change that has caused a conflict between top-level staffers at the Ethics Commission.

In a Jan. 10 memo sent to all of the appointed members of the Ethics Commission, fines collection officer Oliver Luby wrote, "The transition to a NetFile-created database will result in large amounts of deletion of campaign data from the Commission’s database, both in the future and retroactively.

"This data deletion will destroy the ability of the Commission and the public to systematically perform computerized reviews of finance changes made via amendment," Luby wrote, adding, "Coincidentally, the biggest beneficiary of this lack of disclosure will be the clients of NetFile."

Many large campaigns use NetFile to electronically file their finance statements, and last year the Ethics Commission decided to have the company take over the city database, which officials with the Department of Technology and Information Services say is failing.

To illustrate his concerns, Luby sent a report to commissioners and staff Jan. 2 identifying more than $2 million in transactions that political committees, including the 2003 campaigns Gavin Newsom for Mayor and Kamala Harris for District Attorney, reported between 1997 and 2007 by using post-filing-deadline amendments, sometimes in violation of the law.

"If there is any way for the Commission to convince NetFile to provide a database and filing system that will not delete data, I recommend pursuing it," Luby concluded. "Otherwise, this problem is an indicator that the cost savings obtained by using NetFile, instead of SF DTIS, were inflated."

But Ethics executive director John St. Croix didn’t appreciate Luby’s input and defended the choice of NetFile.

"DTIS determined that it would be very expensive and unrealistic for them to create a new system since they didn’t have the man power or the time. And to buy it elsewhere, like from the city of Los Angeles, would have been expensive, so we looked at the private vendors," he told the Guardian.

St. Croix signed a three-year, $90,000 per year contract with NetFile on Oct. 31, 2007, and told us, "If we don’t go with NetFile, we won’t have anything,"

David Tristan, deputy director of Los Angeles’ Ethics Commission confirmed that his city’s in-house system, which costs $30,000 per year, is not a turnkey operation: "It was built as a filing, audit, enforcement, and compliance tool, and it’s a good system, but we encourage that you have a systems person."

St. Croix claimed Ethics auditors are not losing any tracking capability. "The way the old system works, a global assessment is no longer available," St. Croix told the Guardian.

Acknowledging that his staff will have to take more steps to do a comprehensive "global search," St. Croix said Luby "is negating the fact that we will be able to display lobbyist reports, statements of economic interests, and all our scanned filings."

If a modification to the NetFile contract is required, St. Croix said, "We’ll try to get the city to pay for it." But, he claimed, "there is no basis for the idea that there is a sinister relationship between the filers and NetFile."

NetFile founder David Montgomery confirmed that NetFile, which accounts for 50 percent of the state’s electronic filings, provides services to filers, such as political committees supporting candidates and measures, and governmental agencies.

"But the data filed belongs to NetFile’s customers. We’re just providing a management service," Montgomery told the Guardian, dismissing conflict-of-interest concerns. "That’s like saying that because Joe Smith cheated on his income tax, we need to sue TurboTax."

Noting that amendment-tracking capabilities are on NetFile’s long-term wish list, Montgomery said, "We want to make sure everyone is happy with the transition, but some people don’t like change."

Joe Lynn, who was campaign finance project for the Ethics Commission when San Francisco went online, believes NetFile represents a degradation of Ethics audit capacity. "The biggest fine issued by the SF Ethics Commission, and the biggest in California, involved this principle, the auditing of an amendment," he said, referring to the $100,000 fine that a Pacific Gas and Electric Co.–funded committee incurred from the city (plus $140,000 from the state) when its amended filings showed it failed to disclose $800,000 in last-minute donations from the utility to help defeat a 2002 public power measure. Ethics auditors caught one of PG&E’s violations, while the media, using Ethics’ amendment review tools, caught the other.

"But thanks to the way NetFile’s system is set up, it doesn’t have the capacity to display amendments the way we do," Lynn said. "This demonstrates the dangers of privatization."

Lynn said NetFile’s less sophisticated ability to track amendments stems from the fact that it was set up in 1998 to help committees fill out campaign finance reports, "and not from what makes sense for public disclosure.

"It’s unfortunate, but not necessarily negligent, that this fell through the cracks," added Lynn, who suggests the Ethics Commission should work to resuscitate its amendment-tracking ability by requiring that committees filing amendments fill out a form stating just how filings have been amended.

"We need to have ordinance," Lynn said. He doesn’t buy the argument that NetFile’s system is adequate just because it’s used by San Jose, Santa Clara, and San Bernardino.

"San Francisco should have a first-class system," Lynn said. "This is another mechanism by which a committee can skirt the law."

Robert Stern at the LA Center for Governmental Studies worries that by signing on with NetFile, San Francisco will lose "the ability to find electronically information on what was changed and to see whether voters had this amended information before an election and what they were learning through amendments afterwards."

Luby also worries that because Ethics’ old database won’t have technical support, it could irreparably break down in the future and that even if it remains functional, "auditors will have to look in two places to see every local contribution Chevron made."

Luby e-mailed his concerns to management Dec. 7, 2007, then provided them with his detailed analysis Jan. 2 — submissions that raised St. Croix’s ire.

"I cannot attest to the accuracy of the information in this report," St. Croix wrote in a Jan. 11 memo to the commission. "I believe that many of its conclusions are inaccurate and many are spurious. Further, the information appears to be based on false assumptions and the language implies dishonest motives that are quite simply non-existent."

But St. Croix’s reply earned a swift rebuke from Luby’s union, Service Employees International Union Local 1021. "We believe the report was written in accord with Mr. Luby’s previously recognized duties," SEIU work-site organizer Cristal Java wrote Jan. 15.

Claiming St. Croix implied that Luby’s report was a "misuse of City resources," Java added, "While Mr. Luby’s act of forwarding his report may not satisfy the technical requirements of filing a complaint, we believe that Mr. Luby’s bringing of a report about work-related problems to your attention was whistleblowing."

Luby said St. Croix "is attempting to discredit his amendment review report because its results reflect that Ethics staff dropped the ball when the new database’s minimum system requirements were provided to NetFile. Mr. St. Croix doesn’t want to own up to the mistake."

Money and politics

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› sarah@sfbg.com

The upcoming election hasn’t generated much voter interest, with only a couple of measures that seem likely to have an impact. But corporate interests in San Francisco and beyond are still spending big money — in ways that are secretive, suspicious, and sometimes contradictory — to influence the election and win the gratitude of elected officials.

Although the final preelection campaign statements were due Oct. 25, the money continues to roll in. And perhaps most ominously, many campaign committees are spending far more than they are taking in, effectively using this accrued debt to hide contributors until after the election.

And almost invariably, the person at the center of such schemes — who facilitates the most creative and unsettling spending by downtown political interests — is notorious campaign finance attorney Jim Sutton, who also serves as Mayor Gavin Newsom’s treasurer (and didn’t return our calls for comment by press time).

Political donations are supposed to be transparent and reflect popular support for some campaign. But once again, this election is showing the disproportionate influence that corporations have on local politics and the difficulties faced in trying to accurately trace that influence.

There are "No on K" billboards all over San Francisco, showing a giant image of a man’s empty pocket alongside the dubious claim that "Proposition K will cut $20 million from Muni." The signs were created and funded by Clear Channel Outdoor.

Prop. K is an advisory measure that the Board of Supervisors placed on the ballot this fall to ask whether voters want to restrict advertising on public spaces like bus stops. But it was aimed at Clear Channel Outdoor’s contract to maintain 1,100 city bus shelters and sell advertising on them, which was approved by the Board of Supervisors on Oct. 23. In exchange, the CCO agreed to pay the Metropolitan Transportation Authority $5 million annually, plus 45 percent of its annual revenues from shelter ad revenues.

Nonetheless, the measure would put city voters on record as opposing the CCO’s basic business model, so the company fought back. The "No on K — Citizens to Protect Muni Services" filing suggests that there is no citizen involvement in the No on K campaign. So far, No on K has only received donations from Clear Channel Outdoor, including $120,000 in cash and $55,750 in in-kind contributions of radio time and ad space.

Maybe Clear Channel really is trying to help Muni get more money, rather than pad its own profits. After all, its parent corporation, Clear Channel International, donated $20,000 to support Muni reform measure Proposition A — authored by Board of Supervisors president Aaron Peskin — on Oct. 15, just days before Clear Channel Outdoor won its big bus transit deal with the city.

Yet following the corporate money even further makes it clear that altruism isn’t what motivates corporate spending. No on K also benefited from independent expenditures by the San Francisco Chamber of Commerce 21st Century Committee, a general-purpose committee created in 1999, which received major funding this year from the Gap ($10,000), Pacific Gas and Electric Co. ($7,500), Bechtel ($5,000), Catholic Healthcare West ($5,000), and Clear Channel Outdoor ($1,000).

The 21st Century Committee also spent $716 for newspaper ads opposing Prop. A, which would net the MTA at least $26 million per year from the city’s General Fund. Sutton — a former chair of the California Republican Party — and his associates effectively control the 21st Century Committee, which is also helping Newsom, his top client, avoid facing the Board of Supervisors in public. The committee has made independent expenditures opposing Proposition E, a charter amendment that would require the mayor to make monthly appearances before the board, something voters approved last year as an advisory measure. According to Newsom spokesperson Nathan Ballard, defeating that measure is the mayor’s top priority this election.

"I think he’s focused on his own race and also Question Time. There’s where he’s spending his resources," Ballard said when asked why Newsom isn’t campaigning or fundraising for the Yes on A and No on H campaigns, even though he supports those positions.

The 21st Century Committee has also made independent expenditures in support of Proposition C (which would require public hearings for measures that the board or the mayor places on the ballot), Proposition H (see "Transit or Traffic," page 18), Proposition I (which would establish an Office of Small Business), and Proposition J (Newsom’s wireless Internet advisory measure).

Each of these ballot measures has a committee dedicated to raising funds, but as of Oct. 25, only the Small Business Campaign (Yes on C) appeared to have no outstanding debts, or accrued funds, as they are called in campaign finance circles. Maybe that’s because the Small Business Campaign got $10,000 from the 21st Century Committee, $5,000 from PG&E, $2,500 from AT&T, $8,500 from the SF Small Business Advocates, and $1,000 from the Building Owners and Manufacturers Association of San Francisco’s political action committee.

Yes on C also got a $7,500 contribution from the Committee on Jobs Government Reform Fund, which has ties to Clear Channel, the MTA, and efforts to influence local transportation policy. Records show that on Nov. 4, 2005 — just before the election — the Committee on Jobs Government Reform Fund reported a $6,900 "loan" for radio airtime and production costs from Clear Channel to help defeat a measure that would have split the MTA appointments between the mayor and the Board of Supervisors.

Fast-forward to Oct. 3 of this year, when the Committee on Jobs, which reported its "loan" as accrued funds for almost two years, reported that this debt has now been forgiven. Which is odd, given that, as of Oct. 25, the Committee on Jobs had a cash balance of $778,000 — and had just received $35,000 from financier and Committee on Jobs board member Warren Hellman, $35,000 from AT&T, and $50,000 from the Charles Schwab Corp.

Equally interesting is the fact that the day after the Oct. 25 preelection filing deadline, the Committee on Jobs gave $25,000 to the Sutton-controlled No on E: Let’s Really Work Together Coalition. Such large late contributions require a notice to Ethics that can often escape notice by the media and voters.

The donation perhaps went to help balance the committee’s books; despite receiving $85,084 in monetary contributions, including $10,000 from attorney Joe Cotchett and society maven Dede Wilsey, No on E spent $110,244 before Oct. 25, leaving it with $26,610 in accrued debt.

No on E isn’t the only Sutton-controlled committee whose spending has outpaced donations received: as of Oct. 25 the Yes on H–No on A pro-parking committee and Newsom’s WiFi for All, Yes on J committee, not to mention the Gavin Newsom for Mayor campaign, were all registering large amounts of accrued debt.

Having these debts isn’t illegal. And it’s not unusual for a campaign to have a pile of unpaid bills at the time of its last preelection finance filing. But as Ethics Commission director John St. Croix told the Guardian, accrued funds "shouldn’t be used to hide who your contributors are. The idea of disclosure is to let voters know ahead of elections who is trying to influence their vote."

St. Croix points to the fact that committees are required to make reports every 24 hours in the 16 days before an election "so you know what they are spending on…. But if committees don’t report campaign contributions and people fundraise after the election, that could be a de facto way to hide who the contributors are."

And while Sutton has been characterized by many, including the Guardian (see "The Political Puppeteer," 2/2/04), as the dark prince of campaign finance, St. Croix says he doesn’t automatically suspect something is wrong just because a campaign has a lot of accrued debt.

"But if people suspect that to be the case and they file a complaint, Ethics investigates," St. Croix said, adding that for him, "really massive accrued funds would be a red flag."

Asked what he meant by massive, St. Croix said, "It depends on the office. You might expect a lot more to accrue in a mayor’s race or large campaigns that tend to do a lot of last-minute spending."

As of Oct. 25, Gavin Newsom for Mayor had received $1.1 million and spent $1.3 million, had a cash balance of $457,994 — and was reporting $97,548 in accrued debt, with $46,500 owed to Storefront Political Media, the company run by Newsom’s campaign manager, Eric Jaye.

Noting that Ethics’ job is "to get people to file on time and chase after those who don’t," St. Croix said that those who don’t file and are making major expenditures right before an election are the ones who will face the biggest fines. "They could face $5,000 per violation, which could be $5,000 for every contribution that was made to finance a smear campaign and wasn’t reported," he said.

The biggest fine the Ethics Commission has ever issued was $100,000 for Sutton’s failure to report until after the 2002 election a late $800,000 contribution from PG&E to help defeat a public power measure.

Compared to other years, the amounts of accrued debt in this election may look small, but former Ethics commissioner Joe Lynn points to a disturbing pattern in which Sutton-controlled committees were insolvent before the election, then raised funds later or, as in the case of the Committee on Jobs, magically saw their debts forgiven.

"If I am a candidate running for mayor, like Gavin Newsom, and I personally rake up $100,000 in debt and have a big financial statement, then that means there’s a creditor willing to advance me those funds," Lynn said. "But if the debt has been raked up by a ballot measure committee, then who is responsible? Why would vendors spend $10,000 for that committee unless they knew that debt was wired from the get-go?"

But the result is the same: voters don’t know who donated to the campaign until after the votes have been cast. A clear historical example of this debt scheme can be seen in the June 2006 No on D Laguna Honda campaign. In its last preelection report, No on D had $59,750 in contributions, $18,664 in expenditures — and $130,224 in debt.

But during the 16 days before the election, No on D suddenly got $110,000 in late contributions from the usual suspects downtown, including $2,500 from Hellman, $15,000 from Turner Construction, $10,000 from Wilsey, $2,000 from the San Francisco Chamber of Commerce, and $2,500 from the Building Owners and Manufacturers Association of San Francisco.

As Lynn explains, campaign finance laws only require disclosure of contributions, not expenditures, made in the 16 days before an election — and only $64,000 worth of the contributions used to pay off No on D’s accrued expenses were disclosed, with $10,000 each from the California Pacific Medical Center and Kaiser Permanente trickling in on or after Election Day.

This year campaign finance watchdogs like Lynn note that the Sutton-controlled Yes on H–No on A committee has been hiding its contributors. In its first preelection report, filed Sept. 22, Yes on H showed $113,750 in contributions, $111,376.18 in expenditures, and $69,806.98 in accrued debt.

A month later it has doubled its contributions, tripled its expenditures — and had increased its accrued debt to $77,509. Lynn predicts that Yes on H’s accrued debt will be paid down by late contributions after the election or forgiven later on.

"The solution to the debt scheme is twofold," Lynn said. "Prosecute people doing the scheme and pass a law prohibiting campaigns from making more expenditures than they have contributions. Technically there is nothing illegal about reporting more debt that you have the cash or contributions to pay, but no businessperson regularly offers services in situations where it isn’t clear that they will be paid."

Since the Oct. 25 filing deadline, late contributions have continued to pour into No on E big-time, for a total of $59,500. That includes $25,000 from the Committee on Jobs, $2,500 from Jonathan Holzman, $6,000 from Elaine Tsakopoulos-Kounalakis, $1,000 from Chris Giouzelis, $1,000 from Nick Kontos, $1,000 from Farrah Makras, $1,000 from Victor Makras, $1,000 from Makras Real Estate, $5,000 from John Pakrais, $1,000 from Mike Silva, $1,000 from Western Apartments, $5,000 from Maurice Kanbar, and $5,000 from the San Francisco Apartment Association PAC.

The Yes on A committee hasn’t used the accrued debt scheme, but it has been the second-largest recipient of late contributions. It received $57,000 in late contributions, with donations from Engeo ($1,000), Singer Associates ($2,500), Trinity Management Services ($10,000), Elysian Hotels and Resorts ($5,000), Luxor Cabs ($1,000), Marriott International ($15,000), the SF Police Officers Association ($2,000), Sprinkler Fitters and Apprentices ($1,500), Barbary Coast Consulting ($2,500), and SEIU International ($3,397.14).

No on H (Neighbors Against Traffic and Pollution) received $4,500 in late contributions, with donations from Norcal Carpenters, Alice and William Russell-Shapiro, and Amandeep Jawa. And in what looks like a classic case of hedging bets, Singer Associates has made a $2,500 late contribution to both Yes on H and No on H.

Steven Mele, who is treasurer for Yes on A and No on H, told the Guardian, "There’s some people that time their contributions, but their names are out there, reported on public sites. A lot of corporate money comes in prior to the last deadline, then some afterwards. If campaigns are running with a lot of accrued debt, then those people must have an idea of what money is going to come in."

Unlike the campaigns controlled by the Sutton Law Firm, Mele’s committees, which work with Stearns Consulting, are not carrying massive loads of unpaid debt. Yes on A had received $302,452 and spent $279,890 and had $17,749 in debt as of Oct. 25. No on H had received $134,458 and spent $124,088 and had no debt as of Oct. 25.
Mele also believes that while campaign finance rules were written to make the money trail more transparent, "They’ve resulted in the public being inundated with so much information that they tend to glaze over."

41st Anniversary Special: Wrecked park

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› news@sfbg.com

The San Francisco Recreation and Park Department has a long history of maintaining parks, community centers, and other recreational offerings. In fact, it controls more land in the city than any other entity, public or private. But after seeing its budget repeatedly slashed during lean fiscal years, the underfunded department has become a prime target for some controversial privatization schemes.

There are ongoing efforts to privatize city golf courses, supported by Mayor Gavin Newsom and Rec and Park general manager Yomi Agunbiade (see “Bilking the Links,” page 22). And there are ongoing fears that the city intends to privatize its popular Camp Mather vacation spot, something the RPD studied a few years ago and Sup. Jake McGoldrick has fought and highlighted.

Rec and Park has identified $37 million in needs at Camp Mather — the product of a private study the agency has been unable to fully explain to the public (see “From Cabin to Castle,” 4/4/07) — but left Camp Mather off a big bond measure planned for February 2008.

“They say $37 million you need up here, and how much you got in there for the ballot measure? Zip, zero,” McGoldrick told the Guardian. “It’s a familiar pattern: you underfund the hell out of something, and then you turn around and say, ‘We, the public sector, cannot handle taking care of this.'<0x2009>”

Rec and Park spokesperson Rose Dennis denies there are plans to privatize Camp Mather or that its omission from the bond measure is telling. “Many people disagreed — including you — with the funding needs and whether we could back it up,” she explained as the reason for its omission from the bond measure.

In his Oct. 1 endorsement interview with the Guardian, Newsom said, “We actually made some commitments just this last week with Sup. McGoldrick to help support his efforts, because he’s very protective of Camp Mather, and I appreciate his leadership on this, to help resource some of the needs up there without privatizing, without moving in accordance with your fears.”

And while Newsom said he hoped to avoiding privatizing Camp Mather, he refused to say he wouldn’t: “I’m not suggesting it’s off the table, because I’m not necessarily sure that the conditions that exist today will be conditions that exist tomorrow, and I will always be open to argument.”

But at least the Camp Mather and golf arguments have been happening mostly in public. That’s what voters intended in 1983 when they passed Proposition J, which requires public hearings, a staff study, and a vote by the Board of Supervisors before city services can be privatized. Yet over the past couple of years, there’s been an effort to quietly shift operations at a half-dozen rec centers away from city programs and toward private nonprofits.

It’s called Rec Connect. Its supporters bill it as an innovative effort to bring much-needed recreation programs to underserved, low-income neighborhoods. “This is a pilot program to see if a collaboration between a community-based organization and a rec center yields a richer program and a more engaged community,” said Margaret Brodkin, director of the Department of Children, Youth and Their Families, which created the program and oversees that and other uses of the city’s Children’s Fund.

But to members of the Service Employees International Union Local 1021 — which includes most city employees and has filed grievances challenging Rec Connect — the program is a sneaky attempt to have underpaid, privately funded workers take over services that should be provided by city employees, who are better paid, unionized, and accountable to the public.

“The city took funds from the city’s coffers and gave them to the Department of Children, Youth and [Their] Families,” Margot Reed, a work-site organizer for the union, told the Guardian. “DCYF is using these funds, through Rec Connect, to contract out to private nonprofits work that rec staff were doing for a quarter of the cost.”

Brodkin was the longtime director of Coleman Advocates for Children and Youth — a perpetual thorn in the side of City Hall and the author of the measure that set aside some property taxes to create the Children’s Fund — before Newsom hired her to head the DCYF. She sees her current role as a continuation of her last one, and she sees Rec Connect as an enhancement of needed services rather than a privatization.

“There is a commitment that no jobs would be lost. I’m a big supporter of the public sector,” Brodkin said, while acknowledging that the RPD is chronically underfunded. “I am certainly aware of the resources issue at Rec and Park…. I’d be a happy camper if the Rec and Park budget was doubled. But I’d still believe in this program and say it offers a richer experience.”

Rec Connect began in 2005 with a study that looked at unmet recreational needs and evaluated facilities that might be good places to bring in community-based organizations to offer specialized classes. The whole program was financed through a mix of public funds and grants from private foundations. The three-year pilot program started just over a year ago.

“The Rec Connects,” Newsom told the Guardian, “are a way of leveraging resources and getting more of our CBOs involved and using these great assets and facilities, instead of limiting use to the way things have been done.”

Rec Connect director Jo Mestelle denied that the initiative is a privatization attempt.

“Rec and Park brings the facilities, the sports, and traditional recreation. The CBOs bring the youth-development perspective and nontraditional programming,” Mestelle said. “Hopefully, together we build a community that includes youth-leadership groups and advisory councils.”

Few would dispute the need for more after-school or other youth programs, particularly in the violence-plagued Western Addition, where some of the Rec Connect centers are. But the means of providing these programs is something new for San Francisco, starting with the fact that even though Mestelle works in the DCYF office, her salary is paid for entirely by private foundations.

That relationship and those funders aren’t posted anywhere or immediately available to the public, but Brodkin agreed to provide them to the Guardian. They include the Hellman Family Philanthropic Foundation ($50,000), the Hearst Foundation ($50,000), the San Francisco Foundation ($128,000), the Haas Foundation ($100,000), and the SH Cowell Foundation ($150,000).

Brodkin and Mestelle characterized those foundations as fairly unimpeachable, and Brodkin defended the arrangement as part of a national trend: “The thing that’s odd about SEIU’s perspective is this is happening all over.”

That’s precisely the point, SEIU’s Robert Haaland says.

“It’s been a strategy since the ’70s to, as [conservative activist] Grover Norquist calls it, ‘starve the beast,'<0x2009>” or defund government programs, Haaland said. “On a national level there is a lot going on that impacts us locally.”

Minutes from a recent Recreation and Park Commission meeting confirm that rec center directors have only about $1,000 each year to cover the cost of buying basketballs, team jerseys, referee whistles, and other basic sports and safety supplies. The SEIU grievance also notes that recreation staff positions have decreased by a third just as senior management positions increased by a third.

“We don’t have enough dollars for $20-an-hour rec center staff who are directly responsible for the kids and are well known to the community. We believe kids deserve great coaches, consistency, longevity, and commitment,” Reed said.

SEIU Local 1021 chapter president Larry McNesby is also the Rec and Park manager who oversees Palega Park, one of the Rec Connect sites. He told the Guardian that while his rec directors are “under pressure from the mayor to show him numbers of people that they are serving,” Rec and Park’s new online registration fails to reflect the “hundreds of drop-ins” that rec staff serve on a daily basis.

But he said the department has been set up to fail by chronic underfunding.

“I’d love Rec Connect and DCYF to be on a level playing field, because my directors could out-recreate theirs any day,” McNesby said. “You can’t just eliminate our jobs and replace them with someone who makes just above minimum wage.”

Actually, Brodkin and Mestelle note that negotiations with SEIU over Rec Connect have resulted in a guarantee that no jobs will be replaced and an agreement by the city as to 250 different tasks that the Rec Connect CBOs can’t perform. Still, they say the program brings innovation to a stagnant city agency.

“Before Rec Connect the rec centers always had a Ping-Pong table and some board games, but some of them were really poor, many were tired looking, none had computers or Internet. So we’ve had to think outside the box. Rec [and] Park is a big department, and it’s not always efficient,” Mestelle said.

Public records show that in 2006, the DCYF, whose primary function is to administer grants, sent $1 million in public money to Rec Connect from the Children’s Trust Fund, a pool of cash the city gathers each year by levying 3¢ per dollar of property tax.

Both Rec Connect and city workers stress the importance of offering a range of good programs to young people. “Our work is at a more social level,” McNesby says. “Every minute a kid spends in a rec center is a minute they’re not breaking into a car or victimizing someone or being victimized.”

The question is who should provide those programs. “It’s society’s value system that controls where the money goes,” Rec and Park spokesperson Dennis said. “It’s a really provocative discussion. There are some very compelling trade-offs argued in convincing fashion by intelligent people on both sides. These aren’t easy decisions.”

But the union people say that when it comes to Rec Connect, that discussion isn’t happening in public forums in a forthright way. As Reed said, “Gavin Newsom never went to the voters and said, ‘Here’s what we want to do: cut the rec staff and bring in private nonprofits.'”

41st Anniversary Special: Bus stop

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› gwschulz@sfbg.com

There’s a money room in the basement of 1 South Van Ness, where the Municipal Transportation Agency, which operates Muni, is headquartered. Workers literally count by hand bags of cash and coins taken in as fares from passengers throughout the day.

When Muni recently needed to pull some of those unionized bean counters away from the money room to staff kiosks around the city where transit passes are sold, its managers hoped to replace them with workers from a private contracting outfit.

The plan unsettled the Service Employees International Union Local 1021, which persuaded Muni against the idea and instead encouraged it to create 10 new full-time city positions to cover the work that was needed. But the MTA’s immediate turn to the private sector is telling.

Powerful local unions would no doubt fight it, but public-transit consultants working with the city have insisted that the outright privatization of San Francisco’s municipal transit system is worth consideration. Advisors to the Transit Effectiveness Project, first unveiled by Mayor Gavin Newsom during a 2006 speech, insist nothing is too controversial for debate.

"There’s nothing we’ve been told to take off the table," a consultant hired by the city told the San Francisco Chronicle late last year.

The Transit Effectiveness Project’s final recommendations are expected next year, when it’s likely Newsom will be starting his second and final term. Big segments of Muni have already been privatized over the years. In fact, Controller’s Office records show the MTA has privatized far more formerly public services over the past two decades than any other city department by far.

In 1983 voters passed Proposition J, authorizing the city to contract out services performed by city workers who’d passed civil service exams to prove their skills as long as the Board of Supervisors passed a resolution certifying a cost savings. The MTA issued $46.5 million worth of private contracts last year covering 689 positions, according to figures maintained by the Controller’s Office.

Muni has used private security guards since 1975, and 400 private workers handle paratransit services, which aid the disabled. Towing, janitorial, meter-collection, and citation-information services have all been privatized. In total, the MTA’s purported cost saving is as much as $20 million per year.

But that’s a sliver of MTA’s $680 million budget, and there are perennial fears of more privatization pushes. This fall’s Muni reform measure, Proposition A, nearly went to the ballot with language that could have allowed millions of dollars in new privatized work at Muni without review from civil service commissioners, but it was removed at the insistence of labor leaders.

San Diego privatized many of its transit services in the ’80s, gradually contracting out services as public employees retired. By last year about half of San Diego’s bus routes were managed by three private contractors, including Violia, an Illinois company that also runs Muni’s paratransit services. Labor leaders say service in San Diego suffered under privatization, and they oppose similar changes here.

"Whenever you contract out a department, whenever you let go of control, then you don’t have control of the product," Cristal Java, an organizer for SEIU Local 1021, told the Guardian.

Prop. A’s language was changed to preserve union jobs if new routes and lines are introduced that may otherwise have been susceptible to privatization, but there are no assurances that city officials won’t eventually point to Muni’s widely bemoaned system deficiencies and claim that further contracting out is necessary.

"We see the same operational problems, and hiring new full-time, permanent people is a way to deal with it instead of contracting out," Java said. "The unions, allies, and MTA got together to make Prop. A something that worked for everyone."

Guards hit streets

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› news@sfbg.com

More than 100 security guards from more than 20 buildings in the Financial District, including the Transamerica Building, participated in a three-day unfair-labor-practices strike before returning to work Sept. 27 as contract talks resumed.

After three months of working without a contract, security guards are seeking higher wages and access to affordable health care to be able to support their families, as well as proper training for the safety of buildings and their occupants.

Service Employees International Union Local 24/7 representatives were mostly pleased with the job action, although the union had to defend three guards who were locked out as the strike ended. Universal Protection Services had planned to permanently replace security officers Robert Ravare, Kevin Coleman, and Jesusa Villena, but the issue has since been resolved, and the three employees returned to work on the morning of Sept. 28.

Abbas Emady, a security guard for Universal, told the Guardian he resents security companies for not providing adequate training for their employees, which devalues the important role guards are likely to play in a disaster. And low wages and poor benefits exacerbate the problem by creating high turnover rates for guards.

"If there’s a terrorist attack or a fire, we’re the first to go," said Bobby Randall, who works for Securitas as a security guard at the 50 Fremont high-rise. Without sufficient training, security guards may have difficulty assisting police and firefighters in an emergency, a point the local police and firefighters unions reinforced with votes of support for the strike.

Security guards risk their lives to protect multibillion-dollar properties, yet they don’t receive the same wages or health coverage as janitors, window washers, parking attendants, or operating engineers who work in the same buildings. In fact, a security guard with two and half years of experience only makes $11.85 an hour, while a janitor with the same experience makes $17.05 an hour, according to the SEIU. A union-run "Justice for Janitors" organizing campaign a few years ago helped that group make progress.

"It’s an unacceptable double standard," SEIU Local 24/7 spokesperson Gina Bowers said.

Armando Yepez, who participated in the strike, told us he works two full-time jobs as a security guard, at a downtown high-rise and at a construction site, in order to pay for housing and other expenses. Yepez commutes between his home in Richmond and his job locations in San Francisco five times a week, leaving him with less than five hours of sleep each night.

Security officers often find themselves paying for medical expenses out of their own pockets because their health insurance does not cover all of their needs and does not provide family benefits.

On Jan. 1 security guards were offered a free but severely limited health plan with Aetna, which has a cap of $4,000 for outpatients. For Sue Trayling, a security guard working for Securitas, all it took was one night in the emergency room and a couple of doctor’s appointments to max out her Aetna plan. Trayling clocks in 421/2 hours a week yet still had to dish out $2,400 in cash to pay for additional medical expenses.

According to Trayling, security guards were offered health care plans with Kaiser Permanente for $26 per month before Jan. 1. Since then, however, premiums have gone up to about $140 per month, and the copayment has doubled from $20 to $40 per visit.

The first strike among private security officers in San Francisco found some official support — the Board of Supervisors passed a resolution Sept. 25 in favor of the security guards. Sup. Tom Ammiano stood before a small crowd of workers clad in purple T-shirts on the steps of City Hall and expressed the city’s support for higher wages, affordable health insurance, and proper training.

Mayor Gavin Newsom also issued a statement saying, "I urge the involved parties to work more diligently towards a fair and reasonable settlement — one that recognizes the economic concerns of the workers while at the same time respect[ing] the employers’ need for operating flexibility within the wide range of facilities in which they provide security services."

Newsom also asked commercial-building owners and managers to involve themselves in the negotiation process with the security companies in order to set new industry standards. The Building Owners and Managers Association did not return our call seeking comment on the strike and related issues.

Who will SEIU endorse for prez?

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Since this is one of the fastest-growing unions in one of the fastest-growing sectors of the workforce — and since it’s president, Andy Stern, is a leader in the rebel group that walked out of the AFL-CIO, this should be a fascinating choice.

Robert Haaland is there, live blogging it.

Problems with Peskin’s Muni plan

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OPINION Last week the Board of Supervisors received a proposed charter amendment that takes a misguided stab at the much-needed reform of the Municipal Transit Agency, which oversees Muni. In undertaking reforms we all agree are needed for the MTA to better serve our city, the supervisors should consider the Hippocratic oath required of doctors: “First, do no harm.”

Our union, Service Employees International Union Local 1021, which represents almost a thousand MTA workers, has enormous respect for the bill’s sponsor, board president Aaron Peskin. We know that Peskin strongly supports workers’ rights and has always stood for openness, transparency, and accountability in government. This initiative, however, undermines everything that he and his board colleagues stand for, and we urge progressives to oppose it.

Most important, the initiative is profoundly undemocratic and would transfer oversight from an elected body to an appointed one. An MTA that no longer had to answer to our elected representatives would be a less accountable and less transparent board.

Downgrading elected oversight into appointive power resting in the hands of one person — the mayor — is not reform but a political power grab. Commissioners would be well aware that they might not be reappointed if they voted too independently of the mayor’s preferences.

The initiative would present additional risks for the abuse of power in local government by allowing MTA to approve its own contracts. This is a dangerous conflict of interest that would create more opportunities for problems, not reform.

The amendment furthermore would undermine workplace protections by increasing the number of nonunion workers from the current 1.5 percent to a whopping 10 percent. Working people would serve at the pleasure of an unelected board and lose their right to collective bargaining. Seven years ago many members of the Board of Supervisors and progressives strongly opposed a nonunion special assistant position in Mayor Willie Brown’s office. The board converted this position to a civil service job because of the perception of patronage and corruption. The current charter amendment exhumes that political cadaver while hiding behind the fig leaf of flexibility — which in this case is a code word for the power to fire people without just cause or due process, or for political expediency.

On one point we agree with this charter amendment: it’s true that the MTA needs more money to serve our residents the way it should, and this amendment would take $26 million from the General Fund and transfer it to the MTA budget. But we do not believe we should be raiding the General Fund without carefully considering the possible impact.

This is a charter amendment and cannot be easily undone. If it turns out to be a disaster, as we believe it will, San Francisco will find itself in a very dire situation without a timely remedy.

SEIU Local 1021 strongly opposes this charter amendment unless it undergoes major revisions. Sup. Jake McGoldrick’s competing initiative, by contrast, offers us a path that is much more democratic, promotes accountability and transparency in government, and protects the rights of working families. We agree that reform is needed, but if passed, Peskin’s initiative will create many more problems than it purports to solve. *

Damita Davis-Howard and Robert Haaland

Damita Davis-Howard is president of SEIU Local 1021; Robert Haaland is San Francisco political coordinator for the union.

 

Out of downtown

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› steve@sfbg.com

It wasn’t going well for Ted Strawser, predictably. The alternative transportation activist faced an uphill battle March 14 trying to convince a San Francisco Chamber of Commerce committee to endorse Healthy Saturdays, a plan to ban cars from part of Golden Gate Park.

Representatives of the park’s museums and Richmond District homeowners had just argued their case against the measure. “Visitors want access to our front door, and we want to give it to them,” Pat Kilduff, communications director for the Fine Arts Museums of San Francisco, indignantly told the group of two dozen business leaders gathered around a large conference table.

Strawser gave it his best shot: he talked about following the lead of other great cities to create car-free spaces; he said, “Golden Gate Park is one of the best parks in the nation, if not the world”; and he made a detailed case for closure. But around the table there were scowls, eye rolls, and other obvious signs that Strawser was being tolerated, not welcomed. Some — including chamber vice president Jim Lazarus — even started to interrupt and argue with him.

Then the man sitting next to Strawser spoke up. “I don’t think this is fair,” he said. And suddenly, everyone in the room shaped up. Strawser’s ally — his only supporter in the room — was somebody no chamber member could or would dismiss. Warren Hellman doesn’t shout or bang the table — but when he speaks, downtown pays attention.

Hellman, a prominent investment banker, told the committee members that he expected them to show the same respect for Strawser that they had for the previous two speakers. The nonsense ended, immediately.

And by the time Strawser turned the floor over to Hellman, the mood had changed. The group listened raptly, smiled, and nodded as Hellman spoke in his usual folksy, familiar, disarming style.

“It’s not a lot of fun when friends fall out,” he began, “because the previous speakers and many of you all agreed on the necessity of the garage [that was built in Golden Gate Park], and we worked together.”

He pointed out that many in the group had promised during the fall 2000 election to support Healthy Saturdays once the garage was built, although Hellman was now the only member of the coalition honoring that commitment. But he didn’t chide or shame his colleagues. That isn’t Hellman’s style.

Instead, he spoke their language. The garage has never been full and needs the money it can charge for parking to repay the bonds. This isn’t a fight that’s going away, since “part of the conflict is because this park is everybody’s park.” But there are “about 100 compromises not acceptable to either side that would move this forward.” And if a solution can’t be found, there will probably be an expensive ballot fight that nobody wants.

“My conclusion is we should attempt this test,” Hellman told the group. Ultimately, when the vote was later taken in secret, the chamber didn’t agree, although it did vote to back a trial closure after the California Academy of Sciences reopens next year.

At the meeting, Hellman openly called for Mayor Gavin Newsom to get involved in seeking a compromise, something Hellman said he had also just requested of the mayor at a one-on-one breakfast meeting. A couple of weeks later Newsom — who had already indicated his intention of vetoing the measure — did broker a compromise that was then approved by the Board of Supervisors.

As usual, Hellman didn’t take credit, content to quietly play a role in making San Francisco a better place.

Healthy Saturdays isn’t the most important issue in local history — but the significance of Hellman’s involvement can’t be underestimated. His alliance with the environmentalists and park advocates might even signal a sea change in San Francisco politics.

Warren Hellman represents San Francisco’s political and economic past. And maybe — as his intriguing actions of recent years suggest — its future.

This guy is a rich (in all senses of the word) and compelling figure who stands alone in this town. And even though his leadership role in downtown political circles has often placed him at odds with the Guardian, Hellman consented to a series of in-depth interviews over the past six months.

“Our family has been here since early in the 19th century, so we had real roots here,” Hellman told us. His great-grandfather founded Wells Fargo and survived an assassination attempt on California Street by a man who yelled, “Mr. Hellman, you’ve ruined my life,” before shooting a pistol and barely missing.

The Hellman family has been solidly ruling class ever since, rich and Republican, producing a long line of investment bankers like Warren.

Yet the 72-year-old comes off as more iconoclast than patrician, at least partly because of the influence of his irreverent parents, particularly his mother, Ruth, who died in 1971 in a scuba-diving accident in Cozumel, Mexico, at the age of 59. “She was entirely nuts,” Hellman said, going on to describe her World War II stint as a military flier in the Women’s Auxiliary Service Pilots and other colorful pursuits. “She just loved people, a little like I do. She collected people.”

Hellman grew up wealthy and cultured, but he also attended public schools, including Grant Grammar School and Lowell High School. In between, the young troublemaker did a stint at San Rafael Military Academy — “reform school for the rich,” as he called it — for stunts such as riding his horse to Sacramento on a whim.

After doing his undergraduate work at UC Berkeley, Hellman got his MBA from Harvard and went on to become, at the age of 26, the youngest partner ever at the prestigious Manhattan investment firm Lehman Bros. He developed into an übercapitalist in his own right and eventually returned home from New York and founded Hellman and Friedman LLC in San Francisco in 1984, establishing himself as the go-to financier for troubled corporations.

“He is really one of the pioneers of private equity,” said Mark Mosher, a longtime downtown political consultant and the executive director of Gov. Arnold Schwarzenegger’s California Commission on Jobs and Economic Growth, on which Hellman sits.

Hellman became what Business Week called “the Warren Buffett of the West Coast,” a man of extraordinary wealth and power. Among other accomplishments, Hellman took Levi Strauss private, recently made billions of dollars in profits selling DoubleClick to Google, and manages the assets of the California public employee retirement funds (CalPERS and CalSTRS), which are among the largest in the world.

Like many financial titans, Hellman has always been a generous philanthropist, giving to the arts, supporting schools in myriad ways, and funding the San Francisco Foundation and the San Francisco Free Clinic (which his children run). He vigorously competes in marathons and endurance equestrian events, often winning in his age bracket. And he has his humanizing passions, such as playing the five-string banjo and creating the popular Hardly Strictly Bluegrass festival.

But he’s also been a prime facilitator of downtown’s political power, which regularly flexes its muscle against progressive causes and still holds sway in the Mayor’s Office and other city hall power centers.

Hellman founded, funds, and is a board member of the Committee on Jobs, which is perhaps the city’s most influential downtown advocacy organization. Hellman and his friends Don Fisher, the founder of the Gap, and Sen. Dianne Feinstein also started SFSOS, which now wages the most vicious attacks on left-of-center candidates and causes.

When the de Young Museum and other cultural institutions were threatening to leave Golden Gate Park, Hellman almost single-handedly had an underground parking garage built for them, in the process destroying 100-year-old pedestrian tunnels and drawing scorn from the left. The Guardian called it “Hellman’s Hole.”

“We at the Bike Coalition very much started out on the opposite side of Warren Hellman,” San Francisco Bicycle Coalition executive director Leah Shahum told us. “We couldn’t have been more like oil and water on the garage issue.”

But over the past two years or so, Hellman’s profile has started to change. He went on to become an essential ally of the SFBC and other environmentalists and alternative transportation advocates who want to kick cars off JFK Drive in Golden Gate Park on weekends, crossing the downtown crowd in the process. He has shared his wealth with progressive groups such as Livable City, which often fights downtown, and has stuck up for edgy fun seekers over more conservative NIMBY types. He has also publicly repudiated the attacks of SFSOS and its spokesperson, Wade Randlett, and withdrawn his support from the group.

Hellman is still a Republican, but a thoughtful and liberal-minded one who opposed the Iraq War and wrote an article for Salon.com in February titled “If the United States Were a Company, Would George Bush Be Our CEO?” (His answer: hell no.) And to top it all off, Hellman sports a few tattoos and even attended 2006’s Burning Man Festival and plans to return this year.

Unguarded and reflective, Hellman’s comments to the Guardian foreshadow the possible future of capitalism and influence in San Francisco and point to potential political pathways that are just now beginning to emerge.

Our first conversation took place at the Guardian office two weeks before the November 2006 election, when it was starting to look like Nancy Pelosi had a good shot at becoming speaker of the House of Representatives.

“I think this election in two weeks is going to be really interesting,” Hellman told us.

This Republican was cheering for the Democrats to win. “They aren’t my kind of Republicans,” he said of the people in power. Hellman didn’t support the war or approve of how the Bush administration sold it, and he wanted Pelosi and the Democrats to hold someone accountable.

“What I’d like her to do is admit that we can’t get out [of Iraq immediately], but start to talk about what the fallout has been. Discuss the enormous cost in human life as well as money, and how it’s possible the war united the Middle East against us,” Hellman said.

The one thing he can’t abide is disingenuousness. Hellman speaks plainly and honestly, and he asked us to keep particularly caustic comments off the record only a few times during almost six hours’ worth of interviews. He was self-effacing about his political knowledge and seemed most interested in working through the problems of the day with people of goodwill.

Asked what he values most in the people he deals with, Hellman said, “It’s authenticity. Do they believe things because they believe in them, or do they believe in things because they’re cynical or they’re just trying to gain something?”

Locally, Hellman has reached out to people with varying worldviews and come to count many friends among those who regularly battle against downtown.

“I love to know people,” he said. “That’s probably the single thing that motivates me. When someone says to me, ‘How can you be friends with [then–head of SEIU Local 790] Josie Mooney?’ I say, ‘Look, I want to know Josie Mooney. And if she’s awful, then we won’t be friends.’ I’m just fascinated by getting to know people. And virtually always, they’re a little like Wagner operas: they’re better than they sound.”

Hellman was the chair of the Committee on Jobs when he got to know Mooney, who chaired the San Francisco Labor Council and was a natural political adversary for the pro-business group, particularly when Hellman was leading the fight to do away with the city’s gross receipts tax, which has proved to be costly for the city and a boon for downtown.

But after that victory, Hellman turned around and cochaired a campaign with Mooney to retool and reinstate the gross receipts tax in a way that he believed was more fair and helped restore the lost revenue to the city.

“We lost, but he put $100,000 of his own money into that campaign,” Mooney told us, noting that the proposed tax would have cost Hellman and Friedman around $70,000 a year. “I think he just thought the city needed the money. It was a substantive point of view, not a political point of view.”

Mooney considers Hellman both a friend and “an extraordinary human being…. He has made a huge contribution to San Franciscans that doesn’t relate to ideological issues. A tremendous thing about Warren is he’s not ideological, even in his political point of view…. On politics, I’d say he is becoming more progressive as he understands the issues that confront ordinary people.”

Mooney is one of the people who have helped bring him that awareness. When they first met, Mooney said, Hellman told her, “You’re the first union boss I ever met.” That might have been an epithet coming from some CEOs, but Hellman had a genuine interest in understanding her perspective and working with her.

“In a sense, I think that was a very good era in terms of cooperation between the Committee on Jobs and other elements of the city,” Hellman said. “Josie and I had already met, and we’d established this kind of logic where 80 percent of what we both want for the city we agree on, and 20 percent [of the time, we agree to disagree].”

Committee on Jobs executive director Nathan Nayman — who called Hellman “one of my favorite people in the world” — told us that Hellman feels more free than many executives to be his own person.

“He’s not with a publicly held company, and he doesn’t have to answer to shareholders,” Nayman said. “He takes a position and lives by his word. You don’t see many people like him in his income bracket.”

Hellman has become a trusted hub for San Franciscans of all political persuasions, Nayman said, “because he’s very genuine. He’s fully transparent in a city that likes to praise itself for transparency. What you see is what you get.”

Hellman expects the same from others, which is why he walked away from SFSOS (and convinced Feinstein to bolt as well) in disgust over Randlett’s scorched-earth style. Among other efforts, SFSOS was responsible for below-the-belt attacks on Sups. Chris Daly, Jake McGoldrick, and Gerardo Sandoval (whom a mailer inaccurately accused of anti-Semitism).

“If all things were equal, I’d just as soon that SFSOS went away,” Hellman said. “SFSOS started doing the opposite of what I thought they would be doing, so it was fairly easy for me to part company with them. What I thought we were doing is trying to figure out ways to make the city better, not just being an antagonistic, nay-saying attack organization. I’m not a huge fan of Gerardo Sandoval, but I thought the attacks on him were beyond anything I could imagine ever being in favor of myself. And it was a series of things like that, and I said I don’t want anything more to do with this.”

Downtown, they’re not always quite sure what to make of Hellman.

“Every once in a while, he does things that irritate people who are ideologically conservative,” Mosher said. “He took an immense amount of heat for supporting the Reiner initiative [which would have taxed the rich to fund universal preschool].”

He’s given countless hours and untold riches to public schools, doing everything from endowing programs to knocking on doors in support of bond measures and often pushing his colleagues to do the same.

“My connection to him has been through the school district, and he’s really been a prince,” Sup. Tom Ammiano said. “He has even stopped calling me antibusiness. He put a lot of his energy into improving public education, and so he shows it can be done.”

Progressives don’t always agree with Hellman, but they feel like they can trust him and even sometimes win him over. “If you get a relationship with him and you’re always honest about the facts and your own interests, he will listen, and that’s pretty remarkable,” Mooney said. “He shows a remarkable openness to people who have good ideas.”

His appreciation for people of all stripes often causes him to reject the conventional wisdom of his downtown allies, who viciously attacked the Green Party members of the Board of Education a few years ago.

“Everybody said, ‘Oh my god, Sarah Lipson, you know, she’s a Green Party member, she’s the furthest left-wing person on the board,’ blah, blah, blah,” he said. “And I phoned her up one day and said, ‘I’d really like to meet you.’ And she’s — leave aside the fact that I think she’s a very good person as a human being, but she’s a very thoughtful, analytic person. Listening to her opinions about things that are happening in the school district, I really respect that. I mean, what do I know about what’s going on in the school district? I know more now than I did then. But just getting to know people, and maybe get them to understand my point of view, which isn’t that penetrating.”

Many of his efforts have received little publicity, as when he saved the Great American Music Hall from closure by investing with Slim’s owner Boz Scaggs and helping him buy the troubled musical venue. “There are things that you and I don’t even have a clue that he has done,” Nayman said.

“He’s an interesting guy,” Mosher said. “He’s one of a dying breed, a liberal Republican. He has a social conscience and wants to use his money to do good.”

Actually, calling Hellman liberal might be going too far. In the end, he’s still very much a fiscal conservative. He doesn’t support rent control, district elections for the Board of Supervisors, taxing businesses to address social problems such as the lack of affordable health care, or limits on condo conversions.

He also opposes the requirement that employers provide health care coverage, which downtown entities are now suing the city to overturn, telling us, “In general, I don’t think it’s a good idea, because I’m still, even in my aging years, a believer that the marketplace works better than other things…. Universal health care I do believe in, but what I worry is that it’s going to be another damned bureaucracy and that it’s not going to work.”

Yet he doesn’t believe wealth is an indicator of worth, saying of his fortune, “It is luck. Most of what you do you aren’t better at than everyone.”

He doesn’t believe in the law of the jungle, in which the poor and weak must be sacrificed in the name of progress. In fact, he feels a strong obligation to the masses.

As he told us, “My mantra for capitalism — and I didn’t invent this, but I think it’s pretty good — is that capitalism won, and now we need to save the world from capitalism.”

Hellman looms large over downtown San Francisco. His Financial District office offers a panoramic view of the Bay Bridge, Treasure Island, the Ferry Building, and the rest of the city’s waterfront. He likes to be personally involved with his city and the companies in which Hellman and Friedman invests.

“Usually I’m directly involved,” he told us in an interview earlier this year. “I’ve always said that I don’t like to go to the racetrack to just look at the horses. The fun of being a principal is that you’re standing at the track and not saying, ‘Gee, that’s a beautiful gray horse.’ You’re saying, ‘Come on, he’s got to win!’ So I’m almost always invariably invested in the companies that we work with, either individually or through the firm.”

Unlike many Wall Street barons who strive to control a company and bring in new executives, flip it for a quick profit, or liquidate it, Hellman said his firm tries to identify solid companies and help facilitate what they do. “We don’t usually take over companies. I always think that we provide a service to help the businesses,” he said. “Our job is kind of the opposite of owning a factory. Our job is to be sure the people who run the business feel like it’s their business.”

Similarly, he thinks capitalists need to feel a sense of ownership over society’s problems, something he thinks is taking root in San Francisco and other economic centers, particularly among the younger generations. “It’s about understanding how much suffering there is on the other side and trying to figure out how that suffering can be alleviated,” he said. “I think it’s partly good economics that as you bring people up, they’re able to do more for society. If nothing else, they’re able to buy more and shop at a Wal-Mart or something — probably someplace you would wildly disapprove of — and buy goods and services. But I don’t think it’s that narrow.”

Rather, he believes that everyone has a little progressive in them, a little desire to cooperatively solve our collective problems rather than pass them off to future generations. He sees a marked change from his days at Lehman Bros.

“Everybody was into making it,” he said, noting that many capitalists then did charity work as a means of attaining social status but focused mostly on the accumulation of wealth. But, he said, the new generation of capitalists seems genuinely interested in improving the world.

“The feeling for giving back in the next generation, in the now 25- to 35-year-olds, it’s just an order-of-magnitude difference than it was for people who are now in their 40s and early 50s,” Hellman said. “I’m very encouraged.”

Yet the flip side is that, in Hellman’s view, downtown doesn’t wield as much power as it once did. Low political contribution limits have made politicians less dependent on downtown money, creating fewer shot callers, while democratizing tools such as the Internet have broadened the political dialogue.

“For the last 30 years we have become an increasingly tolerant city, and that’s great,” he said. “In the old days, [the Guardian] complained about downtown, and yeah, no shit, downtown really did control the city. The benefit was as that slipped away, the city became fairer and more open to argument. So now downtown hardly has any power at all anymore. In a sense, that’s a good thing. Tolerance grew tremendously when the city wasn’t dictated to.”

That tolerance caused street fairs to pop up all over town and festivals such as Hellman’s Hardly Strictly Bluegrass to blossom in Golden Gate Park. Bike lanes have taken space from cars, events such as Halloween in the Castro have gotten crazier, street protests have gotten bigger and more frequent, and people have felt more free to fly their freak flags. And all that freedom eventually triggered a backlash from groups of isolated NIMBYs who complain and often find sympathetic ears at city hall.

“Sometimes you get the feeling in this city that in the land of the tolerant, the intolerant are king,” said Hellman, whose festival has endured noise complaints even though the music is shut off by 7 p.m. “There is a continuing pressure to do away with fun, because fun is objectionable to someone, [but] we need to think about not creating a new dictatorship of a tiny group of people whose views are not in line with the opinion of most of the people of San Francisco…. You should try to balance the good of a lot of people versus the temporary annoyance of a few people.”

Preserving fun and a lively urban culture is a personal issue for Hellman, who plays the five-string banjo and calls his festival “the most enjoyable two days of the year for me.” He helps draw the biggest names in bluegrass music and acts like a kid in a candy shop during the event.

“I feel very strongly that an important part of our culture is built on the type of music and type of performance that goes on at Hardly Strictly Bluegrass,” Hellman said. From parables set to music to songs of struggle and the old union standards, “that kind of music is the conscience of our country.”

He considers bluegrass a vital and historically important form of political communication, more so than many of the upscale art forms that the rich tend to sponsor. “I’m glad that we have first-rate opera, but it’s equally important that we foster the kind of music, lyrics, etc., that support all this,” he said. “Somebody once said that most of the great Western philosophy is buried in the words of country songs. And that’s closer to the truth than most people think. A big passion of mine is to try to help — and people have defined it too narrowly — the kinds of music that I think have a hell of a lot to do with the good parts of our society.”

Perhaps surprisingly for a Republican venture capitalist from the older generation, Hellman also considers the countercultural freaks of San Francisco to be some of the “good parts of our society.” That’s why he attended Burning Man for the first time last year and why, he said, he loved it, as much for the culture and community as for the art.

“I went to Burning Man because as much as possible I want to experience everything,” he said. “I want to just see directly what it’s like. I knew I’d enjoy it. I never doubted that. But what really overwhelmed me is it was 40,000 people getting along with each other. I mean, it’s pretty intense. There were dust storms and the world’s most repulsive sight: nude men over 70 just dangling along. But I never saw an argument. It was 40,000 people just enjoying each other.”

It was most striking to Hellman because of the contrast with the rest of society. As he said, “I’ve never seen this country so divided.”

While Hellman supports Schwarzenegger — calling him “a good advertisement to California” — he has nothing good to say about his fellow Republican in the Oval Office. He calls Bush’s tenure “an absolute four-star disaster.” The invasion of Iraq is the most obvious problem, he said. “Our war policy has slowly veered from being ‘Don’t tread on me’ to we’re going to jump on your neck.”

But his antipathy to certain aspects of the Republican Party began even earlier, when the religious right began to take over.

“I thought we were not that polarized during the Clinton administration. I was somewhat encouraged,” Hellman said. “Maybe there was an undercurrent of strident religious behavior or strident conservatism, but not the conservatism that I think the Republican Party used to stand for, which was fiscal conservatism instead of social conservatism. Somehow, there was this angst in this country on the part of religious people who I guess felt this country was being taken away from them, and they were the kind of stalwart or underpinnings of society. And they took it back.”

But in the wake of that disaster, Hellman thinks, there is an opportunity for reasonable people of goodwill to set the future political course. As Nayman said of Hellman, “He does believe there is a middle way pretty much all the time.”

Politically, that’s why Hellman gravitates toward the moderates of both major parties, such as Schwarzenegger and Newsom. He looks for people who will marry his economic conservatism with a regard for things such as environmentalism and social justice.

“It’s very tough to be a big-city mayor,” Hellman said. “[Newsom is] probably the best mayor we’re entitled to. He’s got this fantastic balancing act.”

Hellman said downtown hasn’t been terribly happy with Newsom for supporting striking hotel workers, getting behind Ammiano’s health insurance mandate, supporting tax measures, and generally letting the Board of Supervisors set the city’s agenda for the past two years.

“Their measure is he has 80-percent-plus popularity, and he ought to spend some of it. Well, they might not agree with what he would spend it on. And he’s been unwilling to spend very much of it. In some parts of the business community there is disappointment with him, but I don’t think that’s right. He didn’t hide what he would be like.”

What Newsom said he would be — a big reason for his popularity — is a mayor for the new San Francisco, a place where the city’s traditional economic conservatism has been tempered by a greater democratization of power and an ascendant progressive movement that expects its issues to be addressed.

“I don’t like people who are intolerant,” Hellman said. “I don’t like people that are telling you something to get some outcome that, if you understood it, you probably wouldn’t want. I like people that are passionate.”

Asked, then, about Sup. Chris Daly, the nemesis of downtown and most definitely a man of strong political passions, he said, “I admire Chris Daly. I disagree with Chris on a lot of things he believes, but there are also probably a lot of things I would agree with Chris on. And I respect him.”

Hellman is the rare downtown power broker who wants to bridge the gap between Newsom — whom he calls a “moderate to conservative establishment person” — and progressives such as Daly, Mooney, and the Bicycle Coalition. The middle ground, he said, is often a very attractive place, as it was with Healthy Saturdays.

“I’m sure you spend time in the park on Sunday, and it’s a hell of a lot nicer in there on Sundays than Saturdays,” Hellman said. But even more important to him, this is about integrity and being true to what Golden Gate Park garage supporters promised back in 2000.

“They were proposing Saturday closing at that time, which I’ve always thought was a good idea,” he said. “And we made a commitment to them, or I thought we made a commitment to them, that let’s not have Saturday closure now, but as soon as the garage was done, we’d experiment with Saturday closure.”

We brought up what Fine Arts Museums board president Dede Wilsey has said of that pledge, that it was under different circumstances and that she never actually promised to support Saturday closure after the garage was completed.

“There’s a letter. She put it in writing,” he said of Wilsey. “She signed a letter on behalf of the museums saying that when the de Young is done, we should experiment with Saturday closings.”

The Bike Coalition’s Shahum said that even when Hellman was an enemy, he was a reasonable guy. But it’s in the past couple of years that she’s really come to appreciate the unique role he plays in San Francisco.

“He showed decency and respect toward us,” she said. “We never saw him as a villain, even though we disagreed completely. Later he really stepped up and has been a leader on Healthy Saturdays. And what I was most impressed with is that he was true to his word.”

Supervisor McGoldrick, who sponsored the measure, echoed the sentiment: “Hellman was certainly a man of his word who acted in a highly principled way.”

So why does Hellman now stand apart from the downtown crowd? Has he parted ways with the economic and cultural power brokers who were once his allies?

No, he said, “I think they parted ways with me.” *

 

Unions intervene in GGRA lawsuit

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By Sarah Phelan
Last week, a judge granted four unions–The S.F. Labor Council, SEIU Local 1021, SEIU United Healthcare Workers West and Unite Here Local 2—an intervention in the suit that Golden Gate Restaurant Association, a non-profit trade association, has brought against the City and County in the matter of the soon-to-be implemented San Francisco Health Care Security Ordinance.
GGRA is arguing that the mandatory aspect of this local ordinance is preempted by federal law.
Specifically, GGRA’s beef is with the part of the ordinance that requires employers with 20 employees or more to spend a minimum amount per hour worked to provide health care benefits. Employers would also have to maintain records of health care benefit spending, record and report such spending and make records available for inspection. These mandatory requirements won’t be implemented until January 2008, but the City and County will start coverage of unemployed (and therefore uninsured) San Francisco residents, as of July 1, 2007.

Hellman on SFSOS and Daly

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By Steven T. Jones
I spoke recently with Warren Hellman, the San Francisco investment banker that Business Week called “the Warren Buffet of the West Coast.” He’s a fascinating guy, someone who has drawn the ire of progressives by founding the downtown groups Committee on Jobs and SFSOS, but who has also joined with progressives to support the Healthy Saturdays closures in Golden Gate Park and other measures.
Among other topics, Hellman talked about SFSOS, which is leading the nasty and deceptive attacks on Sup. Chris Daly, just as it did on supervisors Jake McGoldrick and Gerardo Sandoval a couple years ago using mailers so heinous that both Hellman and Sen. Dianne Feinstein walked away from the group, leaving the Gap’s Don Fisher as its primary funder.
“SFSOS started doing the opposite of what I thought they would be doing, so it was fairly easy for me to part company with them. What I thought we were doing is trying to figure out ways to make the city better, not just being an antagonistic, nay-saying, attack organization. I’m not a huge fan of Gerardo Sandoval, but I thought the attacks on him were beyond anything I could imagine ever being in favor of myself. And it was a series of things like that and I said I don’t want anything more to do with this,” Hellman told the Guardian.
Hellman is still friends with Fisher, even though “there’s stuff that we just disagree on.” He considers Fisher a “very charitable man,” but Hellman has less than charitable things to say about SFSOS frontman Wade Randlett.
“If all things were equal, I’d just as soon that SFSOS went away,” Hellman said.
Hellman likes authentic, passionate people and has friends across the political spectrum, such as SEIU’s Josie Mooney. As for Daly, Hellman said, “I admire Chris Daly. I disagree with Chris on a lot of things he believes, but there are also probably a lot of things I would agree with Chris on. And I respect him.”

The dirt in D6

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› amanda@sfbg.com › sarah@sfbg.com If you live in San Francisco’s District 6, it’s pretty difficult to avoid what some residents are calling a new filth polluting Tenderloin corners and SoMa streets. It’s not overflowing trash bins or urine-stained door frames — it’s the relentless election billeting that uses those images to support Rob Black and oppose Chris Daly for the district’s seat on the Board of Supervisors. “We’re tired of talk. Of loud, whining, condescending, offensive, abusive, lying, showcasing, arrogant talk,” reads a recent poster on a telephone pole. “District 6 is dirty and dangerous. District 6 is still poor. Chris Daly is why. Dump Daly. Back Rob Black.” “I was totally offended by this,” Debra Walker, a progressive activist and resident of the district for 25 years, told the Guardian. “This kind of message intentionally suppresses the vote. People I’ve talked to in the district who aren’t very political are totally turned off by the mailings from Rob Black or made in his benefit.” Some of the mailings, posters, and literature can be directly attributed to independent expenditure (IE) committees recognized by the Ethics Commission and acting legally. Some, however, have more dubious ancestry but apparent links to a campaign attorney with a long history of using millions to control the outcome of elections in San Francisco: Jim Sutton (see “The Political Puppeteer,” 2/4/04). Sutton did not return calls for comment. Most of the anonymous literature directs people to the Web site www.DumpDaly.org. SFSOS’s Wade Randlett told us his group paid for the site and a volunteer set it up. SFSOS and Sutton formed Citizens for Reform Leadership 1–6 — IE committees listed on many of the signs and much of the literature, including the poster quoted above. The committees haven’t filed any IE reports with the Ethics Commission. Walker, along with Maria Guillen, vice president of SEIU Local 790, and another District 6 resident, Jim Meko, submitted a complaint with the Ethics Commission on Sept. 29 with nine pieces of physical evidence supporting their concern that the roof had been blown off the $83,000 spending cap on the campaign, in place because all candidates agreed to public financing. The evidence submitted with the complaint varied and included three different mailers from “Concerned Residents of District 6,” a committee that has yet to exist on paper in the Ethics Commission filing cabinets. The mailers from the “Concerned Residents” are glossy triptychs critical of Daly but not explicitly advocating for another candidate. They do not state the amount the committee paid for them, which is required of any electioneering communication. On Oct. 6 the Ethics Commission released a statement saying the spending cap for District 6 was no longer in effect. John St. Croix, executive director of the commission, has identified at least $90,000 in IEs, including three unreported mailers. “At some point we will attempt to determine who distributed the mailers,” St. Croix said. “But it’s not likely before the election.” The tactic of breaking the law before the election and taking the heat after the ballots are in has been used in the past, and this new example flouts recently passed legislation. These mailings should have been filed with the Ethics Commission, according to an ordinance passed in 2005 in response to similar anonymous hit pieces that came out in the elections of 2003 and 2004 against Supervisors Gerardo Sandoval and Jake McGoldrick. (Sutton defended SFSOS’s main funder, Donald Fisher, in his successful Strategic Lawsuit Against Public Participation against Sandoval over the issue.) “It’s a strategy taken straight from Karl Rove’s playbook,” Meko, a 30-year SoMa resident, told us. Joe Lynn, former Ethics Commission member and staffer, told us “all the committees in San Francisco should turn their backs on contributions from people who are involved in this scheme — at least until they explain their involvement. These are the most sophisticated folks in San Francisco politics. I think a full investigation including possible criminal activity ought to be assigned to a master.” He said District Attorney Kamala Harris used Sutton in her race and therefore may have a conflict of interest. The Rob Black for Supervisor committee claims no connection to the literature that hangs on doorknobs and clogs mailboxes, the push polls calling people, or the postings in the streets and tucked under windshields. “I don’t support the anonymous pieces. If people are doing it on my behalf, I don’t want it,” Black told us. But Daly told us “the IEs appear to be coordinated…. The Black committee is not running a campaign that would be independently competitive. He’s only sent one piece of mail, but he’s had eight sent on his behalf.” Residents suggest it’s even more than that: Walker received three more anti-Daly mailers Oct. 20. Black confirmed that he had only sent one mailing to the district, and he’s “not surprised” that so many IEs have sent out mailings in his support. With the exception of a filing from the Police Officers Association, the only legal IEs reported with the Ethics Commission so far are from the Building Owners and Management Association (BOMA) and Golden Gate Restaurant Association (GGRA). They also trace back to Sutton, Black’s former boss at Nielsen Merksamer, a law firm that represented PG&E in the 2002 campaign against public power, for which the firm was fined $100,000 for failing to report until after the election $800,000 from PG&E, the biggest fine ever levied by Ethics. Sutton left the firm shortly after. Black stayed on until 2004, when he took a position as legislative aide with Michela Alioto-Pier. The most recent poll released by Evans McDonough purports to show Black ahead by six points (with a five-point margin of error). It was commissioned by Barnes, Mosher, Whitehurst, Lauter, and Partners, which has also been employed by Sutton through BOMA and the GGRA for the IEs in the District 6 election. The financial shenanigans have been a rallying point for the Daly campaign. More than 70 volunteers signed in at an Oct. 21 rally and hit the streets: shaking hands, distributing literature, and making phone calls raising support for Daly. Sup. Ross Mirkarimi criticized the soft money’s “ugly, nasty, mean-spirited tactics” to oust Daly. “If they have to resort to these tactics, is that the kind of government we want in San Francisco?” he asked the crowd. “This is the nastiest, most personal and hateful thing I’ve ever been involved with,” Daly said. “It’s very painful.” But, he said, “our people power is better than their money power.” Outside a volunteer shouted into a bullhorn, “Don’t let downtown interests buy your democracy!” SFBG

Speaking it

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By Steven T. Jones
Service Employees International Union president Andy Stern was in San Francisco today to help christen SEIU Local 790’s new digs on Potrero Hill — and to give fiery voice to the prescription for national political reform that he outlines in his new book “A Country That Works: Getting America Back on Track” (all proceeds from which go to SEIU’s political struggles, so go buy one).
He also dropped a bit of a bombshell on the capacity crowd (which included such notables as Mark Leno, Tom Ammiano, Chris Daly, Sophie Maxwell, Dennis Herrera, Phil Ting, and Bob Twomey): 790 head Josie Mooney will be leaving town to work directly for Stern. “I’m so sorry you’re losing her, but it’s a gain for SEIU,” he said to a smattering of gasps. Actually, Mooney tells the Guardian that her departure has been in the works for awhile, but that she plans to stick around for at least a couple more months.
It will be a loss for SF, but to hear Stern outline his vision, Mooney could be a part of something with the potential to rescue the country from self-destruction.