Sunshine

Newsom axes sunshine

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EDITORIAL Shortly before he left on a trip to Israel last week, Mayor Gavin Newsom quietly vetoed a bill that would have greatly expanded public access to the workings of San Francisco government. The supervisors need to override that veto as quickly as possible.

The measure, by Sup. Ross Mirkarimi, seems so simple that it’s hard to imagine why it would be controversial. Mirkarimi wants the city to audiotape or videotape any meeting of any public agency at City Hall, and post that tape on the Web within 72 hours.

That would make it much easier for people following local government actions to see or hear the actual testimony and discussion at board and commission meetings, most of which take place during the day when people with jobs can’t attend. The Board of Supervisors meetings are televised, as are most board committee meetings, but dozens of other agencies meet regularly with few people attending and virtually no press coverage. And there’s no easy way to find out exactly what went on at those meetings.

Posting the recordings on the Web is part of a larger agenda promoted by sunshine advocates who want to see the city use easily available and inexpensive modern technology to promote open government (see Sunshine in the digital age, 3/12/08). Among their proposals: at the very least, post and stream the audio portion of all meetings on the Internet. Most meetings are already recorded anyway, and all the meeting rooms are equipped with recording gear. But those recordings aren’t easy to access. The only way to get a copy of the proceedings is to send $10 for a DVD and $1 for an audiotape to the city, then wait a week for your media to arrive in the mail. How hard could it be to put that material on the Web?

Sunshine activists want to go a lot further. They suggest, for example, that every document and e-mail created by a city employee be sent automatically to a public server where it can be viewed over the Internet. And if there was adequate wi-fi service at City Hall (there isn’t), bloggers could post video of the meetings themselves.

Mirkarimi’s bill didn’t go anywhere near that far. All he asked was that the meetings that take place in rooms equipped for audio or video taping be recorded and that the files be placed on the Web. The total cost was pegged at $131,000 per year, but the city’s cable-TV franchise deal would require Comcast to pay $55,000 for the necessary new equipment. So the final tab would be only $72,000 a year. That’s such a minuscule percentage of the city’s $5 billion budget that it fits into the category of what Mirkarimi calls "decimal dust."

And yet in an April 30 veto message, Newsom said he found the cost too high. "I would urge the Board of Supervisors to hold off on new spending initiatives" until the next budget cycle, he said.

That’s crazy. We recognize that money is tight, but Newsom has pushed all sorts of new programs and initiatives that cost more than $72,000. In fact, he spent almost twice that much ($139,700) gussying up his office back in January.

Four supervisors voted against Mirkarimi’s bill: Carmen Chu, Sean Elsbernd, Jake McGoldrick, and Michela Alioto-Pier, so Mirkarimi appears to have seven votes to override the veto. It will take one more — one more supervisor willing to stand up for open government — to make this program happen. It’s embarrassing to see neighborhood supervisors voting against sunshine. Call the four and demand they vote to override. Chu: 554-7460. Elsbernd: 554-6516. McGoldrick: 554-7410. Alioto-Pier: 554-7752.

Endorsements

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>>Click here for the full-text version of this story

Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

SFIFF: On tour

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› kimberly@sfbg.com

SFIFF His last letter read, "Forget me" and "I’m never coming back." But instead of crying, waiting, hoping he’ll return, or pleading, "Please, Mr. Postman, look and see, if there’s a letter, a letter for me," she decides she will follow him, wherever he may go, because maybe, just maybe, one fine day, they’ll meet once more, and he’ll want the love he threw away before.

What follows is the sublime La France (2007), a holy union of war movie and love story, consecrated in the same chapel of pop that houses tearful penitent Brian Wilson, radiant nun Anna Karina, and verse-scribbling choir boy Jacques Brel — and stage-set with the mist-swathed romanticism of Jean-Baptiste-Camille Corot.

After our heroine and "Dear Jeanne" letter recipient Camille (Sylvie Testud) dons the boyish garb of a wartime Viola to unearth news of her soldier husband, she stumbles on a mysterious military troop slumbering uneasily in the woods. Camille wants to eat like them, march like them, and become one of them, with the sacrificial passion of a lover desperate to wear the garments and walk in the footsteps of her pined-for mate. But in the fall of 1917, all is not-so-quiet far from the Western front as director Serge Bozon’s band of brothers — many played by the actor-auteur’s fellow French film critics — pick up impromptu instruments fashioned from canteens and pots to play the sweetest yet strikingly barbed lovelorn tunes. What better way to meet doom while their country takes some of the heaviest casualties of World War I? What better way to mend a broken heart?

La France is "a war movie but almost in the absence of war and a love movie almost in the absence of love," as Bozon explains via e-mail while attending a Buenos Aires film festival. It turns gracefully on "a quest — just like the war, because we are never in the battlefields. So the war is more a horizon — something outside, always close but almost never reached.

"The unifying impulse is this magnetization, by definition from outside," he continues. "I think here the master of magnetization is Jacques Tourneur, the Henry James of cinema: how to drive la mise en scène by the absence of something at the (double) center of the story."

Balancing the visually sumptuous La France (lensed by the director’s sister Céline) on what he describes as the edge and arrogance of English pop-sike and the narcotic etherealness of California sunshine pop, Bozon has made one of the most unique films in the festival. No joke. He sports only two shortish works — the 84-minute L’Amitie (1998) and the 59-minute Mods (2002) — beneath the belt of his modish slacks: La France is his first feature. It’s also inadvertently launched something of a burgeoning DJ career for the music-obsessed director, who promises to draw from his healthy garage rock and Northern soul singles collection for at least one dance-party during the fest.

SFBG Why did you title the film La France? Does the soldiers’ plight say something about your country in general?

SERGE BOZON To put it in the words of Michel Delahaye, one of my favorite film critics from the ’60s (in Cahiers du Cinéma) who wrote a paper about La France, I’ve tried to tell the story of those men who "got lost in the shadow of victory."

I wanted to deal with desertion, not to tell the story of the deserters who were caught by the French army, not to tell the story of the deserters who managed to reach their goal, but to tell the story of the deserters "in between," because they are the only ones who have left no trace (no trace in France, because they managed to escape France, and no trace in any other country, because they never attained their destination). So it’s like a secret story that only fiction can tell. To sum up, this crucial part of French history can only exist through fiction. That’s why I chose the title.

Just listen to "Going All the Way" by the Squires or "On Tour" by the Chancellors (two garage diamonds found by the mighty Tim Warren of Crypt Records), and you’ll understand the relation of this title to the music. "On Tour" is a song, as you can guess, about the life of a group on tour (the girls, the cities, the trains, boats and planes). But like all the real garage bands, the Chancellors never played even once outside their own city (Potsdam, actually). Now think about the "tour" of my soldiers. You begin by expecting some light pop, but in the end it’s only frustration and anger.

SFBG What do war movies mean to you?

SB It is the only classic American genre that is still alive in France, where a lot of war movies are made each year. The menace of war is unceasing — or even eternal. To be more precise, my movie is more a movie about the menace of war than about the war itself, so I could have done it in a present-day setting. But what I wanted, from a historical point of view, is to deal with the question of desertion, which was huge in France in 1917. I filmed only the menace, and this menace is in our present and desertion is, still, in our present history — "needles and pins," to quote the Ramones covering the Searchers.

SFBG Which war movies have intrigued you or inspired La France specifically?

SB The American and Russian war movies of the ’40s and ’50s. And I must press this point: the movies of [Samuel] Fuller, [John] Ford, [Raoul] Walsh, Tourneur, [Howard] Hawks are not more important for me than the sublime Russian war movies — for example [Ivan] Pyryev’s Tales of the Siberian Land (1947), [Leonid] Lukov’s Two Soldiers (1943), [Yuli] Raizman’s Mashenka (1942), [Alexander] Macheret’s Soldiers of the Swamp (1939).

In all of these movies, contrary to Walsh, Fuller, and company, you have songs in crucial moments and the moods do not have to be hard-boiled all the time. There is a lot of childish tenderness and emotive exuberance among the soldiers, because the relation of men to virility is more naive. You also have beautiful female characters. Mashenka, for example, is a war movie about a woman. You also have a non-American, rural way of filming the landscapes with a romantic touch (in the musical sense, like Berlioz).

For example, A Good Lad from 1943 by Boris Barnet is — in one hour! — a musical with opera singing during the war scenes, a comedy, a love story, and a war movie, and everything is perfectly balanced and free. By the way, Barnet is the best Russian film director ever, far away from the auto-proclaimed Russian geniuses like [Sergei] Eisenstein, [Andrei] Tarkovsky, and [Alexander] Sokurov, whose movies all suffer from a severe grandiloquence and solemnity disease.

In these different aspects, those Russian movies are more like the early ’30s American movies, when the exuberance of the filmmakers was not restricted by the Hays Code, the strict separation of genres, all those narrative and ethical codes. Just think of a typical ’30s masterpiece like Sailor’s Luck (1933) by Walsh. My movie, with some exceptions, is much more Russian than American.

SFBG What do you want those who see La France to come away with?

SB Ninety-six tears.

LA FRANCE May 2, 4:15 p.m., Kabuki; May 4, 3:30 p.m., Kabuki; May 6, 6:45 p.m., Clay


>SFBG goes to SFIFF 51: our deluxe guide

Sunshine on my shoulder

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Products featured: 2006 Solorosa Napa Valley Wine, Church Street Groceteria; Anchor Steam Beer, Anchor Brewing Company; filone di grano duro baguette, Metropolis Baking Company; salami, potato salad, and Greek olive mix, Lucca Delicatessen; brie cheese, Marin French Cheese Co.; crackers and organic strawberries, Rainbow Grocery; bamboo plates and silverware, Cole Hardware; FIFTY24SF Morning Breath pillow, UP Accessories wood tote bag, and custom quilt, Upper Playground

Models (left to right): Lawrence Cuevas, Camille Schindler, Marivel Mendoza, Bethany Wells, and Blaine Merker.

Guardian photo by Pat Mazzera

Emeric Kalman, 1931-2008

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Emeric Kalman, a neighborhood activist well known for his decades-long work of bringing important issues concerning the city’s public services and infrastructure to officials at City Hall, died March 22, on his 77th birthday, after battling cancer for several months.

Trained as a mechanical engineer, Kalman fled communist Romania in 1968 with his wife, Valeria, settled in West Portal, and worked at Bechtel from 1970 to the late 1980s. After retiring, he used his considerable expertise and proficiency with highly technical documents to bring to light waste and inefficiency in numerous city departments.

"Emeric contributed his research, his knowledge from his engineering background, his sense of fiscal prudence and accountability, and his demand for transparency and sunshine to making the city a better place for its citizens," said Joan Girardot, head of the Marina Civic Improvement and Property Owners Association and a former president of the Coalition for San Francisco Neighborhoods.

In 1997, Kalman and fellow watchdog Girardot brought an important story to the Guardian — one that was critical to understanding why the San Francisco Public Utilities Commission (PUC) had failed to make regular repairs to the city’s vast water system, which flows from Yosemite to San Francisco. Kalman and Girardot discovered that by using an accounting trick to create an artificial yearly "surplus," the PUC had been transferring millions of dollars annually since 1979 to the city’s general fund — an amount adding up to half a billion dollars. Instead of going toward the care of the system, the money went to sparing officials the political difficulty of having to raise taxes after the 1978 passage of Proposition 13 drastically reduced municipal coffers. (see "The Water Bond-doggle," 8/27/97).

By that time, Kalman had established himself as a trusted source, having discovered numerous problems with the privatization of Presidio National Park and the San Francisco Zoo earlier in the 1990s. In fact, it was Kalman and Girardot who convinced city officials to force the zoo to at least list all of the facility’s assets before they handed it over to the private zoological society.

Tenacious in his activism, Kalman never walked away from an issue. For example, he joined Girardot and other activists in taking the Recreation and Park Department to task in 1997 when it voted to end all public review of how the zoo spent its annual multimillion-dollar grant from the city. (see "The Secret Zoo," 11/26/97). Since the late 1980s, he dedicated himself, along with Girardot, to the ongoing fight against the city’s neglect of regular repairs to the Marina Yacht Harbor and its overly expensive proposal to overhaul the facility, making it more suitable to the owners of high-end yachts and possible privatization — and likely destroying the use of an important public open space in the process. (see "Bay Watch," 2/28/01)

On March 17, the Board of Supervisors passed a resolution commending Kalman for his "outstanding contributions to the community." Sponsored by District 7 Supervisor Sean Elsbernd, with whom Kalman had worked most recently in an unsuccessful fight against the PUC’s proposal to raise water rates, the resolution recognized both Kalman’s stubbornness as well as his gracious demeanor (it was not unusual for him to kiss the hands of female city clerks). "Emeric’s old world gentility and grace, combined with new world zeal for justice and fairness in government, made him a force to be reckoned with and a real asset to San Francisco," Elsbernd said. "He was, in a word, undaunted."

Kalman is survived by his son, Ronald; his ex-wife, Valeria; his sister, Judith Ertsey; his nephew, Robert; and his two grandnieces, Elianna and Roxanna — all residents of San Francisco. In lieu of flowers, the family asks that donations be made in Kalman’s name to the National Alliance for Mental Illness. A memorial service will be held April 2, 12:45 p.m., at the Hills of Eternity Cemetery Chapel, 1301 El Camino Real, Colma.

Savannah Blackwell is a former Guardian reporter.

serge bozon

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–Why the title “La France”? Is there something about the soldiers’ story or plight that evokes or says something about your country in general?

To put it with the words of Michel Delahaye, one of my favorite film critics from the sixties (in the Cahiers), who wrote a paper about La France, I’ve tried to tell the story of those men who “got lost in the shadow of victory”. They managed to escape, but died during their trip, so disappeared “en voyage”. So I wanted to deal with desertion, but in the following way: not to tell the story of the desertors who were caught by the French army (and put in jail or shoot), not to tell the story of the desertors who managed to reach their goal, no, to tell the story of the desortors “in between”, because they are the only ones who have left no trace (no trace in France, because they managed to escape France, and no trace in any other country, because they never attained their destination). So it’s like a secret story that only fiction can tell. To sum up, this crucial part of French history can only exist through fiction, that’s why I choose the title. Just listen to “Going all the way” by The Squires or “On Tour” by The Cancellors (two garage diamonds found by the mighty Tim Warren of Crypt Records) and you’ll understand the relation of this title (in the sense just given) to the music: “On Tour” is a song (as you could guess) about the life of a group on tour (the girls, the cities, the trains, boats and planes…) but, like all the real garage bands, the Chancellors never played even once outside their own city (Potsdam, actually). Now think about the “tour” of my soldiers… You begin by expecting some light pop uplifting on the air, but in the end it’s only imposture, frustration and anger all over the place. “Anywhere out of the world”, yes, but you won’t even manage to get out of your own town. You will die before. Like my soldiers.

–Why did you want to tell this story – during war? What do war movies mean to you?

Doing a war movie (in France) has nothing to do with doing (in France) a western, a pirate movie, a musical, etc., because this is the only classical american genre which is still alive (in France), where a lot of war movies are been made each year. So there is no manierism here. The menace of war is unceasing, or even eternal. To be more precise, my movie is more a movie about the menace of war than about the war itself, and so I could have done it nowadays, but what I wanted, from a historical point of view, is to deal (in the very special way already explained) with the question of desertion, which was huge in France in 1917. I filmed only the menace, and this menace is only our present, and the desertion is still, in our present history, “neddles and pins”, to quote The Ramones covering The Searchers.

–Which war movies have intrigued or inspired you over time – or for this film specifically?

The american and russian war movies of the fourties and fifties. And I must press this point : the movies of Fuller, Ford, Walsh, Tourneur, Hawks… are not more important for me that the sublime russian war movies, for example “Tales of the Siberian Land” (Pyriev), “Two Soldiers” (Loukov), “Mashenka” (Raizman), “Soldiers of the Swamp” (Matcheret)… In all of these movies, contrary to Walsh, Fuller and company, you have songs in crucial moments and the moods do not have to be hard-boiled all the time : there is a lot of childish tenderness and emotive exuberance amongst the soldiers, because the relation of men to virility is more naive. You also have beautiful female characters : “Mashenka” for example is a war movie about a woman. And you also have a non-american (but rural) way of filming the landscapes with a romantic touch (in the musical sense : as in Berlioz). For exemple, in Pyriev’s masterpiece, there is no such sense of economy as in the classical american way of directing, la “mise en scène” is a little pompous, in fact, but in a non academical way, with a lot of ingenuity. Very pictural also, but also with a lot of ingenuity. And there are a lot of changes of registers (moods), much more than in the american movies. For exemple, “A Good Lad” (from 1943) by Boris Barnet is (in one hour!) a musical (with opera singing during the war scenes), a comedy, a love story, a war movie, and everything is perfectly balanced and free. (By the way, Barnet is the best russian film director ever, far away from the auto-proclaimed russian genius like Eisenstein, Tarkovsky, Sokurov, whose movies all suffer from a severe grandiloquence and solemnity disease. ** And it’s always very interesting to see how Barnet treats some american genres, not only the war movies, but also for example the spy movies in his fabulous “Secret Agent”.) In these different aspects, those russian movies are more like the early thirties american movies, when the exuberance of the filmakers was not restricted by the Hays Code, the strict separation of genres, all those narrative and ethical codes… Just think of a typical thirties masterpiece like Sailor’s Luck by Walsh. My movie, in some of these acceptions (songs, picturality, constant changes of registers, no hard-boiled virility all along, a central feminine character, etc.) is much more russian than american.

–Some of the soldiers are cinema critics? Why did you cast them? Are you making a comment about cinema writing? How do the soldiers – and the real people who play them – strike you?

They are my friends, and I like to work with my friends, because my friends are talented, and that’s why they are my friends.
By the way, I must say that, in all my answers, all the things I said occurred to me after the editing process, when I had to watch my completed movie over and over and so thought about it like a film critic. When Axelle was writing or when I was directing, I just tried to make what I liked, lost in emergency and rushing through the material and financial problems. But the main thing is that the more you love movies, the more you can free yourself of influences. You can not be sincere when you don’t really know what you like. That’s why film critic is the best school.

–Where did the music come from? Is it one song, sung throughout? Also who did the final song over the credits? How and why did you come to choose this music?

The songs in La France are an attempt to synthesise British pop-sike (nervous, acidic, driven, tongue in cheek, and incorporating elements of Victoriana & Nursery Rhyme), and Californian sunshine pop (slow, ethereal, hallucinogenic and featuring multi-layered harmonies), two mid-sixties musical genres. However, it’s a twisted synthesis because the instruments and the recording conditions are unlike the usual recording process required for this kind of music: no bass, no guitar, no drums, no organ… the actors played live, outdoors, like the 1917 “Poilus”, on trench-made acoustic instruments, built with junk (a coal bucket, a pickle tin can): the “charbonnière” guitar, the “cornichophone”, the square violin, the Vosges spinet, etc. The songwriters and arrangers for the songs are Fugu and Benjamin Esdraffo. The first one is coming from a sunshine pop background, the other one from pop-sike, which created this hybrid result. There are four different songs played live by the soldiers in my movie. The first three are original songs, the last one in an adaptation of the song of the end credits, which is a 1969 homemade demo of another unsung sixties genius : Robbie Curtice (the music was composed by Tom Payne, the lyrics by Robbie Curtice).

–You are a big music fan and record collector, I hear. How does music play into your films? What role does it play in your cinema and your life?

I did not write the script of La France, but only the lyrics of the songs. The script-writer is Axelle Ropert. She wrote the scripts of all my movies and even shorts (La France is my third movie being released in France in the theaters). In all the movies we’ve made (because she’s also a director), there is always something related to music. In Mods, garage music was central; in Axelle Ropert’s Etoile Violette, it was folk music; in La France, it is pop; in the Wolberg Family, Axelle Ropert’s next movie (written before the shooting of La France), it’s (northern) soul. It’s always that very same idea: to handle a musical genre by putting it in self-working fiction, like Craig Brewer’s beautiful movie Black Snake Moan succeeded to do for the blues. Self-working fiction means that the action has nothing to do with the current playing (no musicians, no managers, no concerts nor parties) and fiction doesn’t call up for the usual musical imagery (no Lambretta in Mods or patchouli in Etoile Violette or Carnaby Street outfits in La France). How can one find the essence of a musical genre when the story has nothing to do with music? I think it’a an interesting question.

–What is the most valuable record in your collection? Single? Album?

The french EP of The Birds (mod freakbeat).

–What are you listening to now? In Buenos Aires?

Nothing here, in Buenos Aires, because even if I’m here with three boxes of rare 45’s, because I’m Djaying tonight, I can not listen to them, because I don’t travel with my turntable, my speakers, etc.! And I do not have any Ipod, or things like that. But, the day before my flight ot Argentina, I was listening to the last two volumes (just released) of Messthetics, the beautiful UK seventies DIY-punk compilation series of Chuck Warner (the owner of the Hyped to Death label), some obscure fifties rockabilly (compiled by Billy Miller and Miriam Linna from Norton label), and some doo-woop and psychedelic singles I bought in New York two weeks ago.

–What songs or albums are inspiring to you?

Every song I like.

–Do you prefer to act or direct? And why?

I have more immediate pleasure (to quote one of my fave groups, The Eyes) when I act, but I have more eternal pleasure when I direct

–“La France” is very beautiful. What did you hope to achieve with the cinematography and look?

Thank you. The cinematography choices came from my desire to have many night-scenes in La France, like in the best war movie of all time : “Objective Burma” (Walsh). When my sister (the cameraman) and I thought about the lighting process, we wanted to get, without any special effects, a kind of secret oniric touch far away from the usual modernistic natural chiaroscuro. Take for example in “Gerry” (Gus Van Sant) the scene where Casey and Matt speak about the ancient greeks in front of a small campfire. Everything is completely black (you just can not see anything) except the fire and the parts of the two bodies lighted up by the natural light of the fire. In my movie, on the contrary, you can see a lot more things in the night scenes, because no part of the screen is completely dark, never, thanks to the many spotlights we used. So it’s artificial, like in the fifties movies, but this artificiality is buried, is secret, so to speak, because it is used subtly to get a soft image, where the colours are less constrated, the texture of the image almost a little blurred, and the same goes for the relation between the dark parts of the screen and the light ones, etc. All the boundaries are softed, to get this “aquarium feeling” you sometimes have in the best B movies (Tourneur, Ulmer, Dwan…: in “Cat People” for example, the dramatic tension is almost always induced by this subtle “aquarium lightning”). After all, my movie deals with Atlantis, so the lights must be just like “under the sea”, with all these soft shimmering stirrings just like invisible ripples. We used a film never used before for the shooting of a movie, the Kodak 5299, which is usually used as an intermediate film in numerical post-production.

–What do you love – or find relevant – about musicals? Why are there so few? Do you have a weakness or love for Scopitone images/films and music? Do you have a favorite and why? How do you feel about current music videos?

I do not love so much the musicals and it’s the only american genre that I don’t know well. To put it frankly, I have not seen many of them. My movie is not a musical, the soldiers just sing when they have nothing else to do, just like in the classical westerns, war movies, adventures movies, etc. I will be more precise : firstly, to have songs in a war movie (and not a musical movie!) is very classical (or used to be – when the american cinema was still great); secondly, the fact that these songs are not historically accurate is also classical and almost a convention, just like in all the other movies non-musical genres (think about Ricky Nelson singing in Rio Bravo, Marilyn in The River of no Return, Marlene in Rancho Notorious, etc.: are these 19th century songs, are these movies musicals? Not at all); thirdly, singing songs from a female point of view is also common (even the brutal Victor MacLaglen sings like this, if I remember right, in The lost patrol of John Ford, which could have been the title of my movie by the way), and it was a tradition in primitive folk music from the twenties and before (listen to the Alan Lomax or Harry Smith anthologies). So I hope I made clear that I never tried to get any “out of it” originality.

–Your previous short movie was called “Mods” and appeared to touch on that subculture? How do you see that film connecting with “La France”? Were you a mod? What did you like or connect with concerning mods?

Mods was one hour long, I am (dressed like a) a mod, like some of the characters in Mods, but I do not know how Mods connects to La France.

–What do you want those who see “La France” to come away with at the end?

96 tears.

–Do you still write about film? What was the last thing you wrote? And what interests you about or in film criticism?

No, the last thing I wrote was about Paul Vecchiali for a retro of his work in the festival of Belfort.

–How would you describe the state of cinema?

Poor.

Buster’s axed: City’s top earners next?

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Anyway you cut it, the city budget deficit is going to be painful

Sup. Chris Daly failed to save Buster’s Place from the budgetary chopping board today—a quest Sup. Tom Ammiano deemed “a Sophie’s Choice,” since it involved disappropriating funds that had been earmarked for making the Board’s Chambers wheelchair accessible.

“But I applaud Daly for trying to do an Immaculate Conception, a Hail Mary to make it work,” said Ammiano, as he joined Sups. Sean Elsbernd, Sophie Maxwell, Jake McGoldrick, Carmen Chu and Bevan Dufty to defeat Daly’s plan.

But by meeting’s end, the homeless weren’t the only ones feeling the city’s budget pain. Hundreds of highly paid city employees were surely chewing their nails, following Board President Aaron Peskin’s announcement that in light of the city’s $338 million deficit, he is drafting an ordinance to eliminate all base salaries over $150,000.

596 city employees make over $150,000 a year, according to the Controller’s Office.

But while the MTA’s Nathaniel Ford tops the list ($297,999), with the Retirement System’s David Kushner ($289,478) and Administrative Services’ Amy Hart ($264,524) in second and third place, followed by the Airport’s John Martin ($256,565), Controller Ed Harrington ($256,553) and DPH’s Dr Mitch Katz ($256,553), don’t expect them to be laid off any time soon.
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You can try dealing with the deficit with lots of little cuts from the bottom up.

As Peskin told the Guardian, the Board is not allowed to tinker with some positions, because of charter mandates.

“Some people are constitutionally protected, such as department heads,” Peskin said, “and Proposition D arguably protects police personnel who make over $150,000. And others are doctors at San Francisco General Hospital.”

But beyond those restrictions, a lot of folks could be standing in Peskin’s potential firing line.

“All of them, regardless of pay, perform an important function in the government,” Peskin observed, “but rather than do what the Mayor is doing and make 8 percent across-the-board cuts, we’re making sure that the most vulnerable people don’t get hurt.”
“And we don’t need public information officers in every department,” Peskin added, noting that their elimination would save the City about $50 million a year.
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Or try attacking the problem from the top down.

Peskin admitted that the police, fire and nurses MOUs, which Mayor Gavin Newsom negotiated last summer in the run up to his 2007 mayoral reelection, explain a large part of the City’s 2007-2008 budgetary woes.

“We are all to blame for that. The Board signed off on them, I’m not going to pretend we didn’t,” Peskin said, observing that this month’s axing of Buster’s Place and the Workers Compensation Clinic are “just the tip of the iceberg.”

“Come the Mayor’s budget, we’ll be crying over much larger things,” Peskin explained. “That’s why we need to take some radical steps now to lessen the impact.”

Monique Zmuda of the Controllers Office told the Guardian that the City will need to determine if the functions performed by folks who make over $150,000 are “mandated”. From the remaining sublist, Peskin will have to decide, “if he is truly intending to delete those jobs,” said Zmuda, noting that many of the remaining positions are lawyers, and that “it’s not Peskin’s intention to stop city departments from being able to do business.”

Pointing to the 8 percent cut that the mayor asked of departmental baseline budgets last November, and the additional 8 percent personnel cut that Newsom just announced, Zmuda said, “Peskin’s request means the Boad has additional options to consider, that it’s not just reacting to the Mayor’s proposal. If we have a $338 million gap, it’s better if the options add up to more than that, so that the Board can pick and choose and decide what is the highest priority to save and to cut.”

Or as Sup. Jake McGoldrick told the Guardian” I think Peskin is trying to invigorate a dynamic dialogue and debate.”

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And then, of course, there’s the Chinese toy axe.

In other Board-related news, the Olympic Torch debate continues to burn.
As protesters chanted ‘Mayor Newsom reject China’s bloody torch” outside City Hall, Sup.Tom Ammiano introduced a resolution urging the Mayor, the Mayor’s Office of Criminal Justice and the San Francisco Police Department to comply with the City’s Sunshine ordinance and immediately release the route of the April 9 torch run, along with other documents that the American Civil Liberties Union of Northern California requested on March 13.

And Board President Aaron Peskin sent Supervisor Chris Daly’s resolution, which proposes to accept the Olympic Torch with “alarm” in light of China’s Tibetan crackdown, to the Rules Committee this Thursday.

White made right

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Although "white" carries generally favorable connotations in our race-haunted society, the spell breaks at the gates of the wine kingdom. When Californians mention wines they like, the wines are almost always red ones — and more often than not, cabernets sauvignons. White wines? What are those?

To an extent, this bias can be explained by the great and unexpected success of (red) California wines at the famous Paris blind tasting of 1976, in which French judges ended up preferring the New World wines. But the vestigial glow of this triumph doesn’t explain why so many young people I know, many of them recently converted from beer to wine, already equate "wine" with red wine. Are red wines inherently superior?

Part of the issue could have to do with the fact that white wines are by nature more naked and skeletal than their red cousins. Their flaws tend to show, and they don’t have rich color or fruit-bomb radiance to distract us from noticing them. Another and more pertinent factor is the lackluster quality of so much California white wine. Many of the best whites still come from difficult little swatches of Europe (rainy Galicia, stony Sardinia, chilly Burgundy, the chalky Loire Valley), while our homegrown grapes, having lived the high life in rich soil and warm sunshine, too often produce wines that are flabby and flubbery (in the case of chardonnay) or aggressively grassy (in the case of sauvignon blanc).

Of course, I overgeneralize — but with intent. There are good white wines of California provenance to be found, and it’s fun to try to find them. You might have met despair while locked in the bathroom at a party, spitting up yet another overcooked chardonnay, but you will be all the more grateful when you take your first silvery sip of Navarro’s dry riesling, or Dry Creek’s utterly Loire-like chenin blanc — or if you are bound and determined to find a good California chardonnay, the unoaked chardonnay from Clos LaChance. The winery is slightly off the beaten path, in the foothills south of San Jose, and the wine is nearly Burgundian in its well-managed acidity (like a sharp knife with a sumptuous handle), crisp apple-y character, and wondrous lack of buttery bloat. If you’ve gagged on your last slug ever of party chardonnay, a gentle tipple of this stuff should settle you down nicely.

Paul Reidinger

› paulr@sfbg.com

Falling flat

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It was clear early on that the Slow Beer Festival, presented March 1 by Slow Food San Francisco and the San Francisco Brewers Guild, was more of an excuse to get drunk in a convention hall on a Saturday afternoon than to explore how beer could be sustainable. Twelve NorCal microbreweries lined the green-hued cement walls of the County Fair Building — Marin Brewing, Speakeasy, Anderson Valley, Red Seal, and so on. An administrator at the front desk, though, couldn’t tell me what the difference was between a Slow Beer and your everyday microbrew (though she did say it was "a good question"). The man at the nationally distributed Gordon Biersch stand said bluntly, "Yeah, we’re a corporation."

Normally I’d say, "Fill up my glass and pass me another Gambone-mushroom-and-cheese skewer [drizzled in salsa verde]!" Here, though, I began to actually wonder how beer could be incorporated in the Slow Food ideology. As the manifesto says, "May suitable doses of guaranteed sensual pleasure and slow, long-lasting enjoyment preserve us from the contagion of the multitude who mistake frenzy for efficiency."

The Slow Foodists seek not just to change the food we consume but to change how we consume it as well. So isn’t a sterile room for beer tasting just stripping beer down to its flavor, and not about the way we experience it? At the festival, on one side of the gate there was a crowded room with a slender outdoor food garden and (by my estimate) 200 gallons of beer; on the other side, a park blanketed in sunshine. The latter setting might be better for bringing out the true sensual pleasures of beer. Next year, why not save money on the room deposit and hold the event in Michael Pollan’s backyard?

Freedom of Information: Virtual meeting

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› news@sfbg.com

Forget smoke-filled rooms and paper shredders — today’s government officials can elude public scrutiny from the comfort of their own e-mail accounts, conducting virtual meetings to do the public’s business.

To curb such activity, provisions in both the Brown Act (the state law governing open meetings) and the San Francisco Sunshine Ordinance have been interpreted as prohibiting the use of electronic communication between members of policy bodies. But not everyone has been heeding the rules, particularly in this hyperconnected age.

The TechConnect Task Force, a now disbanded advisory body charged by Mayor Gavin Newsom with creating a plan to bridge the city’s digital divide with free wireless Internet service, frequently used an e-mail listserv to conduct its business.

"Since these things were publicly posted right away, I should think there would be a transparency that advocates would like," said Emy Tseng, a member of the task force. "It was useful in the way e-mails and listservs are useful to anyone."

However, many contend the task force was engaging in activities prohibited under the city’s Sunshine Ordinance, even if the intent was to provide greater public access to the group’s work. Tseng, who claims to have never been informed by the City Attorney’s Office that the group might have been in violation of Sunshine laws, expressed the frustrations of many throughout the city who must comply with open-meeting policies.

"If you don’t use e-mail in this day and age, what can you do?" she asked. The answer, according to state and local laws, is to conduct public business in a public meeting, with the agenda posted in advance and where anyone can attend.

State and city public-disclosure laws apply to all "policy bodies," which can include nearly every government-sanctioned board, commission, or task force. Some members of these bodies have been suspected of vioutf8g open-meeting and public-disclosure laws through the use of online communication.

Seriatim meetings are presumably the most common illegal activity occurring under both open-information laws, although they are the hardest to detect. A seriatim meeting occurs when one member of a policy body privately contacts another, who then contacts another, in a chain of communication that eventually constitutes a quorum of the group.

An e-mail that is forwarded along to enough individuals, or a round of mass e-mails, would constitute a seriatim meeting, according to attorneys who spoke with the Guardian. While e-mail forwarding is a common practice for any office worker, some are just an unassuming click away from breaking the law.

"I would absolutely make it clear that anybody subject to the Brown Act or Sunshine [should] not communicate through e-mail," said Thomas Burke, a San Francisco-based attorney who specializes in media and Internet law and has represented the Guardian. "This could go on for years because people are not in the loop."

The Brown Act, passed in 1953 by the California Legislature, expressly bans a legislative body from using "technological devices" in order to communicate about topics relevant to the work of that body.

"The Brown Act itself forbids the majority of ‘technological devices’ — which is essentially anything you could imagine," said Terry Francke, director of Californians Aware, who also drafted amendments to the act in the early ’90s. Under the Brown Act, a committee member can be slapped with a misdemeanor for the intent to withhold information from the public or conduct prohibited meetings.

Many of the same issues are also addressed in the San Francisco Sunshine Ordinance, filling in more restrictions and open information requirements. Ironically, the TechConnect Task Force was charged with creating universal access to online discussions like theirs, although few legal experts think even that would nullify the requirement for open, public meetings in a physical – rather than virtual – setting.

According to a report released by the San Francisco TechConnect Task Force, 32 percent of Americans do not have access to the Internet. In San Francisco, certain populations are even worse off compared to national averages — for instance, women and the elderly.

"You have to consider if people are going to have equal access to meetings," Burke told the Guardian. "There is still a digital divide. As a public entity they have to be sensitive to this."

Recently, members of the city’s Peak Oil Task Force inquired with the City Attorney’s office about using Yahoo! Groups or a blog to increase efficiency on the all volunteer committee. Attorneys advised the group to stay away from Internet communication, as it can easily lead to prohibited seriatim meetings. Jeanne Rosenmeier, who is the chairperson of the task force, now spends more committee time trying to determine alternative ways to engage the public.

"It is certainly something that should be rewritten, to deal with modern technology so it corresponds with today’s reality," Rosenmeier told the Guardian. "If we have a public e-mail listserv that anyone can sign on to, that seems transparent; or if we have a blog, that’s pretty transparent."

In other cities that do not have sunshine ordinances, teleconferencing may be used legally under the Brown Act to conduct meetings. In Los Angeles, for instance, some boards and commissions teleconference when members would need to drive a few hours just to meet. There is some speculation that the language of the Brown Act could be augmented under this provision to allow for online communication, but there are no major groups pursuing the amendment.

In 2001, former California Attorney General Bill Lockyer wrote an opinion declaring the use of e-mail between policy-body members as an infraction of the Brown Act, even if the e-mails were made publicly available. "Members of the public who do not have Internet access would be unable to monitor the deliberations as they occur," the opinion states. "All debate concerning an agenda item could well be over before members of the public could [participate]."

According to the Sunshine Ordinance Task Force, there have been no complaints filed concerning prohibited online meetings, however there have been public information disclosures of private e-mail messages over the years. Recently, a group of deputy city attorneys were required to turn over an e-mail correspondence when a member of the public filed a complaint.

While Peter Scheer, director of the California First Amendment Coalition, understands the frustration of government officials who must abide by the cumbersome laws, he thinks the tradeoff is well worth it.

"The whole rest of society uses the power of e-mail and the only business that can’t use it is government, because they’re subject to the Brown Act," Scheer told the Guardian. "But we made the tradeoff already in efficiency versus accountability, to force all meetings and information to be open to the press and public."

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Freedom of Information: Sunshine in the digital age

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Public records used to be dusty old documents, stuck in dog-eared files or bound in aging folders. They were held in back rooms or the basements of city halls, available during government hours — and often, only by written request.

These days, a lot of that information is stored on hard drives and servers. That can make it harder to access and easier to hide — or it can give the public vast new access. That’s what this year’s Freedom of Information issue — our 22nd — is all about.

On one front, the advocates of secrecy are pushing hard to keep electronic data under strict controls. The state Legislature is considering a bill that would prohibit the release of electronic data embedded in a public record. The county of Santa Clara tried to set a $100,000 price on access to a public database.

But on the other hand, sunshine advocates are pushing for ways to use the same technology to make government more open. We’ve been in the forefront of sunshine battles for more than two decades; this is just the next step. (Tim Redmond)

>>2007 James Madison Award winners
Society of Professional Journalists Northern California announces First Amendment award winners

>>A citizen’s guide to fighting secret government
Local and national organizations that offer a wide range of resources for journalists, citizen activists, and hell-raisers

>>More sunshine — easily and at no cost
Technology can allow the city to take a huge step forward in public access — right now
By Kimo Crossman

>>Battleship metadata
Legislation on mapping software would create an expensive new category of public records
By Sarah Phelan

>>Virtual meeting
Open government laws prohibit online official discussions, but they’ve happened anyway
By Bryan Cohen

>>The leaks go on
A federal court judge says prior Wikileaks ruling was unconstitutional
By Megan Ma

>>Sunshine experiment in Palo Alto
Posting e-mails from council members on the city’s Web site
By Emma Lierley

Freedom of Information: More sunshine — easily and at no cost

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› news@sfbg.com

Imagine sitting at home — or in your office, or in your favorite café — and listening in on what are now secret, backroom policy discussions and decisions in the San Francisco mayor’s office. Imagine having access to an immediate transcript of the talks. Imagine being able to read internal e-mail discussions among city staffers about issues that affect you — without ever filing a public records request. In fact, imagine never having to file another written request for public documents; imagine just going to a city Web site, entering a search term, and finding all of the records yourself.

Imagine filing a complaint with a city agency and tracking the issue, minute by minute, as it works its way through the system.

Imagine listening on your cell phone to any policy body as it meets in city hall.

All of this is possible, today. Much of it is not only consistent with but actually required by local law. And it won’t cost the city more than a modest amount of money.

Transparency is a common buzzword during this presidential campaign; the Barack Obama campaign has even issued a white paper describing policy and technological ways to embrace it. He’s talking about live Internet feeds of meetings about significant issues involving executive branch appointees as well as for those of regulatory departments (a program that would go far beyond what you see on C-SPAN).

So there’s no reason San Francisco can’t take the lead in using technology — generally simple, off the shelf, existing technology — to dramatically increase sunshine at City Hall and public participation in local government.

Proposition G, the city’s 1999 sunshine law, mandates that San Francisco use "all technological and economical means to ensure efficient, convenient and low cost access to public information on the Internet." Here are five easy ways to do that:

1. Fully adopt the voyeur concept for city meetings. This is the idea that the public should be able to observe and engage in government decision making — all government decision making.

All policy meetings in City Hall should at the very least be broadcast as audio on the Web and available via phone teleconference. In other words, the meetings should be streamed online, and that stream should be accessible by calling a free conference line. This is already standard practice in the business world and is working well for many investors in public companies that disclose financial information in compliance with Securities and Exchange Commission rules. It can be done for little or no cost with services like blogtalkradio.com, skype.com, freeconferencecalls.com, and webex.com.

Today only a limited number of public meetings are broadcast, mostly because the only outlet is SFG-TV and resources are limited. But audio streaming is a no-brainer — there’s no need for a staffer to control cameras, the microphones are already set up, and these days just about every room has a speakerphone.

Currently, the SFG-TV video coverage isn’t posted on the city’s Web site, sfgov.org, until two or three days after a meeting. That’s too long; the audio should be made immediately available online. And the Internet URL and dial-in options should be listed on the meeting agenda so that news media and citizen bloggers can instantly refer back to the URL with timecodes to point out specifics, and include them in their stories and blog postings.

With streaming, you can follow along in real time when you are stuck at home taking care of a sick relative, or at the office listening with headphones, or you are disabled and can’t cross town to attend in person.

The city already has a great contract for real time captioning — the text you see at the bottom of the screen for video. It’s not 100 percent accurate, but it’s pretty decent. That could be expanded to cover streaming audio, and the text could be computer translated (or translated by bilingual typists) into other common languages. The advantage of media integrated with RTC is that specialized search engines like blikx.com and everyzing.com can be used to find relevant phrases and begin playback directly at that spot. And transcriptions can be posted online in real time (somewhat like live blogging!) so that if you are late for a meeting you can quickly scan what has already transpired, and by the end of the meeting you will effectively have a draft of minutes. That saves a lot of staff time and provides an immeasurably more useful historic record.

Today, video recordings of city meetings can’t be downloaded — the only way to review it or post a clip to YouTube is to order a $10 DVD, which arrives a week after you send a check (and no, they don’t take PayPal). And while many other city meetings make audio recordings, you have to pay $1 for an audio tape and pick it up during business hours or pay more for postage. They all should be available as free podcasts.

The SFG-TV video shows more than just the speakers and officials; there are other angles, and they ought to be available too. It’s important to know who attended the meeting but never said anything, who greeted whom, and even who ignored whom.

2. Let the public do the broadcasting. All City Hall meeting rooms should provide wi-fi (and electrical outlets), and the system ought to have enough speed to allow bloggers or activists to upload high-quality video broadcasts of meetings that SFG-TV can’t afford to cover. It can be done using existing services like Justin.tv, Upstream.tv, and live.yahoo.com. This would also allow live blogging — and let people preparing to testify on an issue have access to the Web to do research on the spot. If the room had a projector and a screen, people who were unable to attend the meeting could still comment, either through video or just by posting text messages that the decision makers could read.

The audio broadcasting of meetings should be expanded to include all meetings between the mayor (or supervisors) and city staff. The law already requires public access to so-called passive meetings — those between the mayor or department heads and outside parties that influence city policy.

3. Make public most city emails and other documents as soon as they are produced.

San Francisco city employees produce thousands of records a day — e-mails, memos, reports, etc. — and the vast majority of them are and should be public record. But many are deleted and others never see the light of day. When a member of the public asks for all the records on a topic, just finding those documents can be a sizable task.

But it’s technologically simply to solve that problem: every time a city employee produces a document, the computer system should automatically send a back-up copy to a public web server. That way nothing would get lost or erased, and anyone looking for public information could simply go to that site and search for it him or herself.

For e-mails sent by city staff, one way might be to CC (carbon copy) an online message board (for example Google or Yahoo groups, which would be available at no cost to the city). Other approaches for instant messages, text messages and voicemails could be adopted as well. The Palo Alto City Council is already doing something like this for a narrow collection of e-mails (although not in real time).

We all know there are some city communications that must remain private or be redacted — for example Attorney Client discussions or human-resource conversations regarding personnel. But there are simply ways to make sure those stay confidential: one approach might simply have the user tick a flag or answer a Yes/No Possible Redaction popup when the message is sent. Certain employees — like the people who handle sensitive employee health records and certain litigators in the city attorney’s office — could have software that defaults to a confidential server.

The added advantage, of course, is that the computers could also make a record of the title and date of every confidential document — and that information could be made public. If a dispute arose over whether the city was improperly withholding records, the public would at least know that certain documents existed.

All city files could be stored on network drives (not on local drives) with one location for default public files that would not allow overwriting or deletions and would be mirrored to a Web server and another drive for the few that may require redaction first.

4. Save all the old records. After a very embarrassing lawsuit that is threatening the Missouri governor’s job, that state in January adopted an email retention system that preserves all email for at least seven years (based on federal requirements for financial records). And e-mail/instant message/text/fax retention systems are standard practice now in the financial industry (Morgan Stanley lost a $1.45 billion judgment because the company failed to preserve e-mail).

In fact, we all know storage continues to get cheaper and smaller — so San Francisco should abolish any retention timeframes for electronic records and keep them all into the foreseeable future. The world-famous Internet Archive is right here in the Presidio: I suspect that group would love to archive all the city information, and keep it online, free and forever.

When paper documents are part of the public record, they should be scanned and converted to text and posted within two days. This would include discussions between staff and individual members of policy bodies and the creation of the draft agenda and supporting materials as they are obtained.

All these methods would significantly reduce the number of public records requests to the city staff and thus save the city money.

5. Make calendars public — and keep communications public. Mayor Gavin Newsom won’t provide detailed daily calendars — even after the fact, when there is no possible security reason for keeping his workday itinerary secret. All top officials should post their calendars on the web so the public can track what they are doing.

The city needs to adopt a global policy that city business should be performed on city devices (computers, email accounts, phones) whenever possible — and when city employees or officials use their own computers or hand-held communications tools, those should be forwarded immediately to the city system and made public.

San Francisco has one of the best local Sunshine laws in the country — and at a time when activists at every level are looking for ways to use technology to expand public access, the city should be in the forefront. All it takes is some political will.

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Here are some more ways that the city could use technology to improve public access:

1. Use a program like govtrack.us to follow legislative changes.

2. Explore ways to bring nonprofits that perform traditional government services under sunshine laws.

3. Significantly improve the city’s Crimestats system (more real-time allow alerts for crimes near you) – google mashup et al. See http://chicago.everyblock.com/crime/

4. Embrace e-rulemaking technology – similar to federal rulemaking use technology to get ideas online and generate more participation for those who can’t show up in a meeting.

5. Require the Police Department to issue press credentials to bloggers.

6. Fund a few open-government lawsuits to expand the boundaries on access to public records (the law provides for attorney’s fees if the suit is successful).

7. Require city agencies to post the method for obtaining public records online. Require posting of all negative determinations on home pages.

8. At budget time, mandate that each agency provide statistics as determined by SOTF on sunshine responsiveness.

9. Require an assessment of sunshine compliance as a mandatory item for all Financial/Management audits.

10. Televise SOTF and Ethics Commission formal hearings.

11. Require active Ethics investigative files to be open.

12. Embrace fully the much-improved but incomplete example of posting online all interactions as part of large contract negotiations – as was partially done with TechConnect.

13. Host accounts payable/receivables online with the scanned images of invoices paid.

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Freedom of Information: Sunshine experiment in Palo Alto

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The Palo Alto City Council is conducting a unique experiment in its efforts to comply with the Ralph M. Brown Act, which requires government bodies to conduct business in a public way.

Palo Alto now posts e-mails from council members on the city’s Web site (www.cityofpaloalto.org/council), providing easy access to all with Internet capabilities. The e-mails were first posted online following a 2003 settlement of a Brown Act lawsuit against the city of Palo Alto by two local newspapers — Palo Alto Weekly and The San Jose Mercury News.

Eight private e-mails were in question, disclosing the votes of a closed city council session, and while the city never admitted guilt in vioutf8g the Brown Act, language in the settlement established the practice of posting council e-mails on the Web site and making them available in council agenda packets prior to meetings.

Peter Scheer, executive director of the California First Amendment Coalition, questions the merits of the system.

"Some people would look at this and think it is a giant and serial violation of the Brown Act — but I wouldn’t necessarily say that," Scheer told the Guardian, noting that the prohibition on serial meetings bans such an approach. But he said that this is an interesting experiment, as long as council members don’t deliberate by e-mail. But assistant city manager Emily Harrison told us the messages avoid Brown Act violations by sticking to basic questions about agenda items, which the public can scrutinize.

The city of San Francisco has no such system in place, and e-mails to and from the Board of Supervisors is available only through direct request. Frank Darby, the city’s Sunshine Ordinance Task Force administrator, said that the city had never looked into putting one in place.

"We are not required to post e-mails [under the Sunshine Ordinance]," Darby said. However, he added, the city "constantly monitors" itself to ensure that it is in accordance with the Sunshine law. "There may be some people who disagree and feel that maybe we should put every e-mail online — but currently the Sunshine Ordinance does not require that e-mails be made available online."

Freedom of Information: A citizen’s guide to fighting secret government

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San Francisco has the best local sunshine law in the country — and there are still problems getting access to information. Even though the digital age in which we live affords government agencies with myriad ways to give citizens more access to public documents, there is too often little official will to create transparency. And often, bureaucrats are downright hostile to public scrutiny. But help is out there. This guide to local and national organizations offers a wide range of resources for journalists, citizen activists, and hell-raisers who want to track their tax money and hold their government accountable.

LOCAL ORGANIZATIONS


The California First Amendment Coalition is an independent, nonpartisan, nonprofit organization whose mission is to "promote and defend the people’s right to know" by improving compliance with state and federal access laws. CFAC’s Web site contains an archive of articles dealing with FOI issues, the texts of state FOI laws, and other useful resources. 534 Fourth St., Suite B, San Raphael, CA 94901. (415) 460-5060, cfac@cfac.org, www.cfac.org.

The California Newspaper Publishers Association is the umbrella organization to which most newspapers in the state belong, so it has an acute interest in open government. Its FOI Watch newsletter (also available online) includes a clearinghouse of sunshine news from around the state. 708 Tenth St., Sacramento, CA 95814. (916) 288-6015, tom@cnpa.com (general counsel Thomas Newton), www.cnpa.com.

Californians Aware, run by former CFAC general counsel Terry Francke, helps activists and organizations get access to public meetings and records and offers resources on the Web for citizens, public officials, journalists, and attorneys. 2218 Homewood Way, Carmichael, CA 95608. (916) 487-7000, info@calaware.org, www.calaware.org.

The Center for Investigative Reporting sponsors workshops on investigative techniques for journalists and university students. The center’s Web-based magazine provides FOI information, tips for journalists, and updates on past CIR investigations. 2927 Newbury St., Suite A, Berkeley, CA 94703. (510) 809-3160, center@cironline.org, www.muckraker.org.

The DataCenter provides on-call research, consultation, and referrals to justice organizations regarding FOI issues. It also offers research and action training. Services are free or on a sliding scale, depending on one’s ability to pay. 1904 Franklin St., Suite 900, Oakland, CA 94612. (510) 835-4692, ext. 376, www.datacenter.org.

The Electronic Frontier Foundation, an online First Amendment organization, works to uphold digital free speech, empower the online public, and protect privacy on the Internet. It provides stories and alerts on its Web site, with daily updates. Effector, an e-mail newsletter, is available through the site. 454 Shotwell St., S.F., CA 94110. (415) 436-9333, information@eff.org, www.eff.org.

The First Amendment Project is a public interest law firm that provides legal representation, educational programs, and low-cost or free advice for journalists, public interest organizations, and individual citizens with public records and FOI-related issues. In a joint publication effort with the Society of Professional Journalists, the project offers three free pocket guides, on the Brown Act, California’s Open Meeting Law, and accessing court records. The Web page has information on using the California Public Records Act as well as on getting court records. 1736 Franklin St., 9th floor, Oakland, CA 94612. (510) 208-7744, fap@thefirstamendment.org, www.thefirstamendment.org.

Media Alliance is a nonprofit media center that offers classes on journalism skills, including how to find and use public records. 1904 Franklin St., Suite 500 Oakland, CA 94612. (510) 832-9000, information@media-alliance.org, www.media-alliance.org.

The Society of Professional Journalists, Northern California Chapter, FOI Committee fights for open access to information and educates members of the public on FOI issues. The group provides a subscription e-mail list for journalists and others involved in FOI and First Amendment issues in California as well as putting on the James Madison FOI Awards. 222 Sutter St, 6th Floor, San Francisco, CA 94108 (415) 321-1700, www.spj.org/norcal.

NATIONAL ORGANIZATIONS


The Brechner Center for Freedom of Information conducts research and educates the public in mass-media law and the First Amendment, including public access to government meetings and records and litigation information. University of Florida, College of Journalism and Communications, 3208 Weimer Hall, P.O. Box 118400, Gainesville, FL 32611-8400. (352) 392-2273, www.jou.ufl.edu/brechner.

The Center for National Security Studies works with concerned citizens and groups to expose secret government policies and offers free assistance to those seeking records under the Freedom of Information Act. It also coordinates related litigation. 1120 19th St. NW, 8th floor, Washington, D.C. 20036. (202) 721-5650, cnss@cnss.org, www.cnss.org.

The FOIA Blog, created by an FOIA Washington attorney, has an updated list of documents currently being released by several government agencies infoprivacylaw@yahoo.com, www.thefoiablog.typepad.com.

The Freedom of Information Center of the University of Missouri School of Journalism has a collection of more than one million articles and documents about access to information at the local, state, and federal levels. The center works to ensure compliance with sunshine laws around the country. Its Web site contains links, updates, and tips on FOI inquiries. A free e-mail newsletter provides information on developments in FOI access and issues; you can sign up by contacting umcjourfoi@missouri.edu. University of Missouri, 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, daviscn@missouri.edu, www.missouri.edu/~foiwww.

GovernmentDocs allows people to browse and search thousands of pages acquired through the FOIA and sunshine laws. Registered users can review and comment on documents. www.governmentdocs.org

GovTrack provides information on the U.S. Congress. It compiles information on federal legislation, voting records, and other congressional date and simplifies the language for ordinary citizens. It also indexes all bills, as well as changes to them, in Congress and all roll call votes www.govtrack.us.

Investigative Reporters and Editors provides educational services for investigative reporters and editors. The group’s Web site offers FOI-related resource guides, a database of FOI stories, tips for using the Freedom of Information Act, and a database of previous FOI requests. University of Missouri School of Journalism, 138 Neff Annex, Columbia, MO 65211. (573) 882-2042, www.ire.org

The National Freedom of Information Coalition is composed of First Amendment organizations dealing with FOI issues. It provides resources for the media, government officials, lawyers, and citizens who want access to public information. The coalition also offers seminars and workshops to media professionals, attorneys, academics, students, and the public on FOI issues and helps nurture start-up FOI groups and Internet sites. Its Web site offers links to relevant legislation and organizations state by state, as well as an Internet mailing list, FOI-L. 133 Neff Annex, Columbia, MO 65211. (573) 882-5736, cdavis@nfoic.org, www.nfoic.org.

OMB Watch is a member of the Public Access Working Group, a coalition of organizations promoting greater access to government information. OMB Watch offers an online newsletter, OMB Watcher, available on its Web site or by e-mail, which typically includes articles on FOI issues. To subscribe to the weekly e-mail version, e-mail join-ombwatcher@lyris.ombwatch.org. 1742 Connecticut NW, Washington, D.C. 20009. (202) 234-8494, www.ombwatch.org.

The Project on Government Secrecy is an advocacy and public education project of the Federation of American Scientists. The project has an extensive archive and provides regular news updates through its Web site and e-mail newsletter, Secrecy News. 1725 DeSales Street NW, 6th floor, Washington, D.C. 20036. (202) 454-4691, www.fas.org/sgp/index.htm.

Project Vote Smart provides information on local, state, and national candidates, including voting records, issue positions, campaign contributions, phone numbers, and mailing addresses. The database is accessible by calling the toll-free hotline at 1-888-VOTE-SMART. 1 Common Ground, Phillipsburg, MT 59858. (406) 859-8683 comments@vote-smart.org, www.vote-smart.org.

The Radio-Television News Directors Association is the world’s largest professional organization devoted to electronic journalism. It lobbies for cameras in courtrooms and strong FOI laws and provides coverage of FOI issues on its Web site. 1600 K St. NW, Suite 700, Washington, D.C. 20006. (202) 659-6510, www.rtnda.org.

The Reporters Committee for Freedom of the Press operates the 24-hour FOI Service Center at 1-800-336-4243 to answer emergency questions from journalists and others with open-records problems. 1101 Wilson Blvd., Suite 1101, Arlington, VA 22209. (703) 807-2100, rcfp@rcfp.org, www.rcfp.org.

The Society of Professional Journalists advocates for open access to information and educates members of the public on FOI issues. The society’s Web site has an FOI section with extensive links to resources and information, including a list of FOI advocacy organizations. 3909 N. Meridian St., Indianapolis, IN 46208. (317) 927-8000, questions@spj.org, www.spj.org.

State Sunshine and Open Records shares information, guidance and advice on developments and news about open records at the state and local level. They also have an extensive list of links to other sunshine blogs. www.openrecords.wordpress.com.

The Student Press Law Center works with the Reporters Committee for Freedom of the Press to cover FOI and other First Amendment issues reutf8g to high school and college journalists. It offers free advice, lawyer referrals, and analysis. 1101 Wilson Blvd., Suite 1100, Arlington, VA 22209. (703) 807-1904, admin@splc.org, www.splc.org.

The Sunlight Foundation develops a database to ensure transparency in government and fiscal accountability. They digitize new info and provide access to existing information. 1818 N Street NW, Suite 410, Washington, D.C. 20036, (202) 742-1520. www.sunlightfoundation.com.

WikiFOIA helps people understand the FOI Act on a state and federal level by providing a how-to-guide about open records requests, as well information on how to make that request. www.wikifoia.pbwiki.com.

INTERNATIONAL ORGANIZATIONS AND RESOURCES


The Guardian Web site has extensive information and links concerning international press-freedom issues. For details on journalists under fire, including frontline dispatches and reports from the battle to keep the world safe for journalists, go to www.sfbg.com/journalists/. For updates, dispatches, and links to national and international FOI groups, go to www.sfbg.com/FOI.

The UK FOI Blog provides a glimpse into how FOI issues are dealt with across the pond by listing news and developments on FOI in Great Britain. www.foia.blogspot.com.

Local government resources

The Government Information Center, on the fifth floor of the San Francisco Public Library’s Main Branch, stocks public documents published by the city. These include annual reports for committees and departments, minutes and agendas of official meetings, environmental impact reports, and city audits, ordinances, and resolutions. San Francisco Public Library, 100 Larkin St., S.F., CA 94102. (415) 557-4500, www.sfpl.org.

The Oakland Public Ethics Commission responds to complaints and holds hearings on possible violations of the city’s Sunshine Ordinance. Records, tapes of the commission’s meetings, agendas, and minutes can be picked up at the commission’s office. 1 Frank Ogawa Plaza, 4th floor, Oakland, CA 94612. (510) 238-3593, ethicscommission@oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

The Office of Information and Privacy, U.S. Department of Justice, provides online versions of frequently requested records, opinions, policy statements, and guides to the Freedom of Information Act. The guides include detailed instructions for filing FOIA requests, average response times for different governmental offices, and a wealth of other useful information. The text of the FOIA is available on the office’s Web site. 1425 New York Ave., Suite 11050, Washington, D.C. 20530. (202) 514-3642, www.usdoj.gov/oip/oip.html.

Public Access to Court Electronic Records is an online database of court records and decisions. Web access is 8¢ a page, and requires registration through the Web at www.pacer.psc.uscourts.gov. P.O. Box 780549, San Antonio, TX 78278. 1-800-676-6856, pacer@psc.uscourts.gov.

The San Francisco Ethics Commission monitors and enforces the Sunshine Ordinance and the city’s governmental-ethics, campaign-finance, and lobbyist-reporting laws. Individuals can file complaints regarding violations of the Sunshine Ordinance. The commission meets the second Monday of each month at 5:30 p.m. in City Hall, Room 408. 25 Van Ness, Suite 220, S.F., CA 94102. (415) 252-3100, ethics.commission@sfgov.org, www.sfgov.org/site/ethics_index.asp.

The San Francisco Law Library is open to the public, though only government officials, state bar members, and judges can check out items. Main reference library: Mon.-Fri., 8:30 a.m.-5 p.m., Veterans War Memorial Building, 401 Van Ness, Room 400, S.F. (415) 554-6821. Courthouse reference room: Mon.-Fri., 8:30 a.m.-4:30 p.m., 400 McAllister, Room 512, S.F. (415) 551-3647. Financial District branch: Mon.-Thurs., 9 a.m.-9 p.m.; Fri.-Sat., 9 a.m.-5 p.m.; Sun., noon-4 p.m., 685 Market St., Suite 420, S.F. (415) 882-9310, www.ci.sf.ca.us/site/sfll_index.asp.

The Sunshine Ordinance Task Force oversees compliance with San Francisco’s sunshine law by investigating complaints from individuals who believe city officials have withheld records or conducted meetings in violation of the law. The task force meets the fourth Tuesday of each month at 4 p.m. City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244 (meetings held in Room 408), S.F. For complaint forms and other information call (415) 554-7724 or go to http://www.sfgov.org/site/sunshine_index.asp

PUBLICATIONS


The California First Amendment Coalition publishes the California Journalist’s Legal Notebook, a handy guide to the legal issues surrounding telephone interviews, press passes, gags on sources, and other journalism-related topics ($36.25, $30.88 for CFAC members, shipping included). Also by CFAC is The New Brown Act: How the Open Meeting Law Has Been Revised ($12.75, $7.39 for CFAC members, shipping included). (415) 460-5060.

The Oakland Public Ethics Commission publishes a free brochure, How to Notice a Public Meeting under the Oakland Sunshine Ordinance and the Brown Act, useful for making sure a public meeting follows the requirements of the Brown Act. (510) 238-3593, (510) 238-6620, ethicscommission@Oaklandnet.com, www.oaklandnet.com/government/public_ethics/webpage.html.

Access to Courts and Court Records in California, Open Meeting Laws in California, and The California Public Records Act are free, convenient, quick-reference guides published by the Society of Professional Journalists, Northern California Chapter, and the First Amendment Project. (510) 208-7744, www.thefirstamendment.org/freepress.html.

The ACLU Freedom of Information Project publishes Using the Freedom of Information Act: A Step-by-Step Guide (#4002, $3) and Your Right to Government Information (#1190, $5.95), which covers a broader range of topics, including how to get into public meetings. Both publications can be ordered online through the ACLU’s e-store or by phone. ACLU Publications, P.O. Box 4713, Trenton, NJ 08650-4713. 1-800-775-2258, www.aclu.org.

The Government Printing Office publishes The Freedom of Information Act Guide and Privacy Act Overview ($63), a 986-page guide to the FOIA produced by the Justice Department. It can be ordered by phone at 1-866-512-1800 or online at bookstore.gpo.gov. The Citizen’s Guide is available in its entirety online at www.fas.org/sgp/foia/citizen.html.

The Freedom of Information Clearinghouse Guidebook is a free brochure about making FOIA requests and appealing agency decisions. It’s available online through the Freedom of Information Clearinghouse. www.citizen.org/litigation/free_info/index.cfm.

Paper Trails: A Guide to Public Records in California ($12.89), written by Stephen Levine and Barbara Newcombe, is published by the Center for Investigative Reporting and supported by the California Newspaper Publishers Association. It can be ordered from the CIR. An abridged, online version is coming soon. 2927 Newbury St., Suite A, Berkeley,, CA 94703. (510) 809-3160, www.centerforinvestigativereporting.org/

The fourth edition of the Investigative Reporters’ Handbook ($61, $51 for Investigative Reporters and Editors members), by Steve Weinberg, Brant Houston, and Len Bruzzese, is a comprehensive and accessible guide for novice and experienced journalists that shows how to locate and use more than 500 sources of public information. (573) 882-3364, www.ire.org/store/books.

The Reporters Committee for Freedom of the Press supplies a wealth of publications on public access and other First Amendment topics. How to Use the Federal FOI Act ($5) is a handbook on FOI rights, with instructions for appealing if your request is denied, and includes sample letters. The First Amendment Handbook ($7.50) is a journalist’s pocket guide to FOI issues. Two guides — Judicial Records: A Guide to Access ($3) and Access to Electronic Records ($5) — analyze state laws and decisions regarding access to legal records and government electronic data. Tapping Officials’ Secrets is a set of guides to state public records and open-meeting laws ($10 a state). The News Media and the Law is a quarterly magazine that includes updates on legislation pertinent to FOI ($30 a year for four issues). Some of these publications are available in their entirety online; all can be ordered online. 1-800-336-4243, www.rcfp.org.

The second edition of Law of the Student Press ($18) is a vital handbook for student newspapers. It’s extensively annotated but avoids legalese and tries to bring the law to life for students and educators. The Student Press Law Center also publishes Covering Campus Crime, Third Edition ($2) and the Student Press Law Center Report ($15 for three issues a year). (703) 807-1904, www.splc.org.

Citizen Muckraking: How to Investigate and Right Wrongs in Your Community ($9) offers advice on writing press releases, conducting interviews, and using the FOIA. The book, a collaborative effort by the Center for Public Integrity, is available through Common Courage Press. 1-800-497-3207, www.commoncouragepress.com

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Sunshine in the digital age

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EDITORIAL The California Public Records Act needs an update. So does the state’s Brown Act, which mandates open meetings of government bodies, and the San Francisco Sunshine Ordinance. These are the landmark laws that keep government from operating in secret — but all were written long before the explosion of information technology profoundly changed the way city, state, and local agencies compile, sort, process, present, and preserve information.

And now, with agencies at every level trying to use information technology to hide data from the public and courts struggling with laws that didn’t anticipate the modern era, open-government advocates need to be working on every level to protect and expand access.

As we point out in this issue, technology can be used to spy, to hide, and to obfuscate — but it can also be used to make the operations and processes of the public sector far more open and accessible. Properly used, today’s information technology can vastly improve the way governments work — and it’s neither difficult nor expensive to make that happen.

The state Legislature, the San Francisco Board of Supervisors, and the Sunshine Task Force should be looking at ways to make sure that computers don’t increase secrecy — and to take advantage of the opportunities modern technology offers.

The Brown Act, passed in 1954, forbids public agencies from meeting in secret, except in very limited circumstances. The San Francisco Sunshine Ordinance goes further. The laws have been interpreted to mean that the members of a board or commission can’t use e-mail to discuss pending business; that would amount to a closed-door meeting. That same interpretation ought to apply to members participating in discussions on, say, a Yahoo! news group. Deliberations on a policy matter would be taking place outside of public view.

But what if the public was invited? What if a virtual discussion took place before or between traditional meetings — and any member of the public could log in from anywhere (work, home, the public library, terminals in City Hall) and watch? What if people — who are now allowed only a minute or two to comment in public meetings — were able to post longer, more detailed comments that policymakers would see during online discussions? What if the entire record of that meeting were instantly available on the Web, in a searchable form?

Would that be an increase in public access? What about the large number of people who still don’t have computers or Web access — would they be left out?

That’s just one of the questions sunshine advocates are talking about. Legislators need to be addressing the issues, too.

As Kimo Crossman reports on page 14, increasing public access doesn’t have to be difficult or expensive — in fact, there are ways to save the city money. One obvious idea: almost every document that’s produced by a city employee, including e-mail, is already considered a public record. Why not simply program the computers to make an instant copy of everything and post it to a public Web site? That way someone looking for memos from, say, the Public Utilities Commission addressing solar energy could simply search that site with those key words and come up with all of the records quickly.

That would save time for journalists and citizen watchdogs who now have to request those records from the agency — and it would save money for the city. If the documents were all searchable for anyone, there would be no need to spend time and money responding to public-records requests.

It wouldn’t be hard at all to add a "possibly confidential" key to records, preventing documents that really should remain secret from going into the public file. And the computers could automatically generate a list of the documents being withheld, so the public could find out what records are remaining out of view.

Over time, old paper records could be scanned and put on the site, too. And with electronic storage so cheap these days, there’s no reason why all public records can’t be preserved in an accessible form and location.

The County of Santa Clara a few years back began putting together a valuable data trove that included all of the county’s real estate and property ownership records. That allowed for the creation of a geographic information system that could be used to track property sales, taxes, crime rates, building permit applications, and much more. A wonderful public service — except that the county didn’t offer it to the public. The data was for sale, for more than $100,000 a license.

It took a lawsuit by the California First Amendment Coalition to force the county to back off and make the data public. But that’s just an example of a trend that’s cropping up all over the country: governments are developing ways to make more use of information — and then are trying to copyright it, sell it, and make money.

The problem with that, as attorney Rachel Matteo-Boehm, who handled the CFAC case, points out, is that it segregates access to information by wealth. The rich get the tools of technology to understand and use public data; the poor don’t.

It’s a dangerous trend and the Legislature should address it right away. Information created by public agencies using public data should be public — no excuses, no exceptions. And if the software that makes it easy to process that information is created by the public sector (or under contract to the public sector) the public needs free access to it.

The Legislature also needs to shoot down a series of attempts by the secrecy lobbyists to cut off access to new types of data. A bill now before the Assembly, AB 1978 by Assemblymember Jose Solorio (D-Anaheim), would exempt certain types of information from the Public Records Act. The bill appears to be aimed at overturning the Santa Clara decision but could also address an issue that has come up in San Francisco: that of so-called metadata in public documents.

Metadata is embedded information that may be in a file that doesn’t appear when the file is printed out. The City Attorney’s Office has been arguing that metadata isn’t public. That’s nonsense — it’s part of a public document, created at public expense by public employees. The Legislature needs to reject this bill — and instead pass a law that would specifically require agencies to release any internal data that’s created as part of a public record.

The San Francisco Sunshine Task Force is in the process of updating and improving the city’s landmark law, and it should seek to incorporate some of the suggestions above.

The Task Force also needs to be sure that the amendments to the law give that oversight body the teeth it needs to enforce public-access requirements. Far too often, city officials simply ignore task force findings, and, as Sarah Phelan reports on page 17, the Ethics Commission and the district attorney rarely follow up with sanctions.

For starters, the task force should have the right to subpoena documents and witnesses (without first asking the supervisors for approval — a cumbersome process). The panel should have its own full-time legal counsel. It should also have increased enforcement power: while giving the task force the right to levy fines and sanctions is politically tricky, a provision that allows the task force to order the release of documents — backed up with the full support of the City Attorney’s Office — ought to be part of the final package.

Editor’s Notes by Tim Redmond

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› tredmond@sfbg.com

Mayor Gavin Newsom is all hot and bothered about the report by the Board of Supervisors budget analyst saying Newsom has taken $1 million that is supposed to pay for homeless services and Muni and used it to pay his own staff. The mayor says it’s all just a personal attack on him by the supervisors. He also says other mayors have done the same thing. According to the San Francisco Chronicle, Phil Ginsberg, the mayor’s chief of staff, called the report "bullshit." (Actually, the Chronicle, in its infinite decorum, used the term "bull-," to avoid offending the tender values of its readers.)

OK, look: there are politics going on here. The supervisors and the mayor aren’t getting along, the mayor has unleashed a rather savage attack on board president Aaron Peskin, Peskin is going after some of the mayor’s commissioners, and maybe Sup. Jake McGoldrick, who asked for the report, had some sort of political motivation. Or perhaps McGoldrick, who doesn’t tend to like this sort of bullshit, just got mad that the mayor was doing something funky with the taxpayers’ money.

Whatever. Nobody is denying the factual accuracy of the report. And if Newsom wants to make an issue of it, he ought to get beyond the politics and the accusations and just tell us:

Does he really think this is a good way to spend city funds?

Should the Human Services Agency, which is responsible for the most needy and broke people in town, be spending $95,000 per year to pay for a mayoral press aide? Does that money really help the homeless? Is there a good argument that having a media flack in Newsom’s shop defending the mayor’s homeless policies helps save lives, provide housing, or get substance abusers into recovery?

Fine, Mr. Mayor: perhaps you can elucidate it.

Was Stuart Sunshine, until recently Newsom’s chief transportation aide, really worth $203,000 per year? Did paying him that salary out of Muni’s budget help improve bus service? I dunno, maybe it did. But I haven’t heard Newsom tell me how.

Is it fair — and is it a good idea — at a time when every city department is being asked to cut back, when crucial city programs are being reduced or eliminated, when it’s going to be an ugly year for the public sector in general and San Francisco in particular, for the mayor to be filling his staff jobs on someone else’s dime?

That’s the real issue here: if Newsom thinks his high-paid staffers in his newly renovated office are doing such a bang-up job that two underfunded city agencies ought to be writing their paychecks, then the public is welcome to listen to his pitch. But there is nothing political or personal about asking the questions; that’s exactly what the supervisors ought to be doing.

Newsom is the chief executive of San Francisco. He sets the policies; he hires the senior staff. He can be upset with the legislators who are the checks and balances of his power, and he can disagree with the conclusions of a report that the board’s budget analyst has produced. But to call it bullshit when he knows it’s true (and when he knows from his own experience that Harvey Rose, the budget analyst, is widely respected for his fairness) … well, that just sounds defensive. Bad place to be, Mr. Mayor.

Political football season

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› sarah@sfbg.com

With Mayor Gavin Newsom predicting a big budget deficit and seven Board of Supervisors seats up for grabs, everyone knew 2008 would be acrimonious.

But few suspected the war between Newsom and the supervisors would get so nasty so soon, even before the lunar Year of the Rat had officially dawned. The most telling development was the swift and nasty retaliation board president Aaron Peskin endured after he requested that Newsom return the $750,000 the mayor siphoned from the San Francisco Municipal Transportation Agency to pay the salaries of seven mayoral aides.

At the Jan. 29 Board of Supervisors meeting, Peskin publicly called for "an end to the budget shell game that has resulted in monies being shifted from Muni and other city departments to fund political employees who do not work for or directly improve services for the departments paying for their positions." Newsom’s predecessor, Willie Brown, was the master of such budget games, but Peskin said, "There are those who defend this shell game by saying it is a long-standing practice here at City Hall. That may be true. But it doesn’t make it right."

Peskin’s demands came at a horribly awkward moment for Newsom: two months earlier the newly reelected mayor announced an immediate hiring freeze and across-the-board cuts to city departments, citing a projected $229 million budget deficit in fiscal year 2008–09. His administration blamed this looming deficit in part on the creation of 700 new city positions, including 100 new police officers and 200 public health nurses, plus pay raises for nurses, firefighters, and police officers.

Also blamed were a projected windfall loss of property transfer taxes and a bunch of voter-approved spending requirements, including the November 2007 voter-approved and Peskin-authored Proposition A, which transfers $26 million more annually from the city’s General Fund to the MTA.

Newsom press secretary Nathan Ballard defended the use of MTA funds to pay mayoral staff salaries, claiming that all but one of the positions have a direct relationship to the work of the MTA, including the new director of climate change initiatives, Wade Crowfoot. "I know it’s not pretty, but it is an efficient way of getting city business done. We are following the letter and the spirit of the law," Ballard reportedly told the San Francisco Chronicle.

But within a week the mayor’s point person on transportation, Stuart Sunshine, announced he’ll be leaving City Hall in February, while the Mayor’s Office scrambled to explain why Brian Purchia, who developed Newsom’s reelection campaign Web site last year and who last month started working in Newsom’s press office for $85,000 per year, was hired as an MTA employee.

"The MTA has not and will not be paying any part of his salary," Ballard responded by e-mail Jan. 24 to a Guardian inquiry. "As of January 28, Purchia will be on a Mayor’s office requisition." Ballard also blasted Peskin in the Chronicle and the San Francisco Examiner, using incendiary language normally reserved for political campaigns and rarely employed by city employees talking about the president of the Board of Supervisors.

Retaliation for Peskin’s publicly announced MTA refund request has also included two splashy Chronicle hit pieces attacking Peskin and the board that ran on the front page, above the fold, on two consecutive days. One includes a photo of Peskin alongside extracts from a five-month-old letter that was possibly leaked by the Mayor’s Office (the confidential letter was copied to Newsom chief of staff Phil Ginsburg) in which Port of San Francisco director Monique Moyer alleges that Peskin made bullying late-night phone calls last August, when the Port was trying to get a measure passed to increase building heights along the Embarcadero — a land-use issue that was resolved last year.

But Peskin isn’t the only elected official to get his wrists slapped by the mayor in recent weeks.

In mid-January, Newsom upbraided San Francisco’s entire delegation in Sacramento for lending their support to the board-approved affordable-housing City Charter amendment, which will be on the November ballot and seeks to set aside $33 million annually in affordable-housing funds for the next 15 years.

As Sens. Carole Migden and Leland Yee and Assemblymembers Fiona Ma and Mark Leno noted in a Jan. 7 letter to Peskin, local voters have not approved a renewal of the 1996 housing bond, and the board’s proposed amendment builds on prior successful ballot measures to fund libraries, parks, and children’s programs, which have been successfully implemented without significant budget impacts.

But Newsom wrote the delegation Jan. 11 to express his "disappointment."

"I cannot support the Charter Amendment, because it has significant implications for the future fiscal health of our City and the backbone of our public health care system — San Francisco General Hospital," Newsom claimed, noting that the General Hospital bond is also on the November ballot. Then again, Newsom is also backing a Lennar Corp.–financed measure that would approve the building of 10,000 housing units at Candlestick Point but wouldn’t guarantee affordability levels (see "Signature Measures," page 10).

Meanwhile, fearing that Newsom is seeking to exert excessive control over several key commissions, the Board of Supervisors’ progressive majority is seeking to ensure that the seven members of the MTA board are elected officials beginning November 2009 and to divide the power to nominate members of the San Francisco Public Utilities Commission between the supervisors and the mayor.

These moves are coming at a time when Newsom has decided to replace three members of the MTA board who had alternative-transportation credibility but whose loyalty he apparently questioned: San Francisco Bicycle Coalition executive director Leah Shahum, Peter Mezey, and Wil Din. To fill those slots, Newsom appointed disabled-rights activist Bruce Oka, attorney Malcolm Heinicke (both of whom served on the Taxi Commission, which Newsom hopes to merge into the MTA this year), and Jerry Lee, a member of the Transportation Authority’s Citizen Advisory Committee.

But the Board of Supervisors can block the mayor’s MTA picks — and that showdown looks likely, in light of Newsom’s alleged misuse of MTA funds and his refusal to heed Peskin’s call for a mayoral representative to appear before the board to explain Newsom’s vision for the MTA.

Meanwhile, Sup. Jake McGoldrick told the Guardian he introduced a Charter amendment to make the MTA board seats elected positions. He argues that Prop. A not only increased the MTA’s budget but also reduced the board’s MTA oversight, so the body now needs to be more answerable to San Franciscans.

"It’s about not having accountability at the legislative branch," McGoldrick said. "The MTA ridership and residents need to have a way to voice their concerns."

McGoldrick said the mayor’s early removal of MTA members and his raid on MTA funds are troubling.

"Their removal reinforces what’s going on, how the MTA is viewed as a milking machine for the Mayor’s Office," McGoldrick said, noting that he asked for a budget analyst’s report on the MTA several weeks ago to keep the discussion objective and that he also asked for an accounting of the 1,600 to 1,700 jobs that Newsom declared frozen last fall. That report should be available at any time.

"I wanted to see which jobs were frozen and which were defrosted," McGoldrick said, "but I didn’t want it to become a political football."

However, with battles between the board and the mayor likely to get even intenser during the coming budget and election seasons, it’s starting to look like 2008 could be one long political football season.

The next chancellor

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EDITORIAL In a few weeks, City College of San Francisco chancellor Philip Day will be gone, headed to Washington DC to head a nonprofit that works on college financial aid issues. He will leave behind a unionized staff that’s relatively happy (Day worked hard to get raises for the faculty), a board that’s bitterly divided, a long list of financial problems — and a legacy of bad feelings in the community. As G.W. Schultz reports on page 14, he’s also leaving behind a scandal involving the diversion of college money to a political campaign.

Three of the board incumbents will be up for reelection this fall, and the seven-member panel desperately needs more new blood. But the current board will be choosing the next chancellor, the person who will have to dig one of the city’s most important institutions out of a deep fiscal and public relations crevice. Running City College isn’t an easy job in the best of circumstances, and Day hasn’t made it easy for his successor. The board will have to weigh a long list of qualifications — but one ought to be at the top.

The next chancellor needs to be someone who respects open government and is willing to work with — not fight against — the neighborhoods, the Board of Supervisors, and other interest groups in the city. Day’s successor needs to understand that San Franciscans don’t like to be pushed around by big institutions, don’t like to be lied to, and don’t like imperious officials who think secrecy is an appropriate response to criticism.

The Community College District has a long history of making it difficult for the public to monitor what the administration is doing. After at least five years of battles, the agency still won’t adopt the San Francisco Sunshine Ordinance. Day has been recalcitrant when it comes to making documents public, and with the support of a narrow board majority he has been conducting all sorts of business behind closed doors. The administration several years ago quietly shifted millions in bond money that was earmarked for a performing arts center into building a new gym and pool, then signed an exclusive lease allowing a private school to use the pool in the afternoons. One of Day’s senior aides apparently diverted school money into a political campaign — and Day, who makes more than $400,000 per year in compensation, said the district couldn’t afford an internal auditor to keep track of that sort of money.

In Chinatown and North Beach, neighbors have been battling the college over a new campus building — and while the issues (over historic preservation, light and shadow, and appropriate height limits) are ones that could have been resolved amicably, Day’s administration has bullied the neighbors, refused to talk in good faith, and infuriated people who ought to be the strongest allies of a new campus in an underserved part of town.

If the board members want to turn the troubled district around, they need to make sure the new chancellor is willing to embrace the city’s open-government laws, do business in public, and accept that fact that in this city an agency with the powers of the state of California won’t get away will telling communities their concerns don’t matter.

OMG sunshine

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Could it possibly have been the Giants’ win last night? Or perhaps the sunny anticipation of Tuesday’s primary? Maybe Ann Coulter finally died of a poppers overdose? Nah … it’s just weather, baby. But the sun has peeked through the clouds this morning, illuminating with wonky incrementalism the collection of Godzilla toys I keep on my dresser, and I’m in the mood for some effervescent Korean pop. Let’s jam!

Kim Jong Kook, “Lovely”

Green winter

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When I was in college, I was pleased to discover that spring in these parts began to make itself felt in February. The sun strengthened, the air grew mild — at least if it wasn’t raining — and people lay out to sunbathe. All this was very different from my native northern clime, in which winter nastiness often lasted well into April. April baseball games were sometimes snowed out, and May snow wasn’t unheard-of.

A warming world might soon be giving us reasons to rethink our understandings of the seasons, and perhaps Winnipeg will become a haven for snowbirds, but some of us have already made certain psychological adjustments. Spring for me — for instance — no longer means sunbathers in February but strawberries, asparagus, and artichokes, and while we await these delicacies, it’s the end of January, the Meyer lemon bush in the drippy garden is heavy with globes the color of summer sunshine, and markets are full of tubers and greens.

There are so many sorts of greens, arrayed in such abundance at farmers market stalls, that one feels a certain anxiety in choosing one kind but not another. Mixed baby salad greens are an almost automatic choice, since all they need is a splash of vinaigrette. Only slightly less demanding are baby spinach leaves, which can be wilted with some pine nuts, garlic, and currants to make a swift and classic Sicilian side dish. Romaine? You can make Caesar salads from it (and from its immature version, little gems), but I also found it turning up, braised, in a friend’s exquisite posole last week. I must make posole, I thought — a kind of chili made with hominy instead of beans — and I might or might not put romaine leaves in it, but I will try it with chickpeas.

Speaking, yet again, of legumes: lentil soup is a good place to stash all sorts of greens. I’ve put chard in there, and arugula, and even dandelion greens, though they have a bitterness that must be carefully handled. Dandelion greens work better in a pasta sauce, with garlic, chile flakes, sausage (poultry or soy if you like), some crushed black peppercorns, and a good grating of Parmesan or Romano cheese. The greens’ assertiveness matches up better with these comparably strong flavors. By the time you’ve cleaned your plate, it could be February, and strawberries for dessert.

Paul Reidinger

› paulr@sfbg.com

Video Mutants: Shirtless on YouTube

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The Passionistas, “Wild West”

GAZE ON THE INTERNET I guess I’m a true romantic. I like my porn softcore. When I get in that certain mood, I visit YouTube to watch videos because I know they’ll never go too far. I’ll get off watching a mustached Austrian take a shower while fully clothed or a drunken dad mooning the camera. It’s repulsive enough to be sexy but harmless enough to be cute.

I must have watched thousands of videos like these without ever considering making one of my own. It wasn’t until I stumbled across an early viral video, "This and That" by Chris Crocker (of "Leave Britney alone!" fame), that I seriously considered making one for the Internet. What I saw was a young gay white boy with a Jennifer Aniston bob, screaming out "to the bitches that wanna fight me" in an accent halfway between Mo’nique’s and a Tennessee grandma’s. It wasn’t necessarily erotic, but there was something completely invading about Crocker’s gaze into the webcam — it was as though he activated that little gray box perfectly. He had the excitement of a Pinocchio with his strings recently cut and the entertaining intent of a sociopath like Chucky. I knew this was a car crash waiting to happen, and I immediately became addicted to Crocker’s videos.

I became Crocker’s friend on MySpace in December 2006 and followed the flood of video monologues posted almost daily. In topics that ranged from sarcastic beauty secrets and arguments with his grandmother to sexy dance videos and relationship advice, there was something very lonely about him. He wanted to be famous but was stuck living with his grandparents in a rural part of the South. With only the Internet and a camcorder, Crocker was able to independently create, in a little more than a year, an infrastructure of hundreds of thousands (and now millions) of viewers. A mixed audience of fans and haters, they all waited on his every move because he would do anything for the camera. As an artist, I was jealous of his popularity and brilliant consistency. I wanted in on his game.

My bandmate Aaron Sunshine and I decided we would start making Internet videos for our band, the Passionistas, as this would be a simple way to sate our incessant needs for humiliation and self-promotion. After our first attempt, an underviewed series of videos titled Haterz Beware targeted at a fictional group of people who spend their lives hating our band, we decided to make a short that would encapsulate everything that makes Internet video popular. Or so we thought.

Our goal was Internet popularity, so we wanted to make sure something sexy happened, and something violent too. We decided that the concept of Aaron burning me with a cigarette while we were both shirtless sounded too perfect not to do.

We sat in front of my iMac, a gift from my parents for my graduation from San Francisco State University two anticlimactic years ago, and took off our shirts. We opened QuickTime and clicked Record. Aaron seemed transfixed by the moment. He stared at the camera, then at the tender white of my forearm. He showed the glowing cigarette to the camera. Then, leering, he sadistically burned my wrist. It hurt like an Alien baby popping out of my arm. Fifteen minutes later it was on YouTube. Stupidity being a mainstay of the format, I was expecting grand popularity. We made sure to include lascivious and lurid tags in the video description, like twinks, shirtless, naked, burned, owchie, and sexy, so anyone searching with these words, or a combination thereof, would stumble upon our video. It reached about a thousand views in a little more than a week.

My rational mother somehow found out about the video and got very upset. She is a grade school teacher who lives in a pine tree–infested coastal art community. She made some really popular shabby-chic birdhouses in the 1990s. She’s recently returned to watercolors and has always loved making smiling figures with clay. My mother had no idea why somebody would make something so awful and hurtful. She was not at all thrilled when I explained that this video was an experiment done in the name of art. I told her that one day she’d understand, and I reluctantly removed it from YouTube.

So, to get back at her, I asked Santa for a camcorder and staged a Passionistas video for our song "Wild West" in her hot tub. Following one of the rules of Internet video popularity, I was, of course, shirtless and in my underwear. To contrast with my forest-filled hot tub scenes, I filmed Aaron brushing his hair and teeth and smoking in San Francisco — shirtless, of course. My second attempt at a viral video is doing all right in terms of views at the moment, but its popularity is not comparable to that of Crocker’s videos.

Crocker is more pathetic than me. Aaron and I had a chance to catch him in one of his first public appearances, in October 2007 at the Crib in San Francisco. It was that night that he proclaimed, "I don’t have talent — I only have fans." There is a certain sexy courage we possess only when we are alone. Crocker is in the vanguard, the best of many new artists broadcasting from the bedroom.

www.youtube.com/thepassionistas

>>Back to Video Mutants: The Guardian video art issue

Tiger tales

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More on the SF Zoo:
>>20 Questions the zoo won’t answer
>>Editorial: Take back the zoo
>>Opinion: Shut down the zoo
>>From 1999: The Zoo Blues

› news@sfbg.com

When I first heard about the attack at the San Francisco Zoo, I felt strangely vindicated to learn that a Siberian tiger had been involved. I am irrationally prejudiced when it comes to big cats: I don’t like Siberians. Of all the tigers, lions, jaguars, and other exotic animals I have known in my day — and I grew up on a wild animal farm, so I have known quite a few — the only ones that truly frightened me were a chimpanzee named Lolita and a pair of Siberians (they’re known as Amurs now) that lived in an old shed about 100 feet from my front door.

When I read in March that two chimps from a California primate sanctuary had attacked a 62-year-old man, biting off much of his face, tearing off his foot, and mutiutf8g his genitals, I thought of Mike’s thumb. And when I heard that Tatiana had attacked three young men, killing one of them, I immediately thought of his ear.

Mike Bleyman was a biologist who built a research and breeding compound outside Pittsboro, NC, and like many exotic-animal fanatics he had a tendency to lose body parts. Fortunately, the surgeons in Chapel Hill were skilled at sewing them back on.

Mike was also my stepfather. My parents divorced when I was in junior high, and when my mother moved in with Mike on "the farm," I went with her.

I was present when Lolita bit Mike’s thumb right through the bone, almost severing it completely. I was away at college when the tiger got him.

Mike had arranged a trade with the Albuquerque Zoo in New Mexico — two Siberians and a Himalayan black bear for a young Sumatran tiger. Mike hit both tigers with tranquilizer darts. But ketamine, the drug of choice for sedating big cats, takes several minutes to work, and being an impatient man who didn’t play by the rules, Mike entered the cage before the recommended time had passed. When he approached the male, the female roused herself. She slashed Mike across the back, dislocated his elbow, and removed his ear.

The fact that Mike was able to extract himself from the cage alive is testament to the fact that the ketamine had at least begun to have an impact. Siberian tigers are not creatures you want to mess with.

Our other tigers, all Bengals, were sociable and playful. As I walked by they would chuffle their hellos. I would chuffle back and reach through the fence to scratch their necks or rub their noses. The Siberians, however, had a flat affect, rarely vocalized, and menacingly tracked passing humans.

I know it’s not fair to judge an entire subspecies by two individuals, and these cats had every reason to be sullen. They had evolved to preside as alpha predators over rugged territories of hundreds of square miles, and they were being forced to live sedentary lives in a gloomy shed probably no bigger than 200 square feet. But fair or not, they freaked me out.

I have been thinking a lot about those cats in the past couple of weeks as I have read the news stories coming from San Francisco. As someone who has bottle-fed several cubs, built my share of tiger cages, and shoveled more than my share of tiger shit, I know more than a little about Felis tigris.

I have been equally fascinated, if not more so, by the behavior of the other species that populates this tragic tale, the one known as Homo sapiens. In addition to being a former tiger farmer, I am also a journalist who once covered San Francisco politics. I still work occasionally as a communications consultant to nonprofits, and in my day job I am a manager of a small state agency and work regularly with elected officials. So when I look at this story through the lens of a behaviorist, I think about the traits of various human subspecies — politicians, bureaucrats, managers, spin doctors, journalists, self-proclaimed experts, and supposed guardians of health and safety. Frankly, I am not impressed.

Tatiana was killed for being a tiger. Tigers have only one self. They are what they are; end of story. Humans are a different order of being: we are capable of self-deception. We can lie to ourselves, we can deny what is right in front of us, we can try to shift blame, and we can avoid the things we know we should face.

And thereon hangs this tiger tale.

TARZAN AND TIGER ISLAND


People have often asked me over the years why my stepfather had all of his animals. I like to tell them it was because he thought he was Tarzan. It’s not the absolute truth, but it is as valid as any other answer.

It started in the 1970s, when he just drove down to Florida one day and came back with a tiger cub.

For her first several months there, Gretchen had the run of the farm. I remember one weekend when Mike was teaching us to shoot: my sister Gwenn was lying in the bed of a battered red Toyota pickup, one eye closed and the other sighting down a rifle barrel at a paper bull’s-eye. She never saw the tiger stalking her from behind. As soon as Gretchen was near enough, she closed in a sudden burst, easily cleared the side of the bed, and landed squarely on Gwenn’s back. Gwenn just huffed, "Gretchen, get off," and calmly squeezed the trigger.

Gretchen, however, was soon too large to be treated like a funny-looking dog. Mike hired a backhoe operator to dig a moat around a knoll where an abandoned farmhouse perched. The man arrived on a day when Mike’s very wild foster daughter, Dianne, had cooked brownies. The backhoe operator didn’t realized they were laced with pot and ate a few. It took a long time to finish the job, in part because the guy kept nodding off, and in the end the moat had a peculiar shape.

Mike didn’t mind. He just put up an acircular fence around the acircular moat and called it Tiger Island.

The fence was 12 feet tall and built of heavy-gauge chain link. A barbed-wire overhang jutted inward from the top at a 45-degree angle. A tiger might be able to leap to the top of a 12-foot fence, but the moat meant there was no solid place from which Gretchen could launch herself.

If she tried to hurdle the fence, she’d have to start at least 10 feet back. And if she crossed the moat and pulled herself onto the narrow bank, she would have to jump straight up. That would mean an encounter with the overhang. She wouldn’t climb the fence because chain link is too wobbly. It was the way the moat and the fence and the overhang worked together that made the compound secure. Even when the moat ran dry in later years, a tiger would still have had to jump from the bottom of the dry moat, making the total leap on the order of 16 or 17 feet.

In other words, a stoned heavy-equipment operator and a somewhat oddball zoologist, with a few thousand dollars’ worth of chain link and barbed wire, managed to make a very secure tiger pen. I have to wonder why the privatized San Francisco Zoo, with millions of dollars in bond money and a director who earns $339,000 a year, couldn’t.

THE MISSING WALL


Early reports from San Francisco described the tiger grotto as having a wall and a moat as if they were separate things and gave dimensions for both — initially 15 feet for the moat and 20 feet for the wall. When I read that, I began examining aerial photos to look for other points of egress. I studied the height and the angle of the side walls.

All tigers can climb trees. Amur habitat includes mountain ranges. They don’t like steep slopes, but they’re capable of scrambling over rocky faces. Perhaps Tatiana got out that way, I thought, but I soon rejected the idea.

The aerials showed me the initial reports were inaccurate. There never was a wall and a moat. Tatiana’s compound was nothing like Gretchen’s. There was only a moat, and the so-called wall was simply the far bank. The moat isn’t, in zoological terms, either a physical or a psychological fail-safe. It’s simply a way of recessing a wall into the earth so it doesn’t block human sight lines.

A dry moat can actually be worse than a wall because the far bank gives a tiger launching points. When the jump-off point is around the same elevation as the top of the far bank, as it is at the San Francisco Zoo, the moat’s depth may not matter. The question becomes not how high the tiger can jump but how far it can leap. History and a close look at pictures of the grotto suggest that is exactly the question San Francisco and zoos everywhere should be asking.

One rule of thumb is that a moat needs to be four times the average body length of the species it is suppose to contain, which for an Amur is just an inch shy of six feet. That means a moat should be at least 24 feet across. I’m skeptical of this calculation. Mean body length for a mountain lion, for example, puts the recommended moat distance at just over 13 feet, yet there are credible reports of mountain lions leaping 35 feet.

An alternative is the cat’s known leaping distance plus 20 percent. The oft-reported leaping distance is 20 feet, so the minimum width would again be 24 feet. There are accounts of tigers leaping 30 to 33 feet, but I have not been able to determine whether these were documented. In China, the Yangtze River runs through Leaping Tiger Gorge, so named because a tiger leaped the river to escape a hunter, according to local lore. The river at its narrowest is about 82 feet wide. The story is a fable, but it gives you a sense of the tiger’s reputation as a prodigious leaper. Based on my years of observing tigers at play, 30 feet does not seem at all out of the question.

Such calculations likely contributed to the standards of two Association of Zoos and Aquarium committees. Both the AZA Felid Technical Advisory Group and the AZA Nutrition Advisory Group recommend a minimum width of 25 feet for a tiger moat.

So imagine my reaction when Zoo director Manuel Mollinedo stated his belief that the tiger could not have escaped from the moat, while also saying that according Zoo records, the moat was 20 feet across. I have never met Mollinedo, and he didn’t return my calls, but in my opinion the man has no idea what he is talking about.

Then came reports that the moat is 33 feet across. Well … sort of, maybe, kind of. It may be 33 feet from wall to wall, but the bank on the grotto side slopes to a flat floor 20 feet across. Some clever bloke decided to make the transition look more natural by placing fake boulders atop the slope. These project out into the moat and in some cases rise above the grotto floor. A tiger that launched from the lip of one of these would have to cross far less than 30 feet.

I asked the Zoo for the narrowest leap between the outside wall and these "rocks." Zoo officials didn’t respond. So I went out there with my tape measure.

The tiger grotto is closed off, and Zoo officials also declined to answer my request for access to the area. But through a side window I was able to study a neighboring lion grotto with a similar design. A rock ledge stuck out into the moat more than seven feet, leaving a gap I measured along the outer wall at about 25 feet. Using aerial photographs and online measuring tools to look at Tatiana’s grotto, I repeatedly got widths of less than 24 feet.

In other words, the width of the moat most likely does not meet AZA standards, which could hardly be described as overly cautious.

NO MARGIN FOR ERROR


The world soon found out the bank of Tatiana’s grotto was less than 12.5 feet high, and experts quickly agreed that a motivated tiger could have surmounted the wall. Yet Mollinedo was still expressing disbelief.

We know tigers pluck monkeys from tree branches, bound over steep rock faces, and jump on the backs of large prey. But how tall do they stand, and how much can they elevate? The best evidence I can find of an Amur’s reach comes from the field studies of Anatolii Grigor’evich Yudakov. One way Amurs mark their territory is by making scratches high in the bark of trees. Yudakov measured these marks at 210 to 290 centimeters, or roughly 7 to 9.5 feet.

For an Amur standing on its hind legs to reach the top of a 12.5 foot wall, it would have to elevate another 3 to 5.5 feet. Remember Gretchen jumping effortlessly over the side rail of a small pickup? Four feet.

A major prey species for Amurs is the Manchurian red deer, which stands up to five feet at the shoulder. Though not sourced, many references report a vertical leap for tigers of six feet. Take a tiger with a reach of almost 10 feet and a vertical leap of six feet, and suddenly the industry standard of a 16-foot wall has no appreciable margin for error.

Then there are the events of May 14, 1994, when a Bengal tiger in India’s Kaziranga National Park attacked a man on the back of an elephant. According to a press release from Wildlife Trust International, executive director Vivek Menon reviewed footage of the attack and exclaimed, "I could never imagine that a tiger could so effortlessly leap from the ground onto an adult elephant’s head, which is at least 12 feet above the ground."

There has been much speculation about whether a captive tiger is capable of matching the jumping ability of a wild cat. Presumably a confined tiger would be sluggish, out of shape, her muscles atrophied. No one to my knowledge, though, has studied the sports physiology of tigers.

I can say from personal experience that even captive tigers are incredibly agile and powerful. We had a Bengal named Engels (the litter was born on May Day) who lived on Tiger Island. One day a female Bengal tried to snatch some food from him. He swiped at her almost casually, hitting her in the side. The force of the blow immediately stopped the young tiger’s heart, and she fell over dead.

THE LONG JUMP


So what happened that day at the Zoo? So far, none of the witnesses are talking. Media accounts suggest one scenario: Tatiana may have stood on her hind legs against the wall, pushed off from the bottom of the moat, grabbed the top of the wall with her front paws, and leveraged herself up and over by digging her hind claws into the wall. That’s conceivable, I guess. Tatiana may even have escaped before the attack and waited for her prey in the tall grass beside the moat.

I have a very hard time imagining that, though. For one thing, the wall curves outward at the top. For another, such methodical, incremental movement is not typical of a tiger. They stalk their prey slowly, but in a brutal burst, they close with amazing speed. I am convinced Tatiana exploded from the grotto, landed on the lip, and then powered her way up. Whether she sprang from one of the protruding rocks, the sloped bank, or the moat floor is almost immaterial, but I am inclined to believe she jumped over the moat.

Strangely, Mollinedo may have been on the right track at a Dec. 28 press conference when he said, "How she jumped that high is beyond me." She may not have jumped high at all; I suspect she just jumped long.

I base this on my observations of tigers and my study of grotto photographs, but it is supported by history. There are three known escapes from Tatiana’s grotto and one near escape. In one case the escape went unwitnessed.

Keepers Jack Castor and John Alcaraz walked by the grotto one day a few years back and saw a Bengal named Jack wandering outside, Alcaraz told me by phone. They yelled at him, and he jumped back in.

David Rentz witnessed another escape in 1959, when he was a young Zoo volunteer. He’s an entomologist in Australia now, and he recently wrote in his blog that the tiger "flew across the moat from his position on the other side … and sprung back to the grotto all in one graceful movement." There had been previous reports this same tiger could jump the moat.

Then there’s the near escape witnessed by Marian Roth-Cramer in 1997. In an interview in the Dec. 27 San Francisco Chronicle, she said, "I saw the tiger leap over the moat." This makes me wonder why so much coverage has focused on the height of the wall and not the width of the moat.

Media coverage has also focused on whether the men taunted or teased Tatiana. I find this discussion ludicrous. Zoos know animal abuse comes with the territory. They must anticipate it, prevent it, and prepare for its consequences. It’s part of the job. And besides, how does one taunt a tiger?

When I think of taunting, I think of the French kibitzers and King Arthur’s men in Monty Python and the Holy Grail, a scene reprised in Spamalot. I imagine some kids shouting into the grotto, "Your mother was a wild boar, and you father smelt of porcelainberries. I scent-mark in your general direction."

Teasing a confined animal means tempting it with something it can’t have — a ball, say, or your throat.

Tatiana wasn’t teased. She got what she wanted.

Tigers attack for limited reasons — they see you as prey, they see you as a threat to them, their cubs, or their food, or they dislike you because of something you did to them. Perhaps Tatiana saw the young men as a threat. Perhaps they pissed her off. But a simpler explanation is that their behavior got the cat’s attention, and perhaps they crossed the fence and got too close to the edge, until at some point Tatiana identified Kulbir Dhaliwal as prey that had come within range. It seems significant that the attack occurred at twilight, since tigers are crepuscular, meaning they are most active then. It’s their favorite time to hunt.

Naturalist and western novelist Dane Coolidge wrote in 1901 that Indians classify tigers as game killers, cattle lifters, or man killers. People have suggested tigers become human killers because they develop a taste for human flesh. I believe tigers will eat almost anything — but they’re wary of taking on prey that might fight back effectively. They lose any hesitancy when they discover just how vulnerable we humans are. Tatiana proved she had no inhibitions about dining on human flesh when she attacked keeper Lori Kamejan in 2006.

Carlos Sousa Jr. apparently tried to distract Tatiana from her attempted "kill," and I use that term loosely since tigers naturally feed on prey that is still alive, and captive tigers are in-between creatures, psychologically speaking. Wild cubs learn from their mothers to dispatch prey effectively, but captive-bred tigers are never taught that skill. In terms of hardware, they may be the world’s finest killers, but their software is buggier than Windows Vista.

Tigers often have to protect their prey after an attack. They are followed by wild dogs and bears that try to scavenge their kills, and herd animals will sometimes try to rescue a herdmate. Tatiana most likely fought off the threat from Sousa, slashing his throat in the process, then tracked her wounded prey to finish what she started. It wasn’t a rampage, a vicious and angry outburst, as media reports have described it, just the methodical, instinctive actions of a top-of-the-line predator.

THE BIPED PROBLEM


If you look at what led up to Tatiana’s escape, you follow a trail of denial and avoidance.

Consider the players, starting with Zoo management and keepers.

Zoo staffers have known for almost a half century that a tiger could jump out of that grotto. Carey Baldwin, then the Zoo director, witnessed the escape with Rentz in 1959. His solution, according to Rentz’s blog, was to post instructions to keep the offending tiger indoors. Castor’s solution to Jack’s escape was to fill the moat with water, according to Alcaraz, but that practice ended after Jack died. Neither solution was permanent or designed to deal with the next strong-legged, strong-willed tiger to come along.

When Roth-Cramer witnessed the near escape, a passing keeper apparently laughed it off. She reportedly wrote a letter to then–Zoo director David Anderson, but there is no evidence her letter produced any response.

As far as we can tell, no one ever tried to convince the AZA or federal regulators that they needed tougher standards or tougher enforcement. No one took the story to the press or published a journal article to warn other Zoo professionals. No one posted public warnings, ordered changes to the grotto, banned tigers from the exhibit, or shut the lion house.

Mollinedo should have known about the problem if his keepers knew. But there seems to be a lot he doesn’t know, and previous Guardian reports and a recent Chronicle article suggest communication has broken down between employees, particularly keepers, and Zoo management. Lower-level staff complain of not being heard, not being consulted. Morale is low. Institutional knowledge is being lost as keepers quit in frustration.

And what about the regulators? Ron Tilson, the conservation director of the Minnesota Zoo, said in a Dec. 27 Chronicle story that the AZA standard, which he said was seven meters (closer to 23 feet), is "very conservative." Yet this has less than a 20 percent safety margin when you consider the conventional wisdom about how far a tiger can jump, and it is far less than reported leaps of 30 feet or more.

The day after the attack, the AZA issued a statement that "AZA accreditation standards contain no specific dimensions for big cat enclosures." The AZA did not return calls seeking comment, but what it provides is really a set of guidelines produced by advisory committees for a voluntary association composed of the very institutions being regulated. The guidelines aren’t consistently known and have never been fully implemented.

We know the AZA accredited the San Francisco Zoo despite a wall almost four feet shorter than the recommended height.

In 1974 the Philadelphia Zoo surveyed 10 other zoos about their tiger moats. It published the findings in the 1976 International Zoo Yearbook. San Francisco reported its moat was 13.5 feet deep. Detroit said its moat was 15.5 feet deep. Chicago’s moat was only 21 feet wide, and Tulsa reported between 15 and 20 feet. Oklahoma’s moat was only 17 feet wide. Half of the surveyed zoos couldn’t meet AZA recommendations.

There are signs the San Francisco Zoo did not meet other AZA standards. For example, the AZA’s 2008 Accreditation Standards and Related Policies states, "A written protocol should be developed involving local police or other emergency agencies." On Jan. 3, I e-mailed 20 questions to the Zoo’s public relations firm, many of which related to AZA standards. For example, I asked about the last emergency drill and about gun training. I also asked for copies of related Zoo policies. The Zoo never responded. But the next day Mollinedo announced that the Zoo is working with police at Taraval Station on a coordinated emergency response and that police and Zoo shooters will be training together.

The United States Department of Agriculture regulates zoos as exhibitors under the Animal Welfare Act. That act and the rules written to implement it are primarily meant to ensure healthy conditions for the animals. They contain specifications for the size of the fences around the outside of a zoo facility to keep unauthorized people out, not for the fences separating the animals from visitors.

And local oversight? The city owns the grounds and the animals. Zoo employees are part of the city employees union. But since 1993 the nonprofit San Francisco Zoological Society has owned the institution and operated it under a contract with the city. There were problems at the Zoo when the city ran it, but, as Sup. Tom Ammiano told me, "Nobody died."

The contract retains a role for the city through a Joint Zoo Committee of society board members and Recreation and Park Department commissioners. I have gone though the minutes of that committee going back several years, and I have to say the committee provides as much oversight as the stuffed animals in the Zoo’s gift ship. As Ammiano put it, "It’s all lip service."

The employee relations problems, the animal injuries and deaths (see Opinion, page 7), and other management issues at the Zoo are nothing new. Savannah Blackwell reported on these same sets of issues for the Guardian twice — see "The Zoo Blues" (5/19/99) and "The Zoo’s Losers" (5/7/03) — and there is no indication anything has been done.

The city’s contract with the Zoological Society and the Joint Zoo Committee should mean Zoo documents are public under the city’s sunshine laws. But the Zoo has not been forthcoming with key documents requested by the media. Sup. Sean Elsbernd has called for hearings, and Ammiano said there will be multiple hearings. "I think the key issues are accountability and transparency," he said.

The Zoo’s high-priced director has demonstrated that his knowledge of the animals under his care, the condition of his facilities, and the concerns of his staff are embarrassingly limited. In press conferences he looked befuddled, evaded questions, broke every rule of crisis communication, and speculated about the victims without clear information.

The Zoo hired Sam Singer, supposedly a crisis communication specialist, but I have attended multiple trainings in crisis communication, and I have to say he seems more like a fixer to me. And despite this, Mayor Gavin Newsom and the society’s board publicly support Mollinedo.

Mollinedo and his PR people have tried to direct blame toward the victims. Perhaps they were drunk, stoned, rowdy, throwing things — but if Tatiana was killed for being a tiger, it could also be argued that Sousa was killed for being a young man.

There’s a whole process of brain development that scientists are now beginning to understand. The maturation of brain cells through something called myelination starts from the back of the brain. The front of the brain, the seat of executive functions like judgment, matures last. Young people often don’t make good decisions. Boys, in particular, take unnecessary risks.

In the public health world, we understand this and concentrate on policies that control risk and reduce harm. This doesn’t mean we shouldn’t hold the survivors accountable for anything they might have done, but it does mean the Zoo has no business shifting the blame.

So where does that leave us? It leaves us with more avoidance than a tiger has stripes.

In the end, this was a human problem. People weren’t doing their jobs. They had not taken action when it was clearly needed. And in the end, the only innocent creature in this drama was the one that had no choice other than to be what she was. Her name was Tatiana.

And now she is dead, along with a young man whose parents loved and miss him very much.

Craig McLaughlin is a former Guardian managing editor. He is coauthor of Health Policy Analysis: An Interdisciplinary Approach (Jones and Bartlett, 2008).

The questions the zoo won’t answer

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Editors note: Craig McLaughlin sent the following questions to the office of the zoo’s hired flack, Sam Singer. We received no reply by press time.

I was raised around tigers. I know their habits and capabilities and was personally involved in constructing cages for them. I have been amazed by some of the comments attributed to Mr. Mollinedo in local news accounts. He initially reported that the wall of the moat was 20 ft high but the moat was 20 feet across. The difference between the elevations of the grotto and the viewing area is clearly, by any direct observation, only a few feet. That means that regardless of the depth of the dry moat, there is a question of whether the tiger could simply leap from bank to bank. Conventional wisdom in the tiger literature is that they can jump 20 feet, and there are accounts in the literature of leaps as long as 30 or even 33 feet. Given this, it makes no sense based on records available to Mr. Mollinedo that the grotto could be considered secure. In the end, we learned the moat’s width varied from 20 to 33 feet depending on how far one descended, but that the far wall was only 12.5 feet. Mr. Mollinedo then expressed surprise that a tiger could leap or climb over a wall of that height. Given my own knowledge of and direct observation of tigers, a tiger making that leap, even a captive tiger, is not surprising in the least, and taunting would not be a prerequisite. I would have to say that Mr. Mollinedo has no idea what he is talking about when it comes to tigers, and would even go so far as to say it was idiotic for him to make the comments he did–and I am prepared to say that in print. Does Mr. Mollinedo or your firm have any response?

1. Please provide a copy of the zoo’s written protocol concerning tiger escapes.

2. What is the size, caliber, and make of the zoo’s kill rifle(s)?

3. Where is it/are they stored?

4. How many people are authorized and trained to use it (them)? How often do they practice?

5. How many of those people were on the zoo grounds from 5-5:30 pm Christmas day?

6. Was a kill rifle (or rifles) and/or a shooting team deployed during Tatiana’s escape?

7. Minutes of the San Francisco Joint Zoo Committee talk about the improvements, including improvements to the lion house, providing keeper staging areas. Where is the nearest staging area to the to the tiger grotto and was it staffed at 5 pm on Christmas day?

8. When was the last date that the zoo conducted an emergency drill for an animal escape? AZA accreditation standards state “Emergency drills ensure that the instiutution’s staff know their duties and responsibilities and know how to handle mergencies properly when they occur…. Emergency drills shouldbe conducted at least once annually for each basic type of emergency.”

9. Please provide a copy of the record and evaluation of the last animal escape emergency drill? AZA standards state that “these drills need to be recorded and evaluated … Records of these drills need to be maintained.”

10. What training do security personnel recieve in how to respond to an animal emergency. How long is the training, who provides it, and are refreshers required? Had security personnel on duty that night been trained?

11. Why did cafe personnel not let the injured patrons inside so they would not be subject to further attacks? What are the policies about sheltering patrons in concession, entertainment and administrative areas during an animal attack?

12. Please provide a copy of the written protocol between the zoo and local police and other local emergency responders as required by AZA standards.

13. The Chronicle and other sources have reported that the tiger grotto was refurbished/remodeled recently and the cats returned in September. Is this true? Please describe what alterations or improvements were made? What contractor did the work? Was an architect involved in preparing plans and if so, who and at what firm? Was Tatiana housed in the same grotto prior to the remodel? Were keepers consulted in the rennovations?

14. There are at least two credible media accounts of tigers escaping from that grotto previously and one account of a near escape. These were known to keepers and in one case reported in a letter to zoo management. Was the zoo director aware of any of these accounts? Should he have been?

15. It is common practice in the business, public and nonprofit sector to consult with subordinates when conducting performance reviews of senior managers (a so-called 360 is one of the best known examples). When was the last performance review of Mr. Mollinedo conducted? Were keepers and other direct and indirect subordinates consulted as part of that review? Does the zoo have written policies in place concerning executive performance reviews? If so, please provide a copy.

16. I believe the zoo’s agreement with the city makes clear that zoo documents should be made available to the city Rec and Parks Department and therefore should be available to the public under the city’s sunshine law. The zoo, however, has not been forthcoming with specifics about the incident or readily provided related documentation. Why is this and how is this allowed under the contract?

17. Who was the designated person for emergency contact for the zoo at the time of the escape? When was that person accessed and by what form of communication?

18. Your firm specializes in crisis communication. The field of crisis communications is well established and has some commonly accepted principles. One of these is truthfulness–officials and spokespersons should be forthright and direct when communicating with employees, the public and the media. Another is timeliness–respond quickly to media and legal inquiries and be be proactive. Expressing empathy and putting people first are also important. Accepting responsibility goes a long way and blaming and attacking is contraindicated. As a public health official, I have been trained in crisis communication. Zoo management seems to be evasive and not forthcoming. Requests for interviews have not been responded to. How do you think the zoo performed initially in this regard and how have things changed since your firm became involved? For example, simple questions are still not being answered. I was surprised to know the zoo had been closed for a long time for a variety of reasons (including the fact that it was a crime scene) and then after they hired your firm, the Web site announces the zoo is closed in honor of the victims. This seem disingenuous to me. I find it dubious that that was really the motivating factor for the extended closure. Any response? (My own opinion is that given joint oversight, the wording of the agreement, and the fact that many dispositions will be conducted, I see no advantage to not responding affirmative and immediately to requests for information and records.)

19. Did the zoo have a media relations policy in place concerning employee interactions with the media prior to this incident. If so, please provide a copy.

20. Does the zoo have a response to SF Chronicle articles that paint a picture of poor management and very bad employee morale at the zoo?

Film: Def + Black + sweded

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I know that Science Of Sleep, Eternal Sunshine of the Spotless Mind, and umpteen hyperreal, DIYish music videos director Michel Gondry is just SO DAMN PRECIOUS, but his new movie Be Kind Rewind, planned for release on February 22 looks like a real hoot.

In it Jack Black’s brain gets mysteriously magnetized (if only that could happen to his screen persona, heh), and erases all the videos in Mos Def’s video store. hijinks ensue — including Black and Def (best duo name ever!) having to re-record all the movies in the store, including Ghostbusters, Robocop, and Driving Miss Daisy. They do this, pathetically hilariously, by “sweding” the films, which Jack Black’s character Jerry explains in the movie means “Taking what you like and mixing it with some other things you like thing to make a new thing.” Actually, Jerry, that’s called a mashup — or, really, the process of art in general.

Sweding, in fact, seems more like remaking something on a shoestring budget, and Gondry et al seem to be hoping that it will become a viral phenomonon (or at least provide a name for what everyone seems to be doing on YouTube in general, currently collected under the ephemeral umbrella of “video responses.”)

You can find a few fun swedes here. Now make your own and let the clever viral marketing begin!

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