Sup. Scott Wiener

Mayor Lee praises the importance of nightlife to SF

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Addressing a gathering of nightlife advocates at a California Music and Culture Association event last night, Mayor Ed Lee praised the economic and cultural role that the entertainment industry plays in San Francisco, announced plans to add a “nightlife unit” in the Mayor’s Office of Economic and Workforce Development, and even hinted that Halloween in the Castro might be returning after being shut down during the city’s so-called “war on fun.”

“If I’m going to be about jobs,” he said, referring to his near-constant emphasis on economic development, “it should be both for the day and for the night…I do recognize this as a business, as a serious contributor to the economic engine of city.”

Lee referenced the new Controller’s Office report that was requested by Sup. Scott Wiener, which concludes that the nightlife industry generates about $4.2 billion in annual economic activity in the city (that report will be the subject of a rally and hearing on Monday at City Hall starting on the steps at noon). And he said that the benefits of a vibrant nightlife scene also help make San Francisco an appealing city for other businesses, an indirect economic benefit.

“You’re all part of a great part of the city that keeps everyone refreshed,” Lee said, later adding, “I think we can do more at night. The young people who work gobs of hours need to have an entertaining evening.”

As he announced plans to add a nightlife unit to OEWD, the office that works with private companies looking to locate or expand here, he said, “We, as government, need to fast-track things that are successful.” Yet he also said that public safety is still a challenge and called for the industry to work closely with police to keep everyone safe.

Yet Lee spoke positively about Halloween in the Castro, a once-popular event that was canceled because Mayor Gavin Newsom and then-Sup. Bevan Dufty (who Lee recently hired as his new homeless czar) feared the city couldn’t control it, and Lee alluded to plans being developed to revive it in some form. “I hate to see any event that brought so many people to the city gone,” he said.

The event was held at The Grand, a club owned by CMAC board member and new Entertainment Commissioner Steven Lee. CMAC was formed two years ago in response to crackdowns on SF nightlife by city and state officials.

The war is over. Fun won.

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steve@sfbg.com

>>Read Sup. Scott Weiner’s op-ed on SF nightlife here

Two years ago, the war on fun that the Bay Guardian had been chronicling and decrying since 2006 — involving overzealous cops, NIMBY neighbors complaining about noise, escalating fees on outdoor events, and politicians scapegoating nightclubs for urban violence –- seemed to be reaching a peak of official intolerance.

The San Francisco Police Department and California Department of Alcoholic Beverage Control were running amok, with an especially troublesome pair of enforcers harassing disfavored club owners and guests, getting rough with patrons at private parties, and seizing laptop computers from DJs and cameras from those who documented the abuses (see “The new War on Fun,” 3/23/10). Then-Mayor Gavin Newsom and then-Police Chief Heather Fong and their underlings only fed the conflict with brash statements and by refusing to support the nightlife industry.

But today, all involved say the situation has turned completely around, with the nightlife industry asserting its importance to San Francisco’s culture and economy and getting key support from a new generation of political leaders. It may be too early to say the war on fun is over, but everyone is certainly enjoying a welcome cease-fire.

Police Chief Greg Suhr has longstanding relationships with many leaders in the nightlife community -– and he’s someone who says that he goes out regularly and has a son who plays drums for a local band.

“I consider many of the people in the entertainment community to be personal friends,” Suhr told us. “And if there’s a problem, I don’t think anyone has been shy about approaching me personally.”

At the same time, the industry has taken on a higher political profile in town since forming the California Music and Culture Association two years ago during the height of the conflicts with the city and the ABC. The group now has monthly meetings with a nightlife liaison that Suhr has assigned to work through issues.

“The lines of communication are open. Despite some differences in opinion, there is a growing sense of trust and respect that is developing in these meetings,” CMAC co-chair Alix Rosenthal told us.

Rather than bashing the nightclubs as a source of trouble, political officials have been openly courting CMAC, which holds regular public events and forums on nightlife issues, including an “Industry Cocktail Hour with Mayor Ed Lee” on the evening Feb. 29 from 5-7 p.m. at The Grand, a club owned by the newest Entertainment Commission member, Steven Lee.

Sup. Scott Wiener has also been a strong advocate for nightlife issues, and has commissioned a city study on the economic benefits of the nightlife industry, which he discusses in this week’s Guardian Op-ed and which will be the subject of March 5 rally and hearing at City Hall.

Preliminary results in the study, with was conducted by City Economist Ted Egan, show that the nightlife industry generates $4.2 billion in annual spending, $55 million in taxes, and employs 48,000 people. And those figures don’t include outdoor events such as street fairs or the Outside Lands Festival, which another recent study by concert organizers found generated $60.6 million in San Francisco and $6.6 million in surrounding communities last year.

“People coming into the city to enjoy themselves is our number one industry,” Suhr said, noting how important it is to balance public safety concerns with support for the city’s cultural and entertainment offerings.

Rosenthal said CMAC was happy that Wiener commissioned the study. “This study is going to be helpful,” she said. “We’ll have hard data to show how much the entertainment economy contributes to San Francisco’s entire economy.”

Who gets to live here?

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yael@sfbg.com

Housing policy — which determines who will be able to live in San Francisco — has been a hot topic at City Hall these days.

At a Board of Supervisors Land Use and Economic Development Committee meeting on Feb. 13, representatives from the Mayors Office of Housing (MOH) reported on the state of middle-income housing in San Francisco, at the request of Sup. Scott Wiener. “Middle class” people make up 28 percent of the city’s population, a 10 percent decrease in the past two decades, and to reverse that decline would cost about $4.3 billion in housing subsidies, or more than half the city’s annual budget.

Wiener, who insists that “middle income and low income housing are not mutually exclusive,” said he’s raising the issue because the needs of the shrinking middle class are not being addressed. But during the public comment period, a long procession of low-income residents say city housing policies have kept them on the brink of homelessness. The takeaway message was: don’t embark on new housing efforts until you can enforce the ones that are already in place.

Also underscoring the desperate state of many San Francisco residents, Assessor-Recorder Phil Ting released a report Feb. 16 that contains shocking statistics about invalid foreclosures and illegal evictions in San Francisco. Ting found that 99 percent of all foreclosure proceedings in San Francisco in the past four years have contained paperwork irregularities, and in 84 percent of cases, banks or lenders have committed fraud or broke other laws.

With the loss of the redevelopment agencies, Mayor Ed Lee’s proposal for a housing trust fund, renewed calls for more condo conversions, and a new focus on middle income housing incentives, the conversation on housing in San Francisco is heating up.

 

MOVING TOWARDS RENTAL

San Francisco’s housing market is 64 percent rentals and 36 percent ownership, according to MOH. So despite the focus of politicians and developers on homeownership, housing policy in San Francisco mostly involves renters, many of whom face myriad threats.

Rents can be so steep that market-rate rental housing is becoming increasingly accessible only for parts of the middle class and the highest income brackets in the city. People in San Francisco tend to pay a huge chunk of their income towards rent.

The federal Housing and Urban Development Agency considers it reasonable for a households to pay 30 percent of their income towards rent; but for the city’s very low income households, rent is typically nearly 60 percent of income. For middle income households, the average percent paid toward rent has increased since 1990, but remains below 30 percent.

Those people fall mainly into the middle-income bracket, those earning 80-120 percent of Area Median Income (AMI.) Planning Director John Rahaim said that for the very low-income population (0-50 percent AMI) all rental housing is “virtually off-limits.”

So, for the middle class, renting a place in San Francisco is tough. For the low and very-low income, it’s next to impossible. And that reality threatens the city’s diversity.

“The highest rent burden still falls on lower income residents, many of whom pay 70 percent of their income as rent,” Sup. Eric Mar, who also sits on the Land Use Committee, said at the hearing. “In my district, people have whole families living in their living room or extra bedroom.”

But things may be looking up for renters. MOH’ Brian Cheu said developers believe that the market trends are heading towards construction of new rental housing after being almost exclusively owner-occupied units for many years. Cheu said there are 725 rental units in the pipeline for the next five to ten years, more than twice the new housing units meant for ownership slated for that time period.

Most of this will be market rate housing, and thus still unaffordable for a good deal of the population. But for those making around 100 percent of AMI — the middle class that Wiener hopes to serve — there are more rental units on the way.

“Any increase in supply of rental housing would help,” said San Francisco Tenants Rights head Ted Gullickson, “because there’s been virtually no new rental housing built in San Francisco is last 20 years.”

Even as Wiener promised to continue to prioritize the needs low-income residents, the foreclosure crisis was barely acknowledged at the Feb. 13 hearing. Many low-income residents say they are not sure they can trust the city’s claim that “this is not a matter of us vs. them.”

At public comment, many community members spoke of the housing troubles that they were already facing. Yue Hua Yu, who spoke at the Feb. 13 hearing, lives with her family of four in a single residency occupancy hotel room (SRO), units intended for single occupants.

“We would support a policy that protects the city’s affordable housing stock,” said a statement from Wing Hoo Leumg, president of the Chinatown Community Tenants Association.

Renting may be the realistic choice for most San Franciscans, but homeownership remains an important goal and achievement for many families, and the main obsession of many politicians.

Part of the middle class exodus is unmistakably due to better homeownership rates in Oakland, Daly City, Marin, and other surrounding areas. But there are neighborhoods with higher rates of homeownership than others, including Bayview-Hunters Point.

BHP has long been a prime spot for low-income homeowners, but it’s slated for extensive new housing construction in the coming decades that could compromise its affordability. It is also an area hit hard by the foreclosure crisis: there have been 2,000 foreclosures in Bayview in the past four years, according to Ed Donaldson, housing counseling director at the San Francisco Housing Development Corporation.

Rising prices and the foreclosure crisis have played a large part in the large-scale African American out-migration that has devastated San Francisco communities in recent decades.

 

 

APARTMENTS OR CONDOS?

One of the biggest points of controversy in the homeownership debate has been the issue of condo conversion, which was brought up again this past week at the Feb. 14 Board of Supervisors meeting, when Sup. Mark Farrell asked Lee if he would support legislation to let 2400 tenancy-in-common (TIC) owners bypass legal limits and fastrack towards condo conversion.

Farrell framed this as “a vehicle to allow residents of our city to realize their goal of homeownership.”

On Jan. 16, the city held its annual condo conversion lottery, in which 200 lucky TIC owners win the chance to convert their units into condos, thereby legally becoming homeowners. TICs and condo conversion have long been fraught with controversy in San Francisco, where there is never enough housing for everyone who wants it.

Condo conversion proponents say that turning a TIC — usually a building that used to be rental housing that has been purchased by a group of people that own it in common — into condos is a cheap way to become a homeowner in a city as expensive as San Francisco.

But tenants rights advocates have long opposed this process on the basis that it depletes the city of its rental housing stock. “When you have more condo conversions, you have more evictions, and it’s harmful to low-income residents” Gullicksen said.

This controversy, and the struggle to maintain a balance between opportunities for homeownership and reasonable rents has raged in San Francisco for years. In 1982, the Board of Supervisors passed a limit of 200 condo conversions per year as a compromise. There are no regulations, however, on converting rental housing to TICs.

“This has come up almost every single year for years and years about this time,” said Peter Cohen, organizer with the Council of Community Housing Organizations.

This year, however, proponents are not simply reiterating a request to bypass the condo conversion lottery. Plan C, a coalition of San Francisco moderates, is pushing for adding a fee to condo conversion, ranging from $10,000 to $25,000, which would go towards an affordable housing fund.

Mayor Lee said that he is open to considering a change in condo conversion policy, “providing it balances our need for revenue for affordable housing, the value that responsible homeownership brings to the city, and the rights of tenants who could be affected by a change in policy.”

 

WHOSE TRUST FUND?

This comes at a time when the city is facing a loss of millions per year for affordable housing with the dissolution of the redevelopment agency (see “Transfer of power, Jan. 31).

That dissolution led to Mayor Lee’s plan for an affordable housing trust fund, to be voted on as a ballot measure this November. The kick-off for that plan also began recently, with a press conference and big-tent meeting to discuss what it might look like.

On the day after the Land Use Committee meeting, where he started the conversation on “middle class” housing, Wiener posed a question to Lee at a Board of Supervisors meeting, asking how the mayor plans to “ensure that the housing trust fund that comes out of the process you have convened will meaningfully address the need for moderate/middle income housing.”

Some are concerned that too much of the trust fund could be allocated outside low-income demographics. “There’s a limited size pie of resources,” Cohen said. “Just in a matter of the last months, we lost the redevelopment agency. The city is madly scrambling to try to replace that through housing trust fund, and working to get us back to somewhere close to where we were…Is that pie, that has dramatically shrunk, going to be stretched further for another income band?”

That question will be important when the proposal goes to vote in November. According to Donaldson, many low-income homeowners will not vote for the measure unless it addresses their needs. The specifics of the measure calling for the trust fund are still being worked out. But, it will likely be funded by an increase of the transfer tax paid when homes change ownership.

Yet that proposal was the subject of an unusual political broadside from the San Francisco Association of Realtors, which last week sent out election-style mailers attacking the idea. “Brace yourself for an unexpected visit from the city’s tax collector,” the mailer warns, showing the hand of government bursting through the wall of a home, urging people to contact Lee’s office.

The measure may also see opposition from low-income communities, especially if, as Wiener has urged in the past week, it allocates a chunk of funds towards middle-income housing.

“It’s hard to find people who will support it. They’re saying, ‘what’s in it for me? Why would I vote for a transfer tax that I’m going to have to pay to help finance the building of affordable housing or middle-income housing. Why support programs that will support middle income people, who make more money than existing homewoners?” explained Donaldson. To agree on a way forward for housing in San Francisco, policymakers will need to reconcile a range of interests. In the worst-case scenario, the profit interests of realtors and developers will overtake the interests of San Francisco families struggling to continue to live in the city they love. But housing advocates are willing to work together to come to a solution. “Let’s put everything on the table, and let’s figure it out. In the spirit of cooperation, and with the understanding that each respective constituent group is not going to get everything that they want, but let’s put all the cards of the table,” said Donaldson.

Wiener wants a sunshine audit

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Sup. Scott Wiener is calling for an audit of the costs of complying with the city’s Sunshine Ordinance — a move that could lead to some great ideas for better public access to records or to a dangerous attack on one of the city’s most important local laws.

I first learned about Wiener’s proposal from the Petrelis Files, which posted Wiener’s letter asking the ciyt’s budget analyst to determine how much each city department spends annually complying with the law, including staff time. That could turn out to be a fairly big number, the sort of thing that will make Matier and Ross and lead to headlines about a few crazy sunshine activists costing the taxpayers millions.

There will be a lot less discussion about the cost to the city and the taxpayers of government secrecy, which Wiener agrees is substantial but can’t be quantified.

Wiener told me he thinks the Sunshine Ordinance is important — “its value goes without saying.” He also said the Sunshine Ordinance Task Force is “poorly run and inefficient.” Wiener, who has been the subject of a sunshine complaint that wound up with the Task Force finding him in violation of the law, said city employees often have to spend hours and hours waiting at Task Force meetings. “They’re collecting overtime and sitting there waiting for their case to be called for five, six, seven hours,” he said. “Then it’s my understanding that sometimes the case doesn’t even get called.”

I called Rick Knee, who has been on the Task Force for many years, and he told me he agreed that there were probably some inefficiencies. But he said that in the past year, there’s been a huge backlog of complaints.

“Maybe that’s because of increased public awareness of the Task Force and the ordinance,” he said. “But I think there’s also an increase in sunshine problems.” Why? Well, for one thing, the Ethics Commission — which has enforcement power — almost never acts on Task Force findings. “The word has gotten out at City Hall that you can violate the sunshine law and skate,” Knee told me.

As for city employees having to wait around all day? “What about the people whose rights have been violated? They have to wait, too, and they aren’t even getting paid.”

No matter what Wiener’s survey finds, it’s pretty clear that the Task Force has saved both the city and the public money by resolving a lot of cases outside of court. Without the Task Force, the only recourse sunshine complainants have is to sue — which costs everyone involved a lot more than a few hours in a hearing room.

I’m not going to argue that the Task Force always operates with maximum efficiency or that there aren’t ways to make the hearings easier on both complainants and respondents. But there’s a much easier solution for everyone involved:

Make it easier to get public records in the first place.

I’ve been reporting on San Francisco City Hall for a long, long time, and I can tell you that, more often than not, it’s difficult and frustrating to get access to even basic records that ought to be handed over instantly. Why waste all of our time? Why not just make every document created by any city employee immediately available in an online database? Easy to do, cheap to do — and simple to check a box that would keep those very, very few records that truly ought to be confidential out of the public eye.

Wiener agreed there was merit to that suggestion, and I hope his audit looks beyond the dollars and cents of city workers complying with a city law and looks at the reason we have all these problems. The best way to save money on sunshine fights is not to force the public to fight to get access to information.

 

San Francisco celebrates same-sex marriage ruling

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While the usual procession of heterosexual couples beamed as they said their wedding vows on City Hall’s Grand Staircase this morning, a historic celebration took place in the South Light Court: hundreds applauded the announcement that same-sex couples are a big step closer to achieving equality in the basic right to marry.

The Ninth Circuit Court of Appeals held today that Proposition 8, which eliminated same sex marriage rights for couples in California, violates the Equal Protection Clause of the U.S. Constitution.

The court ruled that Prop. 8 served no purpose but to discriminate against one class of people, and the Constitution does not allow for “laws of this sort.”

The ruling specifically addressed the arguments advanced by proponents of Prop 8 that gay marriage would interfere with childrearing and religious freedom in the state.

“All parties agree that Proposition 8 had one effect only. It stripped same-sex couples…of the right to obtain and use the designation ‘marriage’ to describe their relationships. Nothing more, nothing less,” the judges wrote.

The ruling does not mean that marriage licenses will immediately be issued to same sex couples. A stay on the ruling has not been lifted. But the stay could be lifted in as early as 21 days from now. But more probably, it will take months or even years; the case is likely to go to the U.S. Supreme Court.

Chief Deputy City Attorney Terry Stewart – the lead attorney that defended San Francisco’s 2004 decision to issue marriage licenses to same-sex couples, which later triggered the Prop. 8 campaign – said the city is eager to see marriage equality, and that “city mechanisms and machinery stand ready to do whatever we can to expedite the process.”

The decision was based partly on logic that, since LGBTQ Californians already have parental rights and the right to domestic partnerships, denying them the right to marry could not be rationalized. City Attorney Dennis Herrera said that this is a “narrow decision,” meaning that if the Supreme Court upholds the ruling, it would apply only to California.

There remains a possibility that the Supreme Court will reject the case, and in that situation the Ninth Circuit decision striking down Prop. 8 would take immediate affect.

Members of the Bay Area coalition of Welcoming Congregations were present at the announcement.

“I’m jubilant,” said Rev. Roland Stringfellow of the Pacific School of Theology in Berkeley. “When it comes to equality, this is something we preach.”

He adding that his church had been performing same-sex marriages since the 1970s, and that he eagerly awaits legal recognition of his own union with his partner.

Sup. Scott Wiener acknowledged, “the fight is not over yet.”

But he said, “Every so often we get a court ruling that reaffirms our faith in the judicial system…this is a time for us to come together and celebrate.”

California political leaders issued several statements praised the court’s decision.

“The court has rendered a powerful affirmation of the right of same-sex couples to marry. I applaud the wisdom and courage of this decision,” said Gov. Jerry Brown.

Mayor Ed Lee issued a statement saying:
“I celebrate the decision by the Ninth Circuit Court today. This is a great day for marriage equality and a great day for California families. The Court affirmed today that there is nothing in the Constitution that allows discrimination and we are on our way to protecting the fundamental rights of everyone in our State. And, we will continue the fight until everyone is treated equally.  

“San Francisco stands ready to begin marrying same sex couples, and we remain as deeply committed to the fight for marriage equality today as we did nearly eight years ago when then Mayor Gavin Newsom started one of the most important civil rights issues of our generation to ensure equality for all.

“I would also like to acknowledge the tireless work of our City Attorney Dennis Herrera and his team in defense of marriage equality and the California Constitution these last eight years. Together, we will take this fight all the way to the nation’s highest court, if necessary.”

Arrest raises doubts about Wiener’s loitering ban

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Bob Offer-Westor, Human Rights Organizer for the Coalition on Homelessness (CoH), was arrested and issued a citation for loitering within half an hour of setting up his tent in Jane Warner Plaza on Friday evening. He demonstrated how the recent push to enact new anti-camping regulations – which the Board of Supervisors is considering this afternoon – will only seek to criminalize behavior already outlawed under s627(e) of the California Penal Code.

Following the incident, CoH claimed in a press release that the reliance by the San Francisco Police Department on PC 647(e) to arrest and cite Offer-Westor for loitering settles the debate by showing that legislation already exists to deal with the problem. But the author of the new regulations, Sup. Scott Wiener, remains unconvinced.

When contacted by the Guardian, Wiener reiterated his view that the claim that his proposal would duplicate existing law is “misinformation” and that existing laws referred to by the CoH either do not specifically relate to the two plazas or are so general as to be inapplicable.

This includes PC 647(e), the provision under which Offer-Westor was arrested, which states that: “Every person who lodges in any building, structure, vehicle, or place, whether public or private, without the permission of the owner or person entitled to the possession or in control of it is guilty of disorderly conduct, a misdemeanor.”

When asked to respond to news of the arrest, Wiener’s position was unshaken and he said that it was not surprising that the police relied on 647(e) as it is the only provision that may apply to camping in the plazas, but that its use by the officers proved nothing.

“Section 647(e) is vague and non-specific. One can argue that it does apply to camping in the plaza and someone could also argue that it does not apply. My legislation would clarify and make it explicit,” Wiener told us. “I would run the bet that if the ticket was taken to court that it would be found to be too vague and would not apply…Police should not have to rely on vague provisions.”

Offer-Westort would like to call Wiener’s bluff. He has sent Wiener – who is an attorney – a copy of his citation and asked the supervisor to act as legal counsel, but has so far received no response, adding that he objects to Wiener’s continuing use of the word “misinformation”.

“It’s amazing to me that he can continue to call this ‘misinformation’ after we have proven it in the real world,” Offer-Westort said.

Earlier this month, more than 20 prominent LGBT activists, including eight former presidents of the Harvey Milk Club, signed a letter outlining their opposition to Wiener’s regulations, saying that the legislation raises the spectre of infamous sit/lie laws which targeted the hippies of the 1970’s but were instead used to drive gay men out of the Castro.

How should San Franciscans vote?

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The Board of Supervisors Rules Committee will consider competing proposals for changing how elections are conducted in San Francisco tomorrow (Thu/26) at 2 p.m., taking public testimony and voting on which ideas should go before voters in June.

Sups. Sean Elsbernd and Mark Farrell propose to end the ranked-choice voting (RCV) system and go back to runoff elections, while Sups. David Campos and John Avalos propose modifying RCV to allow more than three candidates to be ranked and changing the public campaign financing system to make qualifying more difficult and thus thin the electoral herd a bit. They would also consolidate odd-year elections for citywide offices into a single year, a proposal that Sup. Scott Wiener is also offering as a stand-alone measure.

“We believe our current election system fundamentally works. However, we heard concerns from voters during our last election that it was difficult to discern the different ideas and ideologies of the numerous candidates in the race. We are introducing an ordinance today that is designed to address this concern,” Avalos said in a public statement on Jan. 10 when their measure was introduced.

That package came in reaction to the proposal to repeal the RCV system that voters approved in 2002, a campaign that has been strongly promoted for years by political moderates, downtown groups such as the San Francisco Chamber of Commerce, and the San Francisco Chronicle and other mainstream media outlets.

During a forum at the San Francisco Planning and Urban Research Association last week, Elsbernd debated Steven Hill – the author and activist who created the city’s RCV system – on the issue. Much of it came down to differences over how to gauge the will of voters and allow them to make good decisions.

Hill’s argues that runoff elections – which have traditionally been held in December, although the current proposal could create either June/November or September/November elections – tend to have very low turnout of voters (who tend to be more white, rich, and conservative than in general elections). And they are usually dominated by nasty, corporate-funded independent expenditures campaigns designed to sully the more progressive candidate.

“Let’s face it, December was just a terrible time of year for an election,” Hill said, adding that September would be just as bad, June is too early, and both options would also likely have low turnouts.

Hill said that while RCV may have flaws, so does every electoral system, but that RCV is an accurate gauge of voter preference. He displayed charts and statistics showed that the winning candidate in every election since RCV started has won a majority of the continuing ballots, which are those that remain after a voter’s first three choices have been eliminated.

But Elsbernd seized on that idea to say, “Continuing ballots, that’s what this issue is all about.” He made the distinction between continuing ballots and total ballots cast, saying the latter is what’s important and that few winners under RCV receive a majority of total ballots cast.

“Our elected officials should be elected by a majority of the votes cast,” Elsbernd said.

He said that runoff elections offer voters a clear distinction between different candidates and their ideologies, and he even dangled a proposition that might have appealed to progressives in the last mayor’s race: “Wouldn’t we have loved our month of Ed Lee debating John Avalos about the future of San Francisco?”

Elsbernd cited crowded field free-for-all races like the District 10 race of 2010, in which Malia Cohen came from behind to win using RCV, saying they muddy up the contests. “The benefit of the runoff is you get that true one on one,” Elsbernd said, calling for “real discussion, real debates, about what San Franciscans want.”

Yet Hill said the crowded fields of candidates in some recent races wasn’t caused by RCV, a system that promotes real democracy by giving voters more than one choice of candidates rather than being stuck with the lesser of two evils. And rather than showing the problems with RCV, Hill said Cohen’s election (an African-American woman elected to serve a largely African-American district) and that of Mayor Jean Quan in Oakland (who came from behind to beat Don Perata, who many perceived as a corrupt party boss) show how RCV can help elevate minority and outsider candidates.

All those arguments – and many, many more – will likely be made during what’s expected to be a long afternoon of public testimony.

Milk Plaza vote raises public-space issues

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The supervisors will vote Jan. 31 on new rules for the use of Harvey Milk Plaza and Jane Warner Plaza, rules that could have an impact on the future use of small public parklets. Sup. Scott Wiener introduced the legislation, which has stirred up a lot of opposition — and in the end, the decision will probably come down to how Sup. David Chiu decides to vote. Activists involved in the battle say it’s likely the progressives will oppose the measure, and the supervisors who typically side with the more conservative bloc will support it, and Chiu (and maybe Sup. Malia Cohen) will be the swing votes.


There’s an online petition against the measure; you can sign it here.

Strong opposition to Wiener plaza plan

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More than 20 prominent LGBT activists, including eight former presidents of the Harvey Milk Club, have signed a letter opposing legislation by Sup. Scott Wiener that would put some restrictions on the use of the two plazas near Castro and Market.

Harvey Milk Plaza and Jane Warner Plaza are both in an odd legal situation — they aren’t city parks, and they aren’t city streets or sidewalks, so they don’t fit under any existing codes. The park code, for example, bars camping; the sit-lie law applies to sidewalks, but not to these plazas.

So Wiener is seeking some clarity — but his proposal has drawn the ire of the Coalition on Homelessness and the ACLU — and now a group of people who trace their political roots back to Milk, and who say that restricting the use of a plaza with his name is a terrible idea: Here’s their letter:

We, the undersigned members of the Harvey Milk Club, write in opposition to the proposed new regulations for Harvey Milk and Jane Warner Plazas.

We are writing because Harvey Milk’s name is attached to one of the two plazas for which this legislation was written and is a historic space that for decades has been a site of free speech. In the 1970s, Harvey Milk fought against that era’s sit/lie law—a law that had been written to target the hippies of the Haight-Ashbury, but was, in Milk’s day, used as an excuse to attempt to drive gay men out of the Castro. Those of us who have been around long enough, or who are at all in touch with our community’s history, are familiar with the image of Harvey Milk and his megaphone at the plaza which was eventually given his name. To propose to prohibit sitting in that very plaza is not just ironic, it disrespects our community’s legacy.

The interests of the LGBT community have always been united with the interests of public space. As a community that is forced—far too often and for far too long—to spend much of our collective lives “in the closet,” the ability to be free in public spaces has been tremendously liberating. Harvey Milk knew that liberation was only possible if we escaped the shadows of anonymity and invisibility. When we restrict these spaces—even when those restrictions are meant, initially, to be applied to another group of people—we damage ourselves.

We must also recognize that this law does not apply, in any very meaningful way, to another group of people: It applies to us. A great many—perhaps the majority—of homeless people who spend time in the Castro are LGBT San Franciscans, who came from somewhere else, but who came here seeking community and safety. This is most especially notable for the youth of LYRIC. Cuts to the City budget have reduced LYRIC’s drop-in hours to only a few every week. During the other hours, homeless LGBT youth are faced with the choice of either heading to drop-in services in the Mission or Tenderloin—services that are already so overburdened that they must turn clients away, and which likely feel to most youth to be outside of their own communities—or using open spaces in the Castro. With Collingwood Park fenced in, Harvey Milk and Jane Warner Plazas are the last open community spaces in the neighborhood. They are the last places in our community where our community’s most marginalized youth can be.

We have read and share the grave concerns expressed by the ACLU.  Much of the law infringes on important constitutional freedoms, and as they noted, cannot be cured.  We respectfully ask the Board of Supervisors to vote no.

Sincerely,

Tom Ammiano, Assembly member
Harry Britt, Co-Founder, Harvey Milk Club,  Former Supervisor who replaced Harvey Milk on the Board of Supervisors
Cleve Jones, Co-Founder, Harvey Milk Club, Human Rights and AIDS activist, Co-founder of SF AIDS Foundation and AIDS Memorial Quilt
The Harvey Milk LGBT Democratic Club
Stephany Joy Ashley, President, Harvey Milk Club
Gabriel Haaland, Former President, Harvey Milk Club, Former Commissioner
Laura Thomas, Harvey Milk Club member, AIDS activist
Anna Glendon Conda Hyde, Harvey Milk Club member, Commissioner
Esperanza Macias, Former Vice-President, Harvey Milk Club
Eileen Hansen, Harvey Milk Club member, Former Commissioner
Rafael Mandelman, Former President, Harvey Milk Club, Former Commissioner
Gwenn Craig, Former President, Harvey Milk Club, Former Commissioner
David Waggoner, Former President, Harvey Milk Club
Nate Albee, Former President, Harvey Milk Club
Tamara Ching, Harvey Milk Club member
Lisa Feldstein, Harvey Milk Club member, Former Commissioner
Suzanne Rueker, Harvey Milk Club officer
Carol Stuart, Vice-President, Harvey Milk Club
Kim-Shree Maufus, Vice President, Harvey Milk Club, Commissioner
Matt Dorsey, Harvey Milk Club member, SFDCCC
Brian Bassinger, Former President, Harvey Milk Club
Debra Walker, Former President, Harvey Milk Club, Former Commissioner

Supervisors make the Chamber of Commerce happy

7

You want a sense of what’s happened to politics at City Hall? Here you go: the San Francisco Chamber of Commerce is thrilled.


The Chamber just released its 2011 voting scorecard on the Board of Supervisors (which it calls the “Paychecks and Pink Slips Scorecard,” as if most of the stuff the Chamber supports had anything to do with actual job creation), and guess what? The board is more pro-downtown than it has been in a while:


The 2011 year-end scorecard reveals marked improvement in city’s efforts to create jobs and grow the economy. Overall, the Board of Supervisors received a score of 82 percent (equivalent to a B – grade), up from 60 percent (or a D – grade) in 2010. Individual rankings also improved, with five supervisors increasing their scores by at least 15 percent since last year. In 2011, a solid majority of supervisors voted in favor of jobs, the economy and government efficiency more than 75 percent of the time.


The top performer: Sup. Scott Wiener, who voted with the Chamber 88 percent of the time. Second best: Supervisor David Chiu (82%). The worst (or best, depending how you see downtown’s agenda of low taxes, reduced public services and minimual regulations) was Sup. John Avalos, who scored 56%.


The reality is that some of the Chamber’s key votes were relatively noncontroversial things that everone on the board supported — for example, a law sponsored by Sups. Ross Mirkarimi, Eric Mar, David Campos and Wiener making it easier for small cafes and restaurants to host live music and a measure restricting restaurant waste, both of which passed unanimously. There were some votes where nearly everyone opposed the Chamber — the cell phone disclosure requirements and the ban on yellow pages. And on a couple of them, even Chamber darlings Sean Elsbernd and Mark Farrell were on the wrong side — they voted against a tax exclusion for stock options because they wanted even greater tax reductions.


But on the key votes, you can see where the majority of the board lies: Six, sometimes seven votes with downtown, five, sometimes four with the rest of us. Not exactly a progressive majority. 

Should city commissioners live in San Francisco?

14

Overriding the Rules Committee recommendation and dissing Sup. Scott Wiener – who has taken a lead role on protecting nightlife from critical cops and NIMBY neighbors – the Board of Supervisors yesterday voted to appoint Glas Kat Supper Club owner Steven Lee to the Entertainment Commission, even though he doesn’t live in the city and needed a special residency waiver. UPDATE (1/12, 3 PM): Sup. Sean Elsbernd informs us that the City Attorney’s Office has ruled residency waivers can’t be used with Charter Commissions such as Entertainment, thus invalidating this appointment. 

Why would supervisors do so when Castro club owner Tim Eicher, Wiener’s pick and the Rules Committee’s choice, was well-qualified, anxious to serve, and actually lives in the city? Maybe it has something to do with the fact that sources say Chinatown political fixer Rose Pak and Pak protege David Ho are close to Lee and have been lobbying on his behalf. Or that Wiener said Lee supporters have been making the argument that there are already too many gay men on the commission.

“Nightlife issues are important tot he LGBT community,” Wiener said, noting that he was disappointed that Lee supporters have made that argument, particularly because he noted the LGBT people are underrepresented on many city commissions, particularly the powerful Planning and Airport commissions, where there are none.

Whatever the case, it made for a tense discussion at the board yesterday, followed by a vote that didn’t break along normal ideological lines. The motion by Sup. Eric Mar to substitute Lee for Eicher was approved on a 6-5 vote, with Sups. David Campos, Carmen Chu, Sean Elsbernd, Mark Farrell, and Wiener opposed.

Lee supporters noted that he has lived and worked in San Francisco for decades even though he has recently moved down the peninsula to help care for an aging father and disabled brother. For three generations, Lee’s family has been opening and operating businesses in San Francisco, including nightclubs.

“I felt his experience was somewhat superior,” Sup. John Avalos said of his reason for backing Lee.

But those who voted against Lee said it’s a troubling precedent to choose an out-of-towner over a city resident. “To grant a residency waiver for someone when we have a qualified San Francisco candidate is something we just don’t do,” Farrell said.

Sup. Jane Kim cited examples of other appointees that had such waivers, but Elsbernd angrily retorted that those were for seats that no city residents had applied for. And if Sup. Malia Cohen gets her way, there will be even more non-residents being appointed to city commissions. She said that she intends to recommend African Americans who have left the city to serve on various commissions, and she told her colleagues that she expects their future support for that effort.

After the hearing, both Lee and Ho downplayed Pak’s role in the move, telling the Guardian that Lee had key supporters in many of the supervisorial districts. “I’ve been doing this on my own,” Lee said. “I never asked Rose to help me.”

As for his priorities on the Entertainment Commission, Lee said, “Obviously, our main goal is public safety, but also working with the neighbors.”

Battling big box

1

news@sfbg.com   

In neighborhood commercial districts, national chains and other formula retail stores such as PETCO, Target, Subway, Walmart, and Starbucks are hot button issues for residents who don’t want to see San Francisco turn into a strip mall or have local money pulled from the community.

Sup. Eric Mar and other city officials want to make sure local small businesses aren’t being unnecessarily hurt by competition from national chains, which is why he called a hearing on Dec. 5 to discuss big box retailers and their impacts on San Francisco’s small businesses, neighborhoods, workers, and economy.

“There is no vehicle to see the impacts of big business on the city,” Mar told us, saying he is contemplating legislation to do just that.

Mar was part of city efforts to keep formula pet stores from locating in the Richmond area, working with a coalition of pet food small businesses concerned about PETCO and Pet Food Express trying to move into the area. But it isn’t just pet stores.

“There is a perception that Walmart might make a move into the city since we already have stores like Fresh n’ Easy,” Mar’s Legislative Aide Nick Pagoulatos told us.

The city doesn’t have a comprehensive analysis on how these companies impact San Francisco. Mar says he wants to “have a clear scale of their influence and see what we need to do to protect small business in San Francisco.”

History of wariness

In 2004, the Board of Supervisors adopted the first Formula Retail Use Control legislation, an ordinance that “prohibited Formula Retail in one district; required Conditional Use Authorization in another; and established notification requirements in all neighborhood commercial districts.”

The Planning Code changed again after a voter ballot initiative in 2007, Proposition G, required any formula retail use in neighborhood commercial districts to obtain a conditional use permit, which gave neighboring businesses a chance to weigh in during a public hearing.

Mar said the intent wasn’t to bar big box retail from entering the city, but to simply give neighborhoods a voice. But now, he said the city needs to take a more comprehensive look at what’s coming and how they will impact the city.

Small Business Commissioner Kathleen Dooley echoed the concern, which extends even beyond city limits. “I’ve heard through the rumor mill that Lowe’s in South San Francisco is going to close and

Walmart is looking to take that space since they know they’d never get into the city,” she told us. “It’s bad enough that Target is opening stores [in San Francisco]. They are the quintessential big box because they sell everything.”

Target is in the process of opening a massive store inside the Metreon in SoMa, and another store at Geary and Masonic. Mar isn’t diametrically opposed to the big box industry, but he thinks those companies should be appropriately situated.

“I’ve seen that people in Richmond are positive toward big box like Target coming into the district, but some are nervous that it will take down business,” he told us. “There are some property spaces that are supposed to be for big box, like the property at Geary and Masonic where the old Sears and Toys”R”Us used to be.”

But it’s not easy to figure out what other big box stores have their sights set on the city. The Planning Department’s list of projects in the pipeline aren’t always filed under the name of the business, making it difficult to stay vigilant.

For example, while application #3710017 at 350 Mission Street describes the project as a “95,000 sq. ft. building of office, retail and accessory uses,” it isn’t clear what businesses are actually setting up shop. And these days, some big box stores are coming in smaller boxes.

Prototype stores such as Unleashed by PETCO are specifically designed to squeeze into smaller property spaces so they can get into neighbor corridors that are typically reserved for small businesses.

More help needed

During the Dec. 5 hearing before the Land Use and Economic Development Committee, Sup. Scott Wiener echoed Mar concerns, commenting that he wants to see how the Planning Commission could “improve the Conditional Use process since we see a pushback of strong neighborhood activity.”

Dooley recalled an issue from 2009 when the Small Business Commission formally asked the Planning Commission not to authorize a PETCO in the Richmond because “the surrounding area was already well served by pet stores.” The board ultimately stopped PETCO, but Pet Food Express did locate a store nearby, which Dooley said has already taken a toll on the locally owned pet food suppliers.

“Big box stores carry a huge number of products that impact other stores,” she said. “Big box is a category killer in the neighborhood…the Planning Commission needs new criteria for formula retail because there are several different types.”

Some superstores require parking lots, taking up additional land, and increasing traffic in certain neighborhoods. Yet one trait that most chain stores have in common is that they extract more money from San Francisco than locally owned businesses, whose revenues tend to circulate locally.

“With every dollar spent at local stores, 65 cents will go back into the community, while only a quarter will be returned from a big box.” Rick Karp, owner of the 50-year-old Cole Hardware, said at the hearing, citing various studies on the issue.

Small business owners are asking for economic impact reports to be included in project applications from chain stores to see just how they measure up to their locally owned counterparts.

When Lowe’s entered his district, Karp says he lost 18 percent of his business and was forced to eliminate six full-time jobs. He appealed to city officials to “keep big box out of San Francisco because it impacts the efficacy of neighborhood shopping.”

Once chain stores puts the locals out of business, the consumer is stuck with set prices and reduced variety. But critics say it isn’t just consumers and small business owners who suffer, but workers as well. They singled out Walmart as notorious for union-busting and poor labor standards.

“We can use our land use ordinances and powers to set a basic minimum labor standard. Big box must abide by that and also include health care if implemented in local government [legislation],” Mar said.

But Steven Pitts, a labor policy specialist at UC Berkeley, told us there is a connection between low prices and low wages.

“People who work at Walmart are poorer than those who shop there,” he told us. “Therefore, if prices were raised to increase wages for employees, the burden wouldn’t be on people of lower income.”
Opposing Walmart

To illustrate how Walmart would adversely affect San Francisco’s workforce, the hearing included two employees of Walmart, Barbara Collins and Ronald Phillips from Placerville, who helped create Organization United for Respect at Walmart (OURWalmart) to push for better benefits and labor standards.

“We want to hold Walmart accountable,” said Collins, whose last annual income from Walmart was $15,000 annually, a salary she realized couldn’t support her four children. “Walmart says they pay living wages. No, they don’t.”

Phillips said that Walmart has “a tendency to fire people for any reason and then does not have to pay for the benefits… I was one of these people, but I was rehired.”

For the past three months, Phillips says she has worked at least six days and 40 hours per week, but that she still qualified for welfare assistance.

Also at the hearing, SF Locally Owned Merchants Alliance unveiled a study showing that formula retail costs nearly as many jobs as it creates. A domino effect occurs when stores close because fewer customers circulate to other nearby stores.

But the group noted that consumer habits are probably even more important than city regulations. The SFLOMA study found that if 10 percent of San Franciscans shifted their spending to locally owned small businesses, consumers would create 1,300 jobs and $190 million in the city.

And that would be good for everyone: owners, consumers, and workers. Steven Cornell, owner of Brownie’s Hardware, said that small business pays good wages, typically above the minimum wage, as well as sick leave, health coverage, and other benefits. As he told the hearing, “Local businesses have been doing this for 20 to 30 years since we are already invested in the community.”

A step forward and step back for SF’s homeless families

26

As San Francisco grapples with a record-high number of homeless families seeking shelter space during the holiday season, a pair of homeless policy discussions at yesterday’s Board of Supervisors meeting highlighted shortcomings and missed opportunities in the city’s approach to the issue.

Mayor Ed Lee announced that he is opening up more shelter space and public housing units for homeless families, finally relenting to weeks of pressure to address the pressing problem. Yet the board also narrowly approved turning surplus city property over to neighborhood residents rather than using proceeds from selling it to benefit homeless families, as city policies call for.

The property in question, 341 Corbett Avenue, is a vegetated hillside near Upper Market that the city declared a surplus property in 2004, transferring it to the Mayor’s Office of Housing to either develop as housing for poor families or to put the proceeds from its sale toward that purpose. Providing housing for the homeless is what city policy calls for surplus property to be used for, according to 2002’s Surplus City Property Ordinance. The property was assessed at $2.2 million, but it wasn’t developed because of costs associated with the steep hillside, nor was it listed for sale.

Neighbors of the property have sought to use the property for open space and a community garden, so the district’s Sup. Scott Wiener authored legislation to facilitate a community garden by transferring it to the Department of Public Works. The transfer would involve no money, leaving homeless advocates concerned about depriving homeless families of any revenues from the property.

“There are a lot of public assets we could sell if we wanted to fund this need or that,” Wiener told his colleagues, noting that neighbors would rather see a community garden on the site and that Upper Market lacks adequate open space.

But Sups. Jane Kim and Eric Mar led the opposition to the move, saying they didn’t object to that kind of community use of this property, but that city policies need to be followed, particularly considering the dire need for more resources to address the needs of homeless families. “I do have concerns about the precedent we set and also being consistent,” she said, arguing for a delay in the action until city officials find a way to compensate MOH for at least some of the property’s value.

“Overriding the surplus property ordinance is not something I want to do right now,” Sup. John Avalos said.

But the board voted 6-5 to approve the transfer, with progressive Sups. Kim, Avalos, Mar, David Campos, and Ross Mirkarimi in dissent. Housing advocates upset by the action directly their ire at the swing vote, one-time progressive Sup. David Chiu, with activist Tommi Avicolli Mecca sending out an e-mail blast saying, “david chiu betrayed us again — he wouldn’t support continuing the 341 Corbett item so that affordable housing advocates could try and work out a better deal with the Mayor’s Office on Housing and others.”

Meanwhile, the skyrocketing number of homeless families has become a big issue in town since the Guardian broke the story on Oct. 13, with repeated stories in the Chronicle, Examiner, and other media outlets, and homeless advocates staging rallies outside City Hall and unsuccessfully pushing for a meeting with Mayor Lee on the issue.

During yesterday’s monthly mayoral question time, Kim asked Lee what he was doing to address the “alarming rate” of homeless families in the city – with 267 families now on a wait list for emergency shelter space, a 356 percent increase since 2007 – specifically challenging him to expand the city’s Rental Subsidy Program by 50 families and open new emergency winter shelters. She also noted three recent suicides in the city by individuals facing homelessness.

“I share your concern about family homelessness in San Francisco. My staff has been hard at work for a long time now trying to proactively respond to this very serious challenge and I’m proud to offer some very constructive, tangible solutions,” Lee said. He announced that his administration had just this week starting expediting the placement of homeless families into vacant public housing units, with 18 families now being processed and a goal of placing about 30 of the 79 families now in shelters into public housing units.

Lee also said that SalesForce.com CEO Marc Benioff is donating $1.5 million to the Home for the Holidays program the city is creating to provide rent subsidies and case management to 160 families, a donation that the city will match. “Their generosity is inspiring,” Lee said.

He also pledged to open up an unspecified number of new family shelter spots and, somewhat bizarrely, tried to wrap this issue into his relentless focus on promoting private sector job creation, mostly through tax breaks that actually cut into the city’s ability to provide direct assistance to homeless families. As Lee said, “The long-term goal is to increase these families’ incomes and to place them into permanent unsubsidized housing.”

Rank complaints

27

steve@sfbg.com

Even before all the votes had been cast on election day, the two most conservative members of the San Francisco Board of Supervisors proposed a ballot measure to repeal the city’s ranked-choice voting (RCV) system, prompting all the usual critics of this voter-approved electoral reform to denounce it as confusing and undemocratic.

Those same two supervisors, Sups. Sean Elsbernd and Mark Farrell, were also the ones who unsuccessfully pushed for a weakening of the public financing system last month, changes that will likely be wrapped into discussions in the coming weeks over how elections are conducted in the city. And progressive supporters of both systems warn that district supervisorial elections will probably be the next target of this concerted push to roll the clock back on electoral reforms in the city.

"The [San Francisco] Chronicle and the [San Francisco] Chamber [of Commerce] have been at it from day one," Steven Hill, who helped crafted both the RCV and public financing systems, told us. "They’re really clear about what they want to eliminate, so we should be clear about what we need to defend and we can’t get confused by this."

Indeed, the Chronicle ran an editorial Nov. 14 advocating the repeal of ranked-choice, calling it "a fundamentally flawed system that is fraught with unintended consequences." The paper, as well as its allies at the Chamber and other downtown institutions, has been equally vociferous in criticizing public financing and district elections.

Hill said that’s because moneyed interests prefer systems that they can manipulate using the millions of dollars in unregulated independent expenditures they can summon — an ability they demonstrated again in his election on behalf of Mayor Ed Lee — such as low-turnout runoff elections, citywide supervisorial races, and elections without the countervailing force of public financing. "They’ve been doing this steadily and looking for ways to chip away at it," Hill said.

But conservatives aren’t the only ones raising questions about RCV; some progressives say the system needs adjustment, too.

Although Farrell opposes all three of those electoral reforms, he insists that his concerns about RCV are about voter confusion and the perception that winners don’t have majority support and could be viewed as illegitimate. "There is just so much voter confusion out there," Farrell said, citing comments from voters who don’t understand how their votes are tabulated to produce a winner.

Hill counters that voters do have a clear understanding of how to rank their choices, downplaying the importance of whether they understand all the details of what happens next. But Farrell said that and the majority rule issue have undermined people’s faith in the elections.

"People get very upset when they realize someone didn’t get a majority of the vote," he told us, referring to how the majority threshold drops as voters’ top three candidates are eliminated. "To me, it’s just simpler to go back to the runoff system."

Many moderate politicians agree. "I don’t like ranked choice voting and I never have," City Attorney Dennis Herrera, who finished third in the mayor’s race, told us on election night. "I defended it all the way to the 9th Circuit [Court of Appeals in his role at City Attorney], but I think it’s bad policy."

Sup. Scott Wiener, a Herrera supporter we spoke to at the same election night party, also wants to see a change. "I supported ranked-choice voting and until recently I continued to support it, but this race changed by mind," Wiener said, attributing the large mayoral candidate field and free-for-all debates to RCV. "There is no way most voters will be able to distinguish among the candidates."

But Hill says it’s a mistake to attribute the large field to RCV, or even to the public financing system that some are also trying to blame, a problem he said can be addressed in other ways, such as changing when and how candidates qualify for public matching funds.

Wiener said he hasn’t made up his mind about repealing RCV, and he said that he absolutely opposes a return to the December runoff election. One alternative he suggested was a system like that in place in New York City, with the initial election in September and the runoff during the general election in November. But he does think some change is needed, and he’s glad Elsbernd and Farrell proposed an RCV repeal.

"They’re starting a conversation with the repeal, but that’s not where it’s going to end," Wiener said.

Indeed, the system still has the support of most progressives, even Sup. John Avalos, who finished second in the mayor’s race and would now be headed into a runoff election against Ed Lee under the old system. "I continue to support ranked choice voting," Avalos told us. It takes six supervisors to play the charter amendment repealing RCV on the ballot.

Sup. Ross Mirkarimi, who was narrowly elected sheriff in the ranked-choice runoff despite a 10-point lead in first place votes, said of the Farrell and Elsbernd proposal, "I do want to hear their criticisms."

"I understand the larger discussion, which was a bit of a misguided approach that some of our colleagues used to go after ranked choice voting on election day," Mirkarimi said. "But they are good politicians and they seized an opportunity."

Mirkarimi did say he was open to "maybe some tweaks. I do think ranked choice works better when you have many choices." Others, such as former Sup. Matt Gonzalez, have also recently advocated a ranked-choice system that allows more choices, which would address the majority-vote criticism because fewer ballots would be exhausted.

Hill said the legislation that voters approved back in 2002 already calls for more choices, but the technology used in the city’s current system only allows three choices. Yet he said the city’s vendor, Dominion Voting Systems, has developed a system allowing up to 11 choices, for which it is currently seeking federal certification.

Although he said various tweaks are possible, "I think the system worked well in this election," Hill said, noting that few San Franciscans would have wanted to drag this long campaign out by another month or to pay for another election.

On Guard!

4

news@sfbg.com

 

VICTORY’S MUDSLINGING

Hit pieces are common in San Francisco politics. So, sadly, are negative mailers funded by outside independent expenditure committees that can raise unlimited money.

But it’s highly unusual for an organization devoted to electing queer candidates to fund an attack on a candidate who is endorsed by both leading LGBT organizations and is, by all accounts, an ally of the community.

That’s what happened last week when the Washington-based Victory Fund — the leading national organization for LGBT political candidates — sent out a bizarre mailer blasting City Attorney Dennis Herrera for taking money from law firms that do business with the city.

The Victory Fund has endorsed former Sup. Bevan Dufty, who is the most prominent LGBT candidate in the mayor’s race. That’s to be expected; it’s what the Victory Fund does.

But why, in a race with 16 candidates, would the fund go after Herrera, who has spent much of the past seven years fighting in court for marriage equality? Why try to knock down a candidate who has the support of both the Harvey Milk Club and the Alice B. Toklas Club?

It’s baffled — and infuriated — longtime queer activist Cleve Jones, who is a Herrera supporter. “I have long respected the Victory Fund,” Jones told us. “But I’ve never seen them do what they did here. And it’s going to undermine the fund’s credibility.”

Jones dashed off an angry letter to the fund’s president, Chuck Wolfe, saying he was “appalled that this scurrilous attack, in the waning days of a mayoral campaign, would go out to the San Francisco electorate under the name of the Victory Fund.

“You really screwed up, Chuck, and I am not alone in my anger.”

We couldn’t get Wolfe on the phone, but the fund’s vice president for communications, Denis Dison, told us that the mailer “is all about fighting for our endorsed candidates.”

So how does it help Dufty, in a ranked-choice election, to attack Herrera? (In fact, given the dynamics of this election, the person it helps most is probably Mayor Ed Lee). Dison couldn’t explain. Nor would he say who at the fund decided to do the attack mailer.

But there are a couple of interesting connections that might help explain what’s going on. For starters, Joyce Newstat, a political consultant who is working for the Dufty campaign, is active in the Victory Fund, sits on the board of the fund’s Leadership Institute, and, according to a March 24 article in the Bay Area Reporter, was among those active in helping Dufty win the Victory Fund endorsement.

But again: Supporting Dufty is one thing. Attacking Herrera is another. Who would want to do that?

Well, if there’s one single constituency in the city that would like to sink Herrera, it’s Pacific Gas and Electric Co. And guess what? PG&E Governmental Affairs Manager Brandon Hernandez chairs the Victory Fund’s Leadership Institute. PG&E’s corporate logo appears on the front page of the fund’s website, and the company gave the Victory Fund more than $50,000 in 2010, according to the fund’s annual report.

Dison insisted that neither Hernadez nor anyone else from PG&E was involved in making the decision to hit Herrera and said the money went to the Leadership Institute, which trains LGBT candidates, not directly to the campaign fund.

Maybe so –- but the folks at the private utility, who are among the top three corporate donors to the Victory Fund, have to be happy. (Tim Redmond)

 

 

HERRERA HIT BACKFIRES

Herrera was also the target of another attack on his LGBT credentials last week, this one by the San Francisco Chronicle, which ran a front page story on Oct. 26 in which anonymous sources said he raised doubts in private City Hall meetings about San Francisco’s decision to issue same-sex marriage licenses in 2004. It was entitled, “Fight turns ugly to win gay votes in mayor’s race.”

Despite trying to couch the hit in passive language, writing that ” a surprise issue has emerged” based on accusations “leveled by several members of former Mayor Gavin Newsom’s administration,” it was clear that it was the Chron that made it an issue, for which the newspaper was denounced by leaders of the LGBT community from across the political spectrum at a rally the next day.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Mayor Ed Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporter — really? — this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.” She also tried to cast the article as something other than a political attack, saying it was about an issue of interest to the LGBT community, but no LGBT leaders have stepped up to defend the paper.

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning — from the beginning — and I’ll be there in the end.” (Steven T. Jones)

 

 

BUYING REFORM

UPDATE: THIS ITEM HAS BEEN CHANGED FROM THE PRINT VERSION TO CORRECT INACCURATE INFORMATION DEALING WITH WHETHER PAST INIATIVES CAN BE CHANGED

October yielded tremendous financial contributions from real estate investors and interest groups for Yes on E, feeding fears that the measure will be used to target rent control and development standards in San Francisco.

Sup. Scott Wiener has been the biggest proponent for Prop E since May 2011. He argues that the Board of Supervisors should be able to change or repeal voter-approved ballot measures years after they become law, saying that voters are hampered with too many issues on the ballot. Leaving the complex issues to city officials rather than the voters, makes the most sense of this “common sense measure”, Wiener calls it.

But how democratic is a board that can change laws approved by voters? Calvin Welch, a longtime progressive and housing activist, has his own theory: Wiener is targeting certain landlord and tenant issues that build on the body of laws that began in 1978, when San Francisco voters first started adopting rent control and tenants protection measures. Yet the measure will only allow the board to change initiatives approved after January 2012.

“That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said. Critics say  the measure will leave progressive reforms vulnerable to a board heavily influence by big-money interests. Although Wiener denies Prop E is an attack on tenants, who make up about two-thirds of San Franciscans, the late financial support for the measure is coming from the same downtown villains that tenant and progressive groups fight just about every election cycle. High-roller donations are coming straight from the housing sector, which would love a second chance after losing at the ballot box.

Contributions to Yes on E include $15,000 from Committee on Jobs Government Reform Fund, $10,000 from Building Owners and Managers Association of SF PAC, another $10,000 from high-tech billionaire Ron Conway, and $2,500 from Shorenstein Realty Services LP. Then — on Oct. 28, after the deadline for final pre-election campaign reporting — the San Francisco Association of Realtors made a late contribution of another $18,772, given through the front group Coalition for Sensible Government.

Prop. E is organized so that the first three years, an initiative cannot be subject to review. However after four years, a two-thirds majority vote by the board could make changes, and after sevens years, a simple majority could do so.

 (Christine Deakers)

SF supervisors support OccupySF’s 24/7 encampment

56

The San Francisco Board of Supervisors today approved a resolution supporting Occupy Wall Street and the right of OccupySF to maintain a 24/7 encampment in Justin Herman Plaza, although sponsors of the measure narrowly lost a fight over amending the measure to allow police to use force if “there is an objective threat to safety or health.”

The sponsors of the measure – Sups. John Avalos, David Campos, Eric Mar, and Jane Kim – noted that heath and safety concerns were used as a pretext for both police raids on OccupySF and for last week’s violent police crackdown on the Occupy Oakland encampment, something San Francisco officials uniformly say they want to avoid here. Those four sponsors were joined by Sup. Ross Mirkarimi in opposing the amendment by Sup. Scott Wiener, which passed on a 6-5 vote.

But the overall measure – which urges Mayor Ed Lee to drop his opposition to tents and other camping infrastructure and not order another police raid on the camp – was then approved on an 8-3 vote, with Sups. Mark Farrell, Carmen Chu, and Sean Elsbernd in dissent. Farrell and Chu both expressed support for the movement’s call for addressing severe economic inequities in the country, but they oppose the tactic of occupation.

Board President David Chiu, the swing vote on allowing the resolution to be watered down, said his vote was an effort to get as much support for the measure as possible. “For me, it was important to build consensus here at the board,” he said, praising the work that city officials and OccupySF participants have done to resolve their differences. “I have been very impressed with the behavior of individuals involved in this movement.”

Wiener had made a number of amendments to the resolution that Avalos accepted without objection, drawing the line only at the change that would specifically allow for police to use force to dislodge the protesters. While the nonbinding resolution doesn’t compel any action by Lee or the SFPD, Avalos praised the mayor for meeting privately with OccupySF members after he seemed to take a firm public stand again allowing camping.

“I do want to thank the mayor for coming to the table on how our public spaces can be used,” Avalos said. Kim echoed the point, noting that, “A ton of progress has been made.” The Mayor’s Office has not yet responded to Guardian requests for comment on the resolution or his current position on OccupySF, but we’ll update this post when we hear back.

Wiener and others also thanked Avalos for taking the lead role in addressing this issue. “I want to thank Sup. Avalos for being so open and collaborative,” Wiener said, noting that he’s been very impressed with how OccupySF has handled itself throughout the standoff. “I’m very supportive of OccupySF…It’s been incredibly peaceful and people have been friendly and passionate.”

LGBT leaders denounce attack on Herrera by the Chronicle

20

Leaders of the LGBT community from across the political spectrum yesterday denounced the San Francisco Chronicle and the anonymous sources it relied on to question City Attorney Dennis Herrera’s early support for legalizing same-sex marriage, calling the paper’s front page article a thinly veiled political hit piece designed to hurt Herrera’s mayoral campaign.

That strong showing of support in the LGBT community and the view offered by many that the attack came from supporters of Mayor Ed Lee – including top former Newsom Administration officials, some of whom now work for Lee – could not only mitigate damage from the article but further sully a Lee election effort that is already marred by allegations of vote tampering, money laundering, and deceptive campaign tactics.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporters – really? – this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article and disputed the political motivations of its sources. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.”

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Ammiano also noted that even if Herrera raised doubts in early meetings, that was entirely appropriate given his role as city attorney. “Even if there are some questions, they’re about helping, not hurting,” he said, expressing disgust at the Newsom Administration officials for turning on someone who was instrumental to defending the decision: “In my day, you valued your friendships.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning – from the beginning – and I’ll be there in the end.”

Alerts

0

steve@sfbg.com

 

MONDAY 3

CMAC mayoral forum

San Francisco Police crackdowns on nightclubs and private parties, with the tactic and sometimes overt support by then-Mayor Gavin Newsom, led to the creation of the California Music and Culture Association to advocate for the city’s nightlife (see “The new War on Fun,” 3/23/10). Now, CMAC is hosting a mayoral candidate forum to gauge how the next potential inhabitants of Room 200 feel about issues relevant to party-goers and -throwers. The event will be moderated by Priya David Clemens and will feature remarks by Lyrics Born and Sup. Scott Wiener and musical performances by Bob Mould and Zoe Keating.

6-9 p.m., free

The Fillmore

1805 Geary, SF

rsvp to sfmayoralcandidateforum.eventbrite.com

 

The state of labor

Wilma Liebman, former chair of the National Labor Relations Board, gives a talk entitled “The Battle for a Fair and Realistic National Labor Policy.” Liebman stepped down as chair last month — after 14 years serving on the board, the third longest serving member in its history — during one of the most turbulent years in the body’s history. The event, sponsored by SF State’s Labor and Employment Studies Program, is the first Gerald McKay Memorial Lecture.

6-8 p.m., free

SF State’s Downtown Campus

885 Market, 5th Floor, SF

817-4300

rsvp to jlogan@sfsu.edu

 

 

New Coffee Party

The Coffee Party, a consensus-seeking political group formed in reaction to the reactionary Tea Party, is in transition. The leaders of the former SF Coffee Party Group have now dubbed themselves The Bay Area Circle and they’ll meet to decide on a new name and direction for a group that seeks to bring together people of various views around a common agenda.

6:30-8 p.m., free

Cafe La Boheme

3318 24th St., SF

thebayareacircle@yahoo.com

 

TUESDAY 4

Organizing in radical times

Authors Amy Sonnie and James Tracy will discuss their new book, Hillbilly Nationalists, Urban Race Rebels and Black Power: Community Organizing in Radical Times (Melville House Publishing, 2011), in conversation with Roxanne Dunbar Ortiz. The books shows how the protest movements of the New Left in the ’60s spawned future organizing efforts that have been challenging right-wing networks over a range of important issues vital to the direction of the country. Afterward the talk, attendees will cross the street to the Buck Tavern for a beer bash benefiting the SF Community Land Trust and Jobs with Justice SF.

7 p.m., free

Green Arcade Books

1680 Market, SF

sonnieandtracybook.com

Will politicians get veto power over the voters?

14

Political interest groups of all stripes generally hold the “will of the voters” to be sacrosanct and not something that should be arbitrarily trifled with by mere politicians. Right or wrong, it’s commonly accepted that if voters do something, only they should be able to undo or modify it. And certainly, if that standard is going to be changed, someone ought to put forward a pretty damn good reason for doing so.

Which is why we and other City Hall watchers have been perplexed over these last few months as Sup. Scott Wiener has pushed a ballot measure that would give the Board of Supervisors the power to alter voter-approved measures after three years, which will go before the board tomorrow (Tues/19) for possible placement on the November ballot.

Aside for a general desire to clean up unspecified minor clutter from the city codes, Wiener hasn’t really offered much of a rationale for this big change, or said what laws he has in his sights. That’s caused groups on both the left and the right to view it with great suspicion, for good reason. It’s been amended many times to address the understandable panic about the bedrock principles that it could alter, changing its effective date and going back-and-forth on whether it should apply to voter-initiated measures, finally settling on restricting it to just measures introduced by the board or mayor and taking effect after January 2012.

But as indicated by comments Sup. Sean Elsbernd made at the Rules Committee hearing and with an editorial supporting Wiener’s measure in Friday’s San Francisco Chronicle (which is often a sign of funny business being cooked up downtown), at least some of the rationale is to overturn a trio of progressive fall ballot measures that they don’t like, even before voters have said whether they want them. And that’s not a good sign, no matter how you feel about those measures.

As much as we would all love to empower legislators to go after voter-approved measures that we don’t like – for example, our state would be in much better fiscal shape if the Democrat-controlled Legislature would tweak Prop. 13 – that’s just not how things are done in a democracy. And if undoing every significant progressive reform that voters have approved over the years was suddenly a possibility on any given Tuesday, Wiener will have seriously raised the stakes at City Hall.

With campaign finance laws under attack by conservative judges and rich corporations and individuals wielding ever more power over our elections, the prospect that decades worth of reforms would suddenly be on the table in each district supervisorial race is truly scary. And we’re going to open up this can of worms based simply on the small bureaucratic nips and tucks that Wiener is citing? That just doesn’t make sense. Yup, there’s definitely some funny business going on here.

Private cops at SF General?

26


Truly astonishing moment at the June 23 Budget Committee hearing. The director of Public Health, Barbara Garcia, actually testified that San Francisco General Hospital would be better off with private security guards instead of sheriff’s deputies — because the deputies were only able to follow the law.


You can watch the video here. The discussion starts at 4:49. It begins with Sup. Scott Wiener, is his quiet Scott Wiener way, asking Garcia to talk about the plan to contract out hospital security.


Garcia first insisted that this was a way to save $2 million that would prevent further cuts to health programs. That’s always the primary argument for contracting out.


But then she went a step further.  An outside company, she said, could provide better security — because the (low paid, poorly trained) guards will be able to operate without the restrictions of being peace officers. “There are some restrictions on [the deputy sheriffs’] ability to restrain patients,” she said.


That wasn’t a slip of the tongue — Gregg Sass, the chief financial officer, repeated it again. “If a patient isn’t breaking the law,” he said, “a deputy sheriff won’t intervene.” More: “Private security can intervene. They’re not bound by the same limits that a deputy sheriff is bound by.”


Both Garcia and Sass noted that they wanted security officers who reported directly to them, not to an elected sheriff.


Am I the only one who thinks this is a little weird?


The money thing I understand. I don’t agree — often these supposed savings don’t show up in the end, and besides, do we really want people who get paid $13 an hour without benefits handling security at SF General? But I understand the argument.


On the other hand, the notion that peace officers have to follow rules, and so we should have people who don’t have to follow rules instead strikes me as pretty disturbing. And I’m not sure how true it is: Can a security guard hold and restrain a patient who hasn’t broken the law and isn’t covered by a legal order like a 5150?


I don’t think so. The folks at SEIU Local 1021 don’t think so, either: A flier the group put out notes that:


The issue of Sheriff’s Dept. having legal restraints applies equally to all employees. If there is no 5150 or 5250, no-one has a right to restrain the patient against their will; but a well trained Institutional Policeman can gently persuade a patient with Alzheimer’s to return to their unit.


And I have to say, the notion of having the Department of Public Health oversee a security force (instead of the Sheriff or the Police Department) is disturbing, too. The worst problems in police abuse tend to come from little fiefdoms that aren’t propertly managed — the BART Police, for example, and housing and transit cops in other jurisdictions. Nobody at DPH is trained to manage a security force.


What, exactly, are these (low paid, poorly trained) security guards going to do — grab patients who complain about waiting six hours to see a doctor and “restrain” them? What happens when somebody actually does commit a crime (or brings a gun or a knife into the hospital)? The guards can’t make an arrest. So they call the cops — who come, in due time, but maybe not quickly enough to prevent a disaster. And, of course, we then pay the cops to come and make the arrest.


I haven’t been able to reach Eileen Shields, the public information officer at the Health Department, but I can tell you: The language that her boss used at the Budget and Finance Committee was pretty frightening.


UPDATE: Shields sent me over Garcia’s memo on this, which lays out the case. It pretty much says it all: 


There are times when  patients are unable to control their behavior due to acute medical       
 illness, such as delirium or brain injury. These patients may present a   
 serious risk to their own safety as well as to the safety of other       
 patients and hospital staff.                                             
                                                                           
 These situations are not the result of – nor do they result in – illegal 
 activity. This puts the Sheriff’s deputies, whose responsibility is to   
 uphold the law, in a difficult situation when they are confronted with   
 potentially harmful (but not illegal) situations caused by acute,         
 non-psychiatric medical conditions. Outside security firms do not operate 
 under the same constraints. Instead, they function as members of the     
 health care team whose responsibility is to enforce hospital policy. They 
 are charged with ensuring a safe environment and can act with greater     
 freedom to ensure safety within the limits of the law but without the     
 additional requirements and expectations placed upon a law enforcement   
 officer.
 

Tipping point

3

sarah@sfbg.com

On June 14, members of the Board of Supervisors will vote to appoint a new member of the Police Commission — in the wake of a messy string of alleged police misconduct scandals that, progressives argue, underscore why having strong civilian oversight is critical to ensuring a transparent, accountable police department the public can trust.

The appointment comes less than two months after San Francisco native Greg Suhr was sworn in as chief in the wake of Mayor Gavin Newsom’s decision to appoint former Chief George Gascón as the next district attorney — a move that has served to muddy the D.A. Office’s efforts to investigate the alleged police misconduct.

Further complicating the board’s choice is the heated battle that erupted over the appointment, led in part by members of two Democratic clubs that represent lesbian, gay, bisexual, and transgender communities.

The Alice B. Toklas LGBT Democratic Club has officially endorsed Julius Turman, a gay attorney and community activist who was a former assistant U.S. attorney and the first African American president of the Alice club. Turman currently works for Morgan, Lewis & Bockius, where he represents companies in actions for wrongful termination, employment discrimination, and unfair competition. He is also state Sen. Mark Leno’s (D-SF) proxy to the San Francisco Democratic County Central Committee and serves on the Human Rights Commission.

On the other side, members of the Harvey Milk LGBT Democratic Club, the voice of the city’s queer left, are supporting David Waggoner, an attorney and community activist who is a former Milk Club president. Waggoner has worked on police use-of-force policy and as a pro bono attorney for the National Lawyers Guild at the Oakland Citizen’s Police Review Board, and been a passionate advocate for the LGBT community, immigrants’ rights, people with disabilities, and the homeless.

The other two applicants for the post are Vanessa Jackson, a staffer at a women’s shelter with experience in counseling ex-offenders; and Phillip Hogan, a former police officer who serves on the board of the Nob Hill Association and has been trying to get on a commission for years.

Although both Jackson and Hogan have diverse experience with law enforcement — Jackson as an African American woman who claims the police have “no respect for people of color” and Hogan as a former police officer of Lebanese-Irish descent who manages real estate — neither has the support of the LGBT community. The position occupied by Deputy District Attorney James Hammer for the last two years, and Human Rights Commission director Theresa Sparks occupied before that, is widely considered to be an LGBT seat.

 

WHO’S THE REFORMER?

So now the fight is about whether Turman or Waggoner would be the strongest reformer.

In a recent open letter, former Board Presidents Harry Britt, Aaron Peskin. and Matt Gonzalez expressed support for Waggoner. “While most hardworking police officers perform their jobs admirably, insufficient oversight and poor management systems have led to significant problems,” their letter stated. “Despite these widely reported problems, the Police Commission has failed to adequately address these issues. San Francisco needs real reform, not more of the same. We believe David Waggoner will be that voice at this critical time.”

At the June 2 Rules Committee hearing, Waggoner proposed taking away master keys to single-resident occupancy (SRO) hotels from the police. “Significant abuse of that resulted in seriously tarnishing the department,” he said.

Turman made an equally impassioned — if less stridently reformist-sounding — speech. “Why would we allow an officer to enter a home, regardless of the master key rule, which I’m not a fan of?” Turman asked. He also said Tasers are dangerous weapons with unintended consequences. “I fear communities of color will suffer more from Taser use.”

Waggoner’s supporters noted that their candidate has more than 15 years of police accountability experience. Turman’s supporters vouched for his integrity, maturity, ability to build consensus, and “belief in strategically serving his community.”

In the end, Sups. Sean Elsbernd and Mark Farrell voted for Turman, while Rules Committee Chair Sup. Jane Kim voted for Waggoner.

That means Turman’s name has been forwarded to the full board with a recommendation. But because the Rules Committee interviewed all the candidates, the board can still appoint any of them.

At the Rules Committee, Sup. Scott Wiener voiced support for Turman. And Board President David Chiu recently told the Guardian that he has known Turman for years, has worked with him professionally, and will vote for him. “I found him to be fair, thoughtful, and compassionate,” Chiu said, noting that he believes the role of the commission is “to provide oversight and set policy.”

Sup. David Campos, one of the solid progressive votes on the board and a longtime Milk Club member, believes Waggoner would make an excellent commissioner but is a friend of Turman, and believes he’ll be a strong voice for reform. “Sean [Elsbernd] and Mark [Farrell] could be in for a big surprise if Julius gets appointed,” Campos mused shortly after Elsbernd and Farrell voted for Turman.

Campos recalled how he and Turman started working at the same firm years ago. “So I got to know him well,” he said, adding he is “like a family member.

“By virtue of his involvement with Alice, some folks think Julius will be a certain way,” Campos added. “But I believe he’ll take a progressive point of view on the issues. He has both the knowledge and the experience with the police, he understand the important role that police oversight and the Police Commission play in making the SFPD accountable.”

Kim told us that she primarily voted for Waggoner because she knows him the best, and not out of concern that Turman wouldn’t do a good job. “I’m more familiar with David and that’s what tipped the scale,” Kim said. “It’s great to have two strong LGBT attorneys who have a clear understanding of public safety issues, the law, and are advocates for the community.”

But Debra Walker, who ran against Kim last November, steadfastly supports Waggoner. “Julius has been active in the Alice B. Toklas club for a while, he’s a prosecutor, while David is more of a citizen’s defense attorney,” she said.

Turman continues to be dogged by reports of domestic violence, thanks to a lawsuit that Turman’s former domestic partner Philip Horne filed in March 2006 alleging that Turman came into his house when he was sleeping on New Year’s Day 2006 and tried to strangle him.

Horne claimed he “was terrified that the lack of air supply would cause him to pass out and potentially die at the hands of such a jealous and unmerciful former lover.” He alleged he was able to calm Turman down only to see him get enraged again and punch Horne in the face seven to 10 times. When Horne decided he needed to go to the emergency room, the complaint states, Turman grabbed his phone and keys saying, “If you leave, you’ll never see the cats (alive) again,” and “I will report you to the state bar.”

Horne claimed he ran outside screaming for help and that when SFPD arrived, they arrested Turman for domestic violence and called an ambulance for Horne.

Turman responded in July 2006 to what he described as Horne’s “unverified complaint,” arguing he acted in “self-defense” and that the conduct Horne complained of “constituted mutual combat.” He added that “damages, if any, suffered by Horne were caused in whole or in part by entities or persons other than Turman.”

In the end, no criminal charges were ever filed against Turman and the case was settled out of court. Turman now says “I’ve done nothing wrong and these allegations are false.”

Campos warns people not to jump to conclusions. “We need to remember that there is a presumption of innocence,” Campos said. “Yes, there was a court case, but there was never a conviction. Yes, there was a settlement, but people do that for a lot of reasons.”

Turman told the Rules Committee that the incident was from “an extremely difficult time that is now being used against me as a political sideshow.”

Meanwhile, Campos notes that without a reform-minded mayor, there will be only so much any board-appointed police commissioners can do. “What we really need to implement police reform is a mayor who is willing to do that,” he said. “Otherwise it’s going to be very difficult because the mayor still gets to appoint four commissioners and mayor still gets to control who is in charge of the police department.”

 

WHAT DIRECTION?

Civil liberties advocates praised as a “first step in the right direction” Suhr’s May 18 decision to issue an order clarifying that SFPD officers assigned to the FBI’s joint terrorism taskforce should adhere to SFPD policies and procedures set by the Police Commission, not FBI guidelines.

But in the coming months, the commission will have to decide whether to push a Portland-style resolution around SFPD involvement with the FBI. The commission also will be dealing with fallout from the other scandals, including the crime lab, the use of force against mentally ill suspects, and videos that allegedly show police conducting warrantless search and seizure raids in single residential occupancy hotels.

These scandals have progressives arguing that it’s critical that the board’s three seats on the commission are occupied by applicants with proven track records of reform.

Waggoner notes that in 2003, voters approved Prop. H., which changed the composition of the commission from five to seven members. Four are appointed by the mayor; three by the board.

Last year, he said, the commission made significant progress in the right direction when it adopted new rules after the Jan. 2 shooting of a man in a wheelchair in SoMa. “That was not the first time an unarmed person with a disability was killed,” he said. “After Prop. H and a crisis, the commission finally took steps. It remains to be seen if Chief Suhr will implement that.”

Waggonner said the current arrangement “creates tension between people who are more willing to defer to the chief on policy issues and being in an advisory capacity, as opposed to people who want to be in the forefront of setting policy.”

That tension played out when Commissioners James Hammer, Angela Chan, and Petra DeJesus tried to find consensus on the Taser controversy last year. “Overall they worked well together. But there’s been no progress yet on Tasers,” he said, noting that the commission eventually decided on a pilot project.

Waggoner said he would be in favor of the commission having a more active role and exerting its authority under the city charter to set policy, but in collaboration with the chief.

The Police Commission’s May 18 joint hearing with the Human Rights Commission about FBI spying concerns was a symbol of the broader issue at the Police Commission. The majority of the commission didn’t see any major problems — but the progressives were highly critical. “Is the commission there to set policy and take leadership, or is it there in an advisory capacity?” Waggoner asked.

With Hammer’s departure, Chan and DeJesus, both board-appointed women of color, are the most progressive members of the commission. Chan hopes Hammer’s replacement believes in strong civilian oversight. “We should never be a rubber stamp for the police department,” he said. “We need to take community concerns very seriously. When the police department is doing great things, we should support them — but if we see something wrong, we should not be afraid to speak out.”

Turman told the Guardian that “being the voice for reform and advising are not mutually exclusive roles — and an effective police commissioner needs to be both.

“I would advocate for series of meetings with representatives from the Arab community, the SFPD, and the FBI to increase communication and understanding of each side’s perspective on exactly what we need to implement in San Francisco,” Turman said.

Asked more about Tasers, Turman said that “one of the things I would be interested in pursuing is a recognition by some that female officers are less likely to incapacitate during an arrest, which could lead to learning for the larger police force.”

But does this means Turman will turn out to be a swing vote for Tasers? Only time — and the board’s June 14 vote — will tell.