Supervisors

Critics urge caution on fast-moving Warriors arena deal

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UPDATED The proposal to let the Golden State Warriors build a new sports arena complex at Piers 30-32 is moving forward quickly, with the Board of Supervisors Budget and Finance Committee considering approving its fiscal feasibility tomorrow (Wed/14), the Land Use Committee hearing its design and transportation aspects on Monday, and the full board scheduled to move it forward on Tuesday, two days before Thanksgiving. After that, it will undergo an environmental study and work on myriad fiscal and administrative details, coming back to the board for final approval, probably in the fall, with the goal of opening by the 2017 basketball season.

[UPDATE 11/14: The Finance Committee today voted 3-0 to approve findings of fiscal feasibility for the project after Sup. Jane Kim made amendments delaying the EIR scoping session until January and ensuring the Citizens Advisory Committee will be given more time to review the project and its term sheet. City officials and the Warriors also signed a deal this morning requiring that at least 25 percent of its construction jobs and half of its apprenticeship positions go to local residents or military veterans. We’ll have more details and analysis of what happened in the coming days.]

Critics of the project say it is being rammed through too quickly, with too little public notice or attention to blocking off views of the bay, and on terms that are too costly to city taxpayers. To some, Lee’s quest for a “legacy project” is reminiscent of the groupthink boosterism that characterized the initial America’s Cup proposal, before it was revealed to really be a lucrative waterfront real estate scheme that was great for developers but costly to the public, and later abandoned.

And just like last time, when the Guardian, then-Sup. Chris Daly, Budget Analyst Harvey Rose, and others forced a major scaling back of the developers’ ambitions, there are some prominent voices of caution now being raised about the Warriors arena deal and its potential to fleece city taxpayers, including concerns raised by someone with decades of experience shepherding some of San Francisco’s biggest public works projects.

Rudy Nothenberg, who served as city administrator and other level fiscal advisory roles to six SF mayors and currently serves as president of the city’s Bond Oversight Committee, yesterday wrote a letter to the Board of Supervisors urging it to reject the deal.

Among other things, he criticized the 13 percent interest that city taxpayers would pay on the $120 million in pier restoration work that the Warriors will do. “Quite simply, I would have been ashamed of such a recommendation,” Nothenberg wrote. “In today’s markets it is incomprehensible to have such a stunning recommendation brought to your honorable Board in such haste.”

Project spokesperson PJ Johnston and its main advocate City Hall, Office of Economic and Workforce Development head Jennifer Matz, each disputed Nothenberg’s characterization, citing a report by the project consultants, the Berkeley-based Economic and Planning Systems Inc. (EPS), that 13 percent is a “reasonable and appropriate market based return.”

Matz told us the rate was based on the risky nature of rebuilding the piers, for which the Warriors are responsible for any cost overruns. And she compared the project to the massive redevelopment projects now underway on Treasure Island and Hunters Point, from which the city is guaranteeing powerful developer Lennar returns on investment of 18.5 percent and 20 percent respectively.

Johnston, who was press secretary to former Mayor Willie Brown and worked with Nothenberg on building AT&T Park and other projects, told us “ I have great respect for Rudy.” But then he went on to criticize him for taking a self-interested stand to defend the views from the condo he owns nearby: “They don’t want anything built in their neighborhood. They would rather leave it a dilapidated parking lot.”

But Nothenberg told us his stand is consistent with the work he did throughout his public service career in trying to keep the waterfront open and accessible to the public, rather than blocking those views with a 14-story stadium and surrounding commercial and hotel complex.

“I have a self-interest as a San Franciscan, and after 20 years of doing the right thing, I don’t want to see this rushed through in an arrogant way that would have been unthinkable even a year ago,” Nothenberg told us. “I spent 20 years of my life trying to deal with waterfront issues.”

Among those also sounding the alarm about how quickly this project is moving is land use attorney Sue Hestor and former Mayor Art Agnos, who told us the supervisors should heed the input of Nothenberg and make sure this is a good deal for the city.

Agnos said, “Rudy Nothenberg stands apart from every other department head and CAO in the modern history of San Francisco for his financial and managerial expertise in bringing major projects with complex finances to completion that worked for our City. That is why the past six mayors…whether conservative or liberal…trusted him to advise them and administer the biggest projects in this city from Moscone Convention Center to the new main library to the Giants baseball park and Mission Bay. “

Legislative Analyst Harvey Rose released his initial analysis of the project on Friday. The $120 million plus interest that the city is paying to the Warriors would be partially offset by the $30 million the team would pay for Seawall Lot 330, a one-time payment of $53.8 million (mostly in development impact fees), annual rent of nearly $2 million on its 66-year lease of Piers 30-32, and annual tax and mitigation payments to the city of between $9.8 million and $19 million.

But the report also notes that many city departments and agencies – including the Department of Public Works, Municipal Transportation Agency, and the Police Department – have yet to estimate their costs. Both Johnston and Matz emphasized Rose’s conclusion that the project is “fiscally feasible” – the determination that supervisors will have to agree with to move the project forward – but the report also noted “the finding of ‘fiscal feasibility’ means only that the project merits further evaluation of environmental review.”

The full text of Nothenberg’s letter follows:

Dear Supervisors:

My experience as a high level financial advisor and city administrator for Mayors Moscone, Feinstein, Agnos, Jordan, Brown, and Newsom, and current President of the City’s Bond Oversight Committee cause me to write in the hope that you will reject the outrageous 13% interest rate that the developers of the waterfront arena are proposing to charge the City for their cost of replacing Piers 30/32. 

In my years as General Manager of Public Utilities, the Municipal Railway System, Water and Hetch Hetchy, and later as the Chief Administrative Officer for the City and County of San Francisco, I took probably more that a billion dollars worth of various debt instruments to the Board. 

Never…even in the worst days of highest modern era interest rates of the 1970’s hovering at 20% …never did I ever bring a 13% City borrowing to the Mayor and the Board of Supervisors for approval.  Quite simply, I would have been ashamed of such a recommendation.

In today’s markets it is incomprehensible to have such a stunning recommendation brought to your honorable Board in such haste. 

Even more remarkable is the fact that just weeks ago, Allentown, Pennsylvania has just procured a 4.78 % interest rate for $224.4 million of taxable bonds to help build with private contributions a hockey arena for 8500 seats. 

Yet, you are being told the best our city can do is 13% for $120 million.

No Board of Supervisors I ever appeared before would tolerate such dramatic discrepancy.

It is with this in mind, I would most respectfully urge you to send this proposed deal back to the developers, instructing the City’s negotiators not to bring it back without a far more favorable interest rate for City tax payers not to exceed a maximum of 7.5%.

And that would still be almost twice what the City would need to pay for City issued debt and more than amply compensate the developers for any risk premium that they allege that they are taking. 

Any such instruction from you to the City negotiators should also make it clear that they are not to make any new concessions to the developers in exchange for achieving a still high, but eminently more reasonable interest rate.

Thank you for your attention.

Rudy Nothenberg

Chief Administrative Officer (Ret.)

Documentation:

1.     The Warriors Arena negotiates 13% interest on $120 million from San Francisco when the City of Allentown in Pennsylvania just issued $224.4 million of taxable bonds for an arena at an average interest rate of 4.78%. 

13% for SF versus 4.78%  for Allentown

 http://www.allentownpa.gov/Home/AllentownCityNews/tabid/142/xmmid/636/xmid/2000/xmview/2/Default.aspx

City of Allentown – PA – Official Site

www.allentownpa.gov

The official website for the City of Allentown, PA. Learn about all the exciting events going on in the city of Allentown, from music, arts, theater, and sports. Allentown is the largest city in the 

2.     Allentown hockey arena bonds cost $4.2 million to issue 

www.lehighvalleylive.com/allentown/…/allentown_hockey_ar

Oct 10, 2012 – About $224.4 million in municipal bonds were sold last week to help finance arena construction. City officials say the issuance costs are about 

 

 

What the fuck, Chuck: No, Ed Lee is not God

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So who were the big winners in the election? You could argue Ron Conway; you could argue surprise D5 winner London Breed. But to say it was all about Ed Lee?

Actually, no.

Every one of the initiatives that Lee backed was also supported by the entire progressive leadership on the board and almost every progressive group in the city, and other than Prop. B, there was little in the way of funded or credible opposition. The Yes on C campaign was run by the affordable housing folks, not the mayor. The mayor didn’t even endorse Prop. A, the City College parcel tax, until late in the game.

Oh, and the mayor’s appointee to the Community College Board? Got clobbered. The guy the mayor wanted in District 7? Out of the running.

The real story here — aside from the supervisors races, where I don’t think any one operation or political alliance won overall — was the remarkable civic consensus on the ballot measures. If Ed Lee had been out of town all fall, they all still would have won.

I know Chuck thinks the mayor is the greatest ever, but in this case, his impact was at best a wash.

 

 

 

Election makes the Board of Supervisors tougher to predict

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I’m still a bit too bleary-eyed for serious political analysis on D5 or other races today, but I’ll offer a few of my own post-election observations and those that politicos Alex Clemens and David Latterman delivered during their usual political wrap-up at the SPUR office this afternoon, noting how this election has altered local political dynamics.

“The Board of Supervisors as a whole is becoming a helluva lot more interesting,” Clemens said, noting that progressive District 5 just elected London Breed, the most moderate candidate in that race, while conservative District 7 gave the most progressive candidates, Norman Yee and FX Crowley, its top two spots (with Crowley the likely winner once ranked choices ballots are tallied).

The result is that both the progressive and moderate blocs lost their most reliable votes to the squishy center, so that “determining what’s going to happen before it happens just got more difficult,” a dynamic that could play out most strongly on land use issues.

“I think land use politics is going to be even more interesting,” Clemens said, with Latterman adding, “In this city, all politics really comes down to land use.”

Assessor Phil Ting’s election to the Assembly also now paves the way for Mayor Ed Lee to appoint his replacement, with Sup. Carmen Chu widely considered the clear favorite, which would in turn give Lee an appointment to her District 4 seat on the board.

Yet Clemens speculated that Lee may wait to replace Chu until after the next Board of Supervisors is seated in early January – which would allow that person to finish her final two years and still run for an additional two full terms, whereas the Charter would otherwise limit that person to one more term – which could complicate an already complicated election for board president. Sups. Jane Kim and Scott Wiener are the likeliest contenders, but anything could happen.

“Counting to six from 10 is going to be so much fun to watch,” Clemens said, although he added, “I believe in the era of Ed Lee, it’ll all be worked out beforehand.”

Neither Clemens nor Latterman agreed that the overwhelming expenditures on political hit pieces (mostly against D1 Sup. Eric Mar, who won a surprisingly big margin of victory) by allies of Lee, or the fact that they turned on Sup. Christina Olague in nasty fashion, would diminish Lee’s public standing or the aura of civility he’s tried to cultivate.

Personally, I don’t agree, and it think progressives have been given an opportunity to highlight the money-driven nature of the agenda that Lee and his billionaire backer Ron Conway have for San Francisco. It’s also significant that the most anti-progressive candidates – Lee’s City College appointee Rodrigo Santos, D1’s David Lee, and D7’s Mike Garcia – all fell far short of victory.

Progressives now have a chance to set a positive, proactive agenda for the city, of the kind eloquently voiced by new school board member Matt Haney, whom Clemens thanked for running such a strong and positive campaign, as well as top City College finisher Steve Ngo and Sup. David Campos, who shared an election night campaign party and positive message about progressive prospects.

“That’s what me, Steve, and David were saying here tonight,” Haney told me, calling for an end to the adversarial style of practicing politics. “Our values are love and compassion.”

Latterman and Clemens did acknowledge that that record-breaking spending against Mar may have backfired, but they gave more credit to Mar’s campaign. “You don’t bet against [Mar campaign manager] Nicole Derse in a ground game in the last week of the campaign,” Latterman said.

Derse, who was there, noted its innovative voter identification efforts and strong grassroots volunteer push, a drive partially helped by those reacting to the big-money attacks. Latterman also acknowledges that the strange and controversial videos attacking Mar didn’t help, telling the crowd, “And tactically, don’t have the Realtors make the videos.”

As for District 5, neither politico claimed to fully understand the complex variables that shaped the race.

“It’s hard to unravel what happened here,” Latterman said of the D5 race, noting the complicated dynamics created by Olague’s mayoral appointment, her vote to reinstate Sheriff Ross Mirkarimi, Julian Davis’ problems, and the outside spending. He praised Breed’s campaign, calling it a “a solid win,” but he also said Breed’s independence helped her and she might have suffered the same fate as Olague if she had gotten the appointment from Lee back in January: “I think Supervisor Breed doesn’t win this race; challenger Breed did.”

The practice of politics

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steve@sfbg.com

ESSAY San Francisco’s progressive movement needs restoration and renewal. Our focus on immediate fights and indignities has blurred our perspective on the larger, longer struggle for a more just, sustainable, and inclusive society. It’s time to regain that vision by taking a new path and practicing a different kind of politics.

Back-to-back local scandals involving progressive male politicians treating women badly have spawned waves of ugly reactions and recriminations on all sides. Those frustrations have bubbled up against an overwhelming tidal wave of money from wealthy individuals and corporations used to deceive and divide the voting public on the local and national levels.

Real concerns about domestic violence have been reduced to an election-year weapon, cheapening an important issue. Stubborn injustices like lack of gender equity in pay and promotions and access to contraception have been countered with mythical “binders full of women,” a new take on the old dodge of personal responsibility. Unacceptable groping or grabbing is alternatively denied, dismissed, or blamed on the women. Little has changed except the modern polish on our dated pronouncements.

The turbulence of this political year has tested our tolerance and we’ve lost our balance, if not our minds from time to time. But we can learn from our mistakes. San Franciscans should be leading the way forward, not just with our gadgets and technological innovations, but with the example we set in how we practice our politics.

Perhaps I’m not the best one to call out my comrades and propose our next steps. I’m a single, straight man, and I’ve fought as fiercely as anyone on behalf of the Guardian’s progressive values and worldview, sometimes resorting to the same nastiness that we’ve seen bubbling over this year.

But as I’ve covered this year’s high-profile political scandals involving Ross Mirkarimi and Julian Davis for the Guardian — and read the vitriolic comments reacting to my stories and expressed in public forums — it has caused me to rethink my own approach and that of the progressive movement. So I want to offer my insights, make amends, and contribute to the dialogue that our community desperately needs to have.

***

Let me start by saying that I understand why people perceive political conspiracies against Mirkarimi, Davis, and other progressive politicians in San Francisco. Wealthy interests really do have a disproportionate influence over the decisions that are shaping this city’s future, to the detriment of the working and creative classes.

A small group of powerful people installed Ed Lee as mayor using calculated deceptions, and he has largely been carrying out their agenda ever since, practicing dirty politics that have fractured and debilitated the progressive movement. In this election cycle, we saw the willingness of Lee’s deep-pocketed benefactors, such as right-wing billionaire Ron Conway, to shatter previous spending records to achieve their unapologetically stated goal of destroying San Francisco’s progressive movement.

But if we want to replace economic values with human values — emphasizing people’s needs over property and profits, which is the heart of progressivism — we can’t forget our humanity in that struggle. Choosing conflict and the politics of division plays into the hands of those who seek to divide and conquer us. We need to embody the change we want to see and build new systems to replace our ailing political and economic models.

When Mayor Lee decided in March to suspend Sheriff Mirkarimi without pay and without any investigation — and by the way, showing no interest in hearing from the alleged victim, Eliana Lopez — progressives had good reason to be outraged. Domestic violence advocates and the Chronicle’s editorial writers may not see it this way, but I understand why it seemed politically motivated.

I also understand why people wanted Mirkarimi gone, believing that someone who admitted to domestic violence couldn’t possibly remain San Francisco’s chief elected law-enforcement officer. This was a black-and-white issue for them, and they saw progressive opposition to his removal as condoning his actions, despite our arguments that his criminal punishment was separate from the question of what the standard should be for removing an elected official from office.

Both sides fervently believed in their respective positions and were largely talking past one another, unable to really communicate. Positions hardened and were charged with emotion until they boiled over during the Oct. 9 hearing on Mirkarimi’s removal.

But there’s never any excuse for booing or making derogatory comments to domestic violence advocates who braved a hostile crowd to offer their opinions on the issue. Tolerance and respect for differing opinion are core progressive tenets, and our faith in those values must override our emotional impulses, which only feeds a fight that we lose just by fighting.

It was against this backdrop — and partially as a result of this polarized climate — that revelations of Davis’ bad behavior toward women were made public. Davis is a friend of mine, and I was aware that he could act like an over-entitled jerk toward women, particularly during his worst period several years ago, although I had no idea how bad it really was.

As with many political scandals, the issue here wasn’t just the original incidents, but how someone responds to them. That’s the mark of someone’s character and integrity. Most people do the wrong thing sometimes, but if we learn from our mistakes and truly make amends — which isn’t something we claim, but something offered to us if our intentions seem true — then we become better people.

As we said in our editorial withdrawing our endorsement from Davis a few weeks ago, being a progressive has to be more about the movement than the person, and it’s time that we remember that. So as a movement, the moment has arrived to come clean, admit our flaws, start anew, and try to lead by our example rather than our rhetoric or our stands on the issues.

***

They say confession is good for soul, so let me give it a shot. Shortly after Sup. Jane Kim took office in 2010, we had a series of confrontational conflicts over some votes she made and her failure to come clean about what her relationship was with Willie Brown, which seemed to me related. She offered a misleading answer to my question and then said she wouldn’t answer any more questions from me, which infuriated me because I believe politicians have a duty to be accountable. And so I continued to be hard on her in print and in person.

Now, I realize that I was being something of a bully — as political reporters, particularly male reporters, have often been over the years. I want to offer a public apology for my behavior and hope for forgiveness and that our relationship — which was a friendly one since long before she took office — can be better in the future.

While I felt that I was treating Kim like I would any politician, and I probably was, the fact is that the style of combative political exchanges — embodied in the last decade by Mirkarimi, Chris Daly, Aaron Peskin, and many others, mostly men but some women like Carole Migden — is what has brought the progressive movement and San Francisco politics in general to the lowly point that we now find ourselves.

My old friend and ex-girlfriend Alix Rosenthal and other political women I know have long tried to impress upon me the value of having more females in office, regardless of their ideology, as long as they aren’t actual conservatives. I have always bristled at that idea, believing ideology and political values to be more important than identity politics, which has been used as a wedge to divide the progressive movement.

At first, I supported Davis because I saw in him a progressive warrior. But most progressives know in our hearts that nobody wins wars. We are all diminished just for fighting them, and their fallout can be felt in unexpected ways for years to come. Even though I agreed with the Board of Supervisors decision to reinstate Mirkarimi, I felt sad and sick watching the celebrations that followed, and I understood that winning that battle might do real damage to the progressive movement.

So I’m proposing that we just stop fighting. We need to stop demonizing those we don’t agree with. “We are not the enemy,” Domestic Violence Consortium head Beverly Upton told supervisors at the Mirkarimi hearing, and she’s right. We can still disagree with her position, and we can say so publicly and call for her to talk to Lopez or take other steps, but we shouldn’t make her an enemy.

***

Having written this essay before the Nov. 6 election, I don’t know the outcome, but I do know progressive power is waning just as we need it most. Landlords and Realtors are intent on rolling back renter protections, while technology titans and other corporate leaders will keep pushing the idea that city government must serve their interests, something the mayor and most supervisors already believe. And they’re all overtly hostile to progressives and our movement.

Against this onslaught, and with so much at stake, the temptation is to fight back with all our remaining strength and hope that’s enough to change the dynamics. But it won’t. Now is the time to organize and expand our movement, to reach out to communities of color and the younger generations. We need to grow our ability to counter those who see San Francisco as merely a place to make money, and who are increasingly hostile to those of us standing in their way.

It may sound trite, but we need to meet their hate with our love, we need to counter their greed with our generosity of spirit. In the year 2012, with all the signs we see in the world that the dominant economic and political systems are dying, we need to work on building our capacity to create new systems to replace them. If they want to build a condo for a billionaire, we should find a way to build two apartments for workers. If they want to bend the campaign rules and dump millions of dollars into one of their candidates, we should use free media and bodies on the street to stand up for someone with more integrity.

Our heroes are people like MLK and Gandhi, and — and most recently and perhaps more relevantly, Arundhati Roy, Amy Goodman, and Aung San Suu Kyi — and we should heed their examples now more than ever. I’m not going to presume to lay out a specific agenda or new tactics, leaving that leadership to those who embody the new approaches and visions that I’m willing to learn and lend my energies and experience to supporting.

But the one essential truth that I’ve come to embrace is that our current struggles and paradigms are as unsustainable as the system that we’re critiquing. It’s time to embrace a new way of doing things, and to join the vast majority of people around the world in creating a new era.

Record-breaking spending floods District 1 with political propaganda

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District 1 supervisorial candidate David Lee and independent expenditure campaigns supporting him have spent nearly $800,000 – shattering previous spending records for a district election – bombarding Richmond District voters with a barrage of mailers and other media pushing a variety of claims and criticisms about incumbent Sup. Eric Mar that sometimes stretch credulity and relevance.

But is it working? Or is the avalanche of arguments – much of it funded by “big money from Realtors, Landlords, and Downtown Special Interests,” as a recent Mar mailer correctly notes – feeding speculation that Lee would do the bidding of these powerful players on the Board of Supervisors?

Mar campaign manager Nicole Derse thinks that’s the case, arguing the Lee campaign would have leaked internal polls to the media if they were favorable, and it wouldn’t be escalating its attacks on so many fronts hoping for traction, such as yesterday’s press conference hitting Mar on the issue of neighborhood schools.

“They’re pretty desperate at this point and throwing anything out there that they can,” Derse told us, later adding, “I feel good, but we really have to keep the fire up.”

Mar and the independent groups supporting him, mostly supported by the San Francisco Labor Council, have together spent about $400,000. Most of the mailers have been positive, but many have highlighted Lee’s political inexperience and his connections to big-money interests, raising questions about his claims to support tenants and rent control.

Lee campaign manager Thomas Li, who has been unwilling to answer our questions throughout the campaign, did take down some Guardian questions this time and said he’d get us answers, but we haven’t heard back. On the issue of why the Realtors and other groups who seek to weaken tenant protections were supporting Lee, Li simply said, “Our position has been steadfast on protecting rent control and strengthening tenant protections.”

The Lee campaign has repeated that on several mailers – possibly indicating it is worried about that issue and the perception that Lee’s election would give landlords another vote on the board, as tenant and other progressive groups have argued – but most of its mailers recently have attacked Mar on a few issues where they must believe he is vulnerable, even when they distort his record.

Several mailers have noted Mar’s support for a city budget that included funding for a third board aide for each of the 11 supervisors – a budget the board unanimously approved – as well as his support for public campaign financing, despite the fact that Lee’s campaign has taken more than $150,000 in public financing in this election, 30 percent more than Mar’s. They have also criticized Mar for supporting the 8 Washington high-end condo project, even though Lee also voted for the project as a member of the Recreation and Parks Commission.

As this Ethics Commission graphic shows, Lee has been by far the biggest recipient of independent expenditures in this election cycle, with hundreds of thousands of dollars coming from the downtown-funded Alliance for Jobs and Sustainable Growth and the Realtor-created Citizens for Responsible Growth.

Mar and his allies have hit back with mailers noting that most of the funding for the Chinese American Voter Education Project, Lee’s main political and communications vehicle in recent years, has simply gone to pay his $90,000-plus annual salary, which he didn’t fully report on financial disclosure forms required of city commissioners. They have also hit Lee for his support for the Recreation and Parks Department’s closure of recreation centers and other cuts while he “consistently supported privatization of our parks.”

At this point, it’s hard to know how this flood of information and back-and-forth attacks will influence District 1 voters, but we’re now days away from finding out.

Olague attacks led by billionaires and a consultant/commissioner with undisclosed income

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Understanding how political activists are being paid is important to understanding what their motivations are. For example, is Andrea Shorter – a mayor-appointed former president of the Commission on the Status of Women – leading the campaigns against Sup. Christina Olague and Sheriff Ross Mirkarimi out of concern for domestic violence, or is it because of their progressive political stands, such as supporting rent control and opposing corporate tax breaks?

As a city commissioner who is required under state law to report her income on annual financial disclosure forms to the city, the public should be able to know who is paying this self-identified “political consultant.” But we can’t, because for each of the last five years, Shorter has claimed under penalty of perjury on Form 700 to have no reportable income, which means less than $500 from any source – an unlikely claim that was the source of complaints filed today with the Ethics Commission and Fair Political Practices Commission.

Shorter led efforts to have her commission support Mayor Ed Lee’s failed effort to remove Mirkarimi from office for official misconduct, and now she’s become one of the main public faces leading an independent expenditure campaign called San Francisco Women for Accountability and a Responsible Supervisor Opposing Christina Olague 2012, funded with more than $100,000 by Lee’s right-wing financial supporters: venture capitalist Ron Conway and Thomas Coates (and his wife), who has also funded statewide efforts to make rent control illegal.

Neither Shorter nor Conway responded to our requests for comment, but tenant advocates and Olague supporters are pushing back with an 11:30am rally at City Hall tomorrow (Thurs/1). Organizers are calling on activists “to beat back the attacks on rent control and workers by billionaires Ron Conway and the Coates family. The 1 Percent Club, Coates and Conway want San Francisco to be a playground for the rich. Take a stand to say that these opportunists CANNOT buy elections!”

The Ethics Commission complaint against Shorter was filed this morning by sunshine activist Bob Planthold, who also filed a similar complaint a couple weeks ago against District 1 supervisorial candidate David Lee, who also appears to have grossly understated his income of the same financial disclosure form during his service on the Recreation and Parks Commission.

“There’s been too little attention by mayor after mayor after mayor in that the people they appoint are allowed to be sloppy, negligent, unresponsive, and under-responsive to these financial disclosure requirements,” Planthold told us.

Although the Ethics Commission doesn’t confirm or deny receiving complaints or launching investigations, Planthold said Ethics investigators have already notified him that they were investigating the Lee complaint, and he expects similar action against Shorter. “Ethics is pursuing my complaint against David Lee. It’s not one of the many that they decided to ignore,” Planthold said.

The FPPC complaint against Shorter is being filed by former Board of Supervisors President Aaron Peskin, who told us, “The complaint speaks for itself.”

Although Shorter claims no income on public forms, the political consulting firm Atlas Leadership Strategies lists Shorter as the CEO of Political Leadership Coaching, which works with political candidates and causes. Atlas also represents PJ Johnston, who was press secretary for then-Mayor Willie Brown and now represents a host of powerful corporate clients.

“Her brand of discreet, highly confidential, political coaching works to equip leaders with tools to exercise more effective, impactful, innovative and – where possible – transformative leadership,” was one way Atlas describes Shorter.

Is she working in a discreet and confidential way to elect moderate London Breed to one of the city’s most progressive districts? Is she being paid for that work by Conway or anyone else? Is she doing the bidding of Mayor Lee and his allies in hopes of greater rewards?

Or should voters just take at face value her claim to really be standing up for “accountability” from public officials? Is this really about the statement Shorter makes in the video prominently displayed on the sfwomenforaccountability.com website: “Christina Olague has lost the trust of victims’ advocates. She has set our cause back. I’m profoundly disappointed in her and I can’t support her anymore.”?

With less than a week until the election, voters can only speculate.

Man for the moment?

25

steve@sfbg.com

This year’s supervisorial race in District 5 — representing the Haight, Panhandle, and Western Addition, some of the most reliably progressive precincts in the city — has been frustrating for local leftists. But as the long and turbulent campaign enters its final week, some are speculating that John Rizzo, whose politics are solid and campaign lackluster, could be well-positioned to capitalize on this strange political moment.

Appointed incumbent Sup. Christina Olague has been a disappointment to some of her longtime progressive allies, although she’s now enjoying a resurgence of support on the left in the wake of her vote to reinstate Sheriff Ross Mirkarimi. Now two allies of the mayor — tech titan Ron Conway and landlord Thomas Coates — are funding a $120,000 last-minute attack on Olague.

The campaign of one-time left favorite Julian Davis lost most of its progressive supporters following his recent mishandling of accusations of bad behavior toward women (see “Julian Davis should drop out,” 10/16).

The biggest fear among progressive leaders is that London Breed, a well-funded moderate candidate being strongly supported by real estate and other powerful interests, will win the race and tip the Board of Supervisors to the right. The final leg of the campaign could be nasty battle between Breed and Olague and their supporters, who tend to see it as a two-person race at this point.

But in a divisive political climate fed by the Mirkarimi and Davis scandals and the unprecedented flood of hundreds of thousands of dollars in real estate and tech money, it’s hard to say what D5 voters will do, particularly given the unpredictably of how they will use ranked-choice voting to sort through this mess.

Running just behind these three tarnished and targeted candidates in terms of money and endorsements are Rizzo and small business person Thea Selby, who described their candidacies as “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

Selby hasn’t held elective office and doesn’t have same name-recognition and progressive history as Rizzo, although she has one of the Guardian’s endorsements. It probably didn’t help win progressive confidence when the downtown-backed Alliance for Jobs and Sustainable Growth recently did an independent expenditure on behalf of both Selby and Breed.

And then there’s Rizzo, who has been like the tortoise in this race, quietly spending his days on the streets meeting voters. Between fundraising and public financing, Rizzo collected about $65,000 as of Oct. 20 (compared to Breed’s nearly $250,000), but he’s been smart and frugal with it and has almost $20,000 in the bank for the final stretch, more than either Olague or Davis.

But perhaps more important than money or retail politics, if indeed D5 voters continue their strongly progressive voting trends, are two key facts: Rizzo is the most clear and consistent longtime progressive activist in the race — and he’s a nice, dependable guy who lacks the oversized ego of many of this city’s leaders.

“I see consistency there and a lack of drama,” Assembly member Tom Ammiano, an early Rizzo endorser, told us. “He’s looking not like a flip-flopper, not like he owes anyone, and he doesn’t have a storied past.”

 

PROGRESSIVE HISTORY

Rizzo, who was born in New York City 54 years ago, is downright boring by San Francisco standards, particularly given his long history in a local progressive movement known for producing fiery warriors like Chris Daly, shrewd strategists like Aaron Peskin, colorful commenters like Ammiano, bohemian thinkers like Matt Gonzalez, and flawed idealists like Ross Mirkarimi.

Rizzo is a soft-spoken family man who has lived in the same building on Waller Street in the Haight-Ashbury for the last 27 years. Originally, he and Christine, his wife of 25 years, rented their apartment in a tenancy-in-common building before they bought it in the early 1990s, although he’s quick to add, “In all the years we’ve owned it, we never applied for condoship.”

He supports the city’s limits on condo conversions as important to protecting working-class housing, although he said, “The focus should be on building new affordable housing.” That’s an issue Rizzo has worked on since joining the Sierra Club’s San Francisco Bay Chapter more than 20 years ago, an early advocate for broadening the chapter’s view of environmentalism.

He’s a Muni rider who hasn’t owned a car since 1987.

Michelle Myers, director of the Sierra Club’s San Francisco Bay Chapter, said Rizzo brings a wealth of experience, established relationships, and shrewd judgment to his role as the group’s political chair. “We really rely on John’s ability to weigh what is politically feasible, not just what’s ideal in our minds,” she told us.

Yet that political realism shouldn’t be confused for a lack of willingness to fight for big, important goals. Rizzo has been an advocate for public power in San Francisco for many years, strategizing with then-Sup. Ammiano in 2001 to implement a community choice aggregation program, efforts that led to this year’s historic passage of the CleanPowerSF program (with a key vote of support by Olague) over the objections of Mayor Lee and some business leaders.

“CleanPowerSF was carried by John Rizzo, who has been working on that issue for 10 years,” Myers said.

Rizzo is a technology writer, working for prospering computer magazines in the 1990s “until they all went away with the dot.com bubble,” as well as books (his 14th book, Mountain Lion Server for Dummies, comes out soon).

He sees the “positives and the negatives” of the last tech boom and this one, focusing on solving problems like the Google and Genetech buses blocking traffic or Muni bus stops. “On the one hand, these people aren’t driving, but on the other hand, they’re unregulated and using our bus stops,” he said. “We need to find some solution to accommodate them. Charge them for it, but accommodate them.”

That’s typical of how Rizzo approaches issues, wanting to work with people to find solutions. As president of the City College of San Francisco Board of Trustees, Rizzo suffered the bad timing of the district having its accreditation threatened just as his supervisorial race was getting underway, but he’s steadily worked through the administrative problems that predated his tenure, starting with the criminal antics of former Chancellor Phil Day and continuing with “a management structure still in place, and it had calcified.”

Despite being on the campaign trail, Rizzo called the trustees together six times in August to deal with the accreditation problems. “We now have a plan that shows all the things the district needs to do to keep it afloat. City College is back on track.”

 

WEAKNESS BECOMES STRENGTH

Eileen Hansen — a longtime progressive activist, former D8 supervisorial candidate, and former Ethics Commissioner — gave her early endorsement to Rizzo, who never really seemed to catch fire. “There hasn’t been a lot of flash and I would love for there to be more energy,” she admitted.

So, like many progressive leaders, she later offered her endorsement to Davis, believing he had the energy needed to win the race. But after Davis’ problems, Hansen withdrew that endorsement and sees Rizzo as the antidote to its problems.

“We are in such a mess in D5, and I’m hoping they will say, ‘enough already, let’s find someone who’s just good on the issues, and that’s John,” Hansen said. “As a progressive, if you look at his stands over many years, I’d be hard-pressed to find an issue I don’t agree with him on. He’s a consistent, strong progressive voice, someone you can count on who’s not aligned with some power base.”

Other prominent progressive leaders agree.

“What some people may have viewed as his weak point may end up being his strength,” said former Board President Aaron Peskin, who endorsed Rizzo after the problems surfaced with Davis. “A calm, steady, cool, collected, dispassionate progressive may actually be the right thing for this moment.”

Sup. Malia Cohen, a likable candidate who rose from fourth place on election night to win a heated District 10 supervisorial race two years ago, is a testament to how ranked-choice voting opens up lots of new possibilities.

“Ranked choice voting defies conventional wisdom,” Peskin said. “There may be Julian Davis supporters and Christina Olague supporters and London Breed supporters who all place John Rizzo as their second.”

In fact, during our endorsement interviews and in a number of debates and campaign events, nearly every candidate in the race mentioned Rizzo as a good second choice.

Yet Rizzo doesn’t mince words when he talks about the need for reconstitute the progressive movement after the deceptions and big-money interests that brought Mayor Lee and “his fake age of civility” to power. Lee promised not to seek a full term “and he broke the deal,” Rizzo said. “And it was a public deal he broke, not some backroom deal.” 

That betrayal and the money-driven politics that Lee ushered in, combined with the divisive political climate that Lee’s long effort to remove Mirkarimi from office created, has deeply damaged the city’s political system. “I think the climate is very bad It’s bad for progressives, and just bad for politics because it’s turning voters off,” Rizzo said.

He wants to find ways to empower average San Franciscans and get them engaged with helping shape the city’s future.

“We need a new strategy. We need to regroup and think about things long and hard. I think it’s not working here. We’re doing the same things and it’s not working out. The money is winning.” He doesn’t think the answers lie in continued conflict, or with any individual politicians “because people are flawed, everyone is,” Rizzo said.

Yet Rizzo’s main flaw in the rough-and-tumble world of political campaigns may be that he’s too nice, too reluctant to toot his horn or beat his chest. “That kind of style is not me. That aggressive person is not who I am,” Rizzo said. “But I think voters like that. Voters do want someone who is going to focus on policy and not themselves.”

Paul Addis, playwright and Burning Man arsonist, dies

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UPDATED Paul Addis – the San Francisco playwright and performer best known for igniting Burning Man’s eponymous central symbol early in the 2007 event, a crime for which he served two years in a Nevada prison – died Saturday night after jumping in front of a BART train in Embarcadero station. He was 42.

His friend Amacker Bullwinkle told us she was shocked and saddened by the news, first reported by the SF Appeal and confirmed to us by the San Francisco Medical Examiner’s Office, which contacted Addis’ mother. Bullwinkle said she wasn’t sure if there was a suicide note, but given his prolific writings, “I can’t imagine he wouldn’t want to write something.”

After Addis was released from prison in 2010, he came to the Guardian for a three-hour interview to discuss how and why he torched the Man during a Monday night lunar eclipse, another pair of bizarre arrests that followed, and the San Francisco debut of latest one-man play, Dystopian Veneer, which he wrote in prison. That interview was the basis of two Guardian articles and an extended telling of his story in my book, The Tribes of Burning Man, which also draws from an earlier interview with Addis.

“It’s a brand new life and I’ve got all this potential and I want to make the most out of it,” Addis told me in a hopeful moment. But he was also clearly a troubled soul, deeply unhappy with what Burning Man and San Francisco had become and resentful of the role that Burning Man organizers played in supporting his prosecution.

But his frustrations seemed to stem from a desire shake up the city and Burning Man, an event that was personally transformative for him, “to bring back that level of unpredictable excitement, that verve, that ‘what’s going to happen next?’ feeling, because it had gotten orchestrated and scripted.”

Services for Addis are pending.

UPDATE 11/2: Sup. John Avalos adjourned this week’s Board of Supervisors meeting in the memory of Paul Addis and made the following comments about him:

·        Addis was a San Francisco performance artist and playwright who was best known from 2007’s Burning Man when he lit the Man on fire.
·        Addis wrote and performed several one-man plays, including Dystopian Veneerand Gonzo, A Brutal Chrysalis.
·        After years of struggling with mental health issues, Addis took his own life the past weekend. He was forty-two.
·        Addis’ controversial act was viewed by some as a dangerous act of arson and by others as a subversive protest of how Burning Man had strayed from its core principles.
·        Addis served two years in a Nevada prison for burning the Man.
·        On this day when we’re commemorating Mental Health Awareness month, I think it’s appropriate to recognize the loss of Paul Addis, and recognize how our mental health and criminal justice systems failed him, and how they fail so many others who struggle with mental health issues.

 

Realtors and tech spending big to flip the Board of Supervisors

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Wealthy interests aligned with Mayor Ed Lee, the real estate industry, big tech companies, and other downtown groups are spending unprecedented sums of money in this election trying to flip the balance of power on the Board of Supervisors, with most of it going to support supervisorial candidates David Lee in D1 and, to a lesser degree, London Breed in D5.

The latest campaign finance statements, which were due yesterday, show Lee benefiting from more than $250,000 in “independent expenditures” from just two groups: the Alliance for Jobs and Sustainable Growth PAC, which got its biggest support from tech titans Mark Benioff and Ron Conway; and the Coalition for Responsible Growth, funded by the San Francisco Association of Realtors.

Lee’s campaign has also directly spent another nearly $250,000 on its race to unseat incumbent Sup. Eric Mar – bringing total expenditures on his behalf to more than $500,000, an unheard-of amount for a district election. Mar has spent $136,000 and has $24,100 in the bank, and he is benefiting from another $125,000 that San Francisco Labor Council unions have raised on his behalf.

Breed has benefited from more than $40,000 in spending on her behalf by the two groups. Her campaign is also leading the fundraising field in her district, spending about $150,000 so far and sitting on more than $93,000 in the bank for a strong final push.

Incumbent D5 Sup. Christina Olague has done well in fundraising, but the reports seem to indicate that her campaign hasn’t managed its resources well and could be in trouble in the final leg. She has just $13,369 in the bank and nearly $70,000 in unpaid campaign debts, mostly to her controversial consultant Enrique Pearce’s firm.

Slow-and-steady D5 candidates John Rizzo and Thea Selby seem to have enough in the bank ($20,000 and $33,000 respectively) for a decent final push, while Selby also got a $10,000 boost from the the Alliance, which could be a mixed blessing in that progressive district. Julian Davis still has more than $18,000 in the bank, defying the progressive groups and politicians who have pulled their endorsements and pledging to finish strong.

In District 7, both FX Crowley and Michael Garcia have posted huge fundraising numbers, each spending around $22,000 this year, but Crowley has the fiscal edge going into the final stretch with $84,443 in the bank compared to Garcia’s less than $34,000. But progressive favorite Norman Yee is right in the thick of the race as well, spending $130,000 this year and having more than $63,000 in the bank.

The following is a detailed look at the numbers (we didn’t do Districts 3, 9, and 11, where the incumbents aren’t facing serious or well-funded challenges) for the biggest races:

 

Independent Expenditures

 

Alliance for Jobs and Sustainable Growth PAC

The downtown-oriented group is run by notorious campaign attorney Jim Sutton. It has raised $447,500 this year, including $225,000 in this reporting period (Oct. 1 to Oct. 20).

It has spent $107,808 this period and $342,248 this reporting period. It has $243,599 in the bank and $105,334 in outstanding debt.

Donors include: Salesforce CEO Mark Benioff ($100,000), venture capitalist Ron Conway ($35,000), San Francisco Police Officers Association ($25,000), Healthplus Share Services out of Walnut Creek ($20,000), Committee on Jobs ($47,500), and Operating Engineers Local 3 ($10,000)

The Alliance has spent $143,763 this year, including $16,921 in this reporting period, supporting D1 supervisorial candidate David Lee and attacking his opponent Eric Mar; and $10,205 each in support of D5 candidates Thea Selby and London Breed.

 

Coalition for Sensible Growth (with major funding by the SF Association of Realtors)

Raised nothing this reporting period but $225,000 this year.

Spent $75,636 this period and $287,569 this year. Has $170,744 in the bank and $152,000 in outstand debts.

It has spent $101,267 supporting D1 candidate David Lee, $26,405 support of David Chiu in D3, $2,739 each supporting FX Crowley and Michael Garcia in D7, $12,837 opposing Norman Yee in D7, $29,357 backing London Breed in D5, and $20,615 promoting Prop. C (the Housing Trust Fund).

The San Francisco Labor Council Labor & Neighbor PAC has raised $84,563 for its various member unions and spent $93,539 this year on general get-out-the-vote efforts.

The Labor Council also supports three Teachers, Nurses and Neighbors groups supporting Eric Mar in D1 (raising $125,000 and spending $85,437), FX Crowley in D7 (raising $50,000 and spending $40,581), and Christina Olague in D5 (raising $15,000 and spending $15,231)

 

Supervisorial Races:

District 1

Eric Mar

Raised $18,270 this period, $135,923 this year, and got no public finances this period.

He has spend $61,499 this period, $187,409 this year, and has $24,180 in the bank with no debt.

Donors include: Sup. David Chiu ($250), board aides Judson True ($100) and Jeremy Pollock ($100), redevelopment attorney James Morales ($200), developer Jack Hu ($500), engineer Arash Guity ($500), community organizer James Tracy ($200), Lisa Feldstein ($250), Marc Salomon ($125), Petra DeJesus ($300), and Gabriel Haaland ($200).

David Lee

Raised $4,174 this period, $140,305 this year, and no public financing matches this period.

He has spent $245,647 this year and $55,838 this period. He has $5,871 in debts and $26,892 in the bank.

Donors include the building trades union ($500), property manager Andrew Hugh Smith ($500), Wells Fargo manager Alfred Pedrozo ($200), and SPO Advisory Corp. partner William Oberndorf ($500).

District 5

John Rizzo

Raised $5,304 this period (10/1-10/20), $29,860 this year, and $14,248 in public financing

He has $19,813 in the bank

Donors are mostly progressive and environmental activists: attorney Paul Melbostad $500), Hene Kelly ($100), Bernie Choden ($100), Dennis Antenore ($500), Clean Water Action’s Jennifer Clary ($150), Matt Dorsey ($150), Arthur Feinstein ($350), Jane Morrison ($200), and Aaron Peskin ($150).

 

Julian Davis

Raised $8,383 this period, $38,953 YTD, and got $16,860 in public financing in this period (and $29,510 in the 7/1-9/30 period).

He has $67,530 in YTD expenses, $18,293 in the bank, and $500 in debts.

Some donors: Aaron Peskin ($500), John Dunbar ($500), Heather Box ($100), Jim Siegel ($250), Jeremy Pollock ($200), BayView publisher Willie Ratcliff ($174), and Burning Man board member Marian Goodell ($400). Peskin and Dunbar both say they made those donations early in the campaign, before Davis was accused of groping a woman and lost most of his progressive endorsements.

 

London Breed

Raised $15,959 this period, $128,009 YTD, got $95,664 in public financing this period.

Total YTD expenditures of $150,596 and has $93,093 in the bank

Donors include: Susie Buell ($500), CCSF Board member Natalie Berg ($250), Miguel Bustos ($500), PG&E spokesperson and DCCC Chair Mary Jung ($250), SF Chamber of Commerce Vice President Jim Lazarus ($100), Realtor Matthew Lombard ($500), real estate investor Susan Lowenberg ($500), Municipal Executives Association of SF ($500), Carmen Policy ($500), SF Apartment Association ($500), SF’s building trades PAC ($500), and Sam Singer ($500).

 

Christina Olague

Raised $7,339 this period, $123,474 YTD, and got $39,770 in public financing this period.

Has spent $54,558 this period, $199,419 this year, has $13,367 in the bank, and has $69,312 in outstanding debt.

Donors include: former Mayor Art Agnos ($500), California Nurses Association PAC ($500), a NUHW political committee ($500), the operating engineers ($500) and electrical workers ($500) union locals, Tenants Together attorney Dean Preston ($100), The Green Cross owner Kevin Reed ($500), SEIU-UHW PAC ($500), Alex Tourk ($500), United Educators of SF ($500), and United Taxicab Workers ($200).

Some expenses include controversial political consultant Enrique Pearce’s Left Coast Communications ($15,000), which documents show is still owed another $62,899 for literature, consulting, and postage.

 

Thea Selby

Raised $5,645 this period, $45,651 YTD, and got $6,540 in public financing this period.

Spent $29,402 this period, $67,300 this year, and has $33,519 in the bank.

Donors include:

David Chiu board aide Judson True ($100), One Kings Lane VP Jim Liefer ($500), SF Chamber’s Jim Lazarus ($100), Harrington’s Bar owner Michael Harrington ($200), and Arthur Swanson of Lightner Property Group ($400).

 

District 7

 

Norman Yee

Raised $8,270 this period and $85,460 this year and received $65,000 in public financing.

Spent $15,651 this period, $130,005 this year, and has $63,410 in the bank and no debt.

Donors include: Realtor John Whitehurst ($500), Bank of America manager Patti Law ($500), KJ Woods Construction VP Marie Woods ($500), and Iron Work Contractors owner Florence Kong ($500).

 

FX Crowley

Raised $5,350 this period, $163,108 this year, and another $25,155 through public financing.

He spent $76,528 this period, $218,441 this year, and has $84,443 in the bank and $7,291 in unpaid debt.

Donors include: Alliance for Jobs & Sustainable Growth attorney Vince Courtney ($250), Thomas Creedon ($300) and Mariann Costello ($250) of Scoma’s Restaurant, stagehands Richard Blakely ($100) and Thomas Cleary ($150), Municipal Executives Association of SF ($500), IBEW Local 1245 ($500), and SF Medical Society PAC ($350)

 

Michael Garcia

Raised $8,429 this period, $121,123 this year, and $18,140 through public financing.

He spent $45,484 this period, $222,580 this year, and has $33,936 in the bank.

Donors include: Coalition for Responsible Growth flak Zohreh Eftekhari ($500), contractor Brendan Fox ($500), consultant Sam Lauter of BMWL ($500), Stephanie Lauter ($500), consultant Sam Riordan ($500), and William Oberndorf ($500)

 

The Milk Club’s strange endorsement vote

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The Harvey Milk Club has decided not to rescind its endorsement of Julian Davis for supervisor in District 5 — although the vote may say more about the geopolitics of the race than the way the club members feel about Davis.

The club members had two resolutions in front of them Oct. 22, a night that also featured the third presidential debate and the do-or-die Giants game. The first resolution would have withdrawn the club’s support for Davis, who lost most of his progressive endorsements after he was accused of groping a woman at a campaign event six years ago. The second would have given an unranked three-way endorsement to Sup. Christina Olague, John Rizzo, and Thea Selby.

Of course, the second resolution wouldn’t even come up unless two-thirds of the club members voted in favor of the first.

And while a number of club members are as unhappy as the rest of the left about Davis’s behavior, the real drama involved the efforts of other candidates in the race to prevent Olague from getting the nod.

Rizzo, president of the Community College Board, told me he showed up and voted against the first resolution. “I didn’t campaign, I didn’t organize, I just showed up for 15 minutes and voted no,” he said. Rizzo’s not supporting or working with Davis — so why try to protect the guy’s Milk Club endorsement? Well, Rizzo knows that Olague is a much bigger threat to him than Davis, whose campaign is on the ropes. So he voted in his own self-interest. 

Rizzo agreed it was “very odd” for him to be in this position, but said he was campaigning to win and didn’t want to see a front-running competitor getting a major club endorsement.

Gabriel Haaland, a longtime Milk Club member who supports Olague, wasn’t happy with that. “In the end, I want a progressive supervisor,” he said. “John and Christina are my top choices, but I don’t want to see London Breed get elected.”

Ah, that’s the subtext here — and it’s a serious one. The left is worried about Breed, who’s the beneficiary of a well-funded independent expenditure campaign by the San Francisco Association of Realtors. That group, which is also pushing hard to oust Eric Mar in District 1, wants to weaken the power of tenants on the Board of Supervisors, and sees Breed as friendly to that agenda.

Breed’s a serious contender — a lot of observers think that she and Olague are in a two-way race, although with ranked-choice voting, Rizzo is also very much in the running, as, potentially, is Thea Selby.

Breed’s supporters didn’t want to see the Milk Club go with Olague, either, and some showed up to vote against rescinding the Davis endorsement. Breed told me she wasn’t actively involved: “I just wanted to stay out of it,” she said. She acknowledged, though, that some of her supporters had told her about the meeting and “there were some people that went there.”

In the end, Club President Glendon Hyde told me, the vote was 53 yes, 42 no — far short of the two-thirds needed to reverse the endorsement.

There were, by all accounts, plenty of Davis supporters in the room. But it’s likely that the combination of Breed supporters and Rizzo supporters was enough to sway the vote and ensure that the Milk Club retained Davis as its only choice.

Both Breed and Rizzo denied working together — but the result was the same: The Milk Club is now about the only significant progressive group in the city still siding with Davis.

 

Dick Meister: Missing a vital election issue!

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By Dick Meister 

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

 

Repeal the Taft-Hartley Act!  That’s a cry working people and their unions very much need to hear, but have not heard in this year’s election campaigning.

It’s hardly surprising that Republican candidates are silent, since repeal would be a great boost to labor. But if only for that reason, President Obama and other pro-labor Democrats should demand immediate repeal.

The law was passed in 1947 in response to a wave of strikes that were called just after World War II by workers attempting to make up for pay lost because of wage controls during the war. President Truman vetoed Taft-Hartley, but Congress overrode the veto to enact what unions of the time denounced as “the slave-labor bill.”

Taft-Hartley drastically amended the National Labor Relations Act (NLRA), which was enacted during the Great Depression to encourage unionization. It reversed the NLRA’s intent by authorizing employers to take a wide variety of anti-union actions.

Most significantly, employers were granted the legal right to intervene in union organizing campaigns. Rather then remaining neutral as before, employers are allowed to wage anti-union campaigns that include requiring workers to listen to their arguments against unionization during working hours, often at mandatory meetings.

Taft-Hartley seriously limits workers’ ability to act in solidarity with others by prohibiting workers from waging sympathy strikes – secondary boycotts – in support of striking members of other unions.

Another key provision outlaws the closed shop, which required workers seeking jobs with unionized employers to join the union representing the workers before they could be hired. The law does allow the union shop, which requires workers to join the union after being hired, but allows states to enact so-called right-to-work laws that ban the union shop.

Twenty-two states, including Texas, the country’s second largest, have such laws. They greatly weaken unions by allowing workers to reap the benefits that unions get in negotiating contracts with unionized employers, but without having to help pay the unions’ costs by joining the unions and paying dues.

Taft-Hartley denies union rights to workers designated by employers as “supervisors,” a category of workers that has been growing steadily. What’s more, employers can fire supervisors who nevertheless try to unionize.

Employers also can use a wide assortment of devices to delay for months, sometimes for years, negotiating contracts with unions that win representation elections.  They also have the right to call for new elections to take away the union rights of election winners.

Unions calling strikes with potentially great national impact face the prospect of the federal government moving in to require an 80-day cooling off period while mediators try to bring about a settlement.

There’s more, none of it designed to further the basic civil right of unionization, but rather to hinder it. Repealing Taft-Hartley obviously should have been a prime issue throughout the 2012 election campaign.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

 

 

 

DCCC’s Mirkarimi resolution gets delayed

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San Franciscans will get a chance to take a deep breath – and their politicians will be able to get past Election Day – before wading back into the sordid saga surrounding Sheriff Ross Mirkarimi’s fitness for office, thanks to a resolution condemning him being pulled from tomorrow night’s San Francisco Democratic County Central Committee agenda.

The measure’s chief sponsor, Zoe Dunning, today sent her DCCC colleagues an email thanking supporters of the measure but noting that “a few of you also expressed your belief that collaborating on an amended but substantially similar resolution would help maximize consensus on the DCCC. In consideration of these sentiments and my desire for consensus, I’ve decided to temporarily withdraw my resolution from consideration.”

Instead, Dunning said that she would reintroduce a new resolution for the following meeting, which is scheduled for Nov. 28. Her resolution condemns Mirkarimi for the domestic violence incident against his wife – for which he accepted criminal responsibility in March and survived an attempt to remove him from office for official misconduct last month – and voiced support for his recall by voters.

Inside sources tell us the reason for the delay has less to do with the substance of the measure than with its timing, coming while emotions are still so raw and emotionally charged on both sides of the Mirkarimi question. Few DCCC members had the stomach right now for a replay of the ugly, hours-long public testimony that marked the Oct. 9 Board of Supervisors meeting – particularly coming during Game 1 of the World Series.

Dunning conceded that one factor in her decision was that she “got the feedback that emotions are a little raw right now,” although she told us her main reason was to gather more support: “The timing aspect of it was getting more consensus on the measure. I’m not doing this to be divisive, but I would like the party to take a stand on this.”

That wasn’t the only dramatic item on tomorrow’s DCCC agenda, which also includes a proposal to revisit the DCCC’s “no endorsement” vote in the contentious District 5 supervisorial race and make an endorsement. The effort was sparked by supporters of London Breed who hope the moderate-dominated body will offer its support to counter current efforts to consolidate progressive support around Christina Olague in the wake of Julian Davis’ current difficulties around his handling of allegations of past misbehavior toward women.

Few sources that we spoke to wanted to offer their predictions for how the D5 endorsement would go, but some were relieved that it was decoupled from the Mirkarimi measure that was placed just ahead of it on the agenda.

Yet Mirkarimi is still likely to be hit with the DCCC’s condemnation when it reconvenes next month, barring a change in the political climate or a deescalation by either the Mayor’s Office or the DV community, which isn’t likely.

Matt Dorsey, the spokesperson for the City Attorney’s Office who was elected to the DCCC in June with progressive support, co-sponsored the resolution and told us a recall election is needed to bring closure to this saga.

In an email response to our questions, he wrote: “First, I disagree that a recall would fuel a continued divisive climate. To the contrary, a successful recall would resolve division. Frankly, even an unsuccessful recall would offer both sides the satisfaction of knowing that voters settled the matter – without questions over the legitimacy of the official misconduct proceeding or legal interpretations of the Charter.”

Mirkarimi didn’t respond to our inquiries, but Olague told us last week that she would like to see the fight put to rest. “What I’m concerned about right now is a lot of people are exploiting issues around domestic violence and politicizing it,” Olague said, calling for people to “stop demonizing him” and accept that he’s been punished and is getting the help he needs. “Now it’s so convenient to try to destroy Ross and I think that’s wrong.”

She said the twin scandals involving how Mirkarimi and Davis have treated women – and how those incidents are being exploited – are damaging the city, but she hopes they will give rise to more productive discussions.

“What I’m concerned about is the progressive movement find a way to heal and come together in a way that is more respectful of women,” Olague told us. “Rather than dancing on the grave of Julian Davis, how do we come together and talk about how we treat women?”

Move on, Mr. Mayor

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EDITORIAL San Francisco politics hasn’t been this tense in years — and it’s not just because of the upcoming election. The battle over Mayor Lee’s attempt to oust Sheriff Ross Mirkarimi has left bitter divisions at City Hall and in communities all over town. And the mayor is only making things worse.

In an odd way — and we say odd because it was so expensive and a misuse of mayoral power — the system worked. Mirkarimi, who had a physical altercation with his wife that left a bruise on her arm, took responsibility and pled guilty to a misdemeanor; he’s now on probation and undergoing counseling.

After the mayor decided to invoke a rarely used Charter provision and suspend Mirkarimi without pay, the Ethics Commission held hearings, conducted and extensive inquiry and voted to uphold the charges, with the chair, Benjamin Hur, strongly dissenting. Every one of the commissioners raised thoughtful points; several poked big holes in the mayor’s case.

Then the Board of Supervisors met — and again, the members carefully considered Mirkarimi’s actions, the language and history of the City Charter, the prevailing law, and the facts of the case. There was remarkably little political grandstanding; we listened to the entire meeting, lasting more than seven hours, and were left with the impression that the supervisors took their job seriously, weighed the case, forced the City Attorney’s Office, representing the mayor, and Mirkarimi’s defense team, to justify their arguments, and rendered a ruling.

Nine votes were needed to remove the sheriff; that’s appropriate for such a profound sanction. Only seven supervisors sided with the mayor, and the four who rejected the charges had excellent, well-stated and credible reasons.

That’s the way the Charter outlined this process playing out, and in the end, the mayor lacked the overwhelming consensus he would have needed to use his executive authority to remove from office someone duly chosen by the voters. It’s done; it’s over. Most of the city would like to move on.

That’s not to say that Mirkarimi should be celebrating. He did an inexcusable thing. Domestic violence advocates have every right to be unhappy with his actions — and nobody, nobody in town should condone his behavior. He’s not denying it, either; he accepted the criminal consequences and will now have to demonstrate that he’s able to do his job.

But the mayor won’t move on. Mirkarimi sent him a note asking for a meeting, and Lee hasn’t responded. That shows a lack of leadership — and a lack of the civility that the mayor promised us when he took office. Ed Lee started this political process, and now that it’s over, he should be leading the effort to pull the city back together, to recognize that there were valid arguments on both sides of this case and his didn’t prevail — and to stop the demonization of people who didn’t agree with him.

Dick Meister: Labor’s wise election choices

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By Dick Meister

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

No issue on the November election ballot anywhere is of greater importance to working people and their unions than Proposition 32 on the California ballot.

As the State AFL-CIO notes in its call for an all-out campaign against Prop 32, it’s “a brazen power play” by billionaire corporate interests and other anti-union forces to all but silence labor’s political voice, while at the same time greatly increasing the political strength of labor’s wealthy opponents.

Prop 32’s corporate sponsors deceptively call their measure an even-handed attempt to limit campaign spending. Yet it would only limit – and severely limit – the political spending of unions. There would be no limit on the political spending of corporations and other wealthy interests.

A Prop 32 victory would have a serious national impact, since passage of the measure in the country’s largest state would certainly lead to attempts to enact similar measures elsewhere.

California Propositions 30 and 38 also could have major, though less direct, effects nationally.  Both measures would raise badly needed new funds for education.

Prop 30, which is widely supported by unions and a broad base of community organizations, would do it through a tax increase that would be levied on wealthy Californians with annual incomes of $250,000 or more.

But Prop 38, bankrolled by some of the same billionaire interests that are contributing heavily to the Yes on 32 campaign, would raise money by taxing everyone, including the poor. And while Prop 30 specifically calls for added education funds to go to schools at all levels, including the community colleges that train workers for jobs that are heavily unionized, Prop 38 does not apply to community colleges.

There are, of course, other state as well as local and national issues and candidates that are of particular interest to labor. That includes, as it very well should, labor-friendly President Obama and just about any other Democrat.

Although the odds are heavily against Democrats regaining control of the House or adding to their narrow margin in the Senate, that has not kept labor and its supporters from trying to beat the odds.

National Democratic strategists are relying on California to be a leader in raising funds to make that happen. They’re sending out an unprecedented barrage of requests to Californians for money for Democratic candidates in general and especially for candidates in battleground states.

Unions are playing an important role in that effort and in many local elections as well. That naturally includes the voting in San Francisco, long one of the country’s premier labor cities and national pacesetter for labor.

As usual, the SF Labor Council and SF unions generally have endorsed all of the Democrats running for national and state offices. It would be hard to quarrel with that or with most of labor’s other choices of who and what to back and oppose on the city’s election ballot.

Locally, labor is backing incumbent Supervisors Eric Mar (District One) and David Campos (District Nine) and newcomer F.X. Crowley, a longtime union leader and activist who’s running in District Seven. All have consistently supported labor.

Labor is rightly eager to defeat Crowley’s opponent, Mike Garcia, a candidate of the downtown interests that have consistently opposed labor.

Voters would be wise to follow the guidance of the teachers union on candidates for the SF Board of Education. The union has endorsed Matt Haney, Beverly Popek, Sam Rodriguez and Shamann Walton. All would be new to the board.

The teachers union and the Service Employees Union local that represent SF City College workers agree that the best candidates for the Community College Board that governs City College are Hanna Leung, Rafael Mandelman and incumbents Natalie Berg and Chris Jackson.

As far as local propositions go, labor’s support for a parcel tax to raise badly needed funds for City College (Prop A) and for a trust fund to help lower and middle income families secure affordable housing (Prop C) makes very good sense.

Unfortunately, labor did not take an official position on Prop G, the policy statement that calls for a Constitutional amendment to reverse the U.S. Supreme Court’s Citizens United decision that has allowed unlimited political spending by corporations and wealthy individuals.

Otherwise, however, labor has provided voters with an invaluable election guide.

Dick Meister, former labor editor of the SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

Daly’s Buck Tavern, a progressive hangout, is closing

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When leftist firebrand Chris Daly left the Board of Supervisors two years ago, amid political treachery that effectively ended a decade of progressive control over the body, the bar that he took over and operated – the Buck Tavern – became a gathering place for progressive activists. It was almost like a government in exile following a coup d’etat.

That changed a bit over the last year as Daly became the full-time political director of SEIU Local 1021 and dropped his regular bartending gigs, although the Buck still showcased community events. But as their lease was set to expire on Oct. 31, Daly and co-owner Ted Strawser were unable to negotiate a new one on terms they could afford, to find a new space, or to find a buyer that would keep the Buck running.

So the Buck Tavern, under the helm of a politico that the SF Weekly once-dubbed Captain Outrageous – in an article recognizing his role in getting a better deal for the city hosting the America’s Cup (and, of course, denying ours) – is set to sink at the witching hour on Halloween. That’s right, the Buck is going under.

“We’ve been able to do some really cool things with the space in terms of housing a community of people,” Daly told us. “We had a good run.”

That community is invited for a last hurrah at the Buck on Oct. 31, with nautical-themed costumes requested. So, ye scurvy dogs, come grab some grog and toast the motley crew that proudly sailed these stormy seas before they descend to Davy Jones locker. Arghhh!

Davis should drop out

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EDITORIAL Kay Vasilyeva, a member of the San Francisco Women’s Political Caucus, has come forward with the allegation that District Five candidate Julian Davis grabbed her and put his hand down her pants at a political bar crawl in 2006. That was six years ago, but it’s still important — and more than the incident itself, the response we’ve seen from Davis is highly disturbing. He’s utterly denying that it ever happened, and retained a lawyer to send Vasilyeva a letter threatening her with legal action if she continues to talk.

While we endorsed Davis for supervisor, we take these charges very, very seriously — particularly coming at a time when relations between men and women in the progressive movement are badly strained.

Since the SF Weekly, which broke the story, suggested that we knew something about Davis’s behavior, we need to state, for the record: When we endorsed Davis, we had heard nothing even remotely close to this type of allegation. Yes, we knew that in his 20s he was a bit of an arrogant ass. We knew that at one point, he actually got into a tugging match with another person over the ridiculous question of who got to hold a campaign sign. We’d heard that, in the past, at somewhat debauched parties, he’d made advances toward women who weren’t interested in his affections.

Those could be the acts of an immature man who has since grown up. And since, on a level of policy, knowledge, and positions, he was by far the best and strongest progressive in the race in District 5, we — along with much of the local progressive leadership — thought he was demonstrating enough maturity that he was worthy of our support.

But this new information, and his response to it, is alarming.

We don’t take last-minute allegations about a front-running candidate lightly; people have been known to dump all sorts of charges into heated races. When we learned about Vasilyeva’s allegations on Oct. 13, we did our own research. We spent two hours with Davis and his supporter and advisor, former D5 Supervisor Matt Gonzalez. We realized that allegations without corroboration are just charges, so we tracked down everyone we could find who might know anything about this incident — and, as we discovered, other similar events. And we have to say: Vasilyeva’s account rings true. Davis’s categorical denial does not.

More than that, we were offended that he in effect threatened with a lawsuit a woman who, at some peril to herself, came forward to tell the public information about someone who is running for elected office. What was the point of that, if not to intimidate her? It’s highly unlikely he’s going to sue (and drag this whole mess into court). He says he was just trying to send a message that he has a legal right to respond to defamation, but this is a political campaign; if he didn’t want to deal publicly with what he must have known were these sorts of potential allegations, he shouldn’t have run for office.

This is a bad time for progressives in San Francisco. The Mirkarimi case has brought to the fore some deep and painful rifts; a lot of women feel that (mostly male) progressive leaders have pushed their issues to the side. For the future of the movement and the city, the left has to come together and try to heal. This situation isn’t helping a bit.

Davis needs to face facts: Supervisors John Avalos and David Campos have withdrawn their endorsements. Assembly member Tom Ammiano is almost certain to do the same. With his inability to handle the very credible charge that he not only groped a woman but lied about it, Davis no longer has a viable campaign in the most progressive district in the city, and we can’t continue to support him.

We have said it many times before: People on the left need to be able to put their own ambitions aside sometimes and do what’s right for the cause. Davis can’t win. He’s embarrassing his former allies. He needs to focus on coming to terms with his past and rebuilding his life. And for the good of the progressive movement, he needs to announce that he’s ending his campaign, withdrawing from the race, and urging his supporters to vote for another candidate.

Davis needs to drop out

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EDITORIAL Kay Vasilyeva, a member of the San Francisco Women’s Political Caucus, has come forward with the allegation that District Five candidate Julian Davis grabbed her and put his hand down her pants at a political bar crawl in 2006. That was six years ago, but it’s still important — and more than the incident itself, the response we’ve seen from Davis is highly disturbing. He’s utterly denying that it ever happened, and retained a lawyer to send Vasilyeva a letter threatening her with legal action if she continues to talk.

While we endorsed Davis for supervisor, we take these charges very, very seriously — particularly coming at a time when relations between men and women in the progressive movement are badly strained.

Since the SF Weekly, which broke the story, suggested that we knew something about Davis’s behavior, we need to state, for the record: When we endorsed Davis, we had heard nothing even remotely close to this type of allegation. Yes, we knew that in his 20s he was a bit of an arrogant ass. We knew that at one point, he actually got into a tugging match with another person over the ridiculous question of who got to hold a campaign sign. We’d heard that, in the past, at somewhat debauched parties, he’d made advances toward women who weren’t interested in his affections.

Those could be the acts of an immature man who has since grown up. And since, on a level of policy, knowledge, and positions, he was by far the best and strongest progressive in the race in District 5, we — along with much of the local progressive leadership — thought he was demonstrating enough maturity that he was worthy of our support.

But this new information, and his response to it, is alarming.

We don’t take last-minute allegations about a front-running candidate lightly; people have been known to dump all sorts of charges into heated races. When we learned about Vasilyeva’s allegations on Oct. 13, we did our own research. We spent two hours with Davis and his supporter and advisor, former D5 Supervisor Matt Gonzalez. We realized that allegations without corroboration are just charges, so we tracked down everyone we could find who might know anything about this incident — and, as we discovered, other similar events. And we have to say: Vasilyeva’s account rings true. Davis’s categorical denial does not.

More than that, we were offended that he in effect threatened with a lawsuit a woman who, at some peril to herself, came forward to tell the public information about someone who is running for elected office. What was the point of that, if not to intimidate her? It’s highly unlikely he’s going to sue (and drag this whole mess into court). He says he was just trying to send a message that he has a legal right to respond to defamation, but this is a political campaign; if he didn’t want to deal publicly with what he must have known were these sorts of potential allegations, he shouldn’t have run for office.

This is a bad time for progressives in San Francisco. The Mirkarimi case has brought to the fore some deep and painful rifts; a lot of women feel that (mostly male) progressive leaders have pushed their issues to the side. For the future of the movement and the city, the left has to come together and try to heal. This situation isn’t helping a bit.

Davis needs to face facts: Supervisors John Avalos and David Campos have withdrawn their endorsements. Assembly member Tom Ammiano is almost certain to do the same. With his inability to handle the very credible charge that he not only groped a woman but lied about it, Davis no longer has a viable campaign in the most progressive district in the city, and we can’t continue to support him.

We have said it many times before: People on the left need to be able to put their own ambitions aside sometimes and do what’s right for the cause. Davis can’t win. He’s embarrassing his former allies. He needs to focus on coming to terms with his past and rebuilding his life. And for the good of the progressive movement, he needs to announce that he’s ending his campaign, withdrawing from the race, and urging his supporters to vote for another candidate.

Was Realtor-financed attack ad illegally coordinated with Lee?

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District 1 supervisorial candidate David Lee might have violated election laws prohibiting candidates from coordinating with groups doing independent expenditures after being featured in a pricey attack ad blasting his opponent, incumbent Sup. Eric Mar.

The San Francisco League of Pissed Off Voters yesterday filed a complaint with the Ethics Commission requesting an investigation into illegal coordination between Lee and the Association of Realtors, which produced an ad entitled “Send Mar Back to Mars,” in which Lee appears to have participated in the filming.

“Our concern is that Lee’s campaign has collaborated with the San Francisco Realtors Association in providing footage,” says Fabiana Ochoa, a member of the steering committee for the League.  “That’s really a violation of the law.  It’s a concern this year because we see how national super PACs have an influence on campaigns.”

Lee’s direct fundraising and the allegedly independent expenditures on his behalf this week topped $557,486 – more than any other San Francisco supervisorial campaign in history — prompting the Ethics Commission to again raise the expenditure cap on the public financing in Mar’s race. Lee and his campaign have refused to answer questions about this or other issues. 

“No one has ever seen that kind of spending here in San Francisco.  It’s turned into a challenging and nasty campaign,” Ochoa said.  “It’s a small district but the game has changed.”

Progressive groups — including the League, San Francisco Tenants Union, and Harvey Milk LGBT Democratic Club — are fighting back with a rally scheduled for this Monday at 5pm outside the Realtors Association office at 301 Grove Street. They’re urging participants to bring pots and pans, reminiscent of the group of scowling children who were smeared with dirt and banging pots and pans in the video.   

In an email to the Guardian, the Ethics Commission’s Executive Director John St. Croix said, “The Ethics Commission can not confirm, deny or discuss complaints.” If the Ethics Commission does investigate and finds that Lee knowingly participated in this advertisement, it is unclear what exactly the penalty will be and the District Attorney’s office is not jumping to any conclusions yet. “For now it’s still with the Ethics Commission so we can’t comment on it,” says Stephanie Ong Stillman, press secretary for the D.A.’s office.

In a time when corporations are considered people and wealthy interests have unprecedented political influence in elections, all eyes are on the candidates and how honestly they run their campaigns.  Current San Francisco law prohibits candidates from organizing with independent expenditures like this one.

The ad, which cost $50,000 to make, mocks Mar’s efforts to remove toys from McDonald’s Happy Meals by featuring kids protesting his policies.  The glossy 3 ½ minute commercial is high-quality with Hollywood production value, leaving skeptical viewers wondering if Lee’s cameo was staged and his participation deliberate.   If it was, then Lee also violated laws that ban candidates from accepting campaign contributions exceeding $500.

The Association of Realtors clearly has an interest in David Lee, considering Mar supports tenant rights, and the Tenants Union has make its rally and campaign an effort to “save rent control” and called it a “march on the 1 percent” that is trying to buy the Board of Supervisors and remake San Francisco.

Realtors Association President Jeffery Woo would not discuss the issue when reached by phone.  In an emailed press statement to the Guardian, the Association of Realtors wrote, “ We stand by the facts, and humor, of the video we produced on the election in District 1 and do not plan to remove it from YouTube as it has achieved success in raising important issues in San Francisco.”

The Guardian also reached out to the political media expert who produced the film, Fred Davis, but he did not return our calls. 

Davis, who served as chief media strategist for John McCain’s 2008 presidential campaign, is a Hollywood-based veteran of campaign marketing and has produced some of the most notorious political ads in recent history including the Demon Sheep video for Carly Fiorina’s 2010 GOP senate campaign.  He also created the highly lampooned 2010 ad featuring Delware Senate candidate Christine O’Donnell, who assured viewers that she was “not a witch.” 

Judge for yourself whether Lee participated in the making of this video:

 

Gascón’s challenge to Mirkarimi belies his own official shortcomings

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The backlash against Sheriff Ross Mirkarimi’s reinstatement by those who oppose him has often been biting and bitter – an indicator that coming together around real solutions to domestic violence, something most supervisors pledged, could still be difficult – but the most hypocritical reaction came yesterday from District Attorney George Gascón.

“Ross is now reinstated as our Sheriff and I accept that. What I will not accept is any compromise of public safety as a result of his reinstatement. Ross Mirkarimi is on probation in this county for a crime of domestic violence. He is, at a minimum, incapable of adequately performing the functions of his office that relate to crimes of domestic violence,” Gascón said in a public statement, calling for Mirkarimi to “wall himself off” from all domestic violence programs and inmates and hire an independent special administrator to oversee them.

Gascón didn’t explain why he believes Mirkarimi can’t oversee these functions, although that’s been a common refrain among Mirkarimi’s critics, almost an article of faith that to them needs no explanation. I understand the sentiment, but as a practical matter, it still doesn’t make sense to me (I’d welcome comments that could offer insights or explanation). I’ve also posed that and other questions to both Gascón and his spokesperson, Stephanie Ong Stillman, and I’ll include an update when I hear back.

Maybe the issue is a conflict of interest, the belief that Mirkarimi will either be too easy or too hard on domestic violence inmates or programs, which seems to be stretch. But if that’s the case, Gascón should get off his high horse. Gascón was the police chief when then-Mayor Gavin Newsom appointed him as DA, and there were many voices in the community who questioned such an unconventional move, one that raised obvious questions about whether Gascón could be objective about cases of police abuse, evidence tampering, or assorted other cases in which he would be called upon to make tough judgments about the SFPD. There were calls for Gascón to wall himself off from such cases, which he refused to do, even though that was arguably a more serious and direct conflict of interest than Mirkarimi overseeing the jail.

Also, let’s not forget that it was Gascón who started this whole ordeal by deciding to charge Mirkarimi with domestic violence crimes, accept the plea bargain to misdemeanor false imprisonment, and recommend the punishment that the court accepted – which included the highly unusual requirement that Mirkarimi issue a public apology to his neighbor, Ivory Madison, who went to police against the wishes of Mirkarimi’s wife. At the time, Mirkarimi was serving as sheriff and overseeing all the department’s functions – and he wasn’t letting the batterers run free or battering them himself – and Gascón didn’t raise this issue of then or make it a condition of Mirkarimi’s plea, which he certainly could have.

Finally, there was this sanctimonious statement by Gascón: “As the chief law enforcement official in this City and County, I will stand unapologetically with the victims. I will work tirelessly to be sure both victims and witnesses know this city does not tolerate domestic violence.” Yet the record of his office indicates something that falls far short of tireless efforts to combat domestic violence.

As a San Francisco Public Press investigation revealed last month, San Francisco has by far the lowest rate of domestic violation prosecutions of any Bay Area jurisdiction, a terrible record that has gotten even worse since Gascón took over. Whether judged by the number of domestic violence cases filed per capita (29.5 per 10,000 residents, compared with 58.5 in the region) or the number cases it received that it declined to prosecute (it dropped 6,200 of the 8,600 cases that it received from police), Gascón has no business claiming to show zero tolerance for domestic violence. His prosecution of Mirkarimi was more aberration than rule.

We’ve been trying to get a comment out of the DA’s Office on this issue for weeks, and they still haven’t replied (Stillman told me today that “we’re still working on it”). Gascón was also asked about his office’s poor record on domestic violence recently on KQED’s Forum and gave only a deflective non-answer. Perhaps he’d be better off figuring out how his office could so consistently fail the victims of domestic violence rather than worrying so much about the too-few of them that he’s managed to send to jail.

We all understand what an emotional and important issue domestic violence is, and even how unsettling it may be to many to have Mirkarimi as sheriff. But the members of the Domestic Violence Consortium and La Casa de las Madres – those who have led the campaign to oust Mirkarimi – aren’t the only people who care about this issue.

During the public comment portion of Tuesday’s Board of Supervisors meeting, there were many domestic violence victims who expressed more outrage over the failure of these domestic violence groups or the DA’s office to support them than they were about Mirkarimi continuing to be the sheriff. The city just spent $1.3 million trying to remove Mirkarimi and another [[CORRECTED FIGURE: $140,000]] paying his interim replacement, Vicky Hennessy – money that could have been better spent directly responding to domestic violence than this fruitless symbolic stand.

But that’s over now, just like their efforts to remove Mirkarimi, and we all need to move on instead of trying to re-fight this difficult battle over and over again. People can still disagree with what happened and vent and be angry – and from what we’re hearing from City Hall, many of the messages have been quite savage, some even threatening violence. They can even work on a recall campaign or take other political actions.

Yet we all still share a city – a wonderfully diverse city with a wide range of perspectives and opinions – and we’re all forced to accept things about it that we don’t like. Gascón doesn’t get to decide who the sheriff is or how he plays that role any more than Mirkarimi got to tell Gascón how to do his job – despite suffering far more direct impacts.

We each have our roles to play, and we’ll all be better off if we do them well and accept that we live in a rainbow city, not a black-and-white world.

Avalos, Campos, Kim, Olague: Four profiles of courage at City Hall

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Supervisors John Avalos, David Campos, Jane Kim, and Christina Olague earned profiles of courage for their votes to reinstate suspended Sheriff Ross Mirkarimi up against enormous pressure for a political assassination, accelerated by Mayor Lee’s demand for a pre-election vote.

And the other seven supervisors, well, they helped answer the question, who’s afraid of Willie Brown? Who’s afraid of Rose Pak?

Note to Mirkarimi: It’s time to repair the damage and get back to work implementing the ambitious program of rehabilitation outlined in your splendid inaugural address as Sheriff.

Unsolicited advice to mayor Ed Lee: Stop taking bad advice.

See my “Profiles of courage” blog for the context of this crucial vote.

Mayor’s aide’s totally inappropriate text to Olague

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Wow — a source just passed me the text messages that Tony Winnicker, a senior advisor to Mayor Lee, send to Sup. Christina Olague after her vote on the Mirkarimi case.

It’s totally crazy, outrageous — and inappropriate coming from a top mayoral staffer. Check it out:

As your constituent you (sic) disgust me and I will work night and day to defeat you. You are the most ungrateful and dishonorable person ever to serve on the board. You should resign in disgrace.

Winnicker confirmed to me that he wrote the text, but insisted he wasn’t speaking for the mayor:

As you know I am not the Mayor’s spokesperson and have not been for some time, especially on matters like this. I am, however, a district five constituent who disagrees strongly with my district supervisor’s vote last night and i took the opportunity to express my opinion and extreme disappointment in her decision and judgment. It is just that, however, my personal opinion and frustration with her vote, a frustration shared by many fellow district five residents who agree with Mayor Lee and the majority of the Board of Supervisors that Ross Mirkarimi should not be Sheriff.

Holy shit. I hope the mayor tells Mr. Winnicker that this is not an example of the “civility” Lee is trying to promote at City Hall.

Mirkarimi case — the aftermath

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So many things to think about after last night’s Board of Supervisors vote on Ross Mirkarimi. It was a dramatic moment in local politics, a clear rejection of the mayor by four supes, including one of his appointees, a show of political courage by some and weakness by others.

But before I get into that, let me say:

I argued against removing Mirkarimi, for a lot of reasons. One of the most important is the precedent here — the City Charter gives the mayor too much power, the ability to singlehandedly remove an elected official for what the city attorney’s office concluded was pretty much any reason at all. There is no definition of “official misconduct” — and the way this case was presented, it could be interpreted really broadly. That’s dangerous, and the supervisors (or four of them, anyway) knew it.

I’m also a believe in restorative justice, in redemption, in the idea that people can do bad things and turn themselves and their lives around.

Still, it’s important to remember that what Mirkarimi did on New Year’s Eve, 2011, was awful, unacceptable. He was, at the very least, a total asshole and a jerk, treating his wife in a way that was — again, at the very least — psychologically abusive. Some of the comments at the board meeting were way off base; some speakers attacked the domestic violence community and made it sound as if Mirkairmi’s crime was pretty minimal.

I agree with David Chiu that the city’s going to have to come together after this — and the progressives who supported Mirkarimi are going to have to reach out to, and work with, the DV advocates. Because domestic violence is no joke, is no “private matter,” is still a major, serious issue in this city, and the worst possible outcome would be a reversal in San Francisco’s progressive policy on handling these cases.

I wish the audience hadn’t erupted in cheers when the final votes were cast. I heard Mirkarimi on Forum this morning, and when Michael Krasny asked if he was “elated,” he indicated that he was. Wrong answer: Nobody should be happy about what happened here. Mirkarimi’s biggest political and personal flaw has always been his ego, which at times bordered on arrogance, and that has to end, today. The sheriff needs to be humble about what happened to him, recognize that nobody “won” this ugly chapter in city history, and get back to work trying to mend fences with his critics. He’s facing the very real possibility of a recall election, and if he acts like he’s been totally vindicated, it’s going to happen.

This is a chance for Mirkarimi to take the notion of restoration and redemption seriously — by doing what Sup. John Avalos suggested at the hearing. He has to become a changed man. He has to show the world that he really, really gets it. Starting now.

Speaking of change …. the Number One Profile in Courage Award goes to Sup. Christina Olague. Olague was under immense pressure from the mayor, who wanted her vote badly. And because of the rotation of the votes, she had to go early, when it wasn’t clear at all which way this was going to turn out. And she came through, 100 percent solid. She made all the right points, and once she said she was going to vote against the mayor’s charges, the whole thing was over. At that point, there was no way David Campos or John Avalos could or would go the other way, so Mirkarimi had his three votes. I have been critical of Olague, but in this case, I want to give full credit: She did the right thing, when it wasn’t easy. She may have just won the election. (Let me clarify that — she may have kept herself from losing the election.)

Sup. Jane Kim was brilliant in her questioning of the mayor’s representatives and her analysis of the case. She showed real leadership and helped set the stage for what happened by pointing out the flaws in the mayor’s case.

And of course, Campos and Avalos, the undeniable, solid left flank of the board, came through.

It wasn’t easy for any of these four supervisors, and they all deserve immense credit.

Not so Eric mar, who I realize is in a tough race, but … when Olague, who has been accused of being too close to the mayor, had the courage to stand up, Mar, who has nearly universal progressive support, did not.

This is a great opportunity for the city to start talking about restorative justice in a serious way. Let’s get started.

 

 

Local censored 2012

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BEHIND THE MIRKARIMI CASE

In early January, details from the police investigation of then-Sheriff-elect Ross Mirkarimi bruising his wife’s arm during an argument were leaked to the San Francisco Chronicle and other news outlets. The key piece of evidence was a 45-second video that Mirkarimi’s wife, Eliana Lopez, made with her neighbor, Ivory Madison, displaying the bruise and saying she wanted to document the incident in case of a child custody battle. That video convinced many of Mirkarimi’s guilt, and a majority of Ethics Commissioners say they found it to be the main evidence on which Mirkarimi should be removed from office on official misconduct charges (the Board of Supervisors was scheduled to vote on Mirkarimi’s removal on Oct. 9, after Guardian press time).

But that video was only a small part of the overwhelming and expensive case that Mayor Ed Lee brought against Mirkarimi, including the more serious charges of abuse of power, witness dissuasion, and impeding a police investigation, all of which go more directly to a sheriff’s official duties. All of those charges got lots of media coverage and they helped cement the view of many San Franciscans that Mirkarimi engaged in a pattern of inappropriate behavior, rather than making a big momentary mistake. Yet most of the media coverage during the six months of Ethics Commission proceedings ignored the fact that none of the evidence that was being gathered supported those charges. Indeed, all those charges were unanimously rejected by the commission on Aug. 16, a startling rebuke of Lee’s case but one that was not highlighted in many media reports, which focused on the one charge the commission did uphold: the initial arm grab.

 

 

THE NEXT DOT-BOMB

In the late 1990s, San Francisco was in a very similar place to where it is now. The first dot-com boom was full bloom, driving the local economy and creating countless young millionaires — but also rapidly gentrifying the city and driving commercial and residential rents through the roof (great for the landlords, bad for everyone else). And then, the bubble popped, instantly erasing billions of dollars in speculative paper wealth and leaving this a changed city. The city’s working and creative classes suffered, but the political backlash gave rise to a decade with a progressive majority on the Board of Supervisors.

The era ended in 2010 when Ed Lee was appointed mayor, and he began ambitious agenda of pumping up a new dot-com bubble using tax breaks, public subsidies, and relentless official boosterism to lure more tech companies to San Francisco. Lee has been successful in his approach, in the process driving up commercial rents and housing prices. By some estimates, about 30 percent of the city’s economy is now driven by technology companies.

Yet there have been few voices in the local media raising questions about this risky, costly, and self-serving economic development strategy. The Bay Citizen did a story about Conway’s self interested advice, the New York Times did a front page story raising these issues, and San Francisco Magazine just last month did a long cover story questioning how much tech is enough. But most local media voices have been silent on the issue, and much of the damage has already been done.

 

OLD POWERBROKERS RETURN TO CITY HALL

More than a decade ago, then-Mayor Willie Brown and Chinatown power broker Rose Pak worked together to empower big business, corrupt local politics, and clear the path for rampant development — an approach that progressives on the Board of Supervisors repudiated and slowed from 2000-2010. But Brown, Pak, and a new generation of their allies have returned in power in City Hall, and it’s as bad as it ever was.

Many San Franciscans know of their high-profile role appointing Lee to office in early 2011. But their influence and tentacles have extended far beyond what we read in the papers and watch on television, starting in 2010 when their main political operatives David Ho and Enrique Pearce ran Jane Kim’s supervisorial campaign, beating Debra Walker, a veteran of the fights against Brown’s remaking of the city.

Now, this crew has the run of City Hall, meeting regularly with Mayor Lee and twisting the arms of supervisors on key votes. Pearce and Ho persuaded longtime progressive Christina Olague to co-chair the scandal-plagued Run Ed Run campaign last year, she was rewarded this year with Lee appointing her to the Board of Supervisors. Pearce has been her close adviser, and most of her campaign cash has been raised by Brown and Pak. Even progressive Sup. Eric Mar admits that Pak in raising money for him, a troubling sign of things to come.

 

THE REAL OCCUPY STORY

The Occupy San Francisco camp that was cleared by police last week may have been mostly homeless people. And major news media outlets from the start reported that Occupy was dangerous, filthy, and a civic eyesore.

But last fall, the camps were comprised of a huge variety of people that chose to live part or full time on the streets. Students, people with 9-5 jobs, people with service jobs, and the unemployed were all represented. Wealthy people who lived in the financial districts where camps popped up mixed with working-class people who came from suburbs and small towns. Families came out, welcomed in the “child spaces” set up in many Occupy camps throughout the country. Most camps also boasted libraries, free classes, kitchens, food distribution, and medical tents.

As news media focused on gross-out stories of pee on the streets and graphic descriptions of drunk occupiers, they managed to ignore the complex systems that were built in the camps. Nor did anyone mention that homeless people have the right to protest, too.