Supervisors

Okay, the SF results are in

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By Tim Redmond

Or at least, enough to call the election as far as I’m concerned. With about half the votes counted, nothing has changed from my last post : Prop. A wins, of course. But so does Prop. B — which may go down as the most significant outcome of the evening. It’s a vote of confidence in the Board of Supervisors, especially since there was no real Yes campaign and the No campaign played on the supposed mistrust in government, which apparently isn’t working in San Francisco.

Prop. C wins, of course. Prop. D loses, no surprise. Prop E was always a winner.

I honestly didn’t think Prop. B had a chance. Neither did a lot of its backers. So the district supes are more popular than the mayor or a lot of the established pundits think.

Okay, we’ve got numbers

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By Tim Redmond

And a couple of surprises.

With just the absentee ballots in — traditionally the most conservative votes — Prop. A is cruising to victory. No surprise there — that one was going to win easy.

Prop. B, which would take out of the City Charter the mandate that the supervisors hire no more than two staffers — is actually ahead in the absentees. That’s a big surprise — I suspected that the more conservative voters would buy the argument that the supes will just run wild and hire armies of staffers.

But there’s a message here — people LIKE district elections, and for the most part (while the reputation of legislative bodies in general ain’t that great) people seem to LIKE the San Francisco Board of Supervisors. They seem to realize that the board members have a huge amount of work to do, and need more help to properly serve voth the city and their own districts.

Prop. C, allowing the city to sell naming rights to Candlestick, is winning and will will handily.

Prop. D — the controversial measure to allow electronic billboards in Mid-Market — is losing, narrowly — but as the more progressive votes come in, that will widen and Prop. D will go down.

Oh — City Attorney Dennis Herrera and Treasurer Jose Cisneros are getting re-elected.

SF seeks green power alternatives to PG&E

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By Steven T. Jones and Rebecca Bowe

With a unanimous vote by the Board of Supervisors today, San Francisco took a big step into the clean energy business, approving the issuance of a Request for Proposals for projects that will be part of the Clean Power SF program that will compete for customers with Pacific Gas & Electric Co.

The city’s version of the so-called Community Choice Aggregation program has involved “seven years of preparing San Francisco to get into the green energy business,” said Sup. Ross Mirkarimi, who has shepherded the program as chair of the Local Agency Formation Commission (LAFCo).

While PG&E has relentlessly attacked CCA efforts, both locally and through a statewide initiative campaign for would require a two-thirds popular vote for counties to create them, the 11-0 vote here seems to indicate Clean Power SF isn’t as controversial as PG&E would like people to believe.

“This step is a very important step and it’s been an eye-opening experience to serve on LAFCo,” Sup. Bevan Dufty, referring to opposition from PG&E and some of its business community allies and adding, “When the public understands the issues, they like competition and a more sustainable city.”

Which union got hit hardest?

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By Melanie Ruiz

It’s not fair!…Or not equal, anyway.

A chart we’ve created — you can see it here (PDF) — shows how the city’s unions fared during the layoffs and forced givebacks of the last budget cycle. The cuts shown are for Fiscal Year 2009-2010. The layoff figures cover the past three fiscal years.

The figures show that Service Employee International Union (SEIU) Local 1021, representing many front-line workers, took by far the largest hit. For example, Local 1021’s city employees and per diem nurses gave back 3.22% of their total pay and benefits base, whereas the Municipal Executives’ Association (MEA), which represents higher-paid managers, only gave back 1.5%.

The chart, compiled from data provided by the Controller’s Office, seems to support the argument that Local 1021 members have been making for months: Mayor Gavin Newsom has balanced the budget by cutting front-line, lower-paid workers instead of skimming the fat from upper management corridors.

Ed Kinchley, a member of Local 1021’s health care division bargaining team, says he “doesn’t understand why the mayor doesn’t get it — that the people at our level, who are often providing services directly to the general public, need to be properly compensated and treated with some respect.” The numbers show that Local 1021 has been hit hardest by layoffs. Kinchley says it’s “blatantly unfair” that over the past three fiscal years, 82% of the city’s layoffs have been from SEIU bargaining units.

There are more managers than in the past, yet fewer line workers to manage. Kinchley doesn’t see any sensible explanation for these figures, “except for observing the mayor to be out to get us and our union.” For laborers on the front-lines, there is something important that the numbers don’t convey – the consequences of real people loosing their their livelihoods and San Franciscans losing crucial public services.

Nathan Ballard, Newsom’s press spokesperson, hasn’t yet responded to our request for comment.

The Board of Supervisors Budget Committee will hold a hearing tomorrow on legislation by Sup. John Avalos that would trim management positions to save health-care workers; Sup. Chris Daly has another bill to restore funding for front-line health workers. “We will be there,” says Kinchley. “We are looking with a lot of interest in supporting what Supervisors Avalos and Daly are doing at the board.”

PG&E’s spooky stories headed to your mailbox

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By Rebecca Bowe and Rachel Sadon

At a Halloween-themed press conference on the steps of City Hall this afternoon, Supervisors Bevan Dufty and Ross Mirkarimi warned that PG&E plans to disseminate misleading information about the city’s Community Choice Aggregation (CCA) program.

The attack comes on the heels of the Board of Supervisor’s approval of a request for proposals for Clean Power SF, San Francisco’s own fledgling CCA, which seeks to provide competitively priced and significantly greener energy than PG&E. The CCA would challenge PG&E’s monopoly in the San Francisco Bay Area, and the utility is expected to fight it tooth and nail.

Sup. Dufty got a heads up from a PG&E employee this morning that mailers criticizing the program would be sent out tomorrow. Recalling last year’s multimillion dollar campaign against Prop H, an initiative for public power, Dufty emphasized that the city does not nearly have the funds to match a misinformation campaign.

Tom Ammiano denounced PG&E and their tactics as “avaricious, criminal, morally corrupt” and “a throwback to robber barons.”

Though the content of the mailers is unknown, it has already created a stir around City Hall and throughout the community that is advocating for community choice. At the press conference, which was scheduled with very little advance notice, Dufty and Mirkarimi were joined by Sup. David Campos, San Francisco Public Utilities Commission director Ed Harrington, state senator Mark Leno, and Sierra Club representatives Michael Borenstein and John Rizzo.

Mirkarimi, chair of the Local Agency Formation Commission (LAFCo), insisted that “San Francisco is steadfast in its commitment to Community Choice Aggregation,” and stressed that “PG&E continues to mock our commitment to green energy and will do everything in their power to circumvent the process.”

Newsom’s out

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By Tim Redmond

So Gavin Newsom made official what so many have been speculating on for so long: He’s out of the governor’s race.

And I suspect that means he’ll be in the city until his term ends in 2012.

There’s been a lot of talk of him running for lieutenant gov, but one source in City Hall who is close to Newsom told me that’s unlikely — because if he won the second-tier post and left the city for Sacramento, the Board of Supervisors would be able to choose his replacement.

“His supporters here would be furious,” the source said. “It’s one thing to turn the city over to David Chiu and Aaron Peskin to take over as governor of California. But to do it for the worthless lieutenant governor job? The money people would never forgive him.”

Cal-ISO still won’t approve full shutdown of Potrero power plant

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A group of San Franciscans who’ve been pushing for complete closure of the Mirant Potrero Power plant traveled to Folsom, Calif. today to testify before the California Independent System Operator (Cal-ISO), a quasi-governmental agency that has required the plant to stay open for reliability purposes despite longstanding opposition from elected officials and grassroots organizations.

“I keep hearing the word ‘stakeholders,’” noted Marie Harrison, an organizer with San Francisco-based Greenaction for Health and Environmental Justice, following comments delivered by the Cal-ISO’s Board of Governors. “I simply want to let you know that your biggest stakeholders are not at the table — and that be us,” she said. “I realize that the grammar is not quite correct, but I did that purposely, because I needed to have your attention when I say that. Unless we are at the table with, quote, the stakeholders, you don’t really have a true representation.”

The aging power plant has been opposed by multiple community organizations, Boards of Supervisors, and San Francisco mayors, but it remains in full operation. And as of today’s Board of Governor’s meeting, the most the Cal-ISO would commit to is removing the largest unit by the middle of next year, despite an agreement that the San Francisco City Attorney’s office struck with Mirant to shutter the entire plant by the end of 2010.

Others who turned out from San Francisco included John Lau, an aide to Sup. Sophie Maxwell; Theresa Mueller, representing the San Francisco City Attorney’s Office; and two representatives from the Brightline Defense Project, a nonprofit organization that focuses on environmental justice.

“We really are almost there,” Mueller told the ISO Board of Governors. “We would like to push you as much as we can on the Unit 3 closure.” As for the other units, “We’ve submitted comments to you over the course of the last few months based on work that PG&E has done, work that we’ve done, and work that the ISO staff has done, and we believe those units will not be needed after 2010,” she added.

Unit 3 is the primary electric generating unit at the plant. Powered by natural gas, it operates close to 24 hours a day, and community organizers say it has contributed to health problems in the city’s Southeast sector. At today’s meeting, Cal-ISO representatives said that Unit 3 could be released from a requirement to stay in operation by the middle of next year — provided the TransBay Cable comes online as scheduled. That’s much later than San Francisco activists and elected officials had hoped for.

Newsom vetoes sanctuary amendment, Board mulls options

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Text and photos by Sarah Phelan

Estella15bc.jpg
All mothers of immigrant youth, like Estella (center) are asking, is for the City to give their kids a day in court before handing them over to the feds for possible deportation. Is that really too much to ask?

No one was surprised when Mayor Gavin Newsom vetoed the Board’s newly passed sanctuary ordinance amendment today. That’s because the mayor, in between leaking confidential memos, has been threatening to do that for months

But Newsom’s move leaves the Board mulling its options, including legal action, since mayors don’t seem to have the authority to refuse to enact legislation that’s been approved by a veto-proof majority of supervisors.

Newsom’s move also raises the question of the whereabouts of the 114 juveniles who have been picked up by federal immigration authorities since the mayor began requiring city probation officers to act like extensions of the federal government.

Under the policy that Newsom ordered without public input or review in June 2008, city officials are required to refer kids to US immigrations and Customs Enforcement (ICE) based solely on allegations that they have committed a felony and on the probation officers’ own suspicions that these kids are undocumented.

That seems like a huge burden to place on the probation officers’ shoulders. And meanwhile, we are not aware of
anyone in the Mayor’s Office giving any kind of public accounting of where these 114 youth,s who have been disappeared with the help of our tax payer dollars, are being held, or whether they actually have been deported.

Meanwhile, immigrant advocates report that they have had zero success getting Newsom to meet them in person, in the 16 months since the mayor ordered his policy shift, last summer.

Recently, faced with leaked memos and a damaging misinformation campaign , it’s fallen to the parents of these disappeared children to explain the painful consequences of having their kids unjustly ripped from their families, and still the mayor refuses to meet with them.

Newsom claims that the sanctuary policy “was never meant to serve as a shield for people accused of committing serious crimes.”

If that’s true, then the policy needs the Campos amendment to make it a just and fair treatment of immigrant youth.

Under the Campos amendment, any immigrant juvenile found guilty of having committed a serious crime will be deported. But those found innocent will be spared the terrifying experience of finding themselves in federal hands, awaiting deportation, even though they never actually committed a felony crime.

Campos has repeatedly pointed out that federal law does not require city officials to act as federal agents.

But so far, Newsom’s policy has done just that, and has already led to a 15-year old girl being whisked off to Miami, because she got in a fight with her sister, a 14-year old boy being taken into federal custody because he brought a BB gun to school, another youth being picked up by ICE for graffiti infractions, all because San Francisco probation officials picked up the phone and called ICE, before those kids had a chance to prove their innocence,

That’s why eight supervisors, representing a city a third of whose inhabitants are foreign born, voted yesterday to make a minor amendment that will majorly improve Newsom’s policy. And for that, the Board should be commended.

Poor turnout

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news@sfbg.com

The Guinness World Record for the largest mobilization of human beings was recently broken when 173 million people demanded that their governments eradicate extreme poverty around the world. But U.S. media barely noted the call and San Francisco’s event had low attendance, suggesting an uphill struggle for the cause in the world’s richest nation.

Millions gathered at more than 3,000 Stand Up, Take Action events in 120 countries Oct. 16-18 in an attempt to put pressure on governments to achieve the United Nations Millennium Development Goals, but less than 30 people gathered on the steps of San Francisco City Hall to support the movement.

Sup. John Avalos was one of the speakers at the event, organized by a coalition of local activist groups and student volunteers. Admitting that he was "expecting it to be a little bigger," Avalos said the event was just the start of what needed to be a much larger movement by the American people.

"There is a strange phenomenon occurring at the moment. It’s as if people are a little bit asleep about the need to be active," Avalos told the Guardian. "Because we have an administration they view as being more supportive of human rights and economic and social justice, people are being lulled into thinking things will just get better."

Standing just a short walk away from the birth place of the United Nations, Avalos bought attention in his speech to the rich history San Francisco has in mobilizing social change. "We do the best to live up to it, but we have a long way to go. Around the world this is the time to uproot poverty — we try to provide a safety net, but it could be stronger."

The Stand Up, Take Action, End Poverty Now! campaign is in its fourth year and is organized by the UN Millennium Campaign in an attempt to raise awareness of the Millennium Development Goals (MDGs), a series of benchmarks designed to eradicate global poverty.

At the United Nations Millennium Development Summit in 2000, 189 world leaders promised to "end poverty by 2015." The eight goals include eliminating extreme poverty and hunger, achieving universal primary education, and combating HIV/AIDS, malaria, and other diseases.

Rep. Barbara Lee (D-Oakland) has authored or coauthored every major piece of legislation dealing with global HIV/AIDS issues since she was elected to Congress. She told the Guardian that MDGs must be placed in context with poverty in America. "Sometimes people argue that we must look after our own first, but my position is that if you look at the eight Millennium goals, they all apply to our own country too," Lee said. "Look at the plight of people who are disproportionately affected by HIV/AIDS in our country — especially in African American and Latino communities.

"With the economic downturn, poverty rates in America are soaring, putting more people into circumstances the MDGs focus on outside of America," she continued. "I think it really is important to make those connections."

Lee compared the foreclosure crisis and lack of regulation in the financial markets over the last eight to 10 years to the "wild West" and calls America’s 47 million uninsured a "moral disgrace."

"It is about priorities and political will, and this will be determined by the voices of people saying it must be done," she said. "People have to push for these changes and remember that it didn’t just stop with the election. We have to raise awareness while at the same time working on changing policy. Otherwise we can get stuck debating issues and not doing the work that has to be done to change these very deplorable conditions."

Sup. David Campos was the only other supervisor to speak at the Civic Center event. He said he is committed to the fight against global poverty and wants to see the government represent the values San Francisco was founded on.

"We need to shed light and bring attention to one of the largest issues facing the world today — severe poverty," Campos said. "I really believe that as a city, as a state, and as a country, we not only need to make sure we push the U.S. to follow the lead of other countries, but actually become a leader in making these Millennium goals a reality."

After the event, Campos told the Guardian: "It doesn’t surprise me that more people didn’t show up to the event. But part of the task is to spread the word. San Francisco has been a leader in a number of these issues in the past, and I think we should play a key role in this one."

Campos said that one solution might be to put forward a resolution before the Board of Supervisors to support MDGs and have the city take a formal position on it.

"It is definitely something we are talking about to demonstrate San Francisco’s commitment to the issue," he said. "A lot of people don’t know about the goals, or the fact that the U.S. hasn’t really made them a priority. We need to spread the word and let people know this kind of a movement is only going to be a success if people take it upon themselves to play a leadership role."

Brian Webster, a volunteer who organized the SF event, drew attention to the large number of supporters for the MDGs in California. More than 250,000 people have signed up for the One Campaign, a global NGO that partnered with the U.N. Millennium Campaign in the events.

"For campaigners, it is now a matter of trying to join together and identify vast strategies to communicate what needs to be done," Webster said. "We will continue to educate communities, politicians, and civic leaders in what can be done this month, in the next six months, and ultimately, in the next six years."

While the Bush administration rarely mentioned MDGs while in office, many activists believe President Barack Obama’s public recognition of the goals at a recent U.N. summit demonstrates a change in American policy.

"In other countries, there has been more education and awareness about the goals. But here in America, it is almost like we are starting eight years late," said Anita Sharma, the North American director for the U.N. Millennium Campaign. "President Obama has said that the MDGs are American goals and has even talked about his plans for achieving them."

Also, despite the low numbers at the San Francisco event, Sharma says more than 190,000 people from North America participated in last weekend’s campaign, an increase of more than 70,000 from last year’s attempt.

"It’s not like Americans don’t care about global poverty — in fact we give more in charitable contributions than any other country in the world," she said. "It just takes quite a lot to get Americans into the streets and mobilized. There needs to be more education out there, that’s all."

Ananya Roy, a UC Berkeley professor of city and regional planning and education director of the Blum Center for Developing Economies, says she doesn’t think MDGs can be achieved worldwide by 2015. Even so, she stressed the important role they played in the framework of development.

Speaking at UC Berkeley’s Stand Up and Take Action Event, she said: "The goals are important because they are seen as a new global social contract that makes issues of poverty and inequality quite urgent. They also come with measurements and targets, which is meant to create accountability."

Roy placed particular emphasis on the eighth goal: building a global partnership for development. She noted that that increased awareness can change the ways the U.S. and European governments operate in terms of aid and trade.

"This multilateral contract requires more than simply the action and leadership of the U.S. and Western Europe," she said. "We need to think about poverty and inequality that is immediately around us, understand how we are involved in the production of depravity, and then we must act in solidarity.

"We need to be thinking about poverty as it exits here in the U.S. and not just as an abstract problem that belongs to someplace else," she added. "It is also our problem."

According to a 2009 U.N. report, progress toward achieving the MDGs has been slow in some cases and certain achievements have been reversed by the economic downturn. The report estimates that there will be 55 million to 90 million more people living in extreme poverty than anticipated before the crisis.

For Chandler Smith, media coordinator for the One Campaign — which campaigns for better development policies and more effective aid and trade reform — the Guinness certification marks progress toward achieving the MDGs. "That this year is breaking another world record speaks to the power of people to organize around the world, shows that we are a global community, and that there is a sustainability in the movement," he said.

"As for the North American aspect, we are always trying to educate people more about these issues. Our results show that a lot of our work has been done — but that we also have more work to do."

Sanctuary showdown

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sarah@sfbg.com

City Hall echoed with delighted whoops of Si se puede! last week, as a veto-proof majority of the Board of Supervisors voted to give juvenile immigrants their day in court before referring them to federal immigration authorities.

But the battle over the civil rights of immigrant kids is far from over, as Mayor Gavin Newsom, Police Chief George Gascón and U.S. Attorney Joseph Russoniello all insist that they will ignore or defy the city ordinance.

That puts the city in a strange legal position: the supervisors have passed a law that the mayor won’t implement — so it’s not clear what will happen next.

But here’s what is clear — and alarming: under Newsom’s policy, which the sanctuary legislation by Sup. David Campos would overturn, large numbers of immigrant kids are facing possible deportation. U.S. Immigration and Customs Enforcement (ICE) spokesperson Virginia Kice told the Guardian that 150 juveniles from San Francisco have been referred to ICE since June 11, 2008 when Newsom began requiring that the city’s probation officials refer youth to ICE on arrest.Of those, 114 have come into federal custody (and may be facing deportation). Campos, who came to this country from Guatemala as an undocumented teen, said his legislation is a "balanced response" to the shift in sanctuary policy

Under Newsom’s policy, city probation officials are required to refer juveniles booked on a felony and appear undocumented to ICE at the time of arrest.

But under Campos’ amendment, ICE referral would not occur unless a juvenile justice court finds the youth guilty as charged.

Mayoral spokesperson Nathan Ballard short-circuited the immigrant community’s hopes for due process by announcing that Newsom simply plans to ignore Campos’ legislation.

"The Campos bill isn’t worth the paper it’s written on — it’s unenforceable and he knows that," Ballard told the San Francisco Chronicle.

Campos says that’s nonsense. "The whole point of having a sanctuary ordinance is that we choose not to be in the business of federal immigration enforcement," Campos said. "We are not an arm of ICE."

In a phone interview, Russoniello told the Guardian that Newsom’s policy accords juveniles due process at the federal level, and that federal immigration authorities are not interested in going after people who are obeying laws or are simply out of status.

"Our focus is guns, gangs, and drugs," Russoniello said. "But people who are detained should have no expectation that they will not be deported."

In other words, kids who are arrested on felony charges — who may not be guilty — could be deported anyway.

"Juvenile Probation Department alerts ICE when an individual comes in that they believe may be a deportable juvenile alien," Kice said. "We dispatch an officer to interview the juvenile, elicit biographical information, and do background checks to see if they have a legal basis for being in the country."

So where are the kids Newsom has turned over in the past year? Hard to say. Kice said the federal Human and Health Services’ Office of Refugee Resettlement is responsible for ensuring that kids receive appropriate care and protection. "We no longer deal with the custody issues related to juvenile cases," Kice added.

Russoniello said he doesn’t know the whereabouts of the 114 juveniles placed in federal custody since Newsom’s policy took effect in June 2008, but dismissed such concerns as "pretextual."

"Before June 2008, the city’s pretext for sending [Honduran teenagers] back home was to reunite them with their family. Now the complaints are they are being ripped away from their families," he said. "The Campos legislation is mute, it’s irrelevant, and it’s contrary to federal law, and I think the mayor and the chief of police both agree."

Chief Gascón, concerned about the lack of due process and kangaroo courts at the federal level that he experienced as police chief in Mesa, Ariz,, recently told the Guardian he hoped to see Campos and Newsom find a compromise.

Gascón, who was appointed by the mayor, now says he believes Newsom’s hands are tied because of federal laws. "I don’t think the mayor has a choice," Gascón told the Chronicle.

But Sheriff Mike Hennessey, whom ICE pressured to amend his department’s policy toward immigrant detainees last year, thinks the Campos amendment is reasonable. "I don’t think we want to be reporting people who aren’t worthy of prosecution," Hennessey said. "Federal law says that if a probation officer violated the Campos’ amendment, they could not be penalized, under federal law," Hennessey explained. "That’s different from saying they are mandated to report juveniles to the federal authorities."

Juvenile Probation Department Chief William Siffermann told the Guardian that his agency "will continue to discharge its duties and responsibilities in a manner that conforms with all laws and await the outcome of the San Francisco legislative process."

"At the conclusion of that, we will confer with the city attorney and outside legal counsel around any impacts this would have on existing protocols."

Chop from the top

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rebeccab@sfbg.com

At the Oct. 23 groundbreaking ceremony for the rebuild of San Francisco General Hospital, Mayor Gavin Newsom sang the praises of the public hospital’s staff.

"To all the men and women who work in this remarkable place that changes people’s lives each and every day … every time I come here, I realize you’re not just saving patients, you’re taking care of families," the mayor said. "It’s so difficult to see someone in pain. But to see the smile and the pride their loved ones have because of the job you guys have done is something magical."

Yet some health care workers, marked by their signature purple and yellow T-shirts, clearly weren’t feeling the magic. As Newsom waxed poetic onstage, they stood clustered in the audience displaying a banner proclaiming, "Keep Public Health Healthy." It was meant as a reminder that SEIU Local 1021, the union that represents certified nursing assistants (CNAs) and clerical workers facing significant slashes in pay in the wake of a city budget cuts, is still pushing to have their salaries restored.

On Sept. 15, 500 CNAs and clerical workers received notice that they would be laid off, although some would be reclassified at lower-paying positions, effective Nov. 15. For the CNAs being demoted, the reductions amount to an average of $15,000 annual reduction in pay. For the clerical workers facing downgrades, the cuts reflect an average loss of $5,000.

It wasn’t the first time SEIU workers turned out at one of Newsom’s public appearances. Beginning in August, union members began vocally characterizing the layoffs and demotions as a civil ights issue because they disproportionately affect women and people of color. According to a Department of Public Health assessment, 96 percent of the affected employees are people of color and 79 percent are women.

Mayoral Chief of Staff Steve Kawa insisted this wasn’t an attack on the city’s comparable-worth policy, which guarantees equal pay for work done primarily by women. "We would not do anything against comparable worth, " Kawa told the Guardian. "Even with the change in status in the wage, these workers will be making 18 percent above market."

But Sup. John Avalos framed it differently. "These people are some of the lowest paid frontline workers in the city," he pointed out a recent Board of Supervisors meeting. "I have spoken to many of them in my district. They’re often single women who are raising children, who don’t know how they’re going to survive."

After angry SEIU members made a series of boisterous appearances at Newsom’s gubernatorial campaign events, the mayor finally agreed to meet with them in talks that were mediated by San Francisco Labor Council head Tim Paulson.

"[Newsom] complained at some length during the first meeting about us attacking him," noted SEIU member Ed Kinchley. "We responded that we’re really not attacking him. What we were criticizing was a policy that goes after classifications filled predominantly by women and people of color."

The ongoing flap took a new twist at the Oct. 22 Board of Supervisors meeting, when Sups. Avalos and Chris Daly each announced plans to find funding to restore the public health workers’ salaries. Avalos proposed skimming some excess from management positions, which have swelled in recent years.

"Before cutting vital city services … we should first look to those who have the most, not to those who have the least," Avalos noted. He said he plans to ask the city controller to draft an annual salary ordinance that would reclassify top management positions in order to free enough funding to stop the demotions and wage reductions for the CNAs and clerical workers.

According to a report issued by the city controller, citywide management positions have grown from 739 in budget year 1998-99 to 1,075 in 2008-09, a 68 percent increase. Some individuals were promoted with salary increases ranging from $20,000 to $40,000 annually.

"I don’t know how one does that," Kawa said when asked about Avalos’ proposal. "It doesn’t make any sense to me."

Daly, meanwhile, noted that Department of Public Health Chief Financial Officer Gregg Sass had highlighted a preliminary projection for an $8 million DPH budget surplus in a Sept. 15 memo. Daly announced that he plans to request the money be flagged to go back into the department to stave off deskilling of frontline workers.

When asked if this money was available to fund the CNAs and clerical workers, Sass responded, "I don’t think it is." Emphasizing that it’s a preliminary figure, he added that "any additional funding, should it exist, is a component of the city’s overall ability to stay on budget this year and offset any shortfalls in city revenue … and address the large projected deficit for next year. I don’t see how it could be seen as ‘available’ until the city has better projections of [other tax revenue]."

The union had planned for a lengthy session with mayoral staff to continue negotiations on the same day of the supervisors’ meeting. But when Kawa learned about Avalos’ proposed legislation, he got angry and walked out, according to one SEIU member.

Asked if proposed legislation detracted from the negotiations, Kawa told us that "it made the last one difficult because it was somewhat of a surprise. And usually when you’re in good-faith negotiations, you share with the other folks the activities you’re up to so that you know that they’re actually there to negotiate in good faith."

Back at SF General after the groundbreaking ceremony, Newsom posed for photos with top public health officials, scooping shovels full of loose dirt with golden spades. The giddy atmosphere dissipated when the mayor turned around to find himself ringed by a group of reporters vying for a chance to pepper him with questions. He responded to most of their queries in typical loquacious fashion. But when the Guardian asked him to comment on Avalos’ proposed legislation, his face darkened slightly. "I don’t have any comment," he responded gruffly. Then he was whisked away for more photographs.

Editor’s Notes

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Tredmond@sfbg.com

The new police chief, who started out with a lot of promise, has been sending some very bad signals the past week.

Chief George Gascón told us earlier this month that he was sympathetic to the efforts of Sup. David Campos to protect immigrant kids from deportation. He also said he agreed that the cops and probation officers shouldn’t be deciding when to call in the federal immigration authorities. Yet now that the mayor said he will defy the Campos legislation (see page 11), Gascón told the San Francisco Chronicle he’s siding with Newsom. That’s a pretty cosmic wimp-out — and it only took a few days.

Then there’s the shake-up of top staff — which looks to me like a total cave-in to the Police Officers Association. The POA types (who have been associated with a lot of bad stuff over the years) got tough-guy cop Greg Corrales assigned back as captain of Mission Station (where he got in trouble during the Fajitagate scandal, but ultimately faced no discipline. They got Greg Suhr, who had been demoted on a pretty bogus technicality, a new career shot as captain of the Bayview station.

Paul Chignell, one of the rare almost-liberals in the department who was doing a good job at Taraval Station, has been exiled to the night shift. Al Casciato, who supported community policing, has been bounced out as captain of Northern Station in the Western Addition. "This completely belies Gascón’s promises about community policing," Sup. Ross Mirkarimi told me. "These unannounced and unplanned rotations (of district captains) undermine the whole community-policing idea."

And perhaps most alarming, the chief wants to bring back the old SFPD intelligence unit — once again turning local cops into spies.

The intelligence squad was a nightmare. Back in the early 1990s, an intel cop was spying on Arab American and Palestinian groups and passing along the data to the private Anti-Defamation League of B’nai B’rith. Cops were spying on peace activists and protesters. They even had a file on me. When all that started to come out, the city properly shut the spy shop down.

Now Gascón wants to bring it back, citing fears about terrorism. As if there aren’t enough government agencies spying on people already. And SFPD has enough trouble solving murders and keeping its own house in order — opening a spy agency is a really, really bad idea.

Gascón is also refusing to tell Mirkarimi and the other supervisors how much taxpayer money gets spent sending officers around with the mayor as he campaigns up and down the state. I could argue that the Newsom for Governor campaign ought to reimburse the city for those expenses — but Gascón won’t even produce a gross figure. His claim: Telling the taxpayers how much the mayor’s security detail costs threaten Newsom’s security.

I don’t buy it. We’re not asking for protection plans, schedules, deployments, or anything else — just a bottom-line cash number. SFPD doesn’t need spies or a black budget. If Gascón thinks that style is going to work here, he’s going to run into trouble, quick.

Gavin Newsom, lawbreaker

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EDITORIAL Mayor Gavin Newsom has set off something of a crisis in San Francisco government by insisting that he will defy the city law that seeks to protect immigrant youth from deportation. While Newsom claims that the sanctuary policy approved 8-2 by the supervisors last week violates federal law (something the same-sex marriage advocate hasn’t worried so much about in the past), this is really a matter of politics. Newsom, candidate for governor of California, doesn’t want to seem soft on crime — so Newsom, mayor of San Francisco, is siding with the federal immigration authorities.

He’s also putting out a misleading message about the law.

The sanctuary legislation, by Sup. David Campos, is an attempt to deal with a very real — and serious — problem. Under the city’s current policy, any time a young person is arrested and the juvenile probation department thinks he or she might lack documentation, the officers involved contact Immigration Control and Enforcement. That means kids who have lived in this country for years and have no ties to their birth nation can be deported — just on the basis of an arrest that could turn out to be groundless.

Campos’ law establishes a city policy that prohibits local law enforcement from reporting juvenile offenders to ICE until they’ve been convicted of a crime. That’s just basic due process.

Newsom insists (and the city attorney’s office agrees) that no city employee can be penalized for contacting ICE. But that’s not the point of this law. Right now, juvenile officers are required to call ICE when they have someone in custody who may be undocumented. There’s no federal law saying this has to happen. And it’s perfectly legal — and appropriate — to lift that mandate and to say, in effect, that no city employee should be penalized for declining to turn a kid over to the feds.

At this point, the city attorney hasn’t argued that the Campos bill is illegal or unenforceable, and no judge has overturned it. When, as expected, the supervisors override Newsom’s certain veto, the bill will become city law — presumptively valid until a court rules otherwise. And Newsom has a legal obligation as mayor to abide by and enforce that law.

City Attorney Dennis Herrera is in something of a bind here since he has to represent both the mayor and the supervisors. But he needs to make clear, in public, that while he warned of possible legal implications of the Campos legislation, right now there is nothing preventing the law from taking effect — and that the mayor, like any other city official, is required to follow it.

The supervisors need to keep pushing the issue, too. And they need to be prepared to go to court to seek a writ mandating that the city’s chief executive follow his sworn oath and faithfully execute the law.

None of this needs to happen. Newsom could have worked with Campos on the legislation. Instead, the mayor continues to defy the board and act like the sort of imperial executive who is utterly unqualified for any higher office. For the sake of innocent kids facing the horrors of deportation, San Francisco’s reputation as a sanctuary city and Newsom’s own political future, he needs to back off and agree to abide by the city’s own laws.

PG&E ballot initiative clears a hurdle

2

By Rebecca Bowe

The Guardian has received several accounts that paid signature gatherers for a ballot initiative backed by Pacific Gas & Electric Co. that could darken prospects statewide for public-power programs were pitching it in a way that, at best, wasn’t entirely straightforward. And by several accounts, the petition has stopped circulating because proponents successfully gathered the 694,354 signatures needed before it can qualify for the ballot.

One voter wrote to say that a canvasser approached him in Pasadena seeking signatures for two different petitions: the PG&E-backed initiative, and a proposal to legalize and tax marijuana. Once he signed the petition to legalize pot, she asked him to sign the PG&E petition as if it were merely a second copy, he charged. She later stated that she had been instructed by her supervisor to do so, according to his account.

The Guardian also got reports that signature gatherers have denied that the petition was funded by PG&E, told people that signing it would result in lower utility rates, or described it as an initiative to promote clean energy in California.

In reality, the initiative, which was previously titled the Taxpayers Right to Vote Act, would require a two-thirds majority vote before any community choice aggregation program could be funded or implemented. This could jeopardize San Francisco’s fledgling CleanPower SF, a community choice aggregation program that would provide San Franciscans with electricity from cleaner energy sources. The Board of Supervisors voted 10-1 to oppose the initiative.

While voters can — and should — read the title and summary of a proposed initiative before signing on the dotted line, canvassers who are paid by the signature clearly have an incentive to speed the process along and frame a proposal in a favorable light. And if signature gatherers stand outside health food stores in the Bay Area asking voters to support legalizing marijuana and developing clean energy, it’s an easy sell.

Editorial: Gavin Newsom, lawbreaker

2

Gavin Newsom, candidate for governor of California, doesn’t want to seem soft on crime, so Newsom, mayor of San Francisco, is siding with the federal authorities on deporting immigrant youth

EDITORIAL Mayor Gavin Newsom has set off something of a crisis in San Francisco government by insisting that he will defy the city law that seeks to protect immigrant youth from deportation. While Newsom claims that the sanctuary policy approved 8-2 by the supervisors last week violates federal law (something the same-sex marriage advocate hasn’t worried so much about in the past), this is really a matter of politics. Newsom, candidate for governor of California, doesn’t want to seem soft on crime — so Newsom, mayor of San Francisco, is siding with the federal immigration authorities.

He’s also putting out a misleading message about the law.

Supes move to restore salary cuts to public health workers

0

By Rebecca Bowe

On Sept. 15, 500 certified nursing assistants (CNAs) and clerical workers with San Francisco’s Department of Public Health received pink slips informing them that they would be declassified out of their current jobs, and rehired at lower-paying positions.

The difference in terms of job responsibilities is slight, but money-wise, the downgrades represent a $15,000 annual pay cut on average for CNAs, and a $5,000 annual pay cut on average for clerical workers. Many of the people affected by the cuts are single moms who make less than $40,000 per year, so the income loss is significant.

At yesterday’s Board of Supervisors meeting, Sups. John Avalos and Chris Daly each pitched ideas that could bump those public health workers’ salaries back up. Avalos’ proposal would bolster the front-line workers’ salaries by skimming some excess from higher-ranking city jobs.

“Before cutting vital city services, if the city is going to reduce the wages of city workers, we should first look to those who have the most, not those who have the least,” Avalos said.

“Last year, a Controller’s report revealed that the city has become increasingly management-heavy, and revealed that over the last few years, MEA [Municipal Executive’s Association] has grown from around 700 positions to nearly 1,100 positions. After some scrutiny, it became clear that most of those new positions were actually mid-managers being promoted up from Local 21 to MEA positions. Many of these mid-managers received substantial wage increases, ranging from as much as $20,000 to $40,000 annually. In short, they were reclassified up.”

He then announced his request to the city controller to draft an annual salary ordinance, which would reclassify top management positions to free up enough funding to stop the demotions and wage reductions for the lower-paid Department of Public Health employees.

Mayor to ignore San Francisco’s wishes

7

Text and images by Sarah Phelan

camposduftymirkpost15.jpg
Sups. David Campos, Ross Mirkarimi and Bevan Dufty shortly after they joined Board President David Chiu and Sups. John Avalos, Eric Mar, Sophie Maxwell and Chris Daly in amending the city’s sanctuary policy. Dufty has said that Mayor Newsom threatened not to endorse Dufty’s bid for mayor, if he supported the amendment.

Yesterday’s celebration of the Board’s veto-proof amendment of the sanctuary ordinance felt similar to the joy that surrounded the city’s decision to start marrying same-sex couples. Only this time, instead of leading the civil rights charge, Mayor Gavin Newsom appears to be opposing it, citing fears that the city could be sued.

Following the supervisors’ vote, supporters of the Campos amendment poured out of the Board Chambers, chanting “Yes we can,” in Spanish and English, and into the second-floor rotunda, joined by Sup. David Campos.

CAmposu15.jpg
Campos and immigration attorney Francisco Ugarte celebrate the Board’s historic Oct. 20 vote.

But even as Campos talked to the crowd about the importance of fighting for civil rights and against the slippery slope of a two-tiered system of justice, mayoral spokesperson Nathan Ballard appeared to be belittling the work of Campos and numerous civil and immigration rights experts, while vowing to ignore the Board’s amendment.

“The Campos bill isn’t worth the paper it’s written on—it’s unenforceable and he knows that,” Ballard told the Chron.
‘We are not going to put our law enforcement officers in legal jeopardy just because the Board of Supervisors wants to make a statement.”

na15.jpg
Ana Perez the director of CARECEN SF, shares her thoughts on the Board’s vote with the media.

But can Newsom selectively ignore laws that have been passed by a veto-proof majority of the Board, and have been vetted as being legally tenable by the City Attorney?

“I don’t know,” Campos told the Guardian. ” I’m still trying to figure out whether the mayor can do that. We’re going into uncharted legal territory.”

rotunda15.jpg
A crowd of supporters, including civil rights experts, immigration attorneys and community leaders, gathered in the rotunda to celebrate, even as the Mayor’s Office announced it intends to ignore the Board’s sanctuary amendment.

Board changes sanctuary policy to give kids day in court

1

Text and images by Sarah Phelan

Civil rights groups celebrated today, as the Board of Supervisors amended the city’s sanctuary policy to ensure that immigrant youth get their day in court before being handed over to the feds for deportation.

Under the new policy, which Sup. David Campos, Eric Mar, Ross Mirkarimi, Sophie Maxwell, Chris Daly, John Avalos, Bevan Dufty and Board President David Chiu co-sponsored, juveniles won’t be handed over to federal immigration authorities unless they are found guilty of a felony.

That marks a shift from the draconian olicy that Newsom ordered last year, the day after he announced his gubernatorial run. Under that policy, kids were referred to the feds at booking, meaning US citizens and immigrants who hadn’t committed a felony could be wrongly deported.

A huge crowd, including immigrants, civil rights experts, teachers and local high school kids, cheered when Board President Chiu announced that the Campos amendment (so-called because Sup. David Campos spearheaded the effort to move this legislation) passed on its first reading

“This is really for our youth, for our kids, because they deserve nothing more, nothing less, than just full equality when it comes to how the law treats them,” Campos said after the vote.

“The fact that you’re undocumented doesn’t mean you’re not a person under the United States Constitution,,” he said. “ If we can’t stand up for the Constitution in San Francisco, then where can we stand up for it in this country?”

Campos worked for over a year to fashion today’s amendment, working with civil rights experts and immigration lawyers to come up with a proposal that City Attorney Dennis Herrera has deemed legally tenable.

Mayor Gavin Newsom’s office vowed today to ensure that probation officers aren’t forced to break federal law in order to abide by the Campos legislation.

But Campos said the city’s CEO can’t pick and choose which city laws to follow.
“We expect the mayor’s office to follow the laws of the city and county of San Francisco – that’s his job,” Campos said. . “If he refuses to do that, the board will have to figure out what our options are.”

Meanwhile, Juvenile Probation Chief William Siffermann said he can’t prohibit officials from reporting instances where there’s a reasonable belief that civil immigration laws have been violated.

Extended meter hours proposal gets heard today

3

By Steven T. Jones

In a couple hours, the San Francisco Municipal Transportation Agency Board of Directors will consider a controversial proposal to extend parking meter hours to evenings and Sundays, but it’s still unclear whether that body is inclined to take any action.

Alternative transportation and urban planning activists are excited about the chance to weigh in on a proposal that would raise nearly $9 million per year and begin to balance out the fare hikes and service cuts that Muni riders absorbed this year, while some motorists and business owners are likely to express their opposition.

Mayor Gavin Newsom has been expressing opposition to the item through the San Francisco Chronicle, but an item buried in yesterday’s Matier & Ross column seems to indicate that he’s backing off a bit, although they don’t seem to understand that this is a decision for the MTA board, not the Board of Supervisors.

As I’ve written before, this proposal will be a big test of whether the MTA board, whose seven members are all appointed by Newsom, is actually the independent agency capable of making tough decisions without regard to political consequences that the intent of 2007’s Proposition A, which gave them full authority over parking and public transit in San Francisco.

The meeting starts at 2 p.m. in City Hall’s Room 400, and the parking meter proposal follows a discussion of the agency’s deficit-plagued budget, appropriately enough.

P.S. Streetsblog SF has an excellent discussion of the proposal with parking guru Donald Shoup, who makes it clear why this study is so different for the meter rates increases in Oakland that caused such controversy.

Prop. D and privatization

5

By Tim Redmond

Randy Shaw has a piece in Beyond Chron today that takes issue with our endorsement on Prop. D.

It’s a fair discussion and a reasonable debate — I understand why some progressives support Prop. D, and I don’t think they’re wrong or evil for doing so. This one’s a tough call — I’m willing to accept stuff like electronic billboards that I don’t want to see in most parts of the city if it will really bring new life mid-Market, which desperately needs investment and energy.

But Shaw’s piece brings up a larger issue, one that’s part of the topic of our anniversary issue next week, so it’s worth comment.

Here’s what he wrote:

The San Francisco Bay Guardian said many good things about Prop D, but urged a No vote after focusing on the CBD factor: “But the process this measure describes isn’t at all democratic. The CBD board selects its own members, and the only oversight the city has is the ability of the Board of Supervisors to abolish the agency.”

Of course, any funding allocation process used by Prop D could have been similarly attacked. Would the Guardian prefer that the Mayor’s Office allocate Prop D funds? If so, its editorial board should reread my pieces on the Newsom Administration’s rigged RFP/RFQ processes.

Hard to argue with that, on the surface: Yes, the bidding process out of the Mayor’s Office is fucked up. Yes, there is almost always some level of corruption at City Hall (any City Hall).

But that doesn’t mean that the private sector ought to take over thing like zoning and resource allocation.

Private nonprofits like the Central Market Community Benefits District play a role in the city’s life, and that’s fine. Some nonprofits (like the one Randy Shaw runs) get city contracts to do work the city can’t do very well, and that’s also fine.

But the public sector — however flawed, however corrupt at times — still has to have the final say over regulations and the way money gets spent on public services. That’s how democracy works.

I remember once when we were intervieweing a very appealing, smart and generally progressive candidate for city assessor a few years back, and we asked him how he would go about bringing in more revenue. He told us he wasn’t sure that was a good idea, because “Willie Brown and his friends will just waste it.”

True — Brown and his friends wasted a lot of money. And that kind of corruption in government has helped the right wing push its anti-public-sector agenda. And people who says that “at least Willie Brown made the trains run on time” miss the point – corruption undermines faith in government.

But overall, using that argument to push for privatization of public resources is a dangerous way to go.

Remember: The money that would be paid by billboard owners to the CBD amounts to a tax on the new billboards. That tax ought to be collected by the city, and elected city officials should decide how it’s spent. Proponents of the measure told us they didn’t want to let the supervisors hold hearings, write the legislation or put it on the ballot because the city would then have control over the final shape of the measure. For example, Sup. Chris Daly wanted much of the billboard money to go for low-income housing — which isn’t where the CBD folks wanted it to go.

Sorry, but that’s a decision for elected officials to make. I’ll support new billboards when I know that there will be a public process (and public-sector process) determining how the boards are sited, how they’re taxed and where the extra cash is spent.

Walker and Meko differ on Prop. D

3

By Steven T. Jones

Proposition D – which would overturn the voter-approved billboard ban on Market Street between 5th and 7th streets as a means of raising money to rehabilitate the neighborhood – has divided the progressive community, a division that is also playing out in the District 6 supervisorial race to replace Sup. Chris Daly (who is neutral on the measure).

The two leading progressive candidates in the race, Debra Walker and Jim Meko, differ on the measure. Walker, an artist who serves on the Building Inspection Commission, supports the measure and has actively campaigned for its passage. Meko, who serves of the Western SoMa Citizens Planning Task Force, opposes the measure.

“Billboards aren’t a cure for blight. They are blight,” Meko said, noting that his opposition stems from property owner David Addington’s placement of the flawed measure on the ballot without a proper vetting process: “The special use sign district might be a good thing, but I’m offended at the lack of process.”

Walker said she shares some of the concerns about process and the flaws in the measure – such as the unchecked fiscal authority given to the self-appointed Mid-Market Community Benefits District board – but she thinks they’re easily mitigated by the Board of Supervisors and the measure brings needed revenue to the area: “At some point, you’ve got to try it and see what happens.”

Billboards and blight

0

GREEN CITY David Addington presents a tempting vision for revitalizing the seedy mid-Market area, a kind of something-for-nothing deal that helps the children, property owners, and residents of the Tenderloin and relieves that burden from the cash-strapped city government.

All we, as San Francisco voters, have to do is accept a few new billboards, which voters banned in 2002 by passing Proposition G. Well, actually, more than a few. More like a cacophony of flashy and interconnected electronic signs and large billboards on top of the area’s 52 buildings. Proposition D, which Addington wrote and sponsors, would allow an unlimited number of business and general advertising signs along Market Street between Fifth and Seventh streets.

"I’m not afraid of signs," Addington says in his Southern drawl as we walk the neighborhood where he owns the Warfield Theater, the old Hollywood Billiards building, and the new Show Dogs gourmet hot dog joint next to the Golden Gate Theater, and where he seems to know everyone from scruffy street souls to his fellow business people.

As Addington points out, this is the most dilapidated stretch of Market Street, rife with vacant storefronts and cheap retail outlets, but bordered by U.N. Plaza on one side and the bustling Westfield Mall and Powell Street cable car stop on the other. It’s a two-block stretch that is neglected and ignored by much of the outside world.

"To change that, you’re going to have to make a dramatic visual presentation," Addington said, laying out a vision of a glitzy, twinkling theater district that lights up the neighborhood and beckons visitors. And the kicker is that by doing so, advertisers would pour millions of dollars of revenue into improving and promoting the neighborhood.

Property owners would get most of that money: 60 percent for most of them, but 80 percent those with street-level theaters, museums, or other interactive uses. "The idea is to create more ground-floor entertainment uses," he said, which, in turn, would liven up the neighborhood.

The rest of the money — and all the sign permits and approvals — would be controlled by the Central Market Community Benefits District (CBD). Some of the money would go to things like a ticket kiosk, some to creating a master plan for the neighborhood, some to beautification programs, and some to youth programs in the Tenderloin, which Addington has used as a major selling point for Prop. D.

"This measure will change the lives of the kids of the Tenderloin next year," said Addington, whose money and vision have garnered significant support from across the political spectrum, including a majority of the Board of Supervisors, much of it locked down before most people even saw the measure coming.

But opponents say problems with the measure go far beyond just accepting billboards as the answer to blight, which is a tough enough sell in sign-wary San Francisco. They note that the measure for the first time usurps city authority over permits and gives it to a CBD, which profits from the signs and has no incentive to put the brakes on. Further, the vaguely written measure has no guarantees for how the money will be spent, or if the kids will indeed get any of it.

"We definitely need to do something about Market Street, but Prop. D isn’t the thing," said Tom Radulovich, executive director of Livable City and the measure’s chief critic. "It’s very disturbing for those of us who believe in public process."

The Planning Department also raises concerns. Planning Director John Rahaim wrote in a scathing July 24 memo that the measure creates vague structures and logistical difficulties and tries to regulate sign content and delegate city authority in ways that may be illegal.

"Such unprecedented delegation of power to a private entity may create the risk of legal liability for the city. Moreover, because of the new powers that would be assigned to the CBD, concern regarding the CBD’s membership, decision-making process, and accountability are apparent," he wrote.

Radulovich also takes issue with Addington’s contention that the measure is needed to restore the luster of the once-vibrant theater district. "There’s no legislative reason to do this if it’s theater marquees you want," Radulovich said. "Prop. D is really about big billboards on the tops of buildings."

Fighting for juvenile justice

0

sarah@sfbg.com

Sup. David Campos’ proposal to amend San Francisco’s sanctuary policy so that the city guarantees due process to juvenile immigrants heads for a full vote of the board next week with the support of a veto-proof majority of supervisors.

Board President David Chiu and Sups. John Avalos, Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell, and Ross Mirkarimi have signed on as cosponsors of the amendment, which also has the support of a broad coalition of civil and immigrants’ rights organizations.

But with the mayor opposed to the bill and the daily newspapers agitating against reform, it’s important to remember what’s really at stake here.

As a team of civil rights experts notes, the Campos bill "will ensure that families are not torn apart because a youth is mistakenly referred for deportation and will encourage cooperation between law enforcement and immigrant communities by reestablishing a relationship based on trust, therefore increasing public safety."

Campos, who came to this country as an undocumented youth from Guatemala and represents San Francisco’s heavily immigrant Mission District, says his proposal is a balanced solution to the draconian policy Newsom ordered last summer, without public input, the day after the mayor launched his 2010 gubernatorial bid.

When Campos introduced his amendment this summer, after months of public conversations with law enforcement agencies and the immigrant community, Newsom responded by leaking a confidential legal memo that outlined possible challenges to the proposal.

Angered but undaunted, a group of civil rights organizations responded by issuing their own brief explaining why Campos’ proposal is legally tenable and defensible.

As Angie Junck of the Immigrant Legal Resources Center, Robert Rubin of the Lawyer’s Committee for Civil Rights, Julia Mass of the American Civil Liberties Union of Northern California, professor Bill Ong Hing of UC Davis Law School, and Angela Chan of the Asian Law Caucus explained, Campos’ proposal "will allow immigrant youths to have their day in court and be heard by an impartial judge, ensuring due process is upheld for all of San Francisco’s youth."

They argue that Campos’ legislation seeks to "lessen the risk that the city will be liable for racial profiling, unlawful detention, and mistaken referrals of U.S. citizens and lawful immigrants for deportation while bringing the city’s juvenile probation practices into compliance with state confidentiality laws for youth."

And as they point out, Campos’ proposal won’t prevent youths who have been found by a court to have committed a felony from being referred to ICE.

"The sanctuary ordinance has stood strong for 20 years, and the proposed amendment strengthens the ordinance by taking steps to bring the city’s practices more into compliance with state juvenile justice law," the brief states. "The legislation is a measured step in the right direction that will help restore accountability and fairness in the city’s treatment of immigrant youth."

Or as Campos put it: "It’s something we drafted very carefully in close consultation with the City Attorney’s Office."

ARRESTED OR CONVICTED?


Campos’ amendment seeks to shift the point at which immigrant kids get referred to ICE agents for possible deportation. Newsom’s policy allows the police to refer kids to ICE the moment they’re arrested. That means someone who turns out to be innocent and was arrested in error can still be deported. Campos wants the cops to wait until the felony charge is upheld in juvenile court.

Since July 2008, when Newsom ordered the city’s current policy shift, 160 youths have been referred to ICE, increasing the risk they will be sent to detention facilities across the country, far from their families, without access to immigration legal services, based on accusations and racial profiling.

Abigail Trillin, staff attorney with the Legal Services for Children, told us that the Newsom policy makes San Francisco bedfellows with Texas and Orange County.

"A bunch of our kids go to Yolo County and Oregon, a lot to Los Angeles, others to Miami, Virginia, and Indiana, and some have already been deported," Trillin said.

Trillin noted that Newsom’s policy is destroying families by allowing innocent kids to be reported for deportation without the basic right to due process — often for minor offenses. She has already seen youth who are documented or innocent erroneously referred to ICE by juvenile probation officers, who often lack expertise in immigration law.

She also fears this miscarriage of justice could result in abuse and even death — especially if kids try to return to their homes and families by crossing the border, which has became increasingly militarized and perilous in the aftermath of the Bush administration’s decision to spend billions to build a fence along the border.

Last week, the battle for juvenile justice took a fresh twist locally when Newsom’s newly appointed Police Chief George Gascón said he hoped for a compromise involving third party review by the District Attorney’s Office.

"I fully understand the concerns Campos brings to the table," Gascón said, referring to his previous job as chief of police in Mesa, Ariz., where he saw the anti-immigrant excesses of Maricopa County sheriff Joe Arpaio.

"I have the benefit of seeing the other side, where you have police agencies aggressively engaged in immigration enforcement, where people that were frankly not engaged in any criminal activity other than that of being here without authority, are being deported," Gascón said. He noted that being here without papers often is not a crime; it’s just an administrative violation.

"I’ve seen very young people, people that basically came to this country when they were three or four years old and are staying clean and going to school, get stopped for a traffic violation at age 17 or 18, and now all of a sudden they’re getting deported to a country where they have no roots," he said.

But the chief remains convinced that the criminal justice system needs to be able to use all legally available tools to deal with violent criminal juveniles.

"I’m not saying the district attorney needs to make the reporting. The triggering event could be the determination to file the case," Gascón said. "Frankly, I wish I’d been here a year earlier to deal with this issue," he added, noting that federal immigration hearings are "a kangaroo court."

"It’s not a beyond-reasonable-doubt standard for people to get deported," he said.

"The other side of the coin is that this would be putting people in situations where they could be federally indicted for violations of law. And you also have problems at state," he continued, noting that two federal grand juries are currently reviewing the behavior of the Juvenile Probation Department.

DUE PROCESS


Campos, a lawyer, appreciates that the new police chief is "genuinely trying to see if there is something he can do to resolve the situation. I believe if he had been in place where this discussion was going on a year ago, the mayor would have received better advice."

"The chief’s comments reflect that what is happening here is pretty extreme," Campos added. "I recognize that changing the reporting process to a third party would definitely be better than what we have now, where the final decision rests with a police officer. But while it’s better, it’s not sufficient. Due process necessarily entails giving people their day in court, and letting a judge decide what actually happens."

Sup. Chiu, a former prosecutor, also said he appreciates Gascón’s resolution attempt. "But the point of our system is that once you are arrested and charged, there are due process rights so you can respond to those charges."

Sup. Dufty, a mayoral candidate, said he expects that when the board passes laws, those laws will be implemented by Newsom. "As CEO of San Francisco, he has to comply with all legislation, including local laws the legislative body passes that he may not like," Dufty said.

"My mother was born in Czechoslovakia and was stateless when I was a boy," he added. "She had to register every year as an alien, so this is very visceral for me. If we are to be a sanctuary city, it’s because everyone has due process. It’s denying people’s humanity and dignity and creating a two-tiered system for justice."

But mayoral spokesperson Nathan Ballard continued to assert that Newsom’s current policy is balanced. "While he remains open to argument, the mayor believes the current policy strikes the right balance between protecting public safety and safeguarding the rights of accused criminals," Ballard, who had not replied to the Guardian‘s questions as of press time, told the Examiner last week.

But Trillin says she can’t stand to hear Ballard falsely claim, one more time, that the city is going to shield criminals. "Ballard keeps repeating a completely false position, because Newsom’s actual position is morally indefensible," Trillin said. "You can’t have the mayor publicly say that young people don’t deserve due process, so you have to make up stuff like this instead."

New coach, new approach

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news@sfbg.com

The chief was running late. As a group of Guardian reporters filed into his modest, comfortable conference room on the fifth floor of the Hall of Justice, an aide told us that Police Chief George Gascón was still meeting with Mayor Gavin Newsom at City Hall, and that we’d all have to cool our heels for a while.

While we were waiting, Michelangelo Apodaca, a public affairs officer in the chief’s office (he called himself an “image strategist”) stressed the recent sea change at SFPD, labeling it “new coach, new approach.” (It appears, however, that the mayor is still pushing his so-called “quality of life” agenda. “I just came from a meeting where I got beat up for not doing enough about public drinking and public disorder,” the chief belatedly told us.)

But once we got into the interview, Gascón was friendly, candid, thoughtful, and accommodating, and spent nearly an hour discussing his philosophy of law enforcement, his vision for San Francisco, and his positions on some tricky and divisive problems.

We left with the impression that the new chief, although hardly in agreement with us on a number of issues, is far more open than his predecessor, willing to shake things up in the moribund department — and sometimes, interested in discussion and compromise on progressive concerns.

“My philosophy of policing is very heavy in community involvement, very transparent,” Gascón told us.

Gascón said he’s moving quickly on implementing many of the items that he’s promised, such as creating a COMPSTAT (computerized crime and staffing statistics) system that will be accessible to the public. He plans to launch it Oct. 21.

And beyond the technology, he seems interested in shifting the top-down structure of the department. “I said that we would reorganize the department in certain levels and do certain levels of decentralization to increase resources at the neighborhood level so that we actually have people within the police department who have greater ownership of neighborhood issues,” he said. “And we’re going to do that in November. I stated that we would have community police advisory boards at each of the stations, and those basically will be neighborhood-level people, anywhere from 10 to 20, for each station. We’ll work with our local captains on neighborhood-related issues.”

He said that improving how the department does community policing will have a two-fold impact. “One is, the cops get to understand better what the community really wants. The other is that the community gets to understand better what the resources really are.

“Everybody wants a foot-beat cop,” he continued. “Everybody wants a fixed-post cop. Everybody wants a cop in every bus. If we had 10,000 people, then perhaps we could fulfill all those wishes. The reality is that we don’t.”

 

EXPENSIVE CRACKDOWN

But the most tangible impact of Gascón’s tenure so far has been his crackdowns on drug-related activity in the Tenderloin, where more than 300 people at a time have been swept up in sting operations, and on marijuana-growing operations in the Sunset District, where 36 locations were raided (four of which Gascón said were discovered to be “legitimate” medical marijuana growers who had their crops returned by police).

The arrest surge generated a lot of positive press — but also is costing the city a bundle. Sheriff Michael Hennessey, who runs the county jail, told us that he had to reopen several jail housing units that had been slated to close to meet his budget for the current fiscal year. He said the average daily jail population in July was 1,861, but that it has risen to 2,146 in September, a 285 inmate increase.

If it stays at this level, Hennessey estimates that he’ll need up to $3.5 million in additional annual funding to house the larger population, as he indicated in a letter that he wrote to the Board of Supervisors last month, letting them know that he will probably need a supplemental budget appropriate this year.

When we asked Gascón whether affected city agencies — including the Sheriff’s Department, District Attorney’s Office, and Public Defender’s Office — should increase their budgets to deal with the SFPD’s new approach, he said they should.

There’s a touch of the corporate manager about Gascón. When we challenged him to defend the efficacy of the crackdowns, Gascón pulled out a pen and paper and started drawing a Venn diagram, with its three overlapping circles. He explained that many criminal justice studies have shown that about 10 percent of criminal suspects commit about 55 percent of the crime, that 10 percent of crime victims are the targets of about 40 percent of crimes, and that crime is often concentrated in certain geographic areas.

By concentrating on the overlap of these realms, Gascón said police can have a major impact on crime in the city. Although Gascón admits that “police can never arrest themselves out of social problem,” he also said “there are people who do need to be arrested … Most of the arrests are for serious felonies.”

It’s a potentially tricky approach — in essence, Gascón is saying that when you mix some people and some places (in this case, mostly people of color and mostly poor neighborhoods) you create crime zones. The difference between that and racial profiling is, potentially, a matter of degree.

But Gascón defended the surge in arrests over the last two months as targeting those who need to be arrested and, just as important, sending a message to the greater Bay Area that San Francisco is no longer a place where open-air drug dealing, fencing stolen goods, and other visible crimes will be tolerated.

“We need to adjust the DNA of the region,” he said.

And while Gascón said the arrest surge might not be sustained indefinitely, he also frankly said that the city will probably need to spend more money on criminal justice going forward. In other realms of the recent crackdown, such as the police sweeps of Dolores Park and other parks ticketing those drinking alcohol, Gascón said that was more of a balancing act that will involve ongoing community input and weighing concerns on both sides of the issue.

It was when we pushed for the SFPD to ease up busting people in the parks who were drinking but not causing other problems that Gascón told us that the mayor had a different opinion and had been chiding his new chief to be tougher on public drinking.

In light of several recent shootings by SFPD officers of mentally ill suspects, we asked Gascón whether he’s satisfied with how the department and its personnel handle such cases. He didn’t exactly admit any problems (saying only that “there’s always room for improvement”) but said he was concerned enough to create a task force to investigate the issue last month, headed by Deputy Chief Morris Tabak.

When we asked if we can see the report on the 90-day review, Gascón didn’t hesitate in answering yes, “the report will be public.”

 

FIRE TEN COPS?

If Gascón follows through with his promises, internal discipline — one of the worst problems facing the department — could get a dramatic overhaul. The new chief wants to clear up a serious backlog of discipline cases, possibly by reducing the penalties — but claims to be willing to take a much tougher stand on the serious problem cases.

In fact, Gascón said he wants the authority to fire cops — that power now rests entirely with the Police Commission — and said there are eight to 10 police officers on the San Francisco force who should be fired, now, for their past record of bad behavior. That would be a radical change — in the past 20 years, fewer than five officers have ever been fired for misconduct, despite the fact that the city has paid out millions in legal settlements in police-abuse cases.

Gascón also discussed controversial legislation by Sup. David Campos that would require due process before undocumented immigrant youths arrested by the SFPD are turned over to federal immigration authorities, an amendment to the sanctuary city policy that was weakened by Newsom.

Just days after arrived in town, Gascón had made comments to the San Francisco Chronicle supporting Newsom’s position and saying that under Campos’ legislation, “drug or even violent offenders could be released by judges on reduced charges in lieu of reporting them for possible deportation.”

But in the interview with us, while not backing away from his previous statement, Gascón seemed to take a more nuanced position that pointed toward the possibility of compromise. He reminded us that he’d spent time in Mesa, Ariz., tangling with a county sheriff, Joe Arpaio, who has gone far beyond any reasonable standard in trying to arrest and deport undocumented residents. He also told us that he doesn’t think the cops, by themselves, should decide who gets turned over the feds for deportation.

That alone is a significant step — and suggests that Gascón could turn out to be one of Newsom’s best hires.

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GASCON ON IMMIGRATION

SFBG Are you still concerned about waiting for the courts to determine a suspect’s guilt before turning him over to the feds? Gascón Yes, it’s very much a concern. And by the way, I fully understand the concerns Sup. David Campos brings to the table.

I have the benefit of being on the other side also, where you have police agencies aggressively engaged in immigration enforcement, where people that frankly were not engaged in any criminal activity other than being here without authority — which sometimes, by the way, is not criminal. In fact, depending on whose numbers you listen to, anywhere from 30 to 50 percent of people who are here without authority in this country have not committed a criminal violation; they have committed an administrative violation.

And people get deported. I have seen very young people, people that basically came to this country when they were three, four years old, they are actually staying clean, they are going to school, and they get stopped for a traffic violation at age 17 or 18, and now all of a sudden they are getting deported to a country where they really have no roots at all. I have seen that, and I’m very sensitive to that.

On the other hand, I think it’s important also to recognize that in any group, whether you were here legally or not legally, whether you were born here or not, whether you are green, red, or brown, there are people that for a variety of reasons aren’t willing to live by the social norms we all need to live by to be able to have a peaceful environment.

I think that allowing the process to go all the way to the point where a judge decides whether to allow this to continue … is probably too far down the food chain for my comfort level. On the other hand, I would not want to have police officers on the streets stopping people and trying to assess whether they are here legally or not.

So I think we need to find somewhere down the middle, that if person is arrested, there is a non-law enforcement review. And quite frankly, probably the best person would be the D.A. They determine whether they have a prosecutable case or not. If it’s prosecutable case and a predictable offense that requires reporting, then that would be a good time where a flag could go up.

SFBG But that’s not the process right now.  Gascón No, the process now is triggered by the Probation Department, which is a law enforcement entity. So I think we have a process where law enforcement is making a decision and Sup. Campos is looking at a process of adjudication.

SFBG It sounds as if you agree substantially with Sup. David Campos. Is there room for compromise? 

Gascón I’m hoping there is room for compromise, that is something we’re trying to work with.

Sarah Phelan and Rebecca Bowe contributed to this report.