Tom Ammiano

Byorn’s legacy

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When the mayor’s former press secretary, Peter Ragone, got busted posting vindictive comments on local blogs under an assumed name (Byorn was one of them), Board of Supervisors president Aaron Peskin had a pretty reasonable take on the matter: spokespeople paid with city money and charged with informing the public about the mayor’s activities should probably not be launching political barbs at perceived detractors of Gavin Newsom (see "The Ethics of Flacks, 3/7/07).

So Peskin drafted a code of conduct for the city’s public information officers to follow. His resolution passed the Rules Committee on April 19 and is now on its way to the full board. Among other things, it asks flacks to "strive to disclose accurate information, not hide it from the public" and to "respond in a timely and professional manner to all inquiries by the press and public." It also directs them to adhere to the code of ethics maintained by the National Association of Government Communicators.

"Public Information Officers are the primary liaisons between the City, its citizens and the media," the resolution states.

Newsom ally Sup. Sean Elsbernd added even stronger language instructing flacks to "make every immediate effort to retract false and misleading statements made by other members of the Public Information Officer’s department," so there’s no confusion about how Byorn and anyone else with a duty to give the public reliable information is supposed to behave.

While addressing the item, Sup. Tom Ammiano couldn’t resist a jab at Byorn, who has since been removed from City Hall and works on the mayor’s reelection team.

"Is there any public comment on this matter? Mr. Ragone? Oh, I guess he’s not here." (Schulz)

Extra! Extra! PG&E buys the front page of the San Francisco Chronicle. The shame of Hearst. Why people get mad at the media (l9)

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By Bruce B. Brugmann

And so Hearst, after decades of shamefully operating as a PG&E shill and shamefully censoring the PG&E/Raker
Act scandal out of its papers (both in its old Examiner and its new Chronicle), ran a large cheery PG&E ad in the right hand corner of the front page of yesterday’s April l8 Chronicle.

The ad ran without the usual identification “advertisement,” even though it was a pure political ad and part of PG&E’s phony “let’s green the city” campaign. The ad, spiffy and lime-colored,
was classic PG&E greenwashing: “Green is giving your roof a day job. To sign up for PG&E’s solar classes, visit Let’sgreenthiscity.com.”

In a classic of self-immolation, publisher Frank Vega sought to justify the front page ad with a short publishers’ statement on page two. He wrote, “Today, the Chronicle begins publishing front page ads. Our advertisers recognize the value of the Chronicle brand, our audience and the priority of delivering key messages to you, our reader. In the recent past, newspapers such as the Wall Street Journal, the New York Times and USA Today have all announced their willingness to accept advertising in prominent positions.

“The Chronicle is committed to delivering you important news, information and advertising in a variety of new and engaging ways.”

Vega hasn’t been around long, and he may not know the history of Hearst’s obeisance to PG&E and so he may not realize that he was selling the front page to the utility that has created the biggest scandal in American history involving a city. But couldn’t someone over at 5th and Mission fill him in?

Meanwhile, over at City Hall, Hearst’s greenwashing for PG&E barreled along as usual. While Hearst allowed PG&E to take over the front page, the Chronicle was pitching in for PG&E on the news side by blowing off a major press conference and story by Sups. Tom Ammiano and Ross Mirkarimi on their introduction of their community choice aggregation plan. This is a major step toward public power that involves the city buying environmentally sound energy in bulk and selling it to the public at lower prices than what PG&E charges, which PG&E hates. Wyatt Buchanan, obviously new to the issue, buried the news in three dopey lines at the bottom of a supervisors’ roundup story. And he didn’t get the public power point, didn’t explain the plan properly, and didn’t even use the correct name the plan is known by “community choice aggregation.” And then Buchanan reports without blushing, “The plan faces a series of major hurdles before it came be implemented,” not mentioning that the major hurdle is that good ole greenwasher perched on the front page of his paper and spending millions on its greenwashing campaign. Doesn’t anybody over there fill in the virgin reporters about the PG&E crocodiles in the back bays of City Hall?

Let me start with but one point: The Guardian and I have for years documented how Hearst reversed its policy of supporting the building of the Hetch Hetchy dam and public power and has censored its news and editorials on behalf of PG&E since the late l920s. The reason has perhaps been best explained in the book “The Chief:The Life and Times of William Randolph Hearst” by David Nasaw, who is the chair of the doctoral history program at the Graduate Center of the City University of New York. Nasaw writes in his book, published in 2000, that Hearst and his old Examiner, the Hearst flagship paper, were for 40 years promoting “full municipal ownership and control of Hetch Hetchy water and power.” Hearst was opposed by the “business and banking communities, led by (Herbert) Fleishhacker, a board member of several of the bank and power trusts, who hoped to be able to privatize at least some of the Hetch Hetchy resources.” Fleishhacker was also the president of the London and Paris National Bank of San Francisco and Hearst’s chief source of funds on the West Coast.

Thus, Nasaw writes, “the basis for a Hearst-Fleishhacker alliance was obvious. Hearst needed Fleishhacker to sell his bonds, while the banker needed the Hearst newspaper to promote his (privatization) plans for Hetch Hetchy.”
Nasaw outlines the secret deal: Hearst got desperately needed cash. Fleshhacker and PG&E got a Hearst reversal of policy to support PG&E and oppose Hetch Hetchy public power–a policy that has lasted up to yesterday when Hearst sold its front page to PG&E (much too cheaply) and then stomped down an anti-PG&E, public power news story inside.

“No longer would the Hearst papers take an unequivocal stand for municipal ownership,” Nasaw writes, based on Hearst correspondence with John Francis Neylan, his West Coast lieutenant and publisher of the Examiner. “No longer would they employ the language and images that had been their stock in trade.”

And so PG&E bought Hearst in the mid-l920s and Hearst has stayed bought up to this very day. Through the years, as we have developed this theme story, I have asked every local Hearst publisher and many reporters and editors why their pro-PG&E/anti-public power campaign continues on, much to the damage of the paper’s credibility and much to the embarrassment of its staff. Nobody can explain. If anybody can, let me know.
Believe me, there will be much more to come on this issue, in the Guardian and in the Bruce blog.

Postscript: Awhile back, during the latest public power initiative in 2002, Susan Sward and Chuck Finnie did a splendid story on the scandal. But it was a quickie affair and the two reporters and their story were snuffed out, not to be heard from again.

Bruce B. Brugmann, who sees the poisonous fumes of the Mirant Power plant from my office window at the bottom of Potrero Hill, courtesy of PG&E, Hearst, and the San Francisco Chronicle and its greenwashing for PG@E campaigns B3

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IT’S CCA TIME!

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By Amanda Witherell

Ever since the California State Assembly passed AB 117 in 2002 legalizing “Community Choice Aggregation” (CCA) public power advocates have been eagerly awaiting the day San Francisco would get the legislative ball rolling and start divorce proceedings with it’s current electricity provider, Pacific Gas and Electric.

That ball got a big push from Sups. Tom Ammiano and Ross Mirkarimi on Tuesday April 17, when they introduced a draft implementation plan for CCA to their fellow board members. The plan calls for the city to purchase and provide 51 percent of its energy from renewables by 2017.

“It’s wonderful considering the response to global warming from PG&E has been fossil fuel, ‘clean’ coal, and nuclear power,” Mirkarimi told the Guardian.

Read how CCA will make San Francisco 50 percent greener, after the jump…

Free Josh Wolf from the Media spin

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by Sarah Phelan

“What will everyone do now?” asked a fellow Guardian-ista, when freelance videojournalist and blogger Josh Wolf was released. She was referring to those who fought to get Wolf freed after the feds locked him up last summer. Don’t worry, I thought, the war over why Josh Wolf has been freed is about to begin.
Sure enough, war broke out that afternoon.

With Wolf set to speak on the steps of San Francisco City Hall on April 3, after 226 days inside, everyone was asking “So, what’s changed?” Had Wolf, tiring of prison food, thrown in the towel and told the feds everything they always wanted to know about anarchists? Or had the feds, weary of the fired US Attorney General scandal, decided it was time to score Brownie points in Nancy Pelosi’s home town by letting Wolf go, no questions asked?

JW-3C.jpg
Sup. Tom Ammiano, fresh from Giants opening game told the crowd, “Josh Wolf did what the Giants failed to do today: he hit a home run!”

Home invasion

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› gwschulz@sfbg.com

Don Barsuglia worried security was deteriorating at the SoMa public housing complex where he’s lived for about eight years after he watched a body drop past his ninth-floor balcony window late one evening.

A would-be thief had climbed over the 10th-floor balcony during an escape attempt after stealing a few thousand dollars from another resident in Clementina Towers, located close to Sixth Street between Howard and Folsom. The man misjudged his footing and dropped to his death below before police could arrive.

"He probably thought my balcony was open," Barsuglia told the Guardian. "However, I have a bird net on my balcony. So when he went to go down, he hit my net, and good-bye, Mr. Spider-Man. Splat. That’s it, man."

That was enough for Barsuglia, who joined dozens of angry public housing residents last week at City Hall for a special hearing on safety and living conditions, which was organized by Sup. Chris Daly, whose District 6 includes Clementina’s neighborhood.

The 74-year-old Barsuglia recounts with verve the building’s recent run-ins with dope dealers, prostitutes, and knife-wielding teenage stickup artists. Several years ago his building and a neighboring tower had two 24-hour security guards, he said, but they’re now down to one. And just a few weeks ago, when daytime watches were trimmed back to save money, Barsuglia and other residents say they noticed a marked difference.

"It’s neglect by management and administration," he said of the San Francisco Housing Authority. "They pay no attention to us … totally ignored. They don’t even return calls."

Daly’s office has been inundated with grievances from people frightened by an uptick in crime at public housing, including the Ping Yuen complex on Pacific Avenue in Chinatown and Sala Burton on Turk Street in the Tenderloin.

Clementina, built in the early ’70s, houses low-income elderly and disabled residents in 275 studios and one-bedroom apartments. The building is supervised by the trouble-plagued Housing Authority, which faced a litany of questions at the meeting about a diminished security presence at several of its 52 developments across the city.

In November 2006 housing officials sent an abrupt memo to residents notifying them that the authority would have to "explore other methods" for policing its senior and disabled housing sites due to cash shortages.

Progressives on the Board of Supervisors have set their sights on the authority’s seven-member commission, composed of mayoral appointees, demanding at the hearing that Mayor Gavin Newsom consider a shake-up of its membership. No one from the Housing Authority Commission attended the meeting.

"Where are they?" Sup. Tom Ammiano asked after hearing a steady stream of emotional public comments. "I find it criminal, and I challenge the mayor to look at his appointments. Are they the right people for the commission?"

A 51-year-old heart patient who’s lived at Clementina for nine years told the Guardian she positions her motorized wheelchair against the door each night for additional safety. The headboard of her bed seals off one of the windows. Full-time security returned to the building recently, but the woman, who asked not to be named, fearing an assault, said that when the single guard checks each of the 26 floors, nonresidents manage to sneak in. She said that just last week a duo armed with a hammer and a knife robbed an older man living in the building.

"It used to be nice and quiet," she said. "Our front doors we could leave open with just the chain on…. [Now] I’m not sleeping in my bedroom. I’m sleeping on my couch facing the door."

The authority’s embattled executive director, Gregg Fortner, blames it on the White House and congressional cuts to the federal Department of Housing and Urban Development (HUD), the bureaucracy that controls his bank account. The money available for armed and unarmed patrols at public housing in San Francisco has dropped by half in the last six years, according to figures Fortner furnished at our request.

A contingent of San Francisco Police Department officers is hired for $83,000 a month to patrol the "Big Four" public housing projects — Sunnydale, Alice Griffith, Hunters View, and Potrero — where many of the city’s headline-grabbing violent crimes occur. That approach was recently expanded to the Western Addition.

Fortner was already struggling to stay out of the papers without the most recent security headaches. In a series of stories published in 2005, the Guardian exposed dangerous and unhealthy conditions at the city’s public housing projects, sparking promises by city officials to fix the problems. And Fortner has also been threatened with jail time by a judge for refusing to pay out millions of dollars the agency owes on verdicts in civil lawsuits.

In addition, last week the Guardian obtained more than 100 forms filled out by public housing residents detailing chronically deplorable living conditions that apparently continue unabated citywide. Compiled by local organizers of the Association of Community Organizations for Reform Now (known nationally as ACORN), the reports of maintenance failure betray stubborn structural decay that persists despite frequent promises of reform from City Hall.

"Bathroom tub leaks through ceiling," one of them reads, closely echoing many of the other complaints. "Stove is broken. Roaches. Holes in my walls; some as big as a square foot."

"My kitchen window has been broken for eight months (due to burglary) and it keeps my house cold," another reads. Most of the maintenance failures have persisted for months, even years. Other complaints depict half-assed repairs that did little or nothing to fix the problem.

In response, Fortner told us tenants are charged for repairs if the authority determines they’re at fault, which leads some to avoid lodging complaints. He maintains that emergency work orders are handled within 24 hours and all others before 30 to 45 days are up.

"We did 63,000 work orders from Oct. 1, 2005, to Sept. 30, 2006," Fortner said. "That’s like 10 work orders per unit, per year. I don’t know where you live, but do you have a repairman in your unit once a month to fix something? We have an old stock that’s falling apart."

But beyond the indignant outcry and public hearings, no one at City Hall except the mayor is in a position to do anything about public housing unless San Francisco decides to take over the authority completely, which some supervisors have discussed informally. The authority answers mostly to the feds.

Fortner warned that when local governments attempt to babysit their housing authorities, they inevitably get into trouble with HUD. In fact, the Berkeley City Council fired itself last week as the charge of its housing authority because of pressure from HUD.

And the burglar who fell to his death at Clementina Towers? SFPD spokesperson Sgt. Neville Gittens told us he was 19 years old and had been working as a caretaker for his victim. The two quarreled over the money, and a neighbor eventually made a noise complaint to the guard downstairs. When the guard arrived, he managed to block the alleged perp from leaving through the front door but couldn’t keep him from making a gruesome exit out the back.

Other residents told the committee shady figures scaled the exteriors of the towers all the time and were doing so with more frequency. Fortner told the committee it was the first he’d heard of the problem. Maybe his promise of a new tip line for residents will prevent ignorance as an excuse in the future. Or maybe not. *

Fast start in 9

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By Steven T. Jones
The next Board of Supervisors race would appear to be only a faint blip on the horizon — coming as it does after this year’s mayor’s race, the presidential primary a year from now, and the state primary fight in June ’08 that will feature the Leno-Migden battle royale — but contenders are already starting to position themselves. Nowhere is that happening quicker than in District 9, where Tom Ammiano will vacate his seat and try to smoothly hand it over to the man he considers his heir apparent, David Campos, who has been quietly lining up support all over town. Police reform advocates were happy to see Police Commissioner Campos hold out for a tougher early intervention system, a bold move that showed he’s not as afraid of the Police Officers Association as too many pols are here in town. And Campos is likely to have the queer community solidly behind him. But the heart of Dist. 9 is in the Mission and Campos is likely to face a strong challenger from longtime Mission activist Eric Quezada, and maybe day laborer advocate Renee Saucedo, who ran against Ammiano last time. And from the more conservative side of the equation, Miguel Bustos will also likely throw his hat into the ring, although this is one of the city’s most lefty districts. So, almost two years early, this is already looking like it’s going to be a Campos-Quezada slugfest. Dontcha just love politics?

Who will be with Leno at the kickoff?

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By Tim Redmond

That’s the question all over San Francisco politics now that Leno has announced he’s running against state Sen. Carole Migden. His campaign kickoff is at noon this Friday, at YBC, and it will be the first sign of what sort of support he’s been able to line up.

The people who show up will risk infuriating Migden, which is nothing to trifle at (and will make it tougher for city officials, who have to work with her on legislation). Leno is much calmer and milder, but he’ll also remember who his friends are (and aren’t).

Sup. Tom Ammiano, who is running for Leno’s seat (with the endorsement of both Leno and Migden) tells me he’s staying neutral. It would be hard for him to do anything else at this point. But soon, lots of local politicos are going to have to take sides, then live with it for a year as the race gets hotter and hotter.

Friday is Opening Day. Let’s see who comes out to play.

SUNDAY

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Feb. 25

EVENT

Pablo Heising Memorial

Even though the unofficial mayor of Haight Street, Paul “Pablo” Heising, had to move away from his beloved neighborhood due to rent increases, you could still find him daily at Café Cole. Cofounder of the 34-year-old Castro Street Fair, the 30-year-old Haight Ashbury Street Fair, and the three-year-old Asian Heritage Street Celebration, Heising has a legacy that goes beyond mural preservation, and his unexpected death Dec. 20, 2006, was widely mourned. Join his surviving family and friends, Supervisors Ross Mirkarimi and Tom Ammiano, and performers in re-creating an indoor minifair to celebrate the man. (Nicole Gluckstern)

1 p.m., free
Kezar Pavilion
455 Stanyan, SF
www.haightashburystreetfair.org

EVENT

Chinese New Year Celebration

Facts is facts: it isn’t Chinese New Year without a ton of firecrackers and lion dancing. Which isn’t exactly relaxing. However, the folks at the ACTCM have got you covered, because their event also features massage and acupuncture treatments, Tai chi and qigong workshops, and lectures on Chinese medicine. Not to mention refreshments – probably some soothing tea to work on that headache. (Duncan Scott Davidson)

Noon-5 p.m., free
American College of Traditional Chinese Medicine
555 DeHaro, SF
(415) 282-7600

Outcry as Caged Wolf enters Guiness Book of Records

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By Sarah Phelan

“I thought this was going to be about Newsom resigning,” said a bicyclist, who’d screeched to a halt to see what yesterday’s noon-time commotion at City Hall was about.
No such mayoral luck (for now) and definitely no sign of the disgraced Newsom as demonstrators gathered on the steps of City Hall to protest the continuing incarceration of freelance journalist Josh Wolf.
At 169 days inside, Wolf has made it into the Guiness Book of Records as the longest-imprisoned journalist in U.S. History. It’s a record that anyone who’s serious about gathering, spreading and accessing information in this age of faux news and spin control can’t help admiring and respecting the 24-year-old Wolf for setting, because handing over your notes, photos or video footage to the feds is not OK, at least not if you want your sources to take you seriously whenever you interview, tape, film them, or promise them confidentiality.
It’s a point Sup. Ross Mirkarimi evidently gets, as witnessed by the impassioned speech the Mirkster delivered at the Feb. 6 Free Josh Wolf rally. Incensed by US District Judge William Alsup, who’s holding Wolf in contempt for refusing to handover video outtakes of a July 2005 anarchist protest turned violent, and outraged by the US Attorney’s Office, who claims Wolf isn’t really a journalist, Mirkarimi encouraged the crowd to join in “loud solidarity against thuggery.”
“Judge Alsup is the ‘alleged’ judge. He should not be on the bench adjudicating,” declared Mirkarimi, flanked by Sup, Tom Ammiano and Jake McGoldrick.
As for the missing Mayor Newsom, Mirkarimi gave the Gavsta a piece of his mind, too, observing that when the Board of Supervisors passed a resolution in support of Wolf and the need for federal shield laws Newsom didn’t sign the resolution. (Hiss! Boo! Buck buck buck.)
Mirkarimi spoke in equally scathing manner of District Attorney Kamala Harris and House Speaker Nancy Pelosi, neither of whom advocated for Wolf in the wake of his incarceration last fall.
“At the very least, they should use their bully pulpit, even if they don’t have the legal reach,” Mirkarimi intoned. “ It does not speak well of the city with the progressive values to stand back in this case. This is not a fringe movement. I don’t care if Josh Wolf s a journalist, a freelancer or a blogger. He’s part of the wave of the future. I’m angry as hell about this. At 169 days inside, there should be a serious outcry.”

The benefits of fiber

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› sarah@sfbg.com

Amsterdam is building a citywide fiber-to-the-premises system. So are Hong Kong, Milan, and Zurich. If San Francisco follows suit, it would be making a far-sighted, multifaceted investment: FTTP would boost our economy, attracting software companies, video production houses, and digital media shops. It would enhance public health, allowing surgeons to review the same materials from different locations. Municipal fiber would improve public safety, facilitating the mirroring and backup of vital data at remote, earthquake-safe locations. It would enable unlimited and open communications — breaking ongoing communication monopolies — and save buckets of cash within a couple of decades.

These futuristic findings are laid out in the fiber feasibility report Sup. Tom Ammiano commissioned two years ago, but the Department of Telecommunications and Information Services didn’t green-light it until last fall. As a result of this delay, the city’s Maryland-based consultant, Columbia Telecommunications Corp. (CTC), couldn’t complete its fiber study until after Mayor Gavin Newsom said he’d struck a wi-fi deal with the Google-EarthLink partnership that still requires the Board of Supervisors’ approval.

Newsom’s plan was threatened even before his recent scandals. City budget analyst Harvey Rose’s report on municipal wi-fi offered a scathing assessment of the Google-EarthLink deal. Board members will now weigh the two new reports — and the opinions of a growing number of critics of the deal — before deciding on the mayor’s wi-fi proposal.

"So far I have more questions than answers," Sup. Aaron Peskin said of trying to digest the budget analyst’s report. "Questions about free service and quality of service. Questions about the environmental and aesthetic impacts of installing antennas citywide. I’ve got questions about Google’s cooperation with a totalitarian government overseas. I’ve got questions reutf8g to the shitty service I’ve personally gotten from EarthLink. Questions about the municipalization of services and questions about other technologies, including fiber."

Peskin admitted he’s yet to read the fiber report, which lauds FTTP as "the holy grail of broadband" while explaining that wi-fi isn’t a competitor but a complement to fiber, since wi-fi’s key advantage is its "mobility and connectivity during movement."

That said, the report recommends building citywide fiber, which it describes as a "fat pipe all the way into the home or business." In the face of the public sector’s lack of interest in building fiber networks that would meet growing demands for bandwidth and speed in an equitable and affordable manner, the CTC report concludes that municipal fiber would rank San Francisco among the world’s most far-sighted cities "by creating an infrastructure asset with a lifetime of decades that is almost endlessly upgradeable and capable of supporting any number of public or private sector communications initiatives."

With fiber allowing numerous competitors to quickly and inexpensively enter the market and offer competing, differentiated broadband services and access, the report recommends a wholesale open-access model to facilitate "democratic and free market values" and enhance the city’s reputation "for visionary and pioneering projects."

The report estimates a citywide open-access wholesale model will cost $563 million but predicts it will spark economic investment and jobs. It recommends building a pilot network in a 12-square-mile economic development area that includes Bayview, Hunters Point, South Bayshore, Chinatown, the Mission District, Mission Bay, Potrero Hill, SoMa, the Tenderloin, and the Western Addition.

The study also observes that aside from supporting safety and communications systems (thereby saving the city huge and unending costs of leasing circuits from telephone companies) and providing higher quality, higher capacity, more reliable, securer service, fiber is the best backbone for wi-fi systems.

Or as communications activist Bruce Wolfe recently told the Guardian, "Wi-fi is a parasite looking for a wire."

Speaking to us, along with United Layer’s Tim Pozar, SFLan’s Ralf Muehlen, and Our City’s Eric Brooks, Wolfe stated that far from being "the naysayers, as we were accused after critiquing the Google-EarthLink deal, we’re actually the truthsayers."

The foursome, who are supporters and providers of current wi-fi services in San Francisco, said although wi-fi rocks when you’re at an outdoor café or checking bus schedules with a cell phone, fiber rules when you’re in a basement, on a fourth floor, or in need of reliable and efficient service or massive capacity.

"That’s why it makes more sense to roll out a joint fiber-cable-wi-fi system, because all the interference and bog downs would be solved by hooking antennas into fiber," Pozar says. "Putting a bunch of antennas up as a cloud over the city supposedly gives free users speeds of 300 kbps, but anyone making a phone call or downloading a video will drain everyone else’s speeds, and blanketing the city with transmitters will make the spectrum unusable by others."

Muehlen expects the wi-fi service his business provides to get "blown out of the ether, technically, or be severely compromised," by the proposed Google-EarthLink deal. "But I wouldn’t mind if I got a network that didn’t suck," he says. "I just want something that works."

Brooks said many people who can’t afford the Internet are "compartmentalized in lower-income areas. Why not begin by addressing those areas instead of giving away the whole 49 square miles to Google-EarthLink?"

He noted that it will cost Google-EarthLink an estimated $300,000 to pay into the city-run Digital Inclusionary Fund. "That’s a drop in the bucket in terms of providing residents with gear, training, and support that truly bridge the digital divide." *

January 13 is Kay Gulbengay Day

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Who is Kay Gulbengay, you ask?
The most knowledgeable person, legislatively speaking, at City Hall, judging from the accolades she received at the Jan. 9 Board of Supervisors meeting, which was dedicated to Gulbengay in honor of the 35 years that the soon to retire deputy Clerk of the Board has served at City Hall, with Board Chair Aaron Peskin also declaring January 13 as Kay Gulbengay Day.
Gulbengay is also, “a wonderful karaoke singer,” according to Sup. Tom Ammiano.
“An awesome power-walker,” according to Sup. Bevan Dufty, who admitted to having crawled back to the relative safety and comfort of the gym after accompanying Gulbengay on one of her many high-speed forays up and down Market Street.
“You didn’t get to know what it’s like to get in her crosshairs and your stuff goes to the bottom of the pile, that’s the story that won’t get told,” Board Chair Aaron Peskin told Sup. Ed Jew, who, as the newest member of Board hasn’t yet had the opportunity to get his legislative knickers in a twist.

Turns out Gulbengay is also a very funny speaker, as witnessed by the crowd of wellwishers that filled the supervisorial chambers to pay their respects.
“I’m touched, but I’m not speechless,” began Gulbengay, adding, “It sounds like I’m dying,” as she began to recall her years at City Hall in the past tense.
“At times you made me feel like a Mother Superior,” said Gulbengay, who is threatening to launch a TV series called Desperate Retirees, along with Clerk of the Board Gloria Young, who is also set to leave City Hall very soon.
“I’ve seen the make-up of the Board got from 11 men, to 10 men and I woman to 9 men and 2 women, to 8 men and three women (which I consider perfect.”
Thank you—and I will be watching.”

January 13 is Kay Gulbengay Day

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January 13 is Kay Gulbengay Day
Who is Kay Gulbengay, you ask?
The most knowledgeable person, legislatively speaking, at City Hall, judging from the accolades she received at the Jan. 9 Board of Supervisors meeting, which was dedicated to Gulbengay in honor of the 35 years that the soon to retire deputy Clerk of the Board has served at City Hall, with Board Chair Aaron Peskin also declaring January 13 as Kay Gulbengay Day.
Gulbengay is also, “a wonderful karaoke singer,” according to Sup. Tom Ammiano.
“An awesome power-walker,” according to Sup. Bevan Dufty, who admitted to having crawled back to the relative safety and comfort of the gym after accompanying Gulbengay on one of her many high-speed forays up and down Market Street.
“You didn’t get to know what it’s like to get in her crosshairs and your stuff goes to the bottom of the pile, that’s the story that won’t get told,” Board Chair Aaron Peskin told Sup. Ed Jew, who, as the newest member of Board hasn’t yet had the opportunity to get his legislative knickers in a twist.

Turns out Gulbengay is also a very funny speaker, as witnessed by the crowd of wellwishers that filled the supervisorial chambers to pay their respects.
“I’m touched, but I’m not speechless,” began Gulbengay, adding, “It sounds like I’m dying,” as she began to recall her years at City Hall in the past tense.
“At times you made me feel like a Mother Superior,” said Gulbengay, who is threatening to launch a TV series called Desperate Retirees, along with Clerk of the Board Gloria Young, who is also set to leave City Hall very soon.
“I’ve seen the make-up of the Board got from 11 men, to 10 men and I woman to 9 men and 2 women, to 8 men and three women (which I consider perfect.”
Thank you—and I will be watching.”

Taking on term limits

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EDITORIAL It’s time to take a look at what legislative term limits are doing to San Francisco. Assemblymember Mark Leno, who is really just hitting his stride as one of the most effective members of the state legislature, is in his last term in office. Supervisors Chris Daly and Aaron Peskin, who are two of the most effective members of the Board of Supervisors, are in their final terms. Supervisor Tom Ammiano, who is the institutional memory of the left in city hall, will be gone in another two years.

In fact, Ammiano is a good case study for what’s wrong with term limits. The supervisor from District 9 has always been strong on the issues, but in his first few years on the board, he had trouble getting his bills through. That was in part due to a hostile board majority, but it was also, frankly, a matter of inexperience: over time Ammiano has convinced even some of his harshest critics that he’s a capable, reasonable lawmaker who can hammer out compromises that make good public policy. The recent universal health care bill is an example, something that might have been very difficult for a newbie supervisor to negotiate.

Ammiano has announced he’s running for State Assembly (when Leno is termed out), which is fine for him, but the board will lose an important presence when he’s gone. And losing Peskin and Daly (along with Sophie Maxwell, Gerardo Sandoval, and Jake McGoldrick) all within the next four years will shake up a board that has become the center of progressive policy development in San Francisco.

Term limits have been, by and large, the creature of conservative activists who want to increase the power of the executive branch and get rid of longtime liberal legislators, who, by virtue of representing safe urban districts, can often accumulate considerable seniority and power. (Witness Ron Dellums, Maxine Waters, and yes, Nancy Pelosi.) On a national level it’s well established that a strong (often too strong) chief executive can only be tempered by allowing members of Congress to serve long enough to develop the skills, contacts, and political bases to keep the presidency in check. On the state level six-year limits in the assembly and eight-year limits in the State Senate have shifted enormous political clout to the governor — and to the lobbyists, who have no term limits and now often know more about issues than newly minted legislators.

We’ve always been against term limits. If former assembly speaker Willie Brown hadn’t been so arrogant and corrupt, term limits for the legislature might never have passed in California. Assembly Speaker Fabian Núñez is working on a proposal to soften the limits slightly (possibly to allow 14 years of service in either house), and that’s a good idea.

Here in San Francisco, the board ought to start work on a charter amendment to modify term limits for supervisors. Ideally, we’d like to see an end to term limits altogether, but at the very least, the two-term limit should be extended to three terms.

The only credible argument for term limits was the threat of unaccountable incumbents running rampant. But with district elections and public financing, that’s not much of a threat in San Francisco. And San Francisco voters seem quite willing these days to vote people out who aren’t doing the job: it didn’t take term limits to get Dan Kelly off the school board.

It’s always tricky for incumbent politicians to do something that smacks of extending their own job security, but the truth is, term limits are bad for the public. The supervisors shouldn’t be afraid to come out and say that. *

Some questions for the mayor

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EDITORIAL Gavin Newsom doesn’t want to take direct questions from the supervisors. He rarely gets asked tough questions from the press and almost never from the public. Instead, as Steven T. Jones and Sarah Phelan report ("Mayor Chicken," page 13), all of his appearances are scripted, and he does a mighty job of ducking the hard questions.

But if he is indeed going to be holding a series of town hall meetings over the next few months, there’s a chance for the voters to pin him down. Here are a few things you might want to ask the mayor:

Your own staff admits that the universal health care plan works only if employers are required to provide health benefits. Yet the Golden Gate Restaurant Association — your political ally — has sued to block this. Do you support the employer mandate? Will you call on the GGRA to drop the suit? Will you decline political contributions from the members of a group that is suing the city with the aim of destroying one of your key initiatives? Where will money come from if the suit succeeds?

When you ignored the will of the voters and decided to hold these town hall meetings instead of appearing before the supervisors, you said the supes were invited to attend. But you knew it would be illegal for them to participate under the Brown Act without some expensive preparations. Why did you do that?

Why isn’t your full appointments calendar posted on the Web? The only information the public gets is a listing of your public events. Where is the rest of the calendar?

You say you support public power, but the city’s efforts are so far limited to Treasure Island and Hunters Point. If there were a ballot measure this fall calling for the city to buy out Pacific Gas and Electric Co.’s system and set up a full-scale public power effort — similar to Sup. Tom Ammiano’s measure in 2000 — would you pledge to endorse it?

The city’s general plan states that 64 percent of all new housing should be available for below-market rates. Sup. Sophie Maxwell has a proposal to make that city law. Do you support her legislation? If not, how will the city meet its affordable housing needs?

The Planning Department acknowledges that the level of new market-rate housing being discussed for the eastern neighborhoods would inevitably destroy thousands of blue-collar jobs. Is that an acceptable trade-off?

Broadband Internet service is arguably the most important public infrastructure American cities will build in the next 50 years. Why are you prepared to turn ours over to private industry? Would it not be worth $10 million — the estimated cost put out by Google and EarthLink — to build our own system?

You asked for the City Attorney’s Office opinion that invalidated the successful referendum drive on the Bayview–Hunters Point Redevelopment Plan. Why aren’t you willing to submit this far-reaching plan to a vote? And if you believe in the plan’s community oversight provisions and deference to the Redevelopment Agency, why did you unilaterally offer the 49ers a new stadium at the old shipyard, which is within the plan’s area?

Why haven’t you followed up on the promise you made a year ago, after expressing outrage over the racist and homophobic videos made by police officers, to form a commission charged with "changing the culture" of the Police Department? And after your office blocked a citizen-based community policing plan, why didn’t you offer some alternative? Are you content with the way the department is being run?

Eight months ago, after vetoing a six-month trial period for closing JFK Drive to cars on Saturdays, you promised to study Sunday closures for six months and offer a compromise plan for Saturday closures. When can we expect that proposal, and will you now support Saturday closures?

Honestly: what’s so scary about answering questions from the supervisors?

We await his honor’s response. *

Mayor Chicken

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› news@sfbg.com

The format is always the same: Mayor Gavin Newsom shows up at a carefully scouted location somewhere in the city with his perfect tie and perfect hair. He brings a cadre of department heads in tow, sending the clear message that he can deliver government services to the public. He takes a few questions from the audience, but the format allows him to deflect anything tough, to delegate any problems to department heads, and to offer a thoughtful “we’ll look into that” when the need arises.

There is no substantive discussion of anything controversial — and no chance for anyone to see the mayor debate contentious issues.

This, of course, is by design.

Newsom has made it very clear during his first term as mayor that he can’t take the heat. He is the imperious press release mayor, smiling for the cameras, quick with his sound bites, and utterly unwilling to engage in any public discussion whose outcome isn’t established in advance.

He has become Mayor Chicken.

So don’t expect any leadership from Newsom during an upcoming series of what the Mayor’s Office is calling “policy town hall meetings” that have been hastily scheduled this year, beginning Jan. 13 in the Richmond District with a discussion of homelessness. The town hall meeting is just politics as usual for Newsom. Since taking office in 2004, he’s held eight of these stage-managed events.

“He does a good Phil Donahue shtick,” says Sup. Chris Daly, recalling one such town hall meeting Newsom held in Daly’s District 6 after he was elected mayor. “Scripted town hall meetings are smart politics for Newsom.”

Scripted events weren’t what Daly had in mind when he wrote Proposition I, which calls on the mayor to appear before the supervisors once a month to answer questions. And these campaign-style events certainly weren’t what voters had in mind Nov. 7, 2006, when 56.42 percent of them approved the Daly legislation, which asks the mayor in no uncertain terms to appear “in person at regularly scheduled meetings of the Board of Supervisors to engage in formal policy discussions with members of the Board.”

Examiner columnist Ken Garcia — a conservative hack who regularly sucks up to Newsom — recently dismissed the voter-approved measure as “a silly, obvious stunt to play rhetorical games with the mayor,” which is how the Newsom camp would like to spin things. But Daly recalls how when he first mentioned the idea of a mayoral question time — back when Willie Brown was still in Room 200 — he was sitting next to then-supervisor Newsom, “who thought it was a great idea.”

It’s hardly an unprecedented concept. Ken Livingstone, the mayor of London, meets with his city’s assembly 10 times a year and presents a detailed report on initiatives and progress. But now Newsom is mayor, suddenly Daly’s idea doesn’t strike him as all that great any more.

While it’s easy to accuse Daly of playing political games, it’s not so easy for Newsom — who loves to talk about the “will of the voters” — to dodge Prop. I. Newsom’s decision to snub voters and avoid real debate was so obvious that he got beat up on both the Chronicle and Examiner editorial pages, on several prominent local blogs, and in television broadcasts. Perhaps that’s why he decided this week to show up and give a speech at the Board of Supervisors inauguration Jan. 8, the first time in years he’s set foot in those chambers. He’s trying to look like he’s complying with voters’ wishes when he’s really doing nothing of the sort.

 

THE “KUMBAYA MOMENT”

It didn’t have to be this way. As board chair Aaron Peskin’s legislative aide David Noyola told the Guardian, immediately after Prop. I passed, Peskin tried to “depoliticize the issue” by becoming the sponsor of a motion to amend board rules.

Peskin’s motion aimed to make space on the board’s agenda for the mayor every third Tuesday so he could address the supervisors on policy matters — a matter he planned to discuss at the Dec. 7 meeting of the Rules Committee.

But two days earlier the mayor took his first jab at ducking the intent of Prop. I. He sent the supervisors a letter in which he claimed that to truly serve the public interest “we should hold these conversations in the community.”

Next, Newsom sent staffers to the Rules Committee hearing, where members discussed how not to force the implementation of Prop. I down the mayor’s throat — and the mayor’s staff claimed they’d be happy to work with the committee to that end.

As a result of this “kumbaya moment,” as Noyola calls it, the Rules Committee decided to continue the item to the following week to have more productive conversation. Meanwhile and unbeknownst to them, 19 minutes into the hearing, the Mayor’s Office of Communications issued a press release outlining Newsom’s intent to hold a town hall meeting in the Richmond District on Jan. 13 — which the mayor said would substitute for complying with Prop. I.

“The Rules Committee was blindsided by the mayor’s press release,” Noyola says.

The mayor, of course, said that all the supervisors were welcome to attend his town hall event and participate in the discussion, giving the appearance he was happy to debate but wanted to do so out in the neighborhoods. But that was a lie: Newsom and his staff knew very well that under state law, the supervisors were barred from participating in any such event.

According to the Brown Act, if a quorum of supervisors wants to be somewhere to discuss business that may be before the board in the future — such as homelessness — and if it wants policy interactions, the clerk must give notice that the supervisors intend to hold a special meeting.

The board actually discussed Newsom’s invitation, and board clerk Gloria Young estimated it would cost $10,000 to $15,000 to staff. It also raised serious procedural and legal questions for the board.

In other words, Newsom knew the supes couldn’t just show up and ask questions.

“But if the mayor wants people to just sit and attend a presentation in the background, like at a speech or a Christmas event, then special meeting notice isn’t needed,” notes Noyola, explaining why Peskin ultimately dismissed the mayor’s invite as “childish” — and why Peskin now says he’d support making question time a charter amendment, thereby forcing the mayor to comply with the will of the voters.

 

WHO’S PLAYING GAMES?

While the Newsom camp continues to dismiss the Daly-authored Prop. I as “political theater,” the supervisor is quick to counter it’s the Mayor’s Office that’s playing games.

“They claim political theater, but if that’s what it takes to get serious policy discussions going, then so be it,” says Daly, noting he has had one private discussion with the mayor in two years, while Sup. Geraldo Sandoval has not talked to him at all. “Newsom claims he has an open door to his office, but so do I — and he’s never been to mine. For the mayor to refuse to discuss important policy items and hide behind ‘I’m afraid of Chris Daly’ is pathetic. Willie Brown probably would have come.”

Daly also observes that San Francisco’s government is structurally unique within California because it represents a city and a county.

“It’s an awkward setup in which there is little formal communication between the board and the mayor,” Daly says, “other than when the board forwards legislation to the mayor for him to approve or veto.”

It’s a structural weakness that hasn’t been helped by the fact that in the three years since he was elected, Newsom only appeared before the board twice — this week and for the board inauguration two years ago — both times giving a brief speech but not engaging in dialogue. It’s an anomaly without precedent in the history of San Francisco. (It’s customary for mayors to deliver their State of the City speeches in the board chambers, but Newsom has done all his at venues outside City Hall.) Most mayors also make a point of occasionally appearing at board meetings (Willie Brown would sometimes even take questions from the supervisors).

On Jan. 8, Newsom slipped in at the last minute and sat next to Peskin until it was his turn to make some brief remarks, an opportunity that immediately followed public comment, during which a baseball-capped woman pleaded with the supervisors to “please kiss and make up with mayor.”

After Peskin welcomed “the 42nd mayor, Gavin Christopher Newsom, to these chambers where you are always welcome,” Newsom rose — and was hissed by a few members of the audience.

“This is a city that’s highly critical of its leadership and that expects greatness from its leaders,” the mayor said. “I have great expectations of 2007…. The key is to work together on the things that unite us…. I look forward to engaging with each and every one of you.”

 

WORKING TOGETHER

This isn’t just politics — there are serious issues involved. Without the monthly question time the Board of Supervisors requested and the voters approved, it’s hard for the city’s elected district representatives to figure out if this mayor actually supports or even understands the issues he claims to champion.

Last year, for example, Newsom was happy to take credit in the national press for the universal health care package that actually came from Sup. Tom Ammiano. But when Ammiano got blasted by business leaders, Newsom didn’t rush to defend the plan; it was hard to tell if he even still supported it.

Business leaders didn’t like that the proposal required employers to provide health care insurance. But Newsom’s own staff recognized that without that mandate, the plan would never work. Did the mayor support it or not?

The situation prompted Sup. Ross Mirkarimi to characterize the mayor’s proposal as “a one-winged aircraft that doesn’t fly,” and it was left to Newsom’s public health director, Dr. Mitch Katz, to confirm that both the voluntary and mandatory pieces of the legislation are joined at the hip. “One can’t successfully move forward without the other,” Katz said at a July 11 board meeting, which Newsom, of course, did not attend.

Since then, the mayor’s commitment to the amalgamated health care package has been thrown into question once again, this time thanks to a lawsuit the Golden Gate Restaurant Association filed only against the employer mandate aspect of the legislation.

The GGRA, which filed its suit the day after the election, is a Newsom ally that funneled more than a half million dollars in soft money into Rob Black’s unsuccessful campaign against District 6’s Daly and into Doug Chan’s coffers for his disastrous fourth-place showing in District 4.

Asked if he knows where the mayor stands on the city’s universal health care plan, Ammiano told the Guardian, “We’ll be meeting with Newsom in the new year and asking for a press conference in which we both pledge to give our continued support for all aspects of plan, but that’s not yet been nailed down.”

Ammiano’s experience is one example of repeated communication breakdowns between Newsom and the board, which have severely hindered policy discussions and the cause of “good government” to which Newsom so frequently pledges his fealty. As a result, Newsom has often ended up vetoing legislation only to reveal in his veto letter that all the legislation needed was a few minor tweaks — changes he might have just asked for had he been more engaged.

Consider how a year ago, Newsom vetoed legislation designed to limit how much parking could be included along with the 10,000 units of housing that were to be built in downtown San Francisco. The legislation was proposed by Newsom’s planning director, Dean Macris, and supported by every member of the Planning Commission but one.

When Newsom caught heat from downtown developers over the measure (see “Joining the Battle,” 2/8/06), he sent surrogates to muddy the waters and make his position unclear until after it was approved by the board. Newsom vetoed the measure, then proposed a couple prodeveloper amendments that hadn’t been brought to the board discussions.

“I’m trying to get the political leaders to come to an agreement because the city needs this,” a frustrated Macris told the Guardian at the time.

A few months later the board was similarly blindsided when it tried to approve legislation that would have created a six-month trial closure on Saturdays of some roads in Golden Gate Park. Newsom’s board liaison, Wade Crowfoot, worked closely with bicycle advocates and sponsor Sup. Jake McGoldrick to modify the legislation into something the mayor might be able to support.

Everyone involved thought they had a deal. Then, for reasons that still aren’t entirely clear, Newsom vetoed the measure. One of the reasons he cited was the fact that voters had rejected Saturday closure back in the 1990s, before the construction of an underground parking garage that still never fills up.

“For what it’s worth, what really sells it for me on this issue of the will of the voters was the shit I went through after Care Not Cash, when the voters supported it and [my critics] did everything to put up roadblocks. And I was making a lot of these same arguments, you know, so this hits close to home,” Newsom told the Guardian a few days after he vetoed Healthy Saturdays.

His words seem ironic: he loves the will of the voters when it suits his interest but not when it requires him to act like a real mayor.

This isn’t the first time Newsom’s been selective in honoring what the voters want: he also refused to hold up the Candlestick Park naming deal with Monster Cable, even though voters rejected it through Proposition H in 2004.

Last October, Newsom’s veto of Mirkarimi’s wildly popular foot patrol legislation led to a humiliating 9–2 override in November, but not before he’d dragged San Francisco Police Department chief Heather Fong with him through the political mud and created an unpleasant rift between himself and his formerly loyal ally Sup. Bevan Dufty.

Newsom has tried to spin his refusal to engage in question time as something other than defiance of voters by proposing the upcoming series of town hall meetings.

“Bringing these conversations to the neighborhoods — during nonwork hours — will allow residents to participate and will ensure transparent dialogue, while avoiding the politicized, counterproductive arguing that too often takes place in the confines of City Hall,” Newsom wrote in his Dec. 5 letter.

But even the Chronicle and the Examiner — neither of which have been supportive of progressives in City Hall — have condemned Newsom for ducking this fight. On Dec. 18, Chronicle editorial writer Marshall Kirduff opined, “There is no end of topics to discuss — a Muni overhaul, a new neighborhood coming to Treasure Island, police policies, the ever-with-us homeless. The city could do with more debate even at considerable risk of dopey rhetoric. That means the mayor should step out of his office, walk across City Hall and face the supervisors. It’s time to bring on the questions.”

Meanwhile, Daly notes the mayor has been spending excessive time out of state, not to mention making frequent trips to Southern California. “I think we should subpoena the guy; he doesn’t know what’s going on,” Daly quips.

A classic example of Newsom’s cluelessness about the local political scene occurred live on TV shortly after 59 percent of San Francisco voted to impeach President George W. Bush and Vice President Dick Cheney. Asked during a Nov. 16 City Desk News Hour interview with Barbara Taylor about Proposition J’s passage, Newsom said, “I am told Congress is going to come to a halt next week, and they’re going to reflect on this new San Francisco value. Before you impeach the president, you should consider the guy who would become president. Why don’t you start with the top two?”

Yup, it’s definitely time to bring on those questions. *

Newsom’s first town hall meeting takes place Jan. 13 at 10 a.m. in District 1, Richmond Recreation Center, at 251 18th Ave., SF.

 

Gonzalez on the fence?

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By Tim Redmond

I think Luke Thomas at FCJ is the first one to officially claim to have unofficially announced that Matt Gonzalez is really running for mayor. But everyone in town is talking about it, and the typical discussion is around not whether but when he will join the race.

There are two conflicting schools of thought here. Some think Gonzalez would need to get in soon if he’s going to raise money and be taken seriously. Others (including, I suspect, Matt himself) would rather wait until the end of the summer and get in at the last minute.

Personally, I think the late-entry plan is a mistake. Four yeas ago, nobody expected Gonzalez to enter the race; he wasn’t even a factor in the discussions. I was on a tv show with him about three months before he wound up entering the race, and we both agreed that it was unlikely there would be any candidates beyond Gavin Newsom, Tom Ammiano and Angela Alioto. There really was a last-minute draft-Gonzalez movement when it became clear that Newsom was headed for an easy victory; part of his appeal was the novelty of it all.

Of course, he pissed a lot of people off, especially in the queer community, but jumping in and effectlively shooting down Ammiano’s campaign. But I don’t think it was a sneaky pre-meditated strategy. Gonzalez can be an impulsive guy; he just decided one day to go for it.

This time, anything he does late in the game will be seen as nothing more than a political strategy. It will look as if he’s intentionally holding back to see who else runs, to let the race play out a bit, and to give himself an advantage. That won’t fly so well in 2007.

There’s already too much talk; too many people have too much riding on this. We need a progressive candidate, and if it’s not Gonzalez, then perhaps someone else will enter (and Gonzalez will look like a spoiler at the end). If he’s going to run — and I hope he does — he should decide soon and get on with it.

I called Gonzalez today, and he insisted that he hasn’t made any announcement, prive or public, official or unofficial. “I’m not running for mayor,” he said. “I’ve made that point over and over again. I have said that I’ve thought about it, and I have. But I’m not getting in anyone’s way, and if another strong candidate wants to run, they should go ahead.”

I told him that I think he needs to make a final decision soon, and rule himself out if he isn’t going to run. “I agree with that,” he said.

My, how the rumors swirl

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By Tim Redmond

Well, now I’m not the only one speculating about the possibility of Carole Migden deciding to run for mayor. Sasha at LeftinSF floated it out Tuesday, and SFist weighed in on it today.

All of this, of course, goes back to the story that Mark Leno may challenge Migden for her state Senate seat, a prospect that has political reporters and insider-politics junkies (including me) buzzing around madly.

But when you actually think about if for a second, there are a few good reasons for everyone (including Leno) to take a deep breath and consider what this could mean. For starters, Midgen and Leno don’t really disagree on a lot of major issues. So the campaign would be all about things like “effectiveness” and personality — and that kind of race has the prospect of turning very negative and very ugly very fast. The battle would split the progressive community, and, as one observer put it to me, “there would be blood everywere, and it could take years to heal the wounds.”

I’m not syaing Leno shoudn’t do it — I like to see incumbents face a challenge, and this is a democracy and he has every right to run for any office he wants. But this is about more than Leno and Migden; there’s a progressive movement in this town, and we’ve got a lot of battles to fight.

I know Leno and Migden aren’t on the best of terms right now, but I think Sup. Tom Ammiano has the right idea. “Before this goes any further,” he told me, “Mark and Carole really need to sit down and talk.”

And I’d love to evesdrop on THAT conversation.

PS: Lest I sound too negative about a Leno challenge, let me quote a local activist who knows both politicians well: “Leno fights for his issues. He’s a real hard worker. Carole pushes the right button on the issues, but a lot of us think she’s missing in action. She shouldn’t be talking to Leno — she should be back here talking to us.”

And if the prospect of a challenge gets Migden to pay more attention to her constituents, that’s only a good thing.

The next big fight

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› steve@sfbg.com
San Francisco’s eastern neighborhoods — the Mission District, Potrero Hill, Showplace Square, Dogpatch, the Central Waterfront, and SoMa — are shaping up to be a prime battleground in the fight over who will determine the city’s future.
Can city officials, working with community groups, set development standards that will create adequate housing for all income groups, protect the job-generating businesses that use light-industrial property, and include enough open space and other community benefits? Or will the community have to, for the most part, simply accept what the market forces are willing to provide?
This is the basic dichotomy at the heart of the Eastern Neighborhoods Plan, which has been in development for years and will be unveiled by the Planning Department sometime in 2007. In anticipation of that release, members of the Board of Supervisors are attempting a preemptive strike in the form of a resolution demanding the plan prioritize affordable housing and other public needs.
The 11-page resolution — which was sponsored by Supervisors Sophie Maxwell, Jake McGoldrick, Aaron Peskin, and Tom Ammiano — restates policies from the city’s General Plan, particularly its Housing Element, and emphasizes the need for the Planning Department to ensure those policies are reflected in land-use decisions for the eastern neighborhoods.
The problem is that the city isn’t meeting its goals, particularly in the realm of affordable housing. The resolution notes that the Housing Element calls for 28 percent of new housing to be affordable to people with moderate incomes, 10 percent affordable to low-income residents, and 26 percent affordable to those with very low incomes.
Yet the city’s inclusionary housing law calls for developers to offer only 15 percent of their units below market rate, and a study associated with that law’s recent update indicates most developers won’t build if asked to contribute more (see “Homes for Whom,” 6/18/06, at www.sfbg.com). The vast majority of what’s now being built isn’t affordable to even middle-class San Franciscans — a far cry from the 64 percent of such housing called for in city policies.
“We do not have a housing crisis in San Francisco,” Maxwell declared during a Dec. 12 hearing on the resolution. “We have an affordable housing crisis.”
Most of the progressives who constitute the board majority agree with Maxwell’s statement, which has been made before by housing activist Calvin Welch and some of the community groups pushing the resolution. They all want the eastern neighborhoods, where a disproportionate number of low-income San Franciscans live, to be where the city begins to correct its housing imbalance.
“We need land specifically set aside for affordable housing, and the best place to do that is in the eastern neighborhoods,” Maxwell said at the meeting. “Let’s make this official city policy.”
Or as McGoldrick told the Guardian, “What we’re talking about here is a paradigm shift of major proportions.” He sees the eastern neighborhoods as the ideal place to create and protect working-class housing with aggressive affordability goals, and he said, “Those developers who can’t meet those goals will have to build in other parts of the city.”
But real estate speculators and developers who have spent years waiting to move forward their projects in the neighborhoods have attacked the resolution and its goals. The stakes are extremely high. The plan will set standards for the 4,800 housing units already proposed in the eastern neighborhoods, including 11 projects in the Showplace Square area that total 1,800 units, and more on the way.
“Our projects are being held hostage,” Residential Builders Association president Sean Keighran told us, saying of his members, “They were speculators, but they were playing by the rules.”
Keighran insists RBA builders will help bridge the affordable housing gap if the city works in partnership with them and uses incentives like density bonuses and height variances rather than strict limits and set-asides. But the resolution, he said, “will be interpreted as a tool to stop market-rate housing.”
That’s something even progressive Sup. Chris Daly doesn’t want. Daly emerged as the primary critic of the resolution during the Dec. 12 meeting, blasting it as unnecessary and offering a list of confusing amendments that set the stage for Sup. Bevan Dufty to successfully continue consideration of the resolution to Jan. 9, 2007.
Welch and community leaders such as Tony Kelly of the Potrero Hill Boosters were unhappy with Daly’s maneuver. Kelly told us, “It’s the community groups of the eastern neighborhoods who pushed for this.” He felt it was important for the board to give planners specific marching orders. “It’s meant to say this is what we’ll accept.”
Daly said he supports the basic goals of the resolution — and even said at the meeting that he will ultimately vote for it — but he told the Guardian he would rather find creative ways to work with developers on increasing the amount of affordable housing than draw bright lines that might block market-rate housing.
“I’m not sure it’s the right resolution at the right time,” Daly told us.
During the meeting he also questioned city planner Ken Rich on what impact this nonbonding resolution would have and concluded that it’s merely symbolic, although Rich did say it might spur planners to investigate and present more mechanisms for meeting affordable housing goals.
Daly then suggested a complete revision of the Housing Element to overcome the “balancing act” Rich said planners must perform between competing imperatives, such as facilitating jobs, open space, and housing.
“The General Plan asks us for a lot of different things,” Rich told the board.
“If that’s a weakness in the General Plan, we need to work on that,” Daly said, making the motion that the resolution also require planners to develop a list of “contradictions in the General Plan that will require them to balance conflicting mandates.”
“That could be a thesis topic in itself,” Peskin responded.
Daly’s motion was discussed among the supervisors, clouding and sidetracking the discussion, but it was preempted by Dufty’s motion to delay the matter until the next board meeting. Maxwell said she’s not giving up on the measure, which she sees as necessary to focus planners who feel constrained by market forces.
“Affordable housing seems to be last on the list, and we want it to be a priority,” Maxwell said at the meeting.
It’s an open question whether she has enough votes to win approval and what kinds of pressures and distractions the RBA and its allies will bring to the debate. But the heated division over this simple resolution is a harbinger of what’s to come next year, when the real fight over San Francisco’s future socioeconomic makeup begins.
Or as Peskin said at the hearing, “This is just a preamble to our receipt of the plans themselves.” SFBG

Migden and Ammiano

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By Tim Redmond

Well, within a few minutes after my blog on Mark Leno and Carole Migden was posted, Eric Potashner, Migden’s aide and political advisor, called me to say that Migden has endorsed Tom Ammiano for state Assembly and to poo-poo all the talk of a heated Leno-Migden race, which he says he isn’t worried about.

Okay, I believe him. But he should be worried, because it’s real — and unless the term-limits law is modified, I see Leno wanting to go for it.

Anyway, I just got back from the Haight Asbury Neighborhood Council post-election forum, where another fascinating wild-ass scenario was floated: Suppose Migden does the math and decides that she has a better chance running against Gavin Newsom than she does defending her Senate seat against Mark Leno?

After a member of the audience floated her name in the mayoral sweepstakes, Calvin Welch, who has been watching local politics for a very long time, pointed out that Migden is extremely smart — and not afraid to make a bold political decision.

I don’t exactly see it, but it’s a very strange world out there right now.

Leno v. Migden: The mind reels

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By Tim Redmond

Well, the info I picked up last night was a bit off; Matier and Ross haven’t run anything yet on the poll Mark Leno has done to evaluate his chances in a possible race against Carole Migden for state Senate in 2008.

But word about the race is all over town. The BAR checked in today with a story by Matthew S. Bajko discussing the race and quoting Leno confirming that he’ll make a decision early in 2007. Bajko suggests that the race

“would almost certainly reopen old wounds not only between the formerly close allies but also between the city’s two LGBT Democratic clubs. The clubs came down on different sides in the bitterly contested Leno-Britt race, and it took several years for the clubs to improve their relationship. The race also soured Migden and Leno’s relationship; Migden had backed Britt as her choice to replace her in the Assembly.”

I’m not so sure it breaks down that simply. Leno is now much more popular with the left-leaning Harvey Milk LGBT Club than he was five years ago, and Migden is, frankly, a bit hard to define politically these days. I think there would be progressives on both sides of this one, and the LGBT community would be split along unusual lines.

Only about half the district is in San Francisco, and the rest in in Marin and Sonoma counties, where Leno is almost unknown (and where politics, while heavily Democratic, tend to be a bit less liberal than SF). So both candidate will have to establish some moderate credentials.

But in the end, the left in San Francisco will play a key, perhaps decisive role in the race. And it’s anybody’s guess how that plays out in the end.

For example, let’s take a wild (and unlikely) scenario: Leno is clearly supporting Mayor Gavin Newsom. Suppose a left-identified candidate like Matt Gonzalez takes on Newsom — and Migden decides to join up against the mayor. How many of Leno’s left allies does that peel off?

Another wild card: Assembly Speaker Fabian Nunez is pushing a measure that would modify Leigslative term limits, perhaps to allow 12 years of service in any one house. Now think about this: If (as expected) the Legislature moves the California presidential primary to early 2008, but leaves the remaining state primaries in June (and that’s the likely scenario right now), Nunez’s measure could be on a January, 2008 ballot — and if it passes, Leno could then file to run again for his Assembly seat in June. (And I think he would; Leno doesn’t have his heart set on the state Senate right now. He just loves politics, and doesn’t want to be out of office.)

Which would mean Leno wouldn’t run against Migden — but would also mean that Sup. Tom Ammiano, who has announced he will seek Leno’s seat, would be SOL.

Of course, if the Nunez plan fails, and Leno runs against Migden, since Leno will then support Ammiano for the Assembly seat, perhaps Migden recruits a candidate (Chris Daly?) to run against Ammiano. Which would really not be pretty.

But hey: Maybe Bush and Cheney will be impeached, making Nancy Pelosi the president, and Leno can run for her Congressional seat. Wheee.

Mining metadata

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The Board of Supervisors’ Rules Committee unanimously recommended Nov. 30 that all parts of a city document should remain in the public domain, including the document’s electronic fabric, or metadata.
If approved by the full board, which seems likely, the decision will signal a victory for a small but vocal group of activists who view metadata as an important front in the battle for public access to government documents.
Metadata is defined as data about data — information that can reveal nuances of a document, such as where it was created, how it was modified, and when it was transmitted. If you know how to use the Track Changes function in Microsoft Word, for instance, you can glean how a document’s numbers were calculated or how its text evolved.
Local activists Allen Grossman and Kimo Crossman argue that such access to city documents is one of our privileges as citizens: we pay for city government to represent us with our tax dollars and therefore have the right to track almost everything it does — down to the faintest of electronic fingerprints on an Excel spreadsheet. Grossman and Crossman got involved with the fight for metadata when board clerk Gloria Young denied their request for a copy of the Sunshine Ordinance in its original Microsoft Word format.
“Are we gadflies, whatever that means?” Grossman asked the Guardian the day before the Rules Committee made its recommendation. “I don’t think so. I think we have an interest in making sure that everyone else knows what’s going on.”
Some city officials say that granting boundless access to documents and their metadata is risky. Deputy city attorney Paul Zarefsky wrote a five-page memo expounding the dangers: it could let hackers into the computer system; it could leave city documents open to manipulation; it could burden city officials with more data awaiting redaction.
He and Young proposed that all city documents should be presented to the general public as PDFs, or portable document formats, which would exclude any metadata from the original document.
The Rules Committee’s recommendation unanimously rejected that proposal. Supervisor Ross Mirkarimi argued that while requests for metadata might be a nuisance to city officials, the city is still responsible for providing “all native data” to the general public that is consistent with the Sunshine Ordinance. When Supervisors Tom Ammiano and Sean Elsbernd agreed, room 263 at City Hall erupted with applause.
“The fact is that we’re entitled to see all public information that is not exempt,” Grossman told us. “To the extent that public information is buried in the other data, the metadata, we’re still entitled to see it.”

Blood in the water

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Mayor Gavin Newsom has long been considered a lock for reelection next year, a belief driven by his same-sex marriage gesture, hoarding of political capital, personal charm, and high approval ratings. Yet Guardian interviews with more than 20 political experts and insiders from across the ideological spectrum indicate that Newsom may now be more vulnerable than ever.
Just as San Francisco politicians are starting to calculate whether to run, the Newsom administration has suffered a series of political setbacks. In November alone, most of Newsom’s picks got spanked during the election, his veto of popular police foot patrol legislation was overridden by the Board of Supervisors, and he was caught off guard by the San Francisco 49ers’ announcement that they were moving to Santa Clara, taking with them Newsom’s hopes of landing the 2016 Summer Olympics.
“Until recently, I didn’t have a lot of hope,” Sup. Chris Daly, whom Newsom unsuccessfully worked to defeat, told us. “Now the progressives have a glimmer of hope. The mayor seems to be hurting from three or four episodes where he was caught with egg on his face.”
To many political observers — most of whom the Guardian allowed to speak anonymously in order to capture their most candid observations and plans — the defeats were indicative of a mayor who seems increasingly disengaged and out of touch. Even Newsom’s strategy of avoiding fights that might hurt his popularity has rankled many of his allies, who complain that this risk-averse approach has allowed the Board of Supervisors to effectively set the city’s agenda.
“This guy does not use one scintilla of his political capital on anyone or anything,” said former mayor Art Agnos, whose name has been dropped as a possible challenger to Newsom but who told us, “I’m not running.”
There are a number of strong anti-Newsom narratives out there, even on his signature issues, such as crime and homelessness, which persist as visible, visceral problems despite increased city spending on homeless services and controversial tactics like police sweeps and one-way bus tickets out of town for vagrants.
The mayor started his term by announcing during a radio interview that if the murder rate rose, he should be ousted from office. It did — remaining at 10-year highs through the past three years — handing his potential opponents a ready-made sound bite. The crime rate could be a powerful weapon when paired with Newsom’s failure to follow up on promises of police reform.
Newsom is still likely to offer up a long list of accomplishments in his usual statistics-laden style. But much of what he tries to take credit for was actually someone else’s initiative, such as the universal health care measure crafted by Sup. Tom Ammiano (who is running for the State Assembly and not taking a third run at the mayor’s office). Adding to Newsom’s problems in November was the lawsuit the Golden Gate Restaurant Association — a Newsom ally — filed challenging the measure.
Almost everyone we interviewed agreed that if Newsom does have approval ratings of around 80 percent, as has been reported, that support is very soft and may significantly erode during the campaign. “His support is an inch deep and a mile wide” was how one political analyst put it.
“His ‘skyrocketing’ approval rating is irrelevant,” one downtown politico told us. “People approve of the mayor like they approve of the color beige. If you fill an arena with 50,000 people and ask them to decide on what color to paint the walls, that color will always be beige. It’s not that they necessarily like beige; it’s that they will accept it as long as those freaks who want hot pink don’t get their way.”
And then there are his personal foibles. Newsom’s choice of girlfriends — from the Scientologist actress to the 19-year-old hostess — has found its way into print and caused the mayor to lash out in brittle ways that have hurt his relations with once-friendly outlets like the Chronicle, which openly mocked Newsom’s televised comments last month about how hard his job is and how he might not run for reelection.
Finally, there are the new electoral realities: this is the first mayor’s race in which challengers will receive public financing from a $7 million fund (almost all of which, Newsom campaign manager Eric Jaye argues, will be aimed at doing damage to Newsom) and the first with ranked-choice voting, allowing candidates to run as a team and gang up on the mayor.
Add it all up, and Newsom looks vulnerable. But that’s only the first part of a two-part question. The trickier part is who can run against Newsom, and that’s a question to which nobody has any good answer yet.
THE FIELD
Among the names being dropped for a mayoral run are Dennis Herrera, Aaron Peskin, Ross Mirkarimi, Matt Gonzalez, Kamala Harris, Mark Leno, Agnos, Susan Leal, Angela Alioto, Lou Girardo, Warren Hellman, Jeff Adachi, Tony Hall, Leland Yee, Daly, Michael Hennessey, Quentin Kopp, and Carole Migden. That’s quite a list.
Yet most say they are disinclined to run this time around, and none are likely to announce their candidacies in the near future, which is when most observers believe a serious run at Newsom would have to begin. Here’s the catch-22: nobody wants to run against Newsom unless his approval rating sinks below 60 percent, but it’s unlikely to sink that low unless there are rivals out there challenging him every day.
Two candidates who already hold citywide office and could aggressively challenge Newsom on police issues are Sheriff Hennessey and District Attorney Harris, both of whom have mainstream credentials as well as supporters in the progressive community. But both have expressed reluctance to run in the next mayoral election, at least in part because they’re also standing for reelection this fall and would need to leave their jobs to run for mayor.
Public Defender Adachi is a favorite of many progressives and could also run on police reform, but his job of representing sometimes heinous criminals could be easy for the Newsom team to attack Willie Horton–<\d>style.
Many of the strongest potential candidates are thought to be waiting four more years until the seat is open. City Attorney Herrera can take as much credit as Newsom for gay marriage and is a tough campaigner and formidable fundraiser who has clearly been setting himself up for higher office. Assemblymember Leno has won over progressives since his divisive 2002 primary against Harry Britt and could be mayoral material, particularly because he’s termed out in two years. But both are allies of Newsom and reluctant to run against him.
Several supervisors and former supervisors would love to beat Newsom, but the road seems steep for them. Daly just got beat up in his own reelection, so his negatives are too high to run again right now. Supervisor Mirkarimi might run, but some consider him too Green and too green and are urging him to wait four more years. Board President Peskin could also be a contender, but some doubt his citywide appeal and note a few bad votes he’s cast.
Challenges from Newsom’s right could include Kopp, the former legislator and judge; Hall, the former supervisor whom Newsom ousted from his Treasure Island post; businessman and attorney Girardo; financier and philanthropist Hellman; and Alioto, who ran last time. But these would-be challengers are generally less liberal than Newsom, who pundits say is as conservative a mayor as a town with an ascendant progressive movement will tolerate.
Finally, there’s Gonzalez, who four years ago jumped in the mayor’s race at the last minute, was outspent by Newsom six-to-one, and still came within less than five percentage points of winning. Many progressives are urging him to run again, noting that he is still popular and has the political skills to highlight Newsom’s shortcomings. But Gonzalez remains cagey about his intentions.
“I don’t believe I’m running for mayor. The chances are slim,” Gonzalez told us. “But I think he needs to be challenged.”
TEAM NEWSOM
Newsom campaign manager Jaye says he’s definitely expecting a challenge. And unlike most observers whom we spoke with, who are surveying the field and not seeing many people jumping in, Jaye expects a crowded free-for-all and a tough race.
“Is it likely to be a highly contested mayor’s race? Sure. Is that a good thing? Yes, I think it is,” Jaye said. “Every race in San Francisco is tough. The school board races here are fought harder than some Senate races.”
But Jaye thinks the new public financing system — in which mayoral candidates who can raise $135,000 will get $450,000 from the city — will be the biggest factor. “That’s one of the reasons I think everyone’s going to run,” Jaye said. “That guarantees it will be a crowded field.”
One political analyst said that’s the best scenario for defeating Newsom. He said dethroning the mayor will be like a pack of jackals taking down an elephant. No single challenger is likely to beat Newsom, but if he’s being attacked from all sides, he just might fall.
As for Newsom’s weaknesses and missteps, Jaye doesn’t agree the mayor is particularly weak and doesn’t think people will turn away from Newsom because of his candid comments on how the job cuts into his personal life.
“One of the reasons so many people like Gavin Newsom is he’s not afraid to be human in public and to be honest,” Jaye said, adding that his candidate is up for the challenge. “He is running for real and will run a vigorous race.”
Jaye concedes that the 49ers issue is difficult: Newsom will be hurt if they leave, and he’ll be hurt if he appears to give up too much to keep them here. The high murder rate and inaction on police reform are widely considered to be vulnerabilities, but Jaye said, “Gavin Newsom gets up every day and works on that problem, and if voters think another candidate has a better solution, they’ll look at it.”
Everyone agrees that candidates will enter the race late — which is what happened during the last two mayor’s races and is even likelier with public financing. If Newsom takes more hits or can’t get his head into the game, the sharks will start circling. “The next three months with what happens with the mayor will be telling,” another political insider told us.
One test will be with Proposition I, the measure voters approved Nov. 7 asking the mayor to show up for a monthly question time before the Board of Supervisors. Newsom reportedly has said he won’t come, which could look cowardly and out of touch to the voters who approved it and to the supervisors, who might make great political theater of the no-show. And if Newsom does decide to show up, most observers believe he might not fare well in such an unscripted exchange.
If Newsom implodes or appears weak in late spring, suddenly all those political heavy hitters will be forced to think about getting in the fray. After all, as just about everyone told us, nine months is like an eternity in San Francisco politics — and Newsom has the best job in town.

Pink-paint hate

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It was a little after 6 o’clock on the morning of Sept. 21 when Naomi Okada arrived to start her day at Lowell High School. The Japanese language teacher is often at work early, and after a short wait a custodian let her into the building. Okada made her way down the quiet, empty halls of the school and up a stairwell to the second floor, where she unlocked the door of the World Language Department office. She dropped her things by her desk, one among more than a dozen belonging to the language teachers who share space in the large office. As she entered the nearby kitchen to brew a pot of coffee, John Raya’s desk, in the corner by the door, caught her attention.
“I noticed there was paint all over his computer,” Okada told the Guardian. “My first impression was that it looked like a bucket of paint was poured over it.” Thick streams of pink liquid dripped from the monitor onto the keyboard and were splattered on the wall behind the desk and the chair in front of it.
She thought this might have been an accident, but since Raya was also an early riser and usually came in about a half hour after her, she decided to go look for him. She walked quickly down the hallway, past Spirit Week posters painted the same shade of pink, to Raya’s classroom. It was still locked. Moments later she ran into him in the hallway, and together they went back to the office.
Okada hadn’t yet passed close enough to the desk to see a note propped on the keyboard. It was Raya who would first read what it said:
“Big mouth fag!!!!! You start too much trouble in this department!!!! Mind your fucking business and go back to New York!!!!! Or Cuba or wherever the fuck you come from!!!!!”
“I was stunned,” Raya told us. “It didn’t hit me in the beginning. It was just bizarre. It didn’t make sense. And then the reality hit.”
Raya thinks the pink paint was chosen because he is gay and the words because he’s been speaking up about problems he sees in the language department in which he has taught French and Spanish for almost 20 years.
Soon the school’s interim principal, Amy Hansen, and assistant principal Peter Van Court would have the room closed off and guarded by security. John Scully, the police officer assigned to the school, would arrive to gather evidence that might identify who committed the hate crime.
And all of that would take just a few hours. The destroyed keyboard and desk chair would be removed and replaced. The paint would be wiped up, leaving spare vestiges of pink in the seams of the computer monitor and on the chalk tray behind it. By lunchtime it would seem as though this had never happened — and most of the school would still be unaware that it had.
Later, Inspector Milanda Moore of the San Francisco Police Department’s hate crimes unit would be assigned to the case, and Raya would ask her why a crime lab was not brought in. “She said that was Mr. Scully’s call,” Raya said.
“We didn’t really have a lot of evidence,” Scully told us. “I guess it’s a computer office classroom,” he said, misidentifying the room. “A lot of people touch computers. It would be hard to get a good fingerprint. I didn’t see the point.” He said rooms that see a lot of use and are heavily trafficked by kids are hard to fingerprint.
This, however, isn’t one of those rooms. It’s an office to which only faculty and administration have keys and access, and students are strictly forbidden from entering without supervision. And when Okada arrived for work early that morning, the door was locked, the lock was functioning fine, and there was no sign of a forced entry.
That’s led Raya and others at Lowell to a truly disturbing conclusion: the hate crime was committed, they suggest, not by a disgruntled student or misguided prankster but by a member of the faculty or an administrator.
If that’s true, then Lowell — the city’s premier public high school, a place that wins awards for its teaching and is lauded for its tolerant attitudes — has a staff member who has resorted to the sort of racist, homophobic act that’s rarely seen in San Francisco workplaces these days. And he or she still hasn’t been caught.
In fact, one of the oddest elements of this entire episode — and the fact that makes it more than a passing story of poor behavior — is the way the school administration has seemed to go out of its way to keep the whole thing under wraps. Students were never formally told what happened. Faculty were discouraged from discussing it. The student paper, the Lowell, was scolded for daring to print a story about it. Other than a student-organized response, there was no attempt to use the incident as a learning experience.
Some school officials are unhappy that the administration kept this so quiet. “I think that’s totally inappropriate,” Sarah Lipson, vice president of the Board of Education, told us. “We’ve tried so hard to be transparent. If you have no idea where this is coming from, you have to err on the side of transparency.”
And when we started to look into the crime, we discovered that it wasn’t an isolated event. The language department at Lowell is such a mess that a specialist in nonviolent communication has been hired to mediate. “It’s a very hot, polarized situation,” said Lynda Smith, a consultant with Bay Area Nonviolent Communication who works with couples and groups and teaches classes at San Quentin. “In my experience, the tension and the lack of trust in this department is one of the more extreme situations that I’ve encountered.”
The situation is raising some deep-seated questions about the way one of the nation’s top public high schools is managed.
Lowell is the kind of academic institution that inspires faith in the public school system. Last May, Newsweek ranked it 26 out of 1,200 top public schools in the country. Each year nearly 3,000 of San Francisco’s intellectually elite eighth graders vie for the 600 open slots, facing academic standards more rigid than those of any other high school in the city. The list of alumni is thick with Rhodes scholars and Nobel Prize winners, Beltway press secretaries and Ivy League college presidents.
The rigorous learning environment means “the students are so academically driven they rarely have time to look up from their books,” said Barbara Blinick, a social studies teacher and faculty sponsor of the school’s Gay-Straight Alliance (GSA). She thinks that’s what makes Lowell “one of the safest campuses in the city.”
“We fight over seats in the library,” student Beatriz Datangel said. “Last year someone got in trouble for throwing a cupcake.”
And Lowell has a reputation for being a safe and accepting place for queer students. “They’re not attacked, they’re not beaten up,” Blinick said.
“I have never been in or heard of a high school with as gay-positive an environment as Lowell has,” English teacher Jennifer Moffitt said. “That isn’t to say Lowell is perfect by any means, but it’s unusually open here. We have several openly gay faculty members as well as students.”
“Last year’s prom king and queen were both guys,” English teacher Bryan Ritter added. “And they both fought over the tiara.”
Which is why the hate crime committed against Raya was so shocking.
“I can’t believe that someone would target him,” Ritter said. “He’s such a nice guy. I don’t tolerate homophobia, and I can’t express how appalled I am that it’s happened in my own school.”
Ritter, like a majority of the faculty, first heard about the incident from Hansen the day after it happened.
Hansen told us she said “this was a horrible act, that it was an assault on all of us and we need to keep our ears open and be listening, because if students know and if students were involved, if you listen, kids talk.”
But if the incident was indeed an assault on “all of us,” the students were not included in that community. No public announcement was made to the student body. The monthly “Message from the Principal,” released just three days after the hate crime was discovered, painted a bright, sunny picture of a day in the busy life of Lowell, with Spirit Week in full swing and faculty steeped in annual curriculum development. There was no mention of the incident of hatred directed against a veteran faculty member.
“It seems to me it’s been downplayed from the very beginning,” said David Lipman, a Spanish teacher. “We were told at the beginning not to say anything to the students. So we didn’t say anything.”
“Somehow,” Lipman told us, “I’m just afraid that it’s not in the district’s interest to find out who did it. And it seems like no one will ever hear about it again.”
The school’s award-winning student paper, the Lowell, wasn’t comfortable with that approach. “The students hadn’t heard about it — that’s why we covered it in the paper,” said Ritter, who’s also faculty sponsor for the monthly publication.
Raya was very willing to talk about the crime with reporter Cynthia Chau, who didn’t have a difficult time getting details of what happened or leads as to why from him. Responses from the principal were not as forthcoming.
“She did talk to us, and she answered all of our questions,” said a reporter who assisted Chau with the front-page story. “Except for when it got to Raya’s allegations that were more controversial — when he said she hadn’t done enough to respond to the hate crime, about her showing favoritism, and that he had had a discussion with her about that. She said, ‘No comment, that’s between Mr. Raya and myself.’<\!q>”
After the story hit the hallways, Hansen scheduled a meeting with the journalism classes that publish the paper to discuss their moral obligations as reporters. Though Hansen had issues with a number of their articles, including the one on Raya, the overall impression the classes came away with was that she disapproved of them covering controversy.
“Her recommendation was that we shouldn’t report stories that may have a negative effect,” reporter Jason Siu said. “That doesn’t really work. As journalists, we should report the truth. If it’s happening on the Lowell campus, we should report it.”
John Raya has the quiet presence of the kid who sits in the back of the classroom minding his own business. The only edge in his otherwise soft voice is a Brooklyn accent, which dissolves when he speaks French or Spanish, the two languages he teaches at Lowell. It’s hard to believe he could incite enough animosity to drive someone to commit a hate crime against him.
But at Lowell he’s become the most vocal leader of an expanding group of teachers unhappy about the management of the language department.
Since June, Raya has been writing letters to various administrators and the Board of Education about what he perceives as inequities in the way classes are assigned to teachers and how students are selected for them. He’s been calling for more openness in decision-making processes, for a formal policy on who teaches which classes, and even for the department head, Dorothy Ong, to relinquish her position.
“Everyone in the department was getting copies of these letters,” Lipman said. “There were a lot of them. They were mainly in the weeks preceding the incident. They were about policy, fairness, equity — very professionally done. Your jaw dropped open because they pierced right to the heart. They were like when a senator is calling for the president to step down.”
High schools are often places where petty drama takes the stage as high art, where locker room cliques are nascent coffee klatches and conflict and competition are extracurricular activities. But behind the academic politics are sometimes real issues.
When Amy Hansen left Oakland’s Skyline High School to stand in as interim principal at Lowell for the 2006–<\d>07 school year, Raya was one of the first people to come by her office, a few days before school commenced in August. He wanted to talk about the World Language Department’s “long-standing history of conflict,” she said. “He raised concerns about how the department was run, he felt that he was not being treated fairly, and he raised a number of issues which I took seriously.”
At Lowell the 600 or so incoming students are asked to rank three options from the nine languages the school offers. Like many high schools in the country, Spanish is in high demand, second only to Chinese; more than half of Lowell’s students are Chinese American. Over the years, more sections of these popular classes have been added incrementally, but a concerted effort has also been made to skim off some kids into other, less popular languages, such as Korean, German, and Italian.
Herein lies the rift, which some view as philosophical — but which in practice leaves one person playing God. Every year about 100 unlucky students end up with the second or third language they picked. This balances the class sizes and lets the less-popular languages survive, but critics of the system think it undermines student choice — for the benefit of the adults who teach them. This year three Spanish classes and a French class were replaced with additional sections of German, Korean, and Advanced Placement Chinese in order to bolster the numbers.
According to Raya and his contingent, this was inexplicable, and so much tension existed in the department, they suspected the only reason it was done was to favor teachers who might otherwise be let go if the programs were cut.
“We voted as a department years ago — the languages that don’t support themselves, we’re going to let them die off,” Spanish teacher John Ryland said. Tagalog, Russian, and Greek had all seen the ax.
Part of the problem is that teaching at Lowell is a popular gig no one wants to lose. “There’s always the fear that a diminishing number of students taking certain classes leads to a change in who gets to teach classes and teach at Lowell,” social studies teacher Ken Tray told us.
It’s particularly rough in the language department, where changing preferences can mean the end of a job. “Other departments don’t have competition or concern that there will be enough kids signing up to teach their classes,” Tray said.
Ong, who decides which language classes to save (and who should teach them), denied there was any favoritism. “If you look at the whole picture, what is lost here? Nobody lost their job,” she said. “People can say I favor the lesser languages. I protect all languages as department head.”
Then there’s the AP issue.
Nearly 100 percent of Lowell students graduate, nearly all continue on to college, and the school’s basic requirements are geared toward getting them into at least the University of California system. Unlike many other schools, Lowell doesn’t limit the number of Advanced Placement, or college-level, classes a student can take, and many kids use them to heavily spice their transcripts and entice college admissions counselors.
For teachers, the advanced curriculum of AP classes is a chance to be challenged along with the kids. “Among teachers, there’s no shortage of desire to teach AP,” said Bryan Ritter, who teaches AP English.
And the school is happy to provide as many AP classes as it can. According to San Francisco Unified School District (SFUSD) policy, for every 20 AP exams that are taken by students, the district will fund one additional AP class. So 100 students testing means additional funding for one new teacher. “At Lowell we make a bundle off of that,” said Terry Abad, president of the Lowell Alumni Association.
The money is deposited in the school’s general fund, but rather than hire additional AP teachers, Lowell’s administrators ask staff members to teach multiple sections of AP classes. By doubling and tripling the number of AP classes one teacher instructs, the school frees up thousands of dollars to pay for other school services.
“From a financial perspective, if teachers weren’t teaching AP, we wouldn’t be able to fund school,” Abad said. “Without AP money Lowell would be a disaster.”
But another disaster is in the works, with overburdened teachers looking to dump classes and underburdened teachers wishing they could have them. “The idea of AP is to give a very intensive college experience and give teachers the time to properly attend to those classes. The whole system has been corrupted,” said David Yuan, an English teacher.
Nowhere in the school is that more obvious than the language department, where one teacher has four Chinese AP classes. “It’s a tremendous amount of work,” Xiaolin Chang said. “I’m hoping next year someone else will teach.”
Hansen said these concerns have not fallen on deaf ears. Two subcommittees have been established for reviewing the numbers to determine classes and another “to create policies and procedures that are written, so that it isn’t ‘I like you, I don’t like you, you’re cute, or whatever, the kids like you better.’ So that there’s some process,” Hansen said.
She refused to allow teachers to review old data to see if favoritism had played into past decisions and defended the language department chair. “I feel that in the limited time that I’ve been here, Ms. Ong deals with a staff of at least 18 or 19, all of whom feel passionate about their language, a complicated scheduling process, and I think she does a herculean task. She has the support of the majority of the faculty, who trust her and believe that she’s doing the best she can.”
Despite the concession to be included in future decision-making processes, Raya continues to wonder why there hasn’t been more of an effort to find out who trashed his computer and to rectify the rumors. “People still think a student did it. I’ve gotten lots of cards and e-mails from people, all supportive, but they keep thinking it’s a student,” Raya said.
But that seems almost impossible to believe, since no students had access to the area and there was no forced entry, “I would be very, very, very surprised if it wasn’t an adult,” Lipman said. “The note said you’re making too many problems for this department — students don’t know that.”
The district hired a private investigating firm, Brubeck and McGarrahan, to look into the situation, and Ellen McGarrahan released the findings of her investigation to SFUSD legal counsel Nov. 20. Her report states that 15 people — all faculty or staff — were interviewed. The investigators were unable to reach any conclusions.
But not everyone who uses the room was questioned. “I’m shocked that they haven’t questioned everyone in the department,” said Lipman, who was not contacted by any investigator. “I’m surprised they didn’t ask everyone what they knew. It seems like that would be the logical thing to do.”
Instead, on Oct. 23, during the middle of the school day, Raya was called downtown by Inspector Milanda Moore for almost three hours of what felt like a full interrogation. “My mistake was I didn’t get a lawyer. I didn’t think I needed one. She duped me. She said it was an interview,” Raya said. He told the inspector he didn’t have a key to the building or any knowledge of the security code to quell the alarm and was at a class at City College the night before and working out at the gym the morning the vandalism was discovered.
“She said, ‘Why don’t you take a polygraph?” I said, ‘I have no problem doing it, but I’ll do it on the condition that every administrator, every faculty member, and every student do it.’<\!q>”
Raya told her, “I’m the victim! Why are you asking me?”
At Raya’s interrogation, one of the letters he wrote to assistant principal Peter Van Court was touted as an example of how Raya was capable of orchestrating his own hate crime. “She [Moore] said to me the language in the hate crime note sounds like the language I used to Van Court in my letter. I said, ‘Excuse me, there’s nothing in that letter that says faggot.’<\!q>”
Inspector Moore refused to comment on this case, except to say it was still open.
Hansen is not a popular principal these days. Since September she’s been “dropping in” on classes for short observations, which she says are a way to get to know the school and encourage a pedagogical dialogue.
In theory, this sounds exactly like what an engaged administrator should be doing — but the practice has had a hard launch as teachers have perceived it as an opportunity for the administration to unfairly critique them at their jobs.
“The principal started off the school year wanting to have this intense conversation about our teaching. Dropping into classes was initially portrayed as a collegial part of an ongoing process of a development exercise,” said Ken Tray, a social studies teacher and United Educators of SF union representative. Instead, the principal’s practice of dropping into classes to casually observe teachers has created a backlash against her style and approach.
“A record number of grievances have already been filed this year,” Tray said. “Last year we had one grievance the entire year, and there were some very serious issues that came up.”
“They’re clearly a lot more than friendly, getting-to-know-you visits,” Yuan said. “There are a lot of people that are unhappy. It’s tense. This is essentially a new policy.”
An unprecedented meeting Nov. 2 drew more than half the faculty to a forum to air their concerns. Their biggest gripes: a lack of trust, a rush to judgment, issues with communication, a sense of top-down management, and a real worry that teachers were being unfairly evaluated, which is a violation of the contractual agreement between the teachers’ union and the district.
“Lowell does not have to be fixed,” Tray said. “It’s creating a faux crisis. What’s the issue here? We have outstanding students doing outstanding work. More punitive measures from the administration seem out of place.”
Some say Hansen may be a good principal who’s just at the wrong school. “I think she’s probably a pretty good turnaround principal,” Yuan said. “Her approach is good for schools with more difficult students.”
“I think everyone is pretty much united,” school board member Eric Mar said. “The principal is autocratic and doesn’t resolve conflict. The principal chosen is the wrong person for the school, and that’s one of the root causes for the conflict.”
November is Transgender Remembrance Month at Lowell. GSA posters commemorating transgender victims of hate crimes hang throughout the hallways, and on a busy afternoon the students rush by them, their arms loaded with books, their ears pressed to cell phones, appearing like the young professionals they hope to someday be.
When asked why the students weren’t informed or brought together as a group to discuss a hate crime on their campus, Hansen said, “We can’t, first of all, have a schoolwide assembly. We have 2,700 kids and we have an auditorium of 900 capacity.”
And she said, “We wouldn’t generally broadcast this kind of information. Whenever a computer’s stolen or something terrible happens, we don’t tend to broadcast it.”
However, the day before the hate crime was discovered, another teacher’s tires were slashed. Hansen went on the school’s broadcasting system, Radio Lowell, to denounce the slashing as an inappropriate way of dealing with anger and asked anyone in the community with information to come forward.
That wouldn’t necessarily be the way to handle a hate crime, but according to other professionals in the field, secrecy isn’t always the best route either.
Al Adams has handled a few hate crimes during his 19 years as a principal, even writing about a 1994 incident at his school, Lick-Wilmerding High, for the National Association of Independent Schools newsletter. He titled his article “When Homophobia Rears Its Head.”
“My rule of thumb with anything like this is to be open and honest and candid about it. That always goes a long way. Make sure the victim feels safe and also search out teachable moments,” Adams said.
“The most effective treatment of a hate crime is to shine the spotlight on it and make the perpetrators accountable,” said Sam Thoron, who recently retired after six years as national president of Parents for Lesbians and Gays (PFLAG), an organization he’s been involved with since his daughter came out in 1990.
He said there’s a fine line between shining a light and making too big a deal, but “burying something like this tends to make it worse.
“I would expect the school to make a clear and public statement that this is not acceptable, but it’s awful easy to hide these things.”
Barbara Blinick, faculty sponsor of the GSA, was worried about the lack of candor. “That was a fault. I do think that could have been done better. [Hansen] made a choice not to make it public. But everyone knew about it, everyone was talking about it, and that’s why the GSA wanted to respond.” Blinick spoke with Hansen shortly after the incident and arranged for the GSA to do the outreach.
“The students have been really brave and thoughtful and working so hard,” Blinick said. “We all agree it took too long, and some of the tardiness was that we wanted it to be perfect.”
On Nov. 30, more than two months after Raya discovered his defaced desk, an outreach bulletin written by the GSA was distributed to the students, with a cover letter from Hansen denouncing homophobic discrimination but without specific mention of Raya or the hate crime that happened in the school.
Communities United Against Violence does outreach in the SFUSD through a speaker’s bureau, a program founded by Sup. Tom Ammiano. The group is often contacted by schools after a hate crime occurs, and since 1978 some 70 volunteers have been visiting schools such as Washington, Galileo, Ida B. Wells, and Mission to talk about what it takes to have an open and supportive community, “but we don’t get invited to Lowell,” program director Connie Champagne told us.
“They need to be coming here,” Blinick said. “That’s a really easy way to talk about these issues. They should be hitting every 10th-grade classroom, and I thought that they were.”
The private investigator’s report has been finalized, with no conclusion about who may have targeted Raya. The city’s investigation is ongoing and already reeks of a case gone stale for lack of evidence and witnesses.
Nothing further about it has been said to the faculty, and nearly everyone questioned by the Guardian said they hoped to hear something more soon. Conditions in the department haven’t necessarily improved, and veteran teachers are already looking forward to the end of the year.
“Who did it? That piece needs to get solved for them to move forward,” said the mediator, Lynda Smith, who, after two sessions, was not invited back by the administration.
“I’m so discouraged now,” Raya said. “I’m just at low ebb. I’m really disgusted. I don’t want to leave Lowell. I love Lowell. I’m addicted to Lowell. But the morale is so low I think it’s going to be my time to go. I never thought I would.
“The sad part is it’s not the kids. They’re the ones I will miss the most. It’s sad that this has to prompt me at 50 years old, spending more than half my life in this profession, to decide that this is the time to quit.”

Editor’s Notes

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The death of David Ayoob didn’t get a lot of headlines. He wasn’t famous in that way; he never ran for office or made speeches. But everyone on Cortland Avenue knew him, and when he died suddenly of a heart attack at 53, Bernal Heights — and the city — lost a great citizen.
Ayoob ran 4-Star Video, and he was the essence of a good small businessperson. He was active in the community and friendly to everyone and treated his employees well. (When he opened a second shop on Potrero Hill, he made two former employees partners in the business and let them run the new outlet.) His shop felt like the neighborhood — full of a diverse collection of people, with plenty of kids and dogs running around. Everyone was welcome.
As one post on a Bernal listserv put it, “With David it was never just about running a business. Bernal was his family. He was a larger-than-life character. The fabric of the neighborhood is weaker, a bit less comforting, and a lot less colorful without him.” Sup. Tom Ammiano added, “He had such a wonderful heart, so generous.” We’ll all miss him.
The memorial for Ayoob is Dec. 9, 2 p.m., at St. Kevin’s Catholic Church, 704 Cortland, SF.
I’m liking Frank Rich’s most recent analysis in the New York Times, which has President George W. Bush in effect talking to the walls, like Richard Nixon in the final days, and utterly losing touch with reality. It’s not clear that he even remembers why we got into this war in the first place: if he wanted control of Iraqi oil, he’s pretty clearly bungled any hope of that, and nothing in the current course is going to make the situation any better. If it was all about his ego, then that’s a lost cause.
My only problem with the Rich line (other than the fact that you can’t get it on the Times Web site without registering and subscribing, which is pretty damn stupid for the nation’s paper of record) is that it assumes Bush actually had a grip on reality in the first place.
I remember way back in the early days of the presidency of Ronald Reagan reading a piece by Carl Bernstein in the Washington Monthly that said something considered heresy in the nation’s capital: Reagan, he wrote, really wasn’t terribly intelligent and didn’t know what was going on half the time. Agree with his policies or disagree, it was a bit alarming to have someone in the White House who was really a pretty dim bulb (and thus was easily manipulated by the people around him — even before the Alzheimer’s hit).
Even today there’s this sense of respect and decorum in Washington that prevents people from just coming out and saying it: the president really doesn’t know what he’s doing.
Consider the other fascinating Bush item from the past week, his interaction with senator-elect Jim Webb, whose son is a Marine in Iraq. Bush (like an idiot) asked Webb, an outspoken war critic, “How’s your boy?” Webb responded appropriately: “I’d like to get them out of Iraq.” Bush’s lashback: “That’s not what I asked.”
Well, yes, it was what he asked. And the father of a kid who is risking his life for Bush’s insanity answered the same way a lot of fathers would: honestly. Somehow, in Washington, this is a big deal.
Hey: 2,900 US soldiers are dead. Time to get over the protocol.