G.W. Schulz

Switching sides

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› gwschulz@sfbg.com

Following the waves of layoffs that have occurred over the past year at several newspapers in the Bay Area, former top editors and reporters are reinventing themselves as media spokespeople, also known as "flacks," after the jackets that deflect incoming rounds of ammunition. At least a half-dozen prominent journalists have succumbed so far.

Their job now is to stamp out unsettling questions from their former colleagues or put a positive spin on bad press, like calling a slight dip in San Francisco’s homicide rate last year a huge success for Mayor Gavin Newsom or characterizing his lurid affair with a subordinate as a chance for him to heal emotionally.

They’re perhaps most famous for the phrase "no comment," but flacks the world over would likely prefer a more honorable description, like the one promoted by the Public Relations Society of America: "Public relations helps our complex, pluralistic society to reach decisions and function more effectively by contributing to mutual understanding among groups and institutions."

Spoken like a true flack.

So who better to work as a media relations executive than a former reporter? Newspaper insiders know more than anyone else how to kill a story or at least blunt its impact by instilling doubt in the mind of the reporter. It’s not uncommon for journos to hear "That’s not a story" from the new flacks.

Another tactic, used by C.J. Cregg, the fictional flack in Aaron Sorkin’s television series The West Wing, is to invite uncooperative reporters out for coffee and off-the-record chatter until they’ve been befriended. District Attorney Kamala Harris’s press office is famous for coffee invites.

Among the newspaper expatriates:

Chris Lopez, an editor of the Contra Costa Times who was laid off by parent company MediaNews Group last year, took a job as a communications director for the Denver host committee of the Democratic Party’s 2008 convention.

Paul Feist, formerly the Sacramento bureau chief for the San Francisco Chronicle, was appointed by Gov. Arnold Schwarzenegger earlier this year to serve as a communications secretary for the California Labor and Workforce Development Agency.

Tom Honig, who recently departed as the longtime editor of the Santa Cruz Sentinel, accepted a job with Armanasco Public Relations, an affiliate of Hill and Knowlton, which represents such illustrious clients as McDonald’s, Pacific Gas and Electric Co., and Starbucks. Hill and Knowlton helped McDonald’s diminish fallout from the 2004 documentary Super Size Me, in which filmmaker Morgan Spurlock attempted to survive exclusively on the fast-food chain’s food for 30 days, with disastrous results (his health condition plummeted).

Honig, however, promised Sentinel staffers Nov. 30 that he wasn’t betraying the values of news reporting and proclaimed himself a martyr hoping to save the Sentinel from further staff cuts enacted by MediaNews CEO Dean Singleton.

"Just because you’re in public relations does not mean you’re a liar," the paper quoted Honig as saying. "What I do now is tell people’s stories. This is just another way to tell people’s stories."

He’ll make a praiseworthy spinner indeed.

Lopez and Honig could not be reached by deadline. Nor could we get hold of a spokesperson for the spokespeople at the Public Relations Society of America. Feist wouldn’t comment when we contacted him.

There are other defectors. A former Chronicle reporter from the paper’s Sacramento bureau, Lynda Gledhill, is now a spokesperson for State Senate leader Don Perata, and a San Jose Mercury News capitol reporter, Kate Folmar, is working for the press office of Secretary of State Debra Bowen. And former Chronicle City Hall reporter Charlie Goodyear is now working for the high-powered SF flack firm Singer Associates.

Newspaper giant MediaNews set the trend this year for pushing career journalists into public relations. The company laid off scores of people after it purchased several newspapers in the Bay Area, including the Sentinel, the CoCo Times, and the Mercury News. But other Bay Area newsrooms, including the Hearst Corp.–owned Chronicle, today have literally half the staff they had just a few short years ago.

Lopez previously worked for Singleton’s flagship paper, the Denver Post, which he helped earn a Pulitzer Prize for its coverage of the Columbine shootings. Columnist Charles Ashby of the Post‘s rival Pueblo Chieftain pointed out Dec. 10 that two more former Post staffers are now working as press secretaries for Colorado governor Bill Ritter and reporters from other large Colorado papers are today handling public relations for the Denver Metro Chamber of Commerce and the University of Colorado.

Gene Rose of the National Association of Government Communicators insists citizens are better served by bureaucracies that contain former reporters.

"With the shrinking news hole and with less reporters to cover news, agencies and governments are being forced to figure out ways to communicate more directly with people one-on-one," Rose, also a former reporter, said.

The interim dean of the University of California at Berkeley’s journalism school, Neil Henry, documented the phenomenal rise of public relations in this year’s book American Carnival: Journalism Under Siege in an Age of New Media (University of California Press). In particular, he notes, TV news organizations have grown increasingly reliant on polished video news releases produced by flacks, which sometimes air verbatim, as opposed to expending their own dwindling newsroom resources. The VNRs, as they’re called, give "coverage" of a product or idea the veneer of journalistic credibility, when in fact they’ve been created by professional manipulators.

"For the concerned citizen and certainly for the dedicated American journalist, it is horrifying to see how significantly business and political advertising has compromised the mission of the news industry, at times with the industry’s full participation," Henry writes.

He adds that in 2004, New Mexico governor Bill Richardson lured more than 20 journalists, including some of the state’s best, into his administration with the promise of good pay.

So who else in the Bay Area plans to depart for the dark side? No comment.

City College chancellor steps down; Christmas ruined for thousands

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How can the people of San Francisco make it through the holiday season without crying uncontrollably over the just-announced departure of San Francisco City College Chancellor Phil Day? In a statement, Day apologized profusely for destroying your Christmas.

“I am truly sorry that I must deliver this message on the eve of our traditional holiday break but I did not want you to find out about this by reading the papers or having it via news reports.”

Thank you for being so kind, Chancellor. Clearly the media frenzy resulting from your official announcement to step down is making it difficult for San Franciscans to concentrate on their celebrations — including the public and private critics of your administration, many of whom worked hard to help us understand just how much of a mess the school’s costly bond projects are in.

I can has bocaburgerz!!!

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Guess who got an Icanhascheezburger T-shirt for the holidays? You motherfuckers are jealous.

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We got some serious cat lovers over here, but we still haven’t managed to convince our copy editors to make “kittehs” instead of “kitties” a part of our official in-house style. Maybe if enough readers leave comments supporting the change, our rigid copy desk will lighten up a little.

Is New College dying?

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› gwschulz@sfbg.com

After a turbulent year in which its accreditation was suspended and school president Martin Hamilton reluctantly resigned, New College of California is in dire financial straits. Some even fear that the innovative liberal arts institution — whose central campus at 777 Valencia Street once housed a mortuary before the school was founded there 40 years ago — could be in its death throes.

New College has experienced a 41 percent decrease in enrollment this year, seeing its population drop to fewer than 500 students. And the institution is losing about $80,000 each month, according to minutes from a faculty meeting that took place in late November. The school needs more than $2 million to cover operating expenses into January, and school trustees have considered filing for bankruptcy protection.

A Chapter 11 reorganization would allow New College time to improve its finances without shuttering completely. But acting school president Luis Molina says bankruptcy would also mean the school wouldn’t receive any federal financial aid for its students, a source of tuition revenue it desperately needs to survive. So he insists bankruptcy is off the table.

"I’m not going to deny that the school is in a financial crisis," Molina said. "But from my perspective, I don’t see bankruptcy as the solution."

New College is nonetheless struggling to make payments to vendors, and payroll checks have bounced or been withheld by the school. Molina also acknowledged that in the summer Pacific Gas and Electric Co. threatened to turn off the school’s power due to unpaid utility bills.

Dozens of financial aid applications for the just-ended fall semester still need to be processed, which means New College can’t yet receive the federal loans and grants it pays out to students, many of whom rely on the funds to cover basic expenses while attending classes.

"We can’t believe it’s happening," said Cheryl Fabio, a second-year law student at New College. "No one knows anything. We’re operating completely on a rumor mill, and the worst of the rumors keep on becoming [true]."

Fabio returned to school after working for several years as an Oakland city employee. Despite the uncertainty about New College’s future, she was studying for finals and continuing to attend classes. But she hasn’t received $10,000 worth of financial aid from New College this semester, and she’s four months behind in rent at the home in Pittsburg where she lives with her daughter.

The US Department of Education sent a letter to the school in August informing administrators that applications for federal funds submitted by New College’s Financial Aid Office would face heightened scrutiny due to the discovery by investigators earlier this year that the school may have illegally mishandled scholarships and other aid money.

New College must repair dozens of student files and submit a mountain of documentation for preapproval on each financial aid package before being reimbursed. Eighty such packets were submitted Dec. 12, Molina said, but as of now money from earlier applications is only trickling into the hands of students.

That’s a considerable setback for the school, since it relies heavily on student tuition to continue operating, so it’s considering a big fundraising drive and a halt in enrollment in some programs for the spring semester until its finances are stabilized.

The November minutes show proposals including an across-the-board 25 percent pay cut as an alternative to layoffs, but up to 20 full-time faculty members between January and spring of next year might need to be cut to keep the school from going under. Another option, Molina said, is for some faculty to work part-time and apply for limited unemployment benefits from the state to make up the difference.

Maria Bourn is a second-year law student who moved to San Francisco from Washington to attend New College. She’s received her financial aid for the fall semester, but her last $1,200 check for her work-study job as a legal clerk bounced. Bourn says that while she’s fortunate enough to receive help from a partner who works, one of her classmates was forced to return to Pennsylvania because he couldn’t continue paying rent without federal assistance.

"It has just been one disaster after another," Bourn said. "Last year I didn’t receive my financial aid for several months because of difficulty after difficulty with [New College’s] financial aid department."

Recently departed president Hamilton had vowed to stay on for up to a year during a transition period, but Ralph Woolf, the executive director for the Western Association of Schools and Colleges, insisted during a July meeting with the school that it would be "unacceptable" for Hamilton to stay, according to minutes.

WASC’s accreditation commission for senior colleges suspended New College in June after a rare special investigation revealed flawed financial controls, sloppy record keeping of student files, and ill-conceived academic curricula. A blistering report from the commission concluded, for instance, that the school couldn’t explain the course requirements and specific content of its Pilot Hybrid Leadership in Urban Transformed Environments program, which New College hoped would benefit adult African Americans who otherwise have trouble accessing higher education.

"The commission has repeatedly found that, in addition to longstanding and ongoing financial challenges, New College did not have systems and structures in place in very basic areas of operation, including governance, faculty oversight of academic matters, assessment of student learning, and financial management and accounting," the report stated.

WASC will decide in February whether to remove New College from probation or strip the school of its accreditation. Woolf refused to comment when we called his office.

Molina said the school may also have to liquidate some of the buildings it owns in San Francisco to maintain solvency. In the meantime, he said, a committee charged with finding a new president for the school has identified three candidates for the job.

"The students, the faculty, the staff — there’s a huge commitment to keep the college open," Molina said. "It’s part of the social fabric of San Francisco…. Nancy Pelosi is a strong supporter of the college. I know her office is concerned…. We’re doing everything we can to make sure this college can survive."

Money woes and accreditation problems were a common occurrence during Hamilton’s rocky tenure, which often divided the campus into factions of supporters and opponents of his administration.

New College bought one of San Francisco’s oldest and most beloved movie theaters in January 2006 in an effort to save it from closure. But employees at the Roxie Film Center on 16th Street are now unsure about its future. Sunny Angulo has worked there for two and a half years. A payroll check from early November bounced, and she hasn’t received checks for the two following pay periods.

"We have seen single-screen, small independent theaters all over the city — all over the country, really — close down," Angulo said. "They’re sitting around rotting. Without another source of revenue tying in a nonprofit, educational component, I think that it would be very difficult for the Roxie to survive. Almost impossible."

Peter Gabel, a board trustee of New College, admitted during a small Dec. 14 all-campus meeting that he’d recently loaned the school money to help cover payroll expenses. Shortly afterward, however, the attendees voted 10–9 to eject the Guardian from the room after discovering that a reporter was present.

New College’s federal tax forms show that in late 2005, Gabel loaned the school $95,000 to cover operating expenses, and other records show that he loaned the school more than $400,000 in August 2007. As of May 2006, the school owed creditors nearly $6 million, New College’s most recent federal tax forms show.

Despite WASC’s sweeping indictment of the school’s operation, New College’s leaders indignantly responded in a June letter that the school was "shocked and even traumatized by the sudden abruptness of the investigation," which it claimed "lacked due process."

The school also denied that its administrators were reluctant to cooperate with the investigation and implied that complainants who first contacted WASC conspired to damage the school.

New College did admit, however, that Hamilton was duped by an exchange student who promised the school a sizable donation in return for help in attending classes after entering the country from Nepal. The student claimed he was a wealthy bureaucrat there but turned out to be more or less a con artist without money even to cover tuition.

New College has long served as an academic training ground for social justice advocates and liberal activists. In 2002 it made national news when it launched a green business master’s degree that balances traditional marketing and management courses with sustainability concepts in an attempt to marry profit with ecological sensitivity.

Despite the challenges, Molina remains optimistic about the school’s future: "Once we get our record-keeping offices in order so that we don’t have delays processing the financial aid, things will start running smoothly." *

Teens girls lusting after Tom Waits

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Buddyhead interviewed Tom Waits recently, and while overall, the interview is a piece of shit, we just loved Tom’s response to the following:

So what do you think of Scarlet Johanson doing an entire album consisting of covers of your songs?
Well some songs are meant to be recorded by other people. Those are the seeds in the tomato, you know? You expect that someone will hear it and might wanna interpret it themselves. So we’ll see.

Yea, hey, you might have a whole new audience of 14-year olds!
Oh yea, the teeny boppers, it’ll be like The Beatles concerts, girls crying, holding pictures of me and coming apart emotionally behind police barricades.

“Coming apart emotionally behind police barricades.” The smallest turns of phrase separate the songwriters from the douchebags.

Image credit: Myfilmo.com from “Down by Law.”

Thank God for the San Francisco Examiner!

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If it weren’t for the hard-charging business section of the San Francisco Examiner, we’d have never learned that the nation’s largest pharmaceutical drug distributor was being sued by an employee-benefits fund on the East Coast.

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Okay, okay. We had the story a year ago. We just had to gloat a little. The Chronicle caught up with it several weeks later, and the Wall Street Journal beat us all when they fronted the story on the day the suit was filed earlier in 2006.

The McKesson Corp. is based here in San Francisco, and in the Examiner‘s deadwood edition this morning, they explained that the company was accused in federal civil court records of conspiring with the Hearst Corp. to artificially inflate drug prices causing consumers to pay untold billions more than necessary for wholesale pharmaceuticals.

Hearst, of course, owns the Chronicle. But they also own a company that publishes drug prices called First DataBank. McKesson’s corporate headquarters fill 20 floors at One Post Street where Sen. Dianne Feinstein also maintains an office. The Examiner‘s coverage today is a mere two-sentence brief, and without crucial context outlining McKesson’s past alleged anti-competitive actions, the story is all but meaningless.

McKesson’s chief exec makes more money even than the top suits at Bay Area oil companies (check the San Francisco Business Journal‘s “Book of Lists”). But the local press does an extraordinarily poor job covering the Fortune 500 company.

Now, we know it sounds a little self-righteous to complain about the lack of Big Pharma coverage in the Bay Area. After all, complex health-care policy just doesn’t have big boobs. But isn’t a Federal Trade Commission investigation kinda hot? It’s in their SEC filings, you hunky business reporters.

Young journos doomed to poverty and pink slips

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Cub reporters are finding it increasingly difficult to climb out of bed each day.

The pay sucks, everyone’s eager to inform you of the real story you’re failing to cover, and no matter how many late nights you put in, opportunities for advancement throughout the biz are slimming down with every new round of announced layoffs.

Spend each waking moment learning how to navigate Byzantine government bureaucracies so you can write a few cool stories, and the thanks you’ll get in return is the axe to help save expenses in the short term for the paper’s media parent. Here’s what management might say these days as an explanation:

“We are not trying to make any other statement here other than it is a competitive world out there and we are doing what we can to make sure we are putting out an excellent paper in the communities we serve.”

Polyamorous politicos

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This week, we reported on Sup. Michela Alioto-Pier’s divided love between San Francisco and St. Helena in Napa County where she maintains an additional home. But she isn’t the only local official who’s heart is torn. Who else is sleeping around?

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A friend of Oakland City Council president Ignacio de la Fuente who sits on the Oakland Port Commission may be living primarily in the peninsula town of Hillsborough, one of the nation’s wealthiest based on per capita income, rather than a tough East Oakland neighborhood he claimed to reside in. The Oakland City Charter requires that Tony Batarse live in city limits while serving on the port commission. But East Bay Express reporter Robert Gammon bore into his claims last month revealing that the commissioner, a successful auto dealer and also a donor to powerful state Sen. Don Perata, had been taking annual homeowner’s exemptions on his opulent residence in Hillsborough since at least 1985. The tax benefit can only be used against a property that the homeowner predominantly lives in.

Where’s Michela?

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Michela Alioto-Pier, carpetbagger.

That’s what her Democratic primary challenger called her in 1996, when Alioto-Pier ran for the House of Representatives from the 1st congressional district, which hugs the California coastline from the town of Napa to the Oregon border.

Alioto-Pier, a San Francisco native, had spent the previous two and a half years at the White House advising Al Gore on telecommunications issues. After returning to the West Coast, the ambitious 26-year-old packed up her belongings and moved to St. Helena in Napa County, buying a home there in November 1995 and registering to vote the following month.

Her opponent, Monica Marvin, promptly attacked with a commercial showing a moving van heading across the Golden Gate Bridge alongside a photo of Alioto-Pier and a voice-over condemning outside candidates.

"I think the perception was that someone who’d lived most of her life in the district had a more comprehensive grasp of the issues and the culture reflected by those constituents," Marvin told the Guardian recently.

Alioto-Pier nonetheless won the primary, but she narrowly lost the general election to a Republican incumbent named Frank Riggs. He too assailed her for moving to the district just before the race.

More than a decade later, District 2 supervisor Alioto-Pier hasn’t managed to escape accusations that she’s detached from her constituents, nor has she succeeded in clearly reestablishing residency here since beginning a new political career at San Francisco’s City Hall.

THE SECOND-HOME STORY


Alioto-Pier is registered to vote at a Vallejo Street condo that she bought in 2005 for $1.9 million, and she told us that she, husband Thomas Paul Pier, and their three children make it their primary residence.

"Depending on the time of year, we spend some weekends at our St. Helena house, which is on the same street as Congresswoman [Nancy] Pelosi’s St. Helena house," she said in a written response to our questions.

An Alioto-Pier office assistant, Gene Eplett, left a voice message with the Guardian insisting that second homes are commonplace. "You probably have one as well," Eplett said.

Not exactly. Particularly not one with a taxable value of $774,793.

And in some legal documents, Alioto-Pier lists the Napa County house as her residence.

In August the supervisor formed a limited liability company for the purpose of "wine production" with Pier, called Alioto-Pier Vineyards, according to state business registration records. Both listed their home address as the three-bedroom, two-bath St. Helena home on Zinfandel Lane. Alioto-Pier paid $590,000 for the place, which sits on 2.6 acres of world-famous Napa County soil.

Within days of Mayor Gavin Newsom’s appointing her to the Board of Supervisors in January 2004, she signed a deed of trust for a $100,000 equity line of credit, again listing the Zinfandel Lane property as her home address, according to Napa County records.

In early May 2003, not long before she joined the board, former mayor Willie Brown tapped her to sit on the powerful San Francisco Port Commission. That same week she reregistered another wine-making business in Napa County she’d founded years before called Alioto Cellars, a.k.a. Alioto Winery. In the area of the original form asking for a residence, she began to list the St. Helena property but thought better of it, crossing it out and replacing it with a San Francisco address on Jackson Street that she appears to have used for at least two years, according to Napa County records.

In response to questions regarding the business registration records for Alioto-Pier Vineyards, the supervisor said neither she nor her husband signed the form and that it was filled out by their attorney.

"Alioto-Pier Vineyards LLC is a small wine producing business (approximately 250 cases per year) whose business address is more suitable to where our vineyard (approximately one acre) is located — at our St. Helena property," she wrote.

The form asks for the addresses of the company’s managers separate from the location of the principal executive office. For both Alioto-Pier and her husband, Zinfandel Lane is given as the home address.

DISTRICT ISSUES


As a supervisor, Alioto-Pier has exhibited savvy on emergency preparedness, mothers in the workplace, energy use, and the threatened demise of St. Luke’s Hospital in the Mission, which treats primarily low-income patients.

Mick Suverkrubbe, president of the Marina Merchants Association, said the supervisor always has a presence at the group’s meetings.

"If she doesn’t show up, one of her aides shows up," Suverkrubbe said. "She’s always been real responsive when we’ve had questions."

But some critics say Alioto-Pier appears all too willing to take direction from the Mayor’s Office, well-financed business interests, and Democratic party functionaries rather than independently arriving at positions.

"She’s like the windup doll," said one City Hall insider who asked not to be named. "It’s fair to say every time I see Sean Elsbernd [her board ally] make a decision, I know that it’s coming from a policy perspective, not someone yanking his chain. It’s the exception, not the rule, that she comes up with her own policy perspective."

"She has three more years, and hopefully they’ll be better," Bill Barnes, an aide to Assemblymember Fiona Ma who formerly worked for Sup. Chris Daly, said of Alioto-Pier’s current board term. "The point of district elections is that supervisors respond to their neighborhood. The values and concerns in District 2 are going to be more moderate and conservative than some other areas, but you still have to provide that basic level of service."

ATTENDANCE PROBLEMS


Alioto-Pier’s attendance record has also caused her trouble and made her an easy target for political adversaries.

"I see her here on Tuesday afternoons," when the board meets, one City Hall staffer said. "She probably spends a full day here when she has a committee hearing with an item. Beyond that, her office is routinely shut on Fridays."

Alioto-Pier missed 17 of 160 board and committee meetings in 2004 and 2005 — that’s only about 10 percent. But throughout her tenure as a supervisor, she’s attended barely half of the meetings of the San Francisco County Transportation Authority, where each of the supervisors automatically serves as a director, according to an analysis of the $100 payments the members receive for attending meetings.

"I missed Transportation Authority meetings related to the birth of my third child and the complications of that pregnancy," Alioto-Pier told us.

Alioto-Pier noted, as did others at City Hall, that she had health problems in 2006. She was pregnant with her third child, and there were complications. Further, she said, supervisors don’t get time off for maternity.

"All city employees with the exception of members of the Board of Supervisors are allowed to take a four-month maternity leave. I was the first member of the board in the history of San Francisco to give birth while in office. As such, there were no guidelines in place, and I had to place the health and safety of my newborn first," she said.

But for many months in 2004 and 2005, before that pregnancy, she missed all or almost all of the Transportation Authority meetings.

She also missed 16 of 20 scheduled meetings, including three public hearings, during the short time in 2004 that she spent as a director for the Golden Gate Bridge Highway and Transportation District.

Alioto-Pier left the district before her term was set to expire after serving only six months, complaining that she didn’t have enough time for the position. In her resignation letter, she acknowledged that the bridge was adjacent to her district and "given my ongoing commitment to improving waterfront security in San Francisco, I hope in the future I will once again be able to work with you and serve as a director." She never has, but four other supervisors have served on the district’s board for years.

And she’s apparently not too busy to be running a winery in St. Helena. It’s a modest operation, but it has to take some of her time.

WHERE DOES SHE VOTE?


Alioto-Pier’s voter registration history is confusing.

She doesn’t appear to have voted at all in the November 1999 election — at least not in Napa or San Francisco counties — but, curiously, she did vote in that year’s December runoff, when Willie Brown won a second term over Sup. Tom Ammiano.

She cast a ballot as an absentee in Napa County one year later, even though she was registered at that time to vote in San Francisco under the name Michela Angelina Alioto-Pier, public records show. She voted here in November 1998 with the last name Alioto-Pier, but she didn’t marry her lawyer husband until May 2000, county records show.

In 2002 she voted in San Francisco during the primary and general elections under the name Michela Angelina Driscol Alioto, yet she was still registered concurrently under the name Michela Angelina Alioto-Pier.

Alioto-Pier said that she and her husband returned to St. Helena in July 2000 but moved back here in early 2001, reregistering in both places. She added that San Francisco and Napa counties were at that time slow to remove "deadwood" registrations from their rolls.

"Clearly, once one reregisters, the county has the obligation to cancel all previous registrations for that person," she said. Alioto-Pier insisted that she voted in San Francisco’s November 1999 election, but an office attendant at the Department of Elections asserted that the system "says she was eligible but she did not vote."

Her 1996 Republican opponent, Riggs, also castigated her for failing to vote in 1994 and 1995. Alioto-Pier’s explanation, according to press accounts? Her permanent residency wasn’t clear.

"As best as I can recall from the events of a decade ago, I responded to Republican Frank Riggs by saying there was a mix-up with my absentee ballots," Alioto-Pier told us.

She’s listed a string of San Francisco addresses in public records over the past two decades in addition to her St. Helena dwelling. But in 2005 she finally bought the condo on Vallejo Street in San Francisco. She didn’t file for a homeowner’s exemption on the condo in 2006, but neither has she taken advantage of the tax break on her Zinfandel Lane home during any year since 1997, according to property records.

Alioto-Pier said she was unaware of qualifying for the homeowner’s tax exemption. "However, we declare as a deduction the mortgage interest from our Vallejo Street home on our federal tax returns," she said. Taxpayers are permitted to benefit from the deduction on a second residence.

Whispers at City Hall surrounding the time Alioto-Pier spends in St. Helena and away from her District 2 constituents have dogged her increasingly since she replaced Newsom.

But she’s never faced the punishing regimen of banner headlines endured by District 4’s onetime supervisor Ed Jew. He’s also been suspended by the mayor and faces civil charges that he lied to voters about living permanently in the district he was elected to represent.

Alioto-Pier offered a few telling words in a recent robocall to San Francisco voters opposing mandated appearances by the mayor before the Board of Supervisors: "We need to get our house in order before we invite any guests."

Now, which house would that be?

Newspaper editor briefly seized by rationale

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Another of Dean Singleton’s editors has hit the dust. Here’s what Santa Cruz Sentinel editor Tom Honig — who stepped down after more than 35 years — had to say about the matter. For the record, the reporting staff of the San Francisco Bay Guardian couldn’t agree more:

“If I had two wishes, this is what they’d be: that people would stop complaining about hard-working, honest mainstream journalists long enough to appreciate the work they do — and second, that the people could be paid what they’re worth.”

At least an occasional love note from readers would be nice when another day at the office has crept into the wee hours yet again. All newspaper execs — including those at the helm of Singleton’s MediaNews — should be forced to cover a beat or balance several stories at once for at least three months out of each year.

Perhaps then all of the bloodletting would slow. They certainly shouldn’t be paid hundreds of thousands of dollars a year in compensation if the only idea they have for saving the news is to kill the very people who gather it. How unoriginal for an industry that should always be one step ahead.

Civil service bait and switch

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› gwschulz@sfbg.com

Roger Gainey thought he had what it takes to become a supervisor at the San Francisco Juvenile Probation Department.

He certainly met the basic criteria: "May be required to restrain hostile or agitated youth…. Requires ability to work in stressful situations…. Minimum four years of verifiable professional experience as a juvenile probation officer."

Gainey has worked as a probation officer in the department for eight years and received satisfactory performance evaluations from superiors. His big, muscular frame commands attention from people around him, even violent young toughs. But his soft facial features and cool manner seem to convey the thoughtful side necessary to work with directionless teens. "I’ve worked in all of the units," he told the Guardian, "pretty much throughout the whole department."

Most of all, Gainey, an African American, earned the top score on a difficult civil service exam that was offered in March for the first time since Gainey began at the department, beating 24 other applicants gunning for the same promotion.

So why did department managers skip over him and select four other applicants with lower scores on the combined written and oral test?

Alphanso Oliphant, who’s also black, believed he too possessed all of the right qualities to become a supervisor and lead 10 to 12 staffers in this often tense environment. He’s worked as a juvenile probation officer for 21 years and earned the second-highest score.

But he was also passed over for advancement.

Oliphant speaks deliberately, with a soothing voice, his visage distinguished by weary eyes and a slender moustache. He and Gainey wore well-pressed suits and detention center access badges around their necks as we met recently over lunch in West Portal, not far from the department’s central office on Woodside Avenue.

"I’ve had numerous supervisors," Oliphant said. "Not one has ever, ever raised the issue of inability to perform, inability to communicate properly, inability to work with the families. That’s all verifiable."

Gainey’s current assignment involves working with about 40 young people at a Juvenile Probation Department–affiliated school known as the Principal Center Collaborative Campus, where many of the students have drug and alcohol problems and require mental health services.

Oliphant is a court officer responsible for presenting the department’s recommendations for cases appearing on the docket each day — the top task he can perform under his current job classification.

The department first announced the available supervisory positions in January, and three days’ worth of examinations were taken by applicants this spring. But in the week following the test period, a personnel manager for the department named Samuel Kinghorne made an agreement with a union representative from the Operating Engineers Local 3 (who did not return calls seeking comment) to change a long-standing civil service rule reguutf8g how individuals are promoted.

The cornerstone of the city’s civil service system is its merit component. By requiring that applicants for available positions be given exams, the city can ensure that those with the highest qualifications will get the job. The Civil Service Commission here is one of the oldest in the nation, in fact, first formed in 1900 as a response to the entrenched municipal cronyism rampant in cities around the nation, including San Francisco.

For years top scorers on civil service exams were selected for open positions under what’s known as the rule of three. It required managers to promote from among those who earned the highest scores, which surely would have meant new jobs for Oliphant and Gainey.

The rule of three became official city policy in San Francisco nearly 20 years ago, and the concept has existed at the federal level for decades as a way to prevent patronage and favoritism.

At the time the job openings were announced, however, the Juvenile Probation Department was negotiating with Local 3 over an alternative selection process called the rule of the list, which is permitted under city guidelines only if applicants are notified of the change at the time the job openings are announced. The rule change allowed managers — in this case juvenile probation chief William Sifferman — to promote from a much larger group of applicants, including those who had earned lower scores on the exam.

But the change was not agreed on until months later, just after the tests were taken, leading Oliphant and Gainey to believe the department tinkered with the promotion process only after it learned who had made it to the top of the list.

"When a black man is in a position to make that touchdown, the goal line moves," Oliphant said. "The goal line moved here."

Department personnel analyst Barry Biderman, who was involved in the negotiated rule change, says it took months to settle because he was simply having trouble getting in touch with the union. "I had left messages with the union a number of times," he said. "The formal letter just took a while to sign."

Sam Kinghorne, who finalized the change with the union, insisted there was "nothing illegal about that" but mostly refused to comment, pointing to union grievances filed by Oliphant and Gainey. "You guys are barking up the wrong tree," Kinghorne said. "I’m not going to give you a spicy story. But remember that it’s up to the appointing officer to [make the selection]."

That’s true. As long as the rule of the list is in place, the department head can pick whomever he wants for the job from among those who passed the test, narrowly or not. The decision maker was Sifferman, but he called it a "personnel matter" and refused to explain why he selected four people for promotions other than Gainey and Oliphant, including one applicant who scored a 937 to Gainey’s 1060.

"I followed the process as it was described in the job announcements and all of the procedures that were outlined there," Sifferman said.

Carl Bellone, a longtime public administration professor at California State University, East Bay, concedes that the rule of the list may "lend itself to more potential for abuse" than the rule of three.

The trick is finding a balance between a century of civil service rules designed to ensure clean government and the reality that top test scorers may not always be the best candidates. "Ironically, a lot of people wanted to go to the rule of the list for affirmative action reasons," Bellone said. "You can go lower on the list to select a woman or African American."

But the rule of the list can also allow managers and politicians to limit promotions to loyalists who will do their bidding, or exclude those who aren’t afraid to openly criticize an agency’s performance.

"It completely and totally … prostitutes the promotional process," said Gary Delagnes, president of San Francisco Police Officers Association, which has long resisted the rule of the list. "If you give an exam — any exam — and you tell the person that finished number one, ‘We’re not going to give you this promotion, because we don’t think you’re up to the task,’ then what’s the point? You might as well go in alphabetical order."

Regardless of motive, the move by Juvenile Probation Department managers at least looks unseemly, considering Oliphant and Gainey are black (one African American woman was selected; the rest were not black). So each filed a complaint with the federal Equal Employment Opportunity Commission and the San Francisco Civil Service Commission.

The timing of the new selection rule "suggests the change was made solely to give management the ability to exclude certain individuals from promotion and allow other, lower scoring individuals, to [advance]," Gregg Adam, a lawyer for the duo, wrote to civil service officials and the San Francisco Department of Human Resources in August.

The union that agreed to the rule change didn’t even represent Gainey and Oliphant — Local 3’s rank and file are supervisors, the title the men were hoping to attain. Officials at the Human Resources Department looked into the matter but insisted in a report called for by Adam that management had done nothing wrong. The Juvenile Probation Department was unaware of the test results before it changed the promotion policy because its outside consulting firm hadn’t graded them yet, the September report concluded. It also said that the rule of three policy allows for a slightly broader pool of eligibility when more than two positions are vacant.

On the other hand, the report does acknowledge that managers began grading the oral portion of the exams right away. And the list of those who were promoted wasn’t unveiled until August, long after the tests were first administered and all of the scores were in. But "there was no evidence" that the rules were changed in an attempt to discriminate against Gainey and Oliphant, according to the report.

Anita Sanchez, executive officer of the Civil Service Commission, recently finished a probe for her department and told us she believes the Juvenile Probation Department management’s claim that they had no idea who had earned top scores on the test before broadening the list of applicants eligible for promotion.

But Gainey and Oliphant say the experience has soured them on the Juvenile Probation Department.

"A lot of the kids were rooting for me at the [Principal Center Collaborative Campus]…. They were all cheering me on," Gainey said. "Then all of a sudden they found out I didn’t get it. The kids were more hurt than I was." *

BONDS INDICTED

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Fifty-three comments in 20 minutes. Extraordinary. Here’s the original press release from the U.S. Attorney’s Office:

FOR IMMEDIATE RELEASE CONTACT: Natalya LaBauve
November 15, 2007 (415) 436-7055

WWW.USDOJ.GOV/USAO/CAN Natalya.LaBauve@usdoj.gov

BARRY BONDS INDICTED FOR PERJURY ARISING FROM HIS TESTIMONY IN THE BALCO INVESTIGATION

Indictment also includes charge of obstruction of justice.

SAN FRANCISCO – United States Attorney Scott N. Schools, Special Agent in Charge Scott O’Briant of the Internal Revenue Service Criminal Investigation and Special Agent in Charge Charlene Thornton of the Federal Bureau of Investigation announced today that a federal grand jury in San Francisco indicted Barry Lamar Bonds, age 43, of Beverly Hills, California, on November 15, 2007, with four counts of perjury, in violation of 18 U.S.C. § 1623(a), and one count of obstruction of justice, in violation of 18 U.S.C. § 1503(a).

Bonds is charged with knowingly and willfully making false material statements, regarding his use of anabolic steroids and other performance-enhancing substances, while under oath during his testimony before the federal grand jury that was conducting the investigation into the Bay Area Laboratory Cooperative (“Balco”), and with obstructing justice in the same investigation. A copy of the indictment is attached to this press release.

The penalty for perjury is up to five years imprisonment and three years of supervised release. The penalty for obstruction of justice is up to ten years imprisonment and three years of supervised release. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.

Bonds is scheduled to make his initial appearance before United States Magistrate Judge James on December 7, 2007, at 9:30 a.m. in San Francisco.

An indictment contains only allegations against an individual and, as with all defendants, Mr. Bonds must be presumed innocent unless and until proven guilty.

Matt Parrella, Jeff Nedrow, and Jeff Finigan are the Assistant U.S. Attorneys who are prosecuting the case. The prosecution is the result of an investigation by the Internal Revenue Service Criminal Investigation and the Federal Bureau of Investigation.

Electronic court filings and further procedural and docket information are available at https://ecf.cand.uscourts.gov/cgi-bin/login.pl.

Judges’ calendars with schedules for upcoming court hearings can be viewed on the court’s website at www.cand.uscourts.gov.

All press inquiries to the U.S. Attorney’s Office should be directed to Natalya LaBauve at (415) 436-7055 or by email at Natalya.LaBauve@usdoj.gov.

Behind the Bey empire

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Editor’s Note: The Chauncey Bailey Project, a collaboration of local media outlets including the Guardian, is investigating the circumstances surrounding the Aug. 2 murder of Bailey, an Oakland journalist who was reporting on the financial dealings of the Bey family’s Your Black Muslim Bakery at the time he was killed. For more information, including audio, video, and updates on the case, click here.

Since 2003, Esperanza Johnson, a former key figure within Oakland’s Bey organization, and her husband, Antron Thurman, have acquired nearly $2 million worth of East Bay real estate through a string of controversial deals tainted with allegations of deceit.

In five cases those deals led to litigation. Johnson, of Antioch, who also goes by the name Noor Jehan Bey, has twice been accused of fraud. Court records indicate that one of those transactions involved falsified documents.

One sale involving Johnson, a licensed real estate broker, led to criminal charges: Alameda County prosecutors in 2006 convicted a Johnson associate on fraud charges stemming from a deal that cost an East Oakland couple their home.

A broad array of characters have tangled with Johnson and Thurman in court, including a disabled Berkeley bus porter forced from his family home, an Antioch couple now facing foreclosure, and East Bay Habitat for Humanity, a nonprofit organization that builds homes for the poor and struggling. Combined, they claim to have lost at least $1.77 million in property, cash and equity in the deals.

The revelations about Johnson and Thurman come as authorities scrutinize the extensive real estate dealings of the Bey family and their bankrupt business, Your Black Muslim Bakery, including Johnson’s role as the broker for an Oakland woman named Paulette Arbuckle who is attempting to buy the bakery’s San Pablo Avenue headquarters. Johnson bore four of the Bey family patriarch’s dozens of children.

Bakery CEO Yusuf Ali Bey IV, 21, jailed without bail on kidnapping and torture charges, also is charged with real estate fraud: prosecutors say he bought an Oakland property under a false identity.

And bankruptcy trustee Tevis Thompson, who is overseeing the liquidation of Your Black Muslim Bakery’s assets, has claimed in court papers that Bey IV transferred $2.28 million in bakery properties to his mother, Daulet Bey, in a bid to “defraud creditors.” The trustee has sued for those properties’ return.

Devaughndre Broussard, a 20-year-old bakery associate, is charged with the Aug. 2 shotgun slaying of Oakland Post Editor Chauncey Bailey as he walked to work in downtown Oakland. Police say Broussard made a confession – later recanted – that he killed Bailey because the journalist was working on a story about the bakery’s finances and bankruptcy case.

Johnson, whose state business registration was suspended more than a year ago for failure to pay taxes and who with Thurman has more than $1 million in state and federal tax liens recorded against them, didn’t return numerous telephone calls and emails, and didn’t answer the gate at her Antioch home on two recent occasions.

Thurman refused to speak to reporters who approached him recently in Oakland.

A Los Angeles real estate consultant who reviewed Johnson’s transactions for the Chauncey Bailey Project said the trustee and judge handling the bakery’s bankruptcy should examine Johnson’s record.

They “should be made aware that a realtor on a transaction which requires the trustee’s approval has a murky… background,” said Eric Forster.

The attorney for the court appointed bankruptcy trustee charged with liquidating the bakery said Johnson’s transaction history would be probed.

“Obviously it is of some concern to us and we’re looking into it,” Eric Nyberg, attorney for trustee Tevis Thompson, said when informed of the cases.

He also noted that Arbuckle may not, in the end, be the highest bidder for the bakery. A hearing on her offer is scheduled for Nov. 29. If the $899,999 bid of Johnson’s client, Arbuckle, is successful and Johnson is “entitled to receive the commission, then we really don’t have an issue with it,” Nyberg said.

A spokesperson for the state Department of Real Estate, Tom Pool, wouldn’t discuss the Johnson and Thurman transactions.

Machado

Markus Machado and Gail Mateo said that when they wanted to buy a newer and bigger home in 2005, they went to a real estate broker they thought they could trust: Esperanza Johnson.

A Compton native, Johnson became involved with the Bey organization, a spin-off of the Nation of Islam, at the age of 12, taking the name Noor Jehan Bey.

She’s returned to using the name Esperanza Johnson, though she’s been listed in judgments against her by banks and credit-card companies as Nellie Bey, Nuri Bey, Noojean Bey and Noor Jehan Esperanza, a review of records by the Chauncey Bailey Project shows. And, in 2005 testimony, she said she still occasionally uses the name Noor Jehan Bey.

Johnson had hired Machado, a graphic artist, to create flyers for her Signature One Mortgage and Real Estate.

In a recent interview at his lawyer’s office, Machado described her as warm and gregarious – at first, anyway. Machado said Johnson arranged what seemed like an incredible deal: the couple could sell their 50-year-old Pittsburg house and move into a spacious four-bedroom home in a verdant Antioch subdivision, an ideal place to raise their three children and grow old together.

Johnson promised they’d pay about $1,600 a month for the new home, only a little more than their mortgage at the time. Machado said Johnson even agreed to forgo her usual commissions “because we were like family.”

They said Johnson had told them their credit was poor, and talked them into selling their Pittsburg house to one of her employees, Araceli Moreno, for $350,000 while putting the new home and mortgage in Moreno’s name as well. They expected to refinance the loan in about a year, when Moreno would sign the house over to them.

It seemed perfect – until the bills arrived.

The payments were $2,700 a month and soon ballooned higher, they now say in court records. And then Johnson – who in sealing the deal had diverted almost $58,000 of equity from their old home to others, and had won large commissions for herself by getting them an unfavorable mortgage – stopped taking their calls, Machado said as his wife sat next to him weeping.

The couple had trouble making the payments almost immediately and Moreno began receiving calls from the mortgage company. She sued Machado and Mateo last year.

“The point of (Moreno’s) lawsuit was to get them to refinance to get my client’s name off the loan and for her to go ahead and salvage what of her credit picture she could,” said Moreno’s attorney, Richard G. Hyppa of Tracy.

The couple counter-sued in November 2006, naming Moreno and Johnson as defendants, claiming that Johnson defrauded them. They are now months behind on the payments and stressed to exhaustion.

“I don’t sleep. Gail doesn’t sleep,” Machado said. “I was very naive. We were led down this primrose path because I trusted (Johnson) implicitly.”

After paying off what they owed on the Pittsburg house, about $190,000 was left over that should have been used for the down payment on the Antioch house. But the suit alleges that Moreno used only $77,973 toward the down payment.

Meanwhile, court records say Johnson arranged for another $10,000 to be paid out to Moreno, and for someone named Harry Hawkins to get $45,830 as “repayment of loans.” Machado’s lawyer, Ken Koenen, said attempts to locate Hawkins have been fruitless.

The suit also claims Johnson structured the Antioch mortgage so monthly payments would increase dramatically after a year, and so Machado and Mateo would have to pay an $18,000 penalty in order to refinance – thereby earning her a much larger commission.

Machado and Mateo now are several months in arrears on the mortgage in Moreno’s name. Default notices have arrived at the house.

“It’s an extremely painful thing,” Machado said. “We have been robbed of our peace of mind. We have to make decisions about whether to put food in the refrigerator or gas in the car. We’ve not even sure we’re going to have a place to live.”

Johnson hasn’t responded to the couple’s lawsuit and will likely be subject to a default judgment, Koenen said.

Chicago D&P
Johnson and Thurman in 2004 acquired a Hercules home after a federal judge had ordered it frozen as an asset of an investment company, Chicago D&P, that the U.S. Securities and Exchange Commission had accused of fraud.
The property was supposed to be sold to help pay back investors – reportedly including at least 30 active-duty Marines and several churches – which had been cheated out of millions through Chicago D&P’s pyramid schemes.
The daughter of the company’s president had bought the property years earlier using a straw purchaser – a friend with better credit – as a front, according to court records.
That friend had been trying to get her name off the title for some time, and the daughter’s attorney – Githaiga Ramsey, who also worked for Thurman and Johnson on another case – persuaded her to sign the house over to them. Records shows Ramsey offered the friend $20,500 to complete the transaction but that the payment was never made.
The transfer of the house occurred after U.S. District Court Judge Charles Breyer ordered the property frozen. Thurman then turned around and sold it a month later to one of the employees of his bail bond business, Jamie Bonilla, for $460,000. Johnson filed Bonilla’s loan application.
Most of that money appears to have eventually gone to pay mortgages against the property when Thurman and Johnson acquired it for free. But first, Thurman received $60,213 from the deal’s escrow; and Ramsey got $31,000.
It remains unclear who lived in the house after Bonilla bought it.
Stephen Anderson, the receiver representing Chicago D&P’s bilked investors, wrote in April 2005 that he believed Johnson’s daughter, Nisa Bey, had lived there.
Other documents show Madeeah Bey – another mother to several of patriarch Yusuf Bey’s children – used it as her mailing address in two December 2004 real estate deals.
It’s also unclear whether Thurman and Johnson knew of the court order freezing the house when they took possession of it. But in February 2005 Breyer held Ramsey in contempt of court for defying his order.
Ramsey and Thurman both repaid the money they received from the escrow when Thurman sold the house to Bonilla.
Bonilla, within a few months, then sold the house for $625,000 – a profit of $211,690 from a property that the receiver had originally wanted to sell to help repay the defrauded investors.
Anderson said a long legal battle to regain title to the house would’ve been too costly.
“We made an economic decision,” he said. “The objective of the receiver is to return as much money as possible back to the investors, and it was not difficult to determine we were going to get more money” by taking the $91,000 from Thurman and Ramsey than by “trying to unscramble that whole mess.”
Ramsey, who surrendered his law license while facing disciplinary charges from an unrelated case, wouldn’t discuss this case or others in which he was involved with Johnson and Thurman.
“My God, am I never going to get away from this?” he said. “I’m not involved and I don’t want to be. I’m not in contact with these people anymore.”
Bonilla could not be located.
Habitat for Humanity house
Antron Thurman married a woman named Sharon Clements in December 1987. Records show they separated seven months later and eventually filed for a divorce that was never made final.

In early 2000, Clements, as a single mother, moved into a home on 105th Avenue in Oakland built by the low-income housing nonprofit East Bay Habitat for Humanity. It gave Clements a no-interest $112,000 loan with no down payment.

Clements died in April 2003, leaving no will. Usually either there’s a clear legal inheritance, or else the nonprofit passes the deed to someone qualified for low-income aid, executive director Janice Jensen said. But Clements’ son was still a minor.

Clements’ home stood vacant for three years while her estate was sorted out in Alameda County Probate Court.

Then, in mid-2006, Thurman argued he was entitled to the low-income property as Clements’ surviving spouse, records show – even as he listed his address as Johnson’s Antioch home, and other records showed that in the previous few years he had bought and sold in excess of $1 million in East Bay real estate.

“Frankly, I didn’t even know about Mr. Thurman,” Habitat’s Jensen said. “I had no idea who he was or that he even existed until the attorneys got involved. When we looked at the deed, she was the only signature, so she bought that home herself.”

Still, Alameda County Superior Court Judge Marshall L. Whitley awarded Thurman the house, which had restrictions in place to preserve its affordability for low income people.

Thurman then sold it back to Habitat for Humanity for the $13,500 in equity that had accrued during the three years Clements owned it.

Alana Conner, an attorney for Thurman at the time, said she couldn’t independently recall details of the case and declined to discuss it.

Stewart

Mitzie Peters befriended Brandy Stewart in 2001, studying the Bible with her eventual victim, court records say.

Peters persuaded the cash-strapped AC Transit bus driver to deed the home at 1565 77th Ave. – which Stewart had inherited from her mother, and in which she, her husband and her three children lived – into Peters name and use Peters’ credit to get an equity loan. Peters promised to return the deed after a few days, keeping $12,000 from the loan as a fee.

“She said that because she loved me so much, she would never, ever think about doing this for anyone else, but she would help me to get the house refinanced,” Stewart would later testify.

Stewart deeded the house to Peters on March 11, 2003. But rather than sticking to the deal, Peters drained the property of all equity and gave nothing to Stewart, court records show.

Peters couldn’t have conducted the transaction without Johnson and her family.

As Peters’ broker, Johnson submitted a series of loan applications reporting Peters’ income as increasingly higher until the bank accepted the deal; she also allegedly coached Stewart in writing to the title company and falsely claiming Peters was her cousin.

Johnson’s sister, Ruquayya Jasmine Pennix, prepared Peters’ tax returns to send to the loan company, showing self-employment income that Peters later admitted was bogus; it’s unclear if Pennix knew that at the time.

Another of Johnson’s sisters – Fatima Ismail, who worked in Johnson’s office – drew up a phony lease showing Peters had derived rental income from Stewart’s house, according to court records.

Three months after she took title to Stewart’s house, Peters sold it to one of Johnson’s sons, Amir Bey. Under oath, Amir Bey later admitted he was just a straw buyer for his mother.

When arrested and charged with unrelated public benefits fraud, perjury and grand theft in July 2004, Peters made bail with Thurman’s Sinbad’s Bail Bonds.

As investigators also began probing her real estate activities, Peters gifted her Hayward condo to Johnson’s daughter, Nisa Bey, who sold it a month later for about $400,000.

Peters then lived with Nisa Bey in Pittsburg until going to prison. Because her bail had been secured with the condo, Thurman later asked a judge to exonerate the bail and return more than $50,000 – to Nisa Bey.

The Alameda County District Attorney’s office interviewed Johnson, Thurman, and their attorney, Githaiga Ramsey – who had represented Peters until just two months earlier, and who had just arranged the Chicago D&P deal for them – in September 2004.

“Johnson seemed evasive when questioned about irregularities in the loan and application process,” inspector Paul Wallace wrote in court papers.

But Johnson wasn’t charged.

“We didn’t think we could prove the case against her beyond a reasonable doubt,” Deputy District Attorney Alyce Sandbach said. “We didn’t have enough to make her on a case of fraud… of having made knowing misrepresentations.”

Among additional charges filed against Peters in November 2004 was a felony grand-theft count for equity and title to the Stewarts’ home; she pleaded no contest to that and 15 other, unrelated counts a year later, and was sentenced in February 2006.

The Stewarts got the $50,374.10 bail money Thurman had tried to direct to Nisa Bey. A judge in January ordered Peters to pay $486,083.90 in the Stewarts’ civil lawsuit, but they haven’t seen a dime, their lawyers say.

Amir Bey and Johnson tried to evict the Stewarts, court documents show, but backed off when the couple obtained free legal help.

The Stewarts then sued Johnson, Peters and Amir Bey; Johnson eventually offered to deed the house back to Stewart, but with the equity drained, the Stewarts couldn’t afford the higher mortgage payments.

A judge in September 2006 ordered Johnson and Amir Bey to pay the Stewarts $100,000 – $20,000 up front and $1,667 per month for 48 months.

Rebecca Saelao, the Stewarts’ attorney, said this civil judgment became a lien on the house, and was subordinated to massive mortgages Johnson and Amir Bey had taken on the property and eventually defaulted on. The house was sold at auction last year for $80,900, public records show.

The Stewarts got only about $5,000 from the sale of the home they’d lost. They no longer live in the Bay Area, and couldn’t be reached for comment.

Taylor

Wrapped in a thin, sea-green blanket, Donald Taylor lay in a narrow bed at a Stockton nursing home recently, his frail 61-year-old body ravaged by diabetes and hypertension. His wheelchair was parked at his bedside, a walker he wants to learn to use, a few feet away.

Taylor is broke and relies on Medi-Cal, the state insurance program for the indigent, to bankroll his care and board at the Elm Haven Care Center.

His room is dingy and, fluorescent-lit with peeling blue wallpaper and a television, foil wrapped around its rabbit-ear antennae, issuing forth static-filled sound. He spends his days “just doing nothing.”

He said he wonders what his life might be like now if he never encountered Antron Thurman. “I think about it quite often, but there’s nothing I can do… I think about how they took the house from me,” Taylor said haltingly in a soft, gravelly voice that contained little emotion.

In the 1950s Taylor’s parents bought a cozy two-bedroom home on a tree-shaded street in north Berkeley. He grew up there and lived there still as an adult, while working as a bus-station porter. When his parents died, he and his sister, Loretta Alexander, inherited the house; the mortgage was paid off.

In early 2001, according to interviews and court documents, stepbrother Frederick Myers Jr., approached the siblings with a plan: He would help them form a company to manage the house and another property they had inherited, an undeveloped Lake County parcel.

Myers asked them to transfer the two deeds to the new corporation, which he would helm for them. Taylor said he agreed at his sister’s urging, believing the three of them could profit from development of the Lake County parcel.

But Myers suddenly sold the Berkeley house to Thurman, pocketed hundreds of thousands of dollars and disappeared, court documents say, catching Taylor and Alexander completely off guard.

“I felt I had been cheated,” Taylor said, adding that he believes Thurman and Myers worked in concert. “Fred Jr. took the house and sold it to (Thurman) and it’s been downhill ever since. He sold it out from underneath us.”

Myers could not be located. Thurman, asked if he remembered Taylor, refused to answer as he climbed into a Cadillac Escalade outside a home in the Oakland hills.

Alexander’s son, Tony Cole, expressed disgust at the way his mother and uncle were played. “That property slipped right out from underneath them,” he said in a phone interview. “They didn’t have the business sense to know what was going on.”

Taylor and Alexander in 2004 sued to reclaim the house. Myers never appeared in court, but Thurman – represented by Githaiga Ramsey – responded by filing his own suit, claiming he had legitimately bought the property for $374,388 and demanding that Taylor pay $1,500 in monthly rent or get out.

Taylor and Alexander eventually settled the case for $55,000; it took Thurman 10 months to pay them, court records indicate. Taylor’s attorney, Frederic Harvey, refused to discuss the case.

The two-story, beige stucco house with a large garage has steadily appreciated in value. Public records show Thurman sold it in 2004 to Madeeah Bey – the same relative who used the Chicago D&P house in Hercules as her address – for $520,000; she sold it for $850,000 less than a year later. The house is now assessed at $867,000.

Alexander died last year. Taylor lost most of his possessions including photos of his mother when he left the property.

“I’d like to tell him to go (screw) himself,” Taylor said of Thurman, his legs twitching quietly under the blanket.

University of California Berkeley Graduate School of Journalism students Lisa Pickoff-White, Robert Lewis, Nick Kusnetz, Vianna Risa Davila, Marnette Federis and Lucie Schwartz contributed to this story.

Thomas Peele and Josh Richman are staff writers for the Bay Area News Group; A.C. Thompson is a free-lance reporter working for New America Media and Bay Area News Group-East Bay; Bob Butler is a freelance reporter and president of the Bay Area Black Journalists Association.

Dead town

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› gwschulz@sfbg.com

Every reporter assigned to the Castro on Halloween knew right away that the story was, in fact, the nonstory.

There were no outlaws. No shootings or stabbings as in the past. There weren’t even many of the scumbag bridge-and-tunnelers police feared most. The mayor’s plan worked: two decades of fun in the Castro on Halloween died in 2007.

"People are leaving in droves," one man said into his cell phone around 10:30 p.m. "We can’t drink."

By that point the San Francisco Police Department could count the total arrests on one hand. A few people were cuffed for public intoxication. One man had outstanding warrants. Another jaywalked. Department spokesperson Sgt. Neville Gittens — not someone reporters know as typically cheerful — was in a startlingly good mood.

"There aren’t enough people out here to urinate or defecate anywhere," Gittens told the Guardian that night while standing near a cordoned command and control center the city had planted at 18th and Collingwood streets. "You can see the streets. They’re pretty empty. They’re pretty quiet, and we’re very thankful for that. What we set out to accomplish as far as discouraging this party, so far it seems like it’s working."

The Mayor’s Office, in fact, called the night "an incredible success." Nathan Ballard, the mayor’s press spokesperson, added, "We are pleased with the way Halloween turned out this year. [Police] Chief [Heather] Fong did an excellent job of keeping the peace, and Sup. [Bevan] Dufty deserves praise for showing real leadership and representing the interests of his district."

But that success came at a cost — the Castro on Halloween night was under the tight control of a massive contingent of police. Barricades blocked the streets. Cops kept revelers (and anyone else who happened by) from setting so much as a toe off the sidewalk.

While the crowd totaled just a fraction of what has appeared in years past, Gittens said well over 500 law enforcement personnel were assigned to the area, including officers from the probation department, the BART Police Department, the Sheriff’s Department, the California Highway Patrol, and the federal Bureau of Alcohol, Tobacco and Firearms.

Even the San Francisco Chronicle, an institution that hardly embodies unbridled countercultural fun — deemed the law enforcement preparations "almost militaristic."

The tab for all of that police presence — and for the lost tax revenue from bars and restaurants and the hit to the tourist industry — will almost certainly run into millions of dollars.

At times members of the media even appeared to outnumber partygoers. When an ambulance and two vans from the Sheriff’s Department began backing into an alley between Market and Castro, a camera operator and a reporter rushed to the scene. It was nothing, it turned out. Just a woman splayed out drunk next to a Dumpster.

SMALL BUSINESSES UNHAPPY


The last-minute announcement of the shutdown of the BART station at 16th and Mission streets, Gittens said, probably did the trick more than anything else. But that decision enraged some business owners, who told us they were worried that fewer transit riders would threaten revenue during what is usually a profitable holiday.

"Small business is the heartbeat of San Francisco, and the Mission district itself endures enough difficulties on a regular basis," Jean Feilmoser, president of the Mission Merchants Association, wrote in a community e-mail Oct. 30. "To cut off the arm that feeds the economic engine on one of the busiest nights of the year is cruel and unusual punishment."

The dramatic transit shutdown earned harsh criticism from two local officials, BART board member Tom Radulovich and District 6’s Sup. Chris Daly.

"Transit riders have been unfairly singled out in the city’s War on Halloween, and BART’s proposed closure is an insult to the community [that]
relies on 16th Street Mission Station," the two wrote in an Oct. 30 letter condemning the move. "People and businesses that depend on BART and Muni will have their mobility compromised by this campaign to suppress the Halloween celebration in the Castro."

Alix Rosenthal, who lost a board challenge to Castro district Sup. Bevan Dufty in 2006, was appalled by how little the public knew about the Halloween plans in advance. Rosenthal helped found Citizens for Halloween, a group that argued revelers would show up despite city hall’s insistence that the event be cancelled this year.

"I think it was really great they were able to keep the Castro safe," Rosenthal said. "But at what cost? The cost of fun. The cost of Halloween. The cost of transit riders. The cost of merchants."

Several businesses — including sex shops, bars, and restaurants — relented to pressure from the city and closed early. Officers clad in riot helmets and zip cuffs filled the entryways, seeming to overshadow civilians and bored-looking TV reporters.

The Edge bar at 4149 18th St., Osaki Sushi around the corner, the Posh Bagel, Chinese Dim Sum, the Sausage Factory, and even Twin Peaks, a bar that stands at the northeast entryway of the Castro and normally serves as a sort of de facto welcoming committee for the neighborhood, were shuttered. The restaurant A Bon Port at 476 Castro stood dark with a chalkboard sign in the window: "Out cruising," it read hopefully.

San Francisco Badlands, one of many Castro bars owned by area entrepreneur Les Natali, closed at 10 p.m., and two perturbed-looking private security guards in orange vests informed loiterers that they weren’t allowed in any longer. Harvey’s (on the southwest corner of 18th and Castro streets) remained open, but there were few people inside.

THE EAST BAY CROWD


The folks who braved the police and the lack of transit tried to liven things up. Just south of the Castro Muni station, two friends protested with signs reading, "Don’t tell us what to do — we’ll come if we want to." One of them, Erik Proctor, splits his time between the East Bay and San Francisco and said residents who move to the neighborhood should expect rambunctious annual celebrations.

"Partly why I’m out here is because last year they said people from the East Bay were the problem," Proctor said. "I represent the East Bay also. I come over here to have a good time. I don’t come over here to cause problems."

With the crowd under control, the cops had plenty of time to chat about their paychecks. "Are you on OT?" one officer standing south of 18th Street casually asked another.

"I think so," he responded.

"Well, that’s good."

A handful of costumed celebrants graced filled the sidewalks, but there was still plenty of breathing room, and traffic moved swiftly and easily along Castro Street, which was lined with steel barricades. One step into the street would elicit a hand on the chest and a hasty warning from a police officer: "Back on the sidewalk."

A handful of men went near-commando in little more than elastic thongs, but few people were shocked, and most of the costumes were far from scandalous. One woman dressed as a bag of groceries from Trader Joe’s.

Among the people most directly impacted were foreign tourists — the very folks the city spends money to attract every year. Activists walking through the Castro and interviewing people found visitors from 19 countries who had come to see the legendary celebration. Most walked away disappointed; they won’t be back next year.

THE BACKLASH


At least one business that stayed open felt a bit of official pressure. Koch Salgut, who owns Ararat on 18th Street, didn’t close early, even though he was repeatedly asked to do so.

"I kept it open because I was against" the shutdown, he told us later. "All the merchants rely on the business."

To his surprise, he got a visit that night from the San Francisco Fire Department. The inspectors told him he didn’t have permits for the candles on his tables.

"This is the second business I’ve had. I never heard there was a regulation against candles," Salgut told us. "The Fire Department gave me a little hard time. It wasn’t threatening, but it was an ugly situation."

Salgut has no doubt what was going on: "They were trying to give me a hard time because I was open, I didn’t close."

Calls to the SFFD seeking comment were not returned by press time.

John Lewis, a bartender at Moby Dick on 18th Street, wasn’t working Halloween night, but he lives in the neighborhood — and when we talked to him Nov. 1, he told us he wasn’t at all happy about what went down. The city had promised to fix the problem, he told us — not shut down the entire event. He complained that local bars were asked to close early and then reminded that they could be cited for exceeding occupancy regulations, for public displays of drunkenness, and for open containers on the street. Halloween has traditionally been the one time of year when the city doesn’t strictly enforce those rules.

Dufty has taken credit for shutting down the party and keeping the city’s plans for security under seal, but he admitted Oct. 31 to the Chron‘s gossip hounds, Matier and Ross, that next year’s event could look different. It’ll be on a Friday.

Police Commission president Theresa Sparks said she’s been told the event cost the city half what it did last year, including overtime for law enforcement, but she still hadn’t received dollar figures when we reached her Nov. 1. She had been skeptical that the crowds could be contained, considering that the city’s scheme was simply to announce that there would be no party. "But I think it was extremely well coordinated…. It went off better than expected." But she still believes planning should have begun far sooner. Police Chief Fong will give the commission a report about Halloween on Nov. 7.

So is the answer to shut down the Castro every year? No, Sparks said, but Halloween has to be made into "a citywide celebration, not just a neighborhood celebration."

Steven T. Jones and Sara Knight contributed to this story.

Dean Singleton still hates your stupid union

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The Denver Post, flagship paper for Dean Singleton’s MediaNews chain, went on a blinding-mad rampage against Colorado’s governor in a rare front-page editorial Nov. 4.

If there was any doubt in your mind that Dean “Pinkerton” Singleton hates labor unions, this should be enough to dispel it right away. In a 2003 profile of Singleton that appeared in the Columbia Journalism Review, Scott Sherman explains that Singleton receives regular calls from the Post‘s editorial-page editor to finalize the paper’s opinion pieces before going to press.

But placing Singleton’s deep animosity toward labor unions on the front page would make even William Randolph Hearst blush. Perhaps we shouldn’t be surprised that they share similar qualities.

In the editorial, the Post decries Colorado Gov. Bill Ritter as “a toady for labor bosses” and “a bag man for labor unions.” Ritter signed an executive order Nov. 2 giving unions that represent state employees official recognition and bargaining powers covering such crazy bullshit Communist principles like improved health care, wages and workplace safety.

A news story that ran in the Post shortly after the announcement implies bargaining will be a bad deal for state workers, and another suggested bidness would flee the state as a result of the decision, a common refrain from anti-union factions.

According to the editorial:

“When Coloradans elected Bill Ritter as governor, they thought they were getting a modern-day version of Roy Romer, a pro-business Democrat. Instead, they got Jimmy Hoffa. Ritter campaigned under the guise of a moderate “new Democrat” but now we know he’s simply a toady to labor bosses and the old vestiges of his party — a bag man for unions and special interests. The governor on Friday unveiled his plan to drive up the cost of doing business in Colorado by forcing collective bargaining on thousands of state employees. We’re concerned this may be the beginning of the end of Ritter as governor.”

Singleton’s MediaNews empire snapped up nearly every major newspaper in the Bay Area except the Chronicle last year in a complex series of buyouts. The union representing Oakland Tribune employees has since charged Singleton with trying to stamp out guild representation there.

American Journalism Review decries Chronicle as vile cesspool of incomplete chores

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Remember last year when Business Week, in a cover story about Digg.com, described our offices as “grungy,” and several major arteries located in the neck of our boss, Bruce Bruggman, nearly exploded? They also hilariously misidentified us as the SF Weekly.

The lack of imagination in American journalism makes for strange bedfellows, it turns out. In their August/September issue, the American Journalism Review described the Chronicle‘s offices downtown off of Fifth and Mission streets the same way, actually using the word “grungy.”

Christ, assholes, do we really come off as that unkempt? Phil Bronstein didn’t make his bed this morning, and I forgot to shave down south. Perhaps the glossies could teach us all out here on the Left Coast a thing or two about obsessive compulsion.

Or, they can loosen their ties and get a life. Either way, if they saw how neatly organized my cubicle was, they’d find a better adjective. My filing system would give even Jann Wenner an erection.

41st Anniversary Special: Private practice

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› gwschulz@sfbg.com

Low-income tenants cheered late last year when the San Francisco Department of Public Health ended its housing contract with the John Stewart Co. But no one expected the alternative would be a secret $5 million deal between DPH officials and a preferred vendor.

In fact, the DPH has opened a new chapter in privatization by creating a dubiously accountable, quasi-independent nonprofit while paying someone else to operate it with a sole-source contract.

The health department leases several single-room-occupancy hotels in San Francisco that house mental health and substance-abuse patients through a program called Direct Access to Housing, part of a laudable nationwide trend toward deinstitutionalizing such medical clients and changing how the formerly homeless receive services.

The Camelot on Turk Street and Le Nain on Eddy Street were among those managed by John Stewart until last autumn. Mercy Housing oversaw two more. But there were problems; tenants complained about the Stewart company’s management, and political organizers last year charged that desk clerks at some of the buildings prevented them from registering tenants to vote.

"If you’re part of a larger company that just sees themselves as a more generic property-management company," said Marc Trotz, director of the health department’s housing office, "there isn’t necessarily the training and skills development that needs to be there to handle the complexities that come up on a daily basis with the population we’re dealing with."

So the health department’s answer was to broker an exclusive $5 million contract with a nationwide nonprofit based in San Francisco known as the Tides Center. Tides doesn’t do any of the heartwarming outreach we tend to associate with nonprofits. Instead, the outfit handles the boring administrative functions like payroll and human resources for community projects created by others.

The project in this case is Trotz’s brainchild Delivering Innovation in Supportive Housing, which essentially exists as a nonprofit only on paper. There’s no board of directors. There are no federal tax forms outlining expenses and revenue. And Tides doesn’t itemize projects like DISH in its annual financial statements. So there’s no easy way for the public to track the money that goes into the project.

Yet DISH has so far never been forced to compete for property-management contracts like any other nonprofit wanting to do business with the city. That means the DPH gets the best of both worlds, paying someone in the private sector to manage its books and not having to subject its pet project to the competitive atmosphere of contract bidding.

Further, since Tides is technically the employer of record for DISH’s 60 or so employees, they exist in an ethereal world where they don’t fall under the city’s salary and benefits structure, but unions can’t reach them unless they’re willing to organize all 200 projects managed by Tides nationally.

Needless to say, none of this is sitting well with the nonprofits and unions that insist they weren’t informed of the plan until it was off and running.

"I feel like at union nonprofits, the turnover’s much lower, the training’s higher, and if a manager is abusing a tenant, for instance, a union worker can make a complaint to a city agency, write them up, do something without being afraid for their jobs," said Sarah Sherburn-Zimmer, a former organizer for the Tenderloin Housing Clinic. "And we just give better care."

The THC, whose workers are represented by Service Employees International Union Local 1021, says it was never formally invited to bid on DISH, despite the fact that it does extensive work with the city and manages more than 1,500 units of low-income housing.

"All they had to do to find out was send a letter or call us…. The fact that they made the effort to set up their own entity kind of shows that’s what they wanted to do," THC director Randy Shaw said.

The Tides contract so annoyed Board of Supervisors president Aaron Peskin that he drafted a resolution pointing out that Mayor Gavin Newsom signed an executive order in 2004 calling for maximum competition in city contracts.

"This Board of Supervisors has been on record for years in wanting to make sure contracts are competitively and fairly bid," Peskin told the Guardian. "This whole thing seems rather bizarre. The government was in essence contracting with itself."

The health department’s Trotz dismisses this criticism, saying sole-source contracts were designed in the first place to allow for agreements like the Tides deal, which he calls a pilot project. Next time, he promises, the department will open the contract to bids. Trotz added that Tides is responsible if a DISH employee screws up, and it faces an annual monitoring probe by DPH staffers, just like any other contractor.

"I know now that THC and the union seem to be upset by this," Trotz said. "What we’re saying is we’ve heard that and we are doing what we always intended to do, which is run a two-year pilot and put a [request for proposals] out on the street and ready for people to apply to prior to the start of the next fiscal year."

Of course, no one’s suggesting Tides and DISH will necessarily do a poor job handling supportive housing. Shaw said lefties were the first to argue nearly three decades ago that nonprofits could address public health much more sensitively than did Dianne Feinstein’s mayoral administration of the 1980s. Last year the health department did $174 million worth of business with nonprofits. While unions have been slow to organize nonprofits, the trend is growing, but Tides and DISH seem structured to stiff-arm them when covert, sole-source contracts haven’t done that already.

"This obviously was a secret decision," Shaw said. "[The DPH] never consulted with anybody. They just did it. I don’t want to comment on the health department beyond what I’ve said. But this experience has left people very cynical about dealing with the health department [and] the way they handled the whole thing."

41st Anniversary Special: Psych out

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> gwschulz@sfbg.com

San Francisco is a beautiful place. But it’s also a city where an extraordinary number of people suffer from mental health problems, sometimes quietly, sometimes visibly. City government has always taken on the burden of caring for those who really need it, but the Gavin Newsom administration has been trying to outsource that obligation in recent years.

Department of Public Health director Mitch Katz has tried for years to trim the number of psychiatric-care beds maintained by San Francisco General Hospital. He proposes to replace those services by contracting them out to local nonprofit Progress Foundation, which earned most of its $11.5 million in revenue last year from government sources.

The proposal is for Progress to develop and operate a community-based psychiatric treatment center as an alternative to SF General’s emergency-room and inpatient beds. A key difference would be that the alternative treatment would be voluntary and cater to those without severe symptoms.

Katz wants to eliminate 14 of SF General’s beds and reduce the number of patients it assesses by 30 percent. Add to that seven other beds that were stripped of funding two years ago, and it’s clear that mental health treatment in San Francisco is changing.

"It’s a problem we have to solve by coming up with alternatives," Katz told the board’s budget committee Oct. 10, "because it’s not right for that person, or for the cost to the system, that [they] be in a locked ward. It’s more downstream alternatives."

Opponents of the cuts, however, including psych nurses at SF General, led by the hospital’s chief of psychiatry, say the Progress proposal might complement SF General’s services but it would be dangerously shortsighted to think it can replace them.

Private-sector hospitals in San Francisco have already cut a combined 100 psych beds over the past 10 years, leaving behind only 75. Patients relying on Medi-Cal subsidies end up at SF General more than ever. Admissions, in fact, have climbed by as much as 50 percent in the past decade.

"I don’t want to be alarmist," said Alfredo Mireles, a psychiatric nurse at SF General who is opposing the cuts, "but we have this one guy who’s been in and out of here since his teens. He’s in his 30s now. He’s smart, college educated. But he has these violent outbursts with no remorse."

The man had assaulted a police officer just the night before, Mireles said. He recalled another patient who was so paranoid he wouldn’t come out of his room to eat. He had ended up in the emergency room after not eating for eight days.

Nonetheless, SF General’s psych ward maxed out last December for the first time in its history, forcing police offers to divert patients to jail or to hospitals unprepared to deal with them. All those facilities can do is strap down the patients or lock them in seclusion until a slot opens at SF General.

"You have to be very acute to get admitted," psych nurse Stacey Murphy said, referring to SF General. "But then we can’t get rid of people, because nobody wants them. They’re not acute enough to technically belong in our hospital, but they belong in a locked facility or in board and care."

Murphy explained that Progress won’t be able to handle certain patients now living in a sort of gray area at SF General — between being willingly and unwillingly hospitalized — such as the drug addled or violent. And that’s one problem with privatization in general: corporations and nonprofits will gladly take over profitable services, but the hard or expensive cases often fall to government … or simply through the cracks.

Progress argues that SF General spends too much time and money on patients who have serious mental health problems but aren’t so acute that they need to be locked up. Its idea is to put psych patients back into the city but help alleviate the misery they might otherwise endure alone or in a maddeningly sterile hospital. It seems to think the hard cases aren’t that hard.

"The time and resources devoted to this group of clients in a psychiatric crisis who are not hospitalized represents a cost to the mental health system that is unnecessary and avoidable if the intervention, triage, assessment, and treatment can occur in a community setting," the Progress Foundation’s June proposal reads.

"To the extent that there are people who would do better if we really wrapped services around them, shouldn’t we all focus on those people who would accept services voluntarily?" Katz asked the committee. "I think to focus a lot of our resources trying to convince people to take treatment against their will as outpatients when so many people would benefit from more loving, positive care, I don’t think it’s the right priority."

Piers Mackenzie still views Katz’s plan as poor public policy. His daughter, then 22, required a brief stay at SF General’s psych ward during a sudden mental health catastrophe four years ago. The event politicized Mackenzie, and he has since agitated against attempts by Katz to scale back psychiatric services at the hospital.

"I couldn’t think of a more retrogressive step, simple as that," Mackenzie said. "When there’s a proven need for more beds than there are presently, to cut them is just plain idiotic. I don’t understand it."

41st Anniversary Special: Bus stop

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› gwschulz@sfbg.com

There’s a money room in the basement of 1 South Van Ness, where the Municipal Transportation Agency, which operates Muni, is headquartered. Workers literally count by hand bags of cash and coins taken in as fares from passengers throughout the day.

When Muni recently needed to pull some of those unionized bean counters away from the money room to staff kiosks around the city where transit passes are sold, its managers hoped to replace them with workers from a private contracting outfit.

The plan unsettled the Service Employees International Union Local 1021, which persuaded Muni against the idea and instead encouraged it to create 10 new full-time city positions to cover the work that was needed. But the MTA’s immediate turn to the private sector is telling.

Powerful local unions would no doubt fight it, but public-transit consultants working with the city have insisted that the outright privatization of San Francisco’s municipal transit system is worth consideration. Advisors to the Transit Effectiveness Project, first unveiled by Mayor Gavin Newsom during a 2006 speech, insist nothing is too controversial for debate.

"There’s nothing we’ve been told to take off the table," a consultant hired by the city told the San Francisco Chronicle late last year.

The Transit Effectiveness Project’s final recommendations are expected next year, when it’s likely Newsom will be starting his second and final term. Big segments of Muni have already been privatized over the years. In fact, Controller’s Office records show the MTA has privatized far more formerly public services over the past two decades than any other city department by far.

In 1983 voters passed Proposition J, authorizing the city to contract out services performed by city workers who’d passed civil service exams to prove their skills as long as the Board of Supervisors passed a resolution certifying a cost savings. The MTA issued $46.5 million worth of private contracts last year covering 689 positions, according to figures maintained by the Controller’s Office.

Muni has used private security guards since 1975, and 400 private workers handle paratransit services, which aid the disabled. Towing, janitorial, meter-collection, and citation-information services have all been privatized. In total, the MTA’s purported cost saving is as much as $20 million per year.

But that’s a sliver of MTA’s $680 million budget, and there are perennial fears of more privatization pushes. This fall’s Muni reform measure, Proposition A, nearly went to the ballot with language that could have allowed millions of dollars in new privatized work at Muni without review from civil service commissioners, but it was removed at the insistence of labor leaders.

San Diego privatized many of its transit services in the ’80s, gradually contracting out services as public employees retired. By last year about half of San Diego’s bus routes were managed by three private contractors, including Violia, an Illinois company that also runs Muni’s paratransit services. Labor leaders say service in San Diego suffered under privatization, and they oppose similar changes here.

"Whenever you contract out a department, whenever you let go of control, then you don’t have control of the product," Cristal Java, an organizer for SEIU Local 1021, told the Guardian.

Prop. A’s language was changed to preserve union jobs if new routes and lines are introduced that may otherwise have been susceptible to privatization, but there are no assurances that city officials won’t eventually point to Muni’s widely bemoaned system deficiencies and claim that further contracting out is necessary.

"We see the same operational problems, and hiring new full-time, permanent people is a way to deal with it instead of contracting out," Java said. "The unions, allies, and MTA got together to make Prop. A something that worked for everyone."

41st Anniversary Special: Privatize the airport?

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› gwshulz@sfbg.com

In August 2006 the five commissioners who oversee San Francisco International Airport discussed renewing a small contract with a consulting outfit called John F. Brown Co.

The contract’s value doesn’t matter as much as the advice the outfit was giving. Brown is helping San Francisco prepare for 2011, when an agreement SFO maintains with several airlines is set to expire.

This, the folks at the airport realize, is a very big deal — one that could cost the city hundreds of millions of dollars and tempt city officials to try to privatize one of San Francisco’s most lucrative assets.

The contract that will expire four years from now is basically a lease the airlines pay in exchange for using SFO facilities like runways and terminals. The agreement was established in 1981 as part of a legal settlement with the airlines, and it permits the city to draw millions of dollars in concession revenue from the airport into San Francisco’s General Fund. Last year the city received nearly $22 million from the airport.

But San Francisco is one of the few cities in the nation that are allowed to take money that the airlines pay for landing and use it to subsidize other city services. And the airlines have shown little desire to keep paying fees that are above what the airport needs to break even on its operations.

Nobody is talking publicly about what will happen after 2011, but it’s entirely possible that the airlines, with the support of the federal government, will refuse to keep subsidizing San Francisco’s General Fund. So $22 million per year in city revenue could suddenly dry up.

If the mayor is someone like Gavin Newsom, he or she will be looking for an easy answer — and a lot of people will argue that San Francisco should follow the trend set by airports in Chicago, Indianapolis, and Pittsburgh and head toward a private management contract.

The Reason Foundation, a libertarian Los Angeles think tank, concluded in the 1990s that SFO could be worth as much as $888 million to the private sector; that number is almost certainly higher now. Imagine, for a moment, the deal the city would be offered: lose $22 million per year in revenue — or get close to $1 billion in cash by turning over the airport to a private operator on a long-term contract.

But the airport’s past experiments with privatization suggest that giving SFO to the private sector might not be such a good idea.

In 2001, Congress created a pilot program in which five cities, San Francisco among them, privatized their security screening of passenger, checkpoint, and baggage operations. Federal airport officials here hired Illinois company Covenant Aviation Security.

An investigation last year revealed that Covenant and SFO officials relying on surveillance cameras conspired to tip off personnel working at checkpoints when undercover federal inspectors were on their way to test possible security breaches.

A whistle-blower first revealed the scheme. Covenant, which partnered in the security venture with global weapons designer Lockheed Martin, was nonetheless rehired by the federal Transportation Security Administration late last year with a $314 million contract lasting until 2010, signed just weeks after an inspector general for the TSA’s parent bureaucracy, the Department of Homeland Security, revealed the results of its probe.

What is perhaps the airport’s greatest privatization disaster began in 1997 and didn’t end until earlier this year. Managers at the airport formed a private, for-profit company called SFO Enterprises, which they hoped would join a consortium of other airports doing consulting and managing work around the world. The initial consulting contract was with a Honduran airport.

The plan turned into a disaster, leaving the airport in Honduras worse off. By the time San Francisco’s controller caught up with the scheme in an investigation completed in January, he declared the city could lose as much as $1.5 million, with much of it poorly accounted for.

California’s tough regs reputation undeserved

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Big business loves complaining about California’s famously “tough” regulations. But if they exist mostly on paper and there’s no one around to enforce them, than what the hell is big business whining about?

The state legislature gets the best of both worlds as a result. The majority Dems can show the unions how they’re protecting workers by passing new rules on occupational safety, but their big-business donors are appeased when year after year California’s Division of Occupational Safety and Health (known widely as Cal/OSHA) is systematically de-funded and top administrative posts remain vacant.

And now it’s worse than it has been in more than a decade, writes Garrett Brown in the rag Industrial Safety & Hygiene News. (Is this really what we spend our weekends reading?) Brown is a long-time investigator for Cal/OSHA. He notes that inspections have dropped statewide by 35 percent since 1992, and actual citations have declined by 44 percent.

In fact, California has one inspector for every 84,000 workers compared with the average among nearly two-dozen other states of one for every 50,000, according to Brown. (Those Commies in Canada have one for every 10,000.) Huge percentages of violations simply go unabated, and while employers are appealing citations they’ve received – which they commonly do and which are severely backlogged statewide – no one can force them to fix the identified hazards in the meantime.

That’s kind of like allowing someone to continue breaking people’s knees with a baseball bat until they’re proven guilty of the first assault.

Journalism 101: Jeez, prof, what’s a byline?

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By G.W. Schulz

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Here’s a small arrow indicating exactly what a byline is, if anyone’s struggling to grasp how it works. And we thought anonymous assaults were the exclusive domain of the barely pubescent teen girls that occasionally drop by our comments section. Mortar shells are natural in the biz, but put your name on it. Then again, one can hardly expect so much. And here I’ve spent so long in the bunker.

Postmortem

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› gwschulz@sfbg.com

Being named journalist of the year is a significant distinction. It’s just too bad that Chauncey Bailey isn’t around to receive the award.

The Northern California Chapter of the Society of Professional Journalists named Bailey the winner of its top award Sept. 21, citing his "his fierce commitment to investigative journalism in the face of personal danger."

"At a time when journalists around the world are under threat for simply doing their jobs," the group said in a statement, "Bailey was a forceful presence in print and on radio and television in the Bay Area for the past 15 years. A tireless advocate for the African American community, he was assassinated while pursuing a story, and evidence presented thus far shows that he was assassinated because he was pursuing that story."

The longtime reporter and editor was shot to death Aug. 2 at the shady intersection of 14th and Alice streets in Oakland. That intersection, the site of Bailey’s Oakland Post office, sits in the center of the city’s power structure, with county court and government office buildings situated nearby.

An employee of Your Black Muslim Bakery — a group that has a history of both political influence at Oakland City Hall and severe money woes, which Bailey was investigating — is accused of shooting Bailey twice in the chest and once in the head with a black Mossberg shotgun as Bailey walked to work at the Post.

Devaughndre Broussard, the 19-year-old alleged shooter, was arrested during a raid at four locations, including the bakery’s main address, following the killing. Also arrested in the raids were three other people associated with the bakery and political movement; they were charged with kidnapping and torture following an earlier incident.

At the center of this story is the family of the late black Muslim leader Yusuf Bey Sr., who maintained a violent fiefdom now linked by law enforcement officials to an alleged assassination, vigilantism, child rape, and the abuse of a disadvantaged-business loan to the Bey family and its associates, as earlier media accounts and criminal charges revealed.

Police say they caught Broussard tossing a black shotgun out the window of a 59th Street address during one of the raids and that he admitted the gun belonged to him. Police have told the media that shells found at the intersection where Bailey was killed were linked to the gun.

But Broussard’s attorney has waged a public campaign to prove that Broussard wasn’t the assailant. The Oakland Tribune, where Bailey once worked as a reporter, has reportedly obtained police notes from interrogations that contained details of an unrecorded conversation between Broussard and Yusuf Bey IV, heir to the bakery chain and the black liberation movement that surrounded it.

Broussard’s attorney has insisted that Bey IV, during that brief exchange, coaxed Broussard into confessing to the murder. Broussard later did exactly that and reportedly claimed he pulled the trigger because Bailey was investigating the bakery’s deteriorating finances, which grew worse after Bey IV took over as CEO.

In mid-September, Alameda County reached a $188,000 settlement with three women who filed suit alleging that Bey Sr. assaulted them after local child welfare officials placed them in his custody. The three women first claimed in 2003 that Bey Sr. defecated on them and forced them to have sex with him and drink his urine and semen. But Bey Sr. died of cancer that year before he could face related criminal charges in court.

Bailey joins the growing roster of international journalists attacked or killed for reporting the news. On Sept. 27, Japanese photojournalist Kenji Nagai, who was working for the French news service Agence France-Presse, was shot to death by Burmese troops as they assaulted demonstrators in an increasingly bloody suppression of dissent still taking place in that country.

Reporters Without Borders notes that 75 journalists were killed worldwide in 2007, triple the number in 2002. Fifteen were killed in the Americas, according to the Inter American Press Association, which is preparing a resolution on Bailey’s death.

In early August two dozen Association of Alternative Newsweeklies newspapers published a story written by longtime Guardian Mexico City correspondent John Ross (and edited by the Guardian) outlining the events that led up to the shooting death of videojournalist Brad Will in Oaxaca, Mexico, during social and political unrest in the fall of 2006.

Gonzalo Marroquín, chairman of the IAPA’s Committee on Freedom of the Press and Information and editor of the Guatemala City, Guatemala, newspaper Prensa Libre, stated in early August, "We urge the authorities to investigate the [Bailey] murder in depth and promptly, so that the case does not become just another on the list of unpunished crimes in the Americas."

Cold case

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› gwschulz@sfbg.com

The gruesome death of a French national living in San Francisco is becoming a political hornet’s nest for local top law enforcement officials and the Mayor’s Office.

It’s still not clear how local homicide cops will define 36-year-old Hugues de la Plaza’s death after months of allowing for and even favoring the possibility that he took his own life. Suicide would have made things much less difficult for everyone in San Francisco responsible for catching those who kill, but few people close to de la Plaza believe that he killed himself.

But the French ambassador to the United States, Pierre Vimont, a confidant of newly elected president Nicolas Sarkozy, is following the case closely, and a police officer at the French consulate in Los Angeles is transutf8g hundreds of e-mails from de la Plaza’s Google and Yahoo accounts as well as mining material from the hard drive of his computer after breaking into it last week, a task homicide inspectors here apparently hadn’t yet bothered with.

"I have notified others regarding the implications contained in your letter and the wishes that you expressed to ensure an in-depth and serious inquest into the death of your son," Vimont wrote to de la Plaza’s parents, Mireille and François, earlier this year, according to our rough translation.

The status of the case right now is hardly reassuring for the de la Plazas, who forked out their own cash for a private investigator.

Recent photos of de la Plaza show him with unshorn black hair spilling out from an army cap and wide dark eyes under a pair of bushy brows.

His ex-girlfriend, Mellisa Nix, with whom he remained close, will testify soon in front of the Board of Supervisors’ Public Safety Committee on how well the SFPD is investigating violent crimes in the city as the homicide rate marches swiftly toward a 15-year high.

More than half of the annual homicide cases in San Francisco since 2001 have resulted in no arrests, according to the Police Department’s statistics, and that includes those in which the feds became involved.

Nix has doggedly pursued de la Plaza’s case, starting a blog with photos and updates, frequently calling area newsrooms to urge follow-up stories — she’s a reporter for the Sacramento Bee — and pestering the SFPD’s homicide unit to the point that it now refuses to answer her questions. Messages we left with the SFPD’s Bureau of Investigations seeking comment were not returned.

"From the get-go I had a sense that this investigation was being conducted in a fashion that doesn’t shed a very good light on the SFPD," Nix told the Guardian. "I was the one who had to call the parents and tell them their son was dead."

Two police officers kicked open the back door of 462 Linden on the morning of June 2 after a neighbor discovered blood dripping off de la Plaza’s front doorknob, with spattered pools of it leading from the threshold. They found de la Plaza lying on the floor, stabbed multiple times amid a grizzly scene of more blood that spread from the bathroom up the hallway to the kitchen and into the living room, where it soaked the coach and a television was knocked over.

De la Plaza had recently purchased land in Argentina, earned a promotion at work, acquired a new laptop, and made plans for the upcoming week — all things friends say a man considering suicide wouldn’t have done. But Nix said he had been frequently dating online, and it’s possible that an estranged lover or someone’s boyfriend attacked him.

The night of June 1 he’d met with a friend from work at SF Underground in the Lower Haight after going on a date to an art gallery with another transplant from France.

Nothing significant appeared to be stolen from his apartment after he made it home after last call, and both the front and back doors were locked when the two officers arrived. Immediately, police and officials from the Medical Examiner’s Office suspected a suicide. But Nix and others close to de la Plaza believe that persistent assumption has allowed the case’s trail to grow cold despite evidence suggesting he was murdered.

"It’s fucked-up in retrospect," said Orion Denley, a friend and neighbor who was briefly questioned by police the day de la Plaza was found. "I kept thinking, ‘How come they aren’t asking me if I heard anything?’ All they did was ask over and over again if he was suicidal, like they had already made up their minds that he had committed suicide."

No one from the Police Department contacted him again, but Denley said he heard de la Plaza’s front door slam three times, followed by two crashes and the sound of a distinct set of footsteps on the stairs leading from the apartment.

"It was definitely someone exiting the building," he said, "because you could hear the footsteps getting quieter as they ran away."

There was no suicide note or apparent weapon, nor was there an immediate suspect. Police found a knife in the sink with trace substances that could have been de la Plaza’s blood. They’ve since missed at least two promised deadlines for the completion of a DNA analysis, and now there’s no telling when the results will be available. It’s the only real piece of evidence left allowing investigators to regard de la Plaza’s death merely as suspicious rather than a murder.

"It’s something that I don’t think Hugues would have ever considered doing," Nix said of the suicide theory. "He had his ups and downs. He was a very private person. But if he were going to kill himself, he would probably write a letter. He was very precise and particular about how he conducted his life."

But there’s no doubt the pressure’s on. Sup. Ross Mirkarimi has vocalized his disapproval of the way skyrocketing homicides in his district — which includes the Hayes Valley neighborhood, where de la Plaza lived — are being handled by the Police Department, and District Attorney Kamala Harris has paid special attention to the case. Her chief assistant met twice with de la Plaza’s family, who visited for several weeks earlier in the summer.

The family also met with Inspector Tony Casillas and bureau captain Kevin Cashman but returned to France largely empty-handed. They’ve since discussed using insurance money they received after de la Plaza’s death to establish a support group in San Francisco for the families of victims whose murders go unsolved.

"Is that what it takes in San Francisco? Hire a private investigator and involve a foreign police force?" Nix wrote to Mayor Gavin Newsom in July. "If so, shame on the leaders of San Francisco. If so, God help those in your city who do not have such resources."