Rebecca Bowe

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WEDNESDAY 8

Tales from the Mission District 518 Valencia, SF. www.shapingsf.org. 7:30pm, free. Adriana Camarena, a longtime Mission District resident famous for interviewing everyone in her midst, unveils her new multimedia work, “Unsettlers: Migrants, Homies, and Mammas in the Mission.” Join Shaping SF for an evening of storytelling featuring the Mission’s most precarious residents: Indigenous migrant workers from Mexico, day laborers, war veterans, and youth in gangs.

THURSDAY 9

Debate: Hack the Sky? Richard and Rhoda Goldman Theater, David Brower Center, 2150 Allston, Berkl. www.earthisland.org/events/skyhack. 7pm, $10. Join Earth Island Journal and Grist.org for an important debate about geoengineering: Controversial proposals to artificially reduce the amount of sunlight filtering through earth’s atmosphere, using technological fixes, to solve climate change. Atmospheric scientist Ken Caldeira and Australian professor of ethics Clive Hamilton will debate this timely, provocative issue.

SHOUT! Art by Women Veterans San Francisco Women’s Building, 3543 18th St, SF. www.swords-to-plowshares.org. 6-9pm, free. RSVP requested. Hosted by Swords to Plowshares, a San Francisco-based veteran service organization, the fifth annual SHOUT aims to engage with women veterans and bring about greater public awareness to the issues they face. The event, which began as an annual art show and celebration of women veterans, was inspired by the intersections of art, community, health, and healing.

FRIDAY 10

Jeremy Scahill Lecture on Dirty Wars First Congregational Church of Oakland, 2501 Harrison St, Oakl. 7:30pm, $12 advance / $15 door. 800-838-3006 www.kpfa.org/events. KPFA Radio hosts author and journalist Jeremy Scahill, author of the New York Times best-seller Blackwater. Scahill will discuss his latest book, Dirty Wars, tracing the consequences of the declaration that “the world is a battlefield.” From Afghanistan to Yemen, Somalia and beyond, Scahill reports from the frontlines of his high-stakes investigation.

SUNDAY 12

Conflict Kitchen: The two Koreas Headlands Center for the Arts, 944 Simmonds Rd, Sausalito. tinyurl.com/2koreas. 6:30pm, $35. RSVP requested. Artists Jon Rubin and Dawn Weleski bring their Pittsburgh-based project, Conflict Kitchen, to the Marin Headlands’ Mess Hall. Serving cuisine from countries with which the United States is in conflict, the artists present flavors from North and South Korea. Featuring three courses, as well as guided discussion on the culture, politics, and issues at stake within the two countries.

T-Third passengers unhappy about train service disruptions

Around 20 residents from San Francisco’s Bayview neighborhood lined up at the San Francisco Municipal Transportation Agency board meeting May 7 to voice complaints that all too often, the T-Third light rail transit vehicles leave passengers stranded on train platforms, taking rail cars out of service before the end of the line and leaving riders to wait for the next arrival.

Organized by People Organized to Win Employment Rights, an organization better known as POWER that has campaigned around Muni issues before, the riders asked the SFMTA board to address the T train turnarounds, and called on the transit agency to run all trains through to the end of the line in the city’s Southeast neighborhoods.

Muni service disruptions along the T-Third occur most frequently at 23rd and Third, Armstrong and Third, and Williams and Third, based on SFMTA data. The passengers expressed frustration that even though the T-Third technically runs all the way to Sunnydale, a Visitation Valley housing complex, it often stops short of the final destination and causes delays on an already lengthy commute. The topic of Muni “switchbacks” picked up momentum earlier this year after District 4 Sup. Katy Tang vowed to take up the issue of train turnarounds, which also impact transit passengers in the Sunset. 

Jackie Wysinger, who walks with a cane and resides at a senior center nearby Armstrong and Third streets, told SFMTA board members that she’s no longer able to drive and depends upon the T train to get around.

“We need better transportation,” Wysinger said. “The T train turns around right there, and they do it regularly,” leaving passengers with no choice but to walk or wait in discomfort. “It’s just bad on the senior citizens.”

Claudia Bustamante, a member of POWER who spoke in Spanish through a translator, related a story of traveling back to the Bayview on the T-third on Monday night. “We were on the T-train and there was a person in a wheelchair, and another woman crying,” she said. “But the driver said, ‘sorry, this is the last stop. Everybody has to get off.’ … They kicked us off. This happens not just to me, but to the members of the African American community in Bayview. And this needs to stop.”

Jim Hill, who told SFMTA board members that he’s lived in the Bayview for 51 years, said he’s experienced train service disruption at 23rd Street on a regular basis. “I don’t understand why a man would turn a train around that’s full of people,” he said. “I have experienced 45 minutes to an hour before another train comes.”

Hill added, “I don’t think a person should have to work all day, and have to stand up from the time they get off work, until they get home.”

Gloria Dean, a Bayview resident who penned an editorial in the San Francisco BayView newspaper in March, characterized the frequent disruptions to service in Bayview Hunters Point as “shameful racism” in her opinion piece. She recounted one evening when her commute from Oakland to Third and LaSalle took from 6:45pm until 9:08pm. Since her husband is battling health problems, “it’s important for me to get home” following her evening classes at Mills College in Oakland, Dean wrote.

Juana Teresa Tello, an organizer with POWER, stressed that while switchbacks are known to occur on other lines, Bayview residents tend to have fewer transportation options. “It’s the highest concentration of people in public housing,” Tello pointed out. “It’s people who need the transit system the most.”

There was no SFMTA agenda item on the topic of turnarounds on the T-Third line, so residents aired their grievances about the issue during public comment. Once they had all finished speaking, SFMTA board chair Tom Nolan indicated that the item should be added to the board meeting agenda “sometime in the near future.”

In response to a query submitted several weeks ago, SFMTA spokesperson Paul Rose sent the Bay Guardian a detailed response to questions about train turnarounds at the 23rd and Third stop.

“Trains going to 23rd Street on the T-Third are typically going to our maintenance yard located near 25th Street and Illinois at the end of their shift,” Rose explained in an email. “These trains are J, K, L, M, and N trains that travel in service as T-Third trains to the yard and accept passengers all the way to the last stop before the yard – 23rd Street. The alternative is to have the trains travel ‘not in service’ to the yard from the subway and accept no passengers.

“The vehicles returning to the yard and traveling from the subway only to 23rd Street add additional frequency between the subway and 23rd Street but are not scheduled full trips to Sunnydale,” Rose acknowledged.

The 23rd Street stop marks the end of a stretch of recently installed condominium complexes in San Francisco’s Dogpatch neighborhood, an increasingly popular residential area for Silicon Valley commuters who have easy access to the highway to travel south to tech campuses.

Finally, Rose stressed that “We minimize unscheduled train turnarounds as much as possible … Supervision is also told to only perform these turnarounds when there is another train within five minutes or less,” he added, “to minimize passenger inconvenience.”

Hospital union targets UC executive pensions [VIDEO]

An update to this story has been posted below.

An ongoing labor rift is intensifying between frontline University of California hospital employees and the UC medical center system. UC administrators have minimized employees’ stated concerns about eroding patient care due to staffing rollbacks, saying the real issue at the heart of the dispute is AFSCME’s “refusal to agree to UC’s pension reforms.”

But now the union is striking a different note on pension reform, most recently taking aim at UC executive pensions – or what AFSCME 3299 spokesperson Todd Stenhouse glibly refers to as the “golden handshake protection program.”

AFSCME 3299 represents 13,000 UC patient care and technical workers. The union is expected to announce the outcome of a strike authorization vote, stemming from a contract negotiation that has been at an impasse for months, any day now.

Meanwhile, the hospital workers’ union issued a statement on May 3 pointing out that top-ranking UC executives, particularly longtime administrators whose robust retirement benefits were grandfathered in from a more bountiful era, stand to receive pension payouts that dramatically exceed the reduced retirement benefits most public employees can now expect.

“Our point is simply this,” Stenhouse explains. “How can you even pretend to have pension reform when you’re not capping executives’?”

UC spokesperson Steve Montiel noted that UC restructured its pension program several years ago. He justified the higher payouts, saying, “That’s something we see as being necessary to attract the best people at all levels, and to compete with others for the very best people.”

This past January, sweeping pension reform legislation took effect after winning bipartisan support in Sacramento. The new limits cap pensionable salary levels at $110,000 for public employees who earn Social Security, and $130,000 for those who don’t.

Yet the leaner retirement regime does not apply to employees in the UC system, which operates under a separate pension structure. Under the UC framework, pensionable salary levels are capped at $250,000, or $375,000 for employees hired prior to 1994.

“The cap on compensation for the governor of California is $110,000,” Stenhouse points out. “They say they want pension reform. Well, we want real pension reform.”

AFSCME is targeting Mark Laret, CEO of UCSF Medical Center, in particular. Since he was hired early enough to benefit from the higher pensionable salary cap, the hospital director, whose total annual compensation exceeds $1 million, is expected to earn more than $309,000 per year in retirement benefits.

In 2010, Laret joined 35 other UC executives in threatening to sue the Board of Regents if pension caps, mandated by the Internal Revenue Service, were not lifted. The IRS had offered to grant an exemption to the UC system but Regents ultimately determined that the caps should remain in place, despite executives’ objections.

In this clip, AFSCME 3299 President Kathryn Lybarger and Pathology/Lab Technician Margaret Mann confront Laret during his onstage address at the UC Health Center for Health Quality and Innovation’s Spring Colloquium, held at Oakland Marriott City Center on May 3. Video courtesy AFSCME.

Had they succeeded in lifting the caps, Laret could have received more than twice as much in annual retirement benefits, according to AFSCME estimates. (The medical center CEO recently co-authored an Op Ed in the San Francisco Examiner admonishing AFSCME for resisting “modest reforms” on pension contributions proposed by hospital management.)

Montiel emphasized to the Bay Guardian that contract bargaining negotiations are the central issue, noting that executive pensions haven’t figured into that discussion. “They haven’t raised this at the bargaining table,” he said. “If they wanted to propose caps on pensions for their units, we would look at that, but what they’re talking about is beyond what’s being bargained right now.” A key issue, he added, is a proposal for employees to contribute 6.5 percent toward retirement savings, up from 5 percent.

AFSCME has estimated that the UC system could save $35 million annually if executives were held to the $110,000 pensionable salary cap now in effect for a majority of state, county and municipal employees.

“I haven’t looked at the math on that,” Montiel said when asked about this potential source of savings. “The medical centers are supported by medical center revenue, so there’s really no state funding that is going into salaries there. … There are lots of savings that could be made. These are all things that have been taken into consideration for years as compensation levels have been set and so forth, but this is not part of the negotiations with AFSCME.”

Sen. Leland Yee has introduced legislation, SB 8, to prohibit pay increases for top UC administrators within two years of a tuition hike or when budget allocations are not increased. According to a fact sheet prepared by Yee’s office, the bill is meant to address a trend where “the UC and the CSU systems have historically hiked executives’ pay while raising student fees and have given new administrators more than double digit pay hikes.” The legislation is working its way through the approval process, currently in committee.

On this latest debate, Yee sided with the union. “I don’t see why, when state workers are in a pinch and tuitions are at record highs, UC executives should be pulling down $300,000 a year on their pensions,” he said. “This shows yet again the profoundly backwards priorities in the UC system.”

UPDATE: We just got word that AFSCME 3299 members voted to authorize a strike with 97 percent support. The union can lawfully call a strike any day now, but dates and duration of a strike have not been finalized.

Students celebrate SF resolution to divest from fossil fuels

Famed environmental writer and 350.org founder Bill McKibben wore a short-sleeved T-shirt as he stood on the steps of San Francisco City Hall this afternoon and addressed a crowd of energized student climate activists.

“It’s a pretty day here, but it’s a little warmer than it should be,” he remarked of the hot afternoon with temperatures creeping above 80 degrees F. “This is the hottest May 2 ever recorded in the city of San Francisco.”

McKibben was there to celebrate a recent victory for his organization’s fossil fuel divestment campaign, which came last week when the San Francisco Board of Supervisors voted to adopt a resolution by Sup. John Avalos urging the San Francisco Employee Retirement System to divest from companies that hold fossil fuel reserves.

McKibben’s organization, 350.org, has been urging colleges, universities and city governments across the country to enact similar measures. “This is pretty simple math. The math is, if you’re invested in the fossil fuel industry, then you are profiting from the wreckage of the climate,” McKibben said. You are making a bet that nothing will ever be done to stop or slow down climate change, because if anything ever is done, it will put those investments at risk. The perversity of that is stunning.”

Students across the country have organized campaigns to divest, borrowing a tactic from the anti-apartheid movement. Over the last couple days, “The students at the Rhode Island School of Design had gone and occupied their president’s office, because they were getting no attention to their demand for divestment,” McKibben noted. “And they dropped a banner out the window. And the banner said, ‘We may be art students, but we can still do the math.’”

He went on: “There’s no absolute guarantee that we’re going to win this fight. But I do know … that we’re at the very least going to fight. And fight hard.”

Sup. John Avalos also delivered comments at the rally. When he first contemplated introducing the resolution, “I thought, oh no, just another advisory measure that we’re going to do as a Board of Supervisors,” Avalos admitted, “but I also saw the real value of it. That if San Francisco could take a stand like this, it could have a real impact on all the other cities around the country.”

He added that the most compelling argument for divestment was that, “We know that we cannot take all of the fossil fuel out of the ground that those corporations are seeking. And eventually … they’ll be stranded assets that we’ll have no return on in the future.”

Asked after the rally whether he thought SFERS would indeed divest as a result of the nonbinding resolution, McKibben told the Bay Guardian, “I have no doubt that they will. … I think that that’s starting to happen all over the country, and I think people like Supervisor Avalos are serious about making sure that it’s for real. You know, in Washington we make rhetorical statements with nothing behind them, but hopefully in San Francisco,” things will turn out differently, he added.

Earlier in the day, Norm Nickels of SFERS noted that the resolution has not yet been added as an agenda item for the Retirement Board to take up, because it has not yet cleared the final hurdle for official Board of Supervisors approval.

May Day rally for immigration reform in SF

Hundreds gathered for a rally outside San Francisco City Hall on May 1, capping off a march that drew activists into the streets to commemorate International Workers Day. The events were organized by a broad coalition of immigrant rights advocates to call for improvements to the recently unveiled proposal for federal immigration reform, which will go before the Senate Judiciary Committee next week. [More photos after the jump]

Olga Miranda of SEIU Local 87, the San Francisco Janitors Union, addressed the crowd. “I want to be able to recognize sheet metal workers, carpenters, laborers, hospital workers, housekeepers, domestic workers,” she said. “We are a proud economy. … All we want is for workers to be able to come out of the dark. We want to make sure that we are not exploited for the color of our skin, that we are not pushed into the darkness. We are Chinese, we are Arabic, we are Filipino, we are gay, we are transgender. We are workers! And comprehensive immigration reform needs to be inclusive.”

Activists from Causa Justa / Just Cause led the crowd in a unity chant in five different languages.

 

Putri Siti, an undocumented student from Indonesia, shared the story of when she and her family thought they might face deportation. “I am more than just an illegal. I am more than just undocumented. I’m a student. I’m a dancer. It doesn’t matter what paper I have. And now, I am proud to say, that I am undocumented, unafraid, unashamed,”  she said.

 

Assembly committee OKs moratorium on fracking in California

Three bills seeking to impose moratoriums on fracking in California won approval at the California Assembly Natural Resources Committee in Sacramento on April 29, an important milestone for environmentalists who ultimately plan to push for a permanent ban on the practice.

Assembly Bill 1301, introduced by Assembly Member Richard Bloom (D-Santa Monica), is backed by a host of statewide environmental organizations including the Center for Biological Diversity, Food & Water Watch, and Clean Water Action. That bill and AB 1323, similar legislation sponsored by Holly Mitchell of Culver City, seek to halt the controversial oil-and-gas extraction method in California until possible health and environmental impacts have been adequately reviewed.

“It’s an important step,” notes Adam Scow, California campaigns director for Food & Water Watch in San Francisco. “In theory, the quickest timeline the bill could pass is [sometime] this year.” He added, “Gov. Jerry Brown has the power to issue a moratorium now,” but “Brown is repeating industry talking points that fracking can be done safely.”

A third bill, AB 649, would create moratoriums on fracking only nearby sensitive sites such as aquifers or agricultural lands, but that proposal received less support from fracking opponents who believe it should be subjected to a blanket moratorium and ultimately banned. All three bills won approval from the Natural Resources Committee, and are now headed for the Assembly Appropriations Committee.

Short for hydraulic fracturing, fracking is an oil and gas extraction method that utilizes high-pressure water and toxic chemicals to fracture shale deep underground. It’s prompted fierce opposition in New York, Pennsylvania and throughout western states, where fears about groundwater contamination and long-term ecological impacts are growing as the practice is more widely adopted.

“It uses huge amounts of water,” Wenonah Hauter, executive director of Food & Water Watch, told the Bay Guardian in an interview. “It pollutes the water with chemicals that don’t even have to be disclosed, and the wastewater either stays underground and we don’t really know what happens to it, or it has to be disposed of through injection wells that are associated with earthquakes.”

And yet, powerful momentum is building in the petroleum industry around oil extraction from the Monterey Shale, a geologic formation estimated to contain 15 billion barrels of oil that would have been inaccessible but for technological advancements in fracking. The Western States Petroleum Association, a powerful industry lobby, placed the vast California fossil fuel reserve in the crosshairs in a mid-March report, along with the outright giddy pronouncement that “this oil, if prudently and safely developed, could dramatically change our state’s energy security picture for decades to come and usher in an era of unprecedented prosperity.”

All of which amounts to stringent opposition to bills that would impose a moratorium until health and environmental impacts can be carefully evaluated. According to this article in High Country News, that industry association spent $8.5 million last year lobbying state government.

While things still hang in the balance in California as far as fracking is concerned, the mad dash for shale oil has already transformed vast swaths of rural landscape in North Dakota, where oil production has shot up dramatically in recent years. According to a study released by the Western Organization of Resource Councils, fracking and other oil and gas extraction practices result in the permanent removal of seven billion gallons of water from the hydrologic cycle each year in North Dakota, Montana, Wyoming, and Colorado.

Scenes from the struggle for economic justice

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Hacking Oakland’s budget

Sporting trucker hats, nose rings, and in activist Shawn McDougal’s case, a white tee with “Revolutionary” printed across the front in simple black lettering, the young, energetic activists assembled at Sudo Room, an Oakland hacker space, come across as unlikely ballot-initiative proponents. Nevertheless, in a few short weeks, the all-volunteer Community Democracy Project crew intends to hit the pavement and begin collecting signatures for a measure to introduce “participatory budgeting” to Oakland city government.

Their objective is to set up a kind of direct democracy system for hashing out the city’s discretionary spending. The proposal would create a charter amendment and a new Oakland city department to reconfigure the politically contentious budget allocation process, by “shifting accountability in a way that more people are able to engage,” says organizer Sonya Rifkin.

The proposal envisions convening democratic “neighborhood assemblies,” each of which would represent roughly 4,000 Oaklanders. Any resident age 16 or older would be free to attend meetings and vote on NA proposals. The NA proposals would then be forwarded onto citywide committees and synthesized as proposals for the ballot, whereupon the electorate would have the final say.

For the Community Democracy Project organizers, who mostly became acquainted through Occupy Oakland, the radical concept is just as much about achieving equitable budget allocation as it is about stoking the embers of community building. To place it on Oakland’s city ballot, the ambitious campaigners hope to collect 40,000 signatures in the next six months.

It’s a tall order, yet the activists appear undaunted. It’s a movement, McDougal says, comprised of “regular people, realizing that they don’t have to be spectators. They can be participants.” (Rebecca Bowe)

Solidarity with Bangladeshi sweatshop workers

News of a Bangladesh factory collapse last week that killed hundreds of low-wage workers reached San Francisco just as labor organizers were preparing to rally for stronger safety measures in overseas sweatshops.

Last November, a fire broke out in the Tarzeen Fashions factory in Bangladesh, killing 112 employees who produced garments for Walmart and other retailers. Sumi Abedin, a 24-year-old garment worker who earned about $62 a month working 11-hour days, six days a week, survived the blaze.

Through a translator, Abedin told reporters, “We were trying to exit through the staircase, and then we saw a lot of burned bodies, injured bodies. And I jumped through a third floor window because I thought, instead of being burned alive, even if I die, my mother will get my body.”

Abedin was standing outside San Francisco’s Gap headquarters, flanked by Bay Area activists from Jobs with Justice, Unite HERE, Our Walmart, and others. They were there to call on the popular retailer to sign a fire-safety agreement to implement renovations, at an estimated cost of about 10 cents per garment. In a statement, Gap noted that it had implemented its own four-point plan “to improve fire safety at the selected factories that produce our products.”

Gap had no direct connection with the Tarzeen Fashions blaze that Abedin narrowly escaped. Yet Bangladesh Center for Worker Solidarity organizer Kalpona Akter explained that the campaign was targeting Gap because “they’re saying they have corporate social responsibility,” yet have refused to sign onto the worker-sanctioned, legally binding fire safety agreement endorsed by BCWS, which brands such as Tommy Hilfiger and German retailer Tchibo have committed to. “This is one appropriate thing Gap can do in this moment,” Akter said, “if they really wanted to prevent this death toll in other parts of the world.” (Bowe)

Making job-training programs actually work

The phrase “welfare” may conjure up the image of a couch potato catching up on daytime soaps while the checks roll in, but Karl Kramer of the San Francisco Living Wage Coalition says it’s simply not the case — some people are not only working to earn those meager checks, they’re faced with few options once their participation in such programs comes to an end.

In San Francisco, many recipients of public assistance are part of the local Community Jobs Program, designed to provide unemployed people with on-the-job experience to help them land on their feet after six months. In practice, however, “it’s not happening,” Kramer says. “They’re dead-end programs. People aren’t moving onto jobs, and at the end of the Community Jobs program, they’re cut off completely.”

Part of the problem is that few pathways exist to connect the workers with actual paid gigs once they’ve finished. So the Living Wage Coalition is pushing for legislation that would improve and expand upon the Community Jobs Program, by raising the wage rate from $11.03 to $12.43 per hour, giving participants the option of working 40 hours a week, extending the program from six months to one year to square with eligibility requirements for many job listings, and creating an advisory committee to facilitate entry-level job creation in city departments.

“There has not been political will to really make these programs successful,” Kramer notes. And in the meantime, “people don’t connect it with why there’s such a growth of homeless families” in San Francisco. (Bowe)

Basic rights for domestic workers

The California Domestic Workers Bill of Rights would apply basic federal labor protections (such as a minimum wage, the right to breaks, and basic workplace safety standards) to domestic workers. If it becomes law, credit will go in part to its author, Assemblymember Tom Ammiano, but also to the California Domestic Workers Coalition, which has been pushing the issue for years.

Supporters of the bill say it’s unconscionable that domestic workers — the people who care for our children and grandparents and tend our homes — are one of just two occupations exempt from the Fair Labor Standards Act of 1938, the other being farm workers (another profession with a well-documented history of labor abuses, and also one comprised largely of unpaid immigrants). “We need to have protections for the people who do really important work,” Katie Joaquin, campaign coordinator for the coalition, told the Guardian.

As we reported recently (“Do We Care?,” 3/26/13), Gov. Jerry Brown vetoed the measure last year after it was overwhelmingly approved by the Legislature, expressing the paternalistic concern that it may reduce wages or hours of domestic workers. But its supporters have come back stronger than ever this year. Now know as Assembly Bill 241, the measure cleared the Assembly Labor Committee on a 5-2 vote on April 24 and it now awaits action by the Assembly Appropriations Committee. They say this bill, which New York approved in 2010, is a key step toward valuing caregiving and other undervalued work traditionally performed by women. (Steven T. Jones)

Debt peons, unite!

49

rebecca@sfbg.com

David Graeber is renowned among occupiers and idealists as an intellectual founder, or anti-leader as it were, of the Occupy Wall Street encampment that sprung up in Zucotti Park in the fall of 2011. He’s an organizer, an anarchist, a professor of anthropology and sociology at Goldsmiths University of London, a former instructor at Yale, and the author of several books, including Debt: The First 5,000 Years, a tome tracing the concept of debt back to the roots of Western civilization.

His latest book, The Democracy Project: A History, a Crisis, a Movement (Spiegel & Grau, 2013), chronicles the rise of Occupy, a leaderless economic justice movement Graeber unapologetically characterizes as a success. In honor of International Workers Day, May 1, the Bay Guardian caught up with him over coffee to talk about economic pressures facing today’s workers, particularly the young and marginalized.

Turns out, it’s not a pretty picture out there — but at least Graeber, who has a propensity to collapse into giggles between full throttle ruminations on the absurdity of global economic policy, has a sense of humor about it.

Below are some excerpts.

San Francisco Bay Guardian: Looking at the Occupy movement, the mainstream narrative seems to be that it was a short-lived, failed experiment and now it’s over. But in your book, you ask the question ‘why did it work?’

David Graeber: Let’s put it this way. When was the last time that the issue of social class was put at the center of American politics? Probably the 1930s. Social movements have been desperately trying to do this for 50, 60, 70 years and gotten nowhere. We managed to do it in three months. Um, that’s pretty impressive. … And I’m pretty sure that if it weren’t for us, we’d have a President Romney right now. That whole 47 percent thing? It would not have resonated had it not been for the 99 percent thing.

SFBG: Why do you think the idea of wealth inequality, of all issues, resonated so much?

DG: I think because there’s a basic change in the way capitalism works in America. It’s been going for some time, but it just became unmistakably apparent after 2008. People talk about the “financialization” of capitalism, and it sounds very abstract. Casino capitalism, speculation, they’re playing these games, they’re making money appear out of thin air, which is not entirely untrue. … It’s based on getting everybody into debt. The profits of Wall Street are — they now say a very small percentage is actually based on commerce — it’s now based on finance. But what does ‘based on finance’ actually mean? It means they go into your bank account and take your money.

I’ve been trying to figure out just what percentage of the average American’s income is simply extracted every month by the finance sector. …You count mortgages, you count credit card debt, loan debt, all the fees and penalties that you don’t notice… all that stuff put together comes to about 20 percent at least, and probably higher. For example, families that are in their early 30s, it’s often 40 percent. … I saw a poll the other day that said, for the first time since they’ve been taking statistics, a majority of Americans don’t consider themselves middle class. … And I think the reason for this is because it really never was an economic category. It has to do with how you feel you relate to basic institutions. What middle class first and foremost means is, if you see a policeman, do you feel safer, or do you feel less safe? … Then there’s more going on. For the first time, we found that there is incredible solidarity between students and workers, which have traditionally not been friends — go back to the 60s and it’s hard-hats beating up hippies. Now, the transit workers in New York are suing the police over taking their buses to arrest us [occupiers].

SFBG: How would you reflect on the economic condition that workers are facing, compared with how things were historically over the last several decades?

DG: It’s atrocious. One thing that’s happened is there’s been this disconnect between productivity and wages. This is kind of the deal they struck at the end of World War II in most of the North Atlantic countries: It used to be that you work harder, you produce more, you get a share of the profits. And that was worked out through mass unionization, it was worked out through negotiations, and it was tacit somewhat, but you know, it was understood.

Since the ’70s, that deal is off. So, productivity goes up, wages stay flat. So that’s why they say all profits have now gone to one percent of the population. So workers are working harder and harder, more and more hours, under more and more stress. …It’s all the more difficult because of education, because now it’s gotten to the point where if you don’t have a college degree, your chance of having any benefits at work is basically nil. If you want to have health care, you need to go to college. At the same time, if you want to go to college, you need to pay student loans. So you’re double damned. … You have all these people who are sort of trapped: I’d like to finish, I’m still going, I’ll take night classes — for five or ten years, while you have a working class job. So the line between the students and the proletariat blurs, and this is one of the reasons why the student loan issue actually spoke to people in unions.

And there’s also a shift in the type of work. Did you ever see the “We are the 99 percent” tumblr page? It was all these people talking about their jobs… their debts and difficult medical problems…. One of the things that fascinated me about that was that like 80 percent of the people on that page were women. …They were all doing something where the work was clearly to the benefit of someone else. And I think that those are the people who are the most screwed right now, ironically. The more obviously your work benefits other human beings, the less you’re paid.

SFBG: Going back to this idea of debt — your book [Debt: The First 5,000 Years] looks at debt through the ages of human history. I’m curious to hear your thoughts on debt as it relates to personal freedom.

DG: That’s one of the most pernicious things about the current debt regime in America. Being young is supposed to be a place where you can let your imagination run free and explore your sense of possibility. That’s what college used to be. In a sense, those students who are just out of college, I always call them post-students, they’re the kind of people who are activists, the kind of people who are thinking okay I’ll start a band, maybe I’ll be an artist. That’s where everything comes out of in a generation, where everything new and exciting emerges. What could be more stupid than taking all those people and turning them into debt peons? … I think of it like horror movies — what is it that’s so scary about monsters? It’s that they turn you into them, right? Vampires, werewolves. But you don’t get to be like the really cool super count vampire, you get to be a pathetic minion vampire, where you’re in debt for the rest of eternity, as a flunkie. In a way, that’s what’s scary about debt. It forces you to think like a capitalist, you have to think about money and profit all the time. But it’s even worse, because you’re a capitalist with no capital. It like totally destroys your ability to think of anything but money, and you don’t even have any money.

SFBG: Another thing we’re seeing increasingly is austerity measures and public sector spending cuts. What’s the root cause of these rollbacks, and what do you see as the most appropriate response from economic justice activists?

DG: I am in the peculiar situation at the moment that some members of the ruling class actually talk to me and even ask for my advice. Which, you know they’re in trouble if they’re talking to me, right? Part of the reason for that is that these guys are on a completely self-destructive course. I live in the UK most of the time. They’re going into a triple debt recession because of these austerity programs. Now what are you going to make of it? It has nothing to do with economics.

SFBG: So why is it happening?

DG: It’s moral. It’s political, and moral. Neoliberalism is not basically an economic ideology. It’s about politics … Always prioritize the political advantage over the economic advantage. Breaking unions, getting rid of job security, making people work more and more hours — that’s not economically efficient … So what does it do? Well, it’s the best thing you could possibly do if you want to depoliticize workers … The classic justifications for capitalism are harder and harder to maintain. … So what excuse do they have left? They can say, well, it’s the only thing that’s possible. Basically all they can do is hammer away at our imagination. The only alternative is this, or North Korea. And the amazing thing is that the only war they’ve won, is the war against the imagination.

 

Pride faces backlash from defenders of gay whistleblower

In the wake of the debacle unleashed by San Francisco Pride’s announcement that gay whistleblower Bradley Manning would not be grand marshal for this year’s Pride Parade after all, a large crowd of protesters assembled outside Pride’s Market Street headquarters April 29 for a hastily organized rally condemning the move. They held signs depicting Manning’s image, and chanted, “Grand marshal, not court martial!”

Famed whistleblower Daniel Ellsberg, who helped foment opposition to the Vietnam War by leaking classified government documents known as the Pentagon Papers to the New York Times in 1971, expressed support and admiration for the young US Army soldier. Manning was arrested in May of 2010 on suspicion of having leaked classified government cables and military footage later published by WikiLeaks, and faces a possible life sentence.

“A big mistake was made by the Board of Directors of SF Pride,” Ellsberg said. Referencing director Lisa Williams’ statement that not even a “hint” of support for Manning would be tolerated, Ellsberg said, “I don’t hint at support for Bradley Manning. I couldn’t be louder. I will be marching in that parade, for the first time for me, with a banner honoring Bradley Manning.”

Gay Navy veteran John Caldera, commander of the Bob Basker Post 315 of the American Legion, an LGBT-focused veteran’s organization, announced that his members had voted unanimously to call for Williams’ resignation, saying she had “negated and belittled all of the voices of the community” who had expressed support for Manning. He also condemned Pride for withholding its support for Manning while accepting funding from the likes of Wells Fargo, a banking giant responsible for foreclosures that have affected veterans. “The SF Pride committee has to put people first and corporations second,” he said.

Joey Cain, a former grand marshal who said he nominated Manning, noted that he was not calling for Williams to resign, but hoped she would realize the mistake and reinstate him as grand marshal. “What he did was heroic … Bradley made the world a better place,” Cain said. He shamed Pride for straying so far from the roots of the gay movement. “We believed in radical inclusivity,” practicing tolerance for all “colors, genders and opinions,” he said, with the understanding that “We don’t all agree. We never will. But we’re sure never going to throw any part of the community under the bus.”

The rally was organized by longtime housing activist Tommi Mecca (pictured, center), comedian Lisa Geduldig and blogger Michael Petrelis.

Some counter-protesters from the Log Cabin Republicans, a gay GOP organization, even made an appearance. “We were praising the Pride Committee for not having selected Manning,” SF Log Cabin Republicans Fred Schein told the Bay Guardian.

Paul Bloom, a longtime activist, handed the Guardian a written statement on his take of the whole dustup, which he viewed as “an opportunity for people to unite in our understanding that there is no antiwar movement without gay people, and no movement for human rights that doesn’t envision an end to war.”

“Why does the SF Gay Pride Parade need corporate sponsorship, anyway?” Bloom wrote. “The parade must be brought back into the struggle as a part of it instead of remaining the grossly commercial spectacle it has become. We need to occupy the parade.”

 

Reports of grenade-type devices used in West Oakland raid

A high profile police raid occurred last night in multiple East Bay locations, with most activity centered at the Acorn public housing complex in West Oakland. According to recent news reports, some 150 FBI agents and support staff carried out the raid, along with 120 Oakland police officers and other law enforcement officers from San Leandro, Hayward and Antioch.

OPD Chief Howard Jordan told reporters at a press conference that the raid targeted the Acorn gang of West Oakland, and that officers made five arrests, served 16 narcotics and weapons warrants, and seized firearms, heroin, cocaine and marijuana.  

An official statement attributed to OPD spokesperson Johnna Watson in a Chronicle report suggested that police did not use force during the operation. This suggests OPD does not consider deploying grenade-type devices (considered to be “less lethal weapons”) to be “use of force,” because residents living nearby the Acorn housing complex at Eighth and Adeline streets told the Guardian that they heard loud bangs, probably from flash grenades, go off when the operation was underway around 7:30 Wednesday night.

A neighbor who lives nearby the apartment complex, who asked not to be identified, had a partial view of the police activity from their West Oakland residence. The person described the operation as “like a military presence” due to the sheer number of officers, many outfitted in SWAT gear, and “very precise,” targeting a specific address and lasting roughly an hour and 15 minutes. The streets surrounding the apartment complex were closed off for the duration of the raid.

The neighbor estimated that the flash grenades (or similar devices) were used five times, but since the explosions produce echoes, there could have been fewer deployments. The observer wasn’t able to see how they were used because there wasn’t a clear view of the unit, but heard the bangs in sequence. An OPD officer could be heard addressing occupants inside one of the units on a loudspeaker, reading out the address, telling them they were surrounded, and then saying something like, “you in the suit, get down, get down on the ground.”

The neighbor said they observed three people being removed from the unit and taken into custody – a man who was wearing a suit, a person in a motorized wheelchair, and a tall, younger-looking man. The arrestees were cooperative. 

The West Oakland resident also reported seeing an armored vehicle parked at the scene. A host of official OPD vehicles were parked along the street, along with unmarked cars including SUVs and white vans. 

More details about the massive police operation, the targeted gang, and the criminal activity the cops zeroed in on are sure to come out. A lot of outstanding questions remain, of course, including why officers decided to use the grenade-type devices. So far, OPD hasn’t responded to our email or voice message, but we’ll post the department’s response if we receive one.

Care clash

13

The first week in April was a rough time for Connie Salguero. The Filipina nursing assistant, who says she would’ve been eligible to retire in two years, reported to her shift at the University of California San Francisco medical center at Mt. Zion on April 1 — and was told she was laid off. Two days after that, she was forced out of her home through an eviction, but fortuitously met an elderly Filipina woman who said Salguero could stay with her until she gets back on her feet.

“This manager said to me, Connie, come here, let’s talk,” and delivered the bad news, Salgeuro recounted, getting a little misty-eyed. Two other Filipina hospital assistants in her unit met with the same fate that day, she said.

“I’m trying to find a job,” Salguero said. “It’s very hard. But I will survive.” She projected a sense of resolve despite the whirlwind of sudden stress, which seemed fitting for someone whose job entailed feeding, bathing, and assisting up to ten bedridden patients at a time, many of them suffering from cancer.

Salguero said management told her the layoffs were necessary because of the most recent wave of federal budget cuts. But Cristal Java, lead organizer for UC patient care technical workers’ union, AFSCME 3299, interjected during an interview with the Bay Guardian to refute that explanation, calling it “total crap. They don’t want to tell workers the truth,” Java said, “which is that the hospitals are extremely profitable.”

UCSF ELIMINATES 300 POSITIONS

Salguero is one of about 25 UCSF certified nursing assistants whose recent layoffs prompted AFSCME to register a formal complaint with the Public Employee Relations Board, an agency that mediates labor disputes. The CNA layoffs hit in March and early April as part of a raft of cutbacks that eliminated a total of 300 full-time equivalent positions. Some of those positions were unfilled while other staffers were reassigned elsewhere or had their hours cut; a total of 75 individuals were laid off.

The cuts prompted union representatives to organize a protest at UCSF’s Parnassus Campus April 4, with San Francisco Sup. John Avalos and California Sen. Leland Yee turning out in support of the workers. Salguero was there too, waving a sign, and she wound up telling her story for an international broadcast by a Filipino news station. Things took a dramatic turn when police arrived on the scene, and Union President Kathryn Lybarger and some others were escorted off the premises in handcuffs.

Asked to explain the rationale behind the layoffs, UCSF spokesperson Karin Rush-Monroe responded, “We evaluated the impact of the Affordable Care Act, expected reductions in Medicare, MediCal and private insurance reimbursements,” as well as employee benefits and rising costs in drugs and medical supplies, and ultimately decided on a 4 percent labor budget cut. “We must make a ‘course correction’ if we are to maintain our resources to care for our patients,” Rush-Monroe said.

But the staffing cuts hit just weeks after AFSCME published a blistering report, titled “A Question of Priorities,” charging that UC has prioritized profit margins at its medical centers since 2009 while needlessly eliminating frontline staff positions, all to the detriment of patient care.

“It feels very much like they’re chasing down the Wall Street model of business,” Randall Johnson, an MRI technologist at UCSF Parnassus Campus who is active with Local 3299, told the Guardian. “We’re pressed to move faster and faster and faster. It’s more about profit than it is about patient care.”

Steve Montiel, spokesperson for UC Office of the President, told us that UCSF is “consistently ranked as one of the top hospitals in the country by U.S. News and World Report,” and pointed out that the AFSCME report coincided with an ongoing contract dispute concerning patient care technical workers, which may lead to a strike authorization in the next few weeks.

DANGEROUSLY LOW STAFFING LEVELS?

Billed as a “whistleblower report,” AFSCME’s 40-page publication portrays an internal environment throughout UC medical centers in which staffers — particularly frontline workers — are exhausted, overburdened, and dangerously likely to make mistakes.

Peppered with anecdotal horror stories describing things like dried blood observed on operating room tables at facilities where custodial staffing was cut to a bare minimum, or an incident in which a mentally altered patient was found on a window sill at a medical facility where harrowed nursing assistants’ attention was divided too many ways, the report portrays an unsafe environment that seems out of sync with the system’s reportedly healthy earnings derived from patient care.

“Bring it up at bargaining, and you get told to kick rocks,” said union spokesperson Todd Stenhouse. AFSCME has called upon state agencies and lawmakers to investigate UC policies on “cutting costs, reducing staff, and maximizing revenue.”

“We’ve been getting lots of reports about short staffing, and no coverage for breaks,” said Tim Thrush, a diagnostic sonographer who works with patients experiencing complications in pregnancy, and has worked at UCSF for years. “If you get a break or a lunch, it seems to be rare — even though it’s state law.” Thrush added. “It looks to us … that UC’s response to us raising concerns … is to say, OK well then let’s make it worse. Let’s lay off a whole bunch of people.

“It’s been very disappointing,” he said, “and it’s getting to be kind of scary.”

The report emphasizes California Department of Public Health findings of violations relating to bedsores from 2008 to 2012. The sores can occur if a patient stays in one position for too long, causing reduced blood flow and damage to skin tissue, and have been linked to infection.

Among those affected by the layoffs were “lift and turn team” members, including care workers tasked with turning immobilized patients to prevent bedsores.

Ironically, Rush-Monroe, the UCSF spokesperson, noted in response to a Guardian query that a $300,000 “incentive pay” bonus CEO Mark Laret received in 2011 was based on multiple “clinical improvement goals” that had to be satisfied in order to qualify for the 2011 compensation increase. One of these targets was a reduction in the number of hospital-acquired bedsores.

While the union report points to rising instances of bedsores, and the UCSF administration claims they were reduced to the extent that the CEO was monetarily rewarded for the accomplishment, a quick look at scores on hospital ranking website California Hospital Compare showed that pressure sore rankings at UCSF are almost exactly even with the statewide average.

Meanwhile, hospital rankings of patient safety indicators on Health Grades, an online consumer ranking website, didn’t reflect any dramatic differences between patient safety scores at UCSF, CPMC or Kaiser Permanente.

QUESTIONS RAISED

In the midst of these staffing cuts, AFSCME charges, the $6.9 billion system has enjoyed robust finances, with UCSF earning $100 million in net revenue last year. Between 2009 to 2012, management positions increased by 38 percent system-wide, while payroll costs for managers grew by 50 percent, with an additional $100 million a year allocated to administrative staffing.

According to a 2013-14 budgetary report prepared at the UC level, the system’s network of public universities have suffered deep financial cuts while its five medical centers “have continued to flourish and grow,” and “enjoy robust earnings.”

A revenue breakdown in the UC budget report shows that 62 percent of medical center earnings system-wide were derived from private health care plan reimbursements, while about a third came from Medicare and MediCal, funded by the federal and state government.

Meanwhile, ASCFME’s report has raised eyebrows in the California Senate. Sen. Ed Hernandez, who represents part of Los Angeles County and chairs the Senate Health Committee, “has expressed an interest in looking at it further,” according to committee consultant Vincent Marchand. “We may decide to call a hearing” sometime in May to see if further action is warranted, he added.

Sen. Yee lambasted the UC system for what he called “blatant disregard for the working staff.” Yee said the layoffs raised concerns about the quality of patient care, saying, “How do you lay off 300 individuals and think that it’s not going to compromise patient care?”

Yee added that he thought the UC budget ought to be scrutinized when it goes before the Senate. “Although the Constitution gives the UCs of California tremendous autonomy via the Board of Regents, ultimately we in the Legislature still allocate dollars … so there is a legislative and moral responsibility that we need to exercise,” he said. “Are the dollars within UC being used appropriately to take care of patients and in ensuring their safety?”

CONSTRUCTION, COMPENSATION AND VIPS

In early 2015, UCSF will open its new Mission Bay complex, a 289-bed facility featuring a children’s hospital with an urgent/emergency care unit and an adult care unit for cancer patients. The estimated price tag for the project is about $1.5 billion, and construction costs associated the project were referenced in an Oct. 12 letter Laret, UCSF’s CEO, issued to hospital staff announcing the pending staffing cuts.

Thrush questions decisions made at the highest administrative levels. Laret is “eliminating 300 jobs, and we’re opening a new facility, and he’s getting a $300,000 bonus,” he said, referring to a “retention bonus” expected to be awarded this year, which could be followed by a $400,000 bonus in 2014. “Why is he getting a huge bonus if we’re having to lay off so much staff?”

With a total compensation of around $1.2 million in 2011, Laret’s salary seems excessive in comparison with that of frontline workers — and it is. At the same time, it seems to be within the realm of a CEO of a major medical facility, a quick Internet search reveals.

ACSFME’s report targets Laret specifically, saying he repeatedly emphasized to hospital staff, “When you see patients, you should see dollar signs.” Johnson, the MRI technician, told the Guardian he heard Laret make this statement years ago, when he first came on as CEO. “I know that some physicians were outraged by it,” he said. “I heard that the physicians told him to stop, and he stopped saying it.” UCSF did not respond to Guardian requests for a comment on this allegation.

The report also focuses on a practice of so-called “VIPs” — patients connected with the UC Regents or other influential persons — receiving preferential care. “I got called in on a Sunday to take care of a celebrity, because they had a headache,” said Johnson. “I’ve seen patients have to be on hold so we can scan the [VIPs]. They definitely get preference. I’ve been told, if one of those VIPs comes in, we have to get them on the scanner.” UCSF didn’t respond to Guardian questions concerning VIP patient treatment, either.

LABOR DISPUTE

Montiel, the media relations director for the UC system, responded to a Guardian query with a wholesale rejection of the detailed 40-page report, without directly addressing any of the allegations. Instead, he said the whole controversy arose from a labor rift over pension reform.

“These claims by AFSCME coincide with a bargaining impasse, and the scheduling of a strike vote by its patient care technical workers,” Montiel wrote in an email. “Quality of care is not the issue. The real issue is pension reform. AFSCME has resisted pension reforms that eight unions representing 14 other UC bargaining units have agreed to. The reforms also apply to UC faculty and staff not in unions.”

AFSCME recently announced that its membership would begin voting on April 30 over whether to authorize a strike, following months of stalled negotiations over a contract that expired last September. Stenhouse, the union spokesperson, called it “the impasse of impasses” yet suggested to the Guardian that the strike authorization vote was a side issue from the concerns raised in the whistleblower report. The workers are there to “provide patient care,” he told the Guardian. “They’re not making Buicks.”

“This report is about something much bigger than our members’ livelihoods,” Lybarger stated when the report was released. “It’s about whether the UC is prioritizing quality care for the millions of Californians who put their lives in our hands.”

Chiu and Herrera roll up their sleeves for spring cleaning in City Hall

For some time now, oft-labeled “power brokers” with undue influence in San Francisco city government have taken heat for failing to register as lobbyists. At the same time, politically connected insiders are often criticized for manipulating the permitting process for major real estate developments far outside the public gaze.

It’s said that sunshine is the best disinfectant. Yesterday, City Attorney Dennis Herrera and Board of Supervisors President David Chiu introduced a package of reforms designed to shed more light on lobbyists’ practices.

The new set of rules would tighten up lobbying regulations, create new disclosure rules for developers and their lobbyists, create more oversight around city contracting and grant-making, and require the publication of a guide for campaign donors spelling out Ethics laws regarding campaign contributions.

“We’re not demanding of anybody else anything different than we would demand of ourselves,” Herrera said, adding that he and Chiu had been working on drafting the proposal for months.

Chiu and Herrera both vied for the city’s highest office in competition with Mayor Ed Lee in 2011. Since beginning his term as mayor, Lee has drawn sharp criticism for his cozy relationships with former San Francisco Mayor Willie Brown, Chinatown consultant Rose Pak and a handful of others who are not registered as lobbyists.

Without mentioning anyone by name, Chiu noted, “I do think there are individuals who have not registered as lobbyists who probably should.”

The proposed rules would broaden the definition of “lobbyist” under the city’s Ethics regulations. The new definition would include “any individual who makes contact with” an elected official on behalf of an employer or anyone else paying them “for lobbyist services.” If someone makes $1,000 or more per month for lobbying, that person would be considered a lobbyist under the law.

The new legislation would also create new disclosure requirements for “permit expediters,” who work on behalf of developers to hasten the permitting process for major real estate construction. They would have to register with the city’s Ethics Commission and file regular reports about their contacts with city officials. Developers with major planning projects in the pipeline would also have to disclose donations of $5,000 or more to city-based nonprofits.

Chiu noted that he and Herrera had consulted with Friends of Ethics, a group of government accountability advocates that’s been pushing for Ethics reform, for help drafting the proposal.

Chiu and Herrera also acknowledged that better enforcement of existing laws was needed in addition to the proposed legislative reforms. “Our city could be more proactive in enforcing our Ethics laws to the fullest,” Chiu said. “Not just the letter of the law, but the spirit of the law.”

Wells Fargo foreclosure fighters: They’re baaaack!

See an update at the end of this article.

 A group of activists focused on organizing against Bay Area foreclosures will return to Wells Fargo’s San Francisco headquarters today for a protest timed to coincide with the banking giant’s shareholders’ meeting – even though the meeting was moved to Salt Lake City, Utah this year. (Perhaps the change of scenery had something to do with what happened last year, or the year before?)

Unfazed, the Alliance of Californians for Community Empowerment has sent some homeowners who are facing bank foreclosure on a road trip to Utah to bring their message to CEO John Stumpf in person, according to ACCE organizer Erin Franey.

Meanwhile, in San Francisco, activists focused on fighting foreclosure will congregate outside the bank’s Mongtomery Street headquarters. “Wells is foreclosing on more homeowners in California than any other bank,” says Franey, adding that there are currently 11,000 California homes in the foreclosure pipeline.

In attendance at this afternoon’s San Francisco rally will be Bernetta Adolf, a cancer survivor in her late 60s who has also struggled with blindness, a particularly challenging disability that forced her to retire from her city job as a Muni driver.

Adolf is locked in a battle with Wells Fargo over the foreclosure of her home in San Francisco’s Oceanview-Merced-Ingleside neighborhood. The trouble started when she borrowed against the home she’s lived in 20 years, to fund her son’s college education.

“It turns out the loan to provide for my son’s future was designed to ruin my own,” Adolf wrote in an online statement. “It was predatory, calculated to strip my equity and set me up for failure. When I tried to work with Wells to fix the loan, they offered a modification so small it didn’t make any difference. Then they started trying to take my house. The stress hastened my blindness and continues to aggravate my health problems.”

UPDATE: Wells Fargo spokesperson Ruben Pulido contacted us in response to this article and requested that we post a statement in response:

“Our foreclosure rate in 2012 fourth quarter was just 1.04 percent in California—less than half our national rate (2.1 percent) during that period.

Over the past four years, Wells Fargo has helped more than 850,000 customers nationwide with loan modifications, and has helped customers through $6.6 billion in principal forgiveness; the majority of that principal forgiveness has gone to borrowers in California.

When customers with financial challenges choose to work with us, we help 7 of 10 avoid foreclosure. Over the last 6 months, customers who completed a foreclosure were, on average, 19 months past due on their payments.”

Bay Area groups critical of immigration reform proposal

Olga Miranda, secretary treasurer of the San Francisco Labor Council and president of SEIU Local 87, did not mince words when sharing her initial reaction to the proposed federal immigration reform bill, which was unveiled April 16 by a bipartisan group of senators.

“If it was myself and our members at the bargaining table, we would walk away,” Miranda said. “This proposal is nothing more than an offense to the community.”

Miranda was speaking at an April 17 press conference held by the San Francisco Bay Coalition for Immigrant Justice, staged at the Asian Law Caucus’ San Francisco headquarters. While many speakers said they welcomed the immigration reform bill as an important “starting point,” all were clear that they saw serious flaws in the proposal and planned to spend the next several months pushing for improvements.

“We applaud the inclusion of a path to citizenship in the bipartisan legislation for millions of undocumented people currently living as second class citizens,” said Francisco Ugarte, senior immigration attorney at Dolores Street Community Services. “However, there are problems with the bill, which creates long waiting periods to adjust, excessive fines and unclear language and employment requirements.”

In a statement, coalition members described the bill’s proposed path to citizenship as “long and onerous” due to provisions such as a decade-long wait for a green card, and ineligibility for any undocumented immigrants who arrived in the U.S. after 2011.

Concerns were raised that families would continue to be separated, a frequent consequence of deportation. “The bill, as it is, does not put an end to the deportations,” said Cinthya Muñoz of Causa Justa / Just Cause. “In California, close to 94,000 people were deported” last year, she added. “As Californians, our representatives need to stand strong to call for an end to deportations before negotiations continue.”

Miranda was critical of a proposal to require the use of the federal E-Verify system. “Forcing employers to check all workers’ immigration status against flawed databases like E-Verify reduces the power of all workers,” she said. “And it would threaten the jobs and privacy of many citizens and work-authorized immigrants.”

Anoop Prasad of the Asian Law Caucus criticized proposed changes to the existing process for legal, family-based immigration, saying the elimination of visas for entire groups of family members would particularly impact Asian communities, such as those residing in San Francisco’s Chinatown. The overwhelming majority of Chinatown residents came to the U.S. as sons and daughters or siblings of employment-based immigrants, he explained, but under the proposed rules, meeting the qualifications for a visa would be more difficult due to a the elimination of certain family immigration categories.

Instead of placing emphasis on the presence of a family member in the U.S., a proposed “merit based” visa would be scored on factors like higher education, English proficiency, and employment, Prasad added. But activists also raised concerns that requirements for English language proficiency would inevitably exclude many monolingual immigrants.

Amos Lim, representing Out 4 Immigration, said LGBT couples would face particular challenges too, because no specific language was included to allow same-sex partners the same immigration privileges as heterosexual married couples. “Immigration law in this country has always been about excluding people,” Lim told the Guardian. “We need to make sure that we are included.”

The coalition is planning a May 1 march and rally in San Francisco to call for improvements to the immigration reform bill. It will begin at 24th and Mission at 3pm and proceed to Civic Center for a 5pm rally.

Follow @byRebeccaBowe

Is there such a thing as “green” fracking?

Michael Klein is an unlikely oil industry executive. He’s also an unlikely environmental activist. For many years, the affluent San Franciscan was a major donor and chair of the board of the Rainforest Action Network, an environmental organization famous for its aggressive agitation targeting timber giants, coal companies, air polluters, and the dirty energy financiers of Wall Street.

But he’s stepped down from that role, and has since helped form a company called Hydrozonix, which might be called a “green” fracking enterprise.

Hydrozonix provides water treatment systems for the oil and gas exploration industry, and seeks to eliminate the use of two particularly nasty fracking-fluid chemicals known as biocides and scale inhibitors. It also gives companies a way to treat and recycle wastewater fluid. The company just completed its first year of operations, Klein told us, with 12 systems reportedly up and running in Texas oil fields.

Does this mean a die-hard environmentalist has crossed over to the dark side? “It was never an easy decision,” Klein told us. “I never thought I would tell anybody that I’m in the oil business.”

He hasn’t exactly turned into a climate change denier.

“I believe we have to stop using carbon based fuels as soon as possible,” Klein says without hesitation, “and find the political will to put a price on carbon.” He also supports a temporary moratorium on fracking. But he claims he’s only trying to make fracking “dramatically safer” in the interim, because “until we stop subsidizing [fossil fuels], the alternatives are at a severe disadvantage.”

Since entering the biz, however, Klein’s no longer convinced by arguments made by proponents of a permanent ban on fracking in California, which revolve around health and safety concerns. “I’ve come to the conclusion that if best practices are used, it’s … considerably safer than deepwater drilling,” he told the Guardian. “I do believe it can be done without concerns about contaminating aquifers or poisoning everyone.”

For a more on fracking in California, pick up a copy of this week’s Green Issue or read it here.

Follow @byRebeccaBowe

Is there a “green” way to frack?

5

Michael Klein is an unlikely oil industry executive. He’s also an unlikely environmental activist. For many years, the wealthy San Franciscan was a major donor and chair of the board of the Rainforest Action Network, an environmental organization famous for agitating aggressively against timber giants, coal companies, air polluters, and the dirty energy financiers of Wall Street.

But Klein stepped down from that role, and has since helped form a company called Hydrozonix, which might be called a “green” fracking enterprise.

Klein’s company seeks to eliminate the use of two particularly nasty fracking-fluid chemicals, known as biocides and scale inhibitors, while giving companies a way to treat and recycle wastewater fluid. Hydrozonix just completed its first year of operations, with 12 systems up and running in Texas oil fields. Does this mean Klein has crossed over to the dark side? “It was never an easy decision,” Klein told us. “I never thought I would tell anybody that I’m in the oil business.” He hasn’t exactly turned into a climate change denier. “I believe we have to stop using carbon-based fuels as soon as possible,” Klein says without hesitation, “and find the political will to put a price on carbon.” He also supports a temporary moratorium on fracking. But he claims he’s only trying to make fracking “dramatically safer” in the interim, because “until we stop subsidizing [fossil fuels], the alternatives are at a severe disadvantage.” But since entering the biz, he’s no longer convinced by the arguments made by proponents of fracking bans who cite health and safety concerns. “I’ve come to the conclusion that if best practices are used, it’s … considerably safer than deepwater drilling,” he told the Guardian. “I do believe it can be done without concerns about contaminating aquifers or poisoning everyone.”

By the numbers

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rebecca@sfbg.com

77: Years before climate scientists say the Sierra Snowpack, the state’s largest reservoir, could dwindle to half its historic size. [Source: Fact Sheet, California Air Resources Board]

2,500,000,000,000: Barrels of “produced” wastewater generated by onshore oil and gas wells in California in 2011.

[Source: California Department of Conservation]

2,294: New oil and gas wells drilled in California in 2011.

[Source: California Department of Conservation]

565: Gigatons of carbon that can be burned before global average temperatures rise by 2 degrees Celsius, the ceiling target established by the Copenhagen Accord to avert the worst consequences of global climate change.

[Source: 350.org]

2,795: Gigatons of carbon held in reserves by the world’s oil and gas companies, which would emit five times the “safe” amount of carbon into the atmosphere if burned.

[Source: 350.org]

$26,200,000,000: Annual profit reaped by San Ramon-based Chevron last year — the oil company’s second-highest profit ever earned.

[Source: San Francisco Chronicle]

$1,000,000: Approximate amount Chevron was fined by state regulators for the Aug. 6, 2012 Richmond Refinery fire, which resulted in about 200 hospital visits due to exposure to toxic fumes.

[Source: LA Times]

656,576: Miles of waterways, representing 55 percent of all rivers and streams in the U.S., ranked in “poor” condition in the EPA’s latest assessment, meaning they can’t support healthy aquatic life.

[Source: US EPA]

13,144: Miles of U.S. waterways where fish are not safe for human consumption, due to high levels of mercury.

[Source: US EPA]

16: Inches sea level is expected to rise in the San Francisco Bay by 2050, according to climate change scenarios.

[Source: Bay Conservation and Development Commission]

55: Inches sea level is expected to rise in the San Francisco Bay by 2099, according to climate change scenarios.

[Source: Bay Conservation and Development Commission]

234,167: Metric tons of greenhouse gases Pacific Gas & Electric Co. reported emitting in San Francisco in 2011, from natural gas distribution.

[Source: U.S. EPA]

195,061: Acres of pine or fir forest it would take to absorb PG&E’s 2011 San Francisco greenhouse gas emissions, assuming CO2 absorption for one year. (Roughly 6.5 times the land area of SF.)

[Calculation based on California Air Resources Board million metric ton equivalents]

$500,000,000: Estimated San Francisco Employee Retirement System holdings in 81 fossil fuel companies including Chevron, BP, Exxon Mobil, Occidental Petroleum and Arch Coal.

[Source: SFERS]

Fracking changes everything

31

In December 2012, the federal Bureau of Land Management held an annual auction for oil and gas development rights on federal territory in California, offering up wild lands in Fresno, Monterey, and San Benito counties. It sold off leases to 15 parcels, totaling nearly 18,000 acres. One bidder was a subsidiary of Occidental Petroleum, an oil company that drilled 675 new wells in California in 2011 alone.

The BLM affair works like any other auction: Bids are made verbally, and leasing rights are awarded to the highest bidder. Every last acre was snapped up, locking companies in for 10-year leases.

The average bid per acre? $4.21. The highest bid per acre? Ten bucks. The total federal government revenue? Just over $100,000.

The fact that oil companies can buy up mining rights to such a vast area of public land, for the price equivalent of about a tenth of a house in San Francisco, is nothing new. But this land auction was significant because BLM turned a blind eye to fracking, an oil and gas extraction technique that’s fueled widespread opposition. BLM green-lighted the leases based on an official assessment projecting that no more than a single acre of land would be disturbed by the anticipated oil drilling, the same argument used to justify the previous year’s auction.

Such a scenario may have been realistic in 2006, when the governmental agency drafted the document it relied on to make such a rosy prediction. But technological advancement has transformed the fossil-fuel sector over the past six years, and the oil industry is buzzing about vast untapped potential contained within the Monterey Shale, a leviathan geologic formation that extends across a major stretch of California, including beneath the federal lands in question.

“The Monterey area has become a focal point,” says Brendan Cummings, “because, but for fracking, these areas would never get tapped for oil.” An attorney with the Center for Biological Diversity, Cummings splits his work between offices in Joshua Tree and San Francisco. He led the Center in a lawsuit against BLM over its 2011 oil-and-gas lease auction, which affected 2,500 acres, arguing that the government should have realistically assessed the environmental threats posed by fracking before it started handing out drilling rights.

“Fracking changes the economics of oil,” Cummings says. “Fracking changes everything.”

And it’s happening all over California, and growing at a rapid rate.

 

 

DRILLING ON STEROIDS

Sounding more like an approximate substitute to circumvent a television ban on profanity, “fracking” is short for hydraulic fracturing. It consists of pumping high-pressure fluids up to 15,000 feet underground and into “horizontal wells” that can fan outward for a mile or more, with the aim of smashing up the shale formations. While a form of fracking has been in use for decades to “rework” oil wells, the kind of high-pressure, high-temperature operations now being employed represent a departure from traditional methods.

The exact contents of the proprietary fracking fluids are mostly secret, but they’re known to contain high volumes of water, sand, and a patented blend of toxic chemicals, sometimes incorporating acid to make the rock brittle enough to fracture.

“Once they’ve fracked up the shale,” explains Adam Scow, California campaigns director at San Francisco-based Food and Water Watch, “they can pump indefinitely.” It’s a short-term, expensive operation, Scow says, amounting to “drilling on steroids.”

On April 8, a federal judge ruled that the Obama Administration had violated federal law in the 2011 BLM auction by failing to first conduct an environmental impact study on fracking. It’s too soon to say how this will affect the 18,000 acres auctioned off in December, but Cummings says he expects to be back in court before long.

Yet the ruling has no effect on the oil wells already dotting the landscape in places like Kern County, an area already marked by poor air quality that supports the highest concentration of fracking operations in California. And for every acre of federal land now tied up in court, there are thousands more private parcels susceptible to being radically altered by fracking.

The U.S. Energy Information Administration estimates that the Monterey shale formation, which extends from the northern San Joaquin Valley to Los Angeles County and westward to the coast, holds more than 15 billion barrels of oil.

It’s an astounding quantity that dwarfs that of the Bakken Formation, which has helped light up North Dakota’s economy with a fracking boom, or the Eagle Ford Shale in West Texas, each of which are estimated to contain between 3 and 4 billion barrels.

 

 

NO SPECIAL PERMIT REQUIRED

Once a company has obtained a permit to extract oil and gas, “the state doesn’t require companies to get a permit to frack,” explains Scow, so it’s unknown just how much it’s currently happening. Voluntarily reported industry data shows that at least 91 wells were fracked in California between January 2011 and April 2012. Yet in 2011 alone, state records show, 2,294 new wells were drilled, while 3,376 notices were filed to “rework” existing wells.

In California, oil and gas drilling is regulated by the Division of Oil and Gas Resources. Speaking at a forum at the Commonwealth Club hosted by Climate One on April 2, Mark Nechodom, director of the California Department of Conservation, said DOGR never required reporting on fracking because it’s “one short blip” in oil production.

“In our historical use of fracturing in California, we have had no evidence that there is any environmental damage or hazard to human health—no evidence, I am saying—and therefore we have not required reporting,” said Nechodom, whose agency presides over DOGR. “Now we are requiring reporting and we are in the middle of developing a regulation for that.”

Nevertheless, the prospect of a pending California fracking boom on top of the loosely regulated activity already underway has galvanized Bay Area environmentalists. A host of environmental organizations are planning to form a coalition in the next several weeks to push for a permanent ban on fracking, targeting Gov. Jerry Brown.

Unchecked fracking could unleash a host of problems, says Scow, including a high risk of tainted groundwater, harmful air emissions, a spike in atmospheric carbon from the release of underground methane, and possibly even more frequent earthquakes due to wastewater disposal deep below the earth’s surface, which can destabilize faults.

“The process is just too dangerous,” he says. “There’s no safe way to frack. In the long term, we want fracking banned.”

 

 

OIL AND WATER

Policy discussions about fracking often arrive at the “Halliburton loophole.” In 2005, the story goes, when the federal Energy Bill was being drafted under the Bush Administration, then-Vice President Dick Cheney orchestrated the inclusion of a perplexing provision exempting “hydraulic fracturing” from the Safe Drinking Water Act.

Cheney famously presided over Halliburton, a company that invented a precursor to modern-day fracking in the 1940s. Few understood what it meant at the time, but the ascendance of fracking has made it clear that the loophole amounted to a munificent gift to the oil industry, clearing the way for rigs to bore downward and outward with toxic underground fluid injections unencumbered by regulatory slowdowns — all to the detriment of safe drinking water.

“The Safe Drinking Water Act loophole has really created a problem for us,” Steve Craig, an olive rancher from Monterey County, noted while speaking at the Commonwealth Club panel.

Craig described the frustrating process of trying to get agencies to intervene in a fracking operation nearby his ranch, right along the Salinas River. “At this point, we don’t know what’s in the fracking fluids. How can you know if it’s a problem if you don’t know the content of the chemistry? It’s not fair to the public to hide behind that trade secret veil and expect us to live with it.”

The risk of groundwater contamination tops Scow’s list of nightmarish scenarios. Fracking fluids can contain benzene and other carcinogens, as well as compounds linked with kidney or nervous system problems. “Once fracking fluid is injected underground, much of it stays underground indefinitely,” a Food and Water Watch issue briefing notes. “There is a network of different pathways through which contaminants … could flow into and contaminate groundwater.”

And since groundwater is drinking water in some places, Scow says this possibility is a major concern. “Prevention is really the key here,” he says. “We’re talking about some nasty stuff that could be irreversible.”

 

TOUGH FIGHT AHEAD

On April 29, the Assembly Resources Committee is scheduled to take up two nearly identical pieces of legislation that would impose indefinite moratoriums on fracking. The practice has already been subject to moratoriums in New York and New Jersey, and was permanently banned in Vermont and nationwide in France and Bulgaria.

But there’s likely to be stiff resistance, because for oil companies, fracking may as well be California’s modern-day gold mine.

“We’ve been a major petroleum state for a number of years, and the governor has indicated strongly that we want to continue to do that,” Dave Quast, head of an industry association called Energy in Depth, noted at the Climate One panel. “It’s been done safely, and it will continue to be done safely, and we should all be excited about that,” because it’s preferable to importing oil from the Middle East or places with weaker environmental regulations, Quast said.

But there’s a larger question: Do we really want to be burning more oil? If every last barrel of oil were extracted from the Monterey shale, says Scow, it could indeed meet the nation’s total oil needs — but based on current consumption rates, it would be entirely burned up in less than three years.

“Burning the 15 billion barrels of oil — even if that were some kind of achievement,” Scow says with a wry laugh, “is still going to make our climate crisis worse.”

Alerts

0

WEDNESDAY 24

Forum: Art and politics with Rebar 518 Valencia, SF. rebargroup.org. 7:30-10:30pm, free. Operating in San Francisco since 2004, Rebar has been transforming cities with urban art and creative actions with an aim toward reclaiming the city by and for citizens themselves. Join founder and principal Blaine Merker for a discussion exploring how people both inside and outside positions of power can help the city benefit from urban art and other creative actions.

THURSDAY 25

Protest Gap sweatshops Gap Headquarters, 2 Folsom, SF. laborrights.org/gappetition. Noon, free. Call on the Gap to pay 10 cents more per garment and to join a fire safety agreement to improve conditions in their overseas garment factories. Sumi Abedin, a Bangladeshi garment worker who survived a factory fire that killed 112 workers producing garments for Walmart, and Bangladeshi labor organizer Kalpona Akter will attend this action. Sponsored by Corporate Action Network, International Labor Rights Forum, San Francisco Jobs with Justice, SumOfUs, SweatFree Communities, and United Students Against Sweatshops.

Muslim women’s transformative activism panel California Institute of Integral Studies, 1453 Mission, SF. tinyurl.com/ciismuslimwmn. 7-9pm, $15. RSVP. Facilitated by Dr. Anshu Chatterjee, this panel aims to spotlight the activism of Muslim women. Panelists include Samina Ali, a novelist, feminist organizer and curator of the International Museum of Women; Ghazala Anwar, a pioneer in the movement of LGBTIQ Muslims, and Jane Sloane, Vice President of Programs at Global Fund for Women.

FRIDAY 26

“Pipeline Paradigm” panel Commonwealth Club, 595 Market, SF. tinyurl.com/pipelinepdgm. 11:30am, $20 or $7 for students. Hosted by Climate One, this talk on the Keystone XL pipeline will focus on why the controversial oil pipeline project has inspired “the largest expression of civil disobedience since the Civil Rights movement of the 1960s.” Featuring Sam Avery, author of The Pipeline and the Paradigm, and others in a conversation about climate and activism.

Conference: Socialism versus capitalism Niebyl Proctor Marxist Library, 6501 Telegraph Ave. Oakl. sfsocialistaction@gmail.com, 510-268-9429. 7pm, $5-$10. This three day event will feature a host of speakers exploring socialist theory, attacks on civil liberties, and movements against the corporate elite.

SATURDAY 27

Annual Walk Against Rape The Women’s Building, 3543 18th St, SF. www.sfwar.org/walk. 11am, free. Registration required. Join the movement against sexual violence by participating in the Walk Against Rape. Registration begins at 10am. Followed by a festival from 1-3pm featuring dance, spoken word and musical performances.

SUNDAY 28

Public forum on education and the forces of gentrification San Francisco Community School, 125 Excelsior, SF. www.politicaleducation.org. 3-6pm, free. Pauline Lipman, an activist scholar and organizer with Teachers for Social Justice in Chicago, will lead a dialogue on the intersection between school closures, the attacks on City College of San Francisco, and the forces of gentrification.

 

Proposal would halt condo conversions for ten years

San Francisco Supervisors Norman Yee, Jane Kim and Board President David Chiu gathered with a cluster of tenant advocates at City Hall April 15 to unveil a proposal billed as a more equitable alternative to a highly controversial condominium conversion legislation that’s fueled a months-long battle over affordable housing.

Crafted with the input of tenant advocates, the new plan seeks to amend controversial legislation proposed earlier this year by Sups. Scott Wiener and Mark Farrell to allow a backlog of approximately 2,000 housing units to convert immediately from jointly held tenancies-in-common (TICs) to condos.

The proposal would effectively shut down the city’s condo conversion lottery for a minimum of 10 years, a measure aimed toward ending the cycle of real estate speculation that tenant advocates say has given rise to a spike in evictions in San Francisco’s supercharged housing market.

The proposal would still allow a current backlog of TICs to convert to condos without having to wait in a lottery system created to limit the number of units lost from the city’s rental housing stock. The board’s Land Use and Economic Development Committee, which is currently in session, will take up the legislation and proposed amendments later this afternoon.

The 10-year suspension on condo conversions would allow time for permanently affordable units to be built in place of the rental units that would be lost in the one-time conversion, proponents of the alternative legislation said. “If more affordable housing isn’t produced, then units don’t get to convert,” Housing Rights Committee executive director Sara Shortt told the Guardian. 

Chiu stressed that the proposal was crafted to “ensure that as we expedite condo conversions … we protect tenants by suspending the lottery for at least 10 years.”

The 10-year minimum suspension is based on current regulations capping condo conversions at 200 per year. It would last a decade because an estimated 2,000 units would be converted, but could last longer than that.

“For example, if 2,200 units are converted,” Chiu explained, “the suspension would last for 11 years.”

Meanwhile, the proposal would require the conversions that would be intially allowed to be staggered over the course of three years.

The plan “puts the Board of Supervisors on record that we strongly believe in preserving our affordable housing stock,” said Sup. Yee, adding that the package of amendments seeks to “address the risk of speculation that will ensue with a large number of TICs being converted to condominiums.”

The Wiener-Farrell proposal spurred a months-long opposition campaign led by tenant advocates, who said it would permanently remove affordable rental units from the city’s housing stock and incentivize evictions of long-term tenants at a time when Ellis Act evictions are already on the rise. 

“Condo conversions are the number one reason why people are being evicted from the city,” San Francisco Tenants Union executive director Ted Gullicksen said at the April 15 rally and press conference.

Wiener and Farrell’s proposal was presented as a way to remedy TIC owners’ complaints that onerous shared mortgages had left them financially strapped.

But Sup. David Campos, who also appeared at the rally, commented that the real challenge “is for the renters who are finding it very hard to live in San Francisco.”

Campos seemed dubious that a one-time condo conversion should be allowed to move forward at all. “If anything, I think we should be doing more to protect tenants,” he said. “My hope is … if it’s something we cannot live with as a community, we will make sure it dies,” he added, referring to the original condo conversion proposal. 

In an earlier attempt to strike a compromise between TIC owners and tenant advocates, “negotiations broke down quickly,” Shortt said in an interview. At the rally, she said this alternative was “drafted in a way that’s not trying to meet any political agendas.”

For many elderly and low-income tenants who have few options if they are faced with eviction, “there is no price tag that you can put on their units,” said Matt McFarland, a staff attorney at the Tenderloin Housing Clinic, who spoke at the rally. “Their most valuable possession is the long-term rent control on their property. For these tenants, it’s basically a death sentence when you get these eviction notices.”

Checks from mayor’s mysterious breakfast companions mysteriously absent

In less than three months, custom made super yachts will zip around the San Francisco Bay in the ultimate competition for the prized America’s Cup. But San Francisco could wind up spending millions more than originally expected to host this prestigious sailing regatta.

At a March 13 committee hearing at the Board of Supervisors, America’s Cup Organizing Committee CEO Kyri McClellan reported that Mayor Ed Lee was investing an “incredible amount of energy” into helping ACOC with fundraising efforts to avert a city funding shortfall. He was even said to be hosting “breakfasts with CEOs” to solicit funding, McClellan said.

Who are the CEOs? Nobody will say.

How much has each of them pledged to give? Nobody will say.

When the Guardian submitted these questions to Lee, McClellan, and Stefanie Roumeliotes – whose SGR Consulting firm was wheeled in at the last minute to organize fundraising events – none answered directly.

McClellan responded on April 9 with a copy of a letter she sent to Mayor Lee and Board President David Chiu on the day of the hearing, which she indicated was “the most recent update on fundraising.” Roumeliotes, for her part, told the Guardian flat out to stop calling, because her firm was not going to answer any questions.

So far, it appears that none of the mayor’s fundraising meetings, which took place from January 25 to March 4, resulted in his unnamed breakfast companions writing out actual donation checks.

Had they contributed funding, the donation amounts would have been reflected in “behested payment” forms filed with the San Francisco Ethics Commission, required under state law to be submitted 30 days after a contribution is made.

Elected officials are “supposed to file behested payment [forms] for … legislative, governmental or charitable purposes,” Ethics Commission chief John St. Croix told the Guardian, so donations relating to the America’s Cup would fall squarely into this category. Those forms are supposed to filed internally by department, then sent onto Ethics. So far, none have been recorded.

“If there are such forms that the mayor filled out,” St. Croix told the Guardian, “they’re not getting forwarded.”

Meanwhile, McClellan’s March 13 letter suggests that recent fundraising efforts have yielded only $1.4 million – which won’t actually be in hand till next year. That’s a far cry from the estimated $15.6 million funding gap race organizers say is needed to cover San Francisco’s estimated $22.5 million billionaires’ boat race tab. As the fundraising arm of the race organizing committee, ACOC promised in an initial agreement that it would “endeavor to raise” the amount needed to defray city costs. Thus far, it’s paid $6.8 million.

In her letter to Lee and Chiu, McClellan suggested that roughly $13 million of that $15.6 million shortfall would be accounted for in “forecast General Fund revenues.” That translates to additional money harvested from visitors’ pockets via sales and hotel taxes, with some payroll taxes and parking fees sprinkled in, all associated with the America’s Cup events. Little-guy money.

And thanks to the little guys, ACOC’s new fundraising goal is much more attainable. “The SFACOC continues to endeavor to raise the funds,” McClellan wrote. “At a minimum that is $2,670,851 of which we already have $1,400,000 in existing pledges that are to be received by January 2014.”

 

San Francisco has a lot of money tied up in fossil fuels

The San Francisco Employees Retirement System has more than $113 million in holdings in Exxon Mobil. It’s a lucrative investment in a dirty business. On March 29, Exxon’s Pegasus Pipeline ruptured, spilling as much as 7,000 barrels of oil in a toxic slick that coated a residential Arkansas neighborhood and prompted the evacuation of 21 homes.

SFERS also has $60 million invested in Chevron, which has its own checkered history. Environmentalists have long shamed the oil giant for its “toxic legacy” in Ecuador, but closer to home it was recently fined nearly $1 million for workplace violations arising from last year’s Richmond Refinery blaze. That incident sent a column of toxic smoke skyward, and resulted in about 200 hospital visits for respiratory problems from the fumes.

Further down the list of SFERS’ public equities holdings in fossil fuels is $28 million in Royal Dutch Shell, a company whose name, in some circles, is synonymous with human rights abuses in Nigeria. (Shell was also tapped to administer San Francisco’s CleanPower SF program, but that’s another story.)

The retirement system also has about $18 million tied up in Occidental Petroleum, a major player in the fracking industry that was responsible for drilling 675 new oil wells in California in 2011 alone, according to industry data. The retirement system portfolio includes about $5.4 million in BP, the company responsible for the infamous Deepwater Horizon explosion and epic oil spill in the Gulf of Mexico three years ago.

And the city’s retirement portfolio includes more than $1.2 million in Arch Coal, one of the largest coal suppliers in the U.S., which has faced millions in fines for Clean Water Act violations and was sued for firing a miner who complained about unsafe working conditions.

SFERS provided the Guardian with details of its energy company holdings in response to a public records request.

Earlier today, the Budget and Finance Subcommittee of the San Francisco Board of Supervisors took up a resolution, introduced by Sup. John Avalos, to urge SFERS to divest from fossil fuel companies.

The resolution is nonbinding; even if it unanimously passes at the full Board in a couple weeks, SFERS is under no legal obligation to tweak its investment portfolio. But support for such a strategy is gaining momentum as major environmental organizations seek to bring the issue of climate change to the forefront.

Avalos’ resolution was inspired in part by 350.org, an organization that has sowed the seeds for divestment campaigns at 260 colleges and universities nationwide. Celebrated 350.org founder and environmental writer Bill McKibben is betting that the kids are going to win. His campaign hinges on the idea that the planet can only sustain combustion of another 565 gigatons of carbon before things really go off the rails climate-wise; the industry has five times as much in reserve.

Despite San Francisco’s green reputation, change is likely to happen slowly, if at all. According to numbers shared by Retirement Board executive director Jay Huish at the April 10 hearing, SFERS has a total of some $500 million tied up in companies that deal in dirty energy. That’s substantial, and there could be more on the private asset side. “We gave them a list of 200 fossil fuel companies” targeted by environmentalists because they hold underground carbon reserves, noted Avalos aide Jeremy Pollock. “They had stock in 81.”

Avalos’ divestment resolution cleared the way to proceed to the full board, but only after Sup. Mark Farrell requested a couple amendments.

Farrell asked to add language making it clear that the retirement board could receive a lower return on investment if went through with divestment, and inserted another clause to underscore the point that the Board resolution shouldn’t infringe upon SFERS’ “fiduciary responsibility.”

The resolution is expected to go to the full Board on April 23.

Silent sting

12

rebecca@sfbg.com

If the FBI is trying to track down a suspect in your neighborhood, investigators could sweep up information from your mobile device just because you happen to be nearby.

It’s been going on for years with little public notice or attention.

Records obtained through the Freedom of Information Act request shed new light on a surveillance device known as a Stingray that allows law enforcement to automatically collect cell phone data from potentially hundreds of subscribers in a given area — even when the vast majority of those affected have nothing to do with the criminal investigation at hand.

The documents came in response to an FOIA request from the Bay Guardian and the Northern California Chapter of the American Civil Liberties Union.

Stingray is a brand name; the devices might also be known as a Triggerfish, a digital analyzer, a cell site emulator, or an IMSI catcher, the latter being a technical term describing the gadget’s ability to detect International Mobile Subscriber Identities. It essentially behaves like cell phone tower, putting out a strong signal that tricks mobile devices into connecting automatically.

If there are 200 cell phone customers in an area where it’s being deployed, all of their phones will automatically connect to the device.

Once cell phones are talking to the Stingray, the device scoops up digital information and uses it to help agents ferret out their target. Some Stingrays have the capability to capture actual content — texts or telephone conversations — while others act like eyes and ears that can guide police to the precise geographic location of a targeted suspect, even within a couple meters.

And it doesn’t even require a warrant.

“You can operate it without having to involve the cell phone providers at all,” Peter Scheer, executive director of the California First Amendment Coalition, told us. His organization helped a journalist obtain records about the Los Angeles Police Department’s use of Stingrays.

“The service providers, while they don’t stand as a major barrier, tend to insist on police having some kind of judicial authorization,” Scheer said. “It has been an important check on police use of these technologies.”

MANY AGENTS USING IT

The FBI initially refused to provide the documents, but after the ACLU filed suit, the U.S. Attorney for the Northern District of California finally released some information, including a particularly juicy set of internal emails documenting federal agents’ use of these devices.

In one of the emails, Criminal Division Chief Miranda Kane wrote: “Our office has been working closely with the magistrate judges in an effort to address their collective concerns regarding whether a pen register is sufficient to authorize the use of law enforcement’s WIT technology … to locate an individual.”

(“WIT technology” is described as a box that simulates a cell tower and can be placed inside a van to help pinpoint an individual’s location with some specificity.”)

Kane added: “Many agents are still using [this] technology in the field although the pen register application does not make that explicit.” In a clarifying email sent later on the same thread, Assistant U.S. Attorney Kyle Waldinger noted: “Just to be super clear, the agents may not use the term ‘WIT’ but rather may be using the term … ‘Stingray.'”

Kane’s reference to a “pen register application” describes a request for court approval to use an investigative tactic that can trace the outgoing numbers dialed from a particular phone. While Stingrays can potentially sweep in hundreds of cell phone customers’ information, pen-register wiretaps focus narrowly on the digits being punched in by one individual.

The US Supreme Court ruled in 1979 that the use of a pen register is “not a search under the Fourth Amendment,” Susan Freiwald, a law professor at the University of San Francisco, told us. That means law-enforcement agents don’t need a full-scale search warrant. And court orders permitting pen-register wiretaps are “really easy to get,” Friewald explained.

To secure a judge’s blessing, law enforcement agents need only to submit complete applications and show that the phone numbers dialed are “relevant” to an investigation.

Kane’s email, dated in 2011, is significant because it suggests that “many agents” were using Stingrays for investigations after clearing only the low hurdle of court approval for a pen register. “The federal government was routinely using Stingray technology in the field, but failing to make that explicit in its applications to the court to engage in electronic surveillance,” ACLU Staff Attorney Linda Lye wrote in a recent blog post. “When the magistrate judges in the Northern District of California finally found out what was happening, they expressed ‘collective concerns,’ according to the emails.”

The revelation is closely tied to an electronic surveillance case that’s currently making its way through court, most recently prompting the ACLU and the Electronic Frontier Foundation to file an amicus brief challenging the constitutionality of a Stingray use.

TRACKING A HACKER

It all began back in 2008, when FBI agents used the technology to track down a hacker and alleged fraudster named Daniel David Rigmaiden — a guy who sometimes goes by an alias, represented himself in court, and seems to possess enough technical savvy and disposable income to challenge his prosecutors at every turn.

Through discovery proceedings, Rigmaiden “managed to get the government to admit that it has used this location tracking technology to find him,” Lye noted. “That is quite extraordinary, because there have been suspicions that that this device has been around and in use for quite a long time, but there are really very few cases where we talk about it, and this is the only criminal case where the government has plainly admitted to using it to locate a suspect.”

Because FBI agents used a Stingray to locate Rigmaiden, they not only figured out that he was inside a Santa Clara apartment building, but successfully sniffed down to the level of his exact unit.

But the request for court orders that authorized this investigation made only a fleeting mention of a mobile tracking device, without conveying just how powerful the surveillance tool actually is. “When we read the orders, we were very, very surprised and troubled,” Lye said. “Because the government was arguing in the criminal proceeding in Rigmaiden, yes, we acknowledge that we’ve used this cell site emulator, and we’re even … acknowledging that the device is intrusive enough in the way it operates to constitute a search — which is a significant concession.”

In this case, the FBI agents obtained a court order to use a pen register, and separately obtained court approval to solicit Verizon’s help in locating Rigmaiden, which the government claims constituted a warrant (though this is a point of contention). But nowhere did agents make it clear to the judge that in order to work, this surveillance device vacuums up vast amounts of third-party data. The search potentially affected hundreds of subscribers in Rigmaiden’s apartment complex, none of whom were suspected of any involvement in wrongdoing. The government noted in court filings that it purged the third-party data after the fact, presumably as a way to deflect privacy concerns.

“It did not explain that the device broadcasts signals to all devices in the area, receives information about other devices in the possession of third parties, potentially disrupts the connections of third-party devices, and penetrates the walls of every private residence in the vicinity, not solely that of the target,” the ACLU-EFF brief argues.

At the end of March, Lye argued in an Arizona federal court hearing that evidence gathered using a Stingray should be suppressed in the Rigmaiden case, because the government used the tracking tool but failed to tell the federal magistrate judge that it was doing so. But in the course of that hearing, “the government stated … that ‘use of these devices is a very common practice,'” Lye note in an update following the hearing. “It also stated that there were many parts of the country in which the FBI successfully obtains authorization to use this device through a trap and trace [pen register] order.”

Nor is it just federal agencies that use these surveillance tools. The results of a FOIA request filed by a Los Angeles journalist with the assistance of the First Amendment Coalition revealed that LAPD used this technology in 21 out of 155 cell phone investigation cases — from June to September of last year alone. The devices were used to investigate five homicide cases and a roster of other offenses, including a burglary, a narcotics investigation, two suicides, a robbery and three kidnappings.

For civil liberties advocates, the aim is to require stronger judicial oversight and a warrant before this kind of surveillance practice can be used. “The argument here is about, well this technology is so powerful and so intrusive — it really needs to be under extensive oversight by members of the judiciary,” notes Friewald, the law professor. “And in order for that to happen, the judge needs to have that technology described to them.”