Sarah Phelan

Our stuff, our planet

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Sarah@sfbg.com

Annie Leonard, author of The Story of Stuff (Free Press, 2010), sat in her office in Berkeley explaining why we must direct our energy toward making policy and reforming laws, not just individual green lifestyles, to avoid destroying the planet.

Leonard recalled how, at a recent reading to promote her book, she was presented with the claim that people in Berkeley are environmentally superior to other folks. “But people shouldn’t point the finger at other individuals unless those individuals are the heads of Chevron, Dow Chemical, Disney, Fox News, Halliburton, McDonald’s, Shell, or the World Bank,” Leonard warned.

Her point is that the planet’s biggest problems are systemic, not a result of personal choices. “Because our choices are limited to the forces outside the store. We have this big illusion of that ‘free market,’ but I can’t choose pajamas for my kid without them containing neurotoxins because of the law. And I cannot choose an electrical appliance that lasts for more than a year. The overall structure encourages people to use toxics. We have to start looking at these harder issues,” she said. “It’s so easy to think it’s an individual’s fault.”

Leonard’s quest to shine some cleansing light on the toxic effects of capitalism started with her short film, The Story of Stuff, which became an Internet sensation with more than 10 million viewings. It showed how our obsession with buying stuff is trashing our planet, communities, and health, thanks to the hidden costs in how we organize our economy.

Her book goes into the details of how these costs come at the expense of millions of people who live and work in dangerous, unhealthy circumstances. Leonard isn’t saying that people shouldn’t be responsible and smart in their individual and household actions. But she is critical of the idea that we can solve the problems caused by “our take-make-waste paradigm” entirely through green living.

“Unfortunately, there are no 10 easy things individuals can do to save the planet,” Leonard said. “We definitely should engage in these actions, as long as we don’t let them lull us into a false sense of accomplishment or let the effort of maintaining this constant, uptight, rigorous green screen on our life exhaust us. And as long as taking these actions doesn’t stand in the way of engaging in the broader political arena for real change.”

Leonard includes a list of “recommended individual actions” in her book, but it’s tucked behind examples of “promising policies, reforms, and laws” and ahead of a sample political letter warning that “PVC is the most hazardous plastic at all stages of its lifecycle.”

What worries Leonard is that the planet is already bumping up against ecological limits. “If we don’t change, we’ll have change forced upon us,” she said. “If change is by design, it’ll be much more compassionate and strategic. If it’s by default, it’ll be a lot uglier, a lot more violent, and a lot less fair.”

Leonard says our planetary problem stems from approaching product purchases as if we were exempt from the ecological system. “If you think as a consumer, you want the best product and the best price. But if you think as a citizen, you want what’s best for your community, your environment.

“We all know how to be good consumers, but our citizen muscle has atrophied,” she added. “That has limited our ability to know how to solve problems. And often environmental victories here become problems elsewhere, like e-waste that gets taken to third world countries.”

Fox News has labeled Leonard anticapitalist, describing her as “Karl Marx with a ponytail.” But Leonard stresses that she is not anti-stuff, just stuff that trashes the planet, poisons people, and that people confuse with personal self-worth.

“I’m pro stuff,” she said. “But I want us to have a reverence for it, to ask, ‘Who made this, and where did it come from?’ Because someone mixed those metals, felled that forest. And I’ve become fascinated by why folks in the U.S. can’t talk about capitalism. It’s the economic system that must not be named. It’s like we’re in an ice cream shop that serves only one flavor and we’re not allowed to look over the counter.”

It’s raining reindeer babies in Alaska

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Whenever I want to find out the goods on Republican nutjob Sarah Palin I turn to www.themudflats.net, which also happens to be a great blog about all things Alaska.

And this time, instead of finding the latest scoop on Sarah “Moose in the headlights” Palin, I discovered that it’s reindeer birthing season. And that mudflats’ readers are being invited to submit names for the 18 or so reindeer calves that are expected to be born any day now at the University of Alaska, Fairbanks research facility.

Readers have already submitted names like Holden and Zoe and Saami and Tasha.

So, while Christmas is still over 260 shopping days away, and you probably don’t believe in Santa Claus anyway, if you want to have input on names that could feature in the next rendition of the most famous reindeer song of all time, submit suggestions now.

As mudflats notes, “On Daniel, on Dawson!  On Pookie and Velvet!  On Coffee, on Cowgirl, on ….. Giggles and Ricardo? It could have potential.”

And while you’re at the mudflats site, check out their information on wolves. Because if there is one thing Palin has taught us, it’s not to take our eyes off the most remote states in the union, lest bad things happen to the wild things there.

ACORN did not commit voter registration violations

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One of the craziest aspects of the whole ACORN saga has been how rightwing lies about the organization have been repeated so often that they have come to replace the truth in most people’s minds.

For instance, according to the Office of California Attorney General Jerry Brown, there are no reports of votes that were cast fraudulently, thanks to anything ACORN did.

As Brown’s press secretary Christine Gasparac clarified today, “ACORN itself did not commit, counsel, or aid and abet registration violations. Some of the canvassers employed by ACORN and paid on per registration basis handed in phony registrations in order to make money and all were all caught and rejected by the Registrar.”

Now, I’m not saying everything ACORN has done has been without fault, or that the left isn’t guilty of distorting facts, too.
I’m just saying that it’s too bad that political discourse in this country has descended to the point that the truth is now irrelevant.

O’Keefe and Giles may still face charges over ACORN tapes

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It’s true that California Attorney General Jerry Brown gave Republican activists James O’Keefe III and Hannah Giles immunity from prosecution in exchange for their full, unedited videotapes of ACORN employees.

But that doesn’t mean the couple is necessarily off the legal hook entirely.

As Brown’s own report notes, because of the immunity deal, his office did not determine if the couple violated California’s Invasion of Privacy Act when they recorded ACORN employees.

But, as Brown’s report observes,  “if the circumstances meet the requirements of the Act, the ACORN employees may be able to bring a private suit against O’Keefe and Giles for recording a confidential conversation without consent.”

That’s an important point to remember, given that rightwing groups are bragging that O’Keefe recently saw felony charges, filed in connection with his recent invasion  of the Louisiana office of Sen. Mary Landrieu (D-LA), reduced to a misdemeanor.

Could O’Keefe’s apparent ability to walk away relatively unscathed from acts that would land other folks in jail have something to do with his life of privilege as outlined at Gawker, using O’Keefe’s Facebook photos? Or is it more to do his close ideological ties with the increasingly aggressive Republican attack machine?

ICE’s one step forward, two steps (ass) backwards

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It’s hard to find the logic in ICE’s announcement that it is going to use quotas, again, coming relatively so soon after that other announcement that it was ending quotas.

Especially in the wake of a spate of crazy stories about folks who were threatened with deportation even though they were hardly seasoned criminals.

No wonder that the ACLU is calling for transparency, due process and detention reform.

The whole sorry saga brings us back to the central question of who profits from our federal immigration policy?

Introducing Fossil Fools Day

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“The fossil fools ain’t no joke – but that doesn’t mean we can’t fight them with one,” say activists at www.fossilfoolsdayofaction.org as they announce plans to pull pranks April 1.

Citing destabilization of the global climate, and the inconvenient truth that communities from Alaska to Alberta to Appalachia are being destroyed by dirty energy extraction and combustion, super hurricanes, droughts, Rising Tide North America charges that in December 2009, politicians in Copenhagen, “sold us out to the fossil fools, corporate lobbyists and big banks.”

“Now we’re left with ‘green capitalism,’ carbon market shenanigans and continued assaults on our communities and ecosystems,” Rising Tide states. ” If we’re going to stop climate change, the only real solution is to keep fossil fuels in the ground.”

They are promising to convert the usual April Fool’s Day jokery into Fossil Fool’s Day, by “pulling some pranks that pack a punch.”

In the Bay Area, some of these self-described clowns plan to pay a visit to Chevron “to send a message that fooling around with fossil fuels is fooling around with our future.”

Rising Tide North America spokesperson Sarah Hampton told the Guardian that interested parties are invited to meet at 6:45 am, April 1 at Ashby BART station in Berkeley “to make noise and theater and educate the local public about our demands to Chevron and the atrocities that Chevron is responsible for globally.”

“We are not announcing where we will be going,” Hampton clarified. “But if folks want to get involved, they are welcome to meet at Ashby BART station, dressed like clowns and bringing musical instruments, as long as they are not planning to be violent.”

Trash talk

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Sarah@sfbg.com

The battle to win San Francisco’s lucrative garbage disposal contract turned nasty as city officials tentatively recommended it go to Recology (formerly Norcal Waste Systems), causing its main competitor, Oakland-based Waste Management, to claim the selection process was flawed and bad for the environment.

Recology is proposing to dispose of San Francisco’s nonrecyclable trash at its Ostrom Road landfill in Yuba County, which is double the distance of the city’s current dump. The contract, worth hundreds of millions of dollars, would run until 2025.

For the past three decades, the city has trucked its trash 62 miles to the Altamont landfill near Livermore, under an agreement that relied on the services of the Sanitary Fill Company (now Recology’s SF Recycling and Disposal) and Oakland Scavenger Company (now Waste Management of Alameda County).

That agreement allowed up to 15 million tons of San Francisco’s municipal solid waste to be handled at Altamont or 65 years of disposal, whichever came first. As of Dec. 31, 2007, approximately 11.9 million tons of the capacity had been used, leaving a balance of 3.1 million tons, which the city estimates will be used up by 2015.

Currently Recology collects San Francisco’s curbside trash, hauls it to Pier 96, which is owned by the Port of San Francisco, then sends nonrecyclables to the Altamont landfill operated by Waste Management.

After SF’s Department of the Environment issued a request for qualifications in 2007, Waste Management, Recology, and Republic Services were selected as finalists. The city then sent the three companies a request for proposals, asking for formal bids as well as details of how they would minimize and mitigate impacts to the environment, climate, and host communities, among other criteria.

Republic was dropped after a representative failed to show at a mandatory meeting, and Recology was selected during a July 2009 review by a committee composed of DOE deputy director David Assmann, city administrator Ed Lee and Oakland’s environmental manager Susan Kattchee.

The score sheet suggests that the decision came down to price, which was 25 percent of the total points and made the difference between Recology’s 85 points and Waste Management’s 80 in the average scores of the three reviewers. But the scores revealed wide disparities between Kattchee’s and Lee’s scores, suggesting some subjectivity in the process.

For instance, Kattchee and Lee awarded Recology 15 and 23 points, respectively, for its “approach and adherence to overarching considerations.” Kattchee awarded 13 points to Recology’s “ability to accommodate City’s waste stream,” while Lee gave it 24 points. And Kattchee awarded Waste Management 13 points and Lee gave it 20 for its proposed rates.

When the selections and scores were unveiled in November, Waste Management filed a protest letter; Yuba County citizens coalition YUGAG (Yuba Group against Garbage) threatened to sue; and Matt Tuchow, president of the city’s Commission on Environment, scheduled a hearing to clarify how the city’s proposals was structured, how it scored competing proposals, and why it tentatively awarded Recology the contract.

Emotions ran high during the March 23 hearing, which did little to clarify why Recology was selected. Assmann said that much of the material that supports the city’s selection can’t be made public until the bids are unsealed, which won’t happen until the city completes negotiations with Recology and the proposal heads to the Board of Supervisors for approval.

YUGAG attorney Brigit Barnes said Recology’s proposal could negatively affect air quality in Alameda, Contra Costa, Solano, Yolo, Sacramento, and Yuba counties, and does not attain maximum possible reductions of greenhouse gas emissions. Barnes pointed to a study commissioned by Waste Management showing the company’s biomethane-fueled trucks emit 68 percent fewer greenhouse gases than Recology’s proposed combination of trucks and trains.

Barnes further warned that Recology’s proposal might violate what she called “environmental justice strictures,” noting that “Yuba County has one of the lowest per capita incomes and one of the highest dependent populations in the state.”

She also claimed that awarding the contract to Recology would create a monopoly over the city’s waste stream and could expose the city to litigation. “Every aspect of garbage collection and waste treatment will be handled by Norcal’s companies,” Barnes stated, referring to antitrust laws against such monopolies.

Deputy City Attorney Tom Owen subsequently confirmed that the two main companies that handle San Francisco’s waste are Recology subsidiaries. “But it’s an open system,” Owen told the Guardian. “Recology would be the licensed collectors and would have the contract for disposal of the city’s trash.”

Irene Creps, a retired schoolteacher who lives in San Francisco and Yuba County, suggested at the hearing that the city should better compare the environmental characteristics of Ostrom Road and the Altamont landfill before awarding the contract. She said the Ostrom Road landfill poses groundwater concerns since it lies in a high water table next to a slough and upstream from a cemetery.

“It’s good agricultural land, especially along the creeks, red dirt that is wonderful for growing rice because it holds water,” Creps said of Recology’s site. “I’d hate to see that much garbage dumped on the eastern edge of Sacramento Valley.”

Livermore City Council member Jeff Williams said the Altamont landfill has the space to continue to dispose of San Francisco’s waste and he warned that Livermore will lose millions of dollars in mitigation fees it uses to preserve open space.

“Waste Management has done a spectacular job of managing the landfill and they have a best-in-their-class methane control system,” Williams said, noting that the company runs its power plants on electricity and its trucks on liquid methane derived from the dump.

Williams pointed out that the Altamont landfill is in a dry hilly range that lies out of sight, behind the windmills on the 1,000-foot high Altamont Pass. “It’s many miles from our grapevines, in an area used for cattle grazing because it’s not particularly fertile land,” Williams said. “We are filling valleys, not building mountains.”

Waste Management attorney John Lynn Smith told the commission that the city’s RFP process was flawed because it didn’t request a detailed analysis of transportation to the landfill sites or fully take into account greenhouse gas emissions, posing the question: “So, did you really get the best contract?”

David Gavrich, who runs San Francisco Bay Railroad and Waste Solutions Group, testified that he helped negotiate the city’s contract 35 years ago, saving taxpayers hundreds of millions of dollars, and that the city needs to be smarter about this contract.

Gavrich and port director Monique Moyer wrote to the Department of the Environment in June 2009, stating their belief that shipping trash by rail directly from the port “can not only minimize environmental impacts, but can also provide an anchor of rail business from the port, and a key economic engine for the local Bayview-Hunters Point community, and the city as a whole.” But Gavrich said DOE never replied, even though green rail from San Francisco creates local jobs and further reduces emissions.

“Let the hearings begin so people get more than one minute to speak on a billion-dollar contract,” Gavrich said, citing the time limit imposed on speakers at the commission hearing.

Wheatland resident Dr. Richard A. Paskowitz blamed former Mayor Willie Brown’s close connection to Recology mogul Michael Sangiacomo for the company’s success in pushing through a state-approved 1988 extension of its Ostrom Road Landfill while assuring Yuba County residents that the site would only be used as a local landfill.

“The issue is that Yuba County is becoming the repository of garbage from Northern California,” Paskowitz said, claiming that the site already accepts trash from Nevada.

Members of the commission told Assmann that they wanted an update on the transportation issue, but they appeared to believe the process was fair. “One guy got the better score,” Commissioner Paul Pelosi Jr. said. “The fact that they may or may not have permits or the best location, that’s for the Board of Supervisors to take up.”

Recology spokesperson Adam Alberti told the Guardian that its bid was predominantly about handling the waste stream. “Everybody’s bid included transportation, so you include the cost of getting the trash there. But primarily we were looking at the cost of handing the city’s waste,” Alberti said. “Recology’s Ostrom Road facility has more than enough capacity to hold not only San Francisco’s, but also the surrounding region’s, waste.”

Alberti said Recology is still pursuing a permit for a rail spur to get the waste from Union Pacific’s line, which ends some 100 yards from Ostrom Road site. Still, he said the company is confident it will be awarded, calling this step “a pro forma application with Yuba County.” Alberti also noted that it’s normal for host communities to object to landfills but that Yuba County stands to gain $1.6 million from the deal in annual mitigation fees.

Assmann told the Guardian the selection process took into account issues raised at the hearing. “The important thing in a landfill is to make sure there is no seepage, no matter how much rainfall there is, “Assmann said. “And there are still two hurdles Recology needs to clear: a successful negotiation, and the approval of the board.”

Obama nominates Melinda Haag

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President Obama has nominated veteran attorney Melinda Haag to serve as the U.S. Attorney for the Northern District of California, which stretches from the Monterey Coast to California’s northern border with Oregon and from the Pacific Ocean nearly to Sacramento, an area that more than 7.3 million people call home. Obama also nominated Jerry E. Martin as U.S Attorney for the Middle District of Tennessee, and James A. Lewis as U.S. Attorney for Central District of Illinois.

“I am so pleased the President has nominated veteran attorney Melinda Haag to serve as the top federal prosecutor in San Francisco,” said U.S. Sen. Barbara Boxer, who recommended Haag for the post. “She is well respected in the California legal community and will bring more than two decades of experience handling white collar crime cases to the U.S. Attorney’s Office.”

Boxer likely isn’t the only one pleased by this nomination: San Francisco’s embattled immigrant community has been hoping that Obama would replace the current top federal prosecutor Joseph Russoniello, an ardent opponent of sanctuary legislation.

According to a press release issued by Boxer’s office, Haag has been a partner since 2003 at San Francisco-based Orrick, Herrington & Sutcliffe in the white collar criminal defense and corporate investigations group, which handles cases involving fraud, antitrust violations, environmental crimes, health care fraud and other corporate matters. 

Before that, former U.S. Attorney and current FBI Director Robert Mueller recruited Haag to serve in the San Francisco U.S. Attorney’s Office, where she headed the White Collar Crime Unit and was the deputy chief of the General Crimes Unit. Haag also has experience as a prosecutor in the Los Angeles U.S. Attorney’s Office.

Haag received her bachelor’s degree from the University of California San Diego and she earned her law degree at UC Berkeley.

Bay Bridge’s new S-bend gets fence. Finally.

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Ever since the driver of a truck laden with Asian pears flew off the Bay Bridge’s new S-curve and plummeted to his death last November, the California Highway Patrol has been policing the speed limit and Caltrans has added striping, signs, rumble strips and other features. Those efforts have helped reduce the curve’s initially high accident rate.

And yesterday, I noticed that Caltrans has installed a fence (visible in this clip that I posted, at risk of the usual snipes about my radio-listening and car- driving choices, though I work at the bike-hugging Guardian) along that fatal section.

I’m not sure the fence is intended to stop vehicles that have gone airborne. But it sure helps alert folks to the fact that there is nothing between them and the deep blue sea, if they have the misfortune to plunge over this concrete edge.  (And that’s before we even get to the possibility that Yerba Island, where the pear truck landed, is haunted by the spirits of native people whose graves were disturbed.) But I can’t help wondering why it took until March to install this fence.

Is Obama’s healthcare victory GOP’s Waterloo?

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With all the crazy misinformation and ugly rhetoric that preceeded last night’s vote on healthcare reform, I was hoping to see some reasoned analysis of what the package’s passage means for the Republican Party. And, so far, I think conservative journalist David Frum said it best, when he described the outcome as the GOP’s Waterloo.

 

 

Thawing ICE

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sarah@sfbg.com

Top San Francisco officials are still refusing to implement legislation approved by the Board of Supervisors that requires due process to play out before immigrant youth accused of felonies are turned over to the federal government, despite recent developments that call into question arguments that have been made against that policy.

Mayor Gavin Newsom, whose veto of the legislation was overridden by the board in November 2009, has been the main obstacle to putting the new policy in place. He has argued that it violates federal law, that the city faces civil liability for harboring undocumented immigrants accused of crimes, and that only serious criminals have been affected by his unilateral 2008 decision to turn minors over to federal authorities before they have been convicted.

But then Muni bus driver Charles Washington’s wife, Tracey Washington, and 13-year-old stepson, undocumented immigrants from Australia, were placed under the control of U.S. Immigration and Customs Enforcement and ordered deported after the boy got into a fight at his middle school.

The case generated sympathetic media coverage because the felony charges and deportation order seemed excessive, so the federal government issued a 60-day reprieve to allow the family to finish applying for green cards and so the boy could have his day in juvenile court.

“All this got triggered by the non-implementation of a law that the board duly enacted last year,” Washington said March 11, a week after getting his reprieve, expressing exasperation with city officials. “The police are overcharging kids and waiting for someone else to whittle the charges down, and the probation officers are referring the kids to ICE, waiting for someone else to deal with the situation.”

Newsom’s policy required the city’s juvenile probation department to refer Washington’s stepson to federal immigration authorities after local police charged the boy with felony robbery, assault, and extortion in a dispute over 46 cents. Authorities then required his mother, rather than his stepfather, to come pick him up and placed an electronic monitoring device on her pending a deportation hearing.

Newsom’s policy has had a big impact in the city’s immigrant communities. Since July 2008 when the mayor ordered changes to Sanctuary City policies that had been in place for two decades, 125 youths have been referred to ICE, according to a March 9 report from the city’s Juvenile Probation Department.

In addition to the Mayor’s Office, the JPD has refused to enforce policies enacted through legislation by Sup. David Campos that are technically supposed to be the new city policy on referring undocumented youth, and the City Attorney’s Office has not required city employees to follow the new law, arguing it can only give advice and not compel departments to take action.

“With the benefit of legal advice provided by the City Attorney’s Office and outside legal counsel, and in light of current restrictions imposed by federal law, particularly the position taken by federal law enforcement authorities, the department has concluded that it cannot modify its policies and practices,” probation chief William Siffermann said at a March 4 hearing of the Board of Supervisors Rules Committee on why his department didn’t implement the legislation.

Grilled by Campos, Siffermann could not identify a federal law that requires city officials to report kids to federal immigration authorities upon arrest. Instead, Sifferman pointed to what many in the criminal justice community see as U.S. Attorney Joseph Russoniello’s overly broad interpretation of federal immigration laws, including his allegation that transporting arrested juveniles to court hearings amounts to “harboring aliens.”

But the Washingtons’ case struck a raw nerve at City Hall, and the Obama administration’s conciliatory response, along with other recent legal developments, indicate that it isn’t the feds that are preventing implementation of Campos’ legislation.

In February, Superior Court Judge Charlotte Woolard ruled in a civil case that the Bologna family — of which three members were murdered in 2008, allegedly by Edwin Ramos, an undocumented immigrant who had been in city custody as a juvenile — can’t hold the city liable for failing to prevent the murders.

That crime had been sensationalized by the San Francisco Chronicle, the San Francisco Examiner, and nativist groups, putting pressure on Newsom to change the Sanctuary City policy. Newsom’s spokespeople repeatedly have referred to it as an example of the civil liability the city faced.

On March 1 (the same day Washington first went public), City Attorney Dennis Herrera replied to allegations that his office has not done enough to implement Campos’ amendment by citing its victory in the Bolognas’ civil case, which sought punitive damages and to invalidate the city’s sanctuary ordinance.

Herrera also asked Gary Grindler, acting deputy attorney general at the U.S. Department of Justice, to direct the U.S. Attorney’s Office in the Northern District of California to “not use its limited resources to criminally prosecute local officials and employees who abide by California and local laws regarding the reporting of undocumented juvenile immigrants to the federal immigration authorities.”

Herrera based his March 12 request on an Oct. 19, 2009 memo that Grindler’s predecessor, David Ogden, issued curtailing federal action against medical marijuana dispensaries, which Herrera argued could serve as the model for clarifying the federal position on the city’s sanctuary law.

“If city officials and employees follow the mandates of state law, including those regarding the confidentiality of records of juvenile detainees, and the requirements of the amendment permitting the reporting to ICE of juveniles only after they have been adjudicated as wards of the court for criminal conduct, then the U.S. Attorney should not make it a priority to use its scarce federal resources to prosecute those city officials on the theory that by not reporting them at an earlier point, the city officials or employees are guilty of harboring,” Herrera wrote.

Campos said he welcomes any effort to get clarification from the feds, but believes such clarification is not necessary — and may not be forthcoming anyway. “So San Francisco should move forward. The law, in my view, allows us to do so, and it’s the right thing to do.”

Who profits from ICE’s electronic monitoring anklets?

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One of the many troubling things to emerge from the threatened deportation of the wife and stepsons of Muni bus driver Charles Washington is the extent to which the Department of Homeland Security (DHS) is using electronic monitoring bracelets to track immigrants–and is turning to private contractors to deliver these services.
Take the Washingtons’ case. Charles Washington told reporters that US Immigration and Customs Enforcement (ICE) told him they would release his teenage stepson, if his wife Tracey, went to ICE’s Sansome Street office in San Francisco and agreed to wear an electronic anklet (pictured below).

Tracey's anklet
Tracey Washington agreed to the deal, worried about her 13-year old son, who had spent close to a week in detention at juvenile hall, after he got into a fight at school over 46 cents, and who was now in the hands of federal immigration authorities. And she had cause to worry. The feds have been known to transfer teenage immigrants arrested in San Francisco to detention facilities in Florida, Virginia and Oregon, while their deportation is pending.
So, the Washingtons hurried down to Sansome Street to retrieve their son.  And, there Tracey Washington was given deportation orders for herself and her son, and an electronic monitoring device, which contains a GPS device to monitor her movements 24/7, was placed around her ankle.
Tracey says the device was too tight at first, and, though it has since been adjusted, wearing it makes her feel as if she has committed a serious crime. But so far, no one in her family has actually been found guilty of a crime in this Kafkaesque episode.
Instead, her 13-year-old son has been charged with felony robbery, assault and extortion, charges that sound serious but have yet to be adjudicated in a juvenile justice court, and that were made in the wake of a schoolyard fight, which did not involve weapons, after the parent of the victim called the police.
But these felony charges are the reason why a juvenile probation officer called ICE, who picked up the boy, and, within 5 hours, released him to his mother, once they’d locked an electronic monitoring device on her ankle.
As for the question of the Washingtons’ visa overstay, which is ICE’s grounds for the anklet, the couple say they called the US Citizenship and Immigration Service (US CIS), not once, but twice, two days after they got married in April 2009, when Tracey, who met Charles on vacation six years ago, was midway through a 90-day visa waiver.
The couple say they were given misinformation on the phone about the urgency of applying for a green card, and that’s how they came to be only at the beginning of that process when their son got nabbed—a lag that Charles Washington attributes to the time it took for his family to save up the thousands of dollars that green card applications cost.
And apparently there is no way for the Washingtons or the US government to verify what happened when the couple called US CIS, and spoke to an operator. US CIS spokesperson Sharon Rummery told the Guardian that it is impossible to ascertain if a contractor with the US government misinformed the family.
‘I can’t say that it’s true or not, because it was a private conversation between one of the operators who works on our customer service line,” Rummery said. “Our operators are highly trained and are backed up by our trained officers,” Rummery continued, confirming that the operators are contractors, not US CIS staff.
Either way, Tracey Washington is left wearing an anklet. And as a hard-working, bus-driving US citizen, her husband Charles is not pleased that his tax dollars are being put to use in a way that leaves his wife stressed and feeling like a criminal.

“It’s my belief they are wasting tax payer money,” Washington said, eight days after US ICE granted his wife and stepson 60-day deportation reprieve. “With all the publicity this case has received, and the fact that our green card application has been sent in, I don’t see why she needs to be on the anklet. Everything that immigration has requested, we have complied with.”

So, just how widely spread is the use of anklets to track immigrants?

In 2002, federal immigration authorities created a $3 million Alternatives to Detention (ATD) program, to ensure that “aliens released from detention appear for their court hearings,” according to a 2010 ICE report.Fast forward to 2010 and the program’s FY 2010 budget is set at $69.9 million.
And somewhere along the way, the program began requiring immigrants who are in the process of applying for residency to wear electronic monitoring ankle bracelets 24/7—a requirement otherwise reserved for rapists, child molesters and other convicted criminals on parole.
This pilot program, which began in eight cities, including San Francisco, has since grown to a nationwide multimillion opportunity for contractors and now involves at least 30 cities: Atlanta, Charlotte, Baltimore, Boston, Hartford, Buffalo, Chicago, Kansas City, Dallas, Denver, Detroit, El Paso, Houston, Los Angeles, Delray Beach, Miami, Orlando, Newark, New Orleans, New York, Philadelphia, Phoenix, Portland, Seattle, San Francisco, Salt Lake City, San Antonio, San Diego, St. Paul and Washington.
In July 2009, DHS/ICE’s office of Detention and Removal Operations (DRO) awarded a $372 million, 5-year contract to BI Incorporated, a Boulder Colorado-based company, to provide support services for its Intensive Supervision Appearance Program  (ISAP) 11, as the federal government previously called its electronic monitoring program.
G4S Government Services of Atlanta, Georgia, which held the previous ISAP’s pilot contract, and put in a S489 million bid for ISAP 11, protested the BI award, arguing that DHS’ evaluation and BI’s price proposal were “unreasonable.”
Either way, DHS’ “statement of work” documents, which were posted online as part of that contract bid, suggest that ICE plans to use ATD on an even wider basis, in future.
“Approximately, 32,000 persons are held in secure detention by DRO each day,” the contract’s statement of work (SOW) section states, noting that this figure includes “aliens in the United States who are in violation of the Immigration and Nationality ACT (INA) who pose a threat to community safety, national security, and/or may be a flight risk, in addition to those aliens required to be detained under specific provisions of the INA.”
“Limited detention capacity and an increasing detainee population coupled with the need to lower alien absconder rates have sparked national efforts over the past several years to integrate into DRO’s general practices the use of various alternatives to detention for aliens who do not require mandatory detention in accordance with the INA,” the contract continues. “Alternatives to detention offer the prospect of a considerable cost savings over secure detention for eligible aliens.”
“Depending on available funding during the execution of the ISAP 11 contract, DRO intends to expand its ISAP coverage,” the contract notes. An attached appendix shows a list of 165 cities in which the program would operate nationwide. In addition to San Francisco and Los Angeles, California cities on the list include Bakersfield, San Diego, El Centro, Fresno, Imperial, Lancaster, Lompoc, Sacramento, San Jose, San Pedro, Santa Ana, Stockton, and Ventura.
Under the current contract, BI was expected to be fully prepared with sufficient staff and equipment to fulfill all statement of work requirements for 16,750 ISAP II slots, within two months of assuming control of the program. San Francisco was expected to fill 850 of these slots, putting it in fourth place behind Los Angeles (3,400 slots), New York, (1,500 slots) and Washington, D.C., (1,025).
And by the end of the five-year contract, the numbers of slots are expected to rise to 27,237 slots—a 10,487 increase, along with a steady increase in participating cities. Under those estimates, San Francisco is expected to have 957 slots five years from now,
The federal government touts ISAP, which relies on telephonic reporting, unannounced home visits, and regular face-to-face interviews, as well as electronic GPS monitoring devices, as a “cost-effective alternative to detention for aliens being processed through the Immigration Court system.”
ICE’s Lori Haley stressed that the program, with its focus on alternatives to detention, is part of the department’s “commitment to immigration reform.”
“Our mission is to ID non-citizens here without legal status and move them through the immigration process how the court sees fit,” Haley said.
She also stressed that the anklet program is preferable to detention and is suitable for folks with families who are not posing a danger to their community.
“We also found that as people get closer to the conclusion of the process, they may need a stronger level of monitoring,” Haley added, alluding to the reaction of folks on realizing that they are going to be deported after all.
These statistics paint a perhaps surprising picture to the average American, who likely wasn’t aware that there are thousands of immigrants in the US, who haven’t committed a serious crime, yet are walking around wearing these onerous, privacy-invading devices, hidden beneath their pants, or while they shower, or go to bed, while they await a ruling from the courts on their request to stay here permanently.
And these numbers are only going to grow bigger, if ICE has its way.
“Depending how long an alien remains in the ATD program and the number of individuals enrolled in the ATD program, implementing ATD nationwide would require between $88 million and $513 million,” ICE stated in its 2010 report to Congress. “The most realistic scenario for expansion requires a reduction in the average length in the ATD program to 180 days, down from the current average of 310 days. Reducing the average length on the program requires significant coordination within the Department of Justice, Executive Office for Immigration Review.”
“310 days in an anklet” sounds like the name of a funny film. Unfortunately for the 800 people in San Francisco, including Tracey Washington, who are apparently walking around wearing these devices in any given year, the situation is not funny, but it is all too real. And is this really the way to reform the federal immigration system in a humane and meaningful way?

Bill Barnes leaps into the District 10 race

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The already crowded field of candidates battling to become the next D 10 supervisor just got even more crowded.

Bill Barnes, who is currently working as Sup. Michela Alioto-Pier’s legislative aide, and has previously served as researcher for SF Firefighters Local 798, legislative aide for Sup. Fiona Ma, and legislative aide and campaign manager for Sup. Chris Daly, has entered the race.

Barnes, who turns 33 on April 3, says he is working between now and his birthday, on qualifying for public financing–a vital step for anyone who wants to compete against the handful of candidates that are backed by big private money in this race.

Barnes says he decided to throw his hat into the ring because there has not been enough talk about neighborhood issues, social inequity and displacement.

“The talk is always about creating jobs, but jobs for who?” Barnes said. “Will it be for folks who have lived in the community for their entire lives, or folks from out of town?”

In the next decade or two, it’s likely that the majority of subcontracts in the city will be centered in District 10, but there are no guarantees of who will get that work.

Barnes identified UC Regent Ward Connerly‘s Prop. 209, which amended the state constitution to prohibit public institutions from considering race, sex, or ethnicity, as being a big part of the problem.

Noting that he worked to address the issue of local minority hiring while working for Ma, Barnes says race continues to play a major role when it comes to who gets the work in District 10.

“I plan to work to repeal Prop. 209, or figure out a better way to go,”Barnes said. “All too often contracts are issued that are way too big. That makes it impossible for a smaller locally-owned business to be competitive.”

Place of refuge?

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LIT If you’ve been tracking the battle over San Francisco’s sanctuary ordinance, or you’re simply interested in the fight for immigration reform at the federal level, then check out Just Like Us: The True Story of Four Mexican Girls Coming of Age in America (Scribner, 400 pages, $27.99). Written by Helen Thorp, a journalist married to Denver mayor and Colorado gubernatorial candidate John Hickenlooper, Just Like Us is the true story of four young girls whom Thorp tracked for five years, starting with their senior year in high school.

“All had at least one parent who entered the country from Mexico without the right documentation,” Thorp says over the phone. “One was born here; one had a green card; and two didn’t have papers, so they were split down the middle on their legal status — through no fault of their own — but because of a situation they inherited.” This split led to differing experiences as all four girls came of age in the United States, even though all excelled in public high school.

“Two of them didn’t have the same opportunities, privileges, or even ways to pay for college as the two with papers had,” Thorp explains, noting that she changed the names of all four students to protect their identities. The main narrative of Thorp’s book sticks closely to the experiences of these four exemplary girls — including the political firestorm that broke out in Denver (and spread statewide) after an undocumented Denver resident committed a violent crime.

The echoes for San Francisco are obvious. The slaying in 2008 of three members of the Bologna family by the alleged killer Edwin Ramos, an immigrant who repeatedly passed through the city’s justice system as a juvenile, increased the heat in a political firestorm that had been crackling since the city passed its City of Refuge ordinance in 1989 and burst into flames in December 2007. That was when federal agents intercepted San Francisco probation officers at a Houston airport as they tried to repatriate Honduran teenagers by flying them home instead of reporting them for formal federal deportation.

In the Denver-based story Thorp recounts in Just Like Us, a young man who never had much schooling and was in Colorado without the necessary paperwork shot two police officers at a party, killing one. To add to the intrigue, the man was employed as a dishwasher at a restaurant owned in part by Thorp’s husband.

“It certainly was a heinous crime, since this young man shot two police officers in the back,” Thorp recalls. “Even the Mexican immigrant community was horrified, and no one rallied to his side. He was disrupting a baptismal party for a Mexican family in a popular social hall. He destroyed the celebration and he had a young daughter, who he essentially ended up abandoning, when he went to jail. He had lived in Los Angeles — that’s where he purchased the gun — and may have had gang ties. That, at least, was what was alleged at his sentencing. He shot the police officers because he felt one of them had insulted him and allegedly had mishandled him. His pride was wounded, but his response was so aggravated, there was no justification for it.”

As a result of this tragedy, which touched one of the high school students she was tracking, Thorp ended up becoming close to the widow of the police officer. “His family had an immigrant background, and he grew up in a Spanish-speaking family — though that was not reported in the media — and his widow’s mother was an immigrant from England who kept her green card and never became a citizen,” Thorp continues. “So the widow ended up having an incredibly nuanced point of view and would comment on what happened to her family with more grace and generosity than you would ever expect a human being to muster in those circumstances.”

Thorp feels that heated debates between advocates on opposing sides of the immigration equation is a result of what she calls “a collision of different beliefs.”

“We believe strongly that you are innocent until proven guilty, and we believe in the United States as a nation founded by immigrants. But we also believe in the value of law and order, so we don’t have a favorable view of illegal immigrants, and definitely not of illegal immigrants who commit crimes,” Thorp observes. She also noted that people tend to view juvenile immigrants in a kinder light: “They are morally in a different category than people who made the decision to come here without documents.”

But Thorp suggests that tackling immigration locally may be a losing proposition. “I understand why people want to tackle the subject at a local level since the federal government continues not to resolve the issue,” she says. “But you run into the fact that, peculiarly, this issue needs a federal solution even though we feel the impacts at the local level.” She believes the Obama administration needs to create reform that clarifies whether the feds are offering people a path to citizenship and that involves penalties for those who knowingly broke the law when they came here without papers,

“I understand that San Francisco is on the cutting edge of many things, but I can’t imagine that my husband, as mayor, would adopt a sanctuary policy in Denver,” she says. “And that’s because the concept of a sanctuary city in Colorado is only used by social conservatives with derision. The way ‘sanctuary city’ is used here signals a flagrant disrespect for law and order.”

That said, Thorp notes that the question of whether local police should become an arm of U.S. Immigration and Customs Enforcement (ICE) and an enforcer of federal immigration laws has been debated, and that people generally agree that this is not the job of the local police. “Local police department budgets are exhausted simply by doing the other tasks we’ve given them. If you add to that locking up nonviolent offenders [accused of being here illegally], it would break the bank.”

SOC it to ’em

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sarah@sfbg.com

On the same evening the Police Commission shot down Chief George Gascón’s plan to arm his officers with Tasers, a Sunshine Ordinance Task Force (SOTF) committee reviewed a proposal to give itself a set of enforcement tools that, if approved, could help nail governmental agencies and officials that violate public information laws.

These proposals include the right to appoint outside counsel to enforce serious, willful violations of the voter-approved Sunshine Ordinance against respondents who fail to comply with SOTF orders, thereby allowing enforcement actions to be brought in civil court.

Despite the potential significance of these amendments to the cause of open government and the history of SOTF findings being blatantly ignored by Mayor Gavin Newsom and other officials who have refused to release public documents, only a small posse of regular sunshine advocates attended the March 4 meeting of SOTF’s Compliance and Amendments Committee.

This lack of public interest underscores how the inability to enforce its findings has undercut its power, and why its members believe the legal equivalent of a stun gun is needed if people are going to start taking the work of this Board of Supervisors appointed body seriously.

Erica Craven-Green, an attorney who has served on SOTF for six years, has seen a number of departments not take the body’s proceedings seriously.

“There are very few penalties for individuals and departments that choose not to comply with the ordinance,” Craven-Green observed. “We’ve had numerous instances where representatives from city departments and the offices of elected officials failed to show up at our hearings and explain how they did or did not comply with the ordinance.”

Angela Chan, staff attorney of the Asian Law Caucus, filed a complaint with SOTF in October 2009 after the Mayor’s Office refused to explain why it gave a confidential City Attorney’s Office memo about sanctuary city reforms to the San Francisco Chronicle but not her organization for two full weeks, despite her requests.

At a December 2009 SOTF hearing, Brian Purchia of the Mayor’s Office of Communications handed SOTF a note that read, “I had to leave to respond to the press,” shortly before Chan’s complaint was heard. As a result, the task force decided to continue the matter to January so someone from the Mayor’s Office could attend. Yet despite repeated requests, no mayoral representatives attended that or subsequent SOTF’s meetings about Chan’s complaint.

“It is deeply disappointing that the Mayor’s Office has not shown any respect for the Sunshine Ordinance Task Force, which works hard to try to improve government transparency and accountability for the residents of San Francisco,” Chan told the Guardian. “The mayor appears to be acting like a monarch rather than a democratically-elected official who is accountable and responsive to the people. Reform is needed to ensure all city officials comply with our Sunshine Ordinance and heed [SOTF’s] orders.”

And it’s not just members of the public who feel their time is being wasted. “I think it is very frustrating and, quite frankly, a waste, not only of the task force’s [time], but of city resources as well, to have a hearing on a matter that the city decides not to reply to and/or show up for,” said Craven-Green, who steps down from SOTF later this year.

SOTF is seeking to address this sense of powerlessness by renaming SOTF the Sunshine Ordinance Commission (SOC), giving it the ability to hire an attorney and propose fines, and requiring that departments post notices of sunshine violations on their Web sites. The amendments also expand the list of public officials required to keep working calendars and clarify access requirements for electronic records and systems.

Craven Green said changing the SOTF’s name is a “nonsubstantive” amendment, but that it “makes it sound more permanent.”

The key difference between SOTF and SOC is that, under the proposed amendments, SOC could, with a two-thirds vote, appoint outside counsel to enforce serious and willful violations of the ordinance by bringing action against them in civil court. Right now, only the Ethics Commission and District Attorney’s Office can enforce SOTF decisions, and neither has been willing to do so.

Retired attorney and sunshine advocate Allen Grossman recently won a $25,000 settlement to cover legal fees in a lawsuit he brought against the Ethics Commission and its executive director John St. Croix to force the city to provide him with previously withheld public records about why Ethics dismissed 14 sunshine cases SOFT had referred to it. The amendment would give SOC that same authority.

“Where we feel there hasn’t been sufficient action by the Ethics Commission or sufficient compliance on issues we think are very important for public access, we could instigate outside counsel to prosecute serious and willful violations,” Craven-Green said.

The amendments also lay out penalties for officials who willfully flout sunshine laws. Government officers and employees found to have committed official misconduct would be required to personally pay $500 to $5,000, while public agency violations would have that amount taken from their budgets.

SOC would recommend the level of these fines, and any fines that Ethics decided to impose would be placed in SOC’s litigation fund. “That should be enough for most departments to comply,” Craven-Green said.

Terry Francke, general counsel of Californians Aware, a Sacramento-based center for public forum rights, has been consulting with SOTF on the changes. He says the Achilles’ heel of the Sunshine Ordinance, which the board enacted in 1993 and voters amended in 1999 through Proposition G, has been what happens to a department or official who refuses to comply with what SOTF thinks is required.

Under the state’s Brown Act open meeting law and the California Public Records Act, correcting the unlawful withholding of public information requires a civil lawsuit. “You go into court, tell them this or that practice violates the Brown Act and ask the court to order a correction,” Francke said. “Or you go to court with a request for public records that you believe are being unlawfully withheld.”

But now SOTF is folding Francke’s recommendations to hire a litigator into the SOC amendment package, along with establishing a $50,000 annual litigation fund. The amendments would require voter approval and the willingness of four members of the Board of Supervisors to place them on the ballot.

Francke acknowledges that this litigation fund could sound odd, “but it’s a kick start that’s needed” to encourage compliance. “It’s not so much a net outflow of funds as a kind of transfer of funds from the operating fund of a particular agency that violated law to the litigation fund of the SO commission.”

Francke says Grossman’s lawsuit is a good example of a successful effort to take the city to court. “But the difference, under the proposed amendments, is that $25,000 payment would go into SOC’s litigation fund,” Francke said. “If the lawsuit by Mr. Grossman had been filed by SOC with its enforcement attorney, that would not have meant a net loss by the city, it would mean a net gain to the commission’s litigation fund.”

The problem now, Francke observes, is that Ethics dismisses most complaints on the grounds that it was not official misconduct or willful failure because employees or officials were acting on City Attorney’s Office advice.

“It’s less important that the occasional willful violation of the Sunshine laws gets punished personally than that the violation gets stopped,” Francke said. “And someone saying, ‘Harry/Judy, what you did there cost $25, 000’ is not a career morale builder.”

Craven-Green agrees that the problem to date has been that departments rely on the advice of the City Attorney’s Office, and SOTF often disagrees with its positions. “One of the reasons we referred these cases to Ethics was so it would take a neutral look,” she explained. “What’s been frustrating is that the Ethics Commission has not done that. It’s simply sided with the City Attorney’s Office.”

Last year, following a joint meeting between the Ethics Commission and SOFT to discuss difficulties those bodies have had with one another, Ethics’ St. Croix introduced changes in how the agency handles SOTF referrals, including defining when he may simply dismiss a referral and allow some documents from its investigations to be made public.

“We are really working to resolve these difficulties,” St. Croix told us. “The core of the conflict has been that when they refer complaints, we investigate. But from their point of view, they’ve done an investigation, and our response should be to assign penalties.”

Grossman is hopeful that SOTF’s proposed amendment package will resolve some problems. As he told us, “It substantially reduces Ethics’ ability to dismiss cases arbitrarily.”

MUNI driver: luck, not system, saved my family

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MUNI bus driver Charles Washington says it was luck that won his family a reprieve from a federal deportation order. His Australian bride Tracey, who he married in Reno last April, and her 13-year-old son were served deportation orders after the boy got into a schoolyard fight and a police officer wrote him up with three felony charges. Under the city’s current policy, felony charges against undocumented youth triggers an immediate referral to ICE before the youth can prove their innocence.

Charles and Tracey Washington hug outside a hearing on the city’s policy towards immigrant youth. After the hearing, the juvenile probation department dropped language from its policy that advocates say could lead to racial profiling, but JPD Chief William Sifferman said the department cann’t allow kids due process for fear of being accused of harboring and transporting aliens.

Washington’s family won a reprieve after the media learned of their plight, an outcome Charles puts down to luck, not evidence that the system is working. He believes the nightmare his family is going through proves that the city’s policy towards immigrant youth isn’t working. And he wants those responsible for setting that policy to take responsibility and fix what’s broken,  not pass the buck by trying to hide behind federal laws they claim prevent them from fixing their own policy.

“The problem with the policy is that is doesn’t allow for due process,” Washington said during a March 4 hearing on the city’s policy which Mayor Gavin Newsom ordered in 2008.”The policy is based upon the original charges that a police officer made, a  field officer who has to make a quick decison based upon a couple of known facts,” Washington said. “Kids get treated as if they are guilty before they are proven innocent. There has to be a better way for the system to work.”

Washington doesn’t blame the city’s police or probation officers for his stepson getting referred to the feds before he could prove he was innocent of felony-level charges.

Gabe Calvillo, president of the city’s probation officers union, congratulated the Washington family on their reprieve, but repeated concerns that giving kids their day in court would put his members at risk.

And Washington does not blame city workers for the fact that federal immigration agents used his stepson as bait to get his wife to come in to their Sansome Street office where they handed her and her son deportation orders and slapped an electronic monitoring device on her ankle–a device she is still wearing to this day.

 Tracey Washington demonstrates the device that the feds are forcing her to wear, making her feel like a “murderer,” even though the couple say federal contractors gave them misinformation about when to apply for a green card, after she got married to  Charles Washington while she and her two sons were here on a visa waiver.

As a city worker, Washington gets that these city workers were simply following orders. But as a husband, father and US citizen who is still fighting to keep his family intact, he believes that those responsible for the policy that led to this nightmarish sequence of events are hiding behind claims that their hands are tied by federal law. And he wants them to get off their hands and back to the drawing board, so other families don’t have to go through what his family just experienced.

And unlike many families that feel they were unnecessarily ripped apart by the city’s policy towards immigrant kids, Washington can articulate his concerns without fear of being deported himself.

“It’s unbelievable how any family could have been put in that position,” Washington said, recalling how his son landed in ICE’s hands, after a SFPD officer wrote him up for three felony charges, following a schoolyard fight over 46 cents.

When an SFPD officer charges a juvenile with a felony, juvenile probation is required to refer the kid to US Immigration and Customs Enforcement (ICE), if they suspect the youth is here without legal documentation.

Once Washington’s stepson was referred to ICE, under a policy that Mayor Gavin Newsom ordered in 2008, the feds ordered him and his mother deported, without waiting to see if local courts actually find the boy guilty of any felony charges.

It was only when Washington went public with his family’s nightmare and the media started making calls that ICE backed off.

But while it was the city’s flawed policy that landed the Washingtons in this dilemma, the Mayor’s Office did not offer to try and help. Instead, the Mayor’s office claimed that their case proves that Newsom’s policy is “not draconian.” (You can read Newsom’s full statement at the end of this post.)

“The Mayor’s Office could have contacted me, tracked me down,” Washington said. “But they just sat back and waited to jump on the band wagon, whichever way it went.”

Mayoral spokesperson Tony Winnicker said the Mayor’s Office was sympathetic to the family’s plight but could see no reason to get involved in what he described as “a federal immigration matter.”

But Washington notes that it was Newsom’s policy that led to his stepson being referred to ICE, and the feds would have deported his family this week, if they hadn’t gone public with their case,a step most immigrant families are afraid to take.

“The bottom line is that we got lucky,” Washington said. “How many families wouldn’t know what to do in this situation? When I spoke at the press conference at the Asian Law Caucus,  I didn’t know what to do either. What if the Asian Law Caucus had been too busy, or the media hadn’t come to the press conference? Does everybody have to contact a lawyer. Our story shows that the system failed, and that it was luck that saved us.”

While folks are acting as if the Washingtons’ problems are over, the family still faces huge financial and legal challenges.

“For the time being, we’ve had a huge burden lifted off of us, but the next huge problem is that we are bing requested to have one-way plane tickets ready for the first part of April, though we are not being asked to leave now until May 4, that’s several thousand dollars that we have to lose,” Washington said, noting that it will cost over $4,000 to apply for green cards.
“Meanwhile, It looks like everyone wants to point the finger at someone else instead of focusing on the fact that there is a problem.”

Washington made his comments after a hearing that Sup. David Campos called to determine why the Juvenile Probation department hasn’t implemented an amendment that Campos introduced in 2009 to address the Catch 22 situation that’s  hidden within Newsom’s current policy and that ensnared the Washingtons’ kid.

Campos’ amendment instructed probation officers to wait until kids have had their day in court before referring them to ICE. But Mayor Newsom said he will ignore the amendment, and JPD Chief Sifferman has refused to implement it.

Either way, Campos’ March 4 hearing offered a rare insight into the, some would say, dysfunctional dynamics within the city’s juvenile justice department since it came under the microscope of US Attorney Joe Russoniello in 2008.

A Bush appointee, Russoniello has been ideologically opposed to the concept of sanctuary ever since the city enacted its City of Refuge ordinance in the 1980s, when he was first US Attorney for Northern California.

After Kevin Ryan was fired as US Attorney in 2006 and hired as Newsom’s director of criminal justice in 2007, Russoniello resumed his post as top federal prosecutor, a position of power that let him launch a federal Grand Jury investigation in 2008 to determine if JPD’s former practices violated federal law.

Ryan has since resigned from the Mayor’s Office, and the Obama adminstration is vetting Russoniello’s replacement, but the City claims it can’t give immigrant kids their day in court for fear of federal retaliation. And some believe the unresolved tension between the city’s sanctuary policy and the federal immigration laws will continue, unless national immigration reform occurs.

Juvenile Probation Department Chief William Sifferman said today that his department is eliminating language from its juvenile immigrant policy that could be an invitation to racial profiling.

JPD Chief William Sifferman told Campos that his department looked into Campos’ amendment, which directs JPD to modify its policies and practices to the “extent permitted by federal law”‘and concluded that it cannot modify them.

Sifferman recalled what happened when JPD used to return immigrant youth to their country of origin or place them in group homes, with no notification to ICE.

“Many of these youth were arrested for selling crack cocaine in the Tenderloin, were placed in group homes, ran away, were rearrested, selling drugs again,” Sifferman testified.

He recalled how JPD officers were interrogated and threatened with arrest by federal agents who intercepted them at Houston airport as they were accompanying minors to Honduras. And that Russoniello subsequently convened a Grand Jury to investigate JPD’s actions.

“That investigation continues to this day,” Sifferman said. “The department’s current policy was adpoted becoasue of these concerns.”

“Until a court rules otherwise, the department must conclude that [federal] law would not allow the city to change its policy,” Sifferman said.

He said probation officers are trained not to directly question juveniles or their parents about their immigration status. And hee noted “a marked reduction” in the number of unaccompanied Honduran minors who have been arrested for selling crack cocaine.

“We believe our policy has significantly reversed a 15-year trend in the city’s history,” he said.

Sifferman said he did not receive Campos’ request for time estimate information until 48 hours before the March 4 hearing, though Campos said he made his request weeks ago.

But he offered some statistics, including the fact that “since July 2008, JPD has released 107 unduplicated youth to ICE, 125 times.”

“This means that 17 were referred to ICE twice, that they returned to country of origin, then reoffended,” Sifferman explained.

He also noted that 92 percent of the youth are released to ICE after a felony finding.

“Only a small number are released to ICE without having determined if they had committed a felony,” Sifferman said.

The monthly average of kids referred to ICE for the first four months of the city’s new policy was ten, Sifferman said.

“And for the past 16 months, it’s been five,” he said. “We attribute this decline to undocumented Honduran youth no longer returning to the Tenderloin to sell crack with the same frequency.”

But he claimed that while there has been a reduction in releases to ICE, there had been no measurable decline in probation officer’s case or work load.

‘They continue to supervise kids who have not been referred to ICE,” he said.

“We have dedicated none of our resources to working with ICE,” he added.

Contact with ICE is limited to fax transmissions, follow-up phone calls, and follow-up responses, Sifferman said.

“Probation officers do not arrest or detain youth based on their undocumented status nor do they assist in taking youth into ICE custody,” Sifferman said. “We must always recognize the public safety impliations of our policy.”

Asked what kind of resources JPD spends on this contact, Sifferman said, “De minimus.”

Pressed  for more details,  Sifferman said, “It’s difficult to estimate given that our staffing level functions are ministerial—a fax being sent a record placed in a file, a phone call about a potential release date. We haven’t done a time study.”

Campos noted that unlike JPD’s former policy, the amendment he enacted last fall does not call for prior policing and actual transport of youth across the country. But Sifferman countered that if youth are released back into the community, JPD could be aked to transport them “to various locales.”

Campos questioned Sifferman as to the origin of language in Newsom’s current policy that immigrant advocates believe could lead to racial profiling (language that, as the Guardian learned today, has now been deleted from the policy).

“In determining whether there is reasonable suspicion that youth is undocumented, one of the criteria listed in the policy says, ‘presence of undocumented persons, ‘ but how would you know when a person is undocumented?” Campos asked.

“There could be information in the arresting report describing the conditions,” Sifferman suggested.

“How did you decide to include this language in the policy?” Campos asked.

“It was based on research and advice we received from the City Attorney’s office,” Sifferman said. “The entire policy is based on review and approval of the City Attorney’s office.”

“Can you see how something as open-ended as this could lead to racial profiling?” Campos asked.

‘It could, it requires vigilant oversight, if that criterion was taken alone, we’d have  a problem wth that,” Sifferman said.

Sup. Eric Mar said he was “very upset,” that Sifferman did not have the cost estimates available.
Mar also voiced concerns that the policy sounded “like a justification for racial profiling.”

“I really respect you, but it sure sounds like you’re flying in the face of San Francicso values when you are not implementing a policy to protect due process,” Mar said.

“I disagree that we have been intentionally stalling,” said Sifferman, who has been hit with budget cuts and staffing reductions in the past couple of years like other department heads.

Campos took issue with Sifferman citing Title 8, Section 1373 of the US code as justification for not implementing his policy amendment.

That section of the US code states that, “Notwithstanding any other provision of Federal, State, or local law, a Federal, State, or local government entity or official may not prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the Immigration and Naturalization Service information regarding the citizenship or immigration status, lawful or unlawful, of any individual. “

“Can you point to a section of the federal law that requires you to report?” Campos said
“No, I can’t,” Sifferman said.

But Sifferman subsequently noted  that there is a prohibition against “transporting and harboring any person known to be undocumented,” a position that leaves JPD officers feeling vulnerable given that the department has received three federal Granf Jury subpoenas related to JPD’s previous policy towards juveniles.

During public comment, UC Davis Law Professor Bill Ong Hing addressed the fact that a bunch of misinformation continues to swirl around the city’s immigrant juvenile policy.

“I would encourage the Board, Chief Sifferman, the Mayor’s Office and City Attorney’s office to sit down together,” Hing said. “A lot of misinformation is floating around.”

Hing noted that there is nothing in the Campos amendment that prohibits reporting kids to ICE.

“But you do not have to volunteer information to them, if it’s not required,” Hing said.

“The vast majority of jurisdictions don’t contact ICE [before kids have day in court], they recognize that’s not good policing, ” Hing continued. “Under the rules of federalism, there is nothing that prohibits this ordinance.”

“And there has never been a prosecution of a city worker [for following a city’s sanctuary policy], and [a prosecution of a city worker for that] wouldn’t be authorized by the Obama admininstration,” Hing claimed.

He also said that a confidential memo that Mayor Newsom leaked to the Chronicle was ‘laughable”.

“It exagerrates the likelihood of a successfully overruling the sanctuary ordinance,” Hing said.

Hing concluded that City Attorney approved language in Newsom’s current policy, “is a complete inviation for racial profiling.”

City Attorney spokesperson Matt Dorsey responded forcefully to these accusations.

“Racial profiling is illegal, and something we take very seriously,” Dorsey wrote in an email.” Part of the City Attorney’s duty is to advise against illegal conduct. If a client department informs us that a policy could risk illegality, we will work with our clients to make sure laws aren’t broken, and that no one’s rights are violated. That’s a job lawyers do every day.  And that’s especially true here, where the matter involves litigation, threats of litigation, and a federal criminal investigation.”

And today, JPD decided to eliminate the language that was triggering racial profiling concerns.

Meanwhile, mayoral spokesperson Tony Winnicker noted that of the 125 reports to ICE since July 2008, 97 percent were for felony arrests, and the other 3 percent were “misdemeanors with priors.”

Winnicker also emailed a statement from Newsom that reads as follows:

“I have long supported our sanctuary policy and a range of policies and programs designed to assist our immigrant community. I believe San Francisco continues to be an international leader with our efforts to protect immigrants in our community. However, the sanctuary ordinance as originally conceived and adopted was designed to protect all residents of our city, not as a shield for felons and criminal behavior. I will not put City staff, our sanctuary city policy and thousands of residents at risk to shield felony criminal behavior by a few. Immigration and Customs enforcement is a federal responsibility. San Francisco cannot be the arbiter of immigration cases that take place within the City. That’s why many other counties in California have a similar policy of reporting suspected juvenile felons to Immigration and Customs Enforcement at the booking stage. The recent example of the Washington family validates that our current policy is appropriate. Juvenile Probation officials report undocumented felony arrests to Immigration & Customs Enforcement, and Immigration & Customs Enforcement officials determine the appropriate response. In this case, once President Obama’s Immigration and Customs Enforcement office became aware of the exceptional circumstances around the case, they took commendable action to ensure that the young boy and his family were given time to resolve their residency status.San Francisco’s Sanctuary Ordinance continues to strike the appropriate balance between offering a welcoming hand to our immigrant community and protecting the public safety of law-abiding residents of our City.”

That’s a fine statement, and I’m sure the mayor cares about youth, whatever their nationality and immigration status. But  immigrant youth still face a  Catch 22 trap within his policy that has led kids who haven’t committed felonies being referred to ICE for deporation. The question now becomes, can a miracle happen? Will everyone involved–at the city and federal level–sit down and hash out an equitable solution? Will heads of other city departments acknowledge their role in this process or will Sifferman be hung out to dry all on his lonesome? And will a bunch more kids get thrown under the bus before we as a nation find our way towards a saner and more equitable immigration process? Stay tuned.

ICE postpones deporting SF MUNI worker’s family

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I just got a call from US Immigration and Customs Enforcement advising me that ICE has decided to postpone deporting the wife and son of MUNI bus driver Charles Washington for 60 days.

“We’re hoping that postponing their removal will afford them the opportunity to get their affairs in order and address outstanding legal issues,” ICE spokesperson VIrginia Kice told me. Kice said this extension should give the family time to deal with their “pending adjustment application,” and determine “whether they have the opportunity to gain legal status.”

That’s great news for the Washingtons and another sign that may be hope, after all. (Angela Chan, staff attorney for the Asian Law Caucus, is now trying to get ICE to give the family 6 months, since this is how long US Citizenship and Immigration Service (US CIS) has told her it would take for them to process the Washingtons’ green card applications, and hopefully all the federal agencies involved are going to coordinate their efforts on this case.)

Meanwhile, Sup. David Campos is still trying to get the Juvenile Probation Department to implement his amendment to the sanctuary ordinance to stop nightmares like this from happening. Campos has scheduled a hearing at 10 a.m., Thursday March 4. So, stay tuned.

Family’s deportation illustrates why Campos’ amendment is needed

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The case of MUNI bus driver Charles Washington, whose wife Tracey and her 13-year old son face deportation on Friday after the boy tried to take 46 cents from another kid, helps illustrate why Sup. David Campos spent over a year working with local immigration experts to figure out a way to amend the city’s sanctuary policy. Under the Campos amendment, which Mayor Gavin Newsom has refused to implement, kids like Charles Washington’s 13-year-old stepson would only be referred to US immigration and Customs Enforcement after a juvenile justice determined that they were actually guilty of a felony.

Unfortunately, the city’s juvenile probation department, under Mayor Gavin Newsom’s orders, and running scared of rightwing nuts who have unsuccesfully tried to sue the city, has refused to implement Campos amendment. Campos, who spent over a year working with immigration experts to develop a measured and legally defensible amendment, has called a hearing to determine why juvenile probation is refusing to implement his amendment, which a super majority of the Board supported last year,thereby overriding Newsom’s mayoral veto.

And now, with the face of the Washingtons all over the local media, city officials are either rushing to clarify their positions, or avoiding reporters altogether, as the Washingtons fight to keep their family intact–and in San Francisco.

Sgt Tomioka of the San Francisco police Department left me a message this morning to clarify that the SFPD doesn’t refer immigrant youth to US Immigration and Customs Enforcement (ICE).

“That is not a function of the SFPD,” Tomioka said in a voice message.
And she’s right. That job is left to the city’s probation officers. But the city’s probation officers are required, under Newsom’s policy, to refer kids to ICE if the arresting SFPD officer charges them with a felony. So, in that sense the SFPD is involved in the ICE referral process, albeit indirectly.

As the SFPD’s Sgt. Wilfred Williams explained, SFPD officers make the arrests, write up the charges and transport suspected juvenile felons to the Juvenile Justice Center.

And it’s at the Juvenile Justice Center that members of the city’s Juvenile Probation Department are required, under Newsom’s orders, to pick up the phone and refer kids to US Immigration and Customs Enforcement (ICE) when kids they suspect of being undocumented are booked with felony charges.

In the case of Charles Washington’s skinny 13-year-old stepson, the kid was arrested by the SFPD on Jan. 25 and charged with felony assault, extortion and robbery. I haven’t seen a police report of the incident, yet. But Washington said it was based on what the other kid’s family told the police, and that there were no witnesses to the incident. And felony charges are all that’s needed, under Newsom’s current policy to require a probation officer to refer a kid to ICE.

And once juveniles are in the hands of ICE, a nightmarish Catch 22 kicks in, in which local protections no longer apply, and ICE’s deportation orders can trump any legal immigration application, including green card applications.

In the case of the Washingtons, the family was applying for green cards–applications that cost thousands of dollars. And US Citizenship and Immigration Services had agreed to review their case. But then came their son’s arrest by the SFPD who charged him with three felonies and transported him to Juvenile Probation, whose officers were required to refer him to ICE. And ICE, according to Washington, then used his son “as bait” to get his wife to show up at their office, where they slapped an electronic monitoring device on her ankle and gave her and her son their deportation marching orders.

Angela Chan, staff attorney at the Asian Law Caucus, and the lawyer helping the Washingtons’ negogiate their way through this immigration nightmare, clarified that USCIS isn’t refusing to consider their case, because of the stepson’s referral.
Instead, the problem is that USCIS  won’t be able to finish that process before Friday, when the Washingtons are due to be deported.

“Unfortunately, the mother and her child will be deported by ICE well before their greencard application can be processed by USCIS, which can take months,” Chan said.

Further compounding the Washingtons’ legal problems is the fact that their 13-year-old is supposed to appear before a juvenile justice on Monday (March 8) to review the charges against him.Chan said it’s likely that a juvenile justice would review the boy’s case and reduce the charges, probably requiring him to do six months informal probation. In other words, the felony charges that led to his referral to ICE likely wouldn’t be upheld in court.

Now, under the amendment that Sup. Campos authored and the Board approved last fall, but Newsom is refusing to implement, the boy’s probation oficer would not be required to refer him to ICE if the felony charges aren’t upheld. In which case, the boy would go free, his parents could continue applying for green cards, and the family could remain intact

But since ICE want to deport Washington’s stepson before his March 8 hearing, the boy won’t have his day in court. Even worse, he will likely be slapped with a bench warrant by the juvenile justice department–the kind of Catch 22 detail that will play havoc with future attempts to apply for green cards from outside the US.

I asked Lori Haley of US ICE what’s the big hurry to deport the Washingtons by Friday.
“They overstayed their visas,” was all Haley would say, along with the comment that “We don’t confirm when someone is going to be deported.”

Asked who was responsible for telling the Washingtons that they needn’t rush to apply for green cards, which is what Charles Washington said happened, Haley referred me to UC CIS, whose spokesperson Sharon Rummery said it was impossible to ascertain if a contractor with the US government misinformed the family.

‘I can’t say that it’s true or not, because it was a private conversation between one of the operators who works on our customer service line,” Rummery said. “Our operators are highly trained and are backed up by our trained officers,” Rummery continued, confirming that the operators are contractors, not US CIS staff.

Rummery offered that folks who are deported to their native country can file for a waiver of deportation and also a waiver of a ban on reentering the country.

“They have to demonstrate that an immediate relative, who has legal status, in this case the husband, will suffer severe hardship,” Rummery said. “When they are sent away, then they can apply for a waiver and return with a green card.”

But Rummery said she could not provide a reliable time estimate as to how long all this would take, nor did she know how the stepson’s felony charges and possible bench warrant would impact the family’s chances of getting a green card through this process.

So, I called Sens. Barbara Boxer, Dianne Feinstein, Speaker of the House Nancy Pelosi, and President Barack Obama’s press office to see if any of them are aware of this case and whether they would consider a private bill. As the Asian Law Caucus’ Chan explained to me, earlier today, “A private bill is when a bill is passed to grant immigration relief for an individual.  It doesn’t change SF’s policy or the way the feds are bullying us, but it may help this family.
  
No one in Boxer, Feinstein, Pelosi or Obama’s press offices was aware of this case when I called, but they all said they’d look into it,and the folks in Feinstein’s office sounded horrified that a kid could be deported thanks to a schoolyard fight over 46 cents. So, maybe there is hope after all.

To date, Mayor Gavin Newsom’s new media spokesperson Tony Winnicker hasn’t returned my calls.

But I did read that Winnicker had told the Chronicle that it was “‘an unfortunate situation for the family, and we’re sympathetic to it.”

“But [Winnicker] said the mayor is actually protecting ‘hard-working, law-abiding residents of this city, including undocumented residents’ by reporting youths after felony arrests,” the Chronicle continued.

Somehow, I don’t think that Charles Washington, a hard-working law-abiding resident of San Francisco, would agree that anybody is protecting him by deporting his wife and her two kids. Especially since the 13-year old hasn’t even had his day in court to determine if he is even guilty as charged.

And while the Chron wrote that Washington “hopes to visit them in Australia,” the Chron’s reporter must have left the press conference by the time Washington explained  how often he is likely to get to visit Australia. As Washington noted,  if you are deported, you typically have to wait 3-10 years to visit the US again.
“So, if it’s a 10-year ban, I’ll get to visit them 3 times, and if it’s a 3-year ban, I’ll get to visit them once,” Washington, who drives a MUNI bus, said.

“I refer to them as my sons, because I’m still going to be their dad,” continued Washington, who is praying for a miracle.

In the meantime, Sup. David Campos is holding a March 4 hearing before the Board’s rules committee to explore why the City’s Juvenile Probation Department has refused to implement Campos’ amendment to Newsom’s sanctuary policy. Up unitl now, Newsom’s office has claimed that taking this extra precaution would violate the US Constitution. I wonder how many families like the Washingtons are going to have to be destroyed before someone in the Mayor’s Office decides that it’s time to revaluate their position and prevent local families from get ripped apart, simply because their kids, green cards or not, insist on acting like kids.

 

 

Newsom’s sanctuary policy destroys MUNI worker’s family

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“They used our son as bait, just to get the mother to come in,” Washington said.

When San Francisco native and MUNI bus driver Charles Washington married Tracey, his Australian girlfriend in Reno last April, he never imagined that she and her sons would be deported after her 13-year-old bullied another kid at school for 46 cents.

But that’s what will happen Friday, March 5, almost a year after their wedding, unless a miracle happens. And this travesty is happening thanks to Mayor Gavin Newsom’s overreaching juvenile sanctuary policy, a broken federal immigration system, and a couple who tried to do the right thing, but were told they didn’t need to apply for a green card in a hurry, when they called an immigration number for information last year.

‘What more could we have done other than call the number?” Washington asked, noting that once they were told it wasn’t urgent, they began saving up, so they could afford the several thousand dollars a green card for his wife and two kids was going to cost.

 

But now, thanks to a bullying incident at school, and the city’s overly draconian policy towards immigrant youth, Washington’s wife and her 13-year-old son will be deported to Australia on Friday, and her 5-year-old boy will accompany them, while Washington  stays in San Francisco to look after his 12-year old daughter (pictured in a photograph taken at the March 1 press conference at Asian Law Caucus).

“There are no laws that prevent me from going to Australia, but I have joint custody of my daughter from a previous marriage and her mother is not going to authorize the child to move, so I’m hoping for a miracle,” Washington explained.

His wife Tracey, who has been forced to wear a federal electronic monitoring bracelet since February, looked on in silence, flanked by her sons and step-daughter.

Washington, who grew up on Mt. Davidson Terrace, and was formerly in the military, had been driving a MUNI bus for a year and a half, when he woke one morning after he got home from his late-night MUNI shift, to hear the phone ringing with a call from his stepson’s school to say there where problems between him and a sixth grader.

“The school told me it was their policy to call the parents any time the police are going to talk to a child,” Washington said. Twenty minutes later, he and his wife were at the school, talking to an SFPD officer, who said a report had been filed by another parent about the incident and the police now wanted to talk to their kid.

After the interview with the police, Washington thought the worst thing that could happen was that the officer would write a citation to say his son needed to appear at juvenile court. Instead, the police arrested his stepson, putting him in handcuffs and saying that they were going to take him to the Juvenile Justice center.

“I think my son was in shock, as I was, “ Washington said. “What he actually did, and what the actual charges are, they are universes apart. Back when I was in school, at worst, a bully was sent home for the day, creating problems for them at home, when they explain to their parents why they’ve been sent home.”

Instead, Washington’s stepson was charged with felony robbery, extortion and assault after the parents of a sixth-grader at his school called the police, but his case has yet to be adjudicated by a juvenile justice, –and a bench warrant will be issued if he fails to attend a March 8 hearing in San Francisco—3 days after he and his mother are deported.

According to Washington, (pictured here (left) with Angela Chan, (right) staff attorney for the Asian Law Caucus) no weapons, no injuries and no witnesses were involved in his stepson’s incident. “And it was strictly one kids’ words against the other,” Washington said.

So, why did the police decide to refer his stepson to the federal immigration authorities?

“I think the officer picked up on the fact that he had an accent,” Washington said. “And when asked where he was born, my stepson said, ‘Australia.’ He is 13 years old. He doesn’t know if he is undocumented or not. As far as he is concerned, he was born in Australia, moved to San Francisco, and this is his family, his new family.”

Washington said his stepson was held for a week at Juvenile Hall for a week, during which the atmosphere at home became tense and stressful.

“We did not understand why this was happening,” Washington said. “Kids on my bus get on and do way worse things than he actually did, and the police usually make their presence known, but there is no worry about going to Juvenile Hall.”

But the worst was yet to come.
After his stepson had been at Juvenile Hall for about a week, Washington got a call from his stepson’s probation officer, saying that he was going to have to contact federal Immigration and Customs Enforcement (ICE).

“He said he had to contact ICE, that he was just doing his job, that it’s what’s required under his job title,” Washington said.

Under a new policy that Mayor Gavin Newsom ordered in the summer of 2008, the city’s juvenile probation officers are required to contact the feds when a juvenile is booked on suspected felony charges. This means, the probation officers are required to contact ICE before immigrant kids have even had a hearing before a juvenile judge to determine if they are in fact, guilty, as charged.

‘They didn’t say, ‘he might be deported,’” Washington said.” I was just told that there might be a ‘ICE hold put on him,’ but at this point I was still not understanding the importance of ICE.”

Once ICE picked up his stepson and transferred him to ICE’s facility on Sansome Street, Washington got a call from his stepson, who said he was OK.

“At this point, we were aware of the immigration issue, so I told my wife to stay at home and I went down there with a lawyer, and I was able to meet with my son,” Washington recalled.

But when he got back home, he received a call from his lawyer who notified him that if his wife was willing to go in and put on an electronic monitoring ankle bracelet, the feds would release their son.

“So, I drove my wife to Sansome Street, and that’s when we were informed that she was being handed her deportation orders, along with our 13-year-old son,” he said

His wife has been wearing the electronic monitoring ankle bracelet ever since.

“She wore pants today because it makes her feel ashamed, and she cries nightly over the fact that she feels like she’s being treated like an animal,” Washington said. “She says, ‘I feel like they think I’m a murderer, but I’m not, I haven’t done anything wrong.’”

According to Washington, his wife arrived in the country along with her kids on a 90-day visa-waiver, and the couple got married about 45 days into that visa.

“We had known each other for seven years, and we looked into getting a green card, two days after we were married, and we were told, not once, but twice, that if you enter on a visa-waiver, there is no deadline to apply for your green card. We were misinformed.”

But while Washington notes that the office that he spoke to was a contractor for the federal government and had its information wrong, he still can’t get over the fact that the federal government would treat him and his wife this way, using their son as bait.

‘This is all shocking to me,” Washington said. “I never dreamed America would treat not only someone from America, but someone not from America, this way. All we want is for our application to be reviewed based upon the facts. We are being told it’s too late.”

Equally upsetting for Washington was the experience of seeing his stepson used as bait.

‘They used our son as bait, just to get the mother to come in,” he said. “ Our son wasn’t there for more than 4 or 5 hours ,and we had no clue that the deportation papers would be served until we walked in. They hadn’t even put the monitoring bracelet on her. She could easily have run, but we still don’t want to break the law, regardless of the outcome. Even though we did something wrong according to ICE, it wasn’t intentionally. If we had been given the correct information, we wouldn’t be here. Yes, we couldn’t afford the money at that time, but we’d have made sacrifices.”

Washington said he is reaching out to the media in a last ditch effort to save his family.

“I don’t know any other way but to network, maybe someone might know someone else who can save my family,” he said. ‘My stepson, he’s just a nerd, he’s not a violent person, he’s not aggressive at all, he’s just being a boy, and he really hasn’t had a father figure in his life, until he moved here.”

Angela Chan, staff attorney for the Asian Law Caucus, which has been helping the Washington family try to get their green cards, said that if the son had never been reported to ICE, then the family likely would have received green cards.

“But now they are refusing to consider it, because of the ICE referral,” Chan said.

Chan also explained that if the boy was able to appear before a juvenile justice, he’d likely get informal probation for a first-time minor offense.

“He only had a hearing, but the juvenile proceedings were halted, when he got handed off to ICE,” Chan said. “The District Attorney had filed charges, but they had not yet been adjudicated, and a judge had not yet reduced the charges.”

Jane Kim, President of the San Francisco United School District said the School Board unanimously supported the amendment to Newsom’s policy that Sup. David Campos introduced last year and which a supermajority of the Board of Supervisors supports.

“We have seen how changes in the Juvenile Probation Department as of August 2008 have been used as a blunt tool to separate family members, regardless of whether the juvenile is convicted of the charges, and regardless of the family’s circumstances. And we don’t believe that the Campos amendment violates the US Constitution.”

“Newsom’s policy has put a lot of burden on our staff,’ Kim said, explaining how schools are now worried about calling the police, lest students end up being deported because the police referred them to ICE, based merely on accusations, 

“For those worried about public safety, I think this type of situation encourages under reporting,” Kim said.

Washington for his worries that his wife and her kids will be homeless in Australia.

‘My wife sold her furniture and gave up her apartment in Melbourne to come here, and her mother and father have a one-bedroom apartment, so there is no space for her and two kids,” he said

He also worries that if they ever manage to come back, his stepson will have a warrant out for his arrests:
 ‘Today we were notified that if my stepson doesn’t show up for his March 8 pre-hearing (in the juvenile justice system where the DA’s office is pressing charges), we’ll have to worry about a warrant for his arrest, which will make it even more difficult for him to move back” Washington said.

If a person is deported, they are barred from reentering the country for 3-10 years.

The Washingtons’ federal deportation will occur the day after the Board of Supervisors holds a hearing into why the city’s Juvenile Probation Department has failed to implement the city’s new policy towards immigrant youth: under the new policy, which the Board passed in 2009, a teenager like Tracey Washington’s son would get his day in court before being referred to federal immigration.

Since July 2008, when Newsom first began requiring probation officers to report all suspected undocumented youth for deportation right after arrest – before the youth  receives an attorney or a hearing on the alleged charges, over 160 children have been reported to ICE without regard to their innocence or how minor the offense.

In November 2009, a community-based based campaign resulted in the passage of a new policy that restores due process to immigrant youth. The new policy gives youth an opportunity to have a hearing and requires a finding that the youth committed a felony before any referral to ICE. If implemented, the new policy would boost public safety for all residents because it would put an end to the Mayor’s policy, which has caused immigrant residents to be afraid to have contact with city employees.

 “Until Mayor Newsom restores due process to all youth in San Francisco, many more hard-working families like the Washingtons will be torn apart,” said Chan.
On Thursday, March 4, the Board’s’ Rules Committee will hold a 10.30 am hearing at City Hall regarding Juvenile Probation Department’s refusal to implement the Campos amendment which would restore due process to youth.

Who cares about SF’s (black and brown) prisoners? Part 2

2

Eileen Hirst of the San Francisco County Sheriff’s Office just sent me statistics that prove that the majority of folks sitting in our county jails are black men awaiting trial — statistics that underscore the extent to which the “let’s not rebuild the prison” debate really is racially tinged:

“On any given day, we have about 2000 to 2100 people in custody,” Hirst said, noting that the two jails at the center of the debate only house male prisoners.

The biggest group in custody, Hirst said, are African American (58 percent). Next come Caucasians (18 percent), Latinos/Hispanics (15 percent), Asians (4 percent) and others (4 percent).

The overwhelming majority are male (87 percent).

And the vast majority (80 percent) are simply awaiting trial.
”Only 20 percent of the jail population is sentenced,” Hirst said.

So, does this mean that the nine supervisors who voted this week for a $412 million seismic safety bond that won’t upgrade these jails are racist?

No, but it does suggest that they believe that voters won’t support a bond that uses money to help build safe facilities to house black men in custody. Instead, the $412 million bond they voted to place on the June ballot will be used to build a new police command center, and retrofit firehouses and secure their water supply.

“No one is saying that we’re not going to rebuild the jails, but they are going to do the project in phases, and this bond represents the first phase,” Hirst said.

She noted that two previous attempts to pass bonds to rebuild prisons failed to get the required two-thirds of voter approval.

(In 1992, 57 percent of voters approved a $158  million general obligation bond, ten percent short of the needed 67 percent. Two years later, in 1994, only 54 percent of voters approved a similar bond, only know the same project’s costs had expanded to $195 million.)

‘And at that point we were under a federal court order to rebuild the jails,” Hirst said. She recalled how hot water had to be pumped in from a flatbed truck parked on the front lawn in front of those facilities that lay just two football fields away from the San Andreas fault, and that they have since been rebuilt.

Hirst said community groups went out with huge photos of those poor conditions, but the public still didn’t vote to support the bond, and the jails eventually got  rebuilt through a “certificate of participation” financing mechanism that Monique Moyer (who was then mayor Willie Brown’s director of public finance) came up with.

“So. I don’t think we are not going to rebuild,” Hirst said. “But we do operate in a landscape of competing priorities.”

Who cares about San Francisco’s (black and brown) prisoners?

0

I knew Sup. Chris Daly was going to get slammed for his Feb. 23 vote against placing a $412 million earthquake-safety bond measure on the June ballot. I knew it when I heard him say the following: ”I care more about the people at the jail, the people who are there involuntarily, if we have a seismic incident, then I do about the rest of the people at 850 Bryant.”

Daly noted that he would have supported the bond package if it included money for new lockups, as was originally proposed.

‘What about the people in the jails?” Daly asked. “These are San Franciscans, my constituents, folks who are disproportionately people of color, folks who are disproportionately low-income and have been caught up in the criminal justice system.”

What I later discovered  was that several key figures in the local prison reform movement, including Dorsey Nunn of Legal Services for Prisoners with Children and Rhodessa Jones of the Medea Project, a visionary theater model for incarcerated women, were sitting in the Chambers, awaiting commendations as part of the city’s ongoing Black History Month celebrations.

Later that same afternoon, Sup Ross Mirkarimi honored Jones (left) and Idris Ackamoor (right) for their work with Cultural Oddysey. And afterwards, I caught up with Jones by phone to see what she thought of the plan not to rebuild the jails on Bryant Street , a decision apparently made to reduce the price of the city’s proposed seismic safety charter amendment by $250 million.

Jones, who conducted a residency at San Francisco county jail that resulted in the Medea Project, told me that these kind of inequitable decisions illustrate why she got motivated to do work inside jail, in the first place.

“When we walk into the jail, we try to educated the prisoners that they have no rights and no safety,” Jones said. “We are trying to find ways to infuse their lives with the political reality and end recidivism.”

She also noted that she has not been able to take the Medea Project inside the local jail because it’s gotten so crowded.

But last time she was there, the women were primarily black and brown and, according to Jones, “they are the fastest growing number inside.”

Jones, who is currently working on the issue of reparations and “how the prison-industrial complex looks so much like slavery,”  told me that in the 20 years since she began the Medea project, she’s learned that figuring out the questions around any issue is central to understanding it.

“So, are these folks not human beings as well? How do we transform the humanity? And what would Christ do? A lot of people don’t have any connection with an issue until it’s sitting at their dinner table,” Jones said.

Meanwhile, the Board also honored a dozen other local African American leaders,

These honorees included Brian Gadsden (at the podium) and Herve Ernes

Sup. Carmen Chu recognized Kenyatta Scott of Abraham Lincoln High School (in red at the podium.

 

Sup. Ross Mirkarimi recognized Don Lacey (KPOO FM) and Marcus Books.

Sup. Daly recognized Bobby Bogan (at the podium below) of Seniors Organizing Seniors.

Sup. Sean Elsbernd recognized Courtney Johnson Clenendin, and Sup. Bevan Dufty recognized John Weber (see below); emperor of the Imperial Court

Sup. David Campos recognized Karen Huggins (at the podium) for her work with residents of San Francisco Housing Authority properties, describing her as a “force of nature.”

Sup. Sophie Maxwell, whose district is the subject of our cover story recognized Emily Wade-Thompson (at podium below), George Wahington Elementary School principal.

Supervisor Avalos recognized Joseph Lambert and Elba Clemente-Lambert, (both at podium below) who run the Creative Music Emporium.

“We are the last remaining African American owned store in San Francisco, and the only independent music store south of Cesar Chavez,” the Lamberts said.

On the way out of the press box, I couldn’t help photographing  this cutting in a file compiled by local African American videographer and blogger Ace Washington, who is passionately concerned about the ongoing exodus of San Francisco’s already dwindling black population. 

Anyone want to hazard a guess what the 2010 census is going to reveal? (Here’s a clue: it’s doubtless less than it was ten years ago).

Meanwhile, I’ll leave you with this video clip of Bobby Bogan talking about how he used to be in a gang and recruit for the gang, but is now working for and with seniors, one of other most vulnerable populations in town besides blacks, children, folks with disabilities and, you guessed it, prisoners of color. 

 

 

 

 

 

 

 

The battle for the forgotten district

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sarah@sfbg.com

This November, when voters in District 10 — the largest, sunniest, and most diverse of the city’s 11 supervisorial districts — replace termed out Sup. Sophie Maxwell, they’ll be making a selection that could have pivotal implications for the entire city.

That’s because the next supervisor from southeast San Francisco inherits a district that is home to some of the city’s biggest environmental and public health challenges, as well as the most potential for development that will determine what kind of city San Francisco becomes.

District 10 is where you’ll find the most polluted and most underdeveloped lands in San Francisco, areas that could either be transformed into models of a sustainability or, in the words of Tony Kelly, the president of Potrero Boosters Neighborhood Association, “be turned into a toxic Foster City.”

District 10 is where the slaughterhouses, tanneries, and glue factories set up shop and used the bay as a dumping ground. It’s where the smokestacks of coal and oil fired power plants polluted the air. It’s where the Navy filled the Bay, built a shipyard at Hunters Point and loaded parts of the first atomic bomb onto the USS Indianapolis in 1945.

District 10 is where the bottom fell out of this industrial economy in 1974, when the Navy left, taking with it people’s jobs, pay, and hopes for a home of their own and a better future, particularly for what was then a predominantly African American population.

And District 10 is ground zero for plans that will triple the population and double the number of homes — homes that likely will only be “affordable” to Google executives and retirees from Marin, forever changing the face of San Francisco’s southeast sector. Critics fear that will accelerate what has been a steady exodus of black residents, replaced by megadeveloper Lennar’s vision for a new D10.

It’s against this dark history and difficult present that a wide open field of more than a dozen candidates are vying to replace Maxwell, who came to power in 2000 and has had a mixed voting record in her decade on the board. Sometimes, Maxwell was the eighth vote that let the progressive majority on the Board override Mayor Gavin Newsom’s veto and pass trailblazing legislation. Other times, she was the swing vote that allowed the moderate minority to carry Newsom’s water.

So, in addition to D10’s many internal challenges, this seat could determine the political balance of power on the Board of Supervisors, placing all the more importance on voters in this long-marginalized part of town.

 

DISTRICT OF DISCONTENT

Eric Smith, a biodiesel activist who has thrown his hat in the D10 ring, says that there is a lot of frustration in the air, and looking at the problems the district is facing, it’s hardly surprising that it has what nearly every candidate agrees is a fractured political culture.

“The Bayview, the Hunters Point Shipyard’s toxic Superfund site, the homicide rate, unemployment, poor public transportation, dwindling services and community resources have made D10 one of the city’s largest melting pots of discontent,” Smith said.

Smith’s words were spoken while the Elections Department was verifying signatures earlier this month on a second failed effort to qualify a petition to recall Maxwell.

Bayview resident and D10 candidate Marie Franklin didn’t support the attempt to recall Maxwell, but she understood it as “a frustration movement.”

“People are sinking in the sand, we’ve already lost so many of them, and they felt Sophie wasn’t doing anything for them,” said Franklin, who praised Maxwell for helping get Franklin’s apartment building complex renovated — a job that was completed 18 months ago, at a cost of $65 million, creating 500 local jobs.

“There are 654 units here, and they were uninhabitable,” Franklin said. “There was black mold, rain falling inside. We had people living worse than Haiti.”

Franklin, who said she is running because she “knows the history,” came here in 1978, when she and her son were living in a car after a fire left them homeless. She said the Bayview was a totally isolated area, barely part of mainstream San Francisco.

“There were no taxis, no services,” she recalled. “Nobody would come here, it was the stigmatized area where no one was accountable to provide services.”

The Bayview — which in some ways is the heart of D-!0 — wasn’t always a black community. But African Americans have been living here for 70 years, dealing with all the racism, denial of services, poverty, and pollution. And it bothers Franklin that 85 percent of the 10,500 homes that Lennar plans to develop won’t be affordable to the elderly, disabled, unemployed and low-income people who currently live in the Bayview.

“We need to preserve the diversity of the community and make sure their issues and information will flow to City Hall,” she said. “You must give the people a handle. If you don’t reach out, they’ll slip. That’s why folks out migrated.

Whoever succeeds Maxwell will be a central player in addressing some very big and dirty issues: the future of the Navy’s radiologically impacted shipyard at Hunters Point, Lennar’s massive redevelopment plan for the Shipyard and Candlestick Point, the polluting power plants, replacement of stinky digesters at the sewage plant, and the SF Hope public lousing rebuild.

There’s also the chance to address violence and crime. James Calloway, a candidate who has long worked in Bay Area schools, told us he believes that education and jobs are part of the keys to rejuvenating the district.

“Job opportunities are not as plentiful in the district,” Calloway said. “When I was a kid, you could walk down Third Street at 2 a.m. Now I wouldn’t walk down it at 9 p.m., and I know the area.”

Calloway is hopeful that the massive redevelopment plan, if done correctly, could start the district’s comeback. “Not a lot of black folks stay here when they have extensive education,” he said. “But it’s not only them. Many were displaced by redevelopment and had no way to go back.”

 

ELECTION UP FOR GRABS

The largest of the city’s 11 electoral districts, D10 is a huge triangular piece of land in the city’s southeast sector that was used as an industrial dumping zone for decades. Today, the district runs from the Giants stadium at AT&T Park to the 49ers stadium at Candlestick Point and encompasses Mission Bay, Potrero Hill, Dogpatch, India Basin, Portola, Little Hollywood, and Visitacion Valley. It’s also crossed by two freeways that isolate it from the rest of the city, and is home to a large number of crumbling housing projects that are in the process of being rebuilt.

Candidate Ed Donaldson grew up in the projects until he was 10 years old, when the Redevelopment Agency kicked his family out in the 1970s. “We landed on our feet, but others weren’t so lucky,” said Donaldson, who works as a housing counseling director at the San Francisco Housing Development Corporation.

“There is a sense that the Bayview and Visitacion Valley have not been included within the San Francisco family,” Donaldson said. “There is a sense of being forgotten.”

In 2007, Donaldson co-founded the Osiris Coalition to tackle the city’s dormant Certificate of Preference program, in which the Redevelopment Agency issued a document to displaced residents and businesses in the 1960s promising that they could return.

He also tried to rescue some 700 foreclosed properties and recycle them as affordable housing stock. And now he is trying to prevent the city from bulldozing seven SF Hope projects without guaranteeing residents that they have right to remain.

In 2007, Mayor Gavin Newsom and Maxwell convened an African American Outmigration Task Force that didn’t get a public hearing about its findings until August 2008. The timing angered some, who questioned why the report’s findings and implications for urban planning weren’t released before June 2008, when the residents of San Francisco voted for the Lennar-led Proposition G, a proposal to build 10,000 market rate homes at one of San Francisco’s last remaining black communities, which Newsom and Maxwell endorsed.

The taskforce didn’t publish its recommendations until the end of 2009, allegedly because of insider squabbling. Meanwhile, gentrification was going on actively, and many blamed Newsom, and by extension Maxwell, for failing to do anything with the group’s findings as D10 residents continued to suffer from high rates of asthma, cancer, unemployment and an ongoing black exodus.

It wasn’t always this way. In the 1940s, the district’s black population exploded when migrants from the south and World War II veterans came to work at the Hunters Point Naval Shipyard. Some moved to Alice Griffith Public Housing complex, or Double Rock, which was built as military housing in 1962. Others relocated to the Bayview when the Redevelopment Agency took over the Fillmore/Western Addition in the ’60s and ’70s as part of a controversial urban renewal effort.

But when the Navy abandoned the shipyard in 1974, unemployment hit the black community hard. Today, hundreds of the city’s lowest income residents live in Alice Griffith’s crumbling units and endure sewage backups, no heat, cloudy drinking water and leaking ceilings, as they wait for the projects to be rebuilt.

“Generations have been trapped in the silo of public housing and cannot get out, because of lack of opportunity and education, so when we legislate, we need to take that into consideration,” said candidate Malia Cohen, whose grandfather came from Texas to work at the shipyard where he met her grandmother, whose family came from New Orleans.

“My grandfather’s father was a longshoreman. He worked with the infamous Leroy King [a commissioner at the city’s Redevelopment Agency] and he has fantastically vivid stories of racism,” said Cohen, who works for the Federal Reserve Bank of San Francisco, previously served on the executive staff of Mayor Gavin Newsom, and has already raised over $18,000 in the D10 race and qualified for public matching funds.

“My family came here to work hard, they lived on Navy road in the projects, and then they bought a house here. My parents were born here, and we were all public schooled,” Cohen recalled as she took me on a tour of D10 that ended up in Visitacion Valley, an increasingly Chinese-American neighborhood that reflects a district-wide trend.

Census data show that by 2000, Asians were the largest racial group in the district (30 percent), followed by blacks (29 percent), whites (26 percent), and Latinos (19 percent). By 2003, according to the California Urban Issues project, the trend continued. Asians were the largest racial group (32 percent), followed by blacks (27 percent), whites (21 percent) and Latinos (17 percent) of the population.

This means that D10 candidates will have to garner support from more than one ethnic group to win. Over a dozen candidates have already filed papers in the race, but so far there is no clear front-runner.

Also frustrating the prognosticators is that fact that D10 has had the lowest voter turnout in the city, so the winner will also depend on who goes to the polls.

D10 candidate Geoffrea Morris, who is the grand daughter of longtime Bayview activist Charlie Walker, has been knocking on doors and participating in voter registration drives.

“We need new blood,” Morris said

Getting elected will be a complicated equation. Although Bayview’s population was 50 percent African American at the time of the 2000 census, it didn’t turn out the vote. In the 2006 election, only 14,000 of the district’s 37,000 registered voters went to the ballot, and 50 percent were from whiter, richer, and more Asian neighborhoods.

“It’s very important to the future of the city that the ethnicity diversity of the board be maintained and that the African American community have representation,” former Board President and current Democratic Party chair Aaron Peskin told the Guardian.

Maxwell recently told the Guardian that she’s not ready to endorse any D10 candidates yet. “I’m waiting for people to have a better understanding of what this community is, what the common thread running through it is, and how to use rank choice voting,” she told us.

The only candidate who currently holds elected office is BART director Lynette Sweet, who had her answers down pat when we reached her by phone, and even used wording that was eerily similar to Maxwell’s words.

“D10 is a pretty diverse district, but there is only one common thread: the need for economic development,” Sweet told me. “That’s true in Potrero Hill, Portola, Dog Patch and the Bayview. It’s the same mantra: a lot of small businesses need help, and the only way to help them is through economic development. In Potrero Hill it’s about land use. In the Bayview, it’s about the shipyard and better transportation and truancies.”

 

THE COMMON THREAD

District 10 is ground zero for the Lennar’s $2.2 billion plan to develop 10,500 market rate condos at the Shipyard and Candlestick Point. The plan will allegedly create thousands of jobs and new parks, deliver on an historic community benefits agreement that labor groups claim is so “lawyered up” that the developer can’t renege on its promises.

The package is framed as the one and only way to revitalize the southeast’s formerly vibrant economic engine. Indeed, any time anyone tries to slow down the process—to take time to thoroughly read the draft EIR and see if it adequately addresses the impacts of this massive urban reengineering project — a chorus of “no delays” starts up, either from residents of the housing projects desperate to see their homes rebuilt, or the labor contractors who hope to get jobs.

“It’s as if the city is playing checkers, while Lennar is playing three-dimensional chess,” Eric Smith observed.

Lennar has stated that it will contribute $711 million to finance this massive project. The remainder will be leveraged by Mello-Roos bonds, state taxes based on the use and size of a property and intended to raise money for needed services, and tax increment financing, which creates funding for projects by borrowing against future property tax revenues.

The conceptual plan won Maxwell’s backing but environmental groups are critical of the draft EIR.

During DEIR hearing, environmentalists questioned the wisdom and the cost of filling the Bay to build a bridge over Yosemite Slough, and building condos on Candlestick Point state recreation area, the only open major open space in the district.

But the city’s Planning Department also has 20,000-30,000 units of housing in its pipeline. This means that if all these plans get approved in the next decade, they’d account for 80 percent of residential development citywide. And D10’s population could triple, further skewing the district’s already shifting demographics.

In other words, D10 as we know it could become nothing more than a historic relic in a few years, and the next supervisor will play a key role in deciding whether that happens. SFHDC’s Ed Donaldson warns that any supervisor who does not understand the complexity of the city’s largest district can expect a similar recall backlash in future.

“There is no one homogenous voice in the community,” Donaldson said. “The grass-roots organizing that brought about the recall effort was a result of a changing political structure in the area, but is not yet on par with other districts in town. We still allow our politics to be controlled from downtown.”

Fellow candidate Eric Smith warns that the issues—and politics—are complex.

“People were emotional, angry, and desperate because they feel no one listens to them,” Smith said. “That’s part of the problem here; they would rather have a supervisor go down swinging for them, rather than watch one seemingly side with Lennar, PG&E and the mayor on issues contrary to their interests. That’s the terrible irony and one of the biggest problems in District 10. Folks are so mad, they’re willing to do whatever it takes to make them feel they have a voice in the outcome, even if it’s potentially worse.”

Smith cited the sequence of events that culminated last year in the Navy dissolving the community-based shipyard Restoration Advisory Board (RAB), which for years has reviewed technical documents and commented on the Navy’s clean-up proposals. But in December, the Navy made its official decision to disband the RAB, citing dysfunctional behavior and off-topic discussions that got in the way.

“Some of the same folks who were frustrated by the process, tried to send a signal to the Navy that they weren’t being heard and for all their well-intentioned efforts got the RAB dissolved,” Smith said. “I truly feel for them, it’s absolutely heartbreaking, but at times, they can be their own worst enemy.”

One of the looming issues about the shipyard is that the land has been polluted and needs to be cleaned. The shipyard contains radioactive debris from ships towed to the shipyard, after a 90-foot wave washed over them during an atomic test gone awry. The Navy burned 610,000 gallons of radioactively contaminated ship fuel at the shipyard, and workers showered on the shipyard, raising concerns that radioactive materials got into the drains and sewers. And questions have been raised about radiological tests on animals at the yard.

 

LEAKS AND FLOODS

It’s not just the shipyard that’s toxic. Even the buildings that were constructed to house workers 50 years ago are a serious mess.

Realtor Diane Wesley Smith, who grew up in public housing projects, took me on a walking tour of Alice Griffith last week to see conditions that tenants will likely have to endure until at least 2014, if the city sticks to its plan to relocate people into a new replacement unit in the same geographical area, if not the exact same site.

What we found was pretty messed up.

“The water sometimes comes out brown and feels like sand. It’s been like that for a year,” one resident said.

“The water is cloudy, the bath tub isn’t working and the sink keeps stopping up,” said another.

A woman named Silvia showed us how the water from the tap in her elderly mother’s kitchen flows out cloudy and then doesn’t settle properly, like foamy beer.

“The roof’s been leaking for years, the sewage backs up, but they just fixed the lights,” Silvia said. A neighbor named Linda was using her oven as a heater.

“The toilet backs up a lot, and my grandson’s been coughing a lot from asthma,” Linda said.

“Roaches is always a problem,” said a woman named Stormi, dressed in black sweats and a black T-shirt that read, “Can’t knock the hustle.”

“They’re trying,” said Stormi, a member of the Alice Griffith Residents Association, as a couple of Housing Authority trucks pulled up to do repairs.

“They promise that you will not have to leave your unit, but if they try to move us down to the waterfront, well, there’s a reason there’s no housing there, and it’s because the land will flood,” Stormi said.

“If we don’t end up at the table, we’ll end up on the menu,” Wesley Smith warned, as she stopped to chat with a group of young men, who were worried they would pushed out of the Alice Griffith rebuild through the criteria being established.

“Fred Blackwell, the executive director of the Redevelopment Agency, assures me that’s not the case, but Alice Griffith is a Housing Authority property, and empty promises have the potential to be great promises provided they are made in writing,” Wesley Smith said as we walked out of the projects and onto the road where a yellow and black sign announced “flooded” next to Candlestick Point park, where Lennar wants to build.

Malia Cohen expressed concern about Hope SF residents, as we drove through the Sunnydale housing project.

“We have to be diligent and mindful that people are not pushed out,” Cohen said, noting the sweeping views at Gleneagles golf course above Sunnydale, and the value of housing for a golf course community. “When public housing gets taken offline, we must work with Redevelopment and the Housing Authority to make sure no one is changing the rules halfway. We have to make sure the talks and walks line up. We need to be equal partners. We cannot be bulldozed by City Hall.”

Geoffrea Morris is a Calworks employee, at the Southeast Community College facility on Oakdale, which was built to mitigate the city’s expansion of the sewage plant in 1987. She cited concerns about the literacy levels of people who live in the 2200 public housing units that cluster D10. “A lot of people in Alice Griffith don’t even know the dates or when it’s going to be reconstructed,” Morris said. “Folks like to be told stuff like that, but the city gives you a stack of papers. Some will read them, but others rely on folks they think are trustworthy. They need stuff in layman’s terms written on one sheet of paper.”

Morris is a fan of the Internet who posted a community survey online, and made sure every housing project got some literature telling people to get informed. She worries about the digital divide in D10:

“A lot of folks don’t have computers and access to important information,” Morris said. “And let’s talk about the way ‘affordable’ is used to trick people.”

Michael Cohen, Newsom’s top economic adviser, recently stated in a memo that over the expected 15-20 year phased build out, Lennar’s Candlestick-Shipyard development would include, “up to 10,500 residential units, about 32 percent of which (3,345) will be offered at below market rates.”

“But 892 units of this ‘affordable category’ will be sold to folks earning $100,000,” Morris said. “So if you subtract 892 units from affordable unit category, you’re back to 25 percent affordable.”

Candidate Kristine Enea, an attorney and a former RAB member, chairs the India Basin Neighborhood Association, which administers a US EPA grant to hire experts to translate the Navy’s cleanup documents into plain English and comment on them She was frustrated by the Navy’s decision to dissolve the RAB.

“The lack of a forum does nothing to bolster the community’s trust in the cleanup or the redevelopment process,” Enea said.

Enea generally supports the Lennar project, but has concerns about whether it will adequately mitigate increased car traffic, or result in commercial development that benefits her neighborhood.

“India basin is a pocket of Hunters Point right along the shoreline,” Enea said. “Right now, we have no shops or restaurants, no ATM, no groceries, nothing beyond one liquor store and a few industrial businesses.

Potrero Boosters president Tony Kelly told us that District 10 residents can think for themselves. “D10 residents don’t need to rely on corporations to solve their problems,” he said.

“Folks in the eastern neighborhoods came up with a better revitalization plan than what the city proposed and community activists managed to close the power plant, after the city said it was impossible,” Kelly recalled.

And there’s no shortage of good ideas.

Kelly suggested that an urban agriculture center could immediately put low-skilled folks to work by erecting greenhouses on unused land. Smith said the industrial zone could be “incredible eco-park made from sustainable sources.

‘D 10 is the dumping ground for everything, including all the city’s waste,” he said. “We could be a shining example, not just for D 10, but the rest of the state.”

The D 10 candidate line up includes Calloway, Cohen, Donaldson, Smith, Enea: civil rights attorney Dewitt Lacy, Morris, Potrero View publisher Steve Moss; District 7 BART director Lynette Sweet, Wesley-Smith. Bill Barnes, who works for Sup. Michela Alioto-Pier, and Linda Richardson, who was appointed to the Human Rights Commission in 2007 by Mayor Newsom, have also expressed interest in the race.

In such a huge field, name identification will play a major role. Sweet is in office, but BART Board is not a high-profile job and won’t give her a huge advantage.

Cohen has a slight edge right now in that she’s raised $18,505, including $500 from former Newsom flak Peter Ragone, making her the first D. 10 candidate to qualify for campaign financing. The oldest of five girls, Cohen recalls how her mother got laid off from her city job as a school-based mental health worker and then rehired, as part of the city’s budget cuts.

“We felt that pinch and the frustrating games that are played out between the leadership and the rank and file,” she said.

Cohen who worked for Newsom in his first term as mayor, but has since left his administration , said she is uncomfortable at being framed as Newsom’s candidate.

“Because I’m not, but I am one of the few candidates who has seen how the mayor and the Board work—and don’t work—together,” she said.

Moss sees the city’s southeast as a “district in transition.” Over coffee at Farley’s in Potrero Hill, he told me that the southeastern neighborhoods could be “launching pads for environmentally sustainable growth.”

“The district’s been in a frozen period for 30 years, But despite the problems, people are deeply committed to and in love with their community.

“This district is the future of San Francisco and its social fabric—the diversity, income –and its problems are leftovers from the city’s industrial age.”

 

 


 

DISTRICT 10, BY THE NUMBERS

Total Acres: 5,650

Average household income: $85,000

Population: 73,000

Registered voters: 37,700

Average housing price: $335,000

Ethnicity (2003 figures): Asian 32%, African American, 27%, white 21%, Hispanic 17%

Development status of land: 18% residential, 38% is commercial, 38% undevelopable

All figures the latest available. Sources: SFGIS, Association of Bay Area Governments, U.S. Census, California Urban Issues Project. Ethnicity and income data is from 2003 and almost certainly has changed.

“Whatever happened to my sanctuary city amendment?”

0

Yesterday, Sup. David Campos called for a status report on steps taken by San Francisco’s Juvenile Probation Department to implement an ordinance that the Board passed last fall to protect the confidentiality of juveniles’ immigration status.

And it already sounds like JPD has done nothing to implement it—and isn’t planning to, either, any time soon.

Campos announced that he met with Juvenile Probation Department (JPD) Chief William Siffermann today, and Siffermann told him that he had no intention of complying with the ordinance, which the Board passed Nov. 10, 2009.


JPD has had three months to figure out how best to implement the ordinance, which Campos helped author last year, and which seeks to give kids their day in court before handing them over tofederal immigration authorities for possible deportation.

Campos said he called the hearing so all the folks who worked to pass the legislation, and those it impacts, “have a public forum to hear about the decision not to implement it.”

Campos also requested a report on the impacts of JPD’s current policy towards suspected undocumented juvenile felons—a policy that Newsom ordered without public review and that JPD implemented on August 2008.

The report, Campos said, will include but is not limited to, the following:

1.    Determinations of cases of undocumented immigrant youth—original changes and final determination by the courts.

This will involve exploring not only what these youth were originally charged with at booking, but also what the local juvenile courts ultimately determined in their cases. So, expect to see a pattern in which the courts throw out or reduce the charges that resulted in these juveniles being reported to the feds at the moment of booking. Only, by the time the courts reach this determination, these kids have already been nabbed by the feds and transferred to detention facilities outside the city and/or state—a practice that has already resulted in the needless ripping apart of immigrant families.

2.    Policies, procedures and training provided to staff regarding inquiry into the immigration status of youth and compliance with the 1989 City of Refuge ordinance.

This exploration will likely lead to some eye-opening revelations as to how juvenile probation officers are expected, under the policy that Newsom ordered in 2008,  to question youth suspected of being undocumented, and how that contrasts/compares with the city’s original sanctuary ordinance which the Board implemented in 1989.
3.    The numbers of undocumented immigrant youth that have been reported to US Immigration and Customs Enforcement (ICE) since Newsom ordered his change in sanctuary policy direction in 2008.

Up until now, it’s been almost impossible to discover exactly how many kids the city has handed over to ICE under Newsom’s new policy. Yes, even though the city is now spending local tax payer dollars to hand local immigrants’ kids over to the feds, the city has not told the public how many kids have been handed over or their current whereabouts. This information, coupled with information about the final determinations that local courts made in these kids’ cases, will likely be another mind blower.

4.    Changes in caseload and staffing as a result of implementing Newsom’s new sanctuary policy direction in 2008.
Again, expect to see some interesting patterns emerge. Has the city saved money by referring kids to ICE at the moment of booking? How about time? And just how well trained are juvenile probation officers in the intricacies of immigration law, anyway?

5.    Information about department financial and human resources dedicated to collaboration with ICE.

This is where the proverbial shit may truly start hitting the fan. Are we needlessly alienating the immigrant community?  Are we doing so in counter productive ways?

As chair of the Rules Committee, Campos promised to schedule this hearing as soon as possible, so watch the Board’s committee calendar and expect to see sparks fly.