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"title": "10 Emails That Detail PG&E’s Cozy Relationship With Regulators",
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"content": "\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>n the years since the September 2010 natural gas pipeline explosion that killed eight people in San Bruno, the relationship between pipeline operator Pacific Gas and Electric Co. and high-ranking officials at the California Public Utilities Commission has come under intense scrutiny, undermining public trust in the state agency tasked with ensuring safe pipeline operations.\u003c/p>\n\u003cp>State prosecutors and a federal grand jury are currently zeroing in on alleged improper ties between PG&E and top state regulators. \u003ca href=\"http://ww2.kqed.org/news/2015/01/29/report-former-cpuc-chief-targeted-in-state-probe\" target=\"_blank\">State investigators\u003c/a> acting on a search warrant earlier this year seized iPhones, a laptop and bank statements from the residence of former CPUC President Michael Peevey and took similar items from the home of PG&E's former Vice President of Regulatory Affairs, Brian Cherry, all on suspicion of felony activity relating to a judge-shopping scandal brought to light by email records.\u003c/p>\n\u003cp>Those exchanges were made public in the wake of civil litigation brought on behalf of San Bruno, when a judge ordered PG&E to release records consisting of some 65,000 emails and 123,000 documents.\u003c/p>\n\u003caside class=\"alignright pullquote\">A PG&E executive and CPUC official were on 2,369 of the same email threads using their official email addresses — that’s an average of 11 times a week.\u003c/aside>\n\u003cp>KQED has taken a detailed look into this correspondence, which reveals in granular detail the familiar relationships between key decision-makers and PG&E executives that lasted well beyond the San Bruno incident. There are multiple instances of Peevey arranging to meet with Cherry for holiday visits that involved sipping wine — a keyword search of the email records for the words “pinot” or “cabernet,” for example, yielded 16 separate items.\u003c/p>\n\u003cp>But two of the closest confidants were Cherry and then-CPUC Executive Director Paul Clanon. The collection of documents provided by PG&E shows that between 2010 and 2014, Cherry and Clanon were on 2,369 of the same email threads using their official email addresses -- that's an average of 11 times a week.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Although some of these emails were sent years ago, an attempt to force a cultural change at the CPUC is only now making its way through the California Legislature. In an attempt to reform CPUC operations, the Senate recently approved \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=ccfbe52d6f35026fdd9d2a7e2414?bill_id=201520160SB660\" target=\"_blank\">SB 660\u003c/a>, a bill that would overhaul decision-making processes and restrict private exchanges.\u003c/p>\n\u003cp>In an interview with KQED, CPUC President Michael Picker said that the agency read every email released, conducted legal reviews and went through the state personnel process when breaches occurred.\u003c/p>\n\u003cp>The agency focused on correspondence from about 80 people below the level of commissioner. Some individuals left the CPUC prior to or during the review. The agency determined that action was not warranted against 54 of the people who remained on staff. CPUC spokeswoman Constance Gordon said \"individuals whose emails raised more serious issues\" -- the agency won't say how many -- received \"counseling memos\" or \"letters of correction.\" The agency also held a staff training in appropriate email decorum in April.\u003c/p>\n\u003cp>\"The challenge is that we are built for a different era, we were built in a time before emails,\" Picker said. \"Emails tend toward much more casual relationships. That’s a problem because when you start to get at a certain level of casualness, then you can slide into other kinds of ethical breaches.\"\u003c/p>\n\u003cp>Picker said that communications between PG&E staff and CPUC employees are currently banned for procedural cases. However, he said, the two staffs must be able to talk to each other.\u003c/p>\n\u003cp>\"We can’t do our jobs. We can’t guarantee that the electric system, the gas system work properly, we can’t make sure that people are being protected against unsafe infrastructure unless we are always in communication with the utilities. So if we’re not in contact with PG&E that’s as big of a problem and maybe a larger problem then some of the improper comportment,\" he said.\u003c/p>\n\u003cp>PG&E fired Cherry, as well as Senior Vice President of Regulatory Affairs Tom Bottorff and Vice President of Regulatory Proceedings Trina Horner, following the company's internal investigation into the emails.\u003c/p>\n\u003cp>PG&E spokesman Nick Stimmel \u003ca href=\"https://www.scribd.com/doc/269092248/CPUC-and-PG-E-Emails-PG-E-Statement-to-KQED\" target=\"_blank\">wrote in a statement\u003c/a>: \"With respect to the email issue, we have produced tens of thousands of emails voluntarily and in response to regulatory and legal requirements and we continue to cooperate with all investigations. In the meantime, we will let the content of the emails speak for themselves; we are not going to speculate about motivations or the actions of people who are no longer in roles with the CPUC or the company or about events that may or may not have occurred.\"\u003c/p>\n\u003cp>Below we highlight 10 email exchanges that demonstrate just how cozy ties between regulators and the regulated have been in day-to-day CPUC operations.\u003c/p>\n\u003cp>Read the emails\u003c/p>\n\u003ctable>\n\u003ctbody>\n\u003ctr>\n\u003ctd>1) \u003cstrong>\u003ca href=\"#controlRoom\">“The Control Room Audit”\u003c/a>\u003c/strong> Sept. 14, 2011\u003cbr>\n2) \u003cstrong>\u003ca href=\"#angels\">“Charlie’s Angels”\u003c/a>\u003c/strong> Oct. 18, 2011\u003cbr>\n3) \u003cstrong>\u003ca href=\"#seaRanch\">“Sea Ranch over Thanksgiving”\u003c/a>\u003c/strong> Nov. 24, 2010\u003cbr>\n4) \u003cstrong>\u003ca href=\"#Jellystone\">“How was Jellystone?”\u003c/a>\u003c/strong> Sept. 12, 2010\u003cbr>\n5) \u003cstrong>\u003ca href=\"#anyThoughts\">“Any thoughts – non-attributed of course?”\u003c/a>\u003c/strong> Oct. 20, 2010\u003c/td>\n\u003ctd>6) \u003cstrong>\u003ca href=\"#parallelUniverses\">“We live in parallel universes…”\u003c/a>\u003c/strong> January 10, 2011\u003cbr>\n7) \u003cstrong>\u003ca href=\"#investorRelations\">“Investor relations”\u003c/a>\u003c/strong> Sept. 26, 2011\u003cbr>\n8)\u003cstrong>\u003ca href=\"#happyBirthday\"> “Happy Birthday!”\u003c/a>\u003c/strong> Sept. 16, 2010\u003cbr>\n9) \u003cstrong>\u003ca href=\"#jerryBrown\">“Get this info to [Jerry] Brown”\u003c/a>\u003c/strong> January 11, 2011\u003cbr>\n10) \u003cstrong>\u003ca href=\"#prozac\">“Prozac might be a solution!”\u003c/a>\u003c/strong> June 4, 2010\u003cbr>\n\u003cstrong>\u003ca href=\"#whatHappened\">Where Are They Now?\u003c/a>\u003c/strong>\u003c/td>\n\u003c/tr>\n\u003c/tbody>\n\u003c/table>\n\u003cp>\u003cstrong>1) \u003ca name=\"controlRoom\">\u003c/a>“The Control Room Audit” -- Sept. 14, 2011\u003c/strong>\u003c/p>\n\u003cp>In the aftermath of the pipeline rupture that caused the San Bruno explosion, PG&E’s control room management became a focal point for safety improvement.\u003c/p>\n\u003cp>Natural gas pipelines may traverse thousands of miles. In a control room, pressure and flow across the underground network are monitored remotely. The federal Pipeline and Hazardous Materials Safety Administration moved to amend federal pipeline safety regulations in the months after San Bruno, imposing tougher regulations on control room operations.\u003c/p>\n\u003cp>But according to an email from PG&E’s Brian Cherry to CPUC’s then-Executive Director Paul Clanon, dated Sept. 14, 2011, the company encountered “some pressing problems” relating to a “control room audit.” Accordingly, Cherry wondered whether Clanon would be willing to “focus elsewhere.”\u003c/p>\n\u003cfigure id=\"attachment_10568616\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-e1434683321797.jpg\">\u003cimg class=\"size-medium wp-image-10568616\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-800x619.jpg\" alt=\"In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier.\" width=\"800\" height=\"619\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Paul – hope you are enjoying yourself in Jellystone but stay away from the wayward bison,” Cherry wrote. “I received a request from Nick [Stavropoulos, PG&E’s executive vice president of gas operations] and Chris [Johns, president of PG&E] … to seek your advice and counsel on the control room audit.\u003c/p>\n\u003cp>“Nick and Chris know we have problems in this area and would like you to focus elsewhere for the moment so that we can address some pressing problems. … Nick stated that you once offered to help out in any way you could if the Commission was becoming an obstacle to us getting the work done.”\u003c/p>\n\u003cp>A formal letter sent to Clanon about two weeks later on PG&E stationary shows the company was preparing for a visit from an independent consultant hired by the CPUC to inspect control-room operations. This audit was conducted to ensure compliance with federal rules. So was PG&E granted a delay? CPUC spokeswoman Constance Gordon said she could not comment on Clanon’s email directly, since he no longer works at the CPUC.\u003c/p>\n\u003cp>Commission President Michael Picker, who replaced Peevey after he stepped down last year, said that he could not comment directly on the contents of the email, either, since he was unfamiliar with the audit. However, he said, \"No one’s ever asked me to focus elsewhere. Chances are that would make me want to focus more.\"\u003c/p>\n\u003cp>Reached by phone, Clanon declined to comment.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089045/content?start_page=1&view_mode=scroll&access_key=key-LCWXLFaD7vmtymd0YBHr&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_25733\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>2) \u003ca name=\"angels\">\u003c/a>“Charlie’s Angels” -- Oct. 18, 2011\u003c/strong>\u003c/p>\n\u003cp>On Oct. 18, 2011, PG&E’s Brian Cherry forwarded CPUC President Mike Peevey an email attachment with the note “FYI.” It was a letter from Rep. Jackie Speier to U.S. Department of Transportation Secretary Ray LaHood, urging LaHood to require natural gas operators to remove from their networks a kind of plastic pipe, Aldyl-A, which is prone to cracking. PG&E has 1,231 miles of the pipe in its system.\u003c/p>\n\u003cp>Roughly six weeks earlier, \u003ca href=\"http://www.sfgate.com/news/article/Plastic-natural-gas-pipe-failure-data-kept-secret-2308629.php\" target=\"_blank\">a Cupertino condominium had been destroyed\u003c/a>, in an explosion and fire caused by a gas leak due to a cracked fitting in a plastic Aldyl-A pipe. When it investigated the cause of the blast, PG&E found six other plastic pipe failures near the blast site, records show.\u003c/p>\n\u003cfigure id=\"attachment_10568615\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg\">\u003cimg class=\"size-medium wp-image-10568615\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg\" alt=\"Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-960x639.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg 1100w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011. \u003ccite>(Courtesy Bernardus Lodge & Spa)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In response to Cherry's email, Peevey thanked Cherry for the update. Then the CPUC president moved onto another topic.\u003c/p>\n\u003cp>“See you for dinner Sunday night,” he wrote. “Where and when? Are you bringing Charlie's Angels too?”\u003c/p>\n\u003cp>Cherry responded: “7:30 at Marinus in the Bernardus Lodge in the Carmel Valley. About 20 minutes or so from Monterey but well worth the drive. We can make it earlier if you wish.”\u003c/p>\n\u003cp>He added, “Some angels may attend.”\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\">\u003cimg class=\"aligncenter size-full wp-image-10568675\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\" alt=\"angelstext\" width=\"796\" height=\"357\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext-400x179.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003c/p>\n\u003cp>\"Sunday night\" would have marked the start of the annual meeting of the The Conference of California Public Utility Counsel (CCPUC) at the Monterey Plaza Hotel. The nonprofit organization, which describes itself on the web as a “non-profit mutual benefit corporation,” has representatives from PG&E and other utilities on its board of directors. According to the \u003ca href=\"http://www.ccpuc.org/Past_Events?action=setup_form&formID=57\" target=\"_blank\">conference agenda\u003c/a>, Peevey was scheduled to speak at the conference on Monday, Oct. 24, 2011.\u003c/p>\n\u003cp>The conference itinerary shows that the evening activity on Sunday, Oct. 23 was a group activity –- attendees would be treated to a “reception and strolling dinner” at the Monterey Bay Aquarium from 7 to 9:30 p.m. But this email thread suggests Peevey and Cherry had other plans. The Bernardus Lodge & Spa is a luxury facility often booked for off-site corporate retreats, according to its website.\u003c/p>\n\u003cp>While it’s unclear who, or what, the men were referring to when they discussed whether “Charlie’s Angels” would attend, at the very least the detail illustrates close enough ties for them to share a mutual understanding about a coded phrase. Attempts to reach Cherry and Peevey by phone were unsuccessful.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090620/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_59557\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>3) \u003ca name=\"seaRanch\">\u003c/a>“Sea Ranch over Thanksgiving” -- Nov. 24, 2010\u003c/strong>\u003c/p>\n\u003cp>On Nov. 24, 2010, about six weeks after the San Bruno pipeline explosion, PG&E’s Brian Cherry emailed CPUC President Mike Peevey with some good news -- plus an invitation.\u003c/p>\n\u003cfigure id=\"attachment_10568674\" class=\"wp-caption aligncenter\" style=\"max-width: 796px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\">\u003cimg class=\"size-full wp-image-10568674\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\" alt=\"“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\" width=\"796\" height=\"260\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext-400x131.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\u003c/figcaption>\u003c/figure>\n\u003cp>Less than an hour later, Peevey responded. “Thanks for the offer but all tied up with family. Next time.”\u003c/p>\n\u003cp>Records show that while Peevey at that time declined Cherry’s invitation to the Sonoma County vacation spot, he took him up on similar offers on other occasions. The men shared “\u003ca href=\"http://www.latimes.com/business/la-fi-puc-scandal-20141009-story.html\" target=\"_blank\">two bottles of good pinot\u003c/a>” over Memorial Day weekend in 2010, for example, while they discussed renewable energy, gas rate increases and a ballot measure campaign.\u003c/p>\n\u003cp>Meanwhile, “Manzana” refers to PG&E’s proposed \u003ca href=\"http://www.pge.com/about/newsroom/newsreleases/20091203/pge_agrees_to_purchase_and_operate_major_california_wind_energy_project.shtml\" target=\"_blank\">Manzana Wind Project\u003c/a> in Kern County’s Tehachapi region, a $911 million, 246-megawatt renewable energy project that PG&E proposed in late 2009 and was then before the commission for approval. The California Department of Fish and Wildlife had reviewed the project’s environmental impacts out of concern that the wind turbines \u003ca href=\"http://www.forbes.com/sites/toddwoody/2012/01/04/revival-of-iconic-california-condor-threatens-states-wind-farm-boom/\" target=\"_blank\">could kill endangered California condors\u003c/a>.\u003c/p>\n\u003cp>Earlier that year, Cherry had emailed Peevey with information from PG&E’s investor relations division, citing a report from a Deutsche Bank financial analyst about the Manzana project. “Analysts are tracking Manzana … closely,” that email noted, with bankers considering it one of “the largest upcoming cases for the rest of the year.”\u003c/p>\n\u003cp>However, the Manzana project never came to fruition. An independent review by the CPUC’s Division of Ratepayer Advocates ultimately found that the wind project would have left customers bearing “significant risk and an unreasonable price tag.” The commission ultimately denied PG&E’s application.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091741/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_58078\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>4) \u003ca name=\"Jellystone\">\u003c/a>“Can you guys help me with this?” -- Sept. 12, 2010\u003c/strong>\u003c/p>\n\u003cp>Only three days had passed since the fatal San Bruno pipeline explosion. With images of the blaze still fresh in the media, the CPUC issued a press release to outline its planned response.\u003c/p>\n\u003cp>State and federal investigations were already underway. In an open memo, then-CPUC President Michael Peevey directed then-Executive Director Paul Clanon to compel PG&E to survey its lines for gas leaks. He demanded an inquiry into PG&E’s spending on pipeline safety and promised, “We are taking immediate action.”\u003c/p>\n\u003cp>But that same afternoon, Peevey emailed Clanon with a different request entirely.\u003c/p>\n\u003cp>“First thing tomorrow,” he wrote, “See if you can schedule Darbee and Johns in my office at 2 PM Thursday.”\u003c/p>\n\u003cp>He was referring to PG&E's then-CEO Peter Darbee and then-President Chris Johns. Clanon immediately forwarded the request to two PG&E executives, including Vice President of Regulatory Affairs Brian Cherry, asking, “Can you guys help me with this?”\u003c/p>\n\u003cfigure id=\"attachment_10568681\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion.jpg\">\u003cimg class=\"size-medium wp-image-10568681\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion-800x534.jpg\" alt=\"Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno. \u003ccite>(Max Whittaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Under many circumstances, a meeting between Peevey, a key decision-maker, and PG&E’s top brass about a matter under investigation would be a violation of state regulations designed to ensure fair dealing.\u003c/p>\n\u003cp>Under state law, contact between decision-makers and interested parties held outside the formal public process are known as ex parte communications. Whether they take the form of face-to-face meetings, texts or emails, these communications are subject to detailed regulations. And when a formal investigation is involved -- designated as an “adjudicatory proceeding” since commissioners act in the capacity of a judge -- no ex parte contact is allowed.\u003c/p>\n\u003cp>Nevertheless, CPUC spokesperson Constance Gordon told KQED that this particular meeting did not violate ex parte rules.\u003c/p>\n\u003cp>“The investigation that began immediately following PG&E’s pipeline rupture was a staff investigation,” Gordon said, “not a formal investigation opened by a vote of the Commissioners,” which came later. “As such, ex parte rules would not apply.”\u003c/p>\n\u003cp>After the meeting arrangements were made, Clanon switched to a lighter topic: “How was Jellystone?” he asked Cherry, a possible reference to Yellowstone National Park.\u003c/p>\n\u003cp>“Amazing,” Cherry responded. “Saw so much wildlife. But it snowed the other day and I brought shorts!”\u003c/p>\n\u003cp>Cherry urged Clanon to plan his own vacation there. Meanwhile not 72 hours had passed since the fatal San Bruno pipeline explosion.\u003c/p>\n\u003cp>“Things keep coming up at my work,” Clanon responded.\u003c/p>\n\u003cp>“Uh. Yes,” Cherry shot back. “You have a challenging job. Guess that’s why they pay you the big bucks.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090271/content?start_page=1&view_mode=scroll&access_key=key-GgrivqLXfuWWWUDiHNXu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_42402\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>5) \u003ca name=\"anyThoughts\">\u003c/a>“Any thoughts – non-attributed of course?” — Oct. 20, 2010\u003c/strong>\u003c/p>\n\u003cp>Four years worth of emails show that former PG&E executive\u003cbr>\nBrian Cherry and former CPUC Executive Director Paul Clanon consulted with each other hundreds of times. While the below emails are not illegal, they are good examples of how Cherry and Clanon often bounced ideas off of each other or problem-solved together. On Oct. 20, 2010, Clanon wrote to Cherry:\u003c/p>\n\u003cp>“What are we going to do about the San Bruno demand that the pipeline be moved? I can certainly understand on the human level why they'd want that, even though it might not make a lot of operational or design sense.”\u003c/p>\n\u003cp>Cherry responded, “We are struggling with that. There are a couple different re-routes ... Between you and me, I think we should repair 132 temporarily while offering up a longer-term solution involving re-routing. … Any thoughts - non-attributed of course ?”\u003c/p>\n\u003cp>Clanon did have an idea on how PG&E could “frame” moving the pipeline.\u003c/p>\n\u003cp>“I think the way to frame the pipe-replacement issue is not to think of it as Line 132, but to think of it as, what, two or three miles?”\u003c/p>\n\u003cp>The next week, then-PG&E President Chris Johns \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/339C7284-F731-46B1-BB51-8A1D86B3BE0A/0/20101027134941.pdf\" target=\"_blank\">released a statement\u003c/a> pledging to move the pipeline.\u003c/p>\n\u003cp>The section of Line 132 that exploded was not repaired in the end. PG&E \u003ca href=\"http://www.rebuildcrestmoor.org/files/managed/Document/221/Line%20132_109%20Alignment.pdf\" target=\"_blank\">rerouted\u003c/a> the transmission line so that the gas now flows through Line 109 at San Andreas Station and returns to Line 132 at Healy Station, both in San Bruno.\u003c/p>\n\u003caside class=\"alignright pullquote\">'Any thoughts — non-attributed of course?'\u003cbr>\n\u003ccite>Former PG&E executive Brian Cherry\u003c/cite>\u003c/aside>\n\u003cp>The CPUC had ordered PG&E to examine shutoff valves. In the same email, Cherry said that the agency had identified more than 200 valves that needed to be replaced. However, he was concerned that there would be a public outcry if he released that number.\u003c/p>\n\u003cp>“If we tell you the number of valves that have been identified and don't have these kinds of estimates, everyone will demand immediate replacement - which just can't be done for a variety of reasons.”\u003c/p>\n\u003cp>Clanon responded to Cherry: “Yeah, cost and time estimates for the valves are crucial.”\u003c/p>\n\u003cp>PG&E's lack of automatic shutoff valves had come under scrutiny by federal officials at the time. National Transportation Safety Board officials found that it took the utility almost 95 minutes to shut off the gas rushing from the ruptured San Bruno pipeline.\u003c/p>\n\u003cp>Keith Slibasager, PG&E’s gas system operations manager, testified during the NTSB’s public hearing on the San Bruno explosion that the company could have cut the gas within 20 minutes if the utility had installed automatic valves.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.ntsb.gov/investigations/AccidentReports/Reports/PAR1101.pdf\" target=\"_blank\">2006 PG&E memo\u003c/a> shows that PG&E considered installing automatic safety valves, but did not. A PG&E senior gas-consulting engineer, Chi-hung Lee Sr., wrote in the memo that he found most of the damage from a pipeline explosion occurs within 30 seconds.\u003c/p>\n\u003cp>The engineer later testified at the NTSB hearing that his research was limited. The Pipeline and Hazardous Materials Safety Administration and other safety groups had reached different conclusions about shutoff valves. Federal safety officials have suggested, but not required, the use of automatic shutoff valves since 1999. PG&E officials acknowledged at the hearing that after Lee's memo they made no effort to further install the valves.\u003c/p>\n\u003cp>Since the San Bruno explosion, PG&E has installed 208 automated valves that the utility can shut off remotely from a control room and 14 automatic shutoff valves that can shut themselves off in areas where transmission pipelines cross major fault lines.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090994/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_43929\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>6) \u003ca name=\"paralellUniverses\">\u003c/a>“We live in parallel universes…” — Jan. 10, 2011\u003c/strong>\u003c/p>\n\u003cp>In 2008, PG&E purposely boosted pressure on the San Bruno natural gas line to 400 pounds per square inch, the maximum legal limit. Normally, the line ran at 375 psi.\u003c/p>\n\u003cp>The next time the pressure on that gas line exceeded 375 psi was on Sept. 9, 2010, when a malfunction spiked the pressure to 386 psi, coinciding with the deadly explosion in San Bruno killing eight people and destroying 28 homes.\u003c/p>\n\u003cp>PG&E later said they increased the pressure in 2008 under a mistaken understanding of federal law. The utility believed that to maintain the ability to run gas at 400 psi, the legal limit, they needed to do so once every five years.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-surge-may-have-stressed-San-Bruno-line-in-08-2478734.php\" target=\"_blank\">San Francisco Chronicle investigation\u003c/a> published on Jan. 9, 2011, revealed that the earlier pressure surge could have weakened the pipeline.\u003c/p>\n\u003cp>PG&E and CPUC officials referenced the story the next day, Jan. 10. At 9:35 a.m. Paul Clanon, then-executive director of the California Public Utilities Commission, wrote to senior CPUC staff asking about the spike:\u003c/p>\n\u003cp>“The Chronicle's story on the 2008 temporary rise in pressure on Line 132 to 400 psi doesn't match what I've heard. What are the facts? Is it standard practice or not to raise pressure up to MAOP [maximum allowable operating pressure] to preserve the maximum? Is 2008 really the only time PG&E has raised pressure on that line above 375 until the explosion?”\u003c/p>\n\u003cp>About 30 minutes later he contacted former PG&E executive Brian Cherry: “What are your guys saying about the facts in the Chron story yesterday? Contradicted my understanding of the rules, anyway.”\u003c/p>\n\u003cfigure id=\"attachment_10568621\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-e1434683647732.jpg\">\u003cimg class=\"size-medium wp-image-10568621\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-800x602.jpg\" alt=\"Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \" width=\"800\" height=\"602\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Two minutes later Cherry shared his confusion: “Not sure. Let me follow up. I was under the same understanding.”\u003c/p>\n\u003cp>Clanon wrote back at 10:48: “Our guys are doing the same thing, and you and I can triangulate.”\u003c/p>\n\u003cp>It is not standard practice for utilities to raise pressure on transmission lines, and federal law requires utilities to conduct a costly inspection on any pipeline when the pressure exceeds the maximum limit. PG&E had not conducted such an inspection, nor did Clanon ask if they had in the emails released.\u003c/p>\n\u003cp>By 4:53 p.m. Cherry and Clanon began to be concerned that neither PG&E nor CPUC staff could come up with an answer about whether such pressure spiking on a gas line was a normal practice. The two sympathized with each other.\u003c/p>\n\u003cp>Clanon wrote Cherry: “Nothing back yet?” Cherry responded “Nothing yet…” and later “We live in parallel universes.”\u003c/p>\n\u003cp>About an hour later, Clanon had received research from CPUC staff and wanted to run it by Cherry:\u003c/p>\n\u003cp>“Here's what I get from my people. You agree? Follows: PG&E raises the pressure in transmission lines to MAOP once every five years based on its conservative interpretation of 192.917(e)(4)…”\u003c/p>\n\u003cp>The next day, \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-halts-intentional-gas-line-pressure-spikes-2478613.php\" target=\"_blank\">a Chronicle story\u003c/a> included a statement from a PG&E spokesperson that was very similar to what Clanon had written. “PG&E initially said it had conducted the pressure test on the San Bruno line to ‘preserve’ the pipe's legal capacity, saying federal law required it. A spokesman later backtracked and conceded there was no such requirement.”\u003c/p>\n\u003cp>CPUC spokesperson Constance Gordon says that Clanon and Cherry were discussing each other's understanding of the rules, so \"if PG&E had a different understanding than that of CPUC staff the issue could be further discussed.\"\u003c/p>\n\u003cp>The Utility Reform Network is one of PG&E’s sharpest critics. TURN spokesperson Mindy Spatt said such conversations are concerning.\u003c/p>\n\u003cp>\"Well, it’s a question of whether the commission should be a watchdog or a lapdog. A watchdog would say, wait a minute PG&E what’s going on here? And a lapdog would say, let’s coordinate our message.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089050/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_86669\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>7) \u003ca name=\"investorRelations\">\u003c/a>“Investor relations” — Sept. 26, 2011\u003c/strong>\u003c/p>\n\u003cp>An email exchange between Commissioner Mark Ferron and PG&E’s Brian Cherry shows Ferron sought advice from PG&E on which Wall Street analysts he should meet with privately on a trip to New York.\u003c/p>\n\u003cp>“Mark,” Cherry wrote to Ferron in a Sept. 26, 2011 email, “Commissioner Florio was over at PG&E the other day and mentioned that you might need some help meeting with the buy and sell side analysts in New York. If you are interested, Gabe Togneri, our VP of Investor Relations, would be happy to reach out to some of them and have them sponsor a meeting. Our only role would be to make the contact. The analysts would sponsor the meetings themselves and you would meet with them privately.”\u003c/p>\n\u003cp>Ferron responded: “[PG&E CEO] Tony Earley … highlighted Dan Ford at Barclays Capital as a thought leader worthwhile meeting if I can find the time. Who else might Gabe recommend?”\u003c/p>\n\u003cp>While there’s no record here of Ferron discussing the proposed San Bruno penalty with Ford, the Barclays analyst was clearly focused on that question.\u003c/p>\n\u003cp>In September 2012, Ford authored a report noting that PG&E would have difficulty raising $2.2 billion in equity to cover the expected San Bruno fine amount. (The actual penalty amount, finally determined on April 9 this year, was set at $1.6 billion.)\u003c/p>\n\u003cp>And in \u003ca href=\"http://www.ocregister.com/articles/california-530091-puc-state.html\" target=\"_blank\">a report authored by Ferron\u003c/a>, made public in October 2013, the commissioner related investors’ concerns that levying too large a fine against PG&E would cause them to view California as a “capital-unfriendly, ‘banana republic.’” That could lead to an increase in the cost of financing capital for utilities, warned Ferron, who had worked at Deutsche Bank prior to being appointed as a commissioner in March 2011.\u003c/p>\n\u003cp>Ferron stepped down as a commissioner in 2014, citing health problems. CPUC spokesperson Constance Gordon said she was unable to offer comment on emails sent by individuals who no longer worked at the commission. Attempts to reach Ferron were unsuccessful.\u003c/p>\n\u003cp>The question as to whether commissioners had inappropriate ex parte communications with Wall Street analysts was raised in a brief filed by the CPUC’s Division of Ratepayer Advocates. (Since renamed Office of Ratepayer Advocates).\u003c/p>\n\u003cp>“Some, if not all, of the financial industry representatives who reported discussing the San Bruno investigations with Commission offices represent firms or clients with a financial interest in PG&E Corporation,” the CPUC’s consumer advocacy branch pointed out. “The size of the fine and other penalties the Commission may impose in the San Bruno Investigations is a substantive issue in all three [CPUC] investigations.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089048/content?start_page=1&view_mode=scroll&access_key=key-Mn9jh61Mxr2k4WEJWObu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_86425\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>8) \u003ca name=\"happyBirthday\">\u003c/a>“Happy Birthday!” — Sept. 16, 2010\u003c/strong>\u003c/p>\n\u003cp>It was 7 a.m. on Sept. 16, 2010, one week after the San Bruno pipeline explosion. CPUC executive director Paul Clanon emailed PG&E’s Brian Cherry with a simple message in the subject line: “Happy Birthday!”\u003c/p>\n\u003cp>“Thanks,” Cherry replied. He shared his birthday wish. “I’d love a nice muzzle for Mark Toney.”\u003c/p>\n\u003cp>Mark Toney is executive director of The Utility Reform Network (TURN), a leading critic of PG&E.\u003c/p>\n\u003cfigure id=\"attachment_10568624\" class=\"wp-caption alignleft\" style=\"max-width: 600px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\">\u003cimg class=\"size-full wp-image-10568624\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\" alt=\"Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director.\" width=\"600\" height=\"420\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney.jpg 600w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney-400x280.jpg 400w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director. \u003ccite>(Courtesy The Utility Reform Network)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As for why Cherry would have wanted a “muzzle” for Toney, TURN spokesperson Mindy Spatt told KQED that Toney had issued a public statement about customer safety just before this exchange took place.\u003c/p>\n\u003cp>“He was saying: Demand that PG&E put customer safety first – that is the message that PG&E wanted muzzled, a message that said ‘no more San Brunos,’” Spatt said.\u003c/p>\n\u003cp>On Sept. 15, Cherry had emailed Clanon to tell him then-PG&E CEO Peter Darbee believed “TURN’s behavior \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-targeted-critics-after-San-Bruno-blast-6054156.php\" target=\"_blank\">has bordered on the irresponsible\u003c/a>.” He wondered whether the CPUC would be willing to make a statement publicly discounting TURN’s claims. While it’s not clear from the emails how Clanon reacted to this request, his email reply to Cherry was: “Call me when you can.”\u003c/p>\n\u003cp>“It was actually six days after the fatal San Bruno explosion that Brian Cherry referred to TURN’s behavior as irresponsible,” Spatt said when asked about this. “His company has just killed eight people and incinerated an entire neighborhood.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090899/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_38056\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>9) \u003ca href=\"jerryBrown\">“Get this info to Brown”\u003c/a> -- Jan. 11, 2011\u003c/strong>\u003c/p>\n\u003cp>While it’s obvious why a major utility company would be concerned that its stock had been downgraded, it’s not as clear why a commissioner would care. Upon learning about a financial downgrade, then-CPUC president Michael Peevey recommended that PG&E find a way to indirectly alert Gov. Jerry Brown, who was then in the process of determining new commission appointments.\u003c/p>\n\u003cp>The email thread begins Jan. 11, 2011, when PG&E’s Brian Cherry forwarded Peevey a message from PG&E’s investor relations division about a financial analyst’s report.\u003c/p>\n\u003cp>“Citigroup downgraded … PG&E,” the email explained. The note showed that analysts feared “uncertainty and potential shifting dynamics in the regulatory arena.”\u003c/p>\n\u003cp>In response, Peevey wrote in an email to Cherry: “You should find a way to get this info to Brown as he makes his decisions on Commissioners ASAP. Probably best coming from a non-utility source, such as investment banker(s).”\u003c/p>\n\u003cp>When asked why Peevey would provide this advice, CPUC spokesperson Constance Gordon responded, “The questions you’ve asked involve individuals who are no longer with the CPUC, so we cannot ask them your questions.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091157/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_69098\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>10. \u003ca href=\"prozac\">“Prozac might be a solution!”\u003c/a> -- June 4, 2010\u003c/strong>\u003c/p>\n\u003cp>PG&E officials had no idea what they were getting into when the utility began installing smart meters in California in 2006. Smart meters are a critical component of the \"smart grid” -- the devices track energy usage and transmit data back to customers and utilities, with the goal of reducing electricity consumption and distributing power more efficiently across the electric grid.\u003c/p>\n\u003cp>Smart meters faced an almost \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/03/10/the-backlash-against-smartmeters/\" target=\"_blank\">immediate backlash\u003c/a>. Users first complained that the devices gave artificially high readings. Later the \u003ca href=\"https://www.scribd.com/doc/269092309/Smart-Meter-Investigation-Findings-by-CPUC\" target=\"_blank\">CPUC found\u003c/a> that about 1,480 meters inaccurately recorded electricity consumption in ambient temperatures ranging from 100– 115 degrees Fahrenheit due to a defective chip. Nevertheless, \u003ca href=\"http://docs.cpuc.ca.gov/EFILE/RULINGS/122935.PDF\" target=\"_blank\">a study\u003c/a> conducted by an independent consultant, The Structure Group, determined that the meters generally functioned as intended.\u003c/p>\n\u003cp>Next, consumer advocacy groups, including TURN, \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/06/13/dumbfounded-by-smartmeters/\" target=\"_blank\">raised concerns\u003c/a> that the meters would harm people like seniors who sometimes have no choice but to run their air conditioners in the sweltering Central Valley. TURN also noted that with smart meters, PG&E could simply turn off people’s power if they couldn’t keep up with the bills. Privacy advocates expressed concern about utilities gaining access to information about their use of personal home appliances.\u003c/p>\n\u003cfigure id=\"attachment_10568672\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\">\u003cimg class=\"size-full wp-image-10568672\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\" alt=\"A sign from a smart meter protest in 2010.\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A sign from a smart meter protest in 2010. \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The biggest battle over smart meters, though, centered on electromagnetic fields (EMFs) emitted by smart meters. The possible health effects of EMFs have been a subject of debate since the \u003ca href=\"http://content.time.com/time/magazine/article/0,9171,918076,00.html\" target=\"_blank\">Cold War\u003c/a>, and fear has intensified in the wireless age with the introduction of countless devices that emit EMFs, such as cellphones, laptops and Wi-Fi routers.\u003c/p>\n\u003cp>\u003ca href=\"http://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/magnetic-fields-fact-sheet\" target=\"_blank\">The National Institutes of Health’s National Cancer Institute\u003c/a> says that “several early epidemiologic studies raised the possibility of an association between certain cancers, especially childhood cancers, and ELF-EMFs. Most subsequent studies have not shown such an association.”\u003c/p>\n\u003cp>Unlike high-energy radiation emitted from devices like X-rays, low-energy emissions from devices like smart meters cannot damage DNA or cells directly, the NIH writes. \u003ca href=\"http://www.who.int/peh-emf/research/en/\" target=\"_blank\">The World Health Organization concluded\u003c/a> that low-energy emissions cause “no substantive health issues.” Smart-meter emissions are 60 times lower than the federal health guidelines.\u003c/p>\n\u003cp>EMF activists remain concerned, however, about the accumulated exposure people face from being surrounded by so many low-emission devices. And they’ve flooded the CPUC and PG&E with complaints.\u003c/p>\n\u003cp>By June 4, 2010, Carol Brown, then-CPUC President Michael Peevey’s chief-of-staff, wanted an answer for the people contacting her about EMFs. She wrote to then-PG&E executive Brian Cherry: “So far I have done OK just listening to the sad tales of EMF poisoning - and telling them thank you for bringing it to our attention - but then not offering them any solution!!! I just wanted to have a resource in case! Have a nice weekend.”\u003c/p>\n\u003cp>Cherry responded: “Prozac might be a solution!”\u003c/p>\n\u003cp>In the meantime, cities, including San Francisco, began petitioning the CPUC to make smart meters optional.\u003c/p>\n\u003cp>Peevey recommended to Cherry in an email in September 2010 that PG&E consider making the meters optional:\u003c/p>\n\u003cp>“One thought for the company: If it were my decision I would let anyone who wants to keep their old meter keep it, if they claim they suffer from EMF and/or related electronic-related illnesses and they can produce a doctor's letter saying so (or expressing concern about the likelihood of suffering same). I would institute such a policy quietly and solely on an individual basis. There really are people who feel pain, etc., related to EMF, etc., and rather than have them becoming hysterical, etc., I would quietly leave them alone. Kick it around. And, it sounds like the company may already have taken this step, based on a couple of the comments at yesterday's public hearing.”\u003c/p>\n\u003cp>Cherry said that he would consider it: “I do worry that this policy, no matter how discrete (sic) we try to make it, will surface and town councils and cities in our territory will ask for similar treatment. That said, we will take the matter up and get back to you with our feedback.”\u003c/p>\n\u003cp>In March 2011, PG&E proposed allowing smart meter users to opt out. The CPUC approved that plan in February 2012. Customers who opt out of the program must pay an initial fee and monthly charge.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089051/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_26891\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca name=\"whatHappened\">\u003c/a>Where Are They Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Brian Cherry\u003c/strong>, PG&E’s vice president of regulatory affairs, was fired from PG&E in September of 2014, after inappropriate email exchanges came to light.\u003c/p>\n\u003cp>\u003cstrong>Thomas Bottorff\u003c/strong>, PG&E’s senior vice president of regulatory affairs and Cherry’s boss, was fired along with Cherry. According to a San Jose Mercury News article he was to receive a severance payment totaling more than $1 million.\u003c/p>\n\u003cp>\u003cstrong>Chris Johns\u003c/strong>, president of PG&E, \u003ca href=\"http://ww2.kqed.org/news/2015/05/27/pge-president-to-retire-as-utility-faces-mounting-scrutiny\" target=\"_blank\">announced several weeks\u003c/a> ago that he would retire by the end of the year.\u003c/p>\n\u003cp>\u003cstrong>Michael Peevey\u003c/strong>, president of the California Public Utilities Commission, stepped down from his role after his term came to an end in December of 2014. Peevey came under fire for inappropriate email exchanges.\u003c/p>\n\u003cp>\u003cstrong>Paul Clanon\u003c/strong>, executive director of the California Public Utilities Commission, announced at the end of December that he would retire to study music.\u003c/p>\n\u003cp>\u003cstrong>Mark Ferron\u003c/strong>, former commissioner at the California Public Utilities Commission, resigned in December of 2014 due to health problems.\u003c/p>\n\u003cp>\u003cstrong>Carol Brown\u003c/strong>, former commission president Peevey’s chief of staff, stepped down in the wake of revelations that she had agreed to intervene on a judge appointment for a case involving PG&E. Despite news reports that she might return to the agency as an administrative law judge, a CPUC spokesperson confirmed to KQED that Brown has retired.\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cstrong>Michael Florio\u003c/strong>, who was also entangled in the judge-shopping scandal, remains as a commissioner at the California Public Utilities Commission.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">I\u003c/span>n the years since the September 2010 natural gas pipeline explosion that killed eight people in San Bruno, the relationship between pipeline operator Pacific Gas and Electric Co. and high-ranking officials at the California Public Utilities Commission has come under intense scrutiny, undermining public trust in the state agency tasked with ensuring safe pipeline operations.\u003c/p>\n\u003cp>State prosecutors and a federal grand jury are currently zeroing in on alleged improper ties between PG&E and top state regulators. \u003ca href=\"http://ww2.kqed.org/news/2015/01/29/report-former-cpuc-chief-targeted-in-state-probe\" target=\"_blank\">State investigators\u003c/a> acting on a search warrant earlier this year seized iPhones, a laptop and bank statements from the residence of former CPUC President Michael Peevey and took similar items from the home of PG&E's former Vice President of Regulatory Affairs, Brian Cherry, all on suspicion of felony activity relating to a judge-shopping scandal brought to light by email records.\u003c/p>\n\u003cp>Those exchanges were made public in the wake of civil litigation brought on behalf of San Bruno, when a judge ordered PG&E to release records consisting of some 65,000 emails and 123,000 documents.\u003c/p>\n\u003caside class=\"alignright pullquote\">A PG&E executive and CPUC official were on 2,369 of the same email threads using their official email addresses — that’s an average of 11 times a week.\u003c/aside>\n\u003cp>KQED has taken a detailed look into this correspondence, which reveals in granular detail the familiar relationships between key decision-makers and PG&E executives that lasted well beyond the San Bruno incident. There are multiple instances of Peevey arranging to meet with Cherry for holiday visits that involved sipping wine — a keyword search of the email records for the words “pinot” or “cabernet,” for example, yielded 16 separate items.\u003c/p>\n\u003cp>But two of the closest confidants were Cherry and then-CPUC Executive Director Paul Clanon. The collection of documents provided by PG&E shows that between 2010 and 2014, Cherry and Clanon were on 2,369 of the same email threads using their official email addresses -- that's an average of 11 times a week.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Although some of these emails were sent years ago, an attempt to force a cultural change at the CPUC is only now making its way through the California Legislature. In an attempt to reform CPUC operations, the Senate recently approved \u003ca href=\"https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml;jsessionid=ccfbe52d6f35026fdd9d2a7e2414?bill_id=201520160SB660\" target=\"_blank\">SB 660\u003c/a>, a bill that would overhaul decision-making processes and restrict private exchanges.\u003c/p>\n\u003cp>In an interview with KQED, CPUC President Michael Picker said that the agency read every email released, conducted legal reviews and went through the state personnel process when breaches occurred.\u003c/p>\n\u003cp>The agency focused on correspondence from about 80 people below the level of commissioner. Some individuals left the CPUC prior to or during the review. The agency determined that action was not warranted against 54 of the people who remained on staff. CPUC spokeswoman Constance Gordon said \"individuals whose emails raised more serious issues\" -- the agency won't say how many -- received \"counseling memos\" or \"letters of correction.\" The agency also held a staff training in appropriate email decorum in April.\u003c/p>\n\u003cp>\"The challenge is that we are built for a different era, we were built in a time before emails,\" Picker said. \"Emails tend toward much more casual relationships. That’s a problem because when you start to get at a certain level of casualness, then you can slide into other kinds of ethical breaches.\"\u003c/p>\n\u003cp>Picker said that communications between PG&E staff and CPUC employees are currently banned for procedural cases. However, he said, the two staffs must be able to talk to each other.\u003c/p>\n\u003cp>\"We can’t do our jobs. We can’t guarantee that the electric system, the gas system work properly, we can’t make sure that people are being protected against unsafe infrastructure unless we are always in communication with the utilities. So if we’re not in contact with PG&E that’s as big of a problem and maybe a larger problem then some of the improper comportment,\" he said.\u003c/p>\n\u003cp>PG&E fired Cherry, as well as Senior Vice President of Regulatory Affairs Tom Bottorff and Vice President of Regulatory Proceedings Trina Horner, following the company's internal investigation into the emails.\u003c/p>\n\u003cp>PG&E spokesman Nick Stimmel \u003ca href=\"https://www.scribd.com/doc/269092248/CPUC-and-PG-E-Emails-PG-E-Statement-to-KQED\" target=\"_blank\">wrote in a statement\u003c/a>: \"With respect to the email issue, we have produced tens of thousands of emails voluntarily and in response to regulatory and legal requirements and we continue to cooperate with all investigations. In the meantime, we will let the content of the emails speak for themselves; we are not going to speculate about motivations or the actions of people who are no longer in roles with the CPUC or the company or about events that may or may not have occurred.\"\u003c/p>\n\u003cp>Below we highlight 10 email exchanges that demonstrate just how cozy ties between regulators and the regulated have been in day-to-day CPUC operations.\u003c/p>\n\u003cp>Read the emails\u003c/p>\n\u003ctable>\n\u003ctbody>\n\u003ctr>\n\u003ctd>1) \u003cstrong>\u003ca href=\"#controlRoom\">“The Control Room Audit”\u003c/a>\u003c/strong> Sept. 14, 2011\u003cbr>\n2) \u003cstrong>\u003ca href=\"#angels\">“Charlie’s Angels”\u003c/a>\u003c/strong> Oct. 18, 2011\u003cbr>\n3) \u003cstrong>\u003ca href=\"#seaRanch\">“Sea Ranch over Thanksgiving”\u003c/a>\u003c/strong> Nov. 24, 2010\u003cbr>\n4) \u003cstrong>\u003ca href=\"#Jellystone\">“How was Jellystone?”\u003c/a>\u003c/strong> Sept. 12, 2010\u003cbr>\n5) \u003cstrong>\u003ca href=\"#anyThoughts\">“Any thoughts – non-attributed of course?”\u003c/a>\u003c/strong> Oct. 20, 2010\u003c/td>\n\u003ctd>6) \u003cstrong>\u003ca href=\"#parallelUniverses\">“We live in parallel universes…”\u003c/a>\u003c/strong> January 10, 2011\u003cbr>\n7) \u003cstrong>\u003ca href=\"#investorRelations\">“Investor relations”\u003c/a>\u003c/strong> Sept. 26, 2011\u003cbr>\n8)\u003cstrong>\u003ca href=\"#happyBirthday\"> “Happy Birthday!”\u003c/a>\u003c/strong> Sept. 16, 2010\u003cbr>\n9) \u003cstrong>\u003ca href=\"#jerryBrown\">“Get this info to [Jerry] Brown”\u003c/a>\u003c/strong> January 11, 2011\u003cbr>\n10) \u003cstrong>\u003ca href=\"#prozac\">“Prozac might be a solution!”\u003c/a>\u003c/strong> June 4, 2010\u003cbr>\n\u003cstrong>\u003ca href=\"#whatHappened\">Where Are They Now?\u003c/a>\u003c/strong>\u003c/td>\n\u003c/tr>\n\u003c/tbody>\n\u003c/table>\n\u003cp>\u003cstrong>1) \u003ca name=\"controlRoom\">\u003c/a>“The Control Room Audit” -- Sept. 14, 2011\u003c/strong>\u003c/p>\n\u003cp>In the aftermath of the pipeline rupture that caused the San Bruno explosion, PG&E’s control room management became a focal point for safety improvement.\u003c/p>\n\u003cp>Natural gas pipelines may traverse thousands of miles. In a control room, pressure and flow across the underground network are monitored remotely. The federal Pipeline and Hazardous Materials Safety Administration moved to amend federal pipeline safety regulations in the months after San Bruno, imposing tougher regulations on control room operations.\u003c/p>\n\u003cp>But according to an email from PG&E’s Brian Cherry to CPUC’s then-Executive Director Paul Clanon, dated Sept. 14, 2011, the company encountered “some pressing problems” relating to a “control room audit.” Accordingly, Cherry wondered whether Clanon would be willing to “focus elsewhere.”\u003c/p>\n\u003cfigure id=\"attachment_10568616\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-e1434683321797.jpg\">\u003cimg class=\"size-medium wp-image-10568616\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/LaHood-Speier-San-Bruno-800x619.jpg\" alt=\"In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier.\" width=\"800\" height=\"619\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">In this photo from May of 2011, federal Transportation Secretary Ray LaHood tours the site of the PG&E San Bruno pipeline explosion with Congressional Representative Jackie Speier. \u003ccite>(Justin Sullivan/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>“Paul – hope you are enjoying yourself in Jellystone but stay away from the wayward bison,” Cherry wrote. “I received a request from Nick [Stavropoulos, PG&E’s executive vice president of gas operations] and Chris [Johns, president of PG&E] … to seek your advice and counsel on the control room audit.\u003c/p>\n\u003cp>“Nick and Chris know we have problems in this area and would like you to focus elsewhere for the moment so that we can address some pressing problems. … Nick stated that you once offered to help out in any way you could if the Commission was becoming an obstacle to us getting the work done.”\u003c/p>\n\u003cp>A formal letter sent to Clanon about two weeks later on PG&E stationary shows the company was preparing for a visit from an independent consultant hired by the CPUC to inspect control-room operations. This audit was conducted to ensure compliance with federal rules. So was PG&E granted a delay? CPUC spokeswoman Constance Gordon said she could not comment on Clanon’s email directly, since he no longer works at the CPUC.\u003c/p>\n\u003cp>Commission President Michael Picker, who replaced Peevey after he stepped down last year, said that he could not comment directly on the contents of the email, either, since he was unfamiliar with the audit. However, he said, \"No one’s ever asked me to focus elsewhere. Chances are that would make me want to focus more.\"\u003c/p>\n\u003cp>Reached by phone, Clanon declined to comment.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089045/content?start_page=1&view_mode=scroll&access_key=key-LCWXLFaD7vmtymd0YBHr&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_25733\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>2) \u003ca name=\"angels\">\u003c/a>“Charlie’s Angels” -- Oct. 18, 2011\u003c/strong>\u003c/p>\n\u003cp>On Oct. 18, 2011, PG&E’s Brian Cherry forwarded CPUC President Mike Peevey an email attachment with the note “FYI.” It was a letter from Rep. Jackie Speier to U.S. Department of Transportation Secretary Ray LaHood, urging LaHood to require natural gas operators to remove from their networks a kind of plastic pipe, Aldyl-A, which is prone to cracking. PG&E has 1,231 miles of the pipe in its system.\u003c/p>\n\u003cp>Roughly six weeks earlier, \u003ca href=\"http://www.sfgate.com/news/article/Plastic-natural-gas-pipe-failure-data-kept-secret-2308629.php\" target=\"_blank\">a Cupertino condominium had been destroyed\u003c/a>, in an explosion and fire caused by a gas leak due to a cracked fitting in a plastic Aldyl-A pipe. When it investigated the cause of the blast, PG&E found six other plastic pipe failures near the blast site, records show.\u003c/p>\n\u003cfigure id=\"attachment_10568615\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg\">\u003cimg class=\"size-medium wp-image-10568615\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg\" alt=\"Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011.\" width=\"800\" height=\"532\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-800x532.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-400x266.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317-960x639.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Bernardus_Site-Photos-from-Everett_Medium-Resolution_04-17-15-17317.jpg 1100w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Former California Public Utilities Commission President Michael Peevey and PG&E executive Brian Cherry made dinner plans at the Bernardus Lodge & Spa, shown here, in October of 2011. \u003ccite>(Courtesy Bernardus Lodge & Spa)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>In response to Cherry's email, Peevey thanked Cherry for the update. Then the CPUC president moved onto another topic.\u003c/p>\n\u003cp>“See you for dinner Sunday night,” he wrote. “Where and when? Are you bringing Charlie's Angels too?”\u003c/p>\n\u003cp>Cherry responded: “7:30 at Marinus in the Bernardus Lodge in the Carmel Valley. About 20 minutes or so from Monterey but well worth the drive. We can make it earlier if you wish.”\u003c/p>\n\u003cp>He added, “Some angels may attend.”\u003c/p>\n\u003cp>\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\">\u003cimg class=\"aligncenter size-full wp-image-10568675\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/angelstext.png\" alt=\"angelstext\" width=\"796\" height=\"357\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/angelstext-400x179.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003c/p>\n\u003cp>\"Sunday night\" would have marked the start of the annual meeting of the The Conference of California Public Utility Counsel (CCPUC) at the Monterey Plaza Hotel. The nonprofit organization, which describes itself on the web as a “non-profit mutual benefit corporation,” has representatives from PG&E and other utilities on its board of directors. According to the \u003ca href=\"http://www.ccpuc.org/Past_Events?action=setup_form&formID=57\" target=\"_blank\">conference agenda\u003c/a>, Peevey was scheduled to speak at the conference on Monday, Oct. 24, 2011.\u003c/p>\n\u003cp>The conference itinerary shows that the evening activity on Sunday, Oct. 23 was a group activity –- attendees would be treated to a “reception and strolling dinner” at the Monterey Bay Aquarium from 7 to 9:30 p.m. But this email thread suggests Peevey and Cherry had other plans. The Bernardus Lodge & Spa is a luxury facility often booked for off-site corporate retreats, according to its website.\u003c/p>\n\u003cp>While it’s unclear who, or what, the men were referring to when they discussed whether “Charlie’s Angels” would attend, at the very least the detail illustrates close enough ties for them to share a mutual understanding about a coded phrase. Attempts to reach Cherry and Peevey by phone were unsuccessful.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090620/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_59557\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>3) \u003ca name=\"seaRanch\">\u003c/a>“Sea Ranch over Thanksgiving” -- Nov. 24, 2010\u003c/strong>\u003c/p>\n\u003cp>On Nov. 24, 2010, about six weeks after the San Bruno pipeline explosion, PG&E’s Brian Cherry emailed CPUC President Mike Peevey with some good news -- plus an invitation.\u003c/p>\n\u003cfigure id=\"attachment_10568674\" class=\"wp-caption aligncenter\" style=\"max-width: 796px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\">\u003cimg class=\"size-full wp-image-10568674\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/thanksgivingtext.png\" alt=\"“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\" width=\"796\" height=\"260\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext.png 796w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/thanksgivingtext-400x131.png 400w\" sizes=\"(max-width: 796px) 100vw, 796px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">“Mike – FYI. Fish and Game letter on Manzana. Very positive,” he wrote. “Also – Sara and I will be in Sea Ranch over Thanksgiving. We’d be happy to have you and Carol [Peevey’s wife, Democratic Sen. Carol Liu] over for drinks or dinner if you are free. I’ve got plenty of great wine to drink.”\u003c/figcaption>\u003c/figure>\n\u003cp>Less than an hour later, Peevey responded. “Thanks for the offer but all tied up with family. Next time.”\u003c/p>\n\u003cp>Records show that while Peevey at that time declined Cherry’s invitation to the Sonoma County vacation spot, he took him up on similar offers on other occasions. The men shared “\u003ca href=\"http://www.latimes.com/business/la-fi-puc-scandal-20141009-story.html\" target=\"_blank\">two bottles of good pinot\u003c/a>” over Memorial Day weekend in 2010, for example, while they discussed renewable energy, gas rate increases and a ballot measure campaign.\u003c/p>\n\u003cp>Meanwhile, “Manzana” refers to PG&E’s proposed \u003ca href=\"http://www.pge.com/about/newsroom/newsreleases/20091203/pge_agrees_to_purchase_and_operate_major_california_wind_energy_project.shtml\" target=\"_blank\">Manzana Wind Project\u003c/a> in Kern County’s Tehachapi region, a $911 million, 246-megawatt renewable energy project that PG&E proposed in late 2009 and was then before the commission for approval. The California Department of Fish and Wildlife had reviewed the project’s environmental impacts out of concern that the wind turbines \u003ca href=\"http://www.forbes.com/sites/toddwoody/2012/01/04/revival-of-iconic-california-condor-threatens-states-wind-farm-boom/\" target=\"_blank\">could kill endangered California condors\u003c/a>.\u003c/p>\n\u003cp>Earlier that year, Cherry had emailed Peevey with information from PG&E’s investor relations division, citing a report from a Deutsche Bank financial analyst about the Manzana project. “Analysts are tracking Manzana … closely,” that email noted, with bankers considering it one of “the largest upcoming cases for the rest of the year.”\u003c/p>\n\u003cp>However, the Manzana project never came to fruition. An independent review by the CPUC’s Division of Ratepayer Advocates ultimately found that the wind project would have left customers bearing “significant risk and an unreasonable price tag.” The commission ultimately denied PG&E’s application.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091741/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_58078\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>4) \u003ca name=\"Jellystone\">\u003c/a>“Can you guys help me with this?” -- Sept. 12, 2010\u003c/strong>\u003c/p>\n\u003cp>Only three days had passed since the fatal San Bruno pipeline explosion. With images of the blaze still fresh in the media, the CPUC issued a press release to outline its planned response.\u003c/p>\n\u003cp>State and federal investigations were already underway. In an open memo, then-CPUC President Michael Peevey directed then-Executive Director Paul Clanon to compel PG&E to survey its lines for gas leaks. He demanded an inquiry into PG&E’s spending on pipeline safety and promised, “We are taking immediate action.”\u003c/p>\n\u003cp>But that same afternoon, Peevey emailed Clanon with a different request entirely.\u003c/p>\n\u003cp>“First thing tomorrow,” he wrote, “See if you can schedule Darbee and Johns in my office at 2 PM Thursday.”\u003c/p>\n\u003cp>He was referring to PG&E's then-CEO Peter Darbee and then-President Chris Johns. Clanon immediately forwarded the request to two PG&E executives, including Vice President of Regulatory Affairs Brian Cherry, asking, “Can you guys help me with this?”\u003c/p>\n\u003cfigure id=\"attachment_10568681\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion.jpg\">\u003cimg class=\"size-medium wp-image-10568681\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SB-explosion-800x534.jpg\" alt=\"Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno.\" width=\"800\" height=\"534\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-800x534.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-400x267.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/SB-explosion-960x640.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Chimneys remain during a massive fire in a residential neighborhood in September 2010 in San Bruno. \u003ccite>(Max Whittaker/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Under many circumstances, a meeting between Peevey, a key decision-maker, and PG&E’s top brass about a matter under investigation would be a violation of state regulations designed to ensure fair dealing.\u003c/p>\n\u003cp>Under state law, contact between decision-makers and interested parties held outside the formal public process are known as ex parte communications. Whether they take the form of face-to-face meetings, texts or emails, these communications are subject to detailed regulations. And when a formal investigation is involved -- designated as an “adjudicatory proceeding” since commissioners act in the capacity of a judge -- no ex parte contact is allowed.\u003c/p>\n\u003cp>Nevertheless, CPUC spokesperson Constance Gordon told KQED that this particular meeting did not violate ex parte rules.\u003c/p>\n\u003cp>“The investigation that began immediately following PG&E’s pipeline rupture was a staff investigation,” Gordon said, “not a formal investigation opened by a vote of the Commissioners,” which came later. “As such, ex parte rules would not apply.”\u003c/p>\n\u003cp>After the meeting arrangements were made, Clanon switched to a lighter topic: “How was Jellystone?” he asked Cherry, a possible reference to Yellowstone National Park.\u003c/p>\n\u003cp>“Amazing,” Cherry responded. “Saw so much wildlife. But it snowed the other day and I brought shorts!”\u003c/p>\n\u003cp>Cherry urged Clanon to plan his own vacation there. Meanwhile not 72 hours had passed since the fatal San Bruno pipeline explosion.\u003c/p>\n\u003cp>“Things keep coming up at my work,” Clanon responded.\u003c/p>\n\u003cp>“Uh. Yes,” Cherry shot back. “You have a challenging job. Guess that’s why they pay you the big bucks.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090271/content?start_page=1&view_mode=scroll&access_key=key-GgrivqLXfuWWWUDiHNXu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_42402\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>5) \u003ca name=\"anyThoughts\">\u003c/a>“Any thoughts – non-attributed of course?” — Oct. 20, 2010\u003c/strong>\u003c/p>\n\u003cp>Four years worth of emails show that former PG&E executive\u003cbr>\nBrian Cherry and former CPUC Executive Director Paul Clanon consulted with each other hundreds of times. While the below emails are not illegal, they are good examples of how Cherry and Clanon often bounced ideas off of each other or problem-solved together. On Oct. 20, 2010, Clanon wrote to Cherry:\u003c/p>\n\u003cp>“What are we going to do about the San Bruno demand that the pipeline be moved? I can certainly understand on the human level why they'd want that, even though it might not make a lot of operational or design sense.”\u003c/p>\n\u003cp>Cherry responded, “We are struggling with that. There are a couple different re-routes ... Between you and me, I think we should repair 132 temporarily while offering up a longer-term solution involving re-routing. … Any thoughts - non-attributed of course ?”\u003c/p>\n\u003cp>Clanon did have an idea on how PG&E could “frame” moving the pipeline.\u003c/p>\n\u003cp>“I think the way to frame the pipe-replacement issue is not to think of it as Line 132, but to think of it as, what, two or three miles?”\u003c/p>\n\u003cp>The next week, then-PG&E President Chris Johns \u003ca href=\"http://www.cpuc.ca.gov/NR/rdonlyres/339C7284-F731-46B1-BB51-8A1D86B3BE0A/0/20101027134941.pdf\" target=\"_blank\">released a statement\u003c/a> pledging to move the pipeline.\u003c/p>\n\u003cp>The section of Line 132 that exploded was not repaired in the end. PG&E \u003ca href=\"http://www.rebuildcrestmoor.org/files/managed/Document/221/Line%20132_109%20Alignment.pdf\" target=\"_blank\">rerouted\u003c/a> the transmission line so that the gas now flows through Line 109 at San Andreas Station and returns to Line 132 at Healy Station, both in San Bruno.\u003c/p>\n\u003caside class=\"alignright pullquote\">'Any thoughts — non-attributed of course?'\u003cbr>\n\u003ccite>Former PG&E executive Brian Cherry\u003c/cite>\u003c/aside>\n\u003cp>The CPUC had ordered PG&E to examine shutoff valves. In the same email, Cherry said that the agency had identified more than 200 valves that needed to be replaced. However, he was concerned that there would be a public outcry if he released that number.\u003c/p>\n\u003cp>“If we tell you the number of valves that have been identified and don't have these kinds of estimates, everyone will demand immediate replacement - which just can't be done for a variety of reasons.”\u003c/p>\n\u003cp>Clanon responded to Cherry: “Yeah, cost and time estimates for the valves are crucial.”\u003c/p>\n\u003cp>PG&E's lack of automatic shutoff valves had come under scrutiny by federal officials at the time. National Transportation Safety Board officials found that it took the utility almost 95 minutes to shut off the gas rushing from the ruptured San Bruno pipeline.\u003c/p>\n\u003cp>Keith Slibasager, PG&E’s gas system operations manager, testified during the NTSB’s public hearing on the San Bruno explosion that the company could have cut the gas within 20 minutes if the utility had installed automatic valves.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.ntsb.gov/investigations/AccidentReports/Reports/PAR1101.pdf\" target=\"_blank\">2006 PG&E memo\u003c/a> shows that PG&E considered installing automatic safety valves, but did not. A PG&E senior gas-consulting engineer, Chi-hung Lee Sr., wrote in the memo that he found most of the damage from a pipeline explosion occurs within 30 seconds.\u003c/p>\n\u003cp>The engineer later testified at the NTSB hearing that his research was limited. The Pipeline and Hazardous Materials Safety Administration and other safety groups had reached different conclusions about shutoff valves. Federal safety officials have suggested, but not required, the use of automatic shutoff valves since 1999. PG&E officials acknowledged at the hearing that after Lee's memo they made no effort to further install the valves.\u003c/p>\n\u003cp>Since the San Bruno explosion, PG&E has installed 208 automated valves that the utility can shut off remotely from a control room and 14 automatic shutoff valves that can shut themselves off in areas where transmission pipelines cross major fault lines.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090994/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_43929\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>6) \u003ca name=\"paralellUniverses\">\u003c/a>“We live in parallel universes…” — Jan. 10, 2011\u003c/strong>\u003c/p>\n\u003cp>In 2008, PG&E purposely boosted pressure on the San Bruno natural gas line to 400 pounds per square inch, the maximum legal limit. Normally, the line ran at 375 psi.\u003c/p>\n\u003cp>The next time the pressure on that gas line exceeded 375 psi was on Sept. 9, 2010, when a malfunction spiked the pressure to 386 psi, coinciding with the deadly explosion in San Bruno killing eight people and destroying 28 homes.\u003c/p>\n\u003cp>PG&E later said they increased the pressure in 2008 under a mistaken understanding of federal law. The utility believed that to maintain the ability to run gas at 400 psi, the legal limit, they needed to do so once every five years.\u003c/p>\n\u003cp>A \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-surge-may-have-stressed-San-Bruno-line-in-08-2478734.php\" target=\"_blank\">San Francisco Chronicle investigation\u003c/a> published on Jan. 9, 2011, revealed that the earlier pressure surge could have weakened the pipeline.\u003c/p>\n\u003cp>PG&E and CPUC officials referenced the story the next day, Jan. 10. At 9:35 a.m. Paul Clanon, then-executive director of the California Public Utilities Commission, wrote to senior CPUC staff asking about the spike:\u003c/p>\n\u003cp>“The Chronicle's story on the 2008 temporary rise in pressure on Line 132 to 400 psi doesn't match what I've heard. What are the facts? Is it standard practice or not to raise pressure up to MAOP [maximum allowable operating pressure] to preserve the maximum? Is 2008 really the only time PG&E has raised pressure on that line above 375 until the explosion?”\u003c/p>\n\u003cp>About 30 minutes later he contacted former PG&E executive Brian Cherry: “What are your guys saying about the facts in the Chron story yesterday? Contradicted my understanding of the rules, anyway.”\u003c/p>\n\u003cfigure id=\"attachment_10568621\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-e1434683647732.jpg\">\u003cimg class=\"size-medium wp-image-10568621\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Paul-Clanon-800x602.jpg\" alt=\"Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \" width=\"800\" height=\"602\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Paul Clanon speaks at a September 28, 2010 Senate committee hearing on gas pipeline safety. \u003ccite>(Alex Wong/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Two minutes later Cherry shared his confusion: “Not sure. Let me follow up. I was under the same understanding.”\u003c/p>\n\u003cp>Clanon wrote back at 10:48: “Our guys are doing the same thing, and you and I can triangulate.”\u003c/p>\n\u003cp>It is not standard practice for utilities to raise pressure on transmission lines, and federal law requires utilities to conduct a costly inspection on any pipeline when the pressure exceeds the maximum limit. PG&E had not conducted such an inspection, nor did Clanon ask if they had in the emails released.\u003c/p>\n\u003cp>By 4:53 p.m. Cherry and Clanon began to be concerned that neither PG&E nor CPUC staff could come up with an answer about whether such pressure spiking on a gas line was a normal practice. The two sympathized with each other.\u003c/p>\n\u003cp>Clanon wrote Cherry: “Nothing back yet?” Cherry responded “Nothing yet…” and later “We live in parallel universes.”\u003c/p>\n\u003cp>About an hour later, Clanon had received research from CPUC staff and wanted to run it by Cherry:\u003c/p>\n\u003cp>“Here's what I get from my people. You agree? Follows: PG&E raises the pressure in transmission lines to MAOP once every five years based on its conservative interpretation of 192.917(e)(4)…”\u003c/p>\n\u003cp>The next day, \u003ca href=\"http://www.sfchronicle.com/bayarea/article/PG-E-halts-intentional-gas-line-pressure-spikes-2478613.php\" target=\"_blank\">a Chronicle story\u003c/a> included a statement from a PG&E spokesperson that was very similar to what Clanon had written. “PG&E initially said it had conducted the pressure test on the San Bruno line to ‘preserve’ the pipe's legal capacity, saying federal law required it. A spokesman later backtracked and conceded there was no such requirement.”\u003c/p>\n\u003cp>CPUC spokesperson Constance Gordon says that Clanon and Cherry were discussing each other's understanding of the rules, so \"if PG&E had a different understanding than that of CPUC staff the issue could be further discussed.\"\u003c/p>\n\u003cp>The Utility Reform Network is one of PG&E’s sharpest critics. TURN spokesperson Mindy Spatt said such conversations are concerning.\u003c/p>\n\u003cp>\"Well, it’s a question of whether the commission should be a watchdog or a lapdog. A watchdog would say, wait a minute PG&E what’s going on here? And a lapdog would say, let’s coordinate our message.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089050/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_86669\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>7) \u003ca name=\"investorRelations\">\u003c/a>“Investor relations” — Sept. 26, 2011\u003c/strong>\u003c/p>\n\u003cp>An email exchange between Commissioner Mark Ferron and PG&E’s Brian Cherry shows Ferron sought advice from PG&E on which Wall Street analysts he should meet with privately on a trip to New York.\u003c/p>\n\u003cp>“Mark,” Cherry wrote to Ferron in a Sept. 26, 2011 email, “Commissioner Florio was over at PG&E the other day and mentioned that you might need some help meeting with the buy and sell side analysts in New York. If you are interested, Gabe Togneri, our VP of Investor Relations, would be happy to reach out to some of them and have them sponsor a meeting. Our only role would be to make the contact. The analysts would sponsor the meetings themselves and you would meet with them privately.”\u003c/p>\n\u003cp>Ferron responded: “[PG&E CEO] Tony Earley … highlighted Dan Ford at Barclays Capital as a thought leader worthwhile meeting if I can find the time. Who else might Gabe recommend?”\u003c/p>\n\u003cp>While there’s no record here of Ferron discussing the proposed San Bruno penalty with Ford, the Barclays analyst was clearly focused on that question.\u003c/p>\n\u003cp>In September 2012, Ford authored a report noting that PG&E would have difficulty raising $2.2 billion in equity to cover the expected San Bruno fine amount. (The actual penalty amount, finally determined on April 9 this year, was set at $1.6 billion.)\u003c/p>\n\u003cp>And in \u003ca href=\"http://www.ocregister.com/articles/california-530091-puc-state.html\" target=\"_blank\">a report authored by Ferron\u003c/a>, made public in October 2013, the commissioner related investors’ concerns that levying too large a fine against PG&E would cause them to view California as a “capital-unfriendly, ‘banana republic.’” That could lead to an increase in the cost of financing capital for utilities, warned Ferron, who had worked at Deutsche Bank prior to being appointed as a commissioner in March 2011.\u003c/p>\n\u003cp>Ferron stepped down as a commissioner in 2014, citing health problems. CPUC spokesperson Constance Gordon said she was unable to offer comment on emails sent by individuals who no longer worked at the commission. Attempts to reach Ferron were unsuccessful.\u003c/p>\n\u003cp>The question as to whether commissioners had inappropriate ex parte communications with Wall Street analysts was raised in a brief filed by the CPUC’s Division of Ratepayer Advocates. (Since renamed Office of Ratepayer Advocates).\u003c/p>\n\u003cp>“Some, if not all, of the financial industry representatives who reported discussing the San Bruno investigations with Commission offices represent firms or clients with a financial interest in PG&E Corporation,” the CPUC’s consumer advocacy branch pointed out. “The size of the fine and other penalties the Commission may impose in the San Bruno Investigations is a substantive issue in all three [CPUC] investigations.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089048/content?start_page=1&view_mode=scroll&access_key=key-Mn9jh61Mxr2k4WEJWObu&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"0.7586206896551724\" scrolling=\"no\" id=\"doc_86425\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>8) \u003ca name=\"happyBirthday\">\u003c/a>“Happy Birthday!” — Sept. 16, 2010\u003c/strong>\u003c/p>\n\u003cp>It was 7 a.m. on Sept. 16, 2010, one week after the San Bruno pipeline explosion. CPUC executive director Paul Clanon emailed PG&E’s Brian Cherry with a simple message in the subject line: “Happy Birthday!”\u003c/p>\n\u003cp>“Thanks,” Cherry replied. He shared his birthday wish. “I’d love a nice muzzle for Mark Toney.”\u003c/p>\n\u003cp>Mark Toney is executive director of The Utility Reform Network (TURN), a leading critic of PG&E.\u003c/p>\n\u003cfigure id=\"attachment_10568624\" class=\"wp-caption alignleft\" style=\"max-width: 600px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\">\u003cimg class=\"size-full wp-image-10568624\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/Mark-Toney.jpg\" alt=\"Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director.\" width=\"600\" height=\"420\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney.jpg 600w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/Mark-Toney-400x280.jpg 400w\" sizes=\"(max-width: 600px) 100vw, 600px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Mark Toney, executive director of consumer advocacy group The Utility Reform Network, was the target of an unkind remark in an email from a PG&E executive to the regulatory agency director. \u003ccite>(Courtesy The Utility Reform Network)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>As for why Cherry would have wanted a “muzzle” for Toney, TURN spokesperson Mindy Spatt told KQED that Toney had issued a public statement about customer safety just before this exchange took place.\u003c/p>\n\u003cp>“He was saying: Demand that PG&E put customer safety first – that is the message that PG&E wanted muzzled, a message that said ‘no more San Brunos,’” Spatt said.\u003c/p>\n\u003cp>On Sept. 15, Cherry had emailed Clanon to tell him then-PG&E CEO Peter Darbee believed “TURN’s behavior \u003ca href=\"http://www.sfgate.com/bayarea/article/PG-E-targeted-critics-after-San-Bruno-blast-6054156.php\" target=\"_blank\">has bordered on the irresponsible\u003c/a>.” He wondered whether the CPUC would be willing to make a statement publicly discounting TURN’s claims. While it’s not clear from the emails how Clanon reacted to this request, his email reply to Cherry was: “Call me when you can.”\u003c/p>\n\u003cp>“It was actually six days after the fatal San Bruno explosion that Brian Cherry referred to TURN’s behavior as irresponsible,” Spatt said when asked about this. “His company has just killed eight people and incinerated an entire neighborhood.\"\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269090899/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_38056\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>9) \u003ca href=\"jerryBrown\">“Get this info to Brown”\u003c/a> -- Jan. 11, 2011\u003c/strong>\u003c/p>\n\u003cp>While it’s obvious why a major utility company would be concerned that its stock had been downgraded, it’s not as clear why a commissioner would care. Upon learning about a financial downgrade, then-CPUC president Michael Peevey recommended that PG&E find a way to indirectly alert Gov. Jerry Brown, who was then in the process of determining new commission appointments.\u003c/p>\n\u003cp>The email thread begins Jan. 11, 2011, when PG&E’s Brian Cherry forwarded Peevey a message from PG&E’s investor relations division about a financial analyst’s report.\u003c/p>\n\u003cp>“Citigroup downgraded … PG&E,” the email explained. The note showed that analysts feared “uncertainty and potential shifting dynamics in the regulatory arena.”\u003c/p>\n\u003cp>In response, Peevey wrote in an email to Cherry: “You should find a way to get this info to Brown as he makes his decisions on Commissioners ASAP. Probably best coming from a non-utility source, such as investment banker(s).”\u003c/p>\n\u003cp>When asked why Peevey would provide this advice, CPUC spokesperson Constance Gordon responded, “The questions you’ve asked involve individuals who are no longer with the CPUC, so we cannot ask them your questions.”\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269091157/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_69098\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>10. \u003ca href=\"prozac\">“Prozac might be a solution!”\u003c/a> -- June 4, 2010\u003c/strong>\u003c/p>\n\u003cp>PG&E officials had no idea what they were getting into when the utility began installing smart meters in California in 2006. Smart meters are a critical component of the \"smart grid” -- the devices track energy usage and transmit data back to customers and utilities, with the goal of reducing electricity consumption and distributing power more efficiently across the electric grid.\u003c/p>\n\u003cp>Smart meters faced an almost \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/03/10/the-backlash-against-smartmeters/\" target=\"_blank\">immediate backlash\u003c/a>. Users first complained that the devices gave artificially high readings. Later the \u003ca href=\"https://www.scribd.com/doc/269092309/Smart-Meter-Investigation-Findings-by-CPUC\" target=\"_blank\">CPUC found\u003c/a> that about 1,480 meters inaccurately recorded electricity consumption in ambient temperatures ranging from 100– 115 degrees Fahrenheit due to a defective chip. Nevertheless, \u003ca href=\"http://docs.cpuc.ca.gov/EFILE/RULINGS/122935.PDF\" target=\"_blank\">a study\u003c/a> conducted by an independent consultant, The Structure Group, determined that the meters generally functioned as intended.\u003c/p>\n\u003cp>Next, consumer advocacy groups, including TURN, \u003ca href=\"http://blogs.kqed.org/climatewatch/2010/06/13/dumbfounded-by-smartmeters/\" target=\"_blank\">raised concerns\u003c/a> that the meters would harm people like seniors who sometimes have no choice but to run their air conditioners in the sweltering Central Valley. TURN also noted that with smart meters, PG&E could simply turn off people’s power if they couldn’t keep up with the bills. Privacy advocates expressed concern about utilities gaining access to information about their use of personal home appliances.\u003c/p>\n\u003cfigure id=\"attachment_10568672\" class=\"wp-caption alignright\" style=\"max-width: 300px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\">\u003cimg class=\"size-full wp-image-10568672\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/4-43EMF_300.jpg\" alt=\"A sign from a smart meter protest in 2010.\" width=\"300\" height=\"200\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A sign from a smart meter protest in 2010. \u003ccite>(Amy Standen/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The biggest battle over smart meters, though, centered on electromagnetic fields (EMFs) emitted by smart meters. The possible health effects of EMFs have been a subject of debate since the \u003ca href=\"http://content.time.com/time/magazine/article/0,9171,918076,00.html\" target=\"_blank\">Cold War\u003c/a>, and fear has intensified in the wireless age with the introduction of countless devices that emit EMFs, such as cellphones, laptops and Wi-Fi routers.\u003c/p>\n\u003cp>\u003ca href=\"http://www.cancer.gov/about-cancer/causes-prevention/risk/radiation/magnetic-fields-fact-sheet\" target=\"_blank\">The National Institutes of Health’s National Cancer Institute\u003c/a> says that “several early epidemiologic studies raised the possibility of an association between certain cancers, especially childhood cancers, and ELF-EMFs. Most subsequent studies have not shown such an association.”\u003c/p>\n\u003cp>Unlike high-energy radiation emitted from devices like X-rays, low-energy emissions from devices like smart meters cannot damage DNA or cells directly, the NIH writes. \u003ca href=\"http://www.who.int/peh-emf/research/en/\" target=\"_blank\">The World Health Organization concluded\u003c/a> that low-energy emissions cause “no substantive health issues.” Smart-meter emissions are 60 times lower than the federal health guidelines.\u003c/p>\n\u003cp>EMF activists remain concerned, however, about the accumulated exposure people face from being surrounded by so many low-emission devices. And they’ve flooded the CPUC and PG&E with complaints.\u003c/p>\n\u003cp>By June 4, 2010, Carol Brown, then-CPUC President Michael Peevey’s chief-of-staff, wanted an answer for the people contacting her about EMFs. She wrote to then-PG&E executive Brian Cherry: “So far I have done OK just listening to the sad tales of EMF poisoning - and telling them thank you for bringing it to our attention - but then not offering them any solution!!! I just wanted to have a resource in case! Have a nice weekend.”\u003c/p>\n\u003cp>Cherry responded: “Prozac might be a solution!”\u003c/p>\n\u003cp>In the meantime, cities, including San Francisco, began petitioning the CPUC to make smart meters optional.\u003c/p>\n\u003cp>Peevey recommended to Cherry in an email in September 2010 that PG&E consider making the meters optional:\u003c/p>\n\u003cp>“One thought for the company: If it were my decision I would let anyone who wants to keep their old meter keep it, if they claim they suffer from EMF and/or related electronic-related illnesses and they can produce a doctor's letter saying so (or expressing concern about the likelihood of suffering same). I would institute such a policy quietly and solely on an individual basis. There really are people who feel pain, etc., related to EMF, etc., and rather than have them becoming hysterical, etc., I would quietly leave them alone. Kick it around. And, it sounds like the company may already have taken this step, based on a couple of the comments at yesterday's public hearing.”\u003c/p>\n\u003cp>Cherry said that he would consider it: “I do worry that this policy, no matter how discrete (sic) we try to make it, will surface and town councils and cities in our territory will ask for similar treatment. That said, we will take the matter up and get back to you with our feedback.”\u003c/p>\n\u003cp>In March 2011, PG&E proposed allowing smart meter users to opt out. The CPUC approved that plan in February 2012. Customers who opt out of the program must pay an initial fee and monthly charge.\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"https://www.scribd.com/embeds/269089051/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_26891\" width=\"100%\" height=\"600\" frameborder=\"0\" class=\"iframe-class\">\u003c/iframe>\u003c/p>\n\u003cp>\u003cstrong>\u003ca name=\"whatHappened\">\u003c/a>Where Are They Now?\u003c/strong>\u003c/p>\n\u003cp>\u003cstrong>Brian Cherry\u003c/strong>, PG&E’s vice president of regulatory affairs, was fired from PG&E in September of 2014, after inappropriate email exchanges came to light.\u003c/p>\n\u003cp>\u003cstrong>Thomas Bottorff\u003c/strong>, PG&E’s senior vice president of regulatory affairs and Cherry’s boss, was fired along with Cherry. According to a San Jose Mercury News article he was to receive a severance payment totaling more than $1 million.\u003c/p>\n\u003cp>\u003cstrong>Chris Johns\u003c/strong>, president of PG&E, \u003ca href=\"http://ww2.kqed.org/news/2015/05/27/pge-president-to-retire-as-utility-faces-mounting-scrutiny\" target=\"_blank\">announced several weeks\u003c/a> ago that he would retire by the end of the year.\u003c/p>\n\u003cp>\u003cstrong>Michael Peevey\u003c/strong>, president of the California Public Utilities Commission, stepped down from his role after his term came to an end in December of 2014. Peevey came under fire for inappropriate email exchanges.\u003c/p>\n\u003cp>\u003cstrong>Paul Clanon\u003c/strong>, executive director of the California Public Utilities Commission, announced at the end of December that he would retire to study music.\u003c/p>\n\u003cp>\u003cstrong>Mark Ferron\u003c/strong>, former commissioner at the California Public Utilities Commission, resigned in December of 2014 due to health problems.\u003c/p>\n\u003cp>\u003cstrong>Carol Brown\u003c/strong>, former commission president Peevey’s chief of staff, stepped down in the wake of revelations that she had agreed to intervene on a judge appointment for a case involving PG&E. Despite news reports that she might return to the agency as an administrative law judge, a CPUC spokesperson confirmed to KQED that Brown has retired.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cstrong>Michael Florio\u003c/strong>, who was also entangled in the judge-shopping scandal, remains as a commissioner at the California Public Utilities Commission.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "What's The Story Behind the SFPD Body Cam Program's Many Delays?",
"title": "What's The Story Behind the SFPD Body Cam Program's Many Delays?",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>\u003cstrong>Updated Friday, 5:15 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hen Greg Suhr took command of the San Francisco Police Department in April 2011, he had a scandal on his hands.\u003c/p>\n\u003cp>The city's public defender, Jeff Adachi, had \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/\" target=\"_blank\">released surveillance video\u003c/a> that, among other things, caught plainclothes San Francisco police officers in the act of illegally searching a room in a single-resident-occupancy hotel on a gritty part of Sixth Street, just south of Market. That video and others led to the indictment of half a dozen officers on a variety of corruption charges; four were convicted.\u003c/p>\n\u003cp>\"We have no room in the department for dishonest cops,\" Suhr said when \u003ca href=\"http://www.sfgate.com/bayarea/article/Greg-Suhr-top-cop-who-rose-through-ranks-sworn-2373512.php\" target=\"_blank\">he was sworn in\u003c/a>, referring to the case.\u003c/p>\n\u003cp>But Adachi kept releasing incriminating video footage, prompting Suhr to \u003ca href=\"https://web.archive.org/web/20110616122930/http://www.sfexaminer.com/local/2011/05/san-francisco-police-officers-may-carry-cameras-during-arrests\" target=\"_blank\">announce\u003c/a> he wanted to equip officers with body cameras to record searches. That statement -- on May 17, 2011 -- was Suhr's first mention of a plan that eventually became a body camera pilot program.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210983530\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>Over the four years since then, Suhr has repeatedly promised that the department was very close to outfitting 50 plainclothes officers with the devices.\u003c/p>\n\u003cp>But the department didn't actually buy any cameras until December 2014. And the pilot program never launched.\u003c/p>\n\u003cp>Instead, on April 30, Mayor Ed Lee, with Suhr at his side, announced that the city would spend more than $6 million to buy body cameras for the entire police department.\u003c/p>\n\u003caside>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//cdn.knightlab.com/libs/timeline/latest/embed/index.html?source=1ELJT7UV5Z1bjwFB2tCkqDOXWrAGHD80kejShxa2F02s&font=Bevan-PotanoSans&maptype=toner&lang=en&height=650\" width=\"150%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/aside>\n\u003caside>\u003c/aside>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hile other police departments around the country have extensively tested and deployed body cameras since Suhr first announced his plan, the San Francisco Police Department remains several months away from equipping its officers with the devices.\u003c/p>\n\u003cp>A KQED investigation found the department spent nine months obtaining a sole-source waiver allowing it to purchase cameras from Taser International, without considering other bids. Documents and interviews with top police officials reveal that the department requested a no-bid contract after field-testing only Taser cameras.\u003c/p>\n\u003cp>After receiving the waiver, another 14 months passed before the department signed a deal with the company.\u003c/p>\n\u003cp>And although Suhr and other department leaders made reference to it on multiple occasions, the department never provided a policy governing the use of the cameras to the city's Police Commission. SFPD has cited multiple exemptions in open records law in an effort to keep its draft policy from the public -- including that the document would reveal secret investigative techniques or procedures, and that as a draft, the policy need not be released.\u003c/p>\n\u003cp>\"SFPD recently chose to forego the pilot program and instead proceed with implementing body-worn cameras department-wide,\" the City Attorney's Office wrote in a response to KQED's petition to force the policy's release. \"The documents do not contain factual information, but are policy and planning recommendations that the department never carried out.\"\u003c/p>\n\u003cfigure id=\"attachment_10567237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg\">\u003cimg class=\"wp-image-10567237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg\" alt=\"A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March.\" width=\"400\" height=\"310\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-800x621.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1440x1118.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1180x916.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-960x745.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg 1920w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March. \u003ccite>(George Frey/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city attorney determined documents related to the \"abandoned proposed pilot program\" are of limited public interest and exempt from disclosure.\u003c/p>\n\u003cp>But the department’s handling of the pilot program has raised questions about its commitment to deploying cameras and its relationship with Taser as it prepares to spend millions on new cameras.\u003c/p>\n\u003cp>Police Commissioner Petra DeJesus said she has been contacted by other camera manufacturers asking whether the city would request bids for its next purchase. She said she didn't know about the no-bid contract with Taser until KQED showed her the sole-source waiver. She asked about the department's deal with Taser at last week's Police Commission meeting.\u003c/p>\n\u003cp>“The cameras did go out to bid,” Suhr said at that meeting. “Taser won that bid.”\u003c/p>\n\u003cp>When DeJesus pressed Suhr on whether the department had received “an exception to go with one vendor” for the pilot program, the police chief said he would “look into that,” but it was his recollection that Taser International “came in low bid.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">D\u003c/span>ocuments obtained by KQED show that Suhr himself requested and received a waiver from the U.S. Department of Justice, which funded the program, in April 2013. He also signed a similar request to the city’s Office of Contract Administration, allowing the department to purchase cameras from Taser without considering other bids. The OCA granted that request in September 2013.\u003c/p>\n\u003cp>Supervisor John Avalos says he is concerned the purchase could pave the way for a much larger no-bid contract with Taser. Suhr told the Board of Supervisors Budget and Finance Committee Wednesday that the next purchase would go out to bid.\u003c/p>\n\u003cp>The department's deal with Taser included three years of a free subscription to its cloud-based data storage system, Evidence.com. But department leaders continued to raise concerns about the cost of storage for the pilot program after the deal was signed and the cameras were purchased.\u003c/p>\n\u003cp>As NPR \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2015/05/29/410572605/as-police-body-cameras-increase-what-about-all-that-video\" target=\"_blank\">recently reported\u003c/a>, that’s in line with Taser’s shift to a focus on recurring subscription payments rather than one-off equipment sales.\u003c/p>\n\u003cp>\"I think it will look more like your cable bill,\" equity analyst Glenn Mattson told NPR. \"A lot of times you get a pretty nice deal to get a cable subscription, you know, and then that introductory rate gets raised over time.\"\u003c/p>\n\u003cp>SFPD’s pilot purchase from Taser is just the most recent chapter in a long effort to secure the department’s business, with a succession of police chiefs in the company’s corner.\u003c/p>\n\u003caside class=\"pullquote alignright\">'How do we make certain that we have the most secure, economically feasible way of storing this data? Axon had it. No one else had it at the time.'\u003ccite>Mikail Ali\u003cbr>\nSFPD Deputy Chief\u003c/cite>\u003c/aside>\n\u003cp>Taser, best known as the maker of electronic \"stun guns,\" had been angling to get the city's business for more than a decade.\u003c/p>\n\u003cp>San Francisco's last four chiefs of police -- Heather Fong, George Gascón, interim Chief Jeff Godown and Suhr -- all tried to win approval from the city's Police Commission to equip officers with the Taser weapons. But public opposition killed the proposal each time.\u003c/p>\n\u003cp>“They’ve marketed very aggressively to the SFPD,\" former police commissioner Angela Chan said. “At one point, Taser International was even presenting to the Police Commission. Their presentation was clearly a commercial presentation.”\u003c/p>\n\u003cp>Taser's executive vice president of global sales said San Francisco is one of only three major U.S. cities that doesn't equip police with the company's stun guns. Josh Isner said winning the pilot body camera contract is a point of pride for the Taser.\u003c/p>\n\u003cp>\"In San Francisco, we weren’t an incumbent vendor,\" Isner said, \"and we still were awarded the contract there. We really haven’t had any type of relationship with the City of San Francisco, any type of procurement relationship, before interest in the body cams came out.\"\u003c/p>\n\u003cp>Suhr announced he was \u003ca href=\"http://www.sfgate.com/crime/article/Police-Chief-Greg-Suhr-drops-stun-gun-plan-4425780.php\" target=\"_blank\">dropping his attempt\u003c/a> to deploy the stun guns in early April 2013. But at the same time, documents obtained through a Public Records Act request show, the chief was pursuing a no-bid contract with Taser to obtain the company’s Axon Flex body cameras and Evidence.com subscription.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>n April 4, 2013, Suhr wrote a letter to the Justice Department requesting a waiver that would allow the Police Department to use $250,000 from a federal law-enforcement technology grant to buy wearable cameras from Taser without requesting bids from other manufacturers.\u003c/p>\n\u003cp>Suhr wrote that the department had begun researching wearable cameras in May 2012 -- a full year after he first publicly suggested SFPD would use them. After reviewing a study by the Modesto Police Department and field testing cameras from Taser and one competitor, Vievu, he wrote:\u003c/p>\n\u003cp>“We believe that it is in the best interest of the San Francisco Police Department to purchase both the Axon camera systems and Evidence.com evidence managers from Taser International as sole source procurements.”\u003c/p>\n\u003cfigure id=\"attachment_10567253\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg\">\u003cimg class=\"wp-image-10567253 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg\" alt=\"San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the "low bid" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase.\" width=\"400\" height=\"455\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-800x910.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1440x1638.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1180x1342.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-960x1092.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg 1450w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the \"low bid\" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>An SFPD official said the field testing Suhr referred to consisted of using two camera systems from Taser for about six weeks. Deputy Chief Mikail Ali said the Vievu assessment consisted of little more than looking at the camera since the department lacked the needed computer software and hardware to fully test it.\u003c/p>\n\u003cp>The research by the Modesto Police Department, also mentioned by Suhr, appears to have been much more thorough than what the SFPD undertook. In requesting its own waiver for a no-bid contract for 158 Axon Flex cameras in 2012, the Modesto police explained the force had tested cameras from four different makers over a period of 13 months.\u003c/p>\n\u003cp>The department concluded that Taser's Axon Flex system and its customer service were superior to offerings from competitors, though \u003ca href=\"http://file.lacounty.gov/bc/q4_2012/cms1_186278.pdf\" target=\"_blank\">a report\u003c/a> provided to the Los Angeles County Sheriff's Department also noted problems with the Taser system. Officers experienced sporadic problems with the system's functioning and lost some evidence, the document says, and some complained that the wires the device uses were too fragile.\u003c/p>\n\u003cp>The Justice Department's Office of Community Oriented Policing Services approved Suhr's request to spend federal grant money on a no-bid purchase from Taser -- with the caveat that the SFPD should also follow local contract and purchasing laws. The San Francisco Office of Contract Administration granted the department’s sole-source waiver in September 2013, citing the federal government’s approval.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>y that time, the department was already negotiating with Taser to buy cameras, and Suhr was promising that a pilot body camera program was imminent.\u003c/p>\n\u003cp>Documents show that the company submitted a quote to the Police Department in June 2013. The heavily discounted total for a camera system and data storage totaled just under $350,000 -- but substantially more than the $250,000 the department was talking about spending.\u003c/p>\n\u003cp>In August 2013, Suhr said the department \u003ca href=\"http://www.sfgate.com/crime/article/S-F-cops-will-wear-cameras-to-record-searches-4762701.php\" target=\"_blank\">would begin\u003c/a> equipping 50 plainclothes officers with wearable video cameras “within the next six weeks.”\u003c/p>\n\u003cp>In January 2014, responding to an incident in which plainclothes officers were accused of beating a teenager who had been stopped for riding his bike on the sidewalk in the Valencia Gardens housing project, Suhr said \u003ca href=\"http://www.sfgate.com/bayarea/nevius/article/S-F-police-seek-cameras-to-capture-whole-picture-4997404.php\" target=\"_blank\">the pilot program\u003c/a> was just two weeks away.\u003c/p>\n\u003cp>But despite Suhr's pledges, documents show the city was nowhere near buying the cameras the chief said it was about to deploy.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>hrough the early months of 2014, staffers in the Police Department and the city's Office of Contract Administration exchanged emails about the status of the project.\u003c/p>\n\u003cp>“Taser International has expressed a willingness to address any concerns we may have with cost, terms and conditions,” SFPD Commander Mikail Ali wrote in a March 17, 2014 email. “They have a [sic] implementation team on standby waiting to come to our city upon execution of an agreement.”\u003c/p>\n\u003cp>Ali, whom Suhr had called his \"gadget guy\" and who has since been promoted to deputy chief, oversaw planning for the pilot program through late 2014. His replacement, Commander Bob Moser, declined multiple interview requests from KQED. The Police Department provided email correspondence addressed to Moser, but no responses or any other documents written by him.\u003c/p>\n\u003cp>After no apparent movement on the purchase, Taser last September came up with a new quote -- for 165 Axon Flex cameras, support equipment, software and three years of free data storage -- that fell within the Police Department's $250,000 budget, though the department would still have to pay out of pocket for staff to administer the program.\u003c/p>\n\u003cp>SFPD agreed to that deal, and in December the city paid Taser $249,623.69. The cameras have yet to be deployed, however, as the department and Police Commission continue work on a policy to govern how the devices are to be used.\u003c/p>\n\u003cp>That policy will be crucial as the department weighs the purchase of 1,600 to 1,800 cameras to equip all of its officers. The initial price tag for a camera system is just the beginning of what the city will pay. At a Board of Supervisors hearing last October, Deputy Police Chief Sharon Ferrigno estimated the five-year cost of equipping all officers would be more than $21 million.\u003c/p>\n\u003cp>The major costs of the program include the cost of storing the massive amount of video the cameras record as well as the new personnel the department will need to handle the video.\u003c/p>\n\u003cp>The $6 million budget item Mayor Lee announced in April would cover just the first two years of the department-wide body camera program.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">A\u003c/span>t the mayor's announcement, Suhr declined to say who would supply the cameras the department needs.\u003c/p>\n\u003cp>“We are San Francisco, so we’re going to figure out whether or not we have to go out to bid for cameras or if we can go with the cameras that we were going to use already,” Suhr said. “But we’ll do it right so there’s no question that it wasn’t done right.”\u003c/p>\n\u003cp>Avalos, who called the board hearing on the cameras last fall, says whether the department will request bids for the expected camera purchase \"shouldn't even be a question.\"\u003c/p>\n\u003cp>\"The bidding process provides the opportunity for competition,\" Avalos said, adding that issuing a request for proposals would invite any company that was interested to present their products' capabilities -- and give the city price quotes.\u003c/p>\n\u003cfigure id=\"attachment_10567258\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg\">\u003cimg class=\"size-thumbnail wp-image-10567258\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg\" alt='Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\"' width=\"400\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg 667w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\" \u003ccite>(Sara Bloomberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He said issuing a bid request is \"standard practice\" and that should be the process followed for this multimillion dollar purchase.\u003c/p>\n\u003cp>\"That’s a huge contract that I would not feel comfortable ever supporting without there being a competitive bid,\" Avalos said. \"But if Taser has created its own relationship and got its foot in the door ... I would be alarmed and definitely would not want to move forward with anything that appears to be a sole-source contract.\"\u003c/p>\n\u003cp>If the SFPD won't pursue another sole-source contract with Taser, as Suhr indicated Wednesday, that's a decision that was made recently.\u003c/p>\n\u003cp>Deputy Chief Ali said June 5 that it was yet to be determined whether the city would open up the bidding process, a decision that would ultimately be up to the city's Office of Contract Administration.\u003c/p>\n\u003cp>\"I won’t put the cart before the horse,\" he said. \"Those discussions are underway, and we’ll just have to see where they go.\"\u003c/p>\n\u003cp>The Office of Contract Administration did not respond to repeated requests for an interview, nor did that office respond to KQED's Public Records Act request. A representative said the office had given responsive documents to the Police Department.\u003c/p>\n\u003cp>Taser Executive Vice President Josh Isner said the decision to sole source or request bids is up to the police department and the city, and Taser is \"happy to compete in either way.\"\u003c/p>\n\u003cp>\"As a public company, we can’t say too much about ongoing negotiations and forward facing information regarding deals,\" Isner said. \"It’d be a safe assumption to say -- the fact that they already have our product -- we’re certainly hoping to win the business for more of that same product.\"\u003c/p>\n\u003cp>Suhr and other senior commanders have said that Taser's offerings can't be matched by the growing number of competing -- and often cheaper -- systems on the market.\u003c/p>\n\u003cp>Among the features the SFPD has cited are cloud storage of the massive amounts of data (which is available from other vendors) and the Taser Evidence.com system's ability to obscure portions of video images to protect the identity of witnesses.\u003c/p>\n\u003cp>Ali said that given the department's limited information technology capabilities, Taser's cloud-based digital storage system made its product the only feasible choice for the city when it was shopping for cameras.\u003c/p>\n\u003cp>\"How do we make certain that we have the most secure, economically feasible way of storing this data?\" he said. \"Axon had it. No one else had it at the time.\"\u003c/p>\n\u003cp>Ali said the department had intended to field test Vievu cameras, but lacked the technology Vievu's product required.\u003c/p>\n\u003cp>\"We did not have that capacity to even test them beyond just looking at them physically,\" he said. \"We just didn’t have the physical capacity to do it because we had no means of storing it on a server in- house.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>aser is one of a few leading suppliers of body-worn cameras, but its sales tactics have recently come under scrutiny.\u003c/p>\n\u003cp>An Associated Press investigation earlier this year \u003ca href=\"http://www.seattletimes.com/nation-world/body-camera-maker-has-financial-ties-to-police-chiefs-2/\" target=\"_blank\">found\u003c/a> the company has aggressively courted local police chiefs in an effort to win the same kind of deal the company pursued with San Francisco -- a no-bid contract where the competition never gets a chance to demonstrate its products or quote prices.\u003c/p>\n\u003cp>The AP's disclosures recently \u003ca href=\"http://www.seattletimes.com/nation-world/cities-review-ethics-rules-amid-ties-between-chiefs-taser/\" target=\"_blank\">prompted ethics reviews\u003c/a> in Salt Lake City and Fort Worth, Texas.\u003c/p>\n\u003cp>Taser has also come under fire for hiring recently retired police chiefs with whom it has done business. The company announced in April it \u003ca href=\"http://www.nytimes.com/aponline/2015/05/01/us/ap-us-body-cameras-police-chiefs.html?_r=0\" target=\"_blank\">would change\u003c/a> the practice after a New Mexico state audit blasted the hiring of the former police chief of Albuquerque while he was still on the city's payroll. From now on, Taser said, it will wait a year before hiring retired police officials.\u003c/p>\n\u003cp>Isner confirmed that policy, and said the company has never had any similar relationship with anyone who works or has worked for the SFPD. He said Taser does focus on major cities like San Francisco.\u003c/p>\n\u003cp>\"They represent a large portion of the policing market both in numbers and in thought leadership,\" he said, \"and San Francisco does fall into that category.\"\u003c/p>\n\u003cp>Taser has become a dominant player despite the presence of competitors who say their body camera systems match Taser's in quality while selling for a fraction of Taser's price.\u003c/p>\n\u003cp>Peter Onruang, founder of Los Angeles-based Wolfcom Enterprises, says his firm is constantly outmaneuvered by Taser, often before getting a chance to bid. He said he's hopeful San Francisco will allow Wolfcom to demonstrate its cameras, cloud-based storage system, and quote a price.\u003c/p>\n\u003cp>“You don’t know how frustrating it is to be the David versus Taser’s Goliath,” he said.\u003c/p>\n\u003cp>\u003cem>KQED's Mia Zuckerkandel and Dan Brekke contributed to this report.\u003c/em>\u003c/p>\n\u003cp>[ad floatright]\u003c/p>\n\u003cp>\u003cem>This report was updated Friday, June 19, to include responses from Taser International.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated Friday, 5:15 p.m.\u003c/strong>\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hen Greg Suhr took command of the San Francisco Police Department in April 2011, he had a scandal on his hands.\u003c/p>\n\u003cp>The city's public defender, Jeff Adachi, had \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/\" target=\"_blank\">released surveillance video\u003c/a> that, among other things, caught plainclothes San Francisco police officers in the act of illegally searching a room in a single-resident-occupancy hotel on a gritty part of Sixth Street, just south of Market. That video and others led to the indictment of half a dozen officers on a variety of corruption charges; four were convicted.\u003c/p>\n\u003cp>\"We have no room in the department for dishonest cops,\" Suhr said when \u003ca href=\"http://www.sfgate.com/bayarea/article/Greg-Suhr-top-cop-who-rose-through-ranks-sworn-2373512.php\" target=\"_blank\">he was sworn in\u003c/a>, referring to the case.\u003c/p>\n\u003cp>But Adachi kept releasing incriminating video footage, prompting Suhr to \u003ca href=\"https://web.archive.org/web/20110616122930/http://www.sfexaminer.com/local/2011/05/san-francisco-police-officers-may-carry-cameras-during-arrests\" target=\"_blank\">announce\u003c/a> he wanted to equip officers with body cameras to record searches. That statement -- on May 17, 2011 -- was Suhr's first mention of a plan that eventually became a body camera pilot program.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210983530&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210983530'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Over the four years since then, Suhr has repeatedly promised that the department was very close to outfitting 50 plainclothes officers with the devices.\u003c/p>\n\u003cp>But the department didn't actually buy any cameras until December 2014. And the pilot program never launched.\u003c/p>\n\u003cp>Instead, on April 30, Mayor Ed Lee, with Suhr at his side, announced that the city would spend more than $6 million to buy body cameras for the entire police department.\u003c/p>\n\u003caside>\n\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe src=\"//cdn.knightlab.com/libs/timeline/latest/embed/index.html?source=1ELJT7UV5Z1bjwFB2tCkqDOXWrAGHD80kejShxa2F02s&font=Bevan-PotanoSans&maptype=toner&lang=en&height=650\" width=\"150%\" height=\"650\" frameborder=\"0\" scrolling=\"yes\" class=\"iframe-class\">\u003c/iframe>\u003cbr>\n\u003c/aside>\n\u003caside>\u003c/aside>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">W\u003c/span>hile other police departments around the country have extensively tested and deployed body cameras since Suhr first announced his plan, the San Francisco Police Department remains several months away from equipping its officers with the devices.\u003c/p>\n\u003cp>A KQED investigation found the department spent nine months obtaining a sole-source waiver allowing it to purchase cameras from Taser International, without considering other bids. Documents and interviews with top police officials reveal that the department requested a no-bid contract after field-testing only Taser cameras.\u003c/p>\n\u003cp>After receiving the waiver, another 14 months passed before the department signed a deal with the company.\u003c/p>\n\u003cp>And although Suhr and other department leaders made reference to it on multiple occasions, the department never provided a policy governing the use of the cameras to the city's Police Commission. SFPD has cited multiple exemptions in open records law in an effort to keep its draft policy from the public -- including that the document would reveal secret investigative techniques or procedures, and that as a draft, the policy need not be released.\u003c/p>\n\u003cp>\"SFPD recently chose to forego the pilot program and instead proceed with implementing body-worn cameras department-wide,\" the City Attorney's Office wrote in a response to KQED's petition to force the policy's release. \"The documents do not contain factual information, but are policy and planning recommendations that the department never carried out.\"\u003c/p>\n\u003cfigure id=\"attachment_10567237\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg\">\u003cimg class=\"wp-image-10567237 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg\" alt=\"A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March.\" width=\"400\" height=\"310\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-400x310.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-800x621.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1440x1118.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-1180x916.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut-960x745.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15596_GettyImages-464977016-qut.jpg 1920w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">A police officer in West Valley City Utah presses a button on his Taser Axon Flex controller to start recording. The department bought 190 systems in March. \u003ccite>(George Frey/Getty Images)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The city attorney determined documents related to the \"abandoned proposed pilot program\" are of limited public interest and exempt from disclosure.\u003c/p>\n\u003cp>But the department’s handling of the pilot program has raised questions about its commitment to deploying cameras and its relationship with Taser as it prepares to spend millions on new cameras.\u003c/p>\n\u003cp>Police Commissioner Petra DeJesus said she has been contacted by other camera manufacturers asking whether the city would request bids for its next purchase. She said she didn't know about the no-bid contract with Taser until KQED showed her the sole-source waiver. She asked about the department's deal with Taser at last week's Police Commission meeting.\u003c/p>\n\u003cp>“The cameras did go out to bid,” Suhr said at that meeting. “Taser won that bid.”\u003c/p>\n\u003cp>When DeJesus pressed Suhr on whether the department had received “an exception to go with one vendor” for the pilot program, the police chief said he would “look into that,” but it was his recollection that Taser International “came in low bid.”\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">D\u003c/span>ocuments obtained by KQED show that Suhr himself requested and received a waiver from the U.S. Department of Justice, which funded the program, in April 2013. He also signed a similar request to the city’s Office of Contract Administration, allowing the department to purchase cameras from Taser without considering other bids. The OCA granted that request in September 2013.\u003c/p>\n\u003cp>Supervisor John Avalos says he is concerned the purchase could pave the way for a much larger no-bid contract with Taser. Suhr told the Board of Supervisors Budget and Finance Committee Wednesday that the next purchase would go out to bid.\u003c/p>\n\u003cp>The department's deal with Taser included three years of a free subscription to its cloud-based data storage system, Evidence.com. But department leaders continued to raise concerns about the cost of storage for the pilot program after the deal was signed and the cameras were purchased.\u003c/p>\n\u003cp>As NPR \u003ca href=\"http://www.npr.org/sections/alltechconsidered/2015/05/29/410572605/as-police-body-cameras-increase-what-about-all-that-video\" target=\"_blank\">recently reported\u003c/a>, that’s in line with Taser’s shift to a focus on recurring subscription payments rather than one-off equipment sales.\u003c/p>\n\u003cp>\"I think it will look more like your cable bill,\" equity analyst Glenn Mattson told NPR. \"A lot of times you get a pretty nice deal to get a cable subscription, you know, and then that introductory rate gets raised over time.\"\u003c/p>\n\u003cp>SFPD’s pilot purchase from Taser is just the most recent chapter in a long effort to secure the department’s business, with a succession of police chiefs in the company’s corner.\u003c/p>\n\u003caside class=\"pullquote alignright\">'How do we make certain that we have the most secure, economically feasible way of storing this data? Axon had it. No one else had it at the time.'\u003ccite>Mikail Ali\u003cbr>\nSFPD Deputy Chief\u003c/cite>\u003c/aside>\n\u003cp>Taser, best known as the maker of electronic \"stun guns,\" had been angling to get the city's business for more than a decade.\u003c/p>\n\u003cp>San Francisco's last four chiefs of police -- Heather Fong, George Gascón, interim Chief Jeff Godown and Suhr -- all tried to win approval from the city's Police Commission to equip officers with the Taser weapons. But public opposition killed the proposal each time.\u003c/p>\n\u003cp>“They’ve marketed very aggressively to the SFPD,\" former police commissioner Angela Chan said. “At one point, Taser International was even presenting to the Police Commission. Their presentation was clearly a commercial presentation.”\u003c/p>\n\u003cp>Taser's executive vice president of global sales said San Francisco is one of only three major U.S. cities that doesn't equip police with the company's stun guns. Josh Isner said winning the pilot body camera contract is a point of pride for the Taser.\u003c/p>\n\u003cp>\"In San Francisco, we weren’t an incumbent vendor,\" Isner said, \"and we still were awarded the contract there. We really haven’t had any type of relationship with the City of San Francisco, any type of procurement relationship, before interest in the body cams came out.\"\u003c/p>\n\u003cp>Suhr announced he was \u003ca href=\"http://www.sfgate.com/crime/article/Police-Chief-Greg-Suhr-drops-stun-gun-plan-4425780.php\" target=\"_blank\">dropping his attempt\u003c/a> to deploy the stun guns in early April 2013. But at the same time, documents obtained through a Public Records Act request show, the chief was pursuing a no-bid contract with Taser to obtain the company’s Axon Flex body cameras and Evidence.com subscription.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">O\u003c/span>n April 4, 2013, Suhr wrote a letter to the Justice Department requesting a waiver that would allow the Police Department to use $250,000 from a federal law-enforcement technology grant to buy wearable cameras from Taser without requesting bids from other manufacturers.\u003c/p>\n\u003cp>Suhr wrote that the department had begun researching wearable cameras in May 2012 -- a full year after he first publicly suggested SFPD would use them. After reviewing a study by the Modesto Police Department and field testing cameras from Taser and one competitor, Vievu, he wrote:\u003c/p>\n\u003cp>“We believe that it is in the best interest of the San Francisco Police Department to purchase both the Axon camera systems and Evidence.com evidence managers from Taser International as sole source procurements.”\u003c/p>\n\u003cfigure id=\"attachment_10567253\" class=\"wp-caption alignright\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg\">\u003cimg class=\"wp-image-10567253 size-thumbnail\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg\" alt=\"San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the "low bid" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase.\" width=\"400\" height=\"455\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-400x455.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-800x910.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1440x1638.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-1180x1342.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285-960x1092.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS4883_010.jpg-alt_285.jpg 1450w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Chief Greg Suhr recently said he thought Taser had submitted the \"low bid\" for the department's body camera pilot program. He also said the city would request bids for the pending, much larger purchase. \u003ccite>(Deborah Svoboda/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>An SFPD official said the field testing Suhr referred to consisted of using two camera systems from Taser for about six weeks. Deputy Chief Mikail Ali said the Vievu assessment consisted of little more than looking at the camera since the department lacked the needed computer software and hardware to fully test it.\u003c/p>\n\u003cp>The research by the Modesto Police Department, also mentioned by Suhr, appears to have been much more thorough than what the SFPD undertook. In requesting its own waiver for a no-bid contract for 158 Axon Flex cameras in 2012, the Modesto police explained the force had tested cameras from four different makers over a period of 13 months.\u003c/p>\n\u003cp>The department concluded that Taser's Axon Flex system and its customer service were superior to offerings from competitors, though \u003ca href=\"http://file.lacounty.gov/bc/q4_2012/cms1_186278.pdf\" target=\"_blank\">a report\u003c/a> provided to the Los Angeles County Sheriff's Department also noted problems with the Taser system. Officers experienced sporadic problems with the system's functioning and lost some evidence, the document says, and some complained that the wires the device uses were too fragile.\u003c/p>\n\u003cp>The Justice Department's Office of Community Oriented Policing Services approved Suhr's request to spend federal grant money on a no-bid purchase from Taser -- with the caveat that the SFPD should also follow local contract and purchasing laws. The San Francisco Office of Contract Administration granted the department’s sole-source waiver in September 2013, citing the federal government’s approval.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">B\u003c/span>y that time, the department was already negotiating with Taser to buy cameras, and Suhr was promising that a pilot body camera program was imminent.\u003c/p>\n\u003cp>Documents show that the company submitted a quote to the Police Department in June 2013. The heavily discounted total for a camera system and data storage totaled just under $350,000 -- but substantially more than the $250,000 the department was talking about spending.\u003c/p>\n\u003cp>In August 2013, Suhr said the department \u003ca href=\"http://www.sfgate.com/crime/article/S-F-cops-will-wear-cameras-to-record-searches-4762701.php\" target=\"_blank\">would begin\u003c/a> equipping 50 plainclothes officers with wearable video cameras “within the next six weeks.”\u003c/p>\n\u003cp>In January 2014, responding to an incident in which plainclothes officers were accused of beating a teenager who had been stopped for riding his bike on the sidewalk in the Valencia Gardens housing project, Suhr said \u003ca href=\"http://www.sfgate.com/bayarea/nevius/article/S-F-police-seek-cameras-to-capture-whole-picture-4997404.php\" target=\"_blank\">the pilot program\u003c/a> was just two weeks away.\u003c/p>\n\u003cp>But despite Suhr's pledges, documents show the city was nowhere near buying the cameras the chief said it was about to deploy.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>hrough the early months of 2014, staffers in the Police Department and the city's Office of Contract Administration exchanged emails about the status of the project.\u003c/p>\n\u003cp>“Taser International has expressed a willingness to address any concerns we may have with cost, terms and conditions,” SFPD Commander Mikail Ali wrote in a March 17, 2014 email. “They have a [sic] implementation team on standby waiting to come to our city upon execution of an agreement.”\u003c/p>\n\u003cp>Ali, whom Suhr had called his \"gadget guy\" and who has since been promoted to deputy chief, oversaw planning for the pilot program through late 2014. His replacement, Commander Bob Moser, declined multiple interview requests from KQED. The Police Department provided email correspondence addressed to Moser, but no responses or any other documents written by him.\u003c/p>\n\u003cp>After no apparent movement on the purchase, Taser last September came up with a new quote -- for 165 Axon Flex cameras, support equipment, software and three years of free data storage -- that fell within the Police Department's $250,000 budget, though the department would still have to pay out of pocket for staff to administer the program.\u003c/p>\n\u003cp>SFPD agreed to that deal, and in December the city paid Taser $249,623.69. The cameras have yet to be deployed, however, as the department and Police Commission continue work on a policy to govern how the devices are to be used.\u003c/p>\n\u003cp>That policy will be crucial as the department weighs the purchase of 1,600 to 1,800 cameras to equip all of its officers. The initial price tag for a camera system is just the beginning of what the city will pay. At a Board of Supervisors hearing last October, Deputy Police Chief Sharon Ferrigno estimated the five-year cost of equipping all officers would be more than $21 million.\u003c/p>\n\u003cp>The major costs of the program include the cost of storing the massive amount of video the cameras record as well as the new personnel the department will need to handle the video.\u003c/p>\n\u003cp>The $6 million budget item Mayor Lee announced in April would cover just the first two years of the department-wide body camera program.\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">A\u003c/span>t the mayor's announcement, Suhr declined to say who would supply the cameras the department needs.\u003c/p>\n\u003cp>“We are San Francisco, so we’re going to figure out whether or not we have to go out to bid for cameras or if we can go with the cameras that we were going to use already,” Suhr said. “But we’ll do it right so there’s no question that it wasn’t done right.”\u003c/p>\n\u003cp>Avalos, who called the board hearing on the cameras last fall, says whether the department will request bids for the expected camera purchase \"shouldn't even be a question.\"\u003c/p>\n\u003cp>\"The bidding process provides the opportunity for competition,\" Avalos said, adding that issuing a request for proposals would invite any company that was interested to present their products' capabilities -- and give the city price quotes.\u003c/p>\n\u003cfigure id=\"attachment_10567258\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg\">\u003cimg class=\"size-thumbnail wp-image-10567258\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg\" alt='Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\"' width=\"400\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web-400x600.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS7248_Homelessness_Parks_29oct2013_0045_web.jpg 667w\" sizes=\"(max-width: 400px) 100vw, 400px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Supervisor John Avalos says he was alarmed to find out the police department was pursuing a no-bid contract for Taser body cameras at the same time the city was debating buying Taser \"stun guns.\" \u003ccite>(Sara Bloomberg/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>He said issuing a bid request is \"standard practice\" and that should be the process followed for this multimillion dollar purchase.\u003c/p>\n\u003cp>\"That’s a huge contract that I would not feel comfortable ever supporting without there being a competitive bid,\" Avalos said. \"But if Taser has created its own relationship and got its foot in the door ... I would be alarmed and definitely would not want to move forward with anything that appears to be a sole-source contract.\"\u003c/p>\n\u003cp>If the SFPD won't pursue another sole-source contract with Taser, as Suhr indicated Wednesday, that's a decision that was made recently.\u003c/p>\n\u003cp>Deputy Chief Ali said June 5 that it was yet to be determined whether the city would open up the bidding process, a decision that would ultimately be up to the city's Office of Contract Administration.\u003c/p>\n\u003cp>\"I won’t put the cart before the horse,\" he said. \"Those discussions are underway, and we’ll just have to see where they go.\"\u003c/p>\n\u003cp>The Office of Contract Administration did not respond to repeated requests for an interview, nor did that office respond to KQED's Public Records Act request. A representative said the office had given responsive documents to the Police Department.\u003c/p>\n\u003cp>Taser Executive Vice President Josh Isner said the decision to sole source or request bids is up to the police department and the city, and Taser is \"happy to compete in either way.\"\u003c/p>\n\u003cp>\"As a public company, we can’t say too much about ongoing negotiations and forward facing information regarding deals,\" Isner said. \"It’d be a safe assumption to say -- the fact that they already have our product -- we’re certainly hoping to win the business for more of that same product.\"\u003c/p>\n\u003cp>Suhr and other senior commanders have said that Taser's offerings can't be matched by the growing number of competing -- and often cheaper -- systems on the market.\u003c/p>\n\u003cp>Among the features the SFPD has cited are cloud storage of the massive amounts of data (which is available from other vendors) and the Taser Evidence.com system's ability to obscure portions of video images to protect the identity of witnesses.\u003c/p>\n\u003cp>Ali said that given the department's limited information technology capabilities, Taser's cloud-based digital storage system made its product the only feasible choice for the city when it was shopping for cameras.\u003c/p>\n\u003cp>\"How do we make certain that we have the most secure, economically feasible way of storing this data?\" he said. \"Axon had it. No one else had it at the time.\"\u003c/p>\n\u003cp>Ali said the department had intended to field test Vievu cameras, but lacked the technology Vievu's product required.\u003c/p>\n\u003cp>\"We did not have that capacity to even test them beyond just looking at them physically,\" he said. \"We just didn’t have the physical capacity to do it because we had no means of storing it on a server in- house.\"\u003c/p>\n\u003cp>\u003cspan style=\"font-size: 4.6875em;float: left;line-height: 0.733em;padding: 0.05em 0.1em 0 0;font-family: times, serif, georgia\">T\u003c/span>aser is one of a few leading suppliers of body-worn cameras, but its sales tactics have recently come under scrutiny.\u003c/p>\n\u003cp>An Associated Press investigation earlier this year \u003ca href=\"http://www.seattletimes.com/nation-world/body-camera-maker-has-financial-ties-to-police-chiefs-2/\" target=\"_blank\">found\u003c/a> the company has aggressively courted local police chiefs in an effort to win the same kind of deal the company pursued with San Francisco -- a no-bid contract where the competition never gets a chance to demonstrate its products or quote prices.\u003c/p>\n\u003cp>The AP's disclosures recently \u003ca href=\"http://www.seattletimes.com/nation-world/cities-review-ethics-rules-amid-ties-between-chiefs-taser/\" target=\"_blank\">prompted ethics reviews\u003c/a> in Salt Lake City and Fort Worth, Texas.\u003c/p>\n\u003cp>Taser has also come under fire for hiring recently retired police chiefs with whom it has done business. The company announced in April it \u003ca href=\"http://www.nytimes.com/aponline/2015/05/01/us/ap-us-body-cameras-police-chiefs.html?_r=0\" target=\"_blank\">would change\u003c/a> the practice after a New Mexico state audit blasted the hiring of the former police chief of Albuquerque while he was still on the city's payroll. From now on, Taser said, it will wait a year before hiring retired police officials.\u003c/p>\n\u003cp>Isner confirmed that policy, and said the company has never had any similar relationship with anyone who works or has worked for the SFPD. He said Taser does focus on major cities like San Francisco.\u003c/p>\n\u003cp>\"They represent a large portion of the policing market both in numbers and in thought leadership,\" he said, \"and San Francisco does fall into that category.\"\u003c/p>\n\u003cp>Taser has become a dominant player despite the presence of competitors who say their body camera systems match Taser's in quality while selling for a fraction of Taser's price.\u003c/p>\n\u003cp>Peter Onruang, founder of Los Angeles-based Wolfcom Enterprises, says his firm is constantly outmaneuvered by Taser, often before getting a chance to bid. He said he's hopeful San Francisco will allow Wolfcom to demonstrate its cameras, cloud-based storage system, and quote a price.\u003c/p>\n\u003cp>“You don’t know how frustrating it is to be the David versus Taser’s Goliath,” he said.\u003c/p>\n\u003cp>\u003cem>KQED's Mia Zuckerkandel and Dan Brekke contributed to this report.\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated Friday, June 19, to include responses from Taser International.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "California Labor Ruling: Uber Driver Was an Employee, Not a Contractor",
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"content": "\u003cp>\u003cem>\u003cstrong>Note: \u003c/strong>This post has been updated to clarify that a state agency's ruling applies immediately to just one Uber driver and to include a statement from the ride-service company. \u003c/em>\u003c/p>\n\u003cp>The California Labor Commission has issued a ruling (\u003ca href=\"#ubervberwick\">embedded below\u003c/a>) declaring that a San Francisco woman who drove for Uber should be classified as an employee, not an independent contractor.\u003c/p>\n\u003cp>Uber is appealing the ruling, which, if extended to other drivers, could undercut its potential profits as it continues to expand worldwide. The ride-hailing service now operates in hundreds of cities in the United States and 56 other countries. Its rapid growth has won the company more than $1 billion investment and a valuation reported at $40 billion to $50 billion.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210830052\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>The Labor Commission issued its decision earlier this month in the case of a San Francisco woman, Barbara Ann Berwick, who sued the company for back wages after driving for the service for about two months in 2014.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>In awarding Berwick $4,000 in back wages and interest, a commission hearing officer essentially dismissed Uber's argument that it's merely a platform that allows passengers to connect with drivers -- a private transaction, the company says -- and that it exerts no control over drivers' hours.\u003c/p>\n\u003cp>Hearing officer Stephanie Barrett wrote:\u003c/p>\n\u003cblockquote>\u003cp>Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to engage drivers and passengers to transact the business of transportation. The reality, however, is that defendants are involved in every aspect of the operation. Defendants vet prospective drivers, who must provide to defendants their personal banking and residence information, as well as their Social Security Number. Drivers cannot use defendants' application unless they pass defendants' background and DMV checks.\u003c/p>\u003c/blockquote>\n\u003cp>The ruling goes on to note that Uber:\u003c/p>\n\u003cul>\n\u003cli>Controls the tools its drivers use.\u003c/li>\n\u003cli>Sets prices and cancellation fees for passengers and payments to drivers.\u003c/li>\n\u003cli>Provides the smartphone app that makes the ride-service work possible.\u003c/li>\n\u003c/ul>\n\u003cp>The ruling also contains a somewhat ironic note. It cites a California Court of Appeal ruling in comparing Uber, which has railed against the evils of the taxicab industry that it is replacing, to -- yes, traditional cab companies. The cited passage, from Yellow Cab Cooperative v. Workers Compensation Appeals Board, a 1991 case:\u003c/p>\n\u003cblockquote>\u003cp>Although some of the factors in this case can be indicative of the workers being independent contractors, the overriding factor is that the persons performing the work are not engaged in occupations or businesses distinct from that of the [defendants]. Rather, their work is the basis for [defendants'] business. [Defendants] obtain the clients who are in need of delivery services and provides the workers who conduct the service on behalf of [defendants]. In addition, even though there is an absence of control over the details, an employee-employer relationship will be found if the [defendants] retain pervasive control over the operation as a whole, the worker's duties are an integral part of the operation, and the nature of the work makes detailed control unnecessary.\u003c/p>\u003c/blockquote>\n\u003cp>Reuters first reported the Labor Commission ruling and implied that it applied to all Uber drivers (for the record, so did our original post). That prompted the following statement from an Uber spokesperson:\u003c/p>\n\u003cblockquote>\u003cp>Reuters’ original headline was not accurate. The California Labor Commission’s ruling is non-binding and applies to a single driver. Indeed it is contrary to a previous ruling by the same commission, which concluded in 2012 that the driver ‘performed services as an independent contractor, and not as a bona fide employee.’ Five other states have also come to the same conclusion. It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control. The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.\u003c/p>\u003c/blockquote>\n\u003cp>The Berwick case is just one of \u003ca href=\"http://www.bloomberg.com/news/articles/2015-01-30/uber-drivers-may-have-employee-status-judge-says\" target=\"_blank\">a number of legal actions\u003c/a> launched against Uber and competitor Lyft (and \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/13/no-driver-lawsuits-wont-destroy-the-uber-for-x-business-model/\" target=\"_blank\">other \"on-demand economy\" startups\u003c/a>) over whether workers should be classified as independent contractor or employees.\u003c/p>\n\u003cp>\u003ca id=\"ubervberwick\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268947090/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_46266\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cem>\u003cstrong>Note: \u003c/strong>This post has been updated to clarify that a state agency's ruling applies immediately to just one Uber driver and to include a statement from the ride-service company. \u003c/em>\u003c/p>\n\u003cp>The California Labor Commission has issued a ruling (\u003ca href=\"#ubervberwick\">embedded below\u003c/a>) declaring that a San Francisco woman who drove for Uber should be classified as an employee, not an independent contractor.\u003c/p>\n\u003cp>Uber is appealing the ruling, which, if extended to other drivers, could undercut its potential profits as it continues to expand worldwide. The ride-hailing service now operates in hundreds of cities in the United States and 56 other countries. Its rapid growth has won the company more than $1 billion investment and a valuation reported at $40 billion to $50 billion.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210830052&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210830052'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The Labor Commission issued its decision earlier this month in the case of a San Francisco woman, Barbara Ann Berwick, who sued the company for back wages after driving for the service for about two months in 2014.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>In awarding Berwick $4,000 in back wages and interest, a commission hearing officer essentially dismissed Uber's argument that it's merely a platform that allows passengers to connect with drivers -- a private transaction, the company says -- and that it exerts no control over drivers' hours.\u003c/p>\n\u003cp>Hearing officer Stephanie Barrett wrote:\u003c/p>\n\u003cblockquote>\u003cp>Defendants hold themselves out as nothing more than a neutral technological platform, designed simply to engage drivers and passengers to transact the business of transportation. The reality, however, is that defendants are involved in every aspect of the operation. Defendants vet prospective drivers, who must provide to defendants their personal banking and residence information, as well as their Social Security Number. Drivers cannot use defendants' application unless they pass defendants' background and DMV checks.\u003c/p>\u003c/blockquote>\n\u003cp>The ruling goes on to note that Uber:\u003c/p>\n\u003cul>\n\u003cli>Controls the tools its drivers use.\u003c/li>\n\u003cli>Sets prices and cancellation fees for passengers and payments to drivers.\u003c/li>\n\u003cli>Provides the smartphone app that makes the ride-service work possible.\u003c/li>\n\u003c/ul>\n\u003cp>The ruling also contains a somewhat ironic note. It cites a California Court of Appeal ruling in comparing Uber, which has railed against the evils of the taxicab industry that it is replacing, to -- yes, traditional cab companies. The cited passage, from Yellow Cab Cooperative v. Workers Compensation Appeals Board, a 1991 case:\u003c/p>\n\u003cblockquote>\u003cp>Although some of the factors in this case can be indicative of the workers being independent contractors, the overriding factor is that the persons performing the work are not engaged in occupations or businesses distinct from that of the [defendants]. Rather, their work is the basis for [defendants'] business. [Defendants] obtain the clients who are in need of delivery services and provides the workers who conduct the service on behalf of [defendants]. In addition, even though there is an absence of control over the details, an employee-employer relationship will be found if the [defendants] retain pervasive control over the operation as a whole, the worker's duties are an integral part of the operation, and the nature of the work makes detailed control unnecessary.\u003c/p>\u003c/blockquote>\n\u003cp>Reuters first reported the Labor Commission ruling and implied that it applied to all Uber drivers (for the record, so did our original post). That prompted the following statement from an Uber spokesperson:\u003c/p>\n\u003cblockquote>\u003cp>Reuters’ original headline was not accurate. The California Labor Commission’s ruling is non-binding and applies to a single driver. Indeed it is contrary to a previous ruling by the same commission, which concluded in 2012 that the driver ‘performed services as an independent contractor, and not as a bona fide employee.’ Five other states have also come to the same conclusion. It’s important to remember that the number one reason drivers choose to use Uber is because they have complete flexibility and control. The majority of them can and do choose to earn their living from multiple sources, including other ride sharing companies.\u003c/p>\u003c/blockquote>\n\u003cp>The Berwick case is just one of \u003ca href=\"http://www.bloomberg.com/news/articles/2015-01-30/uber-drivers-may-have-employee-status-judge-says\" target=\"_blank\">a number of legal actions\u003c/a> launched against Uber and competitor Lyft (and \u003ca href=\"http://www.washingtonpost.com/blogs/wonkblog/wp/2015/03/13/no-driver-lawsuits-wont-destroy-the-uber-for-x-business-model/\" target=\"_blank\">other \"on-demand economy\" startups\u003c/a>) over whether workers should be classified as independent contractor or employees.\u003c/p>\n\u003cp>\u003ca id=\"ubervberwick\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268947090/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_46266\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>In California, a state with some of the strictest gun laws in the country, Sacramento County has become an oasis for gun owners wanting to carry their weapons in public. Thousands of residents have been issued concealed carry permits by the sheriff, Scott Jones, since he took office four years ago.\u003c/p>\n\u003cp>During his campaign, Jones promised to loosen restrictions on issuing permits to carry concealed weapons. And he followed through. Gun owners now boast on online message boards that he hands out permits “like candy.”\u003c/p>\n\u003cp>[soundcloud url=”https://api.soundcloud.com/tracks/210588771″ params=”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false” width=”100%” height=”166″ iframe=”true” /]\u003c/p>\n\u003cp>The dramatic change in Sacramento after just one election illustrates the power of local sheriffs, using their own discretion and political views, to control the number of guns carried by residents on their streets. Now, that power \u003ca href=\"http://ww2.kqed.org/news/2015/06/16/appeals-panel-hearing-challenge-to-concealed-gun-rules\">is the subject of a potential landmark lawsuit\u003c/a> that could redefine the boundaries of the Second Amendment – and the right to carry a gun in public.\u003c/p>\n\u003cp>\u003cem>\u003cstrong>\u003ca href=\"https://www.revealnews.org/article/want-to-carry-a-concealed-gun-live-in-sacramento-not-san-francisco/\">Read the full story via The Center for Investigative Reporting\u003c/a>\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\u003cp>\u003c/p>\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In California, a state with some of the strictest gun laws in the country, Sacramento County has become an oasis for gun owners wanting to carry their weapons in public. Thousands of residents have been issued concealed carry permits by the sheriff, Scott Jones, since he took office four years ago.\u003c/p>\n\u003cp>During his campaign, Jones promised to loosen restrictions on issuing permits to carry concealed weapons. And he followed through. Gun owners now boast on online message boards that he hands out permits “like candy.”\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='”100%”' height='”166″'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=”https://api.soundcloud.com/tracks/210588771″&visual=true&”color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false”'\n title='”https://api.soundcloud.com/tracks/210588771″'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The dramatic change in Sacramento after just one election illustrates the power of local sheriffs, using their own discretion and political views, to control the number of guns carried by residents on their streets. Now, that power \u003ca href=\"http://ww2.kqed.org/news/2015/06/16/appeals-panel-hearing-challenge-to-concealed-gun-rules\">is the subject of a potential landmark lawsuit\u003c/a> that could redefine the boundaries of the Second Amendment – and the right to carry a gun in public.\u003c/p>\n\u003cp>\u003cem>\u003cstrong>\u003ca href=\"https://www.revealnews.org/article/want-to-carry-a-concealed-gun-live-in-sacramento-not-san-francisco/\">Read the full story via The Center for Investigative Reporting\u003c/a>\u003c/strong>\u003c/em>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"disqusTitle": "California Supreme Court Upholds San Jose's Affordable Housing Rules",
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"content": "\u003cp>UPDATE 9/15/15: The Pacific Legal Foundation, representing the California Building Industry Association, has \u003ca href=\"http://www.pacificlegal.org/releases/release-9-15-15-CBIA-San-Jose-4-1508\" target=\"_blank\">appealed\u003c/a> \u003cem>California Building Industry Association v. City of San Jose\u003c/em> to the US Supreme Court. Legal analysts are split on whether the highest court in the land is likely to take the case.\u003c/p>\n\u003cp>In June, the California Supreme Court\u003ca href=\"http://www.courts.ca.gov/opinions/documents/S212072.PDF\" target=\"_blank\"> sided\u003c/a> with the city of San Jose in a case that could affect affordable housing rules all over the state.\u003c/p>\n\u003cp>The \u003ca href=\"https://www.cacities.org/\" target=\"_blank\">League of California Cities\u003c/a> and \u003ca href=\"http://www.counties.org/\" target=\"_blank\">California State Association of Counties\u003c/a> estimate more than 170 municipalities have some kind of ordinance on the books to tackle the fact that real estate, especially in coastal markets, has become increasingly unaffordable for many renters and would-be homeowners. Both groups backed San Jose in the case.\u003c/p>\n\u003cp>Five years ago, San Jose tried to require that all new residential developments of 20 units or more set aside 15 percent of those units for sale below the market rate. Developers could opt out of building affordable units by paying a fee. That’s pretty common, a tactic that goes by the name \"inclusionary zoning,\" but the city side-stepped the usual study showing a relationship between the development of for-sale housing and the city’s need for affordable housing.\u003c/p>\n\u003cp>\u003cstrong>San Jose Knew It Was Breaking New Ground\u003c/strong>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"We were the largest city that was applying inclusionary housing citywide,\" explains San Jose’s interim Housing Director Jacky Morales-Ferrand. \"In addition to that, we used our legislative powers to impose inclusionary on developers. What we said was that because affordable housing is such a priority of the highest order, cities should have the power to legislate this requirement.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.cbia.org/\" target=\"_blank\">California Building Industry Association\u003c/a> sued, calling the new ordinance an unconstitutional taking of property.\u003c/p>\n\u003cp>University of San Francisco law professor Tim Iglesias organized and co-wrote an amicus brief for the city of San Jose. \"Most inclusionary ordinances give developers a number of different ways to comply with the requirement. So what the opponents have done is to seize on those alternative options and say, 'Hey look: This is an exaction,' which is kind of a term of art in law that makes the city have to justify that requirement in a different, stricter way.\"\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210511868\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>A Santa Clara County judge invalidated San Jose's ordinance in 2012, referencing a case called \u003cem>\u003ca href=\"http://scocal.stanford.edu/opinion/san-remo-hotel-v-city-and-county-san-francisco-32243\" target=\"_blank\">San Remo Hotel L.P. v. City & County of San Francisco\u003c/a>, \u003c/em>but an appeals court rejected that reasoning a year later, and now the state Supreme Court has, too.\u003c/p>\n\u003cp>\u003cstrong>Court Cites \"Epic Proportions\" of Affording Housing Crisis\u003c/strong>\u003c/p>\n\u003cp>Noting the state's well-established scarcity of affordable housing, the ruling says: \"These problems have become more severe and have reached what might be described as epic proportions in many of the state's localities.\" The court goes on to note: \"The Court of Appeal held that the appropriate legal standard by which the validity of the ordinance is to be judged is the ordinary standard that past California decisions have uniformly applied.\"\u003c/p>\n\u003cp>The court wrote the conditions imposed by the San Jose ordinance did not constitute \"exactions\" that would bring the US or state constitutions into play. In addition, the court said enforcing those limits to address the city's affordable housing problem was \"constitutionally legitimate.\"\u003c/p>\n\u003cp>In a statement, San Jose Mayor Sam Liccardo wrote: \"I only regret that it required a Supreme Court ruling to uphold the ordinance, because we could have had the benefit of several years of implementation of this important tool.\"\u003c/p>\n\u003cp>Iglesias and Jacky Morales-Ferrand say the next step for cities and affordable housing advocates is to head to the state Legislature to allow for more expansive inclusionary zoning measures to be applied to rental housing as well as new units for sale.\u003c/p>\n\u003cp>So does the California Building Industry Association intend to appeal? Anthony Francois is a senior staff attorney at the \u003ca href=\"http://www.pacificlegal.org/\" target=\"_blank\">Pacific Legal Foundation\u003c/a>, which is representing the plaintiff. \"All options are under consideration,\" he says.\u003c/p>\n\u003cp>\"We think it's a very disappointing decision from the standpoint of property rights,\" Francois adds. \"The ruling allows local governments to impose financial penalties on anyone who provides new housing, and unfortunately, we believe that can only deter efforts by builders to ease the state's housing shortage.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The case is CALIFORNIA BUILDING INDUSTRY ASSOCIATION v. CITY OF SAN JOSE et al. (AFFORDABLE HOUSING NETWORK OF SANTA CLARA COUNTY et al.) \u003ca href=\"http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2051066&doc_no=S212072\" target=\"_blank\">S212072 \u003c/a>(H038563; Santa Clara County Superior Court – CV167289)\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"We were the largest city that was applying inclusionary housing citywide,\" explains San Jose’s interim Housing Director Jacky Morales-Ferrand. \"In addition to that, we used our legislative powers to impose inclusionary on developers. What we said was that because affordable housing is such a priority of the highest order, cities should have the power to legislate this requirement.\"\u003c/p>\n\u003cp>The \u003ca href=\"http://www.cbia.org/\" target=\"_blank\">California Building Industry Association\u003c/a> sued, calling the new ordinance an unconstitutional taking of property.\u003c/p>\n\u003cp>University of San Francisco law professor Tim Iglesias organized and co-wrote an amicus brief for the city of San Jose. \"Most inclusionary ordinances give developers a number of different ways to comply with the requirement. So what the opponents have done is to seize on those alternative options and say, 'Hey look: This is an exaction,' which is kind of a term of art in law that makes the city have to justify that requirement in a different, stricter way.\"\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210511868&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210511868'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>A Santa Clara County judge invalidated San Jose's ordinance in 2012, referencing a case called \u003cem>\u003ca href=\"http://scocal.stanford.edu/opinion/san-remo-hotel-v-city-and-county-san-francisco-32243\" target=\"_blank\">San Remo Hotel L.P. v. City & County of San Francisco\u003c/a>, \u003c/em>but an appeals court rejected that reasoning a year later, and now the state Supreme Court has, too.\u003c/p>\n\u003cp>\u003cstrong>Court Cites \"Epic Proportions\" of Affording Housing Crisis\u003c/strong>\u003c/p>\n\u003cp>Noting the state's well-established scarcity of affordable housing, the ruling says: \"These problems have become more severe and have reached what might be described as epic proportions in many of the state's localities.\" The court goes on to note: \"The Court of Appeal held that the appropriate legal standard by which the validity of the ordinance is to be judged is the ordinary standard that past California decisions have uniformly applied.\"\u003c/p>\n\u003cp>The court wrote the conditions imposed by the San Jose ordinance did not constitute \"exactions\" that would bring the US or state constitutions into play. In addition, the court said enforcing those limits to address the city's affordable housing problem was \"constitutionally legitimate.\"\u003c/p>\n\u003cp>In a statement, San Jose Mayor Sam Liccardo wrote: \"I only regret that it required a Supreme Court ruling to uphold the ordinance, because we could have had the benefit of several years of implementation of this important tool.\"\u003c/p>\n\u003cp>Iglesias and Jacky Morales-Ferrand say the next step for cities and affordable housing advocates is to head to the state Legislature to allow for more expansive inclusionary zoning measures to be applied to rental housing as well as new units for sale.\u003c/p>\n\u003cp>So does the California Building Industry Association intend to appeal? Anthony Francois is a senior staff attorney at the \u003ca href=\"http://www.pacificlegal.org/\" target=\"_blank\">Pacific Legal Foundation\u003c/a>, which is representing the plaintiff. \"All options are under consideration,\" he says.\u003c/p>\n\u003cp>\"We think it's a very disappointing decision from the standpoint of property rights,\" Francois adds. \"The ruling allows local governments to impose financial penalties on anyone who provides new housing, and unfortunately, we believe that can only deter efforts by builders to ease the state's housing shortage.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>The case is CALIFORNIA BUILDING INDUSTRY ASSOCIATION v. CITY OF SAN JOSE et al. (AFFORDABLE HOUSING NETWORK OF SANTA CLARA COUNTY et al.) \u003ca href=\"http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2051066&doc_no=S212072\" target=\"_blank\">S212072 \u003c/a>(H038563; Santa Clara County Superior Court – CV167289)\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Berkeley Cops' Protest Tactic: 'Get'um Running!'",
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"content": "\u003cp>\u003cstrong>Updated 1:30 p.m. Thursday\u003c/strong>\u003c/p>\n\u003cp>\"Get'um [sic] running!\"\u003c/p>\n\u003cp>That's one of the directives Berkeley police commanders gave officers before a protest march last December that led to repeated confrontations between officers and demonstrators.\u003c/p>\n\u003cp>Berkeley Police Chief Michael Meehan delivered \u003ca href=\"http://www.cityofberkeley.info/Police/Response-To-Civil-Unrest/index.html\" target=\"_blank\">a report\u003c/a> on his department's handling of the protests to the city's police watchdog commission Wednesday night.\u003c/p>\n\u003cp>Before the meeting, the head of the Police Review Commission said the body would seek an explanation of what he called an \"extremely unfortunate\" choice of words.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>George Perezvelez, acting chair of the Berkeley Police Review Commission, said he and other panel members will ask Meehan about the directive, \u003ca href=\"http://www.dailycal.org/2015/06/07/documents-show-police-briefed-to-getum-running-when-encountering-protesters-in-december/\" target=\"_blank\">first reported\u003c/a> Monday in The Daily Californian.\u003c/p>\n\u003cp>[contextly_sidebar id=\"6gYgCVEtDRgGrf6jMbLMYvWymJVlLIMt\"]\u003c/p>\n\u003cp>“It’s an unfortunate use of words. If the intent was, as the quote is, to 'get them running,' that is not the proper way to handle any demonstration in the city of Berkeley,” Perezvelez said Tuesday.\u003c/p>\n\u003cp>He said a better approach would have been to \"keep [protesters] moving, keep them safe, keep them on the streets, make sure they’re safe, make sure the demonstration keeps moving through the city. ... The usage of the words ‘get them running’ gives a much different perspective and definition to the action, and is extremely unfortunate.”\u003c/p>\n\u003cp>Berkeley police spokeswoman Jenn Coats wrote in an email Thursday that the \"get'um running\" statement from notes delivered to officers at a pre-event briefing was a \"talking point.\"\u003c/p>\n\u003cp>\"It references helping spread out those groups to be able to better identify specific individuals that were committing crimes,\" she wrote.\u003c/p>\n\u003cp>The department posted its own report on the December unrest on Tuesday. The document's conclusion says, in part:\u003c/p>\n\u003cblockquote>\u003cp>The commanders and officers attempted to do their best to stem the violence and lawlessness that arose during the protests and were not fully satisfied with the outcome. We have no way of knowing what would have happened had the Department applied different strategies and tactics. The Department did many things right over the course of the protests and riots. Through this process we identified many opportunities for improvement. Leaders in the department were instrumental in this process by offering candid critiques, feedback and recommendations. This review's recommendations will serve to positively impact similar future operations.\u003c/p>\u003c/blockquote>\n\u003cp>Meehan \u003ca href=\"http://www.documentcloud.org/documents/2094497-general-emails.html#document/p1/a222074\" target=\"_blank\">has praised\u003c/a> officers' \"professionalism, patience and courage\" in the face of what he characterized as an attack on police headquarters on the first night of the protests -- Dec. 6, 2014 -- and in responding to widespread vandalism the following night. Protest organizers \u003ca href=\"http://ww2.kqed.org/news/2014/12/08/berkeley-mayor-better-communications-needed-with-protesters\" target=\"_blank\">criticized police\u003c/a> for what they called an aggressive response that included batons, tear gas and the use of “less-lethal” munitions such as rubber bullets or beanbags.\u003c/p>\n\u003cp>The protests were called in response to police violence in Ferguson, Missouri, New York City and elsewhere.\u003c/p>\n\u003cp>The Daily Cal, UC Berkeley's independent, student-run paper, obtained the department documents from the Police Review Commission.\u003c/p>\n\u003cp>In \"\u003ca href=\"http://www.documentcloud.org/documents/2094496-incident-action-plans.html\" target=\"_blank\">briefing notes\u003c/a>\" presented to department members in the hours before the first evening of protest, officers \u003ca href=\"http://www.documentcloud.org/documents/2094496-incident-action-plans.html#document/p1/a222076\" target=\"_blank\">were advised\u003c/a> that in handling demonstrators they should aim to, \"Get'um running! Stretch the crowd out so they are not a mass, but individuals.\"\u003c/p>\n\u003cp>At the same time, officers were advised, \"Hardcore agitators will split up and cause multiple problems. Rapid response to these individuals is critical.\"\u003c/p>\n\u003cp>In the event, what had been a vocal but peaceful protest turned into something of a melee once marchers arrived at Berkeley's Public Safety Building, where police were massed. Police accounts -- backed up by \u003ca href=\"https://youtu.be/rzIr12CmhnA\" target=\"_blank\">a video\u003c/a> included in the Berkeley police report -- say bricks and other objects were thrown, and officers responded in short order with tear gas. That set off a long evening of confrontation, complete with repeated volleys of smoke canisters, tear gas and \"less-lethal\" munitions fired as police moved a crowd of several hundred people south along Telegraph Avenue toward Oakland.\u003c/p>\n\u003cp>The Daily Cal's story discloses that Berkeley police came close to exhausting their supply of gas and crowd-control munitions the first night of the protests. The paper published \u003ca href=\"http://www.documentcloud.org/documents/2094495-mutual-aid-emails.html#document/p1/a222080\" target=\"_blank\">an email\u003c/a> from Berkeley police Lt. Dave Frankel requesting supplies of tear gas and less-lethal rounds from nearby law enforcement agencies.\u003c/p>\n\u003cp>Frankel specifically asked for any \"40 mm less lethal rounds, 40 mm CS gas rounds, and hand deployable CS grenades.\" The term \"CS\" refers to the active chemical ingredient in tear gas.\u003c/p>\n\u003cp>KQED asked the department how many \"less-lethal\" rounds, gas rounds and grenades were used on Dec. 6.\u003c/p>\n\u003cp>Berkeley PD spokeswoman Jenn Coats wrote the department's best guess is \"several dozen.\"\u003c/p>\n\u003cp>\"We don’t have an exact number,\" she wrote. \"One of the recommendations in the report is for better inventory keeping. This was recognized during the protests and changes were implemented.\"\u003c/p>\n\u003cp>Berkeleyside got a somewhat more refined number from Wednesday night's Police Review Commission meeting.\u003c/p>\n\u003cp>https://twitter.com/berkeleyside/status/608862180637696002\u003c/p>\n\u003cp>Perezvelez of the Police Review Commission said his review of documents and video from the protests suggests the department's rules for handling protests need to be improved.\u003c/p>\n\u003cp>“We think that the general orders are operationally adequate and they’re legally adequate, and they are in accordance to federal and state law,\" Perezvelez said. \"But they are not broad enough to include the nuances of crowd control and the nuances of use of force.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Note: This post has been revised to incorporate comments and material from the Berkeley Police Review Commission and Berkeley Police Department.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 1:30 p.m. Thursday\u003c/strong>\u003c/p>\n\u003cp>\"Get'um [sic] running!\"\u003c/p>\n\u003cp>That's one of the directives Berkeley police commanders gave officers before a protest march last December that led to repeated confrontations between officers and demonstrators.\u003c/p>\n\u003cp>Berkeley Police Chief Michael Meehan delivered \u003ca href=\"http://www.cityofberkeley.info/Police/Response-To-Civil-Unrest/index.html\" target=\"_blank\">a report\u003c/a> on his department's handling of the protests to the city's police watchdog commission Wednesday night.\u003c/p>\n\u003cp>Before the meeting, the head of the Police Review Commission said the body would seek an explanation of what he called an \"extremely unfortunate\" choice of words.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>George Perezvelez, acting chair of the Berkeley Police Review Commission, said he and other panel members will ask Meehan about the directive, \u003ca href=\"http://www.dailycal.org/2015/06/07/documents-show-police-briefed-to-getum-running-when-encountering-protesters-in-december/\" target=\"_blank\">first reported\u003c/a> Monday in The Daily Californian.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>“It’s an unfortunate use of words. If the intent was, as the quote is, to 'get them running,' that is not the proper way to handle any demonstration in the city of Berkeley,” Perezvelez said Tuesday.\u003c/p>\n\u003cp>He said a better approach would have been to \"keep [protesters] moving, keep them safe, keep them on the streets, make sure they’re safe, make sure the demonstration keeps moving through the city. ... The usage of the words ‘get them running’ gives a much different perspective and definition to the action, and is extremely unfortunate.”\u003c/p>\n\u003cp>Berkeley police spokeswoman Jenn Coats wrote in an email Thursday that the \"get'um running\" statement from notes delivered to officers at a pre-event briefing was a \"talking point.\"\u003c/p>\n\u003cp>\"It references helping spread out those groups to be able to better identify specific individuals that were committing crimes,\" she wrote.\u003c/p>\n\u003cp>The department posted its own report on the December unrest on Tuesday. The document's conclusion says, in part:\u003c/p>\n\u003cblockquote>\u003cp>The commanders and officers attempted to do their best to stem the violence and lawlessness that arose during the protests and were not fully satisfied with the outcome. We have no way of knowing what would have happened had the Department applied different strategies and tactics. The Department did many things right over the course of the protests and riots. Through this process we identified many opportunities for improvement. Leaders in the department were instrumental in this process by offering candid critiques, feedback and recommendations. This review's recommendations will serve to positively impact similar future operations.\u003c/p>\u003c/blockquote>\n\u003cp>Meehan \u003ca href=\"http://www.documentcloud.org/documents/2094497-general-emails.html#document/p1/a222074\" target=\"_blank\">has praised\u003c/a> officers' \"professionalism, patience and courage\" in the face of what he characterized as an attack on police headquarters on the first night of the protests -- Dec. 6, 2014 -- and in responding to widespread vandalism the following night. Protest organizers \u003ca href=\"http://ww2.kqed.org/news/2014/12/08/berkeley-mayor-better-communications-needed-with-protesters\" target=\"_blank\">criticized police\u003c/a> for what they called an aggressive response that included batons, tear gas and the use of “less-lethal” munitions such as rubber bullets or beanbags.\u003c/p>\n\u003cp>The protests were called in response to police violence in Ferguson, Missouri, New York City and elsewhere.\u003c/p>\n\u003cp>The Daily Cal, UC Berkeley's independent, student-run paper, obtained the department documents from the Police Review Commission.\u003c/p>\n\u003cp>In \"\u003ca href=\"http://www.documentcloud.org/documents/2094496-incident-action-plans.html\" target=\"_blank\">briefing notes\u003c/a>\" presented to department members in the hours before the first evening of protest, officers \u003ca href=\"http://www.documentcloud.org/documents/2094496-incident-action-plans.html#document/p1/a222076\" target=\"_blank\">were advised\u003c/a> that in handling demonstrators they should aim to, \"Get'um running! Stretch the crowd out so they are not a mass, but individuals.\"\u003c/p>\n\u003cp>At the same time, officers were advised, \"Hardcore agitators will split up and cause multiple problems. Rapid response to these individuals is critical.\"\u003c/p>\n\u003cp>In the event, what had been a vocal but peaceful protest turned into something of a melee once marchers arrived at Berkeley's Public Safety Building, where police were massed. Police accounts -- backed up by \u003ca href=\"https://youtu.be/rzIr12CmhnA\" target=\"_blank\">a video\u003c/a> included in the Berkeley police report -- say bricks and other objects were thrown, and officers responded in short order with tear gas. That set off a long evening of confrontation, complete with repeated volleys of smoke canisters, tear gas and \"less-lethal\" munitions fired as police moved a crowd of several hundred people south along Telegraph Avenue toward Oakland.\u003c/p>\n\u003cp>The Daily Cal's story discloses that Berkeley police came close to exhausting their supply of gas and crowd-control munitions the first night of the protests. The paper published \u003ca href=\"http://www.documentcloud.org/documents/2094495-mutual-aid-emails.html#document/p1/a222080\" target=\"_blank\">an email\u003c/a> from Berkeley police Lt. Dave Frankel requesting supplies of tear gas and less-lethal rounds from nearby law enforcement agencies.\u003c/p>\n\u003cp>Frankel specifically asked for any \"40 mm less lethal rounds, 40 mm CS gas rounds, and hand deployable CS grenades.\" The term \"CS\" refers to the active chemical ingredient in tear gas.\u003c/p>\n\u003cp>KQED asked the department how many \"less-lethal\" rounds, gas rounds and grenades were used on Dec. 6.\u003c/p>\n\u003cp>Berkeley PD spokeswoman Jenn Coats wrote the department's best guess is \"several dozen.\"\u003c/p>\n\u003cp>\"We don’t have an exact number,\" she wrote. \"One of the recommendations in the report is for better inventory keeping. This was recognized during the protests and changes were implemented.\"\u003c/p>\n\u003cp>Berkeleyside got a somewhat more refined number from Wednesday night's Police Review Commission meeting.\u003c/p>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\n\u003cp>Perezvelez of the Police Review Commission said his review of documents and video from the protests suggests the department's rules for handling protests need to be improved.\u003c/p>\n\u003cp>“We think that the general orders are operationally adequate and they’re legally adequate, and they are in accordance to federal and state law,\" Perezvelez said. \"But they are not broad enough to include the nuances of crowd control and the nuances of use of force.”\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>Note: This post has been revised to incorporate comments and material from the Berkeley Police Review Commission and Berkeley Police Department.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "A Lot of Guns on the Table: SFPD Makes Big Bust in 'Letterman' Case",
"title": "A Lot of Guns on the Table: SFPD Makes Big Bust in 'Letterman' Case",
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"content": "\u003cp>San Francisco Police Department sergeants Martin Bandvik and Tigran Antonian thought they'd find a handgun at the end of a two-month robbery investigation that led them to a house on the 100 block of Nursery Way in South San Francisco.\u003c/p>\n\u003cp>But on June 3, when the sergeants served a search warrant on the house with the San Mateo North County Regional SWAT Team, they found a whole lot more: 22 assault weapons, 12 handguns, two bolt action rifles, two shotguns, hand grenades, bomb making materials, and some 5,000 rounds of ammunition.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These are the types of guns that Bayview officers seize off the street every day. Where do these guns come from? I think this may be a potential source.'\u003ccite>Bill Braconi, SFPD Lieutenant\u003c/cite>\u003c/aside>\n\u003cp>\"We had no idea it was going to be a cache this big,\" Bandvik said. \"It makes me feel very good. We’re on the street every day in the Bayview, and our brothers and sisters in the Bayview Police Station that are out there -- these are guns that they’re not going to have to deal with now on the street.\"\u003c/p>\n\u003cp>Bandvik and Antonian started tracking the case on April 22, after the first in a series of four robberies in San Francisco's Bayview, Ingleside and Marina districts.\u003c/p>\n\u003cp>\"One guy came in with a letterman jacket on and did the robbery,\" Bandvik said of the incident at a Bayview gas station. \"The second guy was in the getaway car. We were able to get some information on that through surveillance video.\"\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>Two days later, the letterman jacket showed up again, this time at a Walgreens robbery in the Marina. Two more robberies followed back in San Francisco's southeastern neighborhoods, on May 17 and 19.\u003c/p>\n\u003cp>On May 24, \"some very vigilant, sharp-eyed\" Bayview patrol officers spotted 56-year-old Homer Mathews and his letterman jacket on Third Street, Bandvik said, and they arrested him.\u003c/p>\n\u003cp>Then a Northern Station officer contacted Bayview investigators with information tying the getaway vehicle description to a second suspect, 31-year-old Austen Chin.\u003c/p>\n\u003cfigure id=\"attachment_10558274\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15438_IMG_2058-qut.jpg\">\u003cimg class=\"size-medium wp-image-10558274\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-800x600.jpg\" alt=\"San Francisco Police Department Chief Greg Suhr addresses reporters June 10 about a large gun and explosives seizure a week before.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Department Chief Greg Suhr addresses reporters June 10 about a large gun and explosives seizure a week before. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"That’s when we served the search warrant in South San Francisco,\" Bandvik said. \"He was arrested and the weapons were found.\"\u003c/p>\n\u003cp>SFPD Lt. Bill Braconi said the guns appeared destined for sale in the Bayview.\u003c/p>\n\u003cp>\"Some of the information that we uncovered in the residence indicates that many of these weapons were offered for sale,\" he said, \"and based on information I can’t divulge at this time, it indicates that some of the recipients of these weapons may have been from the Bayview District.\"\u003c/p>\n\u003cp>He also said MK105 rounds, military-grade ammunition, was recovered in the search.\u003c/p>\n\u003cp>\"They’re about a 10-inch long shell that’s used in a small cannon,\" he said.\u003c/p>\n\u003cp>Braconi said police don't yet know the intentions surrounding the military weapons or explosives, but he said there's nothing to indicate a connection to a terrorist plot.\u003c/p>\n\u003cp>Crime statistics from \u003ca href=\"https://data.sfgov.org/data?category=Public%20Safety\" target=\"_blank\">SF OpenData\u003c/a> show 169 weapons-related arrests in the Bayview District since this time last year. San Francisco Police Chief Greg Suhr said the department's focus on seizing weapons has had an impact on violent crime.\u003c/p>\n\u003cp>\"We think that that’s a large part of the reason why -- although any homicide is one too many -- homicides are basically half of what they were in the mid-2000s,\" he said. \"Gun violence is also down about 50 percent now from what it was in say 2007, 2008. Certainly getting this kind of firepower off the street -- the potential for this kind of weaponry, I can’t imagine.\"\u003c/p>\n\u003cp>Braconi said assault weapons are often part of \"gun fights that very frequently, all too often ensue in the Bayview.\"\u003c/p>\n\u003cp>\"These are the types of guns that Bayview officers seize off the street every day,\" he said. \"Where do these guns come from? I think this may be a potential source.\"\u003c/p>\n\u003cfigure id=\"attachment_10558276\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15442_IMG_2040-qut.jpg\">\u003cimg class=\"size-medium wp-image-10558276\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-800x600.jpg\" alt=\"Some of the weaponry San Francisco Police Department investigators seized after serving a search warrant in South San Francisco June 3.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Some of the weaponry San Francisco Police Department investigators seized after serving a search warrant in South San Francisco June 3. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Police said at least one robbery suspect is still on the loose, and their investigation continues.\u003c/p>\n\u003cp>Both Mathews and Chin were booked in San Francisco County Jail on felony robbery charges. Mathews was booked on robbery and conspiracy to commit robbery; Chin was booked on robbery and kidnapping for the purpose of robbery. The more serious charges stemmed from the fourth robbery, which appeared to involve an unidentified suspect and Chin, but not Mathews, Bandvik said. He said suspects approached grocery store owners in Ingleside outside their store and forced them inside for the robbery.\u003c/p>\n\u003cp>Police are coordinating with the San Mateo County district attorney and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives on the weapons charges. It has not yet been determined whether Chin and Mathews will be charged federally, Braconi said.\u003c/p>\n\u003cp>Sgt. Tigran Antonian, who worked the case with Bandvik under Braconi's supervision, said he was shocked to find the weapons stash.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It was a good case, good bust,\" he said. \"We’re happy to have all these guns off the street.\"\u003c/p>\n\n",
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"excerpt": "Chief, Bayview brass say huge seizure could slow weapons traffic in neighborhood known for gun crime.",
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"title": "A Lot of Guns on the Table: SFPD Makes Big Bust in 'Letterman' Case | KQED",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>San Francisco Police Department sergeants Martin Bandvik and Tigran Antonian thought they'd find a handgun at the end of a two-month robbery investigation that led them to a house on the 100 block of Nursery Way in South San Francisco.\u003c/p>\n\u003cp>But on June 3, when the sergeants served a search warrant on the house with the San Mateo North County Regional SWAT Team, they found a whole lot more: 22 assault weapons, 12 handguns, two bolt action rifles, two shotguns, hand grenades, bomb making materials, and some 5,000 rounds of ammunition.\u003c/p>\n\u003caside class=\"pullquote alignright\">'These are the types of guns that Bayview officers seize off the street every day. Where do these guns come from? I think this may be a potential source.'\u003ccite>Bill Braconi, SFPD Lieutenant\u003c/cite>\u003c/aside>\n\u003cp>\"We had no idea it was going to be a cache this big,\" Bandvik said. \"It makes me feel very good. We’re on the street every day in the Bayview, and our brothers and sisters in the Bayview Police Station that are out there -- these are guns that they’re not going to have to deal with now on the street.\"\u003c/p>\n\u003cp>Bandvik and Antonian started tracking the case on April 22, after the first in a series of four robberies in San Francisco's Bayview, Ingleside and Marina districts.\u003c/p>\n\u003cp>\"One guy came in with a letterman jacket on and did the robbery,\" Bandvik said of the incident at a Bayview gas station. \"The second guy was in the getaway car. We were able to get some information on that through surveillance video.\"\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>Two days later, the letterman jacket showed up again, this time at a Walgreens robbery in the Marina. Two more robberies followed back in San Francisco's southeastern neighborhoods, on May 17 and 19.\u003c/p>\n\u003cp>On May 24, \"some very vigilant, sharp-eyed\" Bayview patrol officers spotted 56-year-old Homer Mathews and his letterman jacket on Third Street, Bandvik said, and they arrested him.\u003c/p>\n\u003cp>Then a Northern Station officer contacted Bayview investigators with information tying the getaway vehicle description to a second suspect, 31-year-old Austen Chin.\u003c/p>\n\u003cfigure id=\"attachment_10558274\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15438_IMG_2058-qut.jpg\">\u003cimg class=\"size-medium wp-image-10558274\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-800x600.jpg\" alt=\"San Francisco Police Department Chief Greg Suhr addresses reporters June 10 about a large gun and explosives seizure a week before.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15438_IMG_2058-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">San Francisco Police Department Chief Greg Suhr addresses reporters June 10 about a large gun and explosives seizure a week before. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"That’s when we served the search warrant in South San Francisco,\" Bandvik said. \"He was arrested and the weapons were found.\"\u003c/p>\n\u003cp>SFPD Lt. Bill Braconi said the guns appeared destined for sale in the Bayview.\u003c/p>\n\u003cp>\"Some of the information that we uncovered in the residence indicates that many of these weapons were offered for sale,\" he said, \"and based on information I can’t divulge at this time, it indicates that some of the recipients of these weapons may have been from the Bayview District.\"\u003c/p>\n\u003cp>He also said MK105 rounds, military-grade ammunition, was recovered in the search.\u003c/p>\n\u003cp>\"They’re about a 10-inch long shell that’s used in a small cannon,\" he said.\u003c/p>\n\u003cp>Braconi said police don't yet know the intentions surrounding the military weapons or explosives, but he said there's nothing to indicate a connection to a terrorist plot.\u003c/p>\n\u003cp>Crime statistics from \u003ca href=\"https://data.sfgov.org/data?category=Public%20Safety\" target=\"_blank\">SF OpenData\u003c/a> show 169 weapons-related arrests in the Bayview District since this time last year. San Francisco Police Chief Greg Suhr said the department's focus on seizing weapons has had an impact on violent crime.\u003c/p>\n\u003cp>\"We think that that’s a large part of the reason why -- although any homicide is one too many -- homicides are basically half of what they were in the mid-2000s,\" he said. \"Gun violence is also down about 50 percent now from what it was in say 2007, 2008. Certainly getting this kind of firepower off the street -- the potential for this kind of weaponry, I can’t imagine.\"\u003c/p>\n\u003cp>Braconi said assault weapons are often part of \"gun fights that very frequently, all too often ensue in the Bayview.\"\u003c/p>\n\u003cp>\"These are the types of guns that Bayview officers seize off the street every day,\" he said. \"Where do these guns come from? I think this may be a potential source.\"\u003c/p>\n\u003cfigure id=\"attachment_10558276\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15442_IMG_2040-qut.jpg\">\u003cimg class=\"size-medium wp-image-10558276\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-800x600.jpg\" alt=\"Some of the weaponry San Francisco Police Department investigators seized after serving a search warrant in South San Francisco June 3.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15442_IMG_2040-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Some of the weaponry San Francisco Police Department investigators seized after serving a search warrant in South San Francisco June 3. \u003ccite>(Alex Emslie/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Police said at least one robbery suspect is still on the loose, and their investigation continues.\u003c/p>\n\u003cp>Both Mathews and Chin were booked in San Francisco County Jail on felony robbery charges. Mathews was booked on robbery and conspiracy to commit robbery; Chin was booked on robbery and kidnapping for the purpose of robbery. The more serious charges stemmed from the fourth robbery, which appeared to involve an unidentified suspect and Chin, but not Mathews, Bandvik said. He said suspects approached grocery store owners in Ingleside outside their store and forced them inside for the robbery.\u003c/p>\n\u003cp>Police are coordinating with the San Mateo County district attorney and the federal Bureau of Alcohol, Tobacco, Firearms and Explosives on the weapons charges. It has not yet been determined whether Chin and Mathews will be charged federally, Braconi said.\u003c/p>\n\u003cp>Sgt. Tigran Antonian, who worked the case with Bandvik under Braconi's supervision, said he was shocked to find the weapons stash.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\"It was a good case, good bust,\" he said. \"We’re happy to have all these guns off the street.\"\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "Undocumented UC Students May Find Paths to Citizenship With New Legal Aid",
"title": "Undocumented UC Students May Find Paths to Citizenship With New Legal Aid",
"headTitle": "The California Report | KQED News",
"content": "\u003cp>At their weekly meeting, the University of California's brand-new immigration attorneys share notes on how to reach the estimated 2,000 UC students who either lack legal immigration documents or have only temporary protection from deportation.\u003c/p>\n\u003cp>\"I sent out an email to my student listserv with a message in caps and bold like, 'If your DACA is going to expire anytime in the summer or fall ... please let me know ASAP,'\" says attorney Habiba Simjee, who is participating in the meeting by phone from UC Santa Barbara. She's referring to \u003ca href=\"http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca\">Deferred Action for Childhood Arrivals\u003c/a>, a two-year protection for young people who came to the United States illegally as children.\u003c/p>\n\u003cp>[soundcloud url=\"https://api.soundcloud.com/tracks/210418999\" params=\"color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false\" width=\"100%\" height=\"166\" iframe=\"true\" /]\u003c/p>\n\u003cp>The University of California is the first public university in the country to start a legal center on this level, with full-time attorneys to provide legal aid to undocumented students and their families.\u003c/p>\n\u003cfigure id=\"attachment_10552227\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/AB-540-center.jpg\">\u003cimg class=\"size-medium wp-image-10552227\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/AB-540-center-800x600.jpg\" alt=\"UC Davis is also home to an undocumented student center. Pictured here is office coordinator Aurora Garcia.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Davis is also home to an undocumented student center. Pictured here is office coordinator Aurora Garcia. \u003ccite>(Zaidee Stavely/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The UC Undocumented Legal Services Center is based at the \u003ca href=\"https://law.ucdavis.edu/\">UC Davis School of Law\u003c/a>, but the attorneys see students at six other campuses, specifically those that don't have their own law schools: Santa Cruz, Riverside, Merced, San Diego, Santa Barbara and San Francisco.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The attorneys say they've helped more than 100 students since the center opened in November.\u003c/p>\n\u003cp>Some students need guidance to apply for the DACA program or renew it. Many students who already have that protection are seeking special permission to leave the country in order to study abroad.\u003c/p>\n\u003cp>UC San Diego ethnic studies and public health student Alexis Buz was one of them. He applied to go to Vietnam for a five-week course this summer.\u003c/p>\n\u003cfigure id=\"attachment_10547153\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut.jpg\">\u003cimg class=\"size-medium wp-image-10547153\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut-800x450.jpg\" alt=\"UCSD student Alexis Buz got legal help from attorneys to apply to leave the country to study public health this summer in Vietnam.\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut-400x225.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UCSD student Alexis Buz got legal help from attorneys to apply to leave the country to study public health this summer in Vietnam. \u003ccite>(Courtesy of Alexis Buz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I'll also be researching and learning at a clinic that treats children in Vietnam who were born with defects due to exposure to Agent Orange,\" says Buz. \"Ultimately, this will also give me the patient exposure, the knowledge and the cultural competency for when I want to apply for medical school.\"\u003c/p>\n\u003cp>Buz was born in Mexico, but he's been in the U.S. since he was 2. He says the free legal help from the Undocumented Legal Services Center went beyond his foreign study program. Perhaps even more importantly, the attorney who met with Buz in San Diego asked him a lot of questions about his family history.\u003c/p>\n\u003cp>\"As we were discussing my family's dynamic, there were several things I realized and we realized,\" says Buz. \"There would be a way for me to get an adjustment of status, which means I can probably, if things work out, get residency in the next few years.\"\u003c/p>\n\u003cp>This is a huge deal. Most undocumented immigrants in the U.S. don't have a pathway to permanent legalization under current law. But as many as one in four young people can find a way -- if they're able to meet with an attorney, says legal center director Maria Blanco.\u003c/p>\n\u003cp>\"There's a potential there that doesn't get uncovered unless you really screen carefully,\" says Blanco.\u003c/p>\n\u003cp>One of those potentials is a \u003ca href=\"http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status\">U visa, for victims of violent crime\u003c/a> who cooperate with police.\u003c/p>\n\u003cfigure id=\"attachment_10547092\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut.jpg\">\u003cimg class=\"size-medium wp-image-10547092\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-800x600.jpg\" alt=\"Maria Blanco is the executive director of the UC Undocumented Legal Services Center.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Maria Blanco is the executive director of the UC Undocumented Legal Services Center. \u003ccite>(Zaidee Stavely/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"We were surprised how many of our students were victims of violent crimes,\" says Blanco. \"[But] a lot of students come from high-crime neighborhoods, which makes sense when you think about it.\"\u003c/p>\n\u003cp>The UC lawyers can also help students' parents, brothers and sisters with immigration matters. Blanco says the idea behind the legal services is to help undocumented students -- and those with undocumented family members -- to stay in school.\u003c/p>\n\u003cp>\"When you help them emotionally, they do better academically as well,\" she says. \"Just the stress of being in fear of their deportation, but also their families being at risk. Because of the stress, the students often stop and start. They drop out, then they come back. And some don't come back.\"\u003c/p>\n\u003cp>Not everyone agrees with the center's work. Student Claire Chiara is director of the \u003ca href=\"http://www.berkeleycollegerepublicans.com/\">UC Berkeley College Republicans\u003c/a>. She says if the university is going to provide legal services, they should be for all students.\u003c/p>\n\u003cp>\"Students could get legal help for anything ranging from, my gosh, a divorce they're going through, to fighting any form of trial they might appear in,\" says Chiara. \"So I think this legal aid for undocumented students is really an issue because it doesn't represent the entire student body.\"\u003c/p>\n\u003cp>UC President Janet Napolitano disagrees.\u003c/p>\n\u003cp>\"Our undocumented students are in a special place, a unique place,\" says Napolitano. She funded the legal center as part of a $5 million investment to support undocumented students. The money is from the President's Initiative Fund, which she is allowed to use to address needs around the UC system.\u003c/p>\n\u003cp>\"It's the public policy of the state of California that they pay in-state tuition, that they qualify for financial aid. All we are doing is recognizing they are a special population,\" says Napolitano. \"They have high needs. So if these students are going to be part of the UC family, and they are … why not also do what we can to provide legal services?\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Napolitano says she wants universities in other states to follow the University of California's lead.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>At their weekly meeting, the University of California's brand-new immigration attorneys share notes on how to reach the estimated 2,000 UC students who either lack legal immigration documents or have only temporary protection from deportation.\u003c/p>\n\u003cp>\"I sent out an email to my student listserv with a message in caps and bold like, 'If your DACA is going to expire anytime in the summer or fall ... please let me know ASAP,'\" says attorney Habiba Simjee, who is participating in the meeting by phone from UC Santa Barbara. She's referring to \u003ca href=\"http://www.uscis.gov/humanitarian/consideration-deferred-action-childhood-arrivals-daca\">Deferred Action for Childhood Arrivals\u003c/a>, a two-year protection for young people who came to the United States illegally as children.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003cdiv class='utils-parseShortcode-shortcodes-__shortcodes__shortcodeWrapper'>\n \u003ciframe width='100%' height='166'\n scrolling='no' frameborder='no'\n src='https://w.soundcloud.com/player/?url=https://api.soundcloud.com/tracks/210418999&visual=true&color=ff5500&auto_play=false&hide_related=false&show_comments=true&show_user=true&show_reposts=false'\n title='https://api.soundcloud.com/tracks/210418999'>\n \u003c/iframe>\n \u003c/div>\u003c/p>\u003cp>\u003c/p>\n\u003cp>The University of California is the first public university in the country to start a legal center on this level, with full-time attorneys to provide legal aid to undocumented students and their families.\u003c/p>\n\u003cfigure id=\"attachment_10552227\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/AB-540-center.jpg\">\u003cimg class=\"size-medium wp-image-10552227\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/AB-540-center-800x600.jpg\" alt=\"UC Davis is also home to an undocumented student center. Pictured here is office coordinator Aurora Garcia.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/AB-540-center.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UC Davis is also home to an undocumented student center. Pictured here is office coordinator Aurora Garcia. \u003ccite>(Zaidee Stavely/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>The UC Undocumented Legal Services Center is based at the \u003ca href=\"https://law.ucdavis.edu/\">UC Davis School of Law\u003c/a>, but the attorneys see students at six other campuses, specifically those that don't have their own law schools: Santa Cruz, Riverside, Merced, San Diego, Santa Barbara and San Francisco.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The attorneys say they've helped more than 100 students since the center opened in November.\u003c/p>\n\u003cp>Some students need guidance to apply for the DACA program or renew it. Many students who already have that protection are seeking special permission to leave the country in order to study abroad.\u003c/p>\n\u003cp>UC San Diego ethnic studies and public health student Alexis Buz was one of them. He applied to go to Vietnam for a five-week course this summer.\u003c/p>\n\u003cfigure id=\"attachment_10547153\" class=\"wp-caption alignright\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut.jpg\">\u003cimg class=\"size-medium wp-image-10547153\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut-800x450.jpg\" alt=\"UCSD student Alexis Buz got legal help from attorneys to apply to leave the country to study public health this summer in Vietnam.\" width=\"800\" height=\"450\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut-800x450.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut-400x225.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15313_10687188_873996065959087_791989802156277640_n-qut.jpg 960w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">UCSD student Alexis Buz got legal help from attorneys to apply to leave the country to study public health this summer in Vietnam. \u003ccite>(Courtesy of Alexis Buz)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"I'll also be researching and learning at a clinic that treats children in Vietnam who were born with defects due to exposure to Agent Orange,\" says Buz. \"Ultimately, this will also give me the patient exposure, the knowledge and the cultural competency for when I want to apply for medical school.\"\u003c/p>\n\u003cp>Buz was born in Mexico, but he's been in the U.S. since he was 2. He says the free legal help from the Undocumented Legal Services Center went beyond his foreign study program. Perhaps even more importantly, the attorney who met with Buz in San Diego asked him a lot of questions about his family history.\u003c/p>\n\u003cp>\"As we were discussing my family's dynamic, there were several things I realized and we realized,\" says Buz. \"There would be a way for me to get an adjustment of status, which means I can probably, if things work out, get residency in the next few years.\"\u003c/p>\n\u003cp>This is a huge deal. Most undocumented immigrants in the U.S. don't have a pathway to permanent legalization under current law. But as many as one in four young people can find a way -- if they're able to meet with an attorney, says legal center director Maria Blanco.\u003c/p>\n\u003cp>\"There's a potential there that doesn't get uncovered unless you really screen carefully,\" says Blanco.\u003c/p>\n\u003cp>One of those potentials is a \u003ca href=\"http://www.uscis.gov/humanitarian/victims-human-trafficking-other-crimes/victims-criminal-activity-u-nonimmigrant-status/victims-criminal-activity-u-nonimmigrant-status\">U visa, for victims of violent crime\u003c/a> who cooperate with police.\u003c/p>\n\u003cfigure id=\"attachment_10547092\" class=\"wp-caption alignleft\" style=\"max-width: 800px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut.jpg\">\u003cimg class=\"size-medium wp-image-10547092\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-800x600.jpg\" alt=\"Maria Blanco is the executive director of the UC Undocumented Legal Services Center.\" width=\"800\" height=\"600\" srcset=\"https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-800x600.jpg 800w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-400x300.jpg 400w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-1440x1080.jpg 1440w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-1180x885.jpg 1180w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut-960x720.jpg 960w, https://ww2.kqed.org/app/uploads/sites/10/2015/06/RS15305_IMG_20150521_131721-qut.jpg 1920w\" sizes=\"(max-width: 800px) 100vw, 800px\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">Maria Blanco is the executive director of the UC Undocumented Legal Services Center. \u003ccite>(Zaidee Stavely/KQED)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>\"We were surprised how many of our students were victims of violent crimes,\" says Blanco. \"[But] a lot of students come from high-crime neighborhoods, which makes sense when you think about it.\"\u003c/p>\n\u003cp>The UC lawyers can also help students' parents, brothers and sisters with immigration matters. Blanco says the idea behind the legal services is to help undocumented students -- and those with undocumented family members -- to stay in school.\u003c/p>\n\u003cp>\"When you help them emotionally, they do better academically as well,\" she says. \"Just the stress of being in fear of their deportation, but also their families being at risk. Because of the stress, the students often stop and start. They drop out, then they come back. And some don't come back.\"\u003c/p>\n\u003cp>Not everyone agrees with the center's work. Student Claire Chiara is director of the \u003ca href=\"http://www.berkeleycollegerepublicans.com/\">UC Berkeley College Republicans\u003c/a>. She says if the university is going to provide legal services, they should be for all students.\u003c/p>\n\u003cp>\"Students could get legal help for anything ranging from, my gosh, a divorce they're going through, to fighting any form of trial they might appear in,\" says Chiara. \"So I think this legal aid for undocumented students is really an issue because it doesn't represent the entire student body.\"\u003c/p>\n\u003cp>UC President Janet Napolitano disagrees.\u003c/p>\n\u003cp>\"Our undocumented students are in a special place, a unique place,\" says Napolitano. She funded the legal center as part of a $5 million investment to support undocumented students. The money is from the President's Initiative Fund, which she is allowed to use to address needs around the UC system.\u003c/p>\n\u003cp>\"It's the public policy of the state of California that they pay in-state tuition, that they qualify for financial aid. All we are doing is recognizing they are a special population,\" says Napolitano. \"They have high needs. So if these students are going to be part of the UC family, and they are … why not also do what we can to provide legal services?\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Napolitano says she wants universities in other states to follow the University of California's lead.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>The U.S. Supreme Court has rejected a challenge to a San Francisco law that requires handgun owners to secure their weapons with trigger locks or store them in gun safes while in the home.\u003c/p>\n\u003cp>The court majority declined to hear an appeal, led by the National Rifle Association, of lower court rulings that found the 2007 law does not seriously affect gun owners' ability to defend themselves.\u003c/p>\n\u003cp>In two landmark cases in the last decade, the high court had struck down local ordinances (in Washington, D.C. and Chicago) that sought to severely limit or ban the availability of operable handguns in the home. In those cases, the court declared that self-defense was \"the central component\" of the Second Amendment right to keep and bear arms.\u003c/p>\n\u003cp>The majority's position announced Monday drew a dissent (\u003ca href=\"#jackson_v_sanfrancisco\">embedded below\u003c/a>) from Associate Justice Clarence Thomas, joined by fellow conservative Antonin Scalia. Thomas pointed to the accounts of several of the half-dozen San Francisco residents who challenged the ordinance as proof it interferes with the basic right of self-defense:\u003c/p>\n\u003cblockquote>\u003cp>One petitioner, an elderly woman who lives alone, explained that she is currently forced to store her handgun in a lock box and that if an intruder broke into her home at night, she would need to “turn on the light, find [her] glasses, find the key to the lockbox, insert the key in the lock and unlock the box (under the stress of the emergency), and then get [her] gun before being in position to defend [herself].” ... As she is over 79 years old, that would “not [be] an easy task.” Another petitioner stated that she is forced to store her gun in a code-operated safe and, in the event of an emergency, would need to get to that safe, remember her code under stress, and correctly enter it before she could retrieve her gun and be in a position to defend herself. If she erroneously entered the number due to stress, the safe would impose a delay before she could try again. A third petitioner explained that he would face the same challenge and, in the event the battery drains on his battery-operated safe, would need to locate a backup key to access his handgun.\u003c/p>\u003c/blockquote>\n\u003cp>Thomas' conclusion:\u003c/p>\n\u003cblockquote>\u003cp>The law ... burdens their right to self-defense at the times they are most vulnerable — when they are sleeping, bathing, changing clothes, or otherwise indisposed. ... In an emergency situation, the delay imposed by this law could prevent San Francisco residents from using their handguns for the lawful purpose of self-defense. And that delay could easily be the difference between life and death.\u003c/p>\u003c/blockquote>\n\u003cp>Long-time Supreme Court reporter Lyle Denniston, writing for SCOTUSBlog, offers some context for the court's action:\u003c/p>\n\u003cblockquote>\u003cp>The refusal to review the case of Jackson v. City and County of San Francisco was the latest in a string of such orders, declining to clarify the personal right to have a gun, first established seven years ago and extended nationwide five years ago, but not explained further in the years since. Once again, as is its custom, the Court did not explain why it was choosing to remain on the sidelines.\u003c/p>\n\u003cp>In the 2008 decision in District of Columbia v. Heller, the Court had ruled that the right created by the Second Amendment included a right to have a gun for one’s own use in self-defense, at least within the home, and with such a weapon in a condition allowing it to be quickly used. That is the right that the Court said applied all across the country, in the 2010 decision in McDonald v. City of Chicago. But McDonald marked the last time the Court had spoken on the amendment’ s reach.\u003c/p>\n\u003cp>Much of the uncertainty that has spread to courts across the country has involved the core question whether the personal right extends anywhere beyond the home. That has been the issue that the Justices have most often declined to sort out. The San Francisco case, however, sought to bring the Court back inside the home, to determine how far government could go to regulate access to a weapon there.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca id=\"jackson_v_sanfrancisco\">\u003c/a>\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003c!-- iframe plugin v.4.3 wordpress.org/plugins/iframe/ -->\u003cbr>\n\u003ciframe class=\"scribd_iframe_embed\" src=\"https://www.scribd.com/embeds/268056292/content?start_page=1&view_mode=scroll&show_recommendations=true\" data-auto-height=\"false\" data-aspect-ratio=\"undefined\" scrolling=\"no\" id=\"doc_4832\" width=\"100%\" height=\"600\" frameborder=\"0\">\u003c/iframe>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>The U.S. Supreme Court has rejected a challenge to a San Francisco law that requires handgun owners to secure their weapons with trigger locks or store them in gun safes while in the home.\u003c/p>\n\u003cp>The court majority declined to hear an appeal, led by the National Rifle Association, of lower court rulings that found the 2007 law does not seriously affect gun owners' ability to defend themselves.\u003c/p>\n\u003cp>In two landmark cases in the last decade, the high court had struck down local ordinances (in Washington, D.C. and Chicago) that sought to severely limit or ban the availability of operable handguns in the home. In those cases, the court declared that self-defense was \"the central component\" of the Second Amendment right to keep and bear arms.\u003c/p>\n\u003cp>The majority's position announced Monday drew a dissent (\u003ca href=\"#jackson_v_sanfrancisco\">embedded below\u003c/a>) from Associate Justice Clarence Thomas, joined by fellow conservative Antonin Scalia. Thomas pointed to the accounts of several of the half-dozen San Francisco residents who challenged the ordinance as proof it interferes with the basic right of self-defense:\u003c/p>\n\u003cblockquote>\u003cp>One petitioner, an elderly woman who lives alone, explained that she is currently forced to store her handgun in a lock box and that if an intruder broke into her home at night, she would need to “turn on the light, find [her] glasses, find the key to the lockbox, insert the key in the lock and unlock the box (under the stress of the emergency), and then get [her] gun before being in position to defend [herself].” ... As she is over 79 years old, that would “not [be] an easy task.” Another petitioner stated that she is forced to store her gun in a code-operated safe and, in the event of an emergency, would need to get to that safe, remember her code under stress, and correctly enter it before she could retrieve her gun and be in a position to defend herself. If she erroneously entered the number due to stress, the safe would impose a delay before she could try again. A third petitioner explained that he would face the same challenge and, in the event the battery drains on his battery-operated safe, would need to locate a backup key to access his handgun.\u003c/p>\u003c/blockquote>\n\u003cp>Thomas' conclusion:\u003c/p>\n\u003cblockquote>\u003cp>The law ... burdens their right to self-defense at the times they are most vulnerable — when they are sleeping, bathing, changing clothes, or otherwise indisposed. ... In an emergency situation, the delay imposed by this law could prevent San Francisco residents from using their handguns for the lawful purpose of self-defense. And that delay could easily be the difference between life and death.\u003c/p>\u003c/blockquote>\n\u003cp>Long-time Supreme Court reporter Lyle Denniston, writing for SCOTUSBlog, offers some context for the court's action:\u003c/p>\n\u003cblockquote>\u003cp>The refusal to review the case of Jackson v. City and County of San Francisco was the latest in a string of such orders, declining to clarify the personal right to have a gun, first established seven years ago and extended nationwide five years ago, but not explained further in the years since. Once again, as is its custom, the Court did not explain why it was choosing to remain on the sidelines.\u003c/p>\n\u003cp>In the 2008 decision in District of Columbia v. Heller, the Court had ruled that the right created by the Second Amendment included a right to have a gun for one’s own use in self-defense, at least within the home, and with such a weapon in a condition allowing it to be quickly used. That is the right that the Court said applied all across the country, in the 2010 decision in McDonald v. City of Chicago. But McDonald marked the last time the Court had spoken on the amendment’ s reach.\u003c/p>\n\u003cp>Much of the uncertainty that has spread to courts across the country has involved the core question whether the personal right extends anywhere beyond the home. That has been the issue that the Justices have most often declined to sort out. The San Francisco case, however, sought to bring the Court back inside the home, to determine how far government could go to regulate access to a weapon there.\u003c/p>\u003c/blockquote>\n\u003cp>\u003ca id=\"jackson_v_sanfrancisco\">\u003c/a>\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cp>\u003cstrong>Update, Wednesday June 3:\u003c/strong> A Native American student who sued his Fresno-area school district because it refused to let him wear an eagle feather to his high school graduation will be able to wear the sacred item after all.\u003c/p>\n\u003cp>Attorneys for Christian Titman and officials with Clovis Unified School District reached an agreement Tuesday night that allows him to wear the feather, said Rebecca Farmer, a spokeswoman for the American Civil Liberties Union of Northern California, one of the groups representing Titman. She provided no other details.\u003c/p>\n\u003cp>[The \u003ca href=\"http://www.fresnobee.com/news/local/education/article22971372.html\" target=\"_blank\">Fresno Bee quotes\u003c/a> a school district spokeswoman as saying the agreement is “largely consistent with offers previously made by the district to accommodate” Titman’s desire to wear the feather at Thursday’s ceremony.]\u003c/p>\n\u003cp>That development came after Fresno County Superior Court Judge Donald Black suggested the two parties try to reach a resolution. Titman's lawyers argued in court that his rights to freedom of expression and religion under the state constitution were being violated.\u003c/p>\n\u003cp>Titman, 18, a member of the Pit River Tribe, said he wants to attach the 5-inch feather he received from his father to the tassel on his cap.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>He wants to mark his achievement and honor his heritage, according to the lawsuit filed in state court Monday. The tribe considers eagle feathers sacred and symbolic of a significant accomplishment.\u003c/p>\n\u003cp>\"The district's refusal to allow a small symbol of religious expression during the graduation ceremony is a misunderstanding of both the spirit and the letter of the law,\" argued Novella Coleman, an ACLU staff attorney. \"The implication that an eagle feather with religious significance is unacceptable or disruptive signals a deep disrespect from the district.\"\u003c/p>\n\u003cp>\u003cstrong>Original post (Tuesday, June 2):\u003c/strong> A Native American student who sued his San Joaquin Valley school district because it's refusing to let him wear an eagle feather to his high school graduation will ask a judge for an order permitting the sacred item.\u003c/p>\n\u003cp>Christian Titman's lawyers are expected to argue in Fresno County Superior Court Tuesday that the student's rights to freedom of expression and religion in the state Constitution are being violated.\u003c/p>\n\u003cp>Titman, 18, a member of the \u003ca href=\"http://pitrivertribe.org/history\" target=\"_blank\">Pit River Tribe\u003c/a>, said he wants to attach the 5-inch feather he received from his father to the tassel on his cap at the Clovis High School ceremony set for Thursday in suburban Fresno.\u003c/p>\n\u003cp>He wants to mark his achievement and to honor his Native American heritage, according to \u003ca href=\"https://www.aclunc.org/sites/default/files/2015.06.01_Complaint.pdf\" target=\"_blank\">the lawsuit\u003c/a> filed Monday. The tribe considers eagle feathers sacred and symbolic of a significant accomplishment.\u003c/p>\n\u003cp>\"The district's refusal to allow a small symbol of religious expression during the graduation ceremony is a misunderstanding of both the spirit and the letter of the law,\" said Novella Coleman, a staff attorney with the American Civil Liberties Union of Northern California, one of the groups representing Titman. \"The implication that an eagle feather with religious significance is unacceptable or disruptive signals a deep disrespect from the district.\"\u003c/p>\n\u003cp>A call to the district was not immediately returned.\u003c/p>\n\u003cp>In a letter to Titman's attorneys, Superintendent Janet Young said the district has a strict graduation dress code intended to show \"respect for the formality of the graduation ceremony, unity of the graduating class, and also to avoid disruption of the graduation ceremonies that would likely occur if students were allowed to alter or add on to their graduation cap and gown.\"\u003c/p>\n\u003cp>The district has previously refused to allow stoles, leis, rosaries and necklaces on graduation caps and gowns, and its dress code is neutral to any religion, Young said. Titman could wear the eagle feather after the ceremony and take photos with the principal, she said.\u003c/p>\n\u003cp>The U.S. Supreme Court has held that under the U.S. Constitution, governments don't have to make exceptions to religiously neutral laws that are applied generally, but the issue has not been resolved by the California Supreme Court under the state Constitution, said Aaron Caplan, a professor at Loyola Law School in Los Angeles.\u003c/p>\n\u003cp>The California Constitution guarantees free exercise and enjoyment of religion, but not if it would lead to actions that are \"licentious\" or inconsistent with peace or safety. That would seem to favor Titman's argument that he has a right to wear the eagle feather, Caplan said.\u003c/p>\n\u003cp>\"I don't see any reason why displaying an eagle feather at graduation could be considered licentious or inconsistent with the peace or safety of the state,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Titman also wants a declaration that the district cannot prohibit religious symbols or insignia at the ceremony.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Update, Wednesday June 3:\u003c/strong> A Native American student who sued his Fresno-area school district because it refused to let him wear an eagle feather to his high school graduation will be able to wear the sacred item after all.\u003c/p>\n\u003cp>Attorneys for Christian Titman and officials with Clovis Unified School District reached an agreement Tuesday night that allows him to wear the feather, said Rebecca Farmer, a spokeswoman for the American Civil Liberties Union of Northern California, one of the groups representing Titman. She provided no other details.\u003c/p>\n\u003cp>[The \u003ca href=\"http://www.fresnobee.com/news/local/education/article22971372.html\" target=\"_blank\">Fresno Bee quotes\u003c/a> a school district spokeswoman as saying the agreement is “largely consistent with offers previously made by the district to accommodate” Titman’s desire to wear the feather at Thursday’s ceremony.]\u003c/p>\n\u003cp>That development came after Fresno County Superior Court Judge Donald Black suggested the two parties try to reach a resolution. Titman's lawyers argued in court that his rights to freedom of expression and religion under the state constitution were being violated.\u003c/p>\n\u003cp>Titman, 18, a member of the Pit River Tribe, said he wants to attach the 5-inch feather he received from his father to the tassel on his cap.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>He wants to mark his achievement and honor his heritage, according to the lawsuit filed in state court Monday. The tribe considers eagle feathers sacred and symbolic of a significant accomplishment.\u003c/p>\n\u003cp>\"The district's refusal to allow a small symbol of religious expression during the graduation ceremony is a misunderstanding of both the spirit and the letter of the law,\" argued Novella Coleman, an ACLU staff attorney. \"The implication that an eagle feather with religious significance is unacceptable or disruptive signals a deep disrespect from the district.\"\u003c/p>\n\u003cp>\u003cstrong>Original post (Tuesday, June 2):\u003c/strong> A Native American student who sued his San Joaquin Valley school district because it's refusing to let him wear an eagle feather to his high school graduation will ask a judge for an order permitting the sacred item.\u003c/p>\n\u003cp>Christian Titman's lawyers are expected to argue in Fresno County Superior Court Tuesday that the student's rights to freedom of expression and religion in the state Constitution are being violated.\u003c/p>\n\u003cp>Titman, 18, a member of the \u003ca href=\"http://pitrivertribe.org/history\" target=\"_blank\">Pit River Tribe\u003c/a>, said he wants to attach the 5-inch feather he received from his father to the tassel on his cap at the Clovis High School ceremony set for Thursday in suburban Fresno.\u003c/p>\n\u003cp>He wants to mark his achievement and to honor his Native American heritage, according to \u003ca href=\"https://www.aclunc.org/sites/default/files/2015.06.01_Complaint.pdf\" target=\"_blank\">the lawsuit\u003c/a> filed Monday. The tribe considers eagle feathers sacred and symbolic of a significant accomplishment.\u003c/p>\n\u003cp>\"The district's refusal to allow a small symbol of religious expression during the graduation ceremony is a misunderstanding of both the spirit and the letter of the law,\" said Novella Coleman, a staff attorney with the American Civil Liberties Union of Northern California, one of the groups representing Titman. \"The implication that an eagle feather with religious significance is unacceptable or disruptive signals a deep disrespect from the district.\"\u003c/p>\n\u003cp>A call to the district was not immediately returned.\u003c/p>\n\u003cp>In a letter to Titman's attorneys, Superintendent Janet Young said the district has a strict graduation dress code intended to show \"respect for the formality of the graduation ceremony, unity of the graduating class, and also to avoid disruption of the graduation ceremonies that would likely occur if students were allowed to alter or add on to their graduation cap and gown.\"\u003c/p>\n\u003cp>The district has previously refused to allow stoles, leis, rosaries and necklaces on graduation caps and gowns, and its dress code is neutral to any religion, Young said. Titman could wear the eagle feather after the ceremony and take photos with the principal, she said.\u003c/p>\n\u003cp>The U.S. Supreme Court has held that under the U.S. Constitution, governments don't have to make exceptions to religiously neutral laws that are applied generally, but the issue has not been resolved by the California Supreme Court under the state Constitution, said Aaron Caplan, a professor at Loyola Law School in Los Angeles.\u003c/p>\n\u003cp>The California Constitution guarantees free exercise and enjoyment of religion, but not if it would lead to actions that are \"licentious\" or inconsistent with peace or safety. That would seem to favor Titman's argument that he has a right to wear the eagle feather, Caplan said.\u003c/p>\n\u003cp>\"I don't see any reason why displaying an eagle feather at graduation could be considered licentious or inconsistent with the peace or safety of the state,\" he said.\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Titman also wants a declaration that the district cannot prohibit religious symbols or insignia at the ceremony.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"content": "\u003cp>\u003cstrong>Updated 10 a.m. Thursday, June 4\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10548591\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SFPD-400x271.jpg\">\u003cimg class=\"wp-image-10548591 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SFPD-400x271.jpg\" alt=\"An image from Henry Hotel security camera footage shows SFPD Officer Arthur Madrid inserting a key into the door of room 504. Officer Arshad Razzak is directly to Madrid’s right, and Officer Richard Yick is in the foreground. Madrid’s partner, Robert Forenis, is to his left.\" width=\"400\" height=\"271\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An image from Henry Hotel security camera footage shows SFPD Officer Arthur Madrid inserting a key into the door of Room 504. Officer Arshad Razzak is directly to Madrid’s right, and Officer Richard Yick is in the foreground. Madrid’s partner, Robert Forenis, is to his left. \u003ccite>(Courtesy of the San Francisco Public Defender's Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Arshad Razzak's sentencing for four federal criminal charges was postponed Tuesday for a year to allow the former San Francisco plainclothes narcotics officer to develop training materials for the Police Department.\u003c/p>\n\u003cp>\"This is an opportunity to make some good come out of this, both for the SFPD and for Mr. Razzak,\" said Assistant U.S. Attorney John Hemann at Razzak's sentence status hearing.\u003c/p>\n\u003cp>Hemann said Razzak's contribution to SFPD training for both new recruits and experienced officers could help them \"avoid some of the pitfalls Mr. Razzak found himself in.\"\u003c/p>\n\u003cp>A federal jury \u003ca href=\"http://ww2.kqed.org/news/2015/01/22/jury-weighs-intent-in-federal-trial-of-sfpd-officers-charged-with-conspiracy\" target=\"_blank\">convicted\u003c/a> Razzak, 42, in January of conspiracy against civil rights, deprivation of rights under the color of law, and two counts of falsification of records. He and three other Southern District plainclothes officers conspired to illegally search a room at the Henry Hotel, a single-room-occupancy hotel on San Francisco's Sixth Street, prosecutors said.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>The federal criminal charges stemmed from the San Francisco Public Defender's \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/\" target=\"_blank\">release of surveillance video\u003c/a> from a Dec. 23, 2010, raid of Room 504 at the Henry Hotel.\u003c/p>\n\u003cp>https://www.youtube.com/watch?v=GFwr9lJP35U\u003c/p>\n\u003cp>Matt Gonzalez, chief attorney in the San Francisco Public Defender's Office, was flummoxed by Razzak's sentencing postponement, and the reason for it.\u003c/p>\n\u003cp>\"The Police Department should be capable of training its officers not to violate the law without the help of a convicted police officer who engaged in that conduct,\" he said, adding that the length of the postponement is an insult to the public. \"Entire Hollywood movies get made in a shorter time period.\"\u003c/p>\n\u003cp>Razzak's partner was less-experienced former SFPD Officer Richard Yick, who was acquitted of all charges. Two more plainclothes officers who specialized in auto burglary, Arthur Madrid and Robert Forenis, met Razzak and Yick outside the Henry Hotel to assist in the raid.\u003c/p>\n\u003cp>Madrid was in the lead of the four officers when they arrived at Room 504, and the video shows him immediately inserting a key into the door. Then all four enter. They found a cache of heroin and needles strewn about the room, and arrested Carlos Hutcherson for possession of approximately 65 grams of heroin.\u003c/p>\n\u003cp>But to enter the room, officers would have needed a search warrant, or some set of circumstances that created an exception to the Fourth Amendment's warrant requirement. Razzak wrote in a police report about the incident that another occupant, Jessica Richmond, consented to a search after she answered a knock at the door. The surveillance video contradicted that account.\u003c/p>\n\u003cp>[contextly_sidebar id=\"MycK79zIhAlmGpcDqL3S2aUgzrFkwXda\"]\u003c/p>\n\u003cp>Prosecutors gave Madrid immunity in exchange for his testimony in the case. Forenis was never charged. Raul Eric Elias was indicted with Razzak and Yick for his involvement in a separate raid called into question by surveillance video. Elias' prosecution has been deferred and could eventually be dismissed.\u003c/p>\n\u003cp>Razzak's defense attorney, Michael Rains, said his client's misdeeds were driven not by motivation for personal gain, but by pressure to satisfy a \"numbers-driven regime driving officers to produce, produce, produce [arrests].\"\u003c/p>\n\u003cp>Gonzalez said that's not a consideration afforded to most people facing a prison sentence.\u003c/p>\n\u003cp>\"There are criminal defendants being charged with crimes every day that can talk about the pressures that they have,\" he said, \"and I just don’t see anybody proposing that they help make training videos so that regular citizens don’t fall prey to the pressures that are out in society. It’s not convincing to me.\"\u003c/p>\n\u003cp>Rains said the SFPD training division was on board with the idea.\u003c/p>\n\u003cp>\"Any video for training purposes that would educate our Police Department on any topic is certainly beneficial,\" SFPD spokesman Officer Albie Esparza wrote in an email response. \"We never stop learning in life, and enriching our lives/officers/department is a win win for all, including the public by having a better educated police force.\"\u003c/p>\n\u003cp>The department is \"working closely\" with the U.S. Attorney's office on the next steps for the video's production, Esparza wrote, and SFPD is awaiting further direction from prosecutors and the court.\u003c/p>\n\u003cp>Rains said the training materials would likely focus on something that relates to the trial, \"what the video shows, what the report said, and the disparity between the two.\"\u003c/p>\n\u003cp>U.S. District Court Judge Richard Seeborg said during Razzak's sentence status hearing Tuesday that he agreed with prosecutors and Rains that Razzak's case was very different from another federal corruption trial involving SFPD plainclothes officers convicted of stealing money and property from drug suspects.\u003c/p>\n\u003cp>But even though he granted the postponement, Seeborg said it shouldn't \"detract from the fact that a jury did convict in this case.\"\u003c/p>\n\u003cp>\"Mr. Razzak acknowledged, whatever pressures he was under, the conduct was wrong,\" Seeborg said.\u003c/p>\n\u003cp>Assistant U.S. Attorney Hemann said federal sentencing guidelines dictate a prison sentence of 41 to 51 months. Rains said a federal probation officer recommended a 32-month sentence, but his actual sentence could be much shorter.\u003c/p>\n\u003cp>\"It depends on what the government feels the extent of his cooperation is,\" he said, \"and ultimately it’s the judge’s determination.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include a response from the San Francisco Police Department.\u003c/em>\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>\u003cstrong>Updated 10 a.m. Thursday, June 4\u003c/strong>\u003c/p>\n\u003cfigure id=\"attachment_10548591\" class=\"wp-caption alignleft\" style=\"max-width: 400px\">\u003ca href=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SFPD-400x271.jpg\">\u003cimg class=\"wp-image-10548591 size-full\" src=\"http://ww2.kqed.org/news/wp-content/uploads/sites/10/2015/06/SFPD-400x271.jpg\" alt=\"An image from Henry Hotel security camera footage shows SFPD Officer Arthur Madrid inserting a key into the door of room 504. Officer Arshad Razzak is directly to Madrid’s right, and Officer Richard Yick is in the foreground. Madrid’s partner, Robert Forenis, is to his left.\" width=\"400\" height=\"271\">\u003c/a>\u003cfigcaption class=\"wp-caption-text\">An image from Henry Hotel security camera footage shows SFPD Officer Arthur Madrid inserting a key into the door of Room 504. Officer Arshad Razzak is directly to Madrid’s right, and Officer Richard Yick is in the foreground. Madrid’s partner, Robert Forenis, is to his left. \u003ccite>(Courtesy of the San Francisco Public Defender's Office)\u003c/cite>\u003c/figcaption>\u003c/figure>\n\u003cp>Arshad Razzak's sentencing for four federal criminal charges was postponed Tuesday for a year to allow the former San Francisco plainclothes narcotics officer to develop training materials for the Police Department.\u003c/p>\n\u003cp>\"This is an opportunity to make some good come out of this, both for the SFPD and for Mr. Razzak,\" said Assistant U.S. Attorney John Hemann at Razzak's sentence status hearing.\u003c/p>\n\u003cp>Hemann said Razzak's contribution to SFPD training for both new recruits and experienced officers could help them \"avoid some of the pitfalls Mr. Razzak found himself in.\"\u003c/p>\n\u003cp>A federal jury \u003ca href=\"http://ww2.kqed.org/news/2015/01/22/jury-weighs-intent-in-federal-trial-of-sfpd-officers-charged-with-conspiracy\" target=\"_blank\">convicted\u003c/a> Razzak, 42, in January of conspiracy against civil rights, deprivation of rights under the color of law, and two counts of falsification of records. He and three other Southern District plainclothes officers conspired to illegally search a room at the Henry Hotel, a single-room-occupancy hotel on San Francisco's Sixth Street, prosecutors said.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>The federal criminal charges stemmed from the San Francisco Public Defender's \u003ca href=\"http://sfpublicdefender.org/news/2011/03/video-reveals-police-misconduct-perjury/\" target=\"_blank\">release of surveillance video\u003c/a> from a Dec. 23, 2010, raid of Room 504 at the Henry Hotel.\u003c/p>\u003c/p>\u003cp>\u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutube'>\n \u003cspan class='utils-parseShortcode-shortcodes-__youtubeShortcode__embedYoutubeInside'>\n \u003ciframe\n loading='lazy'\n class='utils-parseShortcode-shortcodes-__youtubeShortcode__youtubePlayer'\n type='text/html'\n src='//www.youtube.com/embed/GFwr9lJP35U'\n title='//www.youtube.com/embed/GFwr9lJP35U'\n allowfullscreen='true'\n style='border:0;'>\u003c/iframe>\n \u003c/span>\n \u003c/span>\u003c/p>\u003cp>\u003cp>Matt Gonzalez, chief attorney in the San Francisco Public Defender's Office, was flummoxed by Razzak's sentencing postponement, and the reason for it.\u003c/p>\n\u003cp>\"The Police Department should be capable of training its officers not to violate the law without the help of a convicted police officer who engaged in that conduct,\" he said, adding that the length of the postponement is an insult to the public. \"Entire Hollywood movies get made in a shorter time period.\"\u003c/p>\n\u003cp>Razzak's partner was less-experienced former SFPD Officer Richard Yick, who was acquitted of all charges. Two more plainclothes officers who specialized in auto burglary, Arthur Madrid and Robert Forenis, met Razzak and Yick outside the Henry Hotel to assist in the raid.\u003c/p>\n\u003cp>Madrid was in the lead of the four officers when they arrived at Room 504, and the video shows him immediately inserting a key into the door. Then all four enter. They found a cache of heroin and needles strewn about the room, and arrested Carlos Hutcherson for possession of approximately 65 grams of heroin.\u003c/p>\n\u003cp>But to enter the room, officers would have needed a search warrant, or some set of circumstances that created an exception to the Fourth Amendment's warrant requirement. Razzak wrote in a police report about the incident that another occupant, Jessica Richmond, consented to a search after she answered a knock at the door. The surveillance video contradicted that account.\u003c/p>\n\u003cp>\u003c/p>\u003cp>\u003c/p>\u003cp>\u003c/p>\n\u003cp>Prosecutors gave Madrid immunity in exchange for his testimony in the case. Forenis was never charged. Raul Eric Elias was indicted with Razzak and Yick for his involvement in a separate raid called into question by surveillance video. Elias' prosecution has been deferred and could eventually be dismissed.\u003c/p>\n\u003cp>Razzak's defense attorney, Michael Rains, said his client's misdeeds were driven not by motivation for personal gain, but by pressure to satisfy a \"numbers-driven regime driving officers to produce, produce, produce [arrests].\"\u003c/p>\n\u003cp>Gonzalez said that's not a consideration afforded to most people facing a prison sentence.\u003c/p>\n\u003cp>\"There are criminal defendants being charged with crimes every day that can talk about the pressures that they have,\" he said, \"and I just don’t see anybody proposing that they help make training videos so that regular citizens don’t fall prey to the pressures that are out in society. It’s not convincing to me.\"\u003c/p>\n\u003cp>Rains said the SFPD training division was on board with the idea.\u003c/p>\n\u003cp>\"Any video for training purposes that would educate our Police Department on any topic is certainly beneficial,\" SFPD spokesman Officer Albie Esparza wrote in an email response. \"We never stop learning in life, and enriching our lives/officers/department is a win win for all, including the public by having a better educated police force.\"\u003c/p>\n\u003cp>The department is \"working closely\" with the U.S. Attorney's office on the next steps for the video's production, Esparza wrote, and SFPD is awaiting further direction from prosecutors and the court.\u003c/p>\n\u003cp>Rains said the training materials would likely focus on something that relates to the trial, \"what the video shows, what the report said, and the disparity between the two.\"\u003c/p>\n\u003cp>U.S. District Court Judge Richard Seeborg said during Razzak's sentence status hearing Tuesday that he agreed with prosecutors and Rains that Razzak's case was very different from another federal corruption trial involving SFPD plainclothes officers convicted of stealing money and property from drug suspects.\u003c/p>\n\u003cp>But even though he granted the postponement, Seeborg said it shouldn't \"detract from the fact that a jury did convict in this case.\"\u003c/p>\n\u003cp>\"Mr. Razzak acknowledged, whatever pressures he was under, the conduct was wrong,\" Seeborg said.\u003c/p>\n\u003cp>Assistant U.S. Attorney Hemann said federal sentencing guidelines dictate a prison sentence of 41 to 51 months. Rains said a federal probation officer recommended a 32-month sentence, but his actual sentence could be much shorter.\u003c/p>\n\u003cp>\"It depends on what the government feels the extent of his cooperation is,\" he said, \"and ultimately it’s the judge’s determination.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>\u003cem>This report was updated to include a response from the San Francisco Police Department.\u003c/em>\u003c/p>\n\n\u003c/div>\u003c/p>",
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"disqusTitle": "No Funding for DA's Police Misconduct Task Force in S.F. Mayor's Budget",
"title": "No Funding for DA's Police Misconduct Task Force in S.F. Mayor's Budget",
"headTitle": "News Fix | KQED News",
"content": "\u003cp>In his proposed budget unveiled Monday that includes a $37 million increase for the city's Police Department over the next two years, San Francisco Mayor Ed Lee has opted not to fund an ongoing probe into a string of law enforcement scandals.\u003c/p>\n\u003cp>The district attorney's office requested funding for several efforts, including $383,315 to pay for a task force investigating misconduct in the San Francisco police and sheriff's departments.\u003c/p>\n\u003cp>\"We just didn’t get anywhere near the funding that we had hoped for,\" DA spokesman Max Szabo said. \"It’s really concerning that we’re not getting the adequate resources that we need to just function normally.\"\u003c/p>\n\u003cp>The bulk of the task force's work -- still underway in the DA's trial integrity unit -- is \u003ca href=\"http://ww2.kqed.org/news/2015/03/30/under-fire-san-francisco-da-to-probe-multiple-law-enforcement-scandals\" target=\"_blank\">reviewing\u003c/a> some 3,000 potentially tainted cases involving SFPD officers implicated in a \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">bigoted text messaging scandal\u003c/a> that came to light in March, Szabo said. The task force is also probing work from the Police Department's crime lab and investigating allegations that sheriff's deputies \u003ca href=\"http://ww2.kqed.org/news/2015/03/26/sf-public-defender-sheriffs-deputies-bet-on-forced-battles-between-inmates\" target=\"_blank\">forced city jail inmates to fight\u003c/a> each other.\u003c/p>\n\u003cp>Lee touted multimillion-dollar allocations in other public safety departments in a speech before the Board of Supervisors Monday.\u003c/p>\n\u003cp>[ad fullwidth]\u003c/p>\n\u003cp>\"My budget doubles down on our public safety investments to meet the needs of a growing city and the growing demands of our first responders,\" he said. \"We will through this budget hire 400 additional police officers, 198 firefighters, 55 paramedics, and 36 911 dispatchers.\"\u003c/p>\n\u003cp>Asked why he didn't budget any funds for the misconduct investigations, Lee said he didn't want to encourage legal battles between city departments.\u003c/p>\n\u003cp>\"What I don’t want to see is lawyering up on the public defender's side and the district attorney’s side just to battle against each other,\" Lee said, adding that he didn't believe 3,000 cases need review.\u003c/p>\n\u003cp>\"I think that the DA and the police chief and the Police Commission need to all work closely together,\" he said. \"I do believe there is a number they have to look at, and they can come to an agreement as to what that is.\"\u003c/p>\n\u003cp>A spokeswoman with the public defender's office said prosecutors and public defenders are collaborating to review the cases.\u003c/p>\n\u003cp>When he announced the probe, District Attorney George Gascón said his office flagged 10 years of arrests involving officers implicated in the texting scandal and turned up about 1,600 prosecutions. Prosecutors did not file charges in the remaining 1,400 cases. Gascón said it was possibly more important to look at arrests that weren't prosecuted, indicating charges might not have held up in court.\u003c/p>\n\u003cp>\"I am disappointed that this was not included in the mayor’s budget,\" Supervisor David Campos said. \"I think that members of the Police Department and members of the community deserve that the city allocate the resources needed to get to the bottom of what happened.\"\u003c/p>\n\u003cp>The text messages were made public in a federal court filing on March 13. The city's public defender revealed on March 26 the allegations of forced inmate fighting at a city jail, and the \u003ca href=\"http://www.sfgate.com/crime/article/DNA-lab-irregularities-may-endanger-hundreds-of-6165643.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> on March 28 on a breach of protocol at SFPD's crime lab, potentially affecting hundreds more prosecutions.\u003c/p>\n\u003cp>\"Our special prosecutions unit, which handles misconduct for the district attorney’s office, was underwater,\" Szabo said, \"and really needed additional resources to become adequately staffed and investigate these varying issues.\"\u003c/p>\n\u003cp>Gascón said at the time that he would seek additional funding from the city, but what became of the request was unknown until now. The mayor's budget would increase the DA's overall funding by $3.7 million over two years, mostly allocated for mandatory salary and benefit increases. The budget also includes funding for an additional attorney to work on the city's implementation of court-ordered, outpatient mental health treatment, or Laura's Law, and a boost for IT staff.\u003c/p>\n\u003cp>Requests in other areas, like increased funding for processing untested rape kits and victim services, were denied.\u003c/p>\n\u003cp>\"We requested four additional victims' advocates to serve this growing population,\" Szabo said, citing a 30 percent increase in victim services over the past four years. \"We didn’t get one.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Szabo said the task force's work will continue. \"Unfortunately, it may take a little longer than we'd hoped and anticipated,\" he said.\u003c/p>\n\n",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003cp>In his proposed budget unveiled Monday that includes a $37 million increase for the city's Police Department over the next two years, San Francisco Mayor Ed Lee has opted not to fund an ongoing probe into a string of law enforcement scandals.\u003c/p>\n\u003cp>The district attorney's office requested funding for several efforts, including $383,315 to pay for a task force investigating misconduct in the San Francisco police and sheriff's departments.\u003c/p>\n\u003cp>\"We just didn’t get anywhere near the funding that we had hoped for,\" DA spokesman Max Szabo said. \"It’s really concerning that we’re not getting the adequate resources that we need to just function normally.\"\u003c/p>\n\u003cp>The bulk of the task force's work -- still underway in the DA's trial integrity unit -- is \u003ca href=\"http://ww2.kqed.org/news/2015/03/30/under-fire-san-francisco-da-to-probe-multiple-law-enforcement-scandals\" target=\"_blank\">reviewing\u003c/a> some 3,000 potentially tainted cases involving SFPD officers implicated in a \u003ca href=\"http://ww2.kqed.org/news/2015/03/13/racist-texts-prompt-sfpd-internal-investigation\" target=\"_blank\">bigoted text messaging scandal\u003c/a> that came to light in March, Szabo said. The task force is also probing work from the Police Department's crime lab and investigating allegations that sheriff's deputies \u003ca href=\"http://ww2.kqed.org/news/2015/03/26/sf-public-defender-sheriffs-deputies-bet-on-forced-battles-between-inmates\" target=\"_blank\">forced city jail inmates to fight\u003c/a> each other.\u003c/p>\n\u003cp>Lee touted multimillion-dollar allocations in other public safety departments in a speech before the Board of Supervisors Monday.\u003c/p>\n\u003cp>\u003c/p>\u003c/div>",
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"content": "\u003cdiv class=\"post-body\">\u003cp>\u003c/p>\n\u003cp>\"My budget doubles down on our public safety investments to meet the needs of a growing city and the growing demands of our first responders,\" he said. \"We will through this budget hire 400 additional police officers, 198 firefighters, 55 paramedics, and 36 911 dispatchers.\"\u003c/p>\n\u003cp>Asked why he didn't budget any funds for the misconduct investigations, Lee said he didn't want to encourage legal battles between city departments.\u003c/p>\n\u003cp>\"What I don’t want to see is lawyering up on the public defender's side and the district attorney’s side just to battle against each other,\" Lee said, adding that he didn't believe 3,000 cases need review.\u003c/p>\n\u003cp>\"I think that the DA and the police chief and the Police Commission need to all work closely together,\" he said. \"I do believe there is a number they have to look at, and they can come to an agreement as to what that is.\"\u003c/p>\n\u003cp>A spokeswoman with the public defender's office said prosecutors and public defenders are collaborating to review the cases.\u003c/p>\n\u003cp>When he announced the probe, District Attorney George Gascón said his office flagged 10 years of arrests involving officers implicated in the texting scandal and turned up about 1,600 prosecutions. Prosecutors did not file charges in the remaining 1,400 cases. Gascón said it was possibly more important to look at arrests that weren't prosecuted, indicating charges might not have held up in court.\u003c/p>\n\u003cp>\"I am disappointed that this was not included in the mayor’s budget,\" Supervisor David Campos said. \"I think that members of the Police Department and members of the community deserve that the city allocate the resources needed to get to the bottom of what happened.\"\u003c/p>\n\u003cp>The text messages were made public in a federal court filing on March 13. The city's public defender revealed on March 26 the allegations of forced inmate fighting at a city jail, and the \u003ca href=\"http://www.sfgate.com/crime/article/DNA-lab-irregularities-may-endanger-hundreds-of-6165643.php\" target=\"_blank\">San Francisco Chronicle reported\u003c/a> on March 28 on a breach of protocol at SFPD's crime lab, potentially affecting hundreds more prosecutions.\u003c/p>\n\u003cp>\"Our special prosecutions unit, which handles misconduct for the district attorney’s office, was underwater,\" Szabo said, \"and really needed additional resources to become adequately staffed and investigate these varying issues.\"\u003c/p>\n\u003cp>Gascón said at the time that he would seek additional funding from the city, but what became of the request was unknown until now. The mayor's budget would increase the DA's overall funding by $3.7 million over two years, mostly allocated for mandatory salary and benefit increases. The budget also includes funding for an additional attorney to work on the city's implementation of court-ordered, outpatient mental health treatment, or Laura's Law, and a boost for IT staff.\u003c/p>\n\u003cp>Requests in other areas, like increased funding for processing untested rape kits and victim services, were denied.\u003c/p>\n\u003cp>\"We requested four additional victims' advocates to serve this growing population,\" Szabo said, citing a 30 percent increase in victim services over the past four years. \"We didn’t get one.\"\u003c/p>\n\u003cp>\u003c/p>\n\u003cp>Szabo said the task force's work will continue. \"Unfortunately, it may take a little longer than we'd hoped and anticipated,\" he said.\u003c/p>\n\n\u003c/div>\u003c/p>",
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"info": "The Political Mind of Jerry Brown brings listeners the wisdom of the former Governor, Mayor, and presidential candidate. Scott Shafer interviewed Brown for more than 40 hours, covering the former governor's life and half-century in the political game – and Brown has some lessons he'd like to share. ",
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"info": "The MindShift podcast explores the innovations in education that are shaping how kids learn. Hosts Ki Sung and Katrina Schwartz introduce listeners to educators, researchers, parents and students who are developing effective ways to improve how kids learn. We cover topics like how fed-up administrators are developing surprising tactics to deal with classroom disruptions; how listening to podcasts are helping kids develop reading skills; the consequences of overparenting; and why interdisciplinary learning can engage students on all ends of the traditional achievement spectrum. This podcast is part of the MindShift education site, a division of KQED News. KQED is an NPR/PBS member station based in San Francisco. You can also visit the MindShift website for episodes and supplemental blog posts or tweet us \u003ca href=\"https://twitter.com/MindShiftKQED\">@MindShiftKQED\u003c/a> or visit us at \u003ca href=\"/mindshift\">MindShift.KQED.org\u003c/a>",
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"info": "For decades, the process for how police police themselves has been inconsistent – if not opaque. In some states, like California, these proceedings were completely hidden. After a new police transparency law unsealed scores of internal affairs files, our reporters set out to examine these cases and the shadow world of police discipline. On Our Watch brings listeners into the rooms where officers are questioned and witnesses are interrogated to find out who this system is really protecting. Is it the officers, or the public they've sworn to serve?",
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"info": "Political Breakdown is a new series that explores the political intersection of California and the nation. Each week hosts Scott Shafer and Marisa Lagos are joined with a new special guest to unpack politics -- with personality — and offer an insider’s glimpse at how politics happens.",
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"possible": {
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"title": "Possible",
"info": "Possible is hosted by entrepreneur Reid Hoffman and writer Aria Finger. Together in Possible, Hoffman and Finger lead enlightening discussions about building a brighter collective future. The show features interviews with visionary guests like Trevor Noah, Sam Altman and Janette Sadik-Khan. Possible paints an optimistic portrait of the world we can create through science, policy, business, art and our shared humanity. It asks: What if everything goes right for once? How can we get there? Each episode also includes a short fiction story generated by advanced AI GPT-4, serving as a thought-provoking springboard to speculate how humanity could leverage technology for good.",
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"radiolab": {
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},
"rightnowish": {
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"tagline": "Art is where you find it",
"info": "Rightnowish digs into life in the Bay Area right now… ish. Journalist Pendarvis Harshaw takes us to galleries painted on the sides of liquor stores in West Oakland. We'll dance in warehouses in the Bayview, make smoothies with kids in South Berkeley, and listen to classical music in a 1984 Cutlass Supreme in Richmond. Every week, Pen talks to movers and shakers about how the Bay Area shapes what they create, and how they shape the place we call home.",
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"tagline": "Real stories with killer beats",
"info": "The Snap Judgment radio show and podcast mixes real stories with killer beats to produce cinematic, dramatic radio. Snap's musical brand of storytelling dares listeners to see the world through the eyes of another. This is storytelling... with a BEAT!! Snap first aired on public radio stations nationwide in July 2010. Today, Snap Judgment airs on over 450 public radio stations and is brought to the airwaves by KQED & PRX.",
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"soldout": {
"id": "soldout",
"title": "SOLD OUT: Rethinking Housing in America",
"tagline": "A new future for housing",
"info": "Sold Out: Rethinking Housing in America",
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