Dufty Breaks a Promise, and the Money Rolls In

August 12, 2011
The New York Times
By SYDNEY LUPKIN and SHANE SHIFFLETT

Ed Lee, San Francisco’s interim mayor, became a target of criticism this week when he reneged on his promise not to seek election this fall. But Mr. Lee is not the first candidate in the crowded field to go back on his word.

That distinction belongs to former Supervisor Bevan Dufty, who quietly abandoned his promise to accept campaign contributions from San Francisco residents only, and to cap them at $200 — far less than the city’s legal limit of $500.

Mr. Dufty, who would be San Francisco’s first openly gay mayor, said breaking his promise was a matter of political survival.

Before he reversed himself on March 1, Mr. Dufty’s fund-raising had lagged far behind candidates unencumbered by self-imposed restrictions. He has since raised $229,000 that would previously have been unavailable, including $116,000 from outside the city, according to the Dufty campaign.

“It’s hard because it was something that mattered,” Mr. Dufty said in an interview, adding, “With the field as big as it was, it seemed like it was really challenging to be limiting contributions.”

His dilemma underscores the financial realities of a wide-open race likely to include over a dozen candidates. Mr. Lee announced he would not accept public financing, which means he will be not be constrained by spending limits imposed on his competitors who accept it.

The San Francisco Examiner this week described Mr. Lee as Mayor Moneybags, surrounded by piles of cash.

When Mr. Dufty declared his candidacy in December 2009, he renounced out-of-town money and large contributions to avoid alienating voters. “I’ve always felt that the role of big money in politics discourages people from being part of the process,” he said.

While Mr. Dufty stood by his promise, his competitors used money from outside San Francisco to build their war chests. In the first six months of 2011, the president of the Board of Supervisors, David Chiu, took in almost $200,000 from outside the city. Joanna Rees, an entrepreneur, collected $206,000, according to the Ethics Commission.

Mr. Dufty sought support from the Gay & Lesbian Victory Fund, a political action committee that raised more than $4 million last year for gay candidates nationwide. But, he said, the fund refused to sign on unless he lifted his restrictions. Speaking generally of the fund’s process, its spokesman, Denis Dison, said, “We need to feel confident that there is a path to victory.”

Mr. Dufty said, “It was clear that they felt that limiting money to San Francisco was going to affect my viability.”

He now has the fund’s endorsement.

Even though he did not take outside money in January and February, Mr. Dufty received more individual contributions than all but three other candidates — Mr. Chiu, Ms. Rees and State Senator Leland Yee — during the first half of this year.

Mr. Dufty said he had heard just one complaint about his reversal. But like Mr. Lee, whose run of nearly unbroken adulation ended this week, he knows that will change.

“I would definitely say the gloves haven’t come off for anybody,” he said.

slupkin@baycitizen.org

sshifflett@baycitizen.org

In Bay Area, Youngsters Are More Prone to Bicycle Accidents

June 2, 2011
The New York Times
By SYDNEY LUPKIN

For the Sorensen family of Alameda, the sound of knuckles rapping on the garage door was a familiar annoyance. It was their 13-year-old son, Brandon, who knocked on the door so frequently to put away his bicycle that his parents finally got him an access code to open the garage on his own.

“Now, I would love to get up every couple of minutes to get him,” said his father, Kurt Sorensen, a Southwest Airlines employee.

Brandon was riding his bicycle through an Alameda intersection on a rainy Monday afternoon last month when he was struck by an S.U.V. By chance, his mother, Tammy, came upon him lying in the street as she drove past. She held her son one last time; he died at a nearby hospital.

A Bay Citizen analysis of bicycle accident data from the California Highway Patrol found that young cyclists like Brandon are at the highest risk. The analysis shows that in the Bay Area cyclists ages 10 to 19 were involved in more traffic collisions — more than 3,200 from 2005 to 2009 — than any other age group.

Nearly half of those accidents involved boys ages 12 to 16.

In a region filled with thousands of adult cyclists, including daredevils who barrel through congested cities at high speeds, data showing that youngsters are most prone to accidents surprised even bicycle advocates. They said it showed the need for early education about traffic laws and safety.

The highway patrol compiles information about bicycle accidents from local police reports. According to the data, San Jose had 434 collisions involving teenagers, the most of any Bay Area city. Oakland was second with 193. (The Bay Citizen’s Bike Accident Tracker is at baycitizen.org/data/bike-accidents/.)

“I would have thought it would be males in their 20s” who would have the highest accident rates, said Renee Rivera, head of the East Bay Bike Coalition. “Anecdotally, I see mostly young adults cycling.”

In fact, cyclists in their 20s had the second-most collisions with motorists — about 3,100 from 2005 to 2009.

The data showed that teenagers were judged by the police to be at fault 63 percent of the time. By contrast, cyclists in their 20s were faulted in 46 percent of accidents.

The police are still investigating Brandon Sorensen’s accident, and the cause is unknown. The driver is cooperating, and no charges have been filed, according to the Alameda Police Department.

The police and experts in bicycle safety said adolescents, as inexperienced riders, often put themselves in danger because they are unfamiliar with traffic laws. The California Vehicle Code requires cyclists to ride on the right side of the road and follow all traffic rules, including stop signs, traffic lights and signaling.

“Bicyclists don’t think they’re vehicles on the roadway,” Sgt. Steve Paich of the Oakland Police said. “They feel like they should be treated like pedestrians.”

Sergeant Paich said many teenagers think it is legal to ride their bicycles in the crosswalk, for example. “Riding in the crosswalk,” he said, “means you’re riding on the wrong side of the road,” which is the ticketing category for riding in a crosswalk.

Adolescent cyclists were cited for being on the wrong side of the road two and a half times more than for any other individual violation, the data showed. Adolescents were found to be on the wrong side of the road more than any other riders.

A sampling of police reports shows how youngsters’ ignoring traffic laws can put them in harm’s way.

In one accident, a woman was driving along Eighth Avenue in Oakland when a 15-year-old cyclist ran a stop sign and entered the intersection. Trying to avoid him, the driver lurched onto the sidewalk, but the cyclist was thrown onto the hood of the car before rolling off into the street.

The teenager was lucky. He escaped with a few stitches on his head and some scrapes on his leg. His name and the driver’s were redacted from the police report.

In another instance, a 12-year-old boy ran a red light at the intersection of Hegenberger Road and Edgewater Drive in Oakland and was struck by a car. The driver was accelerating after the light turned green, according to the police report. The boy was not injured, but was cited for not having brakes or wearing a helmet.

Stacey Perry, the head of bicycle safety for the Traffic Safety Unit of the Oakland Police Department, said persuading children to wear helmets is one of her biggest challenges. California requires cyclists under 18 to wear helmets.

“I still have to say it becomes difficult to get teenagers to wear a helmet,” Ms. Perry said. “You want to put every kind of spin possible. To be honest, they really don’t want to hear about the safety part.”

The highway patrol rarely includes whether the rider was wearing a helmet when an accident occurs because the police reports do not provide a checkbox for that information. Only 88 of more than 14,000 records contained information about whether a rider was wearing a helmet.

David Maletsky, a 40-year-old Alameda cyclist who writes for the Cyclelicious blog, said he believes he has never been in an accident because his father often recited the traffic rules to him from the driver’s seat of his truck. Mr. Maletsky now does the same while driving with his 9-year-old son.

“Young people are learning all the time,” Mr. Maletsky said, “whether you are teaching or not.”

A few weeks after Brandon Sorensen’s accident, Bonnie Wehmann, the East Bay Bicycle Coalition’s education director, led a three-and-a-half-hour workshop in an Alameda church basement, offering instruction on equipment, safety and the law.

Ms. Wehmann’s workshop drew mostly adults, but a few teenagers went with their parents.

“To be honest, we really wanted to do the workshop after the accident happened,” said Judy Kleppe, who came with her son Will Schmidt. “The more knowledge about it we have as parents, the less fear we’ll have letting them go out there.”

Will, 15, said he learned where to ride to make himself more visible to motorists and how to avoid open car doors. He said he was still confident he could protect himself despite accidents like the one that killed Brandon.

“I know how rare it is,” he said of such collisions. “It doesn’t make me want to stay off the roads.”

Hundreds of community members turned out last week for Brandon’s memorial service. They filled every chair and lined the Lincoln Middle School gymnasium walls three deep. For many students, Brandon was the first person they had ever known to die.

Isaiah Zulu, 12, said he and Brandon were “shooting hoops” the day of the accident. Brandon left on his bike but never made it home. Isaiah was home sick the next day when he heard the news from his mother.

“I just broke into tears,” Isaiah said. “We sat next to each other on the first day of school.”

Mourners heard from Brandon Stanford, a family friend, who said Brandon Sorensen had saved up for a new bicycle by doing odd jobs around the neighborhood. He kept his money in a plastic bag and had recently sold two old bicycles on Craigslist.

When the Sorensens spotted the perfect Italian touring bike at a garage sale recently, they called their son and said the owner was asking for $50.

Offer him $40, he said, according to Brandon Stanford. Through their tears, the mourners laughed.

Brandon was riding that bike the day he died.

slupkin@baycitizen.org

Why Tracking BP Worker Deaths Is Tricky

by Sydney Lupkin
ProPublica, Oct. 27, 2010, 3:22 p.m.

Our coverage of BP this week examined the company’s role in the industry, comparing it with other oil giants in terms of production, spills and worker-safety violations. One thing we had to leave out was worker fatalities.

That’s because of a quirk in how OSHA, the federal agency charged with protecting workplace safety, keeps track of the information: OSHA lists deaths according to the company that employed the dead workers, not by the company responsible for their deaths.

Take, for example, the 2005 explosion at a BP refinery in Texas City that killed 15 workers. A search for database records of the accident revealed that OSHA cited BP for hundreds of violations and millions of dollars in fines. However, if you search through BP’s OSHA records, you will find no death in that blast attributed to BP.

An OSHA spokeswoman said the agency tracks fatalities by primary employer because it is that employer’s job to train the worker and keep the workplace safe.

According to the agency’s records, the 15 workers who died in Texas City were employed by one of four companies that did work at the refinery: JE Merit Constructors, Inc., Fluor EPCM Services, Inc., TRS Staffing Solutions, Inc. or General Electric International, Inc. The workers’ primary employers were not cited or fined for the accident, and there is no field to link the death listings to the responsible party, BP.

When we couldn’t find any deaths in the Texas City explosion records, we went back to OSHA for help. After two weeks, an OSHA spokeswoman showed us records under the subcontractors’ names. Although those online subcontractor records mention BP in accident descriptions, no such mentions exist in the searchable database to link to BP’s records.

That means it’s virtually impossible to compare companies when it comes to worker deaths, because you would have to know the names of every contractor and subcontractor at the facility on the day of each accident. OSHA offered a tedious solution: Find records coded as “fatality/catastrophe” and search close to the accident date by location to find related contractor deaths. That didn’t work because, for some reason, not all fatal accidents are coded as accidents. For instance, the Texas City Refinery explosion was coded as a “referral” on the record created the date it occurred.

We didn’t find a solution from other agencies. The Texas Department of Insurance, which handles workers’ compensation in Texas, doesn’t track deaths by responsible party either. Fatalities are reported to the department by the employer, “not necessarily the location where a death occurred,” a spokesman told us.

Tracking worker deaths in the future may be easier. OSHA says it’s replacing its decades-old tracking system with one that will link deaths to owners. It plans to have the new system up next year.

.

A bird’s eye view of the wreckage at the BP facility in Texas City on March 24, 2005, one day after an explosion killed 15 contractors on site. (William Philpott/AFP/Getty Images)

Job losses fuel surge in state races

 

The Lowell Sun

 

Updated: 05/30/2010 06:41:51 AM EDT

 

By Sydney Lupkin

Special to The Sun

BOSTON — No one could be faulted for thinking Massachusetts is on the crest of a political sea change.

This fall’s legislative elections may be the most competitive in two decades. Scores of Republicans and independents are taking on longtime Democrat incumbents. This new posse of challengers, following on U.S. Sen. Scott Brown’s upset victory and the rise of the Tea Party movement, has pundits talking about an extraordinary voter revolution.

But the state has seen this before. When the economy is down and unemployment is up, there is often a surge in political competitiveness.

A Boston University Statehouse Program review of election data going back to 1976 found that concerns about the economy can heighten voter anger about other issues, such as corruption and ineffectiveness, and mobilize citizens to challenge the political status quo.

Such was the motivation for Ed McGrath, a 50-year-old Framingham attorney.

McGrath, a Republican, is challenging Democratic veteran state Sen. Karen Spilka because of the Legislature’s “refusal to make tough choices” about trimming state payrolls and health-care costs.

“It should have been done three years ago,” he says.

Rising unemployment has become a major factor in a number of elections in the past three decades:

* When the state’s unemployment rate peaked at 11.1 percent in January 1976, 579 people ran for the 280 seats that existed


then in both the House and Senate. The Legislature was reorganized to 200 seats in 1978.

* Conversely, when the unemployment rate hovered around 3 percent in 2000, only 314 people ran. Only 40 percent of the seats were subject to competitive races. In the past 30 years, the level of competition has averaged around 47 percent of House and Senate seats in each election.

* In 1982, with state unemployment at 7.3 percent, 114 seats, or 57 percent of the Legislature, were contested.

* In 1992, with unemployment at 8.1 percent, the “It’s the economy, stupid” mood that swept President George H.W. Bush out of office saw 451 candidates for the Legislature. Sixty-nine percent of seats were contested.

Arguably the most competitive campaign cycle in more than three decades came in 1990 at time when the state was leading the nation into the 1991-92 recession. Although unemployment was at 5.8 percent, state revenues had fallen dramatically over the past two years, forcing tax increases and spending cuts. With the state’s bond rating reduced to near-junk status, there were contested elections for 148 seats or 74 percent of the Legislature.

By contrast, times of low unemployment have seen a drop off of political involvement. During the height of the high-tech boom in 1996, with unemployment at 4.2 percent, only 80 seats — 40 percent of the Legislature — were contested.

In 2006, with unemployment at 4.4 percent, 61 seats, or 30 percent, were contested. Two years ago just 49 seats, or 25 percent of the House and Senate, had more than one candidate.

Pam Wilmot, executive director of Common Cause Massachusetts, a nonpartisan, good-government organization, said fewer Republicans ran in 2008 because they were “demoralized” after Gov. Deval Patrick’s election.

George Bachrach, a former state senator and Democratic Party activist who heads the Environmental League of Massachusetts, blames a decades-long growing public disenchantment with all things political.

“We’ve had about 30 years or more of declining public interest, confidence and respect for government and public service,” he said.

Wilmot agrees. “I do think that over a period of time, there has been a lot of grief that’s been associated with running for office and not as much respect or admiration for job,” Wilmot said. “A lot of people say, ‘Why bother? My skin isn’t that thick.'”

Today’s situation has changed dramatically since 2008. As the state’s unemployment rate sputtered above 9 percent and incumbency became a negative word, 34 legislators announced they would retire or seek other office.

Secretary of State William Galvin’s office said that as of Tuesday’s filing deadline, 426 people have qualified to run in the fall — 92 candidates for Senate and 334 candidates for the House.

Even the state’s long-safe all-Democratic congressional delegation is under challenge. Nine of the state’s 10 reps will face challengers in November.

And while many new candidates say Scott Brown’s victory wasn’t their only incentive to run, they say it showed that success over the status quo is possible.

“It empowered people to feel like they can make a difference,” said Shaunna O’Connell, a 40-year old court reporter from Taunton running for state representative from the 3rd Bristol District.

Wilmot sees the bumper crop of candidates as a healthy turn of events.

“It’s a good thing. That’s how democracy works,” she said. “Newcomers claim they can do a better job. All the power comes from the people and one of the very most important ways of showing that is by having a real choice on election day.”

But, two years after their 1990 victories, many of the challengers themselves were removed from office when their actions didn’t reflect the views of their districts.

“By 1992, practically every single person who won was unseated,” Wilmot said.

Editor’s Note: Research for this story was based on data from state records, including Public Document 43, and unemployment data from the Bureau of Labor Statistics. The study was led and written by Sydney Lupkin, with research and reporting by Stephanie Bergman, Amanda Fakhreddine, Aviva Gat, Laura Krantz and Wei Lu. All are students in The Boston University Statehouse Program.

Read more: http://www.lowellsun.com/news/ci_15193714?source=rss#ixzz0pQeuZfs9

Political campaigns are eating well

Political campaigns are eating well

By Sydney Lupkin/Daily News correspondent
Posted Jun 23, 2009 @ 10:37 PM

If eating well is a recipe for political success, Massachusetts’ state senators are spending well, too.

Campaign spending records compiled by the Office of Campaign and Political Finance show senators spent $203,406 of campaign funds at a range of eateries around the State House – from Dunkin’ Donuts to the more upscale Scollay Square restaurant, and it’s all legal.

Sen. Steven Baddour, D-Methuen, billed his campaign for double lunches or dinners. On June 2, 2008, he expensed one dinner with supporters at Joe Tecce’s in Boston’s North End and another at the Sweetheart Inn in his hometown of Methuen, according to an analysis of campaign finance data.

Baddour spent $12,866 in campaign funds on food and drinks last year with 58 of the 71 meals listed for staff or supporters.

Senate President Therese Murray spent $13,995 on food and drink in 2008. Jack Hart, D-South Boston, spent $52,867.

Baddour, Hart, and Murray’s campaign and press offices did not respond to repeated requests for interviews.

Campaign finance law allows candidates to use campaign funds for food if they can demonstrate a political need.

“The candidate has to determine whether paying for dinner enhances their political future,” said Jason Tait, spokesman for the Office of Campaign and Political Finance. “It’s a pretty generalized portion of the law, but it says a candidate can make expenditures…so long as it’s not personal.”

For instance, paying for a family dinner would be personal and therefore inappropriate, Tait said. A lunch with supporters to discuss campaign strategy would not.

So it’s understandable that the Scollay Square restaurant, down the street from the State House, topped the list of eateries frequented by senators in 2008. Collectively, they visited 53 times – about once a week – and spent $8,047 in campaign funds.

“Politicians come for various reasons. I can never tell if they’re conducting a business meeting because their friends are the same as their colleagues,” said Scollay Square manager Christina Braga.

Scollay Square, which pays homage to the tawdry entertainment district that used to occupy Government Center, fills a niche on Beacon Hill because patrons can dine well without “breaking the bank,” Braga said.

Restaurant owner Chris Damian said his business is largely dependent on what’s going on in the State House. Election years are often slower because politicians are in their districts campaigning, he said.

Damian wasn’t surprised about the use of campaign contributions at one of his restaurants. He’s personally contributed to campaigns three times since 2005, the most recent of which was $250 last September to Rep. Paul Donato.

When asked where he expects contribution money to go, Damian said, “Usually right back to my restaurant.”

Sen. Joan Menard, D-Fall River, was one of the senators who visited Scollay Square most frequently in 2008, with nine visits costing her campaign a total of $1,314.

“It’s more that they end up going there after work a lot,” said Kristen Centrella, Menard’s chief of staff. “After work is a little more social than work-related.”

Centrella was not able to comment on campaign spending, however, because of the legal separation between legislator’s campaigns and State House offices.

The 21st Amendment, a restaurant bar across the street from the State House, placed second in popularity with campaign expenditures of $1,724 over 31 separate visits in 2008. Senators spent a total of $12,135 over 18 visits at Joe Tecce’s. The owners of both restaurants declined comment.