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Posts Tagged ‘THE WASHINGTON POST’

STOP INSURANCE RIP-OFFS

In Bureaucracy, Business, Law, Law Enforcement, Social commentary on January 6, 2016 at 1:58 pm

An insurance company suspends your medical coverage for months—or longer.

You’ve faithfully paid all premiums for your medical insurance—and have the records to prove it. But the company doesn’t care.

Think it can’t happen to you?  It did to a couple I’ll call Diane and Mike.

Mike worked as a paralegal for a Los Angeles law firm. He was getting health insurance for himself and his wife, Diane, under a COBRA arrangement.

COBRA stands for Consolidated Omnibus Budget Reconciliation Act of 1985. It’s a Federal law that was passed by Congress and signed by President Ronald Reagan.

One of its provisions creates an insurance program giving some employees the ability to continue health insurance coverage after leaving employment.

But a COBRA can sometimes act the same way the deadly poisonous snake does—with unpredictable and lethal results for those depending on it.

In this case, after Mike left his law firm to work at another, he found the COBRA didn’t operate as it was supposed to.

A snafu developed, involving

  • the COBRA management company,
  • the hospital where Mike and Diane had long been patients, and
  • Mike’s former employer.

Each of these institutions blamed the other for failing to provide appropriate information.

So the insurance company suspended Mike and Diane’s health insurance–completely ignoring their medical needs.

Of course, for most people who have dealt with an insurance company, this won’t come as a surprise.  Insurance companies aren’t in business to do good. They’re in business to make money.

Then, one day, Diane called me on an unrelated matter. During the conversation, she let slip the suspension of her medical insurance.

I was stunned at the news–and outraged when she said this had been going on for six months.

At once, I offered my services as a troubleshooter. She accepted.

I decided to call the office of my State Assemblyman. In California, the 80 members of the Assembly serve two-year terms, and are limited to being elected three times.

The 40 members of the State Senate serve four-year terms, and can be elected twice.

Because they face re-election sooner, members of the Assembly must stay closely attuned to resolving their constituents’ problems. That’s why they employ staffers who are experts at navigating through the maze of State agencies.

California State Capitol Building

And State Senators make certain their offices are equally well-staffed with such experts. 

When I called my Assemblyman’s office, I didn’t ask to speak with him. I knew I was too politically unimportant to rate a direct chat at that level. And I didn’t need to talk with him, anyway.

I simply told the secretary that I wanted to speak with the office’s specialist on insurance.

California has an Insurance Commissioner who directs the state’s Department of Insurance. The mandate of this agency is to license, regulate and examine insurance companies.

Soon I was speaking with Frank, the Assemblyman’s expert on insurance matters. I quickly explained the problem my friends were having. And, to my surprise, I found that he and I hit it off right away.

Frank said he had a friend–Steve–who worked as an investigator for the Department of Insurance. Then he generously offered to put me through to him. I thankfully accepted.

Soon Steve and I quickly found ourselves getting along well. Then he asked me: “What’s your friend’s number?”

Diane hadn’t authorized me to give her number to anyone, but I decided to forward it. If Steve was that interested in examining their problem, I wasn’t going to throw a damper on his enthusiasm.

Soon Steve and Diane were discussing the situation.

The insurance company Mike and Diane were relying on was, like many such companies, registered in Florida.  But, in order to legally do business in California, it had to obey the laws of the State of California.

And California laws forbade exactly the sort of behavior this company was engaging in.

And shortly after that conversation, Diane’s insurance company got an unexpected call from the Insurance Commissioner’s office.

The message was simple–and blunt: Restore that coverage–now.

And, within 48 hours, it had been fully restored.

There are several important lessons to be learned here:

  • Maintain accurate records of all your premium payments. And keep them accessible–as in file folders, a safe deposit box or an online file.
  • Don’t let your insurance company victimize you. Once you’ve paid your premium, you’ve lived up to your part of the arrangement. Now it’s their obligation to provide the medical care you need.
  • Know the names, addresses and phone numbers of your representatives–at local, state and Federal levels. Websites such as http://www.govspot.com/ and http://www.capweb.net/ will instantly provide this information–and a great deal more.
  • Know the name, address and phone number of your state Insurance Commissioner.
  • If your elected representatives can’t or won’t assist you, complain to the news media. Start with the local newspapers and TV stations. If that doesn’t work, try the Internet.
  • If the agencies that are supposed to help consumers won’t aid you, make them part of your complaint to the media.
  • If you’re disabled and/or have children who are affected by the insurance cut-off, play up this angle in your contacts with public agencies and/or the media.
  • If all else fails, consider filing a lawsuit against the insurance company.

WHY CITIZENS DESPISE GOVERNMENT

In Bureaucracy, History, Law Enforcement, Politics, Social commentary on January 5, 2016 at 12:01 am

The quickest way of opening the eyes of the people is to find the means of making them descend to particulars, seeing that to look at things only in a general way deceives them.…

-Niccolo Machiavelli, The Discourses

One morning at about 8:10, a friend of mine named Robert heard a helicopter repeatedly buzzing the San Francisco Tenderloin area, where he lived.

Thinking that a fire or police action might be in the works, he called the non-emergency number of the San Francisco Police Department (SFPD): (415) 553-0123.

Police dispatcher

And he got a recorded message.

This told him–in English–what he already knew: He had reached the San Francisco Police Department.

Then it told him this again in Spanish.  Then again in Cantonese. Then came a series of high–pitched squeals–presumably for those who are hard-of-hearing.

Then the line went dead, and another recorded voice told Robert: “If you’d like to make a call, please hang up and try again.”

At that point, Robert decided to waste no more time trying to learn if there was an emergency going on in his area.  Or, to put it more accurately, he decided to waste no more time trying to learn this from the SFPD.

Instead, Robert turned on his TV and checked all the local news channels.  When he didn’t see anyone reporting a raging fire or police sealing off an area, he decided there probably wasn’t anything to worry about.

But later on he decided to call the SFPD once again–to complain at a level he believed would attain results.

That level was the office of its chief, Greg Suhr.

Robert didn’t expect to reach the chief himself.  But he didn’t have to: Reaching Suhr’s secretary should serve the same purpose.

The secretary he reached turned out to be a sworn officer of the agency.  She patiently heard out Robert’s complaint.  And she totally agreed with it.

She also agreed that this was a longstanding problem with the SFPD–citizens not being able to get through for help because of an ineffective communications system.

Finally, she agreed with Robert that the situation counted as a major PR disaster for her agency.  People who become disgusted and/or disillusioned with a police department’s phone system aren’t likely to trust that agency with their cooperation–or their lives.

Then she had a surprise for Robert: Like him, she had at times been unable to reach a live dispatcher–even when calling 9-1-1.

She added that the police department did not handle its own dispatch work.  This had been farmed out long ago to the San Francisco Department of Emergency Management (SFDEM).

She said that the SFPD didn’t have any control–or even influence–over SFDEM, which operated as an independent agency.

Robert suggested that it was definitely in the best interests of the SFPD for someone at its highest level to contact SFDEM and demand major reforms. Or to find another agency that would take its dispatcher responsibilities seriously.

The chief’s secretary said she would pass along Robert’s comments to the proper authority.

Will anything change?  Not likely, barring a miracle.

There are few events more frightening and frustrating than having to call the police, fire department or paramedics during an emergency–and get a recorded message.

Whether intended or not, the message this sends the caller can only be: “Your call is simply not important to us–and neither are you.  We’ll get to you when we feel like it.”

When people call the police or fire department, they’re usually frightened–for themselves or others.  They know that, in a fire or crime or medical emergency, literally every second counts.

It’s going to take the police or fire or paramedics several minutes to arrive–assuming they don’t get caught up in a traffic snarl.

And it’s going to take them even longer to arrive if it takes the caller several minutes to reach them with a request for help.

This is the sort of bread-and-butter issue that local authorities–who operate police and fire departments–should take most seriously.

Mayors and council members should not expect to be treated with respect when their constituents are treated so disrespectfully in a time of crisis.

And citizens aren’t stupid.  They can easily tell lies from truths.

Lies such as: “We’d like to put in a new communications system, but we can’t afford it due to budget cuts.”

And truths such as: While San Francisco faced a $229 million deficit for the fiscal year, 2012, it nevertheless found

  • Monies to tap after the San Francisco Giants won the 2011-12 World Series, 4-0.
  • Monies to decorate various San Francisco buildings (such as the airport) with the orange-and-black colors of the Giants.
  • Or with the Giants logo.
  • Monies to throw a day-long party for the victorious Giants on October 31–Halloween.

San Francisco Airport–decked out with San Francisco Giants colors

So, in the end, it all comes down to a matter of priority–for both citizens and their elected leaders.

As Robert F. Kennedy once said: “Every nation gets the kind of government it deserves–and the kind of law enforcement it insists in.”

THE MOTHER OF ALL NEW YEAR’S EVES

In History, Social commentary on January 4, 2016 at 12:56 am

New Year’s Eve, 2015, now lies behind us.

But for those who consciously lived through December 31, 1999, there will never be another New Year’s Eve like it.

New Year’s Eve is traditionally a time for people to reflect on the major events of the previous 12 months. Some of these are highly personal. Others have been shared by the entire country.

Some of these remembrances inevitably bring pleasure. Others bring pain.

But at the heart of every New Year’s Eve celebration is the fantasy that you get to start fresh in a matter of hours. And with that fantasy comes hope–that, this time, you can put your sorrows and failures behind you.

New Year’s Eve, 1999, was marked far more by apprehension and fear than joy.

  • Fear of Y2K–that our highly computerized, globally-interconnected world would crash when the “19″ at the start of every year was replaced with a “20″.
  • Fear of Armageddon–that Jesus, after dying 2,000 years ago, would return to destroy mankind (except for those 144,000 righteous souls He deemed worthy of salvation).
  • Fear of the Millennium itself–of ending not simply another decade and century but an entire thousand-year period of history, and thus losing our historical ties to the familiar highlights of our own (and America’s) past.

And, especially where Y2K was concerned, news commentators were quick to stoke our anxieties.

For those living on the West Coast of the United States on December 31, 1999, the day began with news reports of celebrations of the New Year in such distant countries as Australia and New Zealand.

“So far,” each of these reports ended, “there have been no reports of Y2K-related outages.”

But the underlying message was clear: Stay tuned–it could still happen. And this message kept blaring for the rest of the day and into the evening.

Long before New Year’s Eve, TV newscasters repeatedly warned that, when midnight struck on January 1, 2000, the three places you did not want to be were:

  • In an airplane.
  • In an elevator.
  • In a hospital.

Countless numbers of people in America and around the world stocked up on food, water, batteries and other essentials for surviving an emergency.

Merchants and police feared widespread rioting and violence. If Y2K didn’t set it off, then fears of a heaven-sent Apocalypse might.

In San Francisco, along Powell Street–a major center of tourism and commerce–store owners boarded up their doors and windows as New Year’s Eve approached. Many closed earlier than usual that day.

At 9 p.m. California time, a friend of mine turned off a VCR and turned on a local news station to watch celebrations–or chaos–unfold in New York City.

If the lights went off in New York at midnight Eastern time, then, in three more hours, the same would happen in California.

When he saw lights glittering in Times Square, he felt reasonably certain that Y2K would probably be a dud.

Fortunately, no Y2K disasters occurred.

Three people I know decided to throw an “End of the World” party. They didn’t believe the world was coming to an end. But they decided to throw an “absolute last blast” party as though it were.

Among the items they stockpiled for this occasion:

  1. Country pork spareribs
  2. Yams
  3. Crabs
  4. Apple cidar
  5. Black olives
  6. Fresh cranberries
  7. Avacodos
  8. Chocolate chip ice cream
  9. Lambrusco
  10. Gin and tonic water
  11. Root beer
  12. Smoked cheese
  13. Artichoke hearts
  14. Pumpkin cream mousse cake
  15. Chocolate cake
  16. Pickles
  17. Asparagus

It was definitely an unforgettable night.

New Year’s Eve 1999 is now 16 years distant. But some lessons may still be learned from it:

Each year is a journey unto itself–filled with countless joys and sorrows. Many of these joys can’t be predicted. And many of these tragedies can’t be prevented.

Learn to tell real dangers from imaginary ones. Computers are real–and sometimes they crash. Men who died 2,000 years ago do not leap out of graveyards, no matter what their disciples predict.

Don’t expect any particular year to usher in the Apocalypse. In any given year there will be wars, famines, earthquakes, riots, floods and a host of other disasters. These have always been with us–and always will be. As Abraham Lincoln once said: “The best thing about the future is that it comes one day at a time.”

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Don’t expect some Great Leader to lead you to success. As Gaius Cassius says in William Shakespeare’s “Julius Caesar”: “Men at some time are masters of their fate. The fault, dear Brutus, is not in our stars but in ourselves that we are underlings.”

Don’t expect any particular year or event to usher in your happiness. To again quote Lincoln: “Most people are about as happy as they make up their minds to be.”

If your life seems to make no sense to you, consider this: The philosopher Soren Kierkegaard once noted: “Life can only be understood backwards, but it must be lived forwards.”

HELL IN THE RENTERS’ PARADISE: PART THREE (END)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on January 1, 2016 at 12:57 am

Slumlords would have everyone believe that San Francisco is a “renters’ paradise.”  A place where hard-working landlords are routinely taken advantage of by rent-avoiding bums who want to be constantly pampered.

On the contrary: It’s not renters who hold “untouchable” status, but slumlords themselves.

If you doubt it, you need only review the case of slumlords Kip and Nicole Macy.  They waged a two-year war on their rent-paying tenants to force them out of their South of Market building.

The reason: The Macys wanted to get them out of their rent-controlled apartments so they could rent these out to tenants who could afford extortionate rents.

For two years, the police and district attorney’s office stood by while the Macys aimed threats, vandalism, illegal lockouts and violence at their law-abiding tenants.

The Macys have since been convicted and will be sentenced to four years and four months imprisonment.  But this case is a rarity for the San Francisco District Attorney’s Office.

Meanwhile, thousands of San Francisco tenants have lived with rotting floors, nonworking toilets, chipping lead-based paint and other outrages for not simply months but years.

But San Francisco tenants need not be put at the mercy of greedy, arrogant slumlords.  And the agencies that are supposed to protect them need not be reduced to impotent farces.

The San Francisco District Attorney’s Office should create a special unit to investigate and prosecute  slumlords.  Prosecutors should offer rewards to citizens who provide tips on major outrages by the city’s slumlords.

And the San Francisco Department of Building Inspection–which is charged with guaranteeing the habitability of apartment buildings–should immediately adopt a series of long-overdue refirms.

By doing so, it can:

  • Vastly enhance its own prestige and authority;
  • Improve living conditions  for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

In Part 2 of this series I outlined 14 such reforms.  In this concluding column, I will outline the remaining eight:

  1. DBI should order landlords to post their Notices of Violation in public areas of their buildings–on pain of serious financial penalties for failing to do so. When DBI orders a slumlord to take corrective action, s/he is the only person who is notified.   Thus, if that slumlord refuses to comply with those directives, s/he is the only one who realizes it.  Given the pressing demands on DBI, weeks or months will pass before the agency learns about this violation of its orders.  Tenants have a right to know if their landlord is complying with the law.
  2. DBI should launch–and maintain–a city-wide advertising campaign to alert residents to its services.  Everyone knows the FBI pursues bank robbers, but too many San Franciscans do not even know that DBI exists, let alone what laws it enforces.  This should be an in-your-face campaign: “Do you have bedbugs in your apartment?  Has your stove stopped working?  Are you afraid to ride in  your building elevator because it keeps malfunctioning?  Have you complained to your landlord and gotten nowhere?  Then call DBI at —–.  Or drop us an email at ——.”
  3. Landlords should be legally required to give each tenant a list of the major city agencies (such as DBI, Department of Public Health and the Rent Board) that exist to help tenants resolve problems with their housing. 
  4. Landlords should be legally required to rehabilitate a unit every time a new tenant moves in, or at least have it examined by a DBI inspector every two years.  A tenant can occupy a unit for ten or more years, then die or move out, and the landlord immediately rents the unit to the first person who comes along, without making any repairs or upgrades whatsoever.
  5. Landlords should be required to bring all the units in a building up to existing building codes, and not just those in need of immediate repair.
  6. Landlords should be legally required to hire a certified-expert contractor to perform building repairs.  Many landlords insist on making such repairs despite their not being trained or experienced in doing so, thereby risking the lives of their tenants. 
  7. DBI should not view itself as a “mediation” agency between landlords and tenants.  Most landlords hate DBI and will always do so.  They believe they should be allowed to treat their tenants like serfs, raise extortionate rents anytime they desire, and maintain their buildings in whatever state  they wish.  And no efforts by DBI to persuade them of its good intentions will ever change their minds.
  8. Above all, DBI must stop viewing itself as a mere regulatory agency and start seeing itself as a law enforcement one.  The FBI doesn’t ask criminals to comply with the law; it applies whatever amount of force is needed to gain their compliance. Niccolo Machiavelli said it best: If you can’t be loved by your enemies, then at least make yourself respected by them.

As Robert F. Kennedy wrote: “Every society gets the kind of criminal it deserves.  What is equally true is that every community gets the kind of law enforcement it insists on.”

HELL IN THE RENTERS’ PARADISE: PART TWO (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 31, 2015 at 12:01 am

The “war on drugs” has some valuable lessons to teach the San Francisco Department of Building Inspection (DBI) which is charged with protecting tenants against predatory landlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for DBI to apply the same attitude–and methods–toward slumlords.

DBI should become not merely a law-enforcing agency but a revenue-creating one.  And those revenues should come from predatory slumlords who routinely violate the City’s laws protecting tenants.

By doing so, DBI could vastly:

  • Enhance its own prestige and authority;
  • Improve living conditions for thousands of San Francisco renters; and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers

Among those reforms it should immediately enact:

  1. Hit slumlord violators up-front with a fine–payable immediately–for at least $2,000 to $5,000 for each health/safety-code violation.
  2. The slumlord would be told he could reclaim 75-80% of the money onlyif he fully corrected the violation within 30 days.  The remaining portion of the levied fine would go into the City coffers, to be shared among DBI and other City agencies.
  3. This would put the onus on the slumlord, not DBI. Appealing to his greed would ensure his willingness to comply with the ordered actions.  As matters now stand, it is DBI who must repeatedly check with the slumlord to find out if its orders have been complied with.
  4. If the landlord failed to comply with the actions ordered within 30 days, the entire fine would go into the City’s coffers–to be dividedamong DBI and other agencies charged with protecting San Francisco residents.
  5. In addition, he would be hit again with a fine that’s at least twice the amount of the first one.
  6. Inspectors for DBI should be allowed to cite landlords for violations that fall under the jurisdiction of the Department of Public Health.  They can then pass the information on to DPH for its own investigation.
  7. If the DBI Inspector later discovers that the landlord has not corrected the violation within a designated time-period, DBI should be allowed to levy its own fine for his failure to do so.
  8. If DPH objects to this, DBI should propose that DPH’s own Inspectorsbe armed with similar cross-jurisdictional authority.  Each agency would thus have increased motivation for spotting and correcting health/safety violations that threaten the lives of San Francisco residents.
  9. This would instantly turn DBI and DPH into allies, not competitors.  And it would mean that whether a citizen called DBI or DPH, s/he could be assured of getting necessary assistance.  As matters now stand, many residents are confused by the conflicting jurisdictions of both agencies.
  10. DBI should insist that its Inspectors Division be greatly expanded. DBI can attain this by arguing that reducing the number of Inspectors cuts (1) protection for San Francisco renters–and (2) monies that could go to the general City welfare.
  11. The Inspection Division should operate independently of DBI. Currently,  too many high-ranking DBI officials tilt toward landlords because they are landlords themselves.
  12. DBI should create a Special Research Unit that would compile records on the worst slumlord offenders.  Thus, a slumlord with a repeat history of defying DBI NOVs could be treated more harshly than a landlord who was a first-time offender.
  13. Turning DBI into a revenue-producing one would enable the City to raise desperately-needed revenues—in a highly popular way. Fining delinquent slumlords would be as unpopular as raising taxes on tobacco companies. Only slumlords and their hired lackey allies would object.
  14. Slumlords, unlike drug-dealers, can’t move their operations from one street or city to another.  Landlords aren’t going to demolish their buildings and move them somewhere else.

HELL IN THE RENTERS’ PARADISE: PART ONE (OF THREE)

In Bureaucracy, History, Law, Law Enforcement, Politics, Social commentary on December 30, 2015 at 2:32 pm

To hear slumlords tell it, San Francisco is a “renters’ paradise,” where obnoxious, lazy, rent-evading tenants constantly take advantage of hard-working, put-upon landlords.

Don’t believe it.

And in case you’re inclined to anyway, consider the story of Kip and Nicole Macy, two San Francisco slumlords who recently pled guilty to felony charges of residential burglary, stalking and attempted grand theft.

Kip Macy

Nicole Macy

Determined to evict rent control-protected tenants from their apartment building in the South of Market district, they unleashed a reign of terror in 2006:

  • Cut holes in the floor of one tenant’s living room with a power saw–while he was inside his unit.
  • Cut out sections of the floor joists to make the building collapse.
  • Threatened to shoot Ricardo Cartagena, their property manager, after he refused to make the cuts himself.
  • Changed the locks to Cartagena’s apartment, removed all of his belongings and destroyed them.
  • Created fictitious email accounts to appear as a tenant who had filed a civil suit against the Macys–and used these to fire the tenant’s attorney.
  • Cut the tenants’ telephone lines and shut off their electricity, gas and water.
  • Changed the locks on all the apartments without warning.
  • Mailed death threats.
  • Kicked one of their tenants in the ribs.
  • Hired workers to board up a tenant’s windows from the outside while he still lived there.
  • Falsely reported trespassers in a tenant’s apartment, leading police to hold him and a friend at gunpoint.
  • Broke into the units of three tenants and removed all their belongings.
  • Again broke into the units of the same three victims and soaked their beds, clothes and electronics with amonia.

The Macys were arrested in April, 2008, posted a combined total of $500,000 bail and then fled the country after being indicted in early 2009.

In May, 2012, Italian police arrested them and deported them back to America a year later.

Having pled guilty, they were sentenced in September, 2013, to a prison term of four years and four months.

How could such a campaign of terror go on for two years against law-abiding San Francisco tenants?

Simple.

Even in the city misnamed as a “renter’s paradise,” slumlords are treated like gods by the very agencies that are supposed to protect tenants against their abuses.

The power of slumlords calls to mind the scene in 1987’s The Untouchables, where Sean Connery’s veteran cop tells Eliot Ness: “Everybody knows where the liquor is. It’s just a question of: Who wants to cross Capone?”

Many tenants have lived with rotting floors, bedbugs, nonworking toilets, mice/rats, chipping lead-based paint and other outrages for not simply months but years.

Consider the situation at the San Francisco Department of Building Inspection, which is supposed to ensure that apartment buildings are in habitable condition:

  • A landlord is automatically given 30 days to correct a health/safety violation. If he drags his feet on the matter, the tenant must live with that problem until it’s resolved.
  • If the landlord claims for any reason that he can’t fix the problem within one month, DBI doesn’t demand that he prove this.  Instead, it automatically gives him another month.
  • A slumlord has to work at being hit with a fine—by letting a problem go uncorrected for three to six months.
  • And even then, repeat slumlord offenders often avoid the fine by pleading for leniency.
  • That’s because many DBI officials are themselves landlords.

But the situation doesn’t have to remain this way.

DBI could:

  • Vastly enhance its own prestige and authority
  • Improve living conditions  for thousands of San Francisco renters, and
  • Bring millions of desperately-needed dollars into the City’s cash-strapped coffers.

How?

By learning some valuable lessons from the “war on drugs” and applying them to regulating slumlords.

Consider:

  • At least 400,000 rape kits containing critical DNA evidence that could convict rapists sit untested in labs around the country.
  • But illegal drug kits are automatically rushed to the had of the line.

Why?

It isn’t simply because local/state/Federal lawmen universally believe that illicit drugs pose a deadly threat to the Nation’s security.

It’s because:

  • Federal asset forfeiture laws allow the Justice Department to seize properties used to “facilitate” violations of Federal anti-drug laws.
  • Local and State law enforcement agencies are allowed to keep some of the proceeds once the property has been sold.
  • Thus, financially-strapped police agencies have found that pursuing drug-law crimes is a great way to fill their own coffers.
  • Prosecutors and lawmen view the seizing of drug-related properties as crucial to eliminating the financial clout of drug-dealing operations.

It’s long past time for San Francisco agencies to apply the same attitude–and methods–toward slumlords.

In my next column I will lay out how this can be done.

SECRET SERVICE–FULLL SPEED AHEAD TO DISASTER: PART TWO (END)

In Bureaucracy, History, Law Enforcement, Politics on December 29, 2015 at 12:19 am

On the night of September 19, 2014, an Iraq war veteran, Omar Gonzales, jumped the White House fence, ran more than 70 yards across the north lawn, and sprinted just past the north portico White House doors.

Only then was he apprehended by Secret Service agents.

Gonzalez’ short-lived trespass onto White House grounds was one of 143 security breaches–or attempted breaches–at facilities protected by the United States Secret Service (USSS) during during the last 10 years.

Then, less than 24 hours after Gonzalez’s arrest, a second man was apprehended after he drove up to a White House gate and refused to leave.  This triggered a search of his vehicle by bomb technicians in full gear.  Other agents shut down nearby streets.  No bombs were found.

Asked for Obama’s reaction, White House spokesman Frank Benenati gave this boilerplate reply: “The president has full confidence in the Secret Service and is grateful to the men and women who day in and day out protect himself, his family and the White House.”

Yet not all is well in Presidential security.

A newly-released report by the House Oversight and Government Reform Committee found the Secret Service to be “in crisis.”

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The White House

“Morale is down, attrition is up, misconduct continues and security breaches persist,” Rep. Jason Chaffetz, (R-Utah) publicly stated.

“Strong leadership from the top is required to fix the systematic mismanagement within the agency, and to restore it to its former prestige.”

But the blunt truth is that many of the problems now plaguing the USSS were on full display as early as 2009.

That was when well-known investigative reporter Ronald Kessler published his then-latest book, In the President’s Secret Service.

Kessler had previously pubilshed books outlining the inner workings of the White House, the CIA and the FBI.

Kessler praised the courage and integrity of Secret Service agents as a whole.  But he warned that the agency was risking the safety of many of its protectees, including President Obama.

He was particularly critical of SS management for such practices as:

  • Shutting off weapon-scanning magnetometers at rallies for Presidential candidates–and even for Presidents George W. Bush and Obama. 
  • During a speech Bush gave at Tbilisi, Georgia in 2005, an assailant threw a live hand grenade–which failed to explode–at him.  
  • Despite 9/11, Secret Service agents are still being trained to expect an attempt by a lone gunman—rather than a professional squad of terrorist assassins.
  • The Service’s Counter Assault Teams (CATs) have generally been cut back from five or six agents to tworendering them useless if a real attack occurred.
  • Salaries paid to USSS agents have not kept pace with reality. Veteran USSS men and women are now being offered up to four times their salary for moving to the private sector, and many are leaving the agency for that reason.

Secret Service agents protecting President Barack Obama

  • While Congress has greatly expanded the duties of this agency, Secret Service management has not asked for equivalent increases in funding and agents.
  • Many agents are leaving out of frustration that it takes “juice” or connections with top management to advance one’s career.
  • USSS agents are being trained with weapons that are outdated (such as the MP5, developed in the 1960s) compared to those used by other law enforcement agencies and the potential assassins they face (such as the M4–with greater range and armor-piercing capabilities).
  • The Service refuses to ask for help from other agencies to meet its manpower needs. Thus, a visiting head of state at the U.N. General Assembly will usually be assigned only three agents as protection.
  • The agency tells agents to grade themselves on their physical training test forms.  
  • Agents are supposed to be evaluated on their marksmanship skills every three months.  But some agents have gone more than a year without being tested.
  • Some agents are so overweight they can’t meet the rigorous demands of the job. As a result, they pose a danger to the people they’re supposed to be guarding.
  • The Secret Service inflates its own arrest statistics by claiming credit for arrests made by local police.
  • Congressional members who visit the agency’s Rowley Training Center in Laurel, Maryland, are treated to rehearsed scenarios of how the agency would deal with attacks. If agents were allowed to perform these exercises without rehearsals, Congressional members would see they make mistakes like anyone else.

Kessler closes his book with the warning: “Without….changes, an assassination of Barack Obama or a future president is likely.

“If that happens, a new Warren Commission will be appointed to study the tragedy. It will find that the Secret Service was shockingly derelict in its duty to the American people and to its own elite corps of brave and dedicated agents.”

And the effects will be not only momentary but long-term.  As Kessler writes:

“By definition, an assassination threatens democracy.

“If Abraham Lincoln had not been assassinated, Andrew Johnson, his successor, would not have been able to undermine Lincoln’s efforts to reunite the nation and give more rights to blacks during the Reconstruction period.

“If John F. Kennedy had not been assassinated, Lyndon Johnson likely never would have become President.  If Robert F. Kennedy had not been killed and had won the presidency, Richard Nixon might never have been elected.”

SECRET SERVICE–FULL SPEED AHEAD TO DISASTER: PART ONE (OF TWO)

In Bureaucracy, History, Law Enforcement, Politics on December 28, 2015 at 2:37 am

The United States Secret Service (USSS) is “in crisis”–a crisis that threatens President Barack Obama and his successors as President of the United States.

That’s the verdict of a review of the House Oversight and Government Reform Committee.

Since April, 2012, the agency has faced scandal–and scrutiny by the press and Committee. That was when reports first surfaced of agents buying the favors of prostitutes in Columbia.

Even more embarrassing for the USSS were a series of security breaches that potentially exposed President Barack Obama to danger.

As a result, during the last three years, three directors have headed the Secret Service. Numerous agents–including senior officials–have been disciplined, transferred or fired.

For decades, the Secret Service was seen by the press, public and other law enforcement agencies as an elite agency. And the Presidential Protection Detail (PPD) was seen as the most elite part of the agency.

No longer.

Secret Service agents guarding President Obama

Among the findings of the 438-page report:

  • The agency is understaffed and overworked.
  • Its staffing crisis started in 2011 owing to government-wide budget cuts demanded by Republicans.
  • The Secret Service has fewer employees today than it did in 2014, despite recommendations from an independent panel that staffing be increased.
  • There have been a number of undisclosed security breaches–such as in October, 2014, when an unauthorized woman gained access to a Congressional Hispanic Caucus event that Obama attended.
  • In February, two people gained access to the outer security perimeter of the White House.
  • There have been 143 security breaches–or attempted breaches–during the last 10 years at facilities protected by the agency.

“This report reveals that the Secret Service is in crisis,” Rep. Jason Chaffetz, (R-Utah) publicly stated.  “Morale is down, attrition is up, misconduct continues and security breaches persist.

“Strong leadership from the top is required to fix the systematic mismanagement within the agency, and to restore it to its former prestige.”

But the truth is that many of the problems now plaguing the U.S. Secret Service were on display long before the House issued its report.

On September 11, 2001, Secret Service agents literally grabbed Vice President Dick Cheney and hauled him from the White House to a secure facility beneath the Executive Mansion.

As for everyone else who worked in the White House, agents simply threw open the White House doors and ordered: “Run!”

“Women, take off your shoes!” agents shouted–so they could run faster. Frightened Presidential aides were told to remove their White House badges–just in case snipers were lurking nearby.

That was it.

With the World Trade Center and Pentagon in flames, and the White House seemingly next in line as a target, this was the sum total of protection offered White House staffers by the agency considered the elite in Federal law enforcement.

White House staffers fleeing on 9/11

Not knowing what to do, some aides walked home in a daze.

Click here: Amazon.com: Days of Fire: Bush and Cheney in the White House (9780385525190): Peter Baker: Books

(President George W. Bush was not in the White House at the time.  He was reading The Pet Goat to a group of children at Emma E. Booker Elementary School in Sarasota, Florida.)

Three days later, on September 14, Andy Card, Bush’s chief of staff, addressed White House staffers in Room 450 of the Eisenhower Executive Office Building, next to the West Wing.

Card said he understood that “this is not what any of you signed up for when you joined the White House staff.”  And he offered them the chance to resign without anyone–himself or the President–thinking any less of them.

When no one offered to leave, Card let a Secret Service agent offer security advice:

  • Vary your routines to and from work.
  • Watch out for any cars that might be following you.
  • Go to different restaurants for lunch.

At least one member of the audience, Bradford Berenson, an associate White House counsel, knew he wouldn’t be taking that advice.

Like most of the others at the meeting, his name was listed in the local phone book.  A terrorist wanting to kill him need only lurk outside Berenson’s home and open fire when he appeared.

Click here: 500 Days: Secrets and Lies in the Terror Wars: Kurt Eichenwald: 9781451669398: Amazon.com: Books

And that was it, as far as the Secret Service was concerned.

No offers of even temporary escorts by Secret Service agents. No offers to install “panic buttons” in their homes in case of emergency.

In essence: “We’re really glad you’ve decided to serve your country.  But don’t expect us to protect you.  You’re on your own.”

Fast forward 13 years later.

On the night of September 19, 2014, an Iraq war veteran, Omar Gonzales, jumped the White House fence, ran more than 70 yards across the north lawn, and sprinted just past the north portico White House doors.

Gonzalez appeared unarmed as he ran across the lawn–possibly one reason why Secret Service agents didn’t shoot him or release their service dogs to detain him. But he had a small folding knife with a three-and-one-half-inch serrated blade when he was apprehended.

According to a criminal complaint, when he was arrested he told Secret Service agents he was “concerned that the atmosphere was collapsing” and needed to contact the President “so he could get word out to the people.”

SOLDIERING IN AFGHANISTAN: THEN AND NOW

In History, Military, Politics, Social commentary on December 25, 2015 at 3:26 pm

In “Excalibur,” director John Boorman’s brilliant 1981 telling of the King Arthur legends, Merlin warns Arthur’s knights–and us: “For it is the doom of men that they forget.”

Not so Steven Pressfield, who repeatedly holds up the past as a mirror to our present.  Case in point: His 2006 novel, The Afghan Campaign.

By 2006, Americans had been fighting in Afghanistan for five years.  And today, almost ten years into the same war, there remains no clear end in sight–to our victory or withdrawal.

Pressfield’s novel, although set 2,000 years into the past, has much to teach us about what are soldiers are facing today in that same alien, unforgiving land.

Matthias, a young Greek seeking  glory and opportunity, joins the army of Alexander the Great. But the Persian Empire has fallen, and the days of conventional, set-piece battles–where you can easily tell friend from foe–are over.

Alexander next plans to conquer India, but first he must pacify its gateway–Afghanistan. Here that the Macedonians meet a new–and deadly–kind of enemy.

“Here the foe does not meet us in pitched battle,” warns Alexander. “Even when we defeat him, he will no accept our dominion. He comes back again and again. He hates us with a passion whose depth is exceeded only by his patience and his capacity for suffering.”

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Alexander the Great

Matthias learns this early.  In his first raid on an Afghan village, he’s ordered to execute a helpless prisoner.  When he hesitates, he’s brutalized until he strikes out with his sword–and botches the job.

But, soon, exposed to an unending series of atrocities–committed by himself and his comrades, as  well as the enemy–he finds himself transformed.

And he hates it.  He agonizes over the gap between the ideals he embraced when he became a soldier–and the brutalities that have drained him of everything but a grim determination to survive at any cost.

Pressfield, a former Marine himself, repeatedly contrasts how civilians see war as a kind of “glorious” child’s-play with how soldiers actually experience it.

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Steven Pressfield

He creates an extraordinary exchange between Costas, an ancient-world version of a CNN war correspondent, and Lucas, a soldier whose morality is outraged at how Costas and his ilk routinely prettify  the indescribable.

And we know the truth of this exchange immediately. For we know there are doubtless brutalities  inflicted by our troops on the enemy–and atrocities inflicted by the enemy upon them–that never make  the headlines, let alone the TV cameras.

We also know that, decades  from now, thousands of our former soldiers will carry horrific memories to their graves. These memories will remain sealed from public view, allowing their fellow but unblooded Americans to sleep peacefully, unaware of  the terrible price that others have paid on their behalf.

Like the Macedonians (who call themselves “Macks”), our own soldiers find themselves serving in an all-but-forgotten land among a populace whose values could not be more alien from our own if they came from Mars.

Instincitvely, they turn to one another–not only for physical security but to preserve their last vestiges of humanity. As the war-weary veteran, Lucas, advises:

“Never tell anyone except your mates. Only you don’t need to tell them. They know. They know you.  Better than a man knows his wife, better than he knows himself. They’re bound to you and you to them, like wolves  in  a  pack. It’s not you and them. You are them. The unit is indivisible. One dies, we all die.”

Put conversely: One lives, we all live.

Pressfield has reached into the past to reveal fundamental truths about the present that most of us could probably not accept if contained in a modern-day memoir.

These truths take on an immediate poignancy owing to our own current war in Afghanistan.  But they will remain just as relevant decades from now, when our now-young soldiers are old and retired.

This book has been described as a sequel to Pressfield’s The Virtues of War: A  Novel  of Alexander the Great, which appeared in 2004. But it isn’t.

Virtues showcased the brilliant and luminous (if increasingly dark and explosive) personality of Alexander the Great, whose Bush-like, good-vs.-evil rhetoric inspired men to hurl themselves into countless battles on his behalf.

But Afghan thrusts us directly into the flesh-and-blood realities created by that rhetoric: The horrors of men traumatized by an often unseen but always menacing enemy, and the horrors they must inflict in return if they are to survive in a hostile and alien world.

THE GRINCH AS SANTA

In Business, History, Politics, Social commentary on December 24, 2015 at 12:10 am

It’s that time of year again–a time of

  • Christmas trees;
  • Nativity scenes;
  • singing carols; and
  • exchanging gifts with family and friends.

Christmas is special, so, each year, the executives at Fox News find a new way to stir up emotions by resurrecting the “war on Christmas” slander.

Stirring up false controversies is a daily assignment for the alleged reporters of this company owned by Right-wing patriarch Rupert Murdoch.

In 2013, it fell to Fox hostess Megyn Kelly to carry the ball. And she did so on December 11 on “The Kelly File,” her popular Fox News program.

Referring to an article by Slate writer Aisha Harris on “Santa Claus Should Not Be a White Man Anymore,” she said:

“When I saw this headline, I kinda laughed and I said, ‘Oh, this is ridiculous. Yet another person claiming it’s racist to have a white Santa.’

“And by the way, for all you kids watching at home, Santa just is white. But this person is maybe just arguing that we should also have a black Santa. But, you know, Santa is what he is, and just so you know, we’re just debating this because someone wrote about it, kids.”

Of course, Santa Claus is a completely fictional character.  Arguing about his skin color is as pointless as arguing about his weight.

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But Kelly wasn’t content to talk only about Santa.  So she turned next to Jesus, a historical figure about whom we have not a single reference to his appearance, let alone a picture.

“Just because it makes you feel uncomfortable doesn’t mean it has to change. You know, I mean, Jesus was a white man, too,” Kelly said.

“He was a historical figure; that’s a verifiable fact–as is Santa, I want you kids watching to know that–but my point is: How do you revise it, in the middle of the legacy of the story, and change Santa from white to black?”

Santa Claus a verifiable historical figure?  Not even Charlie Brown, in the annually telecast “Peanuts” special, would make that claim.

Two years later, it’s Donald Trump who has claimed center-stage in “defending” Christmas. And the target of his ire?  Starbucks.

In years past, its disposable coffee cups have featured snowflakes, winter scenes, reindeer  and Christmas ornaments.

But this year, Starbucks decided to go with a minimalist, all-red design, its only feature being the company’s green and white logo.

This has angered some religious conservatives, who generally care more about symbols than substance.

It’s the old “war on Christmas” mantra all over again. And Trump–who hopes to win evangelical votes in Iowa and South Carolina–is happy to become its biggest cheerleader.

“I guarantee if I become president, we’re going to be saying ‘Merry Christmas’ at every store,” he promised during a campaign rally in October.

Donald Trump September 3 2015.jpg

Donald Trump

Fast forward to November 9, and the Starbucks “controversy.”  Addressing a crowd of several thousands in Springfield, Illinois, Trump said:

“Did you read about Starbucks? No more Merry Christmas on Starbucks.

“I have one of the most successful Starbucks, in Trump Tower. Maybe we should boycott Starbucks? I don’t know. Seriously, I don’t care. That’s the end of that lease, but who cares?

“If I become president, we’re all going to be saying Merry Christmas again, that I can tell you.”

Trump did not explain how he would coerce non-Christian Americans–such as atheists, Jews and Muslims–to observe a Christian holiday.

Those who insist (whether they believe it or not) that Christmas is an endangered species should consider the following:

  • In 2013, the American retail industry generated over three trillion dollars during the Christmas holidays.
  • These holiday sales reflected about 19.2% of the retail industry’s total sales that year.
  • More than 768,000 temporary employees were hired throughout the United States to help stores cope with the holiday rush.
  • American consumers expected to spend about $704 on average on Christmas gifts.
  • There is no reference anywhere in the Bible to the month–let alone the day–of Jesus’ birth.
  • Jesus never commanded his followers to celebrate his birth–but he did call on them to remember his death.
  • Many of the “religious” traditions associated with Christmas stem from the pagan Roman festival, Saturnalia, which celebrated the “birthday” of the sun.
  • This was celebrated from December 17-25.
  • Saturnalia traditions included feasting, gift-giving, lighting candles (to ward off evil spirits) and displaying wreaths (as a sign of coming spring).
  • Early Christians tried mightily to convince their members to stop celebrating the Saturnalia.
  • When these efforts failed, the Roman Catholic Church, in the fourth century, “Christianised” the festival by naming Saturnalia’s concluding day, December 25, as Jesus’ birthday.

In George Orwell’s classic novel, 1984, Oceania is always at war with Eurasia or Eastasia.  Its citizens are kept in a constant state of frenzy as they’re directed to search for endless “enemies of the state.”

This, in turn, allows the unseen rulers of Oceania to run their dictatorship without interference.

It’s a lesson well-known to hucksters like Donald Trump and the men who run Fox News.