The Board of Supes Land Use and Transportation Committee forwarded to the full board a resolution seeking to end the city’s Supreme Court sewage case against the EPA as the issue has become more and more politicized in this election season.
In fact, two members of the committee specifically called out City Attorney David Chiu, who is pursuing the lawsuit, saying he has created a “false narrative … that reeks of political partisanship.”
The city attorney is an elected official, but for more than 20 years, the City Charter has barred that person from endorsing other candidates for office or getting directly involved in candidate elections.
That’s because the city attorney represents the mayor, the supes, and other city agencies, not all of which are always on the same side of issues. “The city attorney should be unbiased and non-partisan,” Peskin said.
And yet, Peskin said, on Sept. 25 Chiu held a press conference for mostly Chinese language media saying that if the city drops or loses the case, residents could see massive increases in water and sewer rates.
“That is untrue,” Peskin said. “It is not appropriate action for the city attorney and I condemn that.”
Melgar: “The city attorney should stay out of political electoral issues. We have unfortunately seen this is not the case.”
The City Attorney’s Office did not respond to a message seeking comment.
A long line of environmental leaders showed up at the hearing to urge the supes to approve the resolution. Many noted that the city is now on the side of some of the worst polluters in the nation, and is about to give a right-wing Supreme Court the ability to gut the Clean Water Act.
“I am embarrassed for this city,” Peskin said. “We are playing a dangerous gambit.”
Sup. Dean Preston noted that the City Attorney’s Office often discusses with the supes the wisdom of filing appeals in cases that could end up making bad law. “I am perplexed how we got to this point,” he said.
Preston asked Deputy City Attorney is the city and the EPA had tried to settle the case. Yes, she said, but those discussions didn’t lead to an outcome the city could accept. There are no further talks scheduled.
Preston than asked whether SF’s representatives in Washington could help intervene. “Let’s get mediation on the calendar,” he said.
Meanwhile, Sup. Matt Dorsey held a press conference denouncing the resolution, and saying it could lead to a “ten-fold water rate hike.” That line is now repeated by Neighbors for a Better San Francisco Action, funded by a billionaire who routinely funds Republican candidates for national office.
It’s being used to attack Melgar and Sup. Connie Chan, who are both running for re-election.
So now this will be an issue for the full board Tuesday/8.
