At least one member of the city's Board of Supervisors does not currently reside in his district. But unlike his colleague Ed Jew , whose residency in District 4 has come under suspicion, District 8 Supervisor Bevan Dufty is not being asked to prove that he lives where he says he lives.

Questions regarding where Jew, the most freshman member of the board, actually resides sprang up last week amid an FBI investigation into reports that Jew accepted $40,000 in cash from the owners of tapioca drink stores in his district. Jew has said the cash was meant as payment for a permit expediter he recommended the businessmen use, and that he suggested half of the money be spent on projects to benefit his constituents.

City Attorney Dennis Herrera has ordered Jew to provide documentation proving he does indeed live in his district and not in Burlingame, where his wife and child live. Jew has until June 8 to hand over the records; he currently is in China on a planned vacation and will return to San Francisco June 4.

Dufty has been critical of Jew's handling of the fallout from the dual investigations, particularly Jew's stance not to answer any more questions after initially making numerous public comments that raised more concerns than answers about his actions.

"He ought to think very carefully about what his options are and what he should do," Dufty told one news outlet.

Dufty, in fact, has been living outside the District 8 supervisorial boundaries of the Castro, Noe Valley, and Glen Park neighborhoods. For months now he has been crashing in Bernal Heights, part of District 9, with the mother of his baby daughter. Although, on some nights, the single supervisor joked he does stay in his district.

"I have plenty of options," Dufty said last week during a tour of the District 8 house he plans to move into by the end of June.

Dufty's couch surfing began earlier this year after he closed on the Waller Street house in January and sold his former residence in Corona Heights. At the time he had moved into his then-boyfriend's place near the Castro.

But when the two broke up several months back, Dufty found himself without a place to stay in District 8 and was forced to relocate. His moving to an address outside his district, however, did not put him in violation of the City Charter, which states that a member of the board "must continue to reside therein during his or her incumbency, and upon ceasing to be such resident shall be removed from office."

Before he bought his new house, Dufty approached the city attorney's office to inquire about triggering the residency clause, knowing that construction on the building would require him to live elsewhere.

"This is my legal residence. It is my intent to live here. But I had no running water here. It wasn't physically possible to live here," said Dufty.

According to a spokesman, no written waiver was ever issued, but Dufty was verbally advised by the City Attorney's office that he would not run into problems with the charter's residency requirements.

City codes do not define the term "resident," but state election laws specify that "residence" means a person's "domicile." The codes define "domicile" as "that place in which his or her habitation is fixed, wherein the person has the intention of remaining, and to which, whenever he or she is absent, the person has the intention of returning."

One's residence is considered a domicile if that is where they are registered to vote, file their tax returns, register their vehicle, or receive their mail. Dufty has already registered to vote and receive mail at the new address and is in the process of re-registering his vehicle.

Dufty's roommate Mike Clune said, "With the amount of time Bevan is spending at the new house working on it, he might as well be living there."

The Edwardian-styled four story house has been stripped down to its wooden frame to upgrade the plumbing and electrical systems as well as install a new floor plan. Dufty will be moving into the top unit, which is two-floors and has a rooftop deck, while his daughter and co-parent will live in the bottom unit. A gay male couple lives in the second-floor unit.

"I never thought in my life that I would strip a house down to the studs and build it back up to my design," said Dufty, as he showed off samples for the kitchen tiles and cabinets.

Dufty's portion of the house has a ways to go before anyone can begin to move in. Last week contractor Addy Wong , of AW Construction, and his crew had finished putting in the apartment's insulation, which was still visible. Wong also refurbished the

Supervisor Chris Daly has called new Rec and Park Commissioner Michael Sullivan before the board's rules committee. Photo: Jane Philomen Cleland

home of city Treasurer Jose Cisneros and the gay-owned Parker Guest House bed and breakfast on Church Street near Dolores Park.

The house will include three bedrooms, one for Dufty's daughter, himself, and for Clune; two bathrooms, with one sporting a waterless urinal, and an open kitchen and living room space. The trim on the outside will be painted ballerina pink. Eventually, Dufty plans to turn the upstairs attic space into his master bedroom.

"I am moving in at the end of June and I can't wait," said Dufty.

LGBTs eye supe seats

The roster of out politicos expected to be on the 2008 ballot for odd-numbered supervisor seats continues to grow. As the Bay Area Reporter reported online last Friday, May 25, Cecilia Chung, a transgender activist who is HIV-positive, is running to replace Gerardo Sandoval, who will be termed out of his District 11 seat.

Chung announced her decision during the Harvey Milk LGBT Democratic Club's annual dinner Thursday, May 24.

In District 9, where Tom Ammiano is termed out and already running for an Assembly seat, up to five gay candidates are interested in the race. David Campos, legal counsel for the San Francisco Unified School District, said last week he will be resigning shortly from his post to focus on his campaign.

The police commissioner also said once he does formally declare his candidacy he is unsure if he will also step down from the commission.

"There is no legal requirement saying I need to do it," said Campos, who has Ammiano's endorsement in the race.

Others eyeing the race include former candidate Miguel Bustos, Mayor Gavin Newsom 's liaison to boards and commissions; school board member Mark Sanchez; and former Supervisor Leslie Katz, who had thought of taking on Ammiano in the Assembly race but friends said she is now looking at either the supervisor seat or running for a judicial seat.

The list of candidates said to be eyeing the 2010 ballot for even-numbered districts is also expansive. The fight to replace Dufty, who will be termed out that year, is expected to be fiercely fought, not only between political club rivals but interclub allies.

The list of potential candidates includes Rafael Mandelman, a Milk Club executive board member; Scott Wiener, chair of the local Democratic Party and past co-chair of the Alice B. Toklas LGBT Democratic Club; Assistant District Attorney Rebecca Prozan , current Alice Club co-chair; and Laura Spanjian, a past Alice Club co-chair.

Asked at the Milk Club dinner of their plans, neither Prozan nor Spanjian would comment, while Wiener said he is more focused now on running the local Democratic Party. He did add that, "You never know what the future will hold."

Mandelman sounded a similar note, saying, "that is a long time away. Right now I am focused on getting [state Senator] Carole Migden re-elected."

Dufty's opponent in last year's race, Alix Rosenthal , who has said she plans to run again, said last week that, "It would be premature for me to announce now. I will say I loved running for office."

In District 6, where Chris Daly will also be termed out, Milk Club board member Debra Walker, who is president of the city's Building Inspection Commission, is interested in running. Milk Club President Brian Basinger, head of the AIDS Housing Alliance, is another potential candidate.

He wouldn't deny he is interested in replacing Daly, saying only that, "I want to make sure the strongest advocate people with AIDS can have as an advocate is on the board, for sure."

Entertainment Commissioner Terrance Alan is also looked at as a possible candidate. Asked recently if he would run, Alan said he is "completely flattered" but hasn't "given it any serious consideration." If he did enter, he said he would do so not to win but to raise concerns about late night and entertainment issues.

"I don't think a pro-fun, pro-nightlife person can win against more conservative elements, who are the people who tend to vote," he said.

Gay chair for aging board

Members of the city's Commission on Aging and Adult Services elected Castro resident Gustavo Serina as their president on May 2, making the former chair of the Eureka Valley Promotion Association the first openly gay person to lead the commission.

Appointed by Mayor Gavin Newsom to his seat, Serina would not disclose his age, saying only that he "isn't a senior yet, technically." According to a Google search, he will turn 59 this year.

He said he wants to use his term as president to raise the profile of Openhouse, the local agency trying to build LGBT senior housing, and ensure LGBT seniors' needs are addressed.

"We tend to ignore older people in our community," said Serina, who married his partner, Bob Melbourne , in City Hall in 2004. "My goal is to ensure the city provides the best possible services for needy seniors and adults with disabilities and to particularly look at the long hidden gay and lesbian senior population, many of whom remain closeted and isolated."

Other gay-run policy bodies, like the health and police commissions, have bucked Newsom's orders in recent weeks. Health commissioners refused to make any cuts in their budget, and police commissioners passed over Newsom's pick to be their new president and instead elected transgender activist and business executive Theresa Sparks.

Serina, who serves at the pleasure of the mayor, is likely to be more of a team player, especially when it comes to fiscal decisions.

"I would rather we make the cuts rather than have the mayor's office make them for us," he said. "It is a strategic thing. You can not make the cuts and hope you prevail or make the cuts and not have someone make them for you."

Political tit-for-tat?

Newly sworn-in Recreation and Parks Commissioner Michael Sullivan has yet to attend his first meeting, but already, his being appointed to the oversight body is drawing criticism, mainly from District 6 Supervisor Chris Daly.

Daly and Sullivan, who is openly gay, have sparred before over housing and tenants rights issues, with Daly being more pro-renter and Sullivan decidedly more pro-homeowner. Sullivan founded and chairs the moderate political group Plan C, which backed Rob Black during Daly's re-election race last year.

Now Daly has called Sullivan before the Board of Supervisors' Rules Committee today (Thursday, May 31, at 10 a.m. in City Hall, room 263) in order to question Mayor Gavin Newsom's appointee on his worthiness of being a parks commissioner. The full board can overturn Newsom's picks by a two-thirds vote. Along with Sullivan, re-appointed parks commissioner Jim Lazarus will also have his credentials scrutinized.

Daly did not return a call seeking comment Tuesday.

Sullivan, the first out person to sit on the commission in three years, demurred when asked if he thought Daly's action was political tit-for-tat due to his actions as Plan C chair.

"I think I am going to leave it to others to speculate about why Supervisor Daly has called me before the rules committee," he said. "What I want to do is take the high road. I am happy to speak before the committee about my credentials and my passion and commitment for the city's parks."

The Neighborhood Parks Council sent out an emergency alert earlier this week calling on Sullivan's supporters to attend the meeting and speak on his behalf. The e-mail noted that Sullivan served on the Friends of the Urban Forest board for 12 years, including as chair, and served on the Urban Forestry Council for two years.

Sullivan, a trained arborist, also published the book Trees of San Francisco in 2004. The parks council e-mail argues that his "knowledge and concern for trees will be a welcome addition to the RPD Commission, given that the trees in San Francisco's parks are on the decline with no funding for their attention."

Isabel Wade, executive director of the parks council, is quoted in the e-mail as saying, "Here is an appointment for the RPD Commission who has his roots in the neighborhoods and our immediate environment as city residents, with a strong track record to support his interest – the green that we all experience right outside our door on the streets and in the neighborhood parks. I offer my strongest praise and recommendation for this stellar candidate."

Dufty also praised Sullivan's credentials and vowed to fight against his removal from the parks commission. He suggested Daly might be interested in asking both commissioners what their stances are on running the city's golf courses, which are a drain on the city's general funds.

"I think Mike is incredibly well qualified. I am going to go full out to see that his nomination is accepted and not rejected. I am confident we will approve him," said Dufty. "I would say to my colleagues that take issue with Plan C's positions, even if you do, one of the best things in the world would be for Mike to have to roll up his sleeves and be in the real world situations we are."