Transcripts For SFGTV BOS Budget And Finance Committee 22317 20170303

14616, to reflect the addition of 13 new positions in fiscal year 201617 and additional two new positions in fiscal year 20172018. Thank you very much, this item was continued from two weeks ago. Supervisor fewer is the sponsor for this item and i want to give the mic to her. Thank you very much. Supervisor cohen. Colleagues, i know you have heard loud and clear that peoples lives are at stake and that our immigrant communities are living in fear. I know that you understand the urgency of this issue, but today i want to again speak of why immigrant Legal Defense through the office of the public defender is the right choice for the city and county of San Francisco. We have seen executive orders and directives that explicitly target immigrant communities and we have seen i. C. E. Raids in cities and were living in a new era, an era allowing the president of the United States those without documentation are especially under threat and those there detention are awaiting their fate. But San Franciscos intervening and telling trump no to his threat of withholding funding from sanctuary cities and our communities are getting organized to protect immigrant families. We can, and should do more by funding the office of the public defender. Over 90 communitybased organizes and labor and unions and professional associations and clicks have endorsed this legislation as has the majority of the board of education and the College Community board and this is testament to broad support because they know these are people who are actually living within our community and people who are childcare workers and the students, the parents of students that we represent, and serve. These people are actually in our community and they are under threat. The San Francisco chronicle urges to vote in support of this funding and we would be following the footsteps not only new york city, but also recently Alameda County and with that said, i have heard my colleagues kerks concerns about proposal and suggest the following amendments one change the number of positions in the amend to the annual salary ordinance from 13 to 8 in the Public Defenders Office for the current fiscal year and that would allow one attorney four attorney twos legal asants and one clerk. I have worked with mr. Adachi our public defender to come up with the number that allows the officer to build the new legal unit with the capacity to take on 200300 new cases annually and provided cost analysis of the positions from the controllers office. 2, the cost of hiring these eight position in thes the current fiscal year is approximately 183,000, assuming a may 1st startdate and there is enough money in salary savings in the Public Defenders Office to cover the cost of these positions. 3, im withdrawing the sales resultal legislation from the next fiscal year as i have heard from my colleagues a desire to include the funding as part of the mayors boards budget deliberations for the next fiscal year and 4 finally i propose that we accept the recommendation from the b budget and lal report in order for us to evaluate the program and the need ongoing. Colleagues i know that you support the idea of this legislation, and that we have shared values to protect our immigrant communities. I know you are not antiimmigrant and its important this funding will speak volumes and to address the concerns that i have heard and im asking for your support on these suggested amendments today. I applaud the efforts of the city of San Francisco for funding communitybased organizations. But i remind my colleagues this funding is for those who are currently incarcerated, who are currently being detained in detention facilities. Thank you, colleagues, for your consideration. San francisco public defender jeff adachi and his staff are here to answer any questions. Thank you. Thank you very much for your passionate opening remarks. I would like to do two things. First i want to call up the Mayors Office to make a brief presentation and to also recognize the public defender, jeff adachi, if you would like to make any additional remarks, so inviolate him to do. Good morning, pleased to be with you this morning to share some of the engagement that the Mayors Office has had with the Philanthropic Community about this issue supporting immigration and immigration services. Beginninging in early november, obviously after the election, the Mayors Office has been in contact with several philanthropic groups to seek out and understand their interest, as well as to share what the city is planning and what the city will be doing with regards to immigration support and when i say Philanthropic Community to be clear, with the Mayors Office having several meetings with in december, january and february with the Philanthropic Community of 60 plus representatives of the philanthropic private community to talk specifically about one, all of the agenda items that the city is doing, including our new investment, buts also our strategis to support, as well as pathways to citizenship in that effort we at the Mayors Office have been working with the communities to respond to their requests about ways in which they might be able to invest and leverage and to look at several vehicles to do that. We have continued to work with some of the local collaborative fill fill philanthropic communities to create funds to leverage the dollars that the city is now doing. Im happy to nuisance the mayor Just Announced in partnership with the San Francisco Interfaith Council, that the city is joining in partnership for a new immigration defense fund. That fund will allow individuals, corporations, philanthropic organizations to give monies to the challenges that we have been discussing and to leverage dollars to support nonprofits and for workshops and for defense of immigrants, and as well pathways to citizenship. Im pleased to have in the audiences, just so you know, the executive director of the San Francisco Interfaith Council. So that if there are any questions later on, to talk about the fund, be glad to bring him up. With that, i also would like to thank supervisor cohen for her support and her engagement, being the chair of the committee, with wanted to make sure that we engaged her to talk about what that leverage opportunity might be . And why these individual and corporate institutions were asking us to create this kind of opportunity and her support and guidance has helped us in being able to select exactly what they asked for. An agency that is welltrusted. An agency that has a long history of being able to work in this particular area. An and agency that we as a city have partnered with on several efforts like this. Just recently about a yearandahalf ago, two years, we partnered with the San Francisco Interfaith Council to create the Navigation Centers fund. And that kind of example and that kind of leverage shows their ability to one, gather the dollars on behalf of the private institutions, but two, to work with the city to leverage the work that were already doing. Ill stop there and available for any questions that you may have, either about the efforts that we have worked with the nonprofit phinfill an Philanthropic Community, but ind regards to the new fund. Im curious to know when well see this money and be able to actually so that the money will actually materialize into a person or some kind of direct action . Supervisor cohen, the way the fund works we have created a fund we meaning the Mayors Office and the supervisors and asking everybody to give to that cause and donors individually or corporations will resume out [raoefrp ] reach out to the funds. The Interfaith Council is a Nonprofit Organization with the capacity to receive donations for these particular purposes and the growth of that fund in terms of how many people give funds to support that . In regards to interest, one reason we created from specific private donors and corporations saying they wanted an entity independent outside of the city, but working in collaboration and leverage with the city to be able to do that. That is what the mayor is doing right now, is facilitating that process, to have folks give to the fund. I can appreciate the kind words that you gave me, but to share that accolade with supervisor fewer, who began to talk about it in a very conceptualized manner. One thing we discussed about what this fund of money would look like is who would be donating . I know you personally are reaching out to the Philanthropic Community, but what about the other counties . The mix of detainees here in northern california, coming from all over different counties. Do we see a willingness for contribution from Alameda County . Contra costa county and the other counties in the ninecounty bay area . I will be honest in the conversations that we have directly with those who have shown interest, they are talking about funding efforts within San Francisco. That does not limit them from funding efforts across the ninebay area counties as just suggested. One of the opportunities or the strength of having such a fund is the flexibility of that independent fund to be able to fund across the nine counties. I can appreciate that, but the purpose in my opinion of the fund is to galvanize support from other surrounding counties of those detained in San Francisco county are not solely San Francisco county, but still people in need of due process and still in need of representation. So i guess my question again i will pose it have we or do we have intentions of reaching out to the other surrounding countis who have members of their countis who are in detention, that are in custody here in our county . Will they also be contributing to the defense of these people . Supervisor cohen, the intent of the fund is to reach for private dollars. So the folks that were talking to, corporations, or individual donors, they stretch beyond the nine counties. So we have extended that request to all of them. The clarification im trying to make in terms of the fund itself has the capacity to be able to distribute anywhere within that area that you are speaking of. In regards to who puts money in the fund . Its not the Public Institutions were reaching out to and its not Alameda County. Its not contra costa county, but the private corporations and some are local, some statewide and some national in size, but were asking all of them to give to this particular fund. So that it can serve those priorities that we have been talking about throughout this discussion. Okay. So these are San Francisco donors that are going to be contributing and correct me if im wrong, the dollar goes to everyone . The decision where the dollar goes is the decision of the San Francisco Interfaith Council and they are working in partnership with the city to identify what agenciess and services are in need of those dollars . In this union, is there a representative from the Public Defenders Office, also making helping to shape where and how the dollars will be allocated . Not in the discussion that you are talking about. Were in partnership with the San Francisco Interfaith Council. The Interfaith Council and their board are the ones who actually run the fund. Thank you very much, supervisor yee. Thank you. Good questions. Thank you. So just to clarify, and i think i know your intent coming from the foundation world. Whether its a private foundation or Community Foundation or private citizen, they could be living anywhere and donate to this fund, even the title San Francisco foundation for instance, Community Foundation, which is based in San Francisco. They choose to contribute to this fund that indeed, San Francisco Foundation Actually serves more than San Francisco and serves several counties around here. So i get that piece. There is an understanding that this is a regional issue, and that people that are going to contribute to this understand that its trying to address a regional issue is that correct . Supervisor yee, that is correct. First of all in your first point, the fund will be contributed to by anyone, someone who is international, someone across the country or can be someone local that can put money in the fund. The capacity of the fund as i was explaining a little earlier is that the distribution can be made anywhere. The focus of the request that we had that helped to us create the idea of the fund and thank you, supervisor cohen for mentioning, supervisor fewer. Yes her efforts to reach out to talk about the creation of a fund and effort to thank her and congratulate her as well. The questions we got from specifically those individuals, or potential donors what specifically will the fund le able to reach items, programs within San Francisco and the answer to that is yes. In terms of your second point, the distribution can occur anywhere within the bay area or ninecounty bay area or the region that we feel that the that the San Francisco Interfaith Council feels is an urgent need. The followup question would be that and i know its very difficult to project or predict how big this fund can be, unless you have some indications from particular donors that is a well we have at least 2 million already. Did you have that . Supervisor yee, i do not have an estimation. Okay. But i do want to make a point that i apologize if i have not made clear the fund could be used for funding defense. And specifically for the kinds of things that the Public Defenders Office has asked for. The fund is not limited to a smaller area and says it cannot be funded for these particular things around immigration and if i was not clear about that, the flexibility of this fund allows for those particular types of uses. So which is good clarification and a lot of what you can do with it is dependent on how much you can raise. A related question, because you mentioned it, there was another activity that was setup to collect funds, which is the Navigation Centers. Yes, sir. How much was collected for that . Supervisor yee. Since its been going on for a while. The original amount was approximately 3 million. And since its initial creation, we have had several other millions provided for this creation of the additional Navigation Centers. But the initial amount when we partnered with San Francisco Interfaith Council was 3 million. Which gives us anyway, the scope of well how much can there be . The last question really is related to what you just said, which is, again, myself having very little experience in the foundation world, understand what is going on . People will make initial sort of gifts, and at some point, usually maybe two, three years out, the gives moves over to some other activity. So i think we all have to understand whatever we get from these donations, that they are onetime only generally. They are not something to support ongoing activities. So i want to be sure that i throw it out there, not wanting to have people think, okay the 3 million, wow it must be every year its 3 million. That is not the case. Supervisor yee, you are exactly correct and i appreciate you making the point and to clarify another thing you brought up. Part of the creation in the fund and the fund this way was because of the potential investors in the fund have asked a series of questions. Some funders will give to government directly and some will not give to government directly at all and some funders asked specifically for an independent agency. That partnership with San Francisco Interfaith Council gives us that opportunity to do that. To your specific pointly also say we also have to remember something about donors intent and they are giving the dollar to the wide spectrums of issues that i just talked about. But the donor may say to go to this and that limited area to your last point about this being onetime. Often these kinds of efforts are onetime gifts that are given. Whether they be by individuals or corporations, large private institutions themselves. Some may give multiyear, but often to a fund, what they do is give a lump sum amount and they wait to see how the situation is, and they may give once again, but not generally giving every year. So i think the points you brought up are really important and i appreciate the opportunity to clarify how such a fund works. That last point was just to make sure we understand that if were thinking that this fund could fund any ongoing thing for a good length of time, that we have to be really careful with that motion. Sure. I can actually have my comments after the Public Comments since i know he is on a time schedule. Thank you for your consideration. I would like to bring up mr. Jeff adachi, welcome. Thank you. Good afternoon. Good afternoon. Would i would just like to specifically address the questions that you raised after the last hearing. If we can go to the first slide. Overhead, please. One question that the board had was of the cases of detained immigrants in the San Francisco court, how that would be distributed amongst other agencies, who are doing detained work . In our original proposal, i understand where were at now and we originally requested 10 attorneys and 7 support staff and i understand from speaking to miss whitehours house the Mayors Office is proposing two and supervisor fewers proposal would strike somewhat of a balance, but we would want at least one more support staff to balance the ratio of attorneys to support staff. Being that as it is, that would reduce the number of cases that we were able to handle to about 200250. The nonprofits with the funding provided by the Mayors Office would be at about 80 cases, and again, there are three nonprofits funded by the city, who provide detention services. The Public Defenders Office and Alameda County has four funded positions. And so that would be about 120 cases according to their estimates. The santa clara public defender has not yet committed yet, but were hoping that they will. And that would still leave a large number of cases where individuals would not receive representation. But i wanted to make it very clear, that as public defender, i will commit to advocating in all of the other counties. And there are over two dozen counties, most of them very small, but the larger ones, sacramento, contra costa and san mateo and santa clara and to advocate for them to also provide legal representation to detained immigrants. The other question that was asked, why should San Francisco provide representation to detainees who live outside of San Francisco . San francisco was s one of 60 what they call base cities nationwide where immigration courts are located and that is really the biggest reason, because legal representation is usually provided at the courthouse location. Its that way in our criminal courts and all over our county and because we happen to be in San Francisco, people have no choice except to attend or to be subject to the jurisdiction of the San Francisco court. Also as you know, 256,000 people commute to San Francisco every day, because its such an expensive city, many people who work here, have family here, cant afford to live here. So they live outside, and even according to the most recent census, 27 of people who left San Francisco between 20102014 settled in bay area cities. 25 moved to the peninsula. So nearly 50 of the people who left in that time period are here in the bay area, including many immigrants. How will we decide who to represent . If we have limited resources . Well, this is the criteria that we would look at one we look at a persons connection to San Francisco. Whether they live, work, and have immediate family here . Prior representation by our office would also be a factor. Humanitarian factors such as look ing at whether the family is broken up and do they have children without parents and what are the Health Issues . Are they seniors . Is this egregious Law Enforcement conduct involved, wishing sweeps in this country, were seeing raids, labor violations, survivors of violence and Domestic Violence and to be able to prioritize those cases. We already prioritize cases where there is mandatory defense or Strong Defense of asylum or other immigration relief and also receive referrals from other service providers. In terms of the caseload as mr. Roses office observed to hand a case load of 4060 cases per lawyer, average of 30 attorney hours per case and 17 paralegal hours and 7 Legal Process hours and we need the support staff to allow our attorneys to focus on the legal work. There a letter well receive and i will quote a paragraph from that, its from probably the nations top immigration attorney, marc vander hout, who practices in [stporpb ] and wrote the San Francisco opened openeds is in the benefit position to stand in and provide representation to the detained ip grants before the San Francisco immigration court. The offices has a experience providing Legal Services to high volume of individuals in a detained setting and i believe the public defenders proposed model is wellpositioned to create a successful and highquality team of immigration defense attorneys. The other question that was raised is whether or not the other nonprofits, who are doing this work, and thank god that they have been doing this work for so many years. Whether they support the public defender providing representation of detained immigrants . And there is a letter that has been delivered to your Office Yesterday where they say, were grateful for the funding that you approved for the 21sfildc organizations to provide muchneeded services to our community, focusing on nondetained immigrant services. We now also urge you to consider the familis and individuals who are not fully funded, the detains individuals. And you see here, signed by 91, 91 organizations, who support this proposal. So i understand the constraints that you are operating under and certainly, i respect that. You have a tough job. And what im saying today is with the reduction in the proposal and again, i hope we could add one support staff, we will show you that this program is worth well more than what it would cost to operate, and i understand the funds for this fiscal year would come out of our own savings. And of course, you know, we agree with that. And so, again, this is a very personal issue to me; as i said my parents and grandparents were intered in world war ii with other japaneseamericans and even though it was 75 years ago, its still very real. They did not have attorneys, and i always told myself in a was in a position to make a difference, that i would. And so were here today, asking you to support this i thank all of you for your consideration. I thank supervisor sandra fewer for championing this. Thank you very much. [ applause ] now i know all you have know the rules i know you have been in this chamber before and you know you are supposed to use your spirit fingers let me see the spirit fingers. All right, thank you very much. Okay. Supervisor fewer. Yes, thank you very much. I just wanted to address the issue of this creation, and im so glad this is something about a super fund regionally i have spoken to you, supervisor cohen and s to the Mayors Office and im so glad that the Mayors Office is taking leadership on this. Because i actually think its a wonderful idea. Its an idea that will compliment of exactly what i am proposing here today. Were talking about 200300 cases and currently know immigration cases and clearly San Francisco cant fund all those in detention and these are who were talking about. So while i know a variety of activities are really important to support immigrant populations such as know your rights workshops and those things of that nature, i would just caution about the public fun