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Questions that might be answered so in that sense whats the harm i see nun i see also a certain degree of credibility coming to the commission for stepping forward and doing that and it is beyond the protocol but ill say in terms of my own observation of the City Government it is anecdotal for me, i see a lot of corruption that is soft corruption from the top down and i think many other members of the public the editorial boards of newspapers do it is more us of sticking our toe the water and put him in the audit so mr. Chair, i respectfully move we audit mayor ed lee. So i think there is two pending questions me to take them one at that time for the general powers to audit the subsection the government could code provides the Ethics Commission shall audit the committees in addition his or her description to take a the ram selected members eir receptionist from the committee gets the local fund thats what we prescribed. But mayor ed lees committee didnt receive the public funds i know that some of the public funds did he receive. Its not a mandatory audit subject to the audit by the Selection Process like the one you saw the second issue in terms of the agenda notice or description i think that is beyond the scope to talk about commissioner keanes motion. Do i hear a second to the motion. Ill second it. Any Public Comment . Charley for the record i remember seeing something when ed lee considering electing Public Financing im glad that we do audit Public Finance cadets he only spent a Million Dollars and a half not a robust election i dont know what we will see if we did audit him what will be better so look at some of the independent expenditure committees with the city contracts and 3 would be taken generally because that is always an issue the city but i support frankly the position of executive director ill think that given the questions that have been raised by the public tonight on some of the processes that it may be that the new executive director might have some perspectives on the process that states 2008 before they are tenure and that there maybe a different process for instance, for the f p pc or los angeles that she maybe aware that i know she is active in other organization over the years this year might be a better way to approach than the past and the past traditions have fallen short of where we may want to be as we move forward i can assure you youve not been expresses with the audit process and not sure that is shaken out very much as a as a result maybe the time to look at audit the audit process and see if this is meeting our exceptions and the extension of our public and the technical dynamics that are occurring the city contracts. Commissioners ray hart for San Francisco open government the reason i didnt want to participate the process my lucky would have drawn mayor ed lee and wouldnt have obtained eating it glad to eat it to get him audited bottom line the person responsible like mark farrell who came in and wanted to deny the one and 93 thousand an amount equal to 60 percent of what he spent on his campaign that is the same thing with mayor ed lee it was a bunch of my flung easy was the United States navy and the bottom line if you want to end our career as an officer go to a hearing board and saying our ship was sunk or damaged youre responsible youll out the door in 5 seconds if youre in charge youre responsible the mayor is in charge and ought to be audited as far as commissioner keane this no the popularity contest not here to get our friendship i know those things mean absolutely nothing unless youre a member of City Government i call you the backroom like the chair was called for the fine or supervisor farrell and we dont know who was said or the problem is and you go the back and hide it the bottom line the mayor needs to be audited this Campaign Needs to be audited one reason he has 2 to 3 opposition thats the reason he didnt take Public Comment that was an easy out the bottom line is this is really a test before the public as to whether or not you have what it takes to hold sfopg audible im predicting that there fail on a 3 to 2 vote and there will be no audit of the mayor that simply shows that you are the pocket of people that appoint you and you can sit there and shack your heads no or what you usually do no comments and especially lawyers that silence is consent so go ahead vote this down dont audit the mayor and let the insistence of the San Francisco feinstein see what i see and many others we come to those meetings and listen to your stuff trying to justify doing nothing and ill say it again, if you can show me anything this committee has done the last 10 years to make this city better id like to see that. Before we vote that commissioner renne im in support of commissioner hayons motion on the floor. Id like to think that mr. Pelham having heard the District Attorney indicate she has the horticulture to make that decision without you that that will get you off the backside and take the leadership role and prove mr. Harts wrong there will be a 3 to 2 vote all right. But a 3 to 2 vote to audit the mayor campaigns for 2015 san franciscans expect you to do the ethical thing and conduct the audits because if he didnt have anything to hide he shouldnt be afraid for audited even in la you have pelham; right . If youve done nothing wrong dont be afraid of an audit it is only when the and the keiths get caught on federal that the mayors start worrying about what will happen on an audit you can doing the right thing with a 3 to 2 vote and audit did Mayors Campaign or ms. Pelham so consider ord the audit independently based on the City Attorney information san franciscans want to welcome you with open arms ms. Pelham thats because weve had too much corruption at city hall for too many years. Thank you. Dipped again speak as an individual sometimes things happen that are not scripted that makes it interesting i think i would agree with the comment from the deputy City Attorney Northern California that process only selects audits randomly other than the law that was quoted i dont im not sure i see a problem making a sort of start selection based on at criteria and frothe commission chooses to audit the Mayors Campaign based on what weve read the paper im not sure there is a problem i dont know what an audit will reveal we believe that the higher value campaigns hire the also and account its an im not sure well find material problems through an audit but not sure i could be wrong and maybe the audit is the best course to answer any outstanding questions relative to the Mayors Campaign 2015 an intriguing question and good luck on this one thanks. Any other Public Comment . Before we vote i want to ask ms. Pelham if this motion passes if it pose any problems to your point of view at the staff level to add this to the other audits that will be done thank you for the question commissioner renne my concern not whether this pose a problem for the staff in terms of doing an audit or looking at the level of the audit that will result if it were to add the mayor Ed Lee Ed Lee for mayor of 2015 for mayor to the mix i want to be clear about my general concern about establishing a process that is not predictable for the public or for candidates we we select for example, important to be able to follow through on that Selection Process there is certainly, if the commission choices and feels a need to audit that is the direction to me i understand that i think that is very important as an organization, however, it is about transparency and about process and about other Holding Others accountability to the process my concern will be simply from the commission feels there is a level of committee and there are issues raised i think that is something that will be very important to create a new policy Going Forward so we share the candidates if they spend more than 50,000 but the last thing to have the public haves the miss prospective it is based on individual rather than policy concerns i know that is not the intent of anybody on the panel but make that point and encourages us to do things in a formalized process i think that ultimately benefits the work of the commission and the integrity of the commission i appreciate the opportunity. As i understand the thrust e. R. The basis of this request made is that there is at least some Public Perception that there may have been problems with the Mayors Campaign and clearly if any campaign not a question of over one Million Dollars any question were to rise the newspaper than mr. Exes campaign was accepting illegal payments or whatever else it would be a justification for the commission to say lets even though not randomly selected i understand the random was so that there isnt the sort of fastenerism picking on someone that is not popular but the randomness to show were not selecting and making in any determination that the committee should be audited in our random selection the question if there is a perception public that a Campaign Committee may have violated the law isnt that sufficient justification for the commission to say lets add that to our random selection as a policy matter but this is a thought. Commissioner commissioner andrews. Im sorry mr. Chair were creeping were actually getting into the discussion i feel we should have i do have to say i probably will not support that im one for process i believe in transparency and protocol i believe if we are amended or justifies over and over adjust our protocol or policy weve been blamed in the past first, i want to say yes. I think in terms of an audit we should definitely do more audits if that is messing campaign this is not our only chance next month seems to me we can do that but ive seen at least the last 23 or years ive been on the commission we jujd to a conclusions and dont have all the steps laid out and we get tripped up and try to put bandaids im thinking about a few situations i want to think this through so it is not mayor ed lee were take into account were targeting any candidates or many particular a campaign that has an allegation we need to talk about that a little bit more and continue this for next month and after that discussion or ms. Mroem bring some policy revisions or suggestion well think about where the commission would think about moving forward with a audit that we come up with some developed policy first and give it good thought at the end of the discussion say not only did mayor ed lee campaign meets the threshold any other commitment meets the threshold and coming for you as well as in that campaign you were spending your dollars it feels like one of and feels chief executive officer reject i didnt or that we need to be more thoughtful about that as we move forward this is not our one and only time to call for an audit we can do it a time and place of our choosing within our regular meeting i think we should exercise both the opportunity to have good discussion and make a good informed decision about that. Commissioner hur. I agree with commissioner andrews and the executive director when you talk about backbone especially this commission what is important it is equitable and fair, i think to have to throw for a commissioner to start throwing out names of people that should audited without the policy descriptions there are forhat policy makes us vulnerable to a political process were supposed to be in support of so ill agree the motion should not carry. I agree with everything many was said by commissioner hur and commissioner andrews and our executive director i think that lets set a policy maybe needs to audit every single Campaign Committee over a certain amount not just the random ones but if we think we need to audit go anything over one Million Dollar and lets agree that well do that it appears to be fair the last thing to be having a witchhunt and total urban fairness ill not support the motion at this point but, yes lets come up with a policy if thats what we want to do and you know look at how much work that will be given all the other committees that are being audited as well but maybe a separate category where it is called for. Commissioner keane do you want to reconsider our motion. I dont want to reconsider my motion with all due respect to the colleagues it disagree when were not coming up with that one on sort of a toss of a coin were coming up with this one there are substantive things the appearance of substantive things out there and surfacing in the publics mind as viewed here and the press and in the prosecution of a number of people that appear to have on their claim have been plugged in with the mayor and the mayors people in terms of being able to deliver pay to play type of situations now, im not prejudging that but and there is an active as i said an active investigation going on by District Attorney George Gascon he said it several times so this is not just us saying someone myself saying out of the air ed lee is a big shot and has more than a Million Dollars he is spending maybe we dont like ed lee lets audit him were doing this with real substance behind it ear auditing all sorts of other characters minor characters for the random on the random basis we might have been auditing mayor ed lee if h he had mr. Harts finger the jar or Something Else happened were not and so i think in terms of the fact we can do that we have all those reasons in terms of public credibility to go ahead and do that we should do that. And i think it wouldnt be a big deal if we did certainly not a witchhunt and in regards to going after poor mayor ed lee in regards to the allegations out there were not picking him out the fact it is unusual and protocol is something that has not happened before there are times in history you say protocol is indicated that Something Different should be done watergate investigation im not comparing ed lee with nixon but a complete parallel type of process to the usual processes there appeared to be dirty things going on in government and im were doing something much less than that and theres no big deal about what we are could go that is a question of dignity we should go forward and do that. Ill call the question. All in favor, say i. I. Opposed . No, no the motion is defeated 2 to 3. All right. Turning to item number 6 discussion thought possible action on craft regulations terms used the city whistle blower protection ordinance i will im going to turn it over to tom and commissioner hur. Thank you chair this is the agenda item continued from last months meeting contains the recommendation on the memo and commissioner hur and acting decree jessie look at the end of last year and put together a memo outlining recommendations building on the comments and concerns of the civil grand jury report issued last in 2014 to 2015 regarding the San Francisco whistle blower ordinance in need of change this memo is presented with a recap of those grand jury recommendations provide a recap the analysis and the responded from the earlier memo in january and recaps proposed language for the issues that were that report identified and an attachment one and two as drafted language in attachment one these are draft regulations for your consideration assuming the whistle blower ordinance stayed as it currently is with the statutory language and attachment 2 takes that a bit further and looks about the changes to the ordinance itself along with regulations and that will come with that to clarify and address some of the issues that were raised the report im not sure in commissioner hur want to jump in and happy to walk you through and ill take the direction how you wanted to proceed. Sxhour. Thank you commissioner renne and director pelham the memo was well done i want to focus the commissions attendance on the attachment on the meat on the bones that is the actual language for the proposed amendments to the actual ordinance i also thought of president to thank the grng thank you for your recommendation and friends of ethics it was helpful in working out and the public was quite helpful i think it is worth paejs to the two attachments attachment one we as the commission can pass the ordinance amendment obviously will require help from the board i think of we jump past attachment one it will be a significant step in the right direction but the ordinance can use some work and i like the proposed language the ordinance its the one section that i think maybe we can use City Attorney help on this cancelation of restrictiony but we can put in there well have the authority to you know it is workable that would i think that is maybe worth a particular focus. We also tried in here to get at contractors who were working for the city in a fairway and share theyll be covered and subject to the ordinance. Any discussion generally let me ask you commissioner hur any reason why we shouldnt adopt the task of one the regulations and also move forward with the attachment two in terms of that the way the board acts any down side with our enacting these regulations. Is that duplication of effort or confusion here. Director pelham should weigh in this we pass attachment one well do some good it is not redundant to the changes to the ordinance i think that the ordinance changes separately should be adopted as well dont believe we can do that tonight but vote to send it. Oh, i was kevin with the City Attorney from the commission passes that they would have the effect of yeah effective one 60 days after the commissions acts that does provide some improvement as commissioner hur said seller to know whether the City Government<\/a> it is anecdotal for me, i see a lot of corruption that is soft corruption from the top down and i think many other members of the public the editorial boards of newspapers do it is more us of sticking our toe the water and put him in the audit so mr. Chair, i respectfully move we audit mayor ed lee. So i think there is two pending questions me to take them one at that time for the general powers to audit the subsection the government could code provides the Ethics Commission<\/a> shall audit the committees in addition his or her description to take a the ram selected members eir receptionist from the committee gets the local fund thats what we prescribed. But mayor ed lees committee didnt receive the public funds i know that some of the public funds did he receive. Its not a mandatory audit subject to the audit by the Selection Process<\/a> like the one you saw the second issue in terms of the agenda notice or description i think that is beyond the scope to talk about commissioner keanes motion. Do i hear a second to the motion. Ill second it. Any Public Comment<\/a> . Charley for the record i remember seeing something when ed lee considering electing Public Financing<\/a> im glad that we do audit Public Finance<\/a> cadets he only spent a Million Dollars<\/a> and a half not a robust election i dont know what we will see if we did audit him what will be better so look at some of the independent expenditure committees with the city contracts and 3 would be taken generally because that is always an issue the city but i support frankly the position of executive director ill think that given the questions that have been raised by the public tonight on some of the processes that it may be that the new executive director might have some perspectives on the process that states 2008 before they are tenure and that there maybe a different process for instance, for the f p pc or los angeles that she maybe aware that i know she is active in other organization over the years this year might be a better way to approach than the past and the past traditions have fallen short of where we may want to be as we move forward i can assure you youve not been expresses with the audit process and not sure that is shaken out very much as a as a result maybe the time to look at audit the audit process and see if this is meeting our exceptions and the extension of our public and the technical dynamics that are occurring the city contracts. Commissioners ray hart for San Francisco<\/a> open government the reason i didnt want to participate the process my lucky would have drawn mayor ed lee and wouldnt have obtained eating it glad to eat it to get him audited bottom line the person responsible like mark farrell who came in and wanted to deny the one and 93 thousand an amount equal to 60 percent of what he spent on his campaign that is the same thing with mayor ed lee it was a bunch of my flung easy was the United States<\/a> navy and the bottom line if you want to end our career as an officer go to a hearing board and saying our ship was sunk or damaged youre responsible youll out the door in 5 seconds if youre in charge youre responsible the mayor is in charge and ought to be audited as far as commissioner keane this no the popularity contest not here to get our friendship i know those things mean absolutely nothing unless youre a member of City Government<\/a> i call you the backroom like the chair was called for the fine or supervisor farrell and we dont know who was said or the problem is and you go the back and hide it the bottom line the mayor needs to be audited this Campaign Needs<\/a> to be audited one reason he has 2 to 3 opposition thats the reason he didnt take Public Comment<\/a> that was an easy out the bottom line is this is really a test before the public as to whether or not you have what it takes to hold sfopg audible im predicting that there fail on a 3 to 2 vote and there will be no audit of the mayor that simply shows that you are the pocket of people that appoint you and you can sit there and shack your heads no or what you usually do no comments and especially lawyers that silence is consent so go ahead vote this down dont audit the mayor and let the insistence of the San Francisco<\/a> feinstein see what i see and many others we come to those meetings and listen to your stuff trying to justify doing nothing and ill say it again, if you can show me anything this committee has done the last 10 years to make this city better id like to see that. Before we vote that commissioner renne im in support of commissioner hayons motion on the floor. Id like to think that mr. Pelham having heard the District Attorney<\/a> indicate she has the horticulture to make that decision without you that that will get you off the backside and take the leadership role and prove mr. Harts wrong there will be a 3 to 2 vote all right. But a 3 to 2 vote to audit the mayor campaigns for 2015 san franciscans expect you to do the ethical thing and conduct the audits because if he didnt have anything to hide he shouldnt be afraid for audited even in la you have pelham; right . If youve done nothing wrong dont be afraid of an audit it is only when the and the keiths get caught on federal that the mayors start worrying about what will happen on an audit you can doing the right thing with a 3 to 2 vote and audit did Mayors Campaign<\/a> or ms. Pelham so consider ord the audit independently based on the City Attorney<\/a> information san franciscans want to welcome you with open arms ms. Pelham thats because weve had too much corruption at city hall for too many years. Thank you. Dipped again speak as an individual sometimes things happen that are not scripted that makes it interesting i think i would agree with the comment from the deputy City Attorney<\/a> Northern California<\/a> that process only selects audits randomly other than the law that was quoted i dont im not sure i see a problem making a sort of start selection based on at criteria and frothe commission chooses to audit the Mayors Campaign<\/a> based on what weve read the paper im not sure there is a problem i dont know what an audit will reveal we believe that the higher value campaigns hire the also and account its an im not sure well find material problems through an audit but not sure i could be wrong and maybe the audit is the best course to answer any outstanding questions relative to the Mayors Campaign<\/a> 2015 an intriguing question and good luck on this one thanks. Any other Public Comment<\/a> . Before we vote i want to ask ms. Pelham if this motion passes if it pose any problems to your point of view at the staff level to add this to the other audits that will be done thank you for the question commissioner renne my concern not whether this pose a problem for the staff in terms of doing an audit or looking at the level of the audit that will result if it were to add the mayor Ed Lee Ed Lee<\/a> for mayor of 2015 for mayor to the mix i want to be clear about my general concern about establishing a process that is not predictable for the public or for candidates we we select for example, important to be able to follow through on that Selection Process<\/a> there is certainly, if the commission choices and feels a need to audit that is the direction to me i understand that i think that is very important as an organization, however, it is about transparency and about process and about other Holding Others<\/a> accountability to the process my concern will be simply from the commission feels there is a level of committee and there are issues raised i think that is something that will be very important to create a new policy Going Forward<\/a> so we share the candidates if they spend more than 50,000 but the last thing to have the public haves the miss prospective it is based on individual rather than policy concerns i know that is not the intent of anybody on the panel but make that point and encourages us to do things in a formalized process i think that ultimately benefits the work of the commission and the integrity of the commission i appreciate the opportunity. As i understand the thrust e. R. The basis of this request made is that there is at least some Public Perception<\/a> that there may have been problems with the Mayors Campaign<\/a> and clearly if any campaign not a question of over one Million Dollars<\/a> any question were to rise the newspaper than mr. Exes campaign was accepting illegal payments or whatever else it would be a justification for the commission to say lets even though not randomly selected i understand the random was so that there isnt the sort of fastenerism picking on someone that is not popular but the randomness to show were not selecting and making in any determination that the committee should be audited in our random selection the question if there is a perception public that a Campaign Committee<\/a> may have violated the law isnt that sufficient justification for the commission to say lets add that to our random selection as a policy matter but this is a thought. Commissioner commissioner andrews. Im sorry mr. Chair were creeping were actually getting into the discussion i feel we should have i do have to say i probably will not support that im one for process i believe in transparency and protocol i believe if we are amended or justifies over and over adjust our protocol or policy weve been blamed in the past first, i want to say yes. I think in terms of an audit we should definitely do more audits if that is messing campaign this is not our only chance next month seems to me we can do that but ive seen at least the last 23 or years ive been on the commission we jujd to a conclusions and dont have all the steps laid out and we get tripped up and try to put bandaids im thinking about a few situations i want to think this through so it is not mayor ed lee were take into account were targeting any candidates or many particular a campaign that has an allegation we need to talk about that a little bit more and continue this for next month and after that discussion or ms. Mroem bring some policy revisions or suggestion well think about where the commission would think about moving forward with a audit that we come up with some developed policy first and give it good thought at the end of the discussion say not only did mayor ed lee campaign meets the threshold any other commitment meets the threshold and coming for you as well as in that campaign you were spending your dollars it feels like one of and feels chief executive officer reject i didnt or that we need to be more thoughtful about that as we move forward this is not our one and only time to call for an audit we can do it a time and place of our choosing within our regular meeting i think we should exercise both the opportunity to have good discussion and make a good informed decision about that. Commissioner hur. I agree with commissioner andrews and the executive director when you talk about backbone especially this commission what is important it is equitable and fair, i think to have to throw for a commissioner to start throwing out names of people that should audited without the policy descriptions there are forhat policy makes us vulnerable to a political process were supposed to be in support of so ill agree the motion should not carry. I agree with everything many was said by commissioner hur and commissioner andrews and our executive director i think that lets set a policy maybe needs to audit every single Campaign Committee<\/a> over a certain amount not just the random ones but if we think we need to audit go anything over one Million Dollar<\/a> and lets agree that well do that it appears to be fair the last thing to be having a witchhunt and total urban fairness ill not support the motion at this point but, yes lets come up with a policy if thats what we want to do and you know look at how much work that will be given all the other committees that are being audited as well but maybe a separate category where it is called for. Commissioner keane do you want to reconsider our motion. I dont want to reconsider my motion with all due respect to the colleagues it disagree when were not coming up with that one on sort of a toss of a coin were coming up with this one there are substantive things the appearance of substantive things out there and surfacing in the publics mind as viewed here and the press and in the prosecution of a number of people that appear to have on their claim have been plugged in with the mayor and the mayors people in terms of being able to deliver pay to play type of situations now, im not prejudging that but and there is an active as i said an active investigation going on by District Attorney<\/a> George Gascon<\/a> he said it several times so this is not just us saying someone myself saying out of the air ed lee is a big shot and has more than a Million Dollars<\/a> he is spending maybe we dont like ed lee lets audit him were doing this with real substance behind it ear auditing all sorts of other characters minor characters for the random on the random basis we might have been auditing mayor ed lee if h he had mr. Harts finger the jar or Something Else<\/a> happened were not and so i think in terms of the fact we can do that we have all those reasons in terms of public credibility to go ahead and do that we should do that. And i think it wouldnt be a big deal if we did certainly not a witchhunt and in regards to going after poor mayor ed lee in regards to the allegations out there were not picking him out the fact it is unusual and protocol is something that has not happened before there are times in history you say protocol is indicated that Something Different<\/a> should be done watergate investigation im not comparing ed lee with nixon but a complete parallel type of process to the usual processes there appeared to be dirty things going on in government and im were doing something much less than that and theres no big deal about what we are could go that is a question of dignity we should go forward and do that. Ill call the question. All in favor, say i. I. Opposed . No, no the motion is defeated 2 to 3. All right. Turning to item number 6 discussion thought possible action on craft regulations terms used the city whistle blower protection ordinance i will im going to turn it over to tom and commissioner hur. Thank you chair this is the agenda item continued from last months meeting contains the recommendation on the memo and commissioner hur and acting decree jessie look at the end of last year and put together a memo outlining recommendations building on the comments and concerns of the civil grand jury report issued last in 2014 to 2015 regarding the San Francisco<\/a> whistle blower ordinance in need of change this memo is presented with a recap of those grand jury recommendations provide a recap the analysis and the responded from the earlier memo in january and recaps proposed language for the issues that were that report identified and an attachment one and two as drafted language in attachment one these are draft regulations for your consideration assuming the whistle blower ordinance stayed as it currently is with the statutory language and attachment 2 takes that a bit further and looks about the changes to the ordinance itself along with regulations and that will come with that to clarify and address some of the issues that were raised the report im not sure in commissioner hur want to jump in and happy to walk you through and ill take the direction how you wanted to proceed. Sxhour. Thank you commissioner renne and director pelham the memo was well done i want to focus the commissions attendance on the attachment on the meat on the bones that is the actual language for the proposed amendments to the actual ordinance i also thought of president to thank the grng thank you for your recommendation and friends of ethics it was helpful in working out and the public was quite helpful i think it is worth paejs to the two attachments attachment one we as the commission can pass the ordinance amendment obviously will require help from the board i think of we jump past attachment one it will be a significant step in the right direction but the ordinance can use some work and i like the proposed language the ordinance its the one section that i think maybe we can use City Attorney<\/a> help on this cancelation of restrictiony but we can put in there well have the authority to you know it is workable that would i think that is maybe worth a particular focus. We also tried in here to get at contractors who were working for the city in a fairway and share theyll be covered and subject to the ordinance. Any discussion generally let me ask you commissioner hur any reason why we shouldnt adopt the task of one the regulations and also move forward with the attachment two in terms of that the way the board acts any down side with our enacting these regulations. Is that duplication of effort or confusion here. Director pelham should weigh in this we pass attachment one well do some good it is not redundant to the changes to the ordinance i think that the ordinance changes separately should be adopted as well dont believe we can do that tonight but vote to send it. Oh, i was kevin with the City Attorney<\/a> from the commission passes that they would have the effect of yeah effective one 60 days after the commissions acts that does provide some improvement as commissioner hur said seller to know whether the Commission Direction<\/a> to move the discussion about the statutory with with that would be helpful will be require the board of supervisors to weigh in on this regulations that will be in place either way whether it takes the wind out of the sales the changes are not statutory changes that is hard to predict but a case for wanting to improve the bill with not the perfect with the better of the good i suppose. So would the board if we were to pass it and send to the board the board can pass it and send to back send it back. Right . Yeah. So in terms of the legislative process for the owners inu unlike the changes within our purview there is no requirement that it be sent back certainly the sponsors of the ordinance wish to do that as a courtesy or seek other guidance from the ms. Pelham we can make ongoing dialogue but no legal requirement. So theyll make whatever whangz and if it passes it is law. Although i imagine a lot of opportunities for the mayor to get it to more formal sort of looking legislative proposal im sure theyll have further questions in the end and certainly hearings about the prompt changes at least one Committee Meeting<\/a> and potentially more which the director can participate again informal was for the commission to participate. Isnt the process cant the process you know were talking about the ordinance changes is working collaboratively with the board in terms of at least of the one or two supporters on the board that will chair carry the water when it comes time for approval in terms of our drafting didnt have to be this is it and the board sit down and drafts it with staff meets with staff from some of the supervisors and heres the language as to what is feasible. Yeah. My recollection on that point in terms of the board of supervisors considered this the civil grand jurys report several supervisors on that Board Committee<\/a> spent a lot of interest with the protection ordinance with the protection there is probable some represent certify activity from the board of supervisors. So tonight might be a Good Opportunity<\/a> to you know for folks to vet this and it makes sense and hopefully send it along. Ill propose we deal with attachment one whether we want to go through each sections are deal with that as a whole and then have a motion either to approve regulations or not. Would be my professional go ahead and commissioner, i suggest we deal with it as a whole it is integral. You mean one. Yes. It is fairly sdwral and go ahead and have discussion and agree on that take it as a whole. Any comments . I guess the question ill ask you commissioner hur is that we did get a draft or an email i think from larry bush with some suggestions for example, taking issue with 4. 1 is 0 that the complaints must be 2, 3, 4 writing i know we discussed it the last time but you would not be open to making a change to i think that is a balance and i talked to mr. Bush about this direct a balance between having some something that is concrete and insuring that all complaints with adjudicated i think that one thing mr. Bush said i thought was a good i included all communications reported by a recipient should account we have something in writing it is concrete whether or not someone submits it and frankly mr. Bush not here to explain his part of conversation but you make a complaint to someone in the department you know it becomes quite it can be hard to determine what happened and i think that on the sort of burden benefit scale weighs in favor of not including things such as those. Are there any other comments . Do i hear a motion move we approve attachment one. All right. Motion to made and seconded call for Public Comment<\/a> . I brought a handful one for many pelham and 5 copies for the board i would hope that you would adopt both amendment one or attachment one and attachment 2 almost four years claude i didnt ruled the wrongful termination a major flaw in the conduct code the code provides no retaliation protection for employees to experience First Amendment<\/a> speech rights im san bruno an a strange of the ruling between seven hundred and 50 solicit and 450,000 to the City Attorney<\/a> expenses trying to stop dr. Occur the city dished out 1. 8 million that should incorporate for that amount of money incorporate concerning argue w p l o amendments of the grand jury didnt report the glaring problem passed prop c directing the board of sups to say a meaningful pio and the basic human rights has not been added it is time to do so today what does it say about this commission in San Francisco<\/a>s City Government<\/a> itself to continue to allow retaliation against City Employees<\/a> that simply exercise their First Amendment<\/a> amendment rights the employees want to serve the say they have a relinquish their Voting Rights<\/a> which jurisdictions require the Government Employees<\/a> to forego a First Amendment<\/a> protection and enjoyed by all americans insistence in order to gain Government Employment<\/a> i testified to the board of sups the Oversight Committee<\/a> september 3rd, 2015, City Employees<\/a> expect this body and the board of sups to amendment the w pio for the First Amendment<\/a> protections for the City Employees<\/a> it is its been a Long Time Coming<\/a> it is long overdue i encourage you to have the human rights protections while youre taking this tuesday night but urge you to advocate with the board of sups and the mayor to incorporate that protection the f dot one a 7 c. You thank you. I think your time has run. Thank you. Any other comments good afternoon, commissioners and director pelham im dr occurring over 20 years the Ethics Commission<\/a> has never sub granted a whistle blower exclaim one reason that the Ethics Commission<\/a> is a dead end for whistle blowers is that whistle blowers threaten power structures to which this commission is connected i i dont see a procedural fix for what is a political impasse but since were addressing fixes tonight ill make some suggestions 4 the first so consider alternating the burden of proof by requiring proximate cause rather than a clause of this is what the whistle blowers protection whistle blowers dont have access to 41 percent of evidence the wrong doors are 100 percent percent of the evidence of wrongdoing your staff lacked the resources and the courage to get the evidence so users a probable cause standard is more appropriate given the circumstances and number 2 im worried about your defining a complaint as solely written it tends to did he leg missing misses other complaints that written complaint is reasonable for a whistle blower retaliation claim but not for the primary initial whistle blower containment most of whistle blower complaint with made verbally to a supervisor but what the boss is compliant the misconduct the whistle blower is doomed and has no prove of having filed a complaints it whatnot written it is usually verbal it is on this after retaliation that people write things down and send them in also nowadays workers will report complaints on their cell phones or misconduct so if somebody brings you a video of misconduct or a video of their complaint will be dismiss that because it is not written suppose the whistle blower brings you documents that show fraud are you going to about g ignore those without a written complaint that goes with them will you dismiss someone like deep throat that discovered nixon containments because it was observe the phone september e expect the documents or written im concerned about setting a time limit on investigations it not enough because it doesnt insure that the investigation will be adequate it is very easy to do a substandard investigation under the time limit. Thank you. Your steady your time. Im sorry. Thank you. David pilpal the motioned is on attachment one to Death Penalty<\/a> the four proposed regulations. Thats correct. On that the first 3 start out with the sub a that suggests a b and possibly a c ill suggest not including that unless that are b and c the writing is what inconsistent and include the language shawl and some have will i will standard device that to shall throughout perhaps on the second right point and other similar adverse employment shall include effecting the last one of the regulation staff shall initiate, etc. The third 1b one im not quite sure it is titled b1 is refers to one one a im not sure that is the correct reference i think that sub b that the hearing or the adjudication of complaints. Im sorry under the third. Either b1 and then line 24 referring to b or if it is a maybe it is a too i think that suck b and so maybe 24 that needs to get fixed i think staff is on this i think in general going on to page 2 the nonetheless Quarterly Report<\/a> to the commission make sense i assume those had been confidential reports not entirely clear and i think in keeping the complanlts up to date about the status of their primer review make sense one of the things that people make complaints and dont get an immediately acknowledgement so i think in summer those regulations help you will make those minor housekeeping changes and ill offer comments when we get to the next item thanks. Commissioners ray hart for San Francisco<\/a> open government attend the Ethics Commission<\/a> is similar to watching people rearranging chairs on the deck of the titanic whistle blower protection in this city is noncompliant any person involved the City Government<\/a> possessing even a motor intelligence theyre on their own and rewriting the rules is meaningful when the commission lakes the resources to enforce their own finding each must be of this commission is appointed by the people over whole their provide the oversight with the whistle blower are the responsibility felt 5 individuals each one that reported you and if that happened in their department under our watch your j judging them with the whistle blower complainants the past the most sub certainty is placed in charge in investigating or handling that regardless of effort to rewrite the rules whistle blowers no idea to be aware that they are solely and completely on their own they will get absolutely jack crap from this commission or another at commission to protect them or to support them. This Ethics Commission<\/a> the past as far as im aware has done nothing nothing to support those who have the encourage and sdrit to speak up when you woenlt protect the people with the courage and the integrity your own lack of encourage and lack of integrity people dont like my comments you should be polite but i tell them when they make that comment that im being exterminate to file under the marcus keenzburg rules while the commissioners and starch is using mixed Marshall Arts<\/a> rules youll not do a damn thing to protect the whistle blower pass the legislation like the sunshine ordinance you spent 5 damn years rewriting how youll handle 9 sunshine referrals have you ever had one that is meaningful stuff you put out there to make people to think youre doing something and fool them ill be honest is rises to the level of defrauding youre doing something meaningful i ask mr. Occurring subject to one of the things the one and something the Million Dollars<\/a> that 33 had to pay the city will rather pay is ousted dont try to cut me off when you give everybody else 10 more seconds. I didnt. You started to. Hello commissioners elaine friends of ethnics commissioner hur tutor all the effort for the whistle blower regulations together and for acknowledging larry bush sent information ive been dealing with him i just wanted to speak specific to the idea about the written comment and as i understood our introductory comments youre saying it may not have to be in writing but there should be some kind of record if we could find of using the way record instead of written that then allows phone video you you know just a little bit snip even though of a video that is a record of someone saying it is written it could be a language barrier problem or the dr referred to Something Else<\/a> by use the word written we have had a strong reaction to our using basically a Standard Technology<\/a> now a number of other technologies that can provide the record that youre after thank you. Charley again with friends ever ethics i thought that at the bill back meeting the general Obligation Bond<\/a> Committee Meeting<\/a> that mr. Bush happens to be that a member that was recorded in their recent hearing last week on the whistle blower ordinance that the state does not require a written notice do you remember mr. Bush making that statement or you dont remember that being raised it is possible that was raised by the chairman or the yeah, the acting chairman 9 Civil Grand Jury Committee<\/a> that made the presentation before go back by the way, im sorry you pissed missed that that was an excellent presentation we may not be totally in conform as an with the states concept they allow nonwritten reports so i would agree with my colleague on f o e we might want to fudge that definition and include some record that complaint was filed that was broader this is an written i thought that mr. Bushs that there are an unanimous training because i know the City Employees<\/a> receive those as a matter of course in a great many areas and could well be this added to that program about basically make that contrary to the City Committee<\/a> the need the best mechanism would be the need to put it in writing and if this is problematic it didnt preclude others means the best and highest standard to protect all concern would be to put it in writing as suggested and then indicate that it is writing presents a problem on language or some people really cant write or express themselves well in writing then that another measure could be utilized but that that is important that a record be maintained in that of that meeting and the fact that the complaint what in a documented form i dont know if im totally clear im giving a hive standard of prove. Commissioner hur. I like ms. Smith and the mr. Currency suggestion i wonder we should ill give you an examp example. Maybe if youre going on with our examples you ought to put some example electronically something that shows whether it be a cell phone or video or whatever. Might be concern with putting in an example of video or audible so, yes i think if a person were to record an event happening that could be sufficient evidence of the complaint that would comply with the regulations this is again tending to prove or disprove i hadnt thought about that but dont want to make a suggestion that people are recording it is illegal under California Law<\/a> i mean im open to including example im not sure you need examples i think that will open it up and not to make it meaningful distinction. Ill kept that as friendly amendment to approve attachment a that sxhour has suggested to end the words and record or reco record. I think he had other language in there. We may need to delete written at the end of the first line have to be i mean a written communication do you have any thoughts on that. Director pelham. Or you that that is okay. Because it is just an example. I think that you were to strike the written at the end the line 10 im not sure well losses anything it is informal writing or record it has the balance of some recognize i agree if someone is standing on the street with video capturing and people taking good ideas out of a whatever theyll want to capture. Lets take out written at the end of the line sorry to interrupt you. You accept that amendment. I do yes ill call the question. All in favor, say i. I. Of adopting attachment one as amend amended i. Opposed . Let the record reflect. This is in response to mr. Pilpals comment we looked at 24 that should reference so lets talk about that minor anti or take a separate vote. City attorney advising if you could take a quick vote. Maybe vote to give me her discretion. Thank you anyone else you find. Die have a motion to that effect. So moved and. All in favor, say i. I. I guess ill call Public Comment<\/a> . All right. I like an opportunity to comment on a motion on the floor particularly it gives ms. Pelham is Discretionary Authority<\/a> to add to section 4 dot 114 a romania numeral 3 and insert roman numerical 3 to comply with the judges recommendation to add First Amendment<\/a> rights protections why would you not do that. Why would ms. Pelham not use her discretion to amend editorial issues and attachment one why should my neighbor in and Apartment Building<\/a> have freedom of speech rights and as a than current City Employee<\/a> i didnt what was that all about . Simply because you become a City Employee<\/a> you can be retaliated against and thats okay do my managers did any managers add laguna honda hospital and substantially department of Emergency Services<\/a> no, it would be okay to retaliate against me using my First Amendment<\/a> free speech right and youll be okay with that if one of you dont make that motion to add it i think you should pull out the red editorial pen and add that g before i windup in front of the board of sups begging them to put it in there so the next judge wilkins didnt have to noted a serious flaw in the city chapter and in your regulations that you write with our red pen can change thank you. Ill call the question oh, any Public Comment<\/a>. Just one more thing commissioners im worried about the preferential fix of having timely investigations that would be an empty procedural represent rationed what is needed a quality review mechanism to insure that an investigation is an investigation whether it is done in thirty or 90 days didnt matter the quality of the work that matters to the chibz and the public also i strongly support amending the whistle blower ordinance the protection ordinance so that contractors are covered one of them recorded miss appropriations the central subway Accounting System<\/a> a contractor there they were fudging the budget she went to the Whistle Blower Program<\/a> and met with the City Attorney<\/a> and was told oh, we cant protect you, your a contractor so the ordinance should be amended to so that fraud in contracts which take hundreds of Million Dollars<\/a> of public dollars every year could be imposed and the whistle blowers will be protected in some way thank you. Commissioners ray hart for San Francisco<\/a> open government and i will repeat on this section the same as the section before what damn difference does that make you pass you have no intention of enforcing and you dont this law has been on the books for how long and not one time has anyone been protected an effort made to protect them and city agencies rare on a regular basis retaliate take job actions and the only defense that most of City Employees<\/a> is their own union that gets a bad name their oh, i cant firefighter an City Employee<\/a> you can photographer a City Employee<\/a> if you do paperwork that is justified and supply get rid of of an employee that does something which discloses the fact you were doing something illegal and they in an effort to hide it retaliated now, im not an City Employee<\/a> but alicia the city larger than and the jet of the Library Commission<\/a> used and abused their position to withhold records from oar period of two years i appellate the City Attorney<\/a>s office to force them to disclose they denied two positions the first one after a year and the second one after the second year i took them to the Sunshine Ordinance Task<\/a> force they found them in violation for supporting on public body that was with for acting as their council for a public body withholding public records you wont do a damon thick to enforce this you can sit and reangry the letters on a page but the citizens of San Francisco<\/a> anyone who is ever been protected by this law he said no, he couldnt so it pa what youre here to sit around and just a second our yauz and make changes to things that are irrelevant have no intention of enforcing them the very people you have to go after the people that put you in our seat it is hard to convince a man when a mans job is not united way thats what you do you sit down and do everything that you look at 83 the desk and dont Pay Attention<\/a> you make funny noise and funny faces and when the public comes and calls you out you sit down silently theyll not finally come to the conclusion you dont work for them despite the oath. Thank you ill call the question to give permission to the executive director to make the changes for the tip graph errors things of that nature. All in favor, say i. I. Opposed . That motion carries 5 to nothing turning no 80 now to attachment number 2 which if i understand correctly what youre seeking from us here is direction to whether or not we want you to proceed with drafting amendments to the ordinance for the board of supervisors approval; is that correct . Yes. This has the entirety of the ordinance and to clarify some of the issues with the civil grand jury and commissioner hur and others commissioners original january 20th memo there are some items in here well be looking for the policy commissioner policy direction to like us to continue on with conversations with the board of supervisors and is as you said weve had a collaborative process and possess on the officials of controller to xiem the contractor that the policy decision that Commission Time<\/a> to explore further including the contractor that work for the city under terms of the contracted for to say city and county of San Francisco<\/a> that that works in pagers and similar soundproducing Electronic Devices<\/a> are prohibited at this meeting. Practice will be some requirements further input from a the departments that are experience working with the city contractors i think were looking for policy direction on all things probation officer purchase. You very specific issues that you would like directions on you mentioned the contractor. If we start at section 41 hundred for example, there is language that addresses the language of contractors start on line 17 it would state the language is mirrored through the employment places ill highlight this was will create a new reference to the protection of the whistle blower ordinance extends to contractors operating within the scope of a contract with the city and county of San Francisco<\/a> from retaliation and but also expands the language on line 20 to file complaints what about beyond just those filed with our own agency that recognized an employees theyre more comfortable bringing complaints elsewhere and extend to the individuals that want to bring complaint outside of their own agencies if to a supervisory employee and decided to do something with that that is in section 41 hundred to expanding the base or the points of contact for actually receiving a complaint that actually provides protection for the whistle blower protection ordinance. Do you want me to continue. Section for example, on line starting at line 15 there is some language that would clarify what are the types of activities that improper government activity means and so it strikes reference to violations of the california penal code because that seems to be a very High Standard<\/a> for what can be alleged in other words to get protection under the protection ordinance but not fits language about engross raised fraud and abuse of city resources that adds clarifying language for those types of irks are appropriate subject matters for the retaliation if their information is brought forward that should be appropriately covered. If i can forward to lets see sections 4. 115 youll see the same language we get to the language it talks about the retaliation it prohibited it talks about the contractor operating outside the scope or contractor has in good faith filed a complaint elsewhere define it with supervisory employee with the at the individuals department or another city and county or federal agency so again, this language is trying to provide the actual protection on the bottom of this same page in the administrative complaints the notation that in order to provide some accountability that doesnt currently exist the Ethics Commission<\/a> may refer matters to the dhr and require that any other board or officer report to the administration that is referred for a followup that will introduce some language that is spectacular to the Controllers Office<\/a> elsewhere that says 90 a day within receiving a referral the commission or referral from the administration for investigation and possible disciplinary action the department shall report back to the administration if so a power tool what happens on the issues when their properly referred to another department thats the language were proposing to include and get our feedback on. There is clarification on the next page on line 7 to 9 under the burden of retaliation to clarify one of the points that commissioner hur and staff member addressed that clarifying where the burden of establishing what pivots that will clarify to establish the retaliation occurred a complaint in a civil action demonstrates or the commission in an administrative proceeding must determine by the preponderance of the evidence that the complainants engagement was a motivating factor and trying to clarify the standards for the procedure that are used under subsection c were proposing to include under subdivisions 5 underlines 25 through 29 accident requested that the commissioner hur mentioned earlier that the language for cancelation that following an administrative hearing for the existing authority and making a vbldz many or that a violation happened may doll for call for the interpretation or other adverse employment who exercise their Voting Rights<\/a> under the protection ordinance that was directly referenced if the civil grand jury report. So i think that and combined with the Civil Penalties<\/a> thinking about what makes sense maybe that massachusetts make more sense for not the retaliation but it is worth the Commission Consideration<\/a> how best to implement some sort of penalties and remedies for violations. If i could directing your attention to section on the next page on lines 26 through thirty were included new language for the sanctioned for the disclosure of the whistle blower that was through no the addressed in the civil grand jury report i think on point as we went through this there is not a specific sanction for someone it disclosed a identify of a whistle blower of the perimeter of the law and those individuals that knowing are subject to a sanction as well. I think those are the essential components the hangs that for the actual statutory language the last two packages of the attachment two there are draft regulations that very much anywhere the draft regulations of attachment one that you acted on to this to the extent that make sense the changes will be made consistent and to the extent they clarify the reverberations that are added or exist the revised ordinance those regulations will apply. Is there a motion what direction wishes the staff to proceed in attachment 2. Thats a good question on the draft regulations on the back of the revised ordinance do we need any of these now weve adopted attachment one. I think the idea was this the language of the ordinance will change as shown in attachment two those regulations will still be useful because for example, as it is currently drafted it would not chaplain complaint as shown in promoted regulation 4. 10. Weve. If that were in place would it needs to be changed based on the language of ordinance actually no. Those will be consistent thank you for that clarification i misunderstand. All right. A so just to confirm mr. Chair im assuming now weve gone over them it would be appropriate for director pelham to meet with key staff at the board of supervisors to review those and get their comments on it and possibly bring that back to the commission. For more discussion . I think if this is the commission desire ebt or if those are policy areas of interest and action by the commission to say were on board with those in concept and want to talk with the Board Officers<\/a> to see where the specific language thats one way of approaching that dont think the lovely of comfortable with the concept that are embedded the draft ordinance i dont know from the City Attorney<\/a> has anything to audio. I mean thats the pobltd and the other possibility were recommended and so the board know that is soft what we want to do and several a back and forth with the board no, we cant do this and that but i might be more helpful to send them language for them to device and deal with. Im for one am consistent with the upgraded changes that were discussed and so whatever we can do to get this forward and get it before the board hopefully and adopt that. I think that makes sense mr. Chair and also for us to the number of things we are addressed by ms. Pelham to try to word smith well be here all night and whether or not we could i mean, ive tried to process as much as i can in terms of the fine presentation i think that commissioner hurs suggestion is good lets get it to the board. Moved. I move we approve attachment two. All right. Any further discussion before Public Comment<\/a> ill take Public Comment<\/a>. David pilpal speaking as an individual my first is there a meat and cover as it effects the City Employees<\/a> the past and certainly i dont know next very much appreciate the first of all, all the work but also in particular including contractors im not sure though this language actually ultimately does the tricky read this to cover the contractor. Sorry starting on package one lines 17 and 18 the contractors operating outside the scope r beyond the scope thats the contractorism bus not an employee therefore so ill strongly encourage adding the employees something to it effect if youre intent to cover not only the contractor but the employee and i like that construct of operating beyond the scope of a contract but for some reason that entire expect isnt on page 2 lines 14 it says operating pursuant rather win the scope and not just the contractor but the employee there were other points in here sorry these pages are not numbered i guess 4 about the one one 5 a im not surehy youre proposing 90 days the particular with the controller is 60 days you wouldnt days is a good amount of time ill suggest that conforming that to 60 days on the next page penalties and remedies line 24 i like increase the amount from 5 to 10 through these but not sure indexing that to inflation is easy to do unless the controller is the shoring the new amount it gets complicated reducing it to 10 and the next time it can be increased again, if it make sense i mean is seems odd the amount in two years is 10 thousand plus i have real questions about the cancelation retaliatory job commissions does that commission have the authority to do that overruling Civil Service<\/a> that is an interesting question to me i dont know if you got advice on that ill appreciate the rest of points in here i think there is a section sorry just one more if i could the notice of whistle blower protections in e and 4. 115 i believe requires the controller to post the notices not require theyre an employee handbook that seems like a good place and finally the Ethics Commission<\/a> i think a handbook would be okay and equal time to run over mr. Pelham. E mr. Pilpal. I was line i when i was 23 i ran away to the army against my mothers advise they said i was gay you know dont ask no tell so at the end of the boat camp i sweated it knowing i didnt have Upper Body Strength<\/a> on adrian that get me through those camps so i wont have to repeat 8 more weeks of hell my mother flew out to see me graduate any drill sergeant told her he may not make a good soldier the army but by god hesitate tenacious im back tenacious is helen this whole issue of free speech right. How much judges to point out to you that four dot one one 5 a hesitate your regulation needs a facelift rue paul would note it needs a facelift im going to repeat myself because im tenacious why should my next door neighbor have protections under the First Amendment<\/a> right but when i become a City Employee<\/a> i lose it is that what the bifurcating is all about once youre a City Employee<\/a> you start losing protections under the bifurcating bill of rights under the constitution. You need to find our wholeness whether you have them or not you need to recommend to the board of sups that they add First Amendment<\/a> free speech rights and tie retaliation protections for City Employees<\/a> otherwise you will be over thank you for the opportunity e turning or our founding father in the bill of rights it is okay to stipulate the employees of First Amendment<\/a> is that something you want to do to our grandchildren commissioner is that what we do the avenues why would you not give City Employees<\/a> First Amendment<\/a> protections because in their bad people earning a pension it is sufficient to take away their First Amendment<\/a> rights give me a break. Good evening, commissioners and director pelham friends of ethics i have one comment first of all, thank you very much a lot of hard work has gone into this i thank you all but the one thing the section 4. 120 to 23 confidentiality that i dont see one of the biggest problems on i discovered when i chaired the committee for the Whistle Blower Program<\/a> back in 2010 and 2011 other than the civil grand jury when the whistle blowers would try to find out the status of their complaint they were kept in the dark using confidentiality as the weapon to keep them ignorant of what is going on with their whistle blower complaint i dont see anything in here that might give them information whether it is thirty days, 60 days but dr occurrings complaint wu were used as a pingpong ball between the Controllers Office<\/a> and this body i know that things are moving forward to improve i wonder i may have missed it if a whistle blower were to try to find out what the status of their complaint was theyre entitled to know that thank you. We address it in the rags. Commissioners ray hart for San Francisco<\/a> open government i left hand to these conversations and could have scorn if you send something to the board of supervisors they choose not to respond end of story and very frankly given the efforts from the members of the public have tried to get them to do things that is likely what. Happen. Youre happy the executive director as sitting here oh, lets find a way out not have a conversation to respond to us lets sends this over if necessary keep it for 5 or 10 years or dont bother to respond thats what we wanted you dont really care about in whistle blower thing because if so none of you that will be in that position you dont care, he can stand here and say eave never helped a whistle blower you dont care i can stand here and say your historical and practice show that you have absolutely no interest in protecting maintain but the city and the City Employees<\/a> and the elected officials and you can sit here and go through this charge raid thats all it is a charge rad you send documents into the netherlands and hope a member of the public again didnt found how ineffective you are willful ignorance is with your willfully ignorant of those processes you were willing to send is it to the board of supervisors and just sort let that hang out there i think youre all hoping to god our term of office is over before you it exams doss honestly i dont think anyone one of you want to deal with anything and certainly anything that protects a City Employee<\/a> that blew the whistle you wanted to protect the city departments from being discovered it illegal actions we talked about ed lee hes been found by a federal investigation to have people under had his control and command engage in illegal activities on his behalf you dont think an audit of his campaign is even worth consideration you are the total slaves of the people who appointed you and the only thing youre interested in not putting their noticed out of joint and want to get our backside in at a hair on a commission. Thank you. Commissioner keane was trying to get me to declare a recess and stepped out im prepared to call the question do we have a motion one thing that mr. Pilpal raised that about contractor i think maybe that is something ms. Pelham maybe that is something raised addressed by regulation we do get this implemented but sounds like you may have a suggestion. Mr. Pilpal question about the different phrasing under the section 41 hundred is certainly language that needs to evolve a definition to distinguish behind that language in 41 hundred start on line 17 well find that the charter protects those including contractors, operating within the scope of a contract so the protection is to those operating within the scope of a contract with the city and county then when you read section one 05 this speaks to improper government activity so it uses the phrase with regards to the contracts when someone files a complaint alleging improper activity by somebody use the language operating employer contractors operating pursuant to the city and county uses instead of operating within the scroll but pursuant to the contractor presumably didnt involve improper government activity it could be lost and tweaked as we go forward but a conscious decision those were different things. Mr. Pilpal i feel better i asked the same question. How about the insertion of word employee. Again, i should defer to the executive director but starting to get word i didnt you have employee right before the contractor and so you know hopefully that is something we can address by regulation i will agree that is the intent as i understood to include the individual that work as a contractor or work for the employee or employer that is a xrashth not just the entity themselves. Ill call the question all in favor, say i. I. Opposed . That motion carries. Unanimously. All right. Turning to item number 6. Item 7. Item 7 discussion and possible action on items for future meeting are there any suggestions . Commissioner keane commissioner chair some hopefully, we will recall that last year you appointed me as a committee of one to try and rewrite prop j that was pretty much taken out by the board of supervisors pursuant to that we comp came out with one ballot for last year and prop c went i have with the help of the friends of ethics and the grand jury a proposed draft of restoration of prop j that i will be submitting to you mr. Chair just by mail by email within the next few days with copies it ms. Pelham and the City Attorney<\/a> for vetting to begin the process it is urban likely given what we saw last year that since there is so much involved well be able to do anything for the ballot this year if possible it is unlikely i want to get that process started that has been rewritten to ill be send that to the 3 of you one the next week or so and so hopefully at some point well get the vetting of that. I want to thank the friends of ethics and also the members of civil grand jury for the help on that they were great in terms of theyre the writing of it and also in particular any other suggestions for additions to the agenda . Public comment or suggestions yes. Charley our friends of ethics ill recommend that you might want to put the audit item on the agenda whether that is next month or the months after whatever the time it facilities for the staff to develop some thoughts and some proposals maybe to bring forward i really would at this point look for public hearing on that topic to see where the public thinks the commission could be more robust in its approach where it needs to be more robust in its approach and i would like to recommend at some point look at when you plaza plaza place the measure on the ballot anything we place on the ballot should have an issuance off finding to show how that measurer up and how we can, in fact, meet the specifications as addressed by the law that is that it has a further the purposes of the act because heretofore many of the items that we taken to the ballots or taken to the board under super majority were less on and on the effects of the acts they were repeatedly sections of the law and now were clean power a little bit with prop c and maybe prop j and those are not the only problems weve had so there needs to be finding when you modify the c or any of the other ethics laws regarding conflict of interest where we have to demonstrate how it does, in fact, further the purposes of the act that is very important. Thank you. Commissioners ray hart for San Francisco<\/a> open government and i agree with the prior speaker that is the perfect opportunity to put up or shut up you have the procedures of fair notice and so put it on the agendas for the next time consideration as to whether a special audit to be ordered by mayor Ed Lee Ed Lee<\/a> for mayor of 2015 on as acted as a special audit now you said you know either nothing or you sat there and all those things heres a Perfect Place<\/a> to put that not two surprisingly this is the only item i approved gives an opportunity underlined for any member of the commission to place the items on the agenda for consideration i do wonder if someone will choose to exercise the opportunity and whether they will be allowed to place the item other than the agenda or youll vote not to do it as far as the public is able to understand the agenda are formatted in square feet by the chair and staff in some cases to hide the cases from the public for my experience the leadership of the Ethics Commission<\/a> operates outside of the public view we hear on this what the executive director cares to tell us and we never hear anything bad there are never any problems nothing needs to be fixed everything is fine and end of story whether the members of this commission individually or collectively choose to dare quote bite the hand that feeds them unquote only time will tell microfilm i think of the history of this commission to indicate along with the probability this will happen you are here to protect the city against us you are here to energy them to do whatever we want with regards to the law and the recollections to fairness and to quality to anything and the reason i say that you never do anything otherwise and let them off the hook even after you went through what you did this donor mat with the supervisor farrell what it comes down to authorize the chair to go back and make a back room diesel e deal bans god, only knows what the public still didnt know why it was on that agenda you know that. Thank you dipped the next is the information of enlightenments that occurs to me whether the matter and the mark farrell matter that came up there hadnt been any closed sessions in the last few months to discuss pend complaints and i seem to recall im not sure there were matters that were held over at the end of last year pending the staffer transition so ill thinking there maybe pending complaints that maybe processed or presented in open or possibly closed session that would be in his to reduce the backlog so in terms of items for future agenda that there are scompliement items to be scheduled that would or will be good and discussion of overhauling the Enforcement Program<\/a> with different letters to complainants notifying them something is received and i thought that was a package that the acting director had but not to the point of getting out there i hope that comes to you in the time the next few meetings i think that would be to the good unfortunately might be a reviewer e r referral from the task force well see ill count those at comments on the next item which is the executive directors report. Just a couple of brief highlights the report goes into budget and staff reach and other activities ongoing the office we have been continued to provide information to the Mayors Office<\/a> about the budget requests we are present this friday before the commission on the department of technology about the Electronic Filing<\/a> project weve submitted a request for and two helpful notes a 3 additional as needed part time Staff Resources<\/a> coming on board hopefully within the next week individuals that share quantity of two ftes because the election seen e. R. Season a ramping up with our fingers crossed seeing the additional staffing through june 30th want fiscal year funding the budget and separately im pleased to announce well encourage you to chair the denouncement u announcement of the Job Announcement<\/a> for the deputy the deadline for applications is april 22nd im excited to look forward to that processed in bringing someone into the office to help in that capacity the audit process one question that came up the audit from the last election cycle the pre2015 as of mid month those are in sprfrl review and looking forward to having those out the door the cuomo or so and lastly as a reminder april 1st deadline for statements of economic interest is due this friday elected officials and Department Heads<\/a> are required under the city recollections to file online using a clean statement of filing system and we have stiff ready to assist with needs so as of today i believe were at 49. 29 percent filing electronically half of that Electronic Filing<\/a> community to get them across the finish line by april 1st ill be happy to answer any questions you may have. Weve been reminding folks to help to assist in full compliance. Is there a place for the public can see the Job Description<\/a> or how the duties of Deputy Director<\/a> are skiebd and the easiest place good morning San Francisco<\/a> city jobs youll land on the Employment Opportunities<\/a> may be one the featured positions but if not search in the Administration Department<\/a> it is the city director and the position was list on friday the job apps page but the Employment Opportunity<\/a> page is city of San Francisco<\/a>. Any comments or questions. Mc in response to the Deputy Director<\/a>s report. Embraced by the job shes moved into this position seem lessly so well and picking up on American People<\/a> enormous number of things much from her experience in los angeles shes someone that is part of fabric of doing this job so well, that im just feel we are fortunate i want to emphasize that on top of that her report that youre pretty impressive thank you. Thank you. Public comment. You had our chance mr. Mr. Pilpal. Youll get us in big trouble. You talked about the executive directors report. I registered or referenced in place for future agendas that recent clever of me. Youre a good lawyer. Im not a lawyer. You should be. Ill try to be brief dipped as an individual two items again related to future items their used to be a chart we see ever foe months it deciphers from the indicator and policy issues and all that could be made a regularly attachment then ill not to have it is a this well know what is the out months and the other points on the revenues report that shows that the receptors are way above the budgeted amount i think that money into goes 0 both the general fund but the with Mayors Office<\/a> to recapture that as needed staff or on the initiative for the rest of the purposes it would be nice for whatever reason well have more lobbyist recorded and it would be nice if those resources are small the grand scheme for the city but large for the commission if it could help with the staffing needs thanks. Thank you. Commissioners ray hart for San Francisco<\/a> open government since a couple of things were bought up i feel theyre fair game commissioners comments to the executive director what a great job what a until i try to Start Talking<\/a> with her and she fails to get back but to fail to let you know she needs for time they cant be taken at her word that is a basic fault with anyone that is in office of public trust i will comment on two items on the executive directors report the first item 5 investigation of Enforcement Program<\/a> that almost always shows zero sunshine ordinance compliments i have 24 denominators finding people violated any freedom and not one only the one you managed to hold awhile i was out of the state that was contrived by your staff it couldnt have accidently happened they announced it the day i left and held the hearing a day before i getting got back you have no pride and not say a word i intend that the number of sunshine ordinance complaints will grow ill turn p them in writing i do not trust the executive director to not buyer them and the staff two of the inspectors and these are the people im popped to trust to investigate the complaint in an impartial way and the second item 7 the bureaucracy of diligent revenue account youre showing the willingness to take people to court for 5 thousand dollars and mark farrell for supervisor 2010 owing more than one and 90,000 dealing that is a matter avenue backroom deal that Ethics Commission<\/a> authorized commissioner renne to deal with that unquote using the power combrufd you by san franciscans you have decided to abuse that power by going after the little fish and please be advised the ringing of and use of cell phones, kate the whales it is little surprises that few people attend those it is nauseating to watch the abuse of power if you think that tonight is an exception stand by in a few summaries there the record and two or three years i can point out i told him some go that i am moral and unlawful and illegal they ignored it thank you. Thank you for speaking immediately when that my time rotundas out youre the most unfair person have to have the appearance of being fair you dont even try it is a big joke. Next item is approval of the minutes draft minutes for january 25th, 2016, and february 19, 2016, commissioners have any comments or suggested changes. Move approval. Second. Any Public Comment<\/a> . This Public Comment<\/a> on, on the fact those minutes our 0 january 25th meeting the agenda item was not clear to the members of committee and as ive said before it is supposed to be clear to the public of average twinkies or could be complicated having a bunch of documents failing to say what those documents are on there is outrage over members found it was unacceptable in i like to hide things to do it in a way that people wont know what is considered and very frankly, i think that it goes down to the leadership is why he spoke against the commissioner been restate he wants to side thing the executive director want to do things behind even though scenes and hide from the public i think the reason commissioner hur is in office hes the biggest sneak of all benedict. Huh . Benedict. Benedict arnold works for me but the bottom line is im gotten sick of it and gotten disappointed by the fact when i first started to come to the meeting there were 50 or 60 people now, maybe a dozen it is because thankful give up they dont build you have any intention to make anything or support it you can smile commissioner hur but you can that is the truth and you dont say anything a back it is true you can look at our record what has this body done to make that city a better place nothing you try to make it look that way you write the history well, no more i have 12 hundred words in our anybodys probably more than you give me me for power than any of you have i would be pubically embassy want to would this term to get something meaningful done rather than having two or three terms and get nothing done make in change for the better rerearranging chairs on the deck of the titanic and simply rewrite the rules you know in our heart and soul you have absolutely no ability or willingly njs or integrity to enforce i cant think avenue simply person who is punished by you in all the time ive been coming here that would have any effect on City Government<\/a>. Now youve sat down thank you. Did he hear a motion to adjourn no, we have the got to approval the minutes as outstanding motion to approve the minutes which was seconded. All in favor, say i. I. Opposed . Theyre approved 5 zero im entertain a motion to adjourn. So moved and second. All in favor, say i. 3 minutes. All righty so we shall convene the Board Meeting<\/a> all right. Thank you all for coming mr. Clerk would i like to call roll please. Commissioner cohen will be joining us later commissioner meiberger commissioner bridges commissioner driscoll commissioner makras commissioner paskinjordan","publisher":{"@type":"Organization","name":"archive.org","logo":{"@type":"ImageObject","width":"800","height":"600","url":"\/\/ia600208.us.archive.org\/30\/items\/SFGTV_20160405_050000_San_Francisco_Government_Television\/SFGTV_20160405_050000_San_Francisco_Government_Television.thumbs\/SFGTV_20160405_050000_San_Francisco_Government_Television_000001.jpg"}},"autauthor":{"@type":"Organization"},"author":{"sameAs":"archive.org","name":"archive.org"}}],"coverageEndTime":"20240624T12:35:10+00:00"}