kind of legislative principles they should be developing with respect to student discipline such as expulsions. so i actually have a lot of hope that we will come out of something -- that they will be a leader. san francisco has been a leader on this. >> i want to say that i have brought to the csba a policy and program staff and also to the executive committee, the frerls the restorive practices workshop at the school sight summit. they're interested in already working on it. and last i should say that if any of you, the csba will develop a number what i've been calling content area, probably one of community schools, charter schools, school finance and so all of you who are delegates, three of you will be getting, you know, you'll get

information when committees, appointments come up, even if you're not delegates please let me know. >> i wanted to just quick -- there has been a lot of things going on in the school district. but i thought one of the coolest thing that happened -- was it yesterday? was that nasa visited gallileo high, that's what i call it. so they had a live astronaut coming to talk to the kids. and it was such a great day. it's too bad other high schools didn't have the same benefit of having these speakers come to the school because they were pretty inspiring. i could see the kids thinking in their heads, i want to be an astronaut. and it was that and i'm going to move on to item -- ok. i'm not going to end anything. commissioner mendoza?

commissioner mendoza: so budget and businesses service committee is meeting tomorrow at 6:00 p.m. so be here for a third night in a row. and i also want to announce a -- the asian-pacific american heritage month. they're doing a student project and the club or group can win up to $750 for their club. and so we're looking forward for having them apply for this. it's going to be student clubs and association encouraged to enter into a service community project. it can meet the needs of the a.p.a. community and at the same time promotes the awareness and history of a.p.a. history month. and so we're looking forward to getting this information to all of the high school student clubs and hope that they will take the youth service challenge.

>> commissioner murase? >> i just want to make a comment and a couple of shoutouts. tonight was a really super tough meeting. i'm still kind of in shell shock. but i did want to state that the march 15th deadline is state law. there are some things that we criminal and some things that we don't control. i just want to say that we all need to be on the same team. teachers, support staff, i'm hopeful about the measures that will be on the november ballot. but i really invite folks who have possibly solutions to come to us. we heard a lot tonight about whatnot do, but i think we'd love to also hear how we can work together to close the budget gap. a few shoutouts, many of us were at the honor roll event.

i want to thank commissioner maufas for her leadership and virginia marshall. a number of commissioners were at sun set elementary school for read aloud day march 2nd. abraham lincoln had their b.s.a. performance. brotherhood, sisterhood performance on march 8th. and i attendanted the ignite performance on march 10th that brought young women, high school and college students from all over the bay area to get them activated in the political process. it was great. i met some young women from san francisco public high school. let's see, claire had their starlight celebration on march 10th. and i also joined commissioner ye and commissioner fewer at the galley yo event.

i had never met a u.s. astronaut before. so that was very exciting. and just a shoutout for the san francisco p.t.a. they're having their reflections award ceremony on april 14th and bike to school day april 12th. thank you. >> i'm shocked that you didn't mention that yesterday was the 100th anniversary of the founding of the girl scouts of america and both commissioner murase and i were there. the commissioner was instrumental in planning the event. it was the declared girl scouts day by the mayor. >> item t, report of closed session, none. no other staff reports tonight. so item d, adjourn. yeah.

>> welcome. calling to order this meeting of the san francisco ethics commission on march 26, 2012. thank you all for being here. let me begin by calling the meeting to order and taking the roll. commissioner hayon? commissioner renne? let me note before we take

public comment that matters related to the mayor's suspension of the sheriff that are the responsibility of the ethics commission will be handled and scheduled separately. they will begin with a preliminary hearing that will establish the rules and parameters for that process and the dates and times for those proceedings will be posted consistent with our usual advance notice requirements so, again, nothing tonight will relate to that topic but there will be public notice as soon as we have the dates arranged with the relevant players. so, thank you very much. let us -- let me return to the roll call and note that commissioners liu and chair hur have been excused for tonight. three members of the commission constitutes a quorum to proceed with business. let me start with public comment on matters appearing or not appearing on the agenda that are

within the jurisdiction of the ethics commission. >> yes, you probably reminded yourself recently a number of times but let me take this opportunity to remind you again, you have already found someone guilty of official misconduct by unanimous vote of this body. there was no contention that it was not related to the office involved. and, of course, it was willful misconduct in the chairing of a public meeting in an open session with the cameras on. if the mayor is content to stand behind his appointees after they've been found guilty of official misconduct, why should you go to the trouble of determining official misconduct on someone else? if someone remains in their position, guilty or not guilty, what's the point? not only did the mayor do nothing but this library commissioner was reaffirmed as the president of her library commission by unanimous vote,

ostensibly as a reward for engaging in the misconduct and getting away with it. actually, someone has been suspended -- someone else has been suspended based on the charges alone but the library commission president was reaffirmed after having been founded guilty. do you know what they call it when someone abuses the public, squashes those who rely on democracy and expect decency, commits official misconduct and make fools out of the ethics commission? they call it leadership. those who run a private non-profit that depends upon ripping off the city of millions of dollars all came down to the library commission and complimented on her leadership and as i say, unanimously reaffirmed her in her position. what should we assume, that it's not important because it only harms democracy? the analogy would be if the

sheriff was found guilty of misconduct and everyone re-elected him because he had the ability to crack down on those stupid domestic violence complainers. if the mayor brings charges against someone for willful misconduct and they are still qualified to serve in his administration, as i say, what's the point? there used to be a saying that those are poor of guilty until proven innocent and rich are innocent even after proven guilty. apparently, our sheriff probably didn't know that he was that poor. i would suggest that until the actions of this body are taken seriously, you should refuse to act. if the mayor is not going to do his part, why should you do yours? i suppose the good news -- thank

you. >> thank you very much. >> commissioners, as the previous speaker mentioned, this body sent this letter to mayor lee regarding jul gomez, president of the san francisco library commission, recommending she be removed from office. on february 2 of this year, they re-elected her, again unanimously, only nominated her for president and i was at the meeting and made comments to which she took offense. [audio recording]

[inaudible] >> he's the center of the universe and he can say whatever he wants but this is civil discourse and he cannot say whatever he wants. i know 12 people who will bury

him. >> that was ms. gomez saying she knew 12 people who would f -- bury me. [inaudible] [audio recording]

>> i apologize for the poor quality of that but basically what she said was if she could have, she would have thrown the f -- microphone with me and garroted me with the microphone cord and the following week she went to the san francisco police department and filed a complaint against me. she didn't sound very upset to me. she was laughing and joking with other members of the commission and the commission secretary and yet she went to the police department and filed a property property -- police report which said she was in fear of me. >> good evening, commissioners. i've been before you for your last several meetings asking you when you are going to schedule a hearing on my two sunshine complaints that were referred to regarding official misconduct against your executive director,

mr. st. croix. it's been over five months, going on six. when are you going to schedule a hearing open to the public on sunshine complaint 11-013 and 11-014. i've been here begging you to schedule that hearing. i deserve my day in court. as the previous speakers have testified, this commission had 18 willful failure and official misconduct charges referred to it that you simply tossed out, did you nothing. then, jul gomez came along and you finally took action and referred her for official misconduct to the mayor, following your finding, i went up to her after the meeting and i congratulated her at being the first person in history that this commission has ever

referred to the mayor for action. her response was to bend over, picking up her book bag and her jacket and she snapped her jacket at me trying to strike me with it because she didn't like my apparent sarcasm. i wasn't trying to be sarcastic, i was just offering her congratulations for being the first person to have been found guilty. since then, the mayor has done nothing and he knows and you know that her behavior was on-duty behavior which, following the then airport commissioner, joseph mazzola appeal, an appellate court ruled that official misconduct can only be brought for actions related to one's actual job duties. so this commission has no

business hearing any kind of official misconduct case against sheriff mirkarimi no matter how reprehensible his actions may or may not have been because they were off-duty behavior and it occurred before he was sworn in. it had nothing to do with his job duties. if you conduct some kind of kangaroo court hearing and the mayor hasn't acted on-duty official misconduct of ms. gomez but you pursue off-duty misconduct against sheriff mirkarimi, you will be conducting a mockery of ethical behavior. >> good afternoon, i'm peter warfollowed, executive director of library users association.

the previous speakers have spoken, i think, very vividly of the unfortunate and worse-than unfortunate behavior of the library commission president, jul gomez, at a meeting in which she shouted down a member of the public and prevented her from having her right to speak and make public comment under free speech and sunshine laws in the state and in the city. as was previously pointed out, there were 18 referrals from the sunshine ordinance task force. this was a unanimous 6-0 ruling of willful violation and they sent it to you. you found that there was willful misconduct and official misconduct but for various reasons sent a separate letter to the mayor essentially

recommending that she be sacked. nothing has happened of the sort. instead, as you've heard also, she was kept in office by the mayor's appointees, all seven of the library commissioners, and they unanimously elected her president, once again, after your finding, and she stays in position as library commission president. her misbehavior was very clearly in the core of what she was doing as library commission president. she, as president, is in charge of running the meetings and the violation to the member of the public and to everybody, really, was core to her responsibility as president of the commission.

others testified at the sunshine ordinance task force and personally that the behavior of shouting down a member of the public was so disturbing and distressing to them when they were in the room and i'm not talking about myself or any of the other who have spoken today, testified they felt truly intimidated and frightened to speak and did not speak at the commission meeting as a result of this behavior. for your action to have absolutely no visible impact whatsoever on the library commission, no impact whatsoever from the mayor and an endorsement of the bad behavior by re-election i think is scandalous and raises serious questions as to whether and how you'll act in your upcoming matter. thank you.

of. >>. >> is there any other public comment at this time? seeing none, i'm going to propose a change in the order of the next few items. when the agenda was determined, we didn't realize that somebody from the library staff was going to be here and out of respect for this person's time, we're going to move that item up now to deal with the final attention to the s.i.a. and then return to the random audit and public finance issues that involve all of us. is that -- i apologize. the staff did tell me about it. i was of the view that it would not affect the public comment items. let's take the proposed amendments to the statement of incompatible activities for the public library. would you like to introduce

this? >> at his last meeting, the commission initially approved the draft changes to the statement of incompatible activities for the san francisco public library and since that time, the city department of human resources, the ethics commission and the public library engaged in meeting, confer with the unions that represent the employees affected by the s.i.a., because we have satisfied the meeting confer obligations under the law, the commission may now proceed to finally adopt the proposed changes and once they're finally adopted, what we will do is send them to the -- to the library and i'm happy to answer any questions. and donna marian from the library is also here. >> hello, ms. marion.

do you want to add anything to the status report? >> i want to reaffirm that the library did have the meet and confer and received no objections. >> do the commissioners have questions for ms. angle or ms. marion? >> we stand as we left them at the last meeting. >> i'll entertain a motion on the proposal that's before us now that all of the steps have been carried out and then invite public comment on the motion. >> i would move that we accept the amendments as approved at the last meeting. >> i will second that motion. >> thank you. any public comment on the proposal about the s.i.a.? >> patrick. i did not see in the library's

amended statement of incompatible activities holding to position of commission president following a finding that the ethics commission found her in willful misconduct of the sunshine ordinance. one would reasonably expect that if ms. gomez was referred to the mayor for removal, for official misconduct, on duty, that it would be embedded in the s.i.a. and that there would be some formal action taken against her. to the extent that there is not anything in the s.i.a. addressing willful misconduct on the job, the whole s.i.a. process is also made a mockery. you can't have library

commission presidents attempting to strike a member of the public, that would be me, which you didn't do a thing about or lift a finger to follow up with the mayor, that the good ms. gomez was first found in official misconduct and then she attempted to strike a member of the public. that behavior, had i pursued it, could have been criminal, and there's nothing in the s.i.a. that addresses potential criminal striking of the member of the public in city hall and allowing her to keep serving on the library commission. you need to go back to the s.i.a. drawing board and embed in every s.i.a. for every city department that official misconduct is automatically

grounds for removal. >> yes, good afternoon, commissioners. i did appear at several previous hearings on this item. i'm sorry that i was not here the last time when it was initially approved because there are a number of objections i have made previously and i want to reiterate now. there's no department in this city where the private influence is a greater problem and in fact there's no department that has greater pride in the fact that they are a public-private partnership. they have this idea that if the library would be required to follow the rules that the rest of the city follows that they'd be in trouble all the time. well, voila, that's exactly why they should have to follow the rules that the rest of the city has to follow.

let me give you one small example. this is the private entity's report that they have to submit to the california attorney general, the private part of their private-public partnership is the friends of the public library. on the front page of this it says, did you receive any and funding from any governmental resource? no. if you turn to page 15, the question is, "did you receive anything of value from a governmental entity without charge?" again, zero, zero, zero, for the past five years, they contend they've received nothing of value in services or facilities from the san francisco public library, which, of course, is nonsense. they use the facilities for all kinds of things. they sell naming opportunities, they gather books, they gather

donations. what they get from the library side is this lack of disclosure. this is a scandal that a department like this is basically privately run, all of their policy determinations are this private entity and in fact this is the essential idea of every con artist. it's called hubris. as far as they're concerned, responsibility is for fools. i hope you understand that these two things go together. if corruption were not synonymous with responsibility, abuse would not be synonymous with leadership. there's no accountability because they've got enough money to pay off everybody you could

go and complain to and one of the places we can start is this statement of incompatible activities. make it as strict as the system allows. thank you. >> commissioners, ray hart, director san francisco open government. on march 1, the friends of the public library and i'd like this to remain on the overhead because i'll be using a number of documents there. the friends of the san francisco public library issued this report and presented it before the library commission. and basically, this is what cuglean from the report of the they said they raised the total revenue by source of $3.75 million, they provided program support to library programs for $750,000, which leaves