interesting because he's obviously [speaker not understood] can write, he has a quality to be able to inspire other folks, not just latino men, but also have the ability to inspire people and transcend the race and ethnic identities that many of us have and operate with. so, i would like to put forth and nominate mr. michael santos today for consideration by this body so that we can make our recommendation to the full board. so, i'm not sure procedurally how we get out of this little conundrum because i think there are two names and two motions on the floor. mr. deputy city attorney? >> good afternoon. deputy city attorney andrew shen. i think just to summarize where the committee is right now, there is a motion to move forward with recommendation mr.

bowden and i believe that motion was seconded by chair yee. there is also an in addition a motion by supervisor cohen to forward michael santos to the full board. in terms of what we can do, we can certainly take a roll call vote on the motion regarding mr. bowden, and i guess in terms of disposition of supervisor cohen's motion, if there is a second. if there is no second to your motion, supervisor cohen, it would simply fail lack of a second and we can do a roll call vote with respect to mr. bowden. >> thank you very much for that clarification. >> so, i think the next step is is there a second or not for supervisor cohen's motion. >> so, we'll take a roll call vote on mr. bowden. >> on the motion, supervisor breed? breed aye. supervisor cohen?

cohen no. supervisor yee? two ayes and one no. >> mr. bowden will be forwarded to the full board. thank you once again. all of us appreciate every one of you that have applied. and please keep up the good work that you're doing. thank you very much. we're going to move into -- hold on, let me say this first. can you please call items 8 through 17? >> mr. chair, item numbers 8 through 17 are items regarding existing litigation. would you like to adopt a motion to move into closed session? >> thank you. before we entertain a motion to convene this closed session, is there any member of the public who wishes to speak on items 8 through 17? good afternoon, supervisors. today you are reviewing a

whistle blower retaliation settlement titled dr. derek kerr versus ccsf. i'm the plaintiff and i didn't want to sue the city. but dr. maria row aver owe and i stumbled upon wrongdoing ~ in involving laguna honda's ceo that we just couldn't ignore. after notifying the whistle blower program, i received a unique permanent layoff and dr. rovero was harassed. we reported the retaliation to the ethics commission, but ethics did nothing to protect my career. instead, they told me to get a lawyer. then ethics took over two years to complete their investigation. in retrospect, the lawsuit was our only hope because ethics has not sustained a single

whistle blower retaliation claim since it was founded. not one. many studies have shown that reprizals against whistleblowers are common with rates up to 90%. but with our ethics commission, the retaliation rate is always zero. that's why we are here today. we hope some benefit will come of this and offer two suggestions to prevent future lawsuits. number one, ask why the ethics commission dismisses every retaliation complaint it receives. and two, ask the controller's whistleblower program to perform a whistleblower satisfaction survey. thank you for your time. >> thank you. hi, supervisors.

i'm maria rovero, i'm the silent partner in the lawsuit you're going to be reviewing. dr. kerr and i blew the whistle on laguna honda gift fund and also tainted department health contracts. then after 20-year careers at laguna honda, i was believed and forced out of my position and he was terminated. and therefore, the $750,000 settlement for wrongful termination that you are going to be reviewing. ~ bullied. barbara karosi is the ceo of laguna honda and she admitted she made the determination to terminate dr. kerr. what is the message you receive when the [speaker not understood] who retaliated is still in office? to same it shows you condone whistle blower retaliation and violate laws that protect whistle blowers. it shows you accept executive

who pilfer funds at laguna honda. violating what supervisor campos has said is a sacred trust. it shows that you condone spending public funds on rigged contracts given to cronies. it shows that you'll accept driving out ethical and committed workers from laguna honda and replacing them with towedies who rise to the top because they don't dare ask any questions about the problems there. ~ it also shows that you support a culture of dishonesty and incompetence about laguna honda. barbara karosi said she stands by her determination to [speaker not understood] dr. kerr [speaker not understood]. clearly, martha karosi doesn't get it and hopefully you guys are take this into consideration. thank you. good afternoon. my name is rita o'flynn.

i am affiliated with san franciscans for sunshine. i have exposed [speaker not understood] in the lead hazard program. in in terms of the city's settlement proposal for dr. kerr's lawsuit, the city is really getting off cheap. dr. kerr is a well respected physician with a long history of service at laguna honda who uncovered fraud, waste, and abuse and mismanagement of funds specifically intended for the disadvantaged patients served by the city at laguna hospital. rather than thanking dr. kerr for going above and beyond in his care for patients, he was fired, was robbed of his career and more importantly the patients of laguna honda were robbed of the excellent care that dr. kerr provides. like many who hope to avoid legal action and secure swift and impartial judgment by the alternate avenues offered by the city, dr. kerr sought administrative remedy in the form of a complaint to the

ethics commission. and like many others before him, dr. kerr's complaint was dismissed and it was dismissed in spite of considerable and compelling evidence to the contrary to the finding of the ethics commission. fortunately, dr. kerr was able to secure the services of an attorney to fight for his rights. many are not able to do so and the city seems to be relying on this, viewing its citizens as perfect victims. dr. kerr has been lied to and lied about and when the what the city put dr. kerr through this whistle blowing activity is beyond appalling. quite frankly i think you should not only award him his settlement, but i think you should also award him attorney's fees. they should be awarded at the standard low start rate and they should be trebled to send a message to city employees that this type of retaliation will not be tolerated. thank you. >> thank you. seeing no other public comment, public comment is closed. colleagues, is there a motion

to convene in closed session after a five-minute break? >> so moved. >> so moved. we'll reconvene for closed session in five minutes. >>please stand by; meeting in recess >>please stand by - meeting in closed session