tv BOS Rules Committee 72816 SFGTV August 3, 2016 1:00pm-2:01pm PDT
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is finding someone who can help. for the next steps, go to knowhow2.org. >>[gavel] >>. morning avenue one. welcome to our wills committee meeting of july 28 26 and i'm katie tang chairman of the committee get to my right is vice chairman eric cannot. from sfgov tv we would like to thank charles kremenak and jusco larson. supervisor cohen is unfortunately stuck in committee today. she may or may not be able to join us will get a motion to excuse her from this meeting. with that mr. clerk any announcements >> yes. the silence all cell phones electronic devices and
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complete speaker cards. items acted upon today will be on the september 6, 2016 supervisors agenda unless otherwise stated >> thank you these call item 1 >> item 1, >>[reading code] >> actually with go into that motion real quickly to excuse supervisor cohen >> moved and seconded. will do that without objection supervisor cohen is excused >>[gavel] >> so, we have here one seed one applicant mr. clinton ellicott if you would like to come forward? >> good morning. thank you mdm. chairwoman for the time spent with me relative to my application and thank you supervisor mar for your gracious telephone call yyesterday. i hope you have
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eight 3 min. rule because i don't want to abuse my time. i want to make three points. the chairwoman and one or two other people have asked me my reason or reasons for applying. my answer is, good citizenship. which i believe in. because i was brought up by parents who believed in good citizenship and participation in civic affairs in public responsibilities. second reason is my lengthy experience, mostly legislatively subject matter related to the responsibility of the ethics commission. as i reflected and
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thought about it, i began in 1972, the first year i was a san francisco supervisor. the then charter, which had been adopted by voters in 1932 and amended contained only a predatory conflict of interest provision. i introduced a proposal to make it a conflict of interest coalition with penalties for violation. that was presented to san francisco voters in 1973 and enacted. i also, in 1974, introduced with co-author john j baba gelato
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[sp?] the first san francisco election spending and donation ordinance, which limited spending to about $46,000 for a board of supervisors campaign at a time supervisors were elected at large by the whole city and i think was about $123,000 for mayor. that emulated the first speed is of its kind in california in the city of san diego. unfortunately, for a controlling campaign contributions excesses, the united states supreme court, two years later, in a case entitled buckley the vallejo, held it was a violation of the first amendment to limit
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expenditures in a political campaign for public office. donations could be limited and, gosh, 17 maybe now 15 years later, in 1988, a republican assemblyman, a democratic state senator, my then seat mate in the state senate and i initiated a ballot measure by the initiative process to impose donation limits and other provisions on all california governmental entity political campaigns. that was proposition 73 and the november 1980
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election and it was approved by california voters. again, unfortunately, some 7-8 judicial attacks, most of which failed, but one of which in effect an old proposition 73 and the united states district court for the eastern district of california. affirmed by the united states court of appeals for the ninth circuit. in 1990, i introduced and pursued to enactment what is now, you will pardon, the egotistical recitation called, the quintin know conflict of interest act
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relating to the board of equalizer nation, the board of equalization, as you know, as quasi-judicial responsibilities and that act was passed in 1990, but with a compromise on my part, which gives the lie to anyone who might say he never compromises. so, that there is a $250 limit or a member of the board must recuse himself or herself if he or she has received more than $250 from a party appealing a tax assessment subject to the board of equalize asian equalization. the footnote is there is pending legislation in both the assembly and senate to reduce that to $100 and also include
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in it the so-called behest of donations to nonprofits that a commissioner of the board of equalization might be involved in. thereafter, at the instigation of bruce bruggeman [sp?], the famous publisher of the san francisco the guardian and the california newspaper publishers association, i introduced a bill to represent the first revision of the ralph m brown opened meeting at which is been enacted in 1953. that measure was opposed by every local agency in california could board of supervisors,
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league of california cities, the california school district association. the california special district association. then assembly member john l burton became a co-author and we were successful in enacting it with the acquiescence of then gov. pete wilson who had been mayor of the city of san diego earlier in his career. after that, i introduced about a year or so later a major revision of the california public records act to strengthen the ability of people to obtain public records . today, the word is called transparency. the third reason
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that i filed my application is based on hearsay, reading, and some conversations that the ethics commission new executive director is competent and capable and brings a sense of reactivation as compared to her predecessor about whom i heard complaints. that the staff is composed of strongly motivated individuals and that it is a worthy exercise of citizenship to be a part of the five-member ethics commission in these present circumstances. thank you. >> thank you very much good for the deep background of what you have done in your role
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especially as a legislative at the state level in terms of better government transparency and so forth. i know that a lot of the times you will probably be spending, if you're pointed to the ethics commission, your time may be interpreting law that perhaps you've written yourself or that you have laid a huge role in it so that will certainly be very interesting. now, given your deep background in again cracking open government and transparency laws and policies, i am just wondering you in your role as a commissioner, you will have to be very neutral just like you are as a judge which i'm sure you're very familiar with. in terms of setting aside maybe positions you held as a legislature to be in a neutral. i am just wondering if you can kind of elaborate on whether you find that to be something you're going to be able to achieve?
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>> i'm sorry. my hearing aids are being-you want me to, don? >> so you're very deeply involved in the crafting of open government and shows that the legislation as a legislature. and in your role as an ethics commissioner here you will be tasked with interpreting some of those laws committee you had involvement in as a legislator. so, i was just asking you to comment on your ability to be a neutral commissioner? i know that in your role as a judge you certainly have been able to demonstrate that >> the regulations in the charter sense, and the duties and responsibilities and limitations on members of the ethics commission are in the san francisco charter, and i
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note the bar against participation publicly in any city elective office campaign. i note, also, the bar on participation in any city ballot measure. i believe in law enforcement. i believe that the law applies to everyone. that, obviously, includes me as a perspective ethics commissioner. i will certainly follow and obey that law and those prohibitions in all matters. >> thank you. supervisor mar >> thank you for the history
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and legal lecture, too, about how a lot of our laws in the state and san francisco have come about. it will be great to have you on the attics commission sen. cobb. i want to say that even thinking back about buckley versus alejo and four years of speech and money in politics i want to ask you about a question from 30 years ago, and you addressed opposition 73 it wasn't just you but others that crafted the state ballot measure, but one part of proposition 73 really opposed to public financing of elections and i think it was according to common cause, which raised a concern with my office, i just want to ask you about your position on public financing? because i know san francisco's small donor public matching funds program is
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really a heart of reducing the influence of money in politics. i know that you insert supervisor tang's question but i want to ask you more directly, do you still believe in the proposition 73 positions against public financing and also how would you address that as the ethics commission is charged with carrying out and in forcing our public financing policies? >> there are a couple of ways, maybe more, to phrase a response to your understandable question. the elemental response is that public financing is the law of san francisco. the ethics commission
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has important responsibility in the execution and administration of that wall. as i just said, and i will repeat it, i believe in law enforcement. i walked accordingly. now, let me ruminate for one more item that is relevant. proposition 73 included several provisions. one of them barred public financing. all three of us i'm a democrat republican, independent, included that because we believe in it. another one also banned one
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political office holder taking donations and then transferring them to another or [inaudible] unfortunately, that provision was held unconstitutional. the public financing clause was held invalid in los angeles superior court and a lawsuit initiated by the city of los angeles on the ground that state law could not regulate a charter city. los angeles was and is a charter city. the easiest way to describe the reason for my feeling is that, personally, i would abhor the use of money i paid government in taxes,, fees, to be used by a
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-let's take an extreme example-as david duke of candidates. san francisco's ordinance weakens that kind of a transaction because san francisco's ordinance requires, in effect, to use the abbreviated description, a candidate to be serious in order to qualify for my tax payments. were yours or others of our 850,000 fellow san franciscans. that is rational. a candidate, as you know, has to raise so much money on his or her own in order to qualify. that certainly reduces the
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possibility of it being used by somebody who you abhor. and resent using your money. >> i appreciate your candor and your supported across the board by so many different people from communities that appreciate your history of resisting conflict of interest and creating greater transparency and being a watchdog did i want to say that friends of ethics it's great that mr. buckman is here from our former guardian but i know many community members feel that public financing and the electoral reforms we have achieved in san francisco were very proud of come up with the different efforts by big business groups to weaken our public financing and electoral reforms could i'm wondering if if future efforts, where big
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business forces in particular i tried to weaken the public financing system. would you reconcile those issues at the local level? >> well, with respect to specifically to public financing, as far as i know, i know of no suggestion that it be altered. that certainly i know of no suggestion or no person who has communicated with me a desire to repeal it. or, to change it. in some way. if such a proposal is made to the ethics commission i will treat it like the quads i judicial position that an ethics commissioner has. that
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is, evaluate the arguments. evaluate probably evidence about use in other jurisdictions, both american and foreign countries. and make a decision accordingly. i'm not going to let my feelings in the commencement of the proposition 73 drafting in 1988 control or affect my evaluation, theoretically, in 2016 or 2017 or 18 of public financing in san francisco.
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>> thank you for your willingness to serve and i think you would be a breath of fresh air on the ethics commission to support their leadership role. i think everyone for writing to us with very thoughtful comments from john dollinger to larry bush and friends of ethics to many others. norman yee writing in your support. thank you sen. cobb >> may i impose mdm. chairwoman, just to express the public record my thanks. to all of those individuals to former mayor art agnew's, mr. broadman, the san francisco chamber of commerce, the california first amendment coalition of which i've been a board member about 3.5-four years. for my friend, as i thought about it over 40 years, fellow attorney and vice chairman of the attics commission, peter kane. mr. john gallon jug, nobody forgetting people. i don't know
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of other organizations. i know the friends of ethics mr. larry bush, i want to thank them publicly. thank you mdm. chair one >> thank you very much. for your presentation and for answering our questions. so, i know there are quite a few people who probably want to comment on this and so i just have one card jim lazarus would appear here to speak on item 1 please, on all. >> good morning chairperson tang supervisor mar. my name is peter king. i'm the vice chairman of the san francisco ethics commission and i'm happy and honored to be here to speak on behalf of judge called for this position. if you see fit will be joining us as our fifth member good supervisor brett and is to help position that was appointed by the board of supervisors because of a busy
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schedule he resigned a wild go so that's why supervisor cop the vacancy is there. supervisor cop mentioned, known him had been his friend and also his admirer in san francisco government for over 40 years. i've watched him as a san francisco supervisor as a state senator and as a judge. he has the ultimate in integrity and knowledge and intelligence relating to ethics and law. he is someone that will bring more than a breath of fresh air to the ethics commission. he will exalt it tremendously in my opinion. he's quite corrected i been on the ethics commission now for about 22.5 years. when i came on the prior executive director before the deployment of land palo, the commission itself was really something that left a lot to be desired. leeann palo
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has brought an enormous amount of energy and drive and focus to the commission and to the staff. so, for the first time really in the commission's history as i know it, it's doing its job and it's doing it well. that's why it's been able to attract someone like went and caught. so i'm very excited and looking forward to being a colleague of judging, on the commission i think the city is going to be enhanced by it and all of us will be very appreciative of your support of his candidacy. thank you very much >> thank you very much. next speaker, please. >> thank you mdm. chairwoman supervisor cannot. my name is peter scheer and executive director of the first amendment coalition nine here to speak on behalf of the first amendment coalition. as supervisor cop mentioned a moment ago, he is
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currently a member of the board of directors of the first amendment coalition and has been for about 3-4 years. it's in that capacity that i've got to know him and work with him quite closely. i think he is just an extraordinary choice for the ethics commission. for all of the responsibilities and functions of the ethics commission, but in particular, for the role that he will play in the interpretation of and enforcement of the various state laws having to do with government openness and transparency get better within the purview of this commission. to be more speak specifically of the brown act and supervisor cop as you mentioned, was one of the authors of a crucial
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amendment to the brown act sometime ago and also the california public records act, and in addition, in san francisco the sunshine ordinance, which is unique to san francisco and in some ways provides a greater degree of protection of citizen access and government openness then to the state laws and to that extent supersedes the state laws. i think that a newly energized and activated ethics commission will benefit hugely from the wisdom, the experience the insight, the knowledge that judge called will be able to bring to bear both of the laws as they exist today and also
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his knowledge of interesting and important legislative history. over the last 2-3 decades that leads us to this point. so, i can't tell you how enthusiastic i am. i just think that you could not find a better choice for this vacancy. thank you for much for you, >> thank you very much. next speaker, please. >> thank you chairman tang. i'm patrick shaw did i strongly support the nomination of judge quentin kopp for appointment to the ethics commission over the commute of 27 years, he served as a member of the board of supervisors, member of the tenant and superior court docket mr. kopp has been strong advocate for a long time of open government in our city. mr. kopp clearly has demonstrated during his tenure on the superior court that he is exceptionally impartial and obviously, very knowledgeable about california state law. his
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service as a board member of the california first amendment coalition is additional evidence of his dedication to clean honest government to the extent ethics commissioner peter king a be correct, that mr. kopp "can sniff out a rat better than any carrier". clinton's precisely the type of commissioner the ethics commission is sorely in need of and he would be an excellent choice to join prof. king as a ethics commissioner and he would also be a fresh air to counteract the mr. beverly hayon . please, forward a unanimous recognition and support of mr. cox recognition to ethics to the full board of supervisors. he's extremely confident and deserves that you are unanimous support.
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>> thank you. next speaker, please. >> tricia belinda. over the years have been ahead of 22 neighborhood merchants associations. i currently am head of the marina cal hall merchants neighbors. over the 40 years, i have been involved with this legislative entity could quentin was the one that you could not buy. no matter how hard it was political pressure, if there was something that needed to be ferreted out he did it. the ethics commission needs this. i put in 11 complaints under the previous leader, pedro leader of this organization. they were
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very legal complaint amendment were never even brought to the commission. with this new leadership i think that he would be beneficial and far all people, not just a few. few. this is something that you did in this is you and your under the rules committee he follows the rules. as the committee, you must realize that openness and fairness is extremely important particularly with this administration. i recommend that you appoint him and he will do what is correct. thank you. >> thank you very much. next speaker, please. >> good morning supervisor. jim lazarus san francisco chamber of commerce could read a registered lobbyist. as a
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privilege to come before this committee to urge you to confirm judge kopp. in my professional life, actually, as you know started here in 1975 as a deputy city attorney during that time i was assigned to the board of supervisors and worked very closely with supervisor cop could sometimes tell to tell. sometimes in argumentative way sometimes his great mind and mind not so great mind did not always see eye to eye but over the years i've had a great relationship with supervisor kopp, sen. cop and judge kopp. i think bringing that background is run
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for office and state office and local office did he said to file reports that he's dealt with lobbyists and he said to be above it all as amber of the superior court of san mateo county and we would be well served having him on this commission. so thank you very much and i urge as everybody will here today, you to send this with a recommendation to pass. thanks >> thank you very much. next speaker, please. >> i'm peter warfield executive director of library users association. this man is clearly overqualified and so we recommend him without reservation that altered it certainly was music to my ears to hear the first thing judge kopp saying. i hope you have a three-minute rule. unfortunately, that may be what the law says, but that's not what's done in practice in all cases. as some people knew when particularly when out of office the phrase, might be, call the cops and in this case call the cops i think would be something that people are doing and would
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do well to do. when the civil grand jury said that the ethics commission was a sleeping watchdog just a few years ago, that was certainly a strong characterization but as we've seen today and as we've certainly seen over many many years and decades it's hard to imagine judge kopp sleeping over anything and that's a good thing also. and attention to detail and attention to law and so, we certainly are glad to join with others in recommending as the supervisor has said, a breath of fresh air to this
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office and recommend you to go ahead and endorse his appointment. thank you. >> thank you very much. next speaker, please. >> good morning supervisor could on charles maisel here representing myself. i think it is clear to all that ethics is on the move and that i think judge kopp's interest in serving on the commission is time speaks to the fact. as you know, we now have a nationally known executive director, who brings great promise. she said 17 years of experience out of la. as executive director that. ethics also is now has an engaged public. many of them are actually millennial's in great numbers. the last meeting i think that maybe 20 people of the younger generation number which is extremely good for me to see.. i've been there 20 years and i've not seen such a crowd. as a consequence the
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commission is energized in both by both of these events and i think they are definitely on the move to develop a proactive and concurrent agency in dealing with all the corruption. as we grow to 1.1 million permanent residents. so, now is the time to serve on the ethics commission and this is clearly why we are now honored to see judge kopp. having known judge kopp personally for 33 years i can say that i've never met a man who is developed his skills and his mind so well and i suspect most people, when they first come to the city and learn of him here that fact about him. so, no person could really better represent your interests on this commission i should note, i've been active on the commission as an observer for
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many years. as: nader of common cause and now with fo we and also as an individual. thanks. >> thank you very much. next speaker, please. >> i'm bruce bartlett. i guess i'm a citizen journalist now. i was the editor and publisher, coeditor oh publisher cofounder -my wife was hit and she's the other. for more than 50 years. i just like to say that whenever you get the guardian and jim lazarus on the same side, you must have a hell of a candidates. i don't see there should be any objection to the man of this kind of expansive background and backing to you should endorse him and endorse him strongly. i just want to make a very key point. i said i been covering and directing
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political coverage in san francisco for many years. i have never come across a politician or an attorney who is more qualified to serve in this particular job. this is uniquely particular job than kopp. i give you one reason among others. when mr. kopp was in the senate he was there for eight years. he was the go to guy for the california public association and their endless battles ferocious battles, with the secrecy lobby and in
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favorable government. that's who they went to first and that's why she could talk today about the reform of the cpr eight and the ralph m brown act, two towering achievements that started here in san francisco with a chronicles series by mike harris back in the early 1950s. so i strongly endorse quentin kopp for this job. thank you >> think you much good any other members of the public was to speak on item 1? please come forward. seeing none, public comment is closed. >>[gavel] >> the decision is now in the hands of this committee could supervisor mar >> thank you everyone for making the great comments and thank you for sender kopp as well. i move that we appoint quintin l kopp to see number one on the ethics commission in this business need to be a committee report? >> it was not noticed as a committee report so it will not be. i will join supervisor mar in support for the positive recommendation to the full board. it's nice to see that you still want to continue in public service today after all that you've done already. so, we will do that without objection. >>[gavel] >> congratulations. item 2, please >> item number two, >>[reading code]
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>>thank you. the applicant is jesse sandoval. welcome. thank you. you can begin. with the presentation >> thank you for considering me today for the governing board. >> hold on. if you would not mind, exiting a little more quhank you. >> i little soft-spoken, two. thank you to the committee for the public that voted governing board. i believe i most qualified proceeds 11 two to my educational professional and personal experience. my graduate of usf [inaudible] in
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2007 and was omitted to the bar as an attorney in 2008. i been practicing law since that time. i currently i practice law at the resource center is a staff attorney at law provide legal services to individuals with disabilities who cannot otherwise afford legal representation. i do with a variety of matters related to disability and have concerns for the clients. that's my professional experience. [inaudible] public authority. also, i previous experience in community organizer writer with issues related to state budget and how that relates to support services for individuals with disabilities. personally, i been a consumer [inaudible] for the past 16 years. and i'm
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responsible for hiring and firing [inaudible] so i understand the needs that consumers face from both a personal perspective and from a larger perspective. one of the huge things i think public authority focuses on is maintaining provider retention. that is something that is difficult in this day and age. given our wages associated with in-home care. it's important to work on incentives to maintain providers to treat or trained other ways to keep providers on board. any questions the one >> thank you for your presentation. i know that given your background and all of your work and personal experiences, certainly bring a really great perspective to this particular body. supervisor mar >> thank you ms. sandoval for your willingness to serve on this body. i want to thank you also for the independent living
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resource center's effort to really empower people with disabilities can help tell their own stories to continue building off movements that really are broken down barriers for people with disabilities but thank you for your work. i also just want to thank-i think we have letters of support of you from jesse lorenz. also the director and others but i know that one of the parts of seat 11 is people or person the represents organizations that advocate for younger people with disabilities. my experience has been mostly older folks as we look at creating and in-home support for the upper port which san francisco is going to be doing with a pilot program. let me just ask you about younger people with disabilities and how i-l rc and others try to help younger people that age group and empower them as well.
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>> certainly. you know not just for seniors but it's for younger folks. a variety of our consumers are used over the age of 18. we work with folks who are transitioning to college in obtaining their own education and making that transition from adoptive prevent parental care so seeking their independence. we also work with other community organizations to provide training and discussion of the issues that come up in terms of [inaudible] also i think we just have a good perspective for the issues they face younger adults. i think as a younger consumer of support services and in-home care sometimes our needs are different. a lot of times we might have [inaudible] more
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direction over our care. they define someone then a senior and often our daily needs are little bit different. getting up and going to work every day. so we do have different needs and we are working to make sure those needs are addressed. i think i'll be able to bring those needs to the attention of the board. >> thank you so much for your great leadership. >> thank you much for your presentation. this time with an open up item to two people. anyone want to come forward, please do so. okay. are you here for public comment or comment on that spewing >> yes. good afternoon supervisors. i'm patrick -executive assistant on the board liaison of the san francisco public authority. i just simply want to add that
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the public authority staff and governing body members are excited about jesse joining the board. she has our full support for the application. we think giving her work and experience she's gone to be a great addition to the authorities governing body. thank you. >> thank you very much. any other members of the public was to comment on item 2? seeing none, public comment is closed. >>[gavel] >> if i can get a motion on this item >> i move jesse sandoval 30 number 11 to the in-home supportive services public authority. >> great. i will support that as well. we will do that without objection. >>[gavel] >> congratulations. item 3, please >> item number three, >>[reading code] >> thank you. we have received word from supervisor peskin he would like to withdraw this measure. so, very appreciative
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of that. if we could get a motion to table this item's i'm sorry. sorry that will do after public comment at any members of the public here for item 3? seeing none, public comment is closed. >>[gavel] >> supervisor mar >> i move we table beside him >> break. will be that without objection >>[gavel] >> mr. clerk any other items before us today >> no more items before us today. >> thank you. we are adjourned. >>[gavel] >>[adjournment]of th
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commission occurring on july 25, 2016 will begin shortly. >> welcome, ladies and gentlemen, to the regular july 25, 2016 meeting of the san francisco ethics commission. i will call the roll. commissioner keane, commissioner hayon, commissioner chiu. >> here. >> we are still awaiting an appointment for a replacment
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