the mayoral proclamation declaring the local emergency dated february 25 of 2020 held [inaudible] [cannot hear speaker] [cannot hear speaker]

public comment available on each item. each member allowed 3 millions to speak. for those in person an opportunity to speak during comment period will be available here in room 400 city hall. those remote public comment can be provide via phone call by calling 415-655-0001. again, 415-655-0001 >> 2495 9292 0781 ##.

again 2495 9292 0781 ## you will hear a beep when connected to the meeting you will be muted in listening mode only. when your item of interest come up dial star 3 to raise your hand and to be added to the line. you will hear, you have raised your hand. the line will be silent as you wait to speak. ensure you near a quiet location. before you speak, mute the sounds of equip around you including television, roor computer. it is important that you mute your computer if you are watching the web link to prevent feedback when you speak. when the system message says, your line has been unmute third degree is your turn to speak. you will hear staff say, welcome, caller, state your

nature clearly. when you speak you will have 3 minutes of public comment 6 online with an interceptor you will hear a bell go you have at 30 seconds remaining. if you wish to with draw yourself press star 3 again. you will hear, you have lowered your hand. staff will thank you and mute you. you will hear, your line has been muted. attendees wish to speak may stay on the line and listen for the next public comment opportunity and raise hands to enter the public comment line by pressing star 3. public comment may be submitted in writing and shared with the commission after the meeting and will be included as part of the official file. written comments sent to ethics. commission sfgov.org. thank you madam chair

>> next, moderator i call the meeting to order. agenda item 1, roll call. >> commissioners, please verbally indicate your presence by saying, aye after your name is called. commissioner bush. >> [inaudible]. >> commissioner feng. >> aye >> commissioner finlev. >> aye >> chair lee. >> aye >> commissioner romano. >> with 4 present and accounted for we have a quorum. gi will note that vice chair bush is remote and i think we are working out the technical issues. with that, agenda item 2, public comment on matters not appearing on the agenda. i now call for those attending in person here. if there is anyone who wish to speak on matters on the general

comments if not let's go to our remote audience. >> moderator? >> thank you, madam chair. remote participates if you are joining early to listen, now is the time to get in line to speak. members who are online and wish to comment on item 2 should now dial star 3 or raise your hand in web exif you have not done so to be added to the comment line. the system will prompt you had it is your turn. address your comments to the commission as a whole approximate not individual members. stand by as we check for callers in the queue. there are no callers in the queue. >> public comment on item 2 is

closed. now call for the consent calendar. as noted there will be no separate discussions on the consent calendar item unless a question by a commission member or a member of the public. in which event the matters shall be remove friday consent and considered as a separate item. if commissioner asked to discuss the item that item will be taken up following action on consent on the regular calendar for discussion and action. does any commission member wish to discuss any item on consent calendar. >> yes. >> are you there. >> commissioner bush? >> you wish to take any items out of consent i can't get it to unmute. >> we hear you. >> thank you. >> you are fine with the consent

calendar? you are not objecting propose to take items out? . >> i guess not. >> okay. now i would invite the memberings of the public who wish to provide public comment on consent items. seeing 91. moderator, can you check to see if there is anyone waiting in the queue? >> thank you, madam chair we are checking to see if there are callers in the queue. please issue stand by. there are no callers in the queue. >> okay. >> public emcomment is closed. commissioners, hearing no further discussion, do i upon entertain a motion to adopt consent calendar? >> i move to adopt consent.

>> second. >> okay >> roll call. please. oh. sorry. let me re view the items that we are taking action on. agenda item 3 is resolution on conditionation of remote hybrid commission meetings. item 4, draft manslaughter of the ethic's commission december 9 of 22 regular meeting. item 5 executive director's report. highlighting departmental programs and operations. >> roll call, please. >> the motion to adopt the consent cal dab commissioner bush. >> aye. >> upon commissioner feng. >> aye. >> commissioner finlev. >> aye. >> chair lee. >> aye. >> commissioner romano. >> aye. >> with 5 votes the motion is

approved unanimously. >> thank you. >>, we go to item 6 which is discussion and possible action on executive director recruitment process. colleagues, we took action last month at the last month's meeting to engage the executive search firm cps-hr to assist our efforts to recruit our next executive director. we have been working with the represent from cps-hr ms. rape elf denchingy who met with many of you and this morning we are joined by another representative from cps-hr pamela derby who is here to give us an update and

also answer questions we may have. welcome, mrs. derby. >> thank you, good morning, chair. commissioners. i need to load a power point. 've >> i think my port is too large. e. try this one. while we are waiting can you make sure vice chair bush has

access to the presentation as well? i will touch base i don't know if this is possible when he is call nothing from the phone. we text it to his phone? >> i was -- informed that commissioner bush has a copy of the presentation. >> good. thank you. my apologies i was looking having to learn a different computer. no problem.

grabbed the wrong flash drive.

on thank you, my apology i'm with hr consulting.

no audio.... here we g. so, cps is a joint power's authority for those of you not aware we have been in existence since 1985. as an hr full service consulting company for the public sector. originally part of the state personnel board start nothing the 30s. we have been a sole entity on hr since 1985. we have been doing the executive recruitment portion for 20 years now. we work with san francisco and san francisco on many different recruitments. we are degree with mtc as well. many of the large ecstasy in the bay area. we are doing the director environmental position now for the city as well. and so we have a bit of background in this type of

positions. i do manage the executive recruitment function. i started my 20th year. rachael you have been speak with is the associate recruiter spoken with many of you regarding the recruitment. what you are looking for in this position. we will continue to work with you on the things you are looking for in the next executive director. we have here just a sample of what the recruitment schedule would look like. we sent this to you yesterday. right now what we are looking at is we talked about gathering the information from you. we know well is a list of stake holders you would like us to peek with. this schedule is offered as a sample. because i think that it will need to be flexible to accommodate many of those

conversations. one of the things i would suggest is that we do an online survey. i don't know we talked about that previously. so that we can offer that to all the staff. to some of the other stake holders may not have time for conversations with us. it would offer a broader rue and allow more to participate if we don't have time to have those conversations personally. but typically. what we have here is talking about advertising for 4 weeks often time in a position like this it is possible we may need to have a long are marketing period. it is important that we reach out not people you need us to. we could rent it open until filled with the first résumé date. i do think we want to make sure that we allow time for us to look for the right individuals and make sure we contacted them around the country, frank low to make sure that they are aware of

this position to encourage them to apply. so, currently, in the conversations this we had, this is a word sloud she whatting came up00 automost often in the conversations. political. visionary, government experience, law background, customer facing, it became clear that this person needs to be machine who is able to stand up and have a backbone as it were is willing to make the difficult decision and give the difficult recommendations that may be necessary. you want someone whop is already been in a hi profile position. and so these other things we would use in re crueltiment it talk about the ideal candidate.

but one thing we use this information for is to when we are screening candidates and talking and encouraging them we want to make sure they fit this profile. these are the candidates we bring you when we screen them we poised our questions so it gathers that information about them. so the process is we mead to create the online brochure we have given you a draft but again we take additional feedback. and so it may be that is still going to change. we are qataringing february first to start advertise thanksgiving position. again, because well is stake holder involvement you are may be that gets pushed out. if you want to make sure we made

the contacts prior to this hitting the street. and so, then we would -- after you have had this, after we have been able to get through a point where we continuing is where it should be, we will ask for your comments and when you like to see added or deleted. we would then create the professional brochure. here is an example half it looks like. it is what we call a flip book format it is easy to use electronically. most are able to see it is on their phones. we finds doing things electronically is greener. wee want to make sure in the old days we upon printed these. they remember sent out. and we don't use that process anymore. we do everything electronically. it is more accessible for candidates and it is also greener solution. after the brochure is created, this then we start advertising

on all the appropriate cites. we'll sends out an e mail blast to individuals around the country. usually around 25 huh human to 5,000 candidates and just that initial e mail blast. the important thing is the follow up and contacted have individuals people you told us we speak with et cetera to encourage them to apply. that's when i pressed tuck body the marketing period that is least 30 to 45 days. during the active recruitment period, as i said, we will research the associations, counties, universities, et cetera . than i will be direct out reach from the recruiters. we will do schedule informal screening interviews with

candidates to talk to them to encourage them to apply. person things to talk about at this find is is that it is fortunate us that we reach a diverse pool as well. i think it is worth note thanksgiving in the last 3 years pen percent of candidates we placed have been diverse candidates. women, people of color or both. and so, is that aspect is important to cps-hr we will look at steles with the same demographics as san francisco. the most diverse cities in the country. obviously the 5 of san francisco is another we are looking at when we look at possible upon candidates. but a lot of those things are from the conversations we have with you about the things you are look for in this candidate. and so we want to make sure that those candidates we target have those qualities.

we do use zoom information a new platform for sourcing that has a diversity filter. the things that we have added to our portfolio of sourcing. capabilities. link in the recruiter to target different parts of the upon country to target @beauts you are looking for. put in searches we can talk about what education they have. what type of innovations they are with. where hay are located. et cetera . those are the additional things we do on top of making sure we have sent this to individuals who are in the same types of positions in the same types of cities. >> after everyone applies directly on cps-hr to our tracking system noticed before bull horn.

after the final filing date or the first résumé review date we discussed, we will be vetting all of the residence mace. we'll doing that in consultation with the commission as well. and then we will do screening interviews with the candidates the minimum qualifications that have been advertised. i will be honest we go go beyond and make sure we want to capture and look at a full pool of candidates. may be someone on paper we were not sure we will speak with that individual:training for those individuals that would you can high profile for the position. putting together a résumé is in the necessarily a what they have been working on. after the screening introduce

we'll present those candidates to the commission. we will discuss the attributes of all of the candidates andor recommendations and we would put together interviews and selection process for the commission. following the selection processes, obviously the things we are doing as those things happen is we do comprehensive reference checkos finalists. after a conditional job offer is made we do an extensive background check inform california you cannot do criminal background until a job offer is on the table. so we can do intermittant checking. civil, credit. education verification. but cannot initiate a criminal

background check this will until a job offer has been made. we help with salary negotiation if necessary. we are advertising a range for this position. and then help put together with council an employment agreement if necessary. we are available to help with all of those processes. so. my apologies, i started off a little -- rough here this morning. so -- but i'm happy to entertain questions now; et cetera . >> thank you, miss derby. i want to know for the record that we have mr. paul green representing dhr here to answer questions we may have as well. >> colleagues? questions or comments? >> yes. i appreciate speak with your

colleague about the process. great presentation. i think you laid out makes sense online survey is great. we don't need to do that you can work with staff. but thank you for being here and the presentation. >> absolutely. commissioner bushch >> chair lee. >> can you hear me. >> yes. >> go ahead, please. >> part of the materials that was provided was a run down description of ethic's commission itself. and i want to make sure that description includes information that was provided to the commission as as a result of the board budget and legislative analyst review. the controller's review, the grand jury reviews and also the ethic's commission response to the board of supervisors.

when they held their hearing on the issues that were raised. there is a consistent theme that has gone the past perhaps 6 or seven years. which is that we are more duties given to us than upon funds allocated to get the work done. >> i think that -- i candidate needs to be aware that to -- date we have operated under the restrictions of a budget set by city hall. rather than one we set ourselves. okay. i have a couple of questions for miss derby in terms of the brochure i agree that we don't

need to kill more trees by making them in paper. what i would like to suggest is -- because we competing with so many other people looking for very selective poof candidates, if you can add like an opening statement. who we are, who we are looking for. you know and um -- you know a visionary leader. exceptional leader whatever so people then and there is a great opportunity for them. in terms of their personal/professional growth that can catch ice i think both us skim over a lot of these things in e mail. if you can put that opening statement in the front that would be helpful. in terms of public engagement, i think that because we operating on a tight time line, i think

that you have enough to start putting together a general pro5 who we are looking for. and as we have all said, we don't want to limit the pool. we want to make sure that we catch the other qualified -- and enthusiastic applicants as we can. i suggest that we go ahead with the am the publication, meanwhile, if we get the online survey, which is straightforward; get that started. and in the meantime, as we have discussed, to start scheduling our um -- community engage am session with our -- community partners and stake holders of their involve am and comments would be reflected throughout

process as we review the -- résumés as well as interviewing the candidates on the next round. so -- unless my colleagues have other comments i suggest that we proceed without waiting for all the comments are back. we do have a tight time line. thank you. i recommend we have but calling unique opportunity statement at the beginning of the brochure. and certainly that would be on our website when people go to the page that statement would be there. would be included in our initial e mail blast to individuals. and in the advertising, i think it is very important that now the brochure talks about the commission and talks about the durts of the position. at the moment we don't have an ideal candidate statement.

i think that is had we can include in the opportunity and those are the things we want to advertise. i mean, obviously we want people to know what the job is. and understand the k sa, however t is important for people to know what you are looking for and that is that ideal candidate and the things that may be are tanningables you are looking for. i appreciate that feedback >> great. thank you. there is no other comments open up for public comments. anyone -- in the room who twoish speak. seeing 91. can you check, x if anyone waiting in the queue.

>> thank you. >> there are no callers. >> thank you. >> okay. thank you miss derby and he mr. grown as well. now let's go to item 7. continue discussion and possible action regard being request for waiver of were post employment restrictions for mr. philip wong. you recall we had this on the agenda the last meeting. and this was continued to today. we have made requests for further information from mr. wong. i want to call on our senior policy analyst mr. michael kenning. if he can gives any update and to introduce mr. wong >> madam chair. i hate to interrupt. i was going to suggest we have

tentative thoughts put them out so mr. canning and mr. wong can respond in the remarks. >> okay. >> out there. >> i love when they tell mow when they were think to tailer my comments. >> i think that for the benefit of the viewing audience it is good to give a minute summation of why we are hear and why this item is before us. one minute briefing. >> happy to do that. this is continued y. of a post employment waiver request for philip wong a current city employee and is seeking waivers to the commission's one year communication ban on communicating can your former city departmentful as well as a waiver on the prohibition against representing anyone in the city in a matter.

and -- if the december meeting the commission requested that requestor philip wong, submit a supplemental document responding to commission questions. which, mr. wong did on january fifth of this year and that -- communication has been included with the other materials for this meeting. >> and mr. wong is in the room and available to speak to his document as well as answer questions. >> thank you. >> i'm not sure i received the supplemental response. it was e mailed and posted to the agenda.

the ends? okay. okay. thank you mr. kings. shall we ask mr. wong to come ump and answer questions you may have. mr. wong, welcome, again >> good morning chair lee and commissioners. barely hear you. >> good morning, everyone i'm glad to be here on this friday the 13th. i'm here to answer questions you may havism understand commissioner romano you may need a few minutes to look through the document which i spent time on and i appreciate the commission especially commissioner finlev the

recommendation i responded to the staff report it helped me organize my thoughts and reenforce for me the reason why i'm seek the waiver and why this opportunity to move to bridge housing a nonprofit affordable housing developer is not only a good move for me but beneficial for the project and over all goals. shared by the city and many other stake holders. >> if there are questions will i'm happy to answer them and i'm joined by my supervisor team. if you have questions for them they may answer on my current duties serving 5 different development projects. check in with vice chair bush, do you have questions? >> no , i'm completely fine. >> thank you. >> thank you. so much for writing a response it was help. for us the key term we focus on

undo influence. there is little guidance what that means. it was helpful mr. congressman had actions where we addressed the issue. there are important factors that are helpful here looking at whether the interest with the city and new employment are alined. whether there is a potential for your personal financial enrichment. whether there are safe guard in place and i think that those factors are all in place here the city's mission is alined with your new position in terms of the mission scope of the i did not see that you have potential for enriching yourself. in the new position other than drawing a salary. i think for me given unity of interests, given that and the way you laid out your roles previously can what your future will be i don't seat potential

for undue influence. i have a question which is, with regard to your communication and with your current department mohcd. the office of economic and workforce development. >> right. what communication will you do with the current department in your new role over the next year? >> my understanding is that role would be to carry out all of the obligations in the major approvals the development agreement. that includes the disposition of a market rate parcel. there are several market rate parcels throughout the hope sf development this . is a key financial mechanism where the sale of this land upon feeds all of the proceeds go back to the project for the construction of affordable housing and also feeds in the primary mission to if build mixed income neighborhoods. my communications with the

office of workforce develop the would concern the very public apraisal and disposition of the next market rate parcel or first one. are well kindses of decisions you would seek to influence in that category in >> i -- hopefully -- we have never had a market rate parcel at any hope sf site. is a key financial mechanism to build the project out. and what i would seek to do is -- collaborate with the city to make sure we are approaching the right appraisers. in a public procurement process to make sure we get a developer who is willing in the market conditions to build a market rate building. >> right. >> yes, i think for me it is heard and this is why we have the waiver process. but given when you put out well

and i it was helpful you lined out what your concern roles do not include. so given all that, i personal low am thinking a waiver is appropriate given everything we know on the record and the supplements are helpful. >> i'm grateful you asked. it was a very difficult exercise to gollow. i have deep respect for the staff and the time they had to nut during their work outs to prepare it. i obviously care about it to present in front of this commission and i spent a long time after work and talking to former colleagues and friends who were valuable in helping me and i recognize that i have that privilege to have those resources and support. and again i'm deeply grateful for your krrgsz. >> i am glad you said that approximate congratulations to mr. canning if you had not made the recommendation he would not have been doing his job i would

have made the same recommendations. no means a reflection on your excellent work this is what the process is for and how it should work. >> commission finlev i could not echo your words better i have high esteem for mr. canning and asked questions about what how would the recommendation lean and he said testimonied be inappropriate to advise until in a public setting i said absolutely i agree. i cannot speak more highly about him and his ethical integrity and he questions of laws in working with me. i have a couple of questions. i want to say that i agree this it is a close call and on pheromone seems like a waiver is not appropriate itch appreciate your hard work. everyone has spoken on your behalf we were moved by you.

i recall i asked the city attorney to brief the question what undue influence means. i may have -- yes. >> has the city attorney provide that information. why good morning. deputy city attorney i'm prepared to address the question now i did not provide anything in advanced of the meeting. as i said last meet thering is no definition for the terms in the code or the regulations. >> no case law. >> nothing. >> no case law constrooing the terms for purposes of this ordinance or the regulations. a court would look at the plain language. of the regulation and ordinance. and i think that it come down to a gentlemen call for the commission to determine and this context what the terms mean. looking at the factors the regulation lays out.

the term. >> i hear you. i just upon can't believe there is not a court that has not defined undue influence. >> commissioner, well is a statute a civil code section that is provides definition of undue influence in the context of contract disputes. and there is also a black laws dictionary definition in that context i can read for you if you like but i don't know that would necessarily applicable to the context the commission is looking at this term. >> sure. >> thank you. let's go to public comment. anyone in the audience who wish to -- speak on this item? . i see none. go to the moderator, can you check the queue? >> thank you, madam chair we are checking for callers in the

queue. please, stand by. we have one caller in the queue. stand by. welcome caller. your 3 minutes begins now. >> this. i'm ken rich and i until a few years ago was the director of development with the office of workforce develop the position this he holds now. and was lucky enough to be able to be among a group of us who hired about 10 or 11 years ago. first as an assistant to several of us. and going through the ranks. i watched your previous hearing, commissioners and reminded just how shockingly upstanding and througho philip was working with us for this time. i wanted to make a couple of

quick points. one is just approximate there is anybody who can be relied upon to stay in the lines not go outside the line and make sure he is following all ethical rules and the up and up can't think of another human being that would do that better. it is shifting gears i was involved with the negotiation for the hope sf project. i want to emphasize how deficient they were for many a large development agreement negotiations and this swon different. well is not oppositional the parties the project is largely funded with city funds the pearson are nonprofits developers and an alignment. during the actual negotiations there was much more alignment now that the negotiations are done we are in implementation i real would not have a lot of concern about the undue

influence that you are looking into. i will leave ita that the and happy to answer questions. thank you very much. >> thank you. >> stand by we will see if there are further callers in the queue. public comment is closed. mr. long, as you know -- this commission takes our power to grant waivers very seriously. and i agree with my colleague this is is a difficult decision but you are the ideal candidate that the type of waivers is intended for. your commitment to the city.

commitment to the housing community. is to be applauded. i wanted to thank our analyst, who really laid out all the options and all the -- reasoning. for such a waiver. whether the granted or deny it. before us. and this is i very narrowly tailored case. as far as i'm concerned. we will appreciate your -- commitment and what i would love to see is for to you come back from time to time to update us with when is happening.

because we are always willing to learn how to improve the powerhouse given us. in this case, how the waivers will work for future public employees. i welcome you to come back and give us an update, what you have been doing. what the city is planning with you is going. also i would like to entertain a motion to approve -- grant this waiver to mr. philip wong. >> [inaudible]. clarification question. the scope of the waiver the one year waiver the previous meeting brought up waivers awarded in the past. the commission could grant general waiver or could dot one

year communication band so a waiver except for communication regarding potrero hope sf on behalf of bridge housing or as open as you like. >> open to a limited waiver. again for mr. wong to come back and brief us during this time. >> yes. thank you. i found the presence of tiffany helpful in making that decision. i found that the supplemental response out lined for me the communication mr. wong would be engaging in i did not finds it necessary at the moment. i'm not sure if my colleaguesment to. >> i think that the same thing the one year ban on owned department waved as to communication on behalf your new employer? that makes sense you should be

bar friday communicating with current employer on behalf other entities. i think that is the points. right? i being that's what happened. i think that is appropriate. we need to implement it like the precedent or this is something that the new employer should have in place. >> i think the waiver is waived for a year as relate to communication on behalf of your potential new employer? right. >> mr. canning is nodding. >> that was the draft language. >> right. >> i correct. yea. the structured so that waves communication on behalf of bridge housing as the other step

would be half of bridge housing in relation to the hope sf project. i don't know if the commission sees a problem with mr. wong communicating on other issueos behalf of bridge. either options >> the waivered for a year for communication on behalf new employer. that it is a oun us on you you have to be mindsful of that. >> okay. so we do this by motion. what is the mechanics. >> motion. >> yea. >> i make ail motion and second? >> seconded. >> roll call, please. >> on the motion to grant waiver commissioner bush. >> aye. >> commissioner feng. >> aye. >> commissioner finlev. >> aye. >> chair lee. >> aye. >> commissioner romano. >> aye. >> good luck. >> we have 5 votes, the motion

is approved unanimously. >> we will see you again. [laughter] >> best wishes, >> good luck. >> happy new year. >> [applause]. >> okay. let's go to now agenda item 8. which is a confidential closed session discussion and possible action regarding a probable cause determination in a case involving potential violations of article 3, chapter 2 of the san francisco campaign and governmental conduct code. this has been scheduled for discussion and possible action. charter the commission is responsible for enforcing the violations of san francisco campaign and gentleman conduct code. the commission is charged with conducting hearings to determine whether someone violated the law and shall be subject to

penalties. before that happen, the must be a find thering is probable cause to believe the person or spondant violated the law that is why 8 is on the agenda. it is not to determine whether a violation has been occurred but rather whether there is probable cause to believe a violation has occurred. at this time the name or names of the respondents cannoting disclosed the charteder requires the commission investigation be handled confidential low prior to the finding of probable cause. and until that time no information about an investigation can be shared publicly. i would like to reminds my commissioners and ethic's staff of the importance of maintaining confidentiality. you must not disclose information about this case

under line 8 unless and until the commission takes action in closed session to ratify the probable cause. i would like to give context about the probable cause process. throughout commission enforce am regulations the commission largely delegated the probable cause determination process to the executive director. after the director of enforcement narcotics a probable cause by serving a probable cause report on both the respondent and the executive director, the respondent may submit a written response to the executive director. that the director of enforcement may file a written rebuttal to the respond ebb's response. respondent may ask a probable cause conference with executive director and enforce am distroigz discuss the kates case. after the written documents

delivered and the probable kouz kaz kearns held if one was requesteds. executive director must prepare a written determination of probable cause. this determination states whether the director finds that probable cause exists for each violation alleged in the director of enforcement probable cause report. the executive director will inform the commission of determination. at this time, any member of the commission may review the skroout executive director probable cause determineination by the commission it any commission requests the determination. does in the final until delete members of the commission agree to rekt foil it in closed session. this review must be conducted in closed session the case is confidential at this point. for the item before us today

that has been the qualify review of execute ever director's recommendation of a finding of probable cause. it is important to understand what the term, probable cause means. under section 7d one of the commission enforcement regulation, probable cause exists when the evidence is sufficient to lead a person of ordinary caution and prudence to believe or entertain a strong position that is respondent committed or caused a violation. probable cause is not a finding the respondsent actually committed or caused a violation. if the commission finds that probable cause exists for any counts, the case will move forward to a hearing on the merit. which is a separate proceeding the commission will decide whether a fact violation did occur. a hearing on the merit is a public proceeding in open

session. this is important so the public can hear the arguments presentod both sides and see how the commission decides about whether a violation was committed. before we begin item i would like to reiterate that today's probable cause review session will be conducted in confidential closed session. and that the public disclosure of information regard being confidential enforcement proceeding by a member of the commission or staff is prohibited. under the city charter. the charter provides any member or employee of the commission or other person who prior to determination concerning probable cause, discloses information about any investigation except as necessary to conduct the investigation shall be deemed guilty of official misconduct. the unauthorized release of

confidential information shall be sufficient groundses for determination of the employee or removal of the commission responsible for such release. when the commission meet in closed session i ask this all individuals in the hearing room in the room the individuals who will remain in the hearing room are the respondents or respondents of the case. the respondent's attorney and the enforcement divigsz. deputy director and moderator and deputy city attorney will remain to facilitate the closed session. any of my colleagues have questions regarding this process? >> commissioner bush. you have questions? [inaudible]. if not, deputy city attorney, do you have anything to add to the

closed session process? no, i do not, thank you >> great, if not, i would ask anyone wish to move to hold a closed session. on agenda item 8. >> i move to hold a closed session on item 8. >> second. >> let's go to public comment on this motion. >> purely public whether to go to closed session. to holds a closed session. >> no it is public comment on everything related to the item. >> how do people know? how does that work we are not supposed to. >> discuss the case. in public session. deputy city attorney? wait a minute. thank you for being here. liningum advice.

>> if the finishedent has people to speak on her behalf then i don't think we can precloud them from giving public comment. the matter is not in public yet we have not taken an action how can people make comments or respond to this matter. in public? because at some point they need to comment on the case or the general -- information in this case and they cannot, yea. they cannot comment on anything in general without mentioning the individuals or the general case. how can we have a public comment -- >> commissioner i'm not sure how this has been handled in the

past i'm not comfortable precluding people from providing public comment. related to the item. so it is up to you if the commissionments to caution people do not reveal the substance of the -- enforcement matter is that is within your discretion. sf that cannot mention the names of the individual the general matter of the case then when are they speaking on? what are we. how has this been handled in the past for people who have been here >> i'm not sure. well, i suppose note the spented apparently i assume the respondent is okay with folks being here. >> yea. >> we don't have basis to preclude public comment they can comment on anything in the

world. the rules preclude us from talking about temperature we will not say anything and meant to protect the person so -- if there is people speaking on their behalf i suppose that is their right to exercise. >> thank you for being here. >> okay. i do want to -- trying to protect everybody here. >> i do want to protect the integrity of this matter in case it goes further. we don't know. because that is the person of this closed session. i understand that the director of enforcement is here. i don't know if he has experience dealing with this primary to today. we respect the public's right to express views i'm very mindsful that we also need to protect the

respondents rights had this go further to maintain any unbias or prejudicial view on this matter. because technically this was not on the agenda. technically it was not on the agenda. >> people received public comment electronically. i think. >> i think not clear what matter this is for. >> we cannot mention the matter. >> if i patrick ford. for the record. commissioner you said that charter prohibits the commission and ecic's staff from disclosing the case does not present from telling others and the people talk about it. that is okay.

>> the charter and we had case in the past do make cases. move on to the others shared it and the charter did not it requires you to keep the case confidential. i understand it is in the public. it it is not clear to us what case we are referring to. i'm sorry. i don't. there were several probable cause determinations sent to us recently. this is involving one case. >> correct. >> it has not been provided to us which case no -- is this correct. >> do you know the case. >> yes. >> i think know what it is about i'm not 100% sure. we are about to find out. i want to be clear. that it has not been publicly made and these are people showing up.

enforcement division has in no way made details of the case or the respondent public. >> also anything that is presented today during the public comment is general public comment is that included in a case should that case move forward? >> the public comment would be in open session which we are now. nobody but the respond ebb and council can be in closed session that would be made on the record in open session and broadcast and reflected in the minutes. >> okay. did somebody roach out to the respondent and council to come. >> yes they are notified when well is proceeding to be present and they are here. >> good. >> okay. thank you. so -- thanks. deputy city attorneyful based on

your legal opinion and advice, the public comment on this item is not on just the closed session? it it is on agenda item 8. anyone speak on agenda item 8? that's right. >> okay. including the disclosing information that we and the staff. >> are not going to independent to. right? >> we have no idea. >> yea. all we know this wish a happy new year. >> okay. >> okay. >> with this understanding proceed. we have if people can lineup so we know how many are in the room would like to speak so that the

moderator can facilitate those who are in the queue >> good morning i'm gary wineck i'm attorney for the respondent debbie rafael here with counsel i appreciate the commission's caution in proceeding on this. that is wise. in this instance we are aware of the public comments and don't feel tell be prushl or cause concerns privacy wise for our client. thank you for indulging us that. allowing the public comment and look forward to answering questions in closed session. >> just for procedural clarification. we have about 10 people waiting in the room to speak. so may be we will take of the first 3 and go to um those who

are -- remotely participate to see if anyonemented to speak. next person, please. you have 3 minutes and will start now. >> commissioners happy new year. i was not sure fiwould make it i submitted a letter this week i like to read the all right to you in person and for the record. i have known demy first, hand for 4 years. of service on the commission on environment for may 2018 to may 22. i served on several san francisco commissions and boards the last 15 years rec and park and urban forest council and committees of the bodies and encounters public servantings over that time. among all the public servants i

can't think of anyone who dimrais plays integrity and he character than debbie receiveiel.

she listened to input to myself and others in the community. this it is an attitude this is

not shown by all city staff or department heads i can't tell you how important typeset is the city interfaced with advocates and the community to get things done. i think shoe has shown what a can i have servant is supposed to be one who searchs citizens to the best her able. when we advocates discovered received no general funds to accomplish the huge urgent tasks for climate action we were appalled. director rafael did something without precedent. representing a department with

little purin the city structure she publicly stated the obvious. the department had to have more funding to help stave off environmental disaster. this showed dedication, courage and integrity tow do what was right even if putting herself in a position with the mayor's office. once she made the requests which were refused by the mayor, we were able to follow up with city government to demand support and this is an on going issue still today. the department is not properly funded. i need to ask myself and you, commissioners. what are we doing today? whatever the accusations against her i think you need to ask yourself. did she improperly benefit from her office. did she pocket bribes or show corrupt intent to benefit herself rather than the people

of san francisco? ed or did her actions arrangement the best department heads. working to further the critically urgent work of the best possible way with her hard work, openness to the community and with her obvious integrity. thank you. >> thank you. >> let's switch over to our remote audience. can you check? we are checking to see if there are callers we have now 3 in the queue. welcome, caller. >> thank you. i'm gent jackson i work for the san francisco environment department for 8 years until october of the past year. as someone who work immediate public service for 3 different agencies over 16 years, i

strongly believe that we must carry out our work with ethical behavior. this commission's role promoting fair government decisionmaking is foundational to ensure public's trust in government. i'm here to speak about might have experience who worked under debbie at the environment d. i was hired by deb and he reported droll her for 7 years. during that time i was luck tow had a [inaudible] watch and learn from her modeled the art of servant leadership. i watched how she managed our department with skill, compassion and grace. she worked hard with the public and the environment always it is forefront of her minds. never for her personal gain. always lead with humility lifting up others and sharing opportunity to grow and lead. she is in the a political

operator. just straightforward, honest. i don't be anyone who cares more about doing good in the world and doing it right. when she made a mistake she was honest. when rules were not clear she went to city attorney and brought in trainers from this department and the city attorney's office to ensure senior managers were educated. it was shocking and painful for everyone to witness what is unfair treatment of someone who worked with integrity tow serve the people of san francisco and beyond. this process has done damage message is that public service is risky business no matter how hard you try to play by the

rowels. had stakes are made people should be held accountable the standards which the errors are judged should be fair, transparent and reasonable. the nature of the wrong doing and harm caused and whether someone gained. i believe this commission should identify and punish corruption which casted a dark shadow on the city. but to put debbie there would be abuse of power debbie is a public servant and one wish that everyone who served the city were more like her. thank you. >> another phone call >> yes, please.

welcome, your 3 machines begins now. hi. can you hear me? >> yes. >> i'm lonnie kennel i work for the city of san francisco for the better part of 2008 to 2021. i spent my time with the city service division justice performance across the city. i had the fortune of working with director receiveiel approximate 2020 to 2021. i just returned employment on exempt many of us did to do our duty during the crisis. it was a time of [inaudible] and constant heart wrenching work. high emotions, burn out. passion, fear and working collectively to do impossible. we were a committed crew in the

form of bus drivers libraryians. probation officer and did the analysts we worked outside of standard scope of work duty. direct rafael went in the trenches with us every day. she showed up every day. she did not need to be at the table. she needed to dot dealing with us. she showed up arriving masked in genes and sneak and asking the leadership when she can do to help. there is no ego or hierarchy a wellingness to be a part of the solution. she was the support system for many of us. no amount of wellness walks she would not take to help us. no amount of listening she would not do to help us progress self care. one minute she would help me decipher how to get the go home and take care because sometimes

we were dropping like flies from exhaustion special sit with data analyst in a corner using acorny biology anal gee to understand how much they grew data systems to track the disease. she helped everyone understand their value. she was every where and everything to all of us i can't under listen that enough. for me she was the difference. i had left the city a year prior due to burn out. and due to the disease of cynicism. we get frustrated and move on and like okay, i gotta take a break. director rafael changed that for me during the pandemic. i remember among 6 or 7 after 14 hour day i got home. tire exclude crank competence over it. and i locked at my husband and said you know i think i forgot

how much i loveed work. loved working 14 hour days in the pandemic. and i just found myself talking about renewing. >> 3 minutes expired. >> thank you. can we do one more call frer remote audience. stand by. welcome caller. good morning i'm sarah jones. i am formerly a staffer from the city and county of san francisco. first in the planning department

and then from the san francisco municipal transportation agency. and ooechl now the acting direct of community development agency for marin. i worked with debbie for approximately 8 years. first at planning department as the environmental review officer. responsible for the county work the city work under ceqa and planning director of the sfmta. debbie brought me in to the eoc with her. out of commitment to what the city needed and because she knew i had something to offer. it came from her commitment. i left the city a year ago. now acting director of the commune development agency in marin county. includes sustain act and solid waste functions. i have direct experience with a

portion of debbie's responsibilities and i'm speak with deep knowledge of the challenges she faces and my experience working with her. debbie was committed, supportive, a great partner always working with others to achieve goals and this is pregnant that is can be too river in san francisco. and not something this there is institutional support for. debbie has been supportive of her clothes and cernel parts. helps us do our best work and be our best selves i saw her do that with her own d. engaged with her a lot about the work program and i saw her working tireless low to ensure she was setting up her department to fulfill responsibilities around san francisco sustain ability work. it is here i get on what is

agregious. debbie was placed by the city impossible low and charged with taking action on the commitment to environmental sustainability begin entirely inadequate tools to do so and i'm speak of budgetary deb did this in above forward way when it meant she was subject to expectations from other departments when they needed that debbie was unable to deliver bouz of funding. i think it is a problem that the city of san francisco upon not only does not value the public servients it messages to them in harmful ways they are at fault for doing what jobs demand. the entire. >> time has e lapsed. >> thank you. . call the next speaker in room.

>> chair lee and commissioner thank you for making time for comment from regular citizens i'm mark mccormick you have me written comments i want to amplify points. i'm a retired senior executive i lived in the bay area for decades. in san francisco and i now teach yoga and manage a community garden on 21st and bryant with my neighbor who i did not know would be he were today. i'm a concerned citizen and want to amplify the points i made in written comments and say something about debbie's leadership. what i valued about her as an ordinary citizen. no one cares more about environmental leadership at the civic level than debbie. she is uniquely qualifyd and shoes up repeated low to

emphasize the relationship between our government, private companies and citizen to do the right thing. when i traveled around the world and go to idaho, something i brag about san francisco is things like our zero waste goals. 3 bins you would not believe in idaho -- recycling is haphazard and here i have a green binful i have a blue bin and brown bin it is management deb and he her department make its easy to do the right thing. when i read about the charges against debbie, i was reminded of years i spent serving on the board of san francisco aids foundation. our largest contracts were with the city and the partnership was strong. invited them to board meetings. invited them to fund raisers to

show there was a clear spirit and a partnership with the organization. i believe this close working relationship with city staff and partner organizations is why san francisco was able to be a lead in sxejz eradication of hiv to treat things a funds raising dinner is corruption is wrong. this engagements trust and arrangements strong partnerships she is a world leader the commission should consider the impacts. i hope you make a strong statement absolving debbie of wrong dooing and be open with the citizen of san francisco about the mistake of the probable cause finding. thank you. other speakers in the room? next speaker, please. >> all right.

>> i thank you for taking public commentful i'm jeannie rizzo i'm the chair of the california board of environmental safety. but here as a citizen in the former ceo of breast cancer prevention partners. deb sea public serve cant served the people of san francisco in california with integrity. i want to share a story i think speaks to debbie's commitment to good government and impact on the health of the plan and he all of us. i known and worked with director rafael since i geoff began as president of breast occurrence prevention i san francisco nonprofit. debbie utilized her scientific training a toksics reduction program manager for the

department. and when she brought to us she partnered with us in the design and the implementation of the precautionary [inaudible] distinguished sudden front the first municipality to adopt an ordinance and such a condition sept to drive the city. these were the most progressive local government policies in the world. we continued to work with debbie in department of environment to craft and introduce the san francisco ordinance that ban toxic chemicals. she was was our scientist for the city and community. and were not daunted by industry push back or challenges. she pushed through that. this law protecting children from exposure was then adopt instead state of california and did not stop there.

she joined with groups as we worked with senator feinstein to intruz this legislation the w that started was driven and supported by director rafael. when debbie left to assume the vetted position of california department of tokseck substance control, she brought a reppingtation and absolute condominium to the people she served. as leader of an theergz relied we tapped on knowledge, sought her direction all in the service of. deepning our knowledge and maintaining credibilitys we advance policy on the local, state and federal level. never veered from commitment to protect the health of those most vulnerable. her return to the department of environment was applauded by

environmental health and justice advocates and elected officials. there are counselless ways she served it is unfathomable that infraction you might be addressing rise above a simple techical oversight error at worse. it would be unwise and unjust to address her with anything short of respect and admiration. i really hope she deserves that you -- give her back her repization she deserves your appreciation for her public service. thank you very much. >> thank you. >> you have 3 minutes. >> i'm meridith women i'm director of california department of toxic substance controlism appreciate the opportunity to share who i know deb tow be. who i seen her be for a decade.

i met her in 2006 when i heard her peek. i left the accept a conductor industry. with the desire to do environmental work. this dishe provided a compelling vision of when we could do. to move to a sustainable future i was struck how she conveys urgency coupling with optimism. i recognized her as an impactful and sincere lead and approached her to ask her to share insights with me. she was generous and encouraged me. i landed at an aquatic research. so we could have easily parted way and fallen out of touch. debbie continued to provide tunes for me to understand environmental policy. and over the years i watched her take bold actions to veterans a

progressive agenda. in 2013 she propped me about working together. she convinced mow to join as deputy director. it was her belief that my best opportunity to criminality to environmental protection was a public servient. i wed in the private sector before cal epa what surprised me go government work the seriousness with which public servients take w they think about public trust and strife to be of service to the people who count on them. amongst the dedicated public servants i had the chance to work with, deb emstands out. she modeled behaviors i'm trying to emulate. i watched her work for solutions that met the needs of most vulnerable. exorring other agencies to join to solve problems.

i watched her model values for an organization that was adrift and staff that was cynical. i watched her with stand personal conat the present time and unsupported, taxes and rather defensive she listened for the truth of the experience. now they serve in the position, i know that can be done with a focus on mission and with courage. and integrity semi values. does a person show up under other than different circumstances and set a standards for behaviorment and if this person is a public servant does she live to obligations to the people she serve and it is public trust. the answer is yes. i know debbel to be a woman of integrity and he dedication the

type of public servant i strive to be and for whom we should be grateful. thank you. next speaker, please. you am have 3 minutes and i cut you off on 3 minutes. 3 minuts starts now. i'm brian race and i'm a san francisco residents district 4 a parent who hustles in the city and public serve annual. i was employee of the department of environment and now a planner with the county of marin. i work for and with debbie for 5 or 6 years. debbie was a true lead exert role model. climbing leaders in public

servantings locally and state wide, nationwide globalally recognize her and to me and them san francisco's environmental ambitions and move am. they recognize her for leadership quality and unique ability to invite you in her world and one speech to a crowd it is rare to have someone so known when loved by many made herself accessible to everyone. it was this accessible accompanied by grace and absence of ego and authenticity that inspire period me and others to feel valued and part of an organization greater than ourselves. i have seen how the qualities affected those around her and i have carryd that in my professional career and the rest of my life.

in the essence we were graced by debbie to others a best of -- public servants. something to apyre to as a professional and more so as a human being. it is a shame the city lost the most talented compassionate and genuine individual in a manner deserved of her nature and stature in this world. i wish her the luck beyond in moment however those that know her know she does not need luck we will all look forward to seeing her in service and leading us forward in this environmental movement. thank you. >> thank you. >> moderator can you check if anyone waiting at the remote queue. being thank you we have one more call in queue. >> we have 2 callers.

stand by. >> thank you, caller your 3 minutes begins now. >> can you hear me now. >> great. if i can get a 30 second warning. >> thanks. daved pilpel. i support debbie receiveiel and her work. i understand that there is no public probable cause report at this time. i believe what allegations the staff has should be public. whether you find probable cause or not. i believe any arrangements made were legal at the time and any subscent change in law cannot be alied retroactively. if items were not disclosed on form 700 i asoul they have been correctd and were unintentional. i believe she has no prior enforcement history and should not be subject to penalty if

any. we should bear in minds the proper obligation of department heads while in office and reasonable post and employee burdens in this case i think the burdens here. people should not have to retain private council at personal expense in this case it deterse good people for serve nothing city government. thank you for listening >> thank you. can you call the next speaker. >> yes. stand by. after this caller jumped in. after this caller we have one more. >> okay.

welcome caller your 3 minuteings begins now. >> thank you, can you hear me? >> yes. >> i'm chris gigger i would like to echo every comment that has been made about debbie. and add a few things i met her in the 90's i may win the prize with the california department of [inaudible] through the grant [inaudible]. . obvious she was an exceptional person in terms of defiedcasion to public service. position open on her team, in i jumped at the opportunity. i retired last year. and -- spent 19 years working with the department most television under debbie in various capacities. i wanted to echo what others have said and also give internal picture on how this landed all

of the events upon landed. shy is someone who endslessly told staff about why we should be proud. honestarable to serve the public. it came up constantly whether a comment or theme of an agenda, there was talk about what it moneys to be trusted and means to be honor of public service. and -- for this reason, when the current charges or infractions that are before you became known it was absolutely shocking to those who knew her exit would say profoundly demoralizing for staff who had a certain level of faith and pride in their role to see someone like debbie who

always has the highest ethical standards to be put through this and lose a champion for climate action and other issues the department was w working on it was a blow for all of us. i want that i need to think you need to know this. as part of the context for your decision making i have great faith and respect for the mission of the ethic a commission and the frns approximate public integrity and i think that you know to it quote if your website, debbie has set i high bar in serving the example and by education the cause of public integrity. none of the proposed infractions that she is charged with involve

a level of self interest at all. and if you knew debbie you know. >> time expired. >> thank you. >> thank you. we have one more caller in the queue. >> go ahead. >> we are going 3 and 3. >> eileen. welcome your 3 minutes begins now. >> hello i'm i lean shehahn and thank you for the opportunity to speak i retired a year ago from the environmental protection agency. 40 years in public organizations the fda and the carter white house. epa and the california department of toxic sub stance

control. after 40 years in public service i feel i have a strong sense of integrity. and debbie receiveiel has it in abundance. i worked with her while served the manager of the epa's solid waste and pollution prevention office. collaborated united nation's world environment day. her -- the upon d. environment received competitive grant funds this is benefited san francisco businesses and neighborhoods as well as other cities and in california as well as beyond. in all the work that went on between our offices i found herb trust woth and he dependsable.

she balanced with achieving meaningful results for communities and the environment. she lead in climate, to beingic reduction, green purchasing. protecting vulnerable work and community and general low in environmental protection. i cannot under scorch enough i found this she had a focus on ethics and honorablely serving the public good and she cared about maintaining citizens faith in believe agencies. and did this with funding that epa trusted her with and saw her carry that work out. without any occurrence about integrity. those of us who worked with her

came to trust her knowledge and experience and vision and leadership. thez epa appointed her to the local government add sunrise row committee based on this track record. she has a legacy of honorable collaborate rigz with stake hold and a track record of results. i feel i can speak having worked with her for over 20 years of the 40 years i work in the government that debbie's leadership and ethical approaches to her. of your 3 minutes expired. >> thank you. jot next caller is in room. >> speaker you have 3 upon minutes. >> good morning. i'm david, i serve chair of the california energy commission and that capacity i manage 9 billion

dollars budget and staff of 700 i worked with city and county leaders on building decarbonization, electrification, microgrids wind and everything else we need to get to 100% clean energy future. you have lost a sterling public servient. debbie at the top of the talent in the state of cal cam i think it is a shame you may never of get a formal apology for what happened i like to apologize on behalf of us who know you. i have to say i'm here as a native of san francisco i grew up here. spent evenings here of the commissioner of the puc and worked with department of environment and the mayors and even mayor brown and a colleague of mayor breed 23 years ago.

i want to point out our city we have the high level leaders pel lose and he jerry brown and others who come up but the work is done one rung down from this it is people like debbie that make san francisco proud what we do in the city affectless the state and that affects the nation and the world. i the emotion i feel now is from how high the stakes are and how painful it it is to see someone treated like this the costs are not just to debbie's sterling rebelpation and career tarnished but the larger goal its makes me sad to see my city behave like this and i'm ashamed. so --. i'm sorry, debbie.

>> thank you. next speaker, please. you will have 3 minutes and it begins now. >> thank you, madam chair and the commission i'm gina solmoni'm a medicine at university of california, san francisco. and an investigator at public health institute. i previously the department secretary for science and health at cal epa and also a senior scientist at natural resource defense council. i cleared my calendar this morning when i heard about this hearing as everyone in the room cleared their's. it is a busy calendar for us to clear and do it again had a heart beat. for debbie if there is another i hope there will not be another hearing we will be here again with additional folks as los angeles to express our support for our colleague.

i have 2 things i want to stay. that have been said by others first, debbie's ethics are above reproach i have known her for 20 years and interacted with her and seen the incrediblely high bar she sets for herself in her inneractions with,s and her activities. drives herself heard to absolutely best she can do every day for everyone and sacrificed herself in the process. over and over again. i really -- she is really the selfless public servant that i really took as a role model. secondly, this is a much broad

are issue. . san francisco to be honest becomes known the city that eats its own and -- eats its best -- it will never be able to attract top talent to lead the departments and agencies. in the field of environmental healing, what happened to debbie sent shock waived not only locally and state wide you have seen but national low and internationally. and nobody is going toment to work for this city in the field of environmental protection. after seeing what happened. and that will is a shame. and please, rekt tie this injustice. thank you. >> next speaker, please. >> will have 3 minutes. and it begins now. >> i'm doctor moran a senior scientist i wed with debbie

since 1990. i my comments are in the context of my career in the working with and for a local gentleman i inneracted with thousands of government employees and debbie is the top. you are hearing 3 things one is about integrity the second is dedication to public service and the third is the debbie has never sought to enrich heshz or never observed actions that involved preference for debar over of the public's good. she is also meated decisions good for the publiceen when that he are hard. i can give you examples. in the -- 90's i was the first one among dozens approached her to lead the toxic substance control. we approached her because of her

integ rity. she did that and took that job and govern brown challenged her to dig in and find the bad things and fix it. her time is my goal and i honor her it came at person costs i saw her tearing up. over what she went through trying to get this agency to to prit purpose low.

i thank you for take this testimony today and i hope you will reconsider this as you make your deliberations. switch back to remote speakers. well are no caller. >> okay. the next is speaker you will have 3 minutes. and it begins now. >> good morning i'm jerad i'm the president of of waverly

street foundation. i known debbie since 2001 when i was her boss for 9 years in department of environment. and really i'm here david kind of gave emotions that is in all of our hearts which is we need to make sure what happened debbie never happens again in san francisco. and is this is why i'm here to have this conversation with you. your job is serious what you do is important to government. we need ethics in government at all levels. and you need to take your job seriously that does not mean everything that come before suequal low serious. today i realliment to brunning us back to something the reasonable person test.

the upon reasonable % is confounded if they look at the facts of when we are talking about. deb emwent to a community upon dinner this -- was about engaging community. i did the job that debbie did you have to go to community events the community upon sponsor gave her a declaration of how much that dinner cost. she put that on her forms it turned out that rather than 25 dlrs it was 50 and 60 but can not know that there is no reason she should than if we prepondered every form 700 timetory dot math of what the actual cost was divided by people for every upon event you went to you would bar anyone from taking a job in san francisco. i would never do that the person you want your next directorer nod the the bar of uponent row what it means to participate in this work is important. to realize today.

we have an opportunity to set the record straight to send a message now the folks that are happy beg your pardon debbie leaving are the tossile and farm suital industry the people we would not want to support in san francisco the folks cheering the folks that are fall sxent people that care about ethics about our greatest standard in public office if debbie said she was unpolitical. san francisco has shopped elbows we talked about due process it failed debbie the end. she lost her job and reputation damage is real. you get to remedy that tuesday. look at the facts of the case and realize debbie has acted with integrity competence a model servant to us all.

no more speakers in the room. and moderator can you double check to make sure there are no more speakers waiting in the queue >> thank you there are no more callers waiting. >> okay. public ment is closed. for item 8. yea. so -- we will now meet -- my apologies we need to take a vote on the motion. whether to hold a closed session. have we made a motion yet. it hen awhile. >> i move to go to closed session. >> second. >> roll call. >> on the motion to mote in closed session, commissioner bush. >> aye. >> commissioner feng. why aye. >> commissioner finlev. >> aye >> chair lee >> commissioner romachineo.

>> aye >> with 5 votes the motion is approved. >> xhikz will mote in closed session and i ask all in the hearing room exit the room. so that the commission may meet in closed session. the only individuals should remain are of the respondent, take a 5 minute break before we come back. moderator can you please connect vice chair bush to the closed session who i we take a 5 minute break? good? we are waiting on commissioner bush to join us. >> thank you. skoal while we wait for the vice chair to rejoin us. >> i don't money to interruptil

take us out of practice session i was waiting for commissioner bush. il take us out of practice session. >> we'll proceed here. heel join whenever. we're recording and live. >> okay. welcome back to the open session of the commission meeting. i would like to announce that we will be continuing agenda item 8 to the february commission meeting. now let us proceed to number 9. which is discussion -- commissioner the commission needs to close the closed session voting whether or not to disclose. >> i move not to disclose the

closed session. >> second. >> roll call >> motion made and seconded to not disclose discussed in closed session with the commission will disclose whether the commission has or has not ratified probable cause for each count in the executive director's determination. i will now call roll. commissioner bush. >> commissioner feng. >> aye. >> commissioner finlev. >> aye. >> chair lee. >> aye >> commissioner romano. >> aye >> 4 votes and 0 opposed the motion is approved unanimously. >> now we are going to agenda item 9. come is a discussion and possible action for future

meetings. commissioners what is your pleasure? >> no commissioner bush had thoughts. i know we are waiting for him. >> before him i thought that the dhr was going to get back on a time line for their negotiations with the union with the be careful on the -- the [inaudible] potential ballot measure. >> you are right. >> i did think that, also. >> commissioners, we have this planned for the february meeting. >> february. >> yes. >> because dhr was not available for this meeting. >> if they can get a written time line that would be terrific. we have requested them to come prepared we have not heard back, we will follow up. >> to sends in advanced >> that would be nice. >> we will check with them.

okay. is -- commissioner bush, are you back on? i know. no. we are wait nothing assisting trying to get him back online. >> thank you. how about this. deputy city attorney can we take public comment now while we are waiting for vice chair bush to rejoin us? >> sure. if you like to take that out of order i don't see a problem with that. proceed to item 10, public comment on anything else not on the agenda. who i we are waiting for the

vice chair to rejoin us >> moderator can you check special see if there is any speakers. >> thank you, chair lee. stand by. measureings who are online and wish to provide comment for item 10 on matters not on the agenda dial star 3 or raise your hand if you have not done so to be added to the line. stand by as we check for callers in the queue. we have one caller. stand by. welcome. your 3 minutes begins now. >> can you hear me now? >> yes.

>> great. david pilpel. wanted to clarify in checking on the website i noticed something of concern. the budget meeting that was referenced in the executive director's report is now to be begin at 1:30 and not 10 a.m. but the website still lists it as 10 a.m. on next friday the 20th. that's under sfethics so staff can attends to that after that would be great don't want anybody to get wrong time for the budget meeting. thank you for listening. >> thank you for pointing that out. we are meeting at a different time 1:30. thank you for reminding the public. >> anyone else?

moderator combenls >> there is no further callers. >> double check and see in vice chair bush is back on. >> word from alvin had lar sein the room. >> i'm in the room. >> so let's go back to agenda item 9 which is discussion and possible action on items for future meetings. vice chair? >> i did have i wanted to just bring up some concerns about our upcoming discussion of the budget. in some past reports on ethices by the control and confirmed by [inaudible] they did not only what it is we are doing but list when we are not doing. largely because of resource.

for example, since 2015, we have been under a mandate as a law that we do an annual audit of 1 lobbyist. and in the 7 years since then, we have in the done any lobbyist audits. i think this is where i'm started now. if so it is on tipy toes. that is one example when we do the budget i would like for staff to provide us with their estimate of what it is this is not being done and what it would tiek to get them done. i don't see why we should be fenced in by an over all city budget when our [inaudible] serve the public and don't have resources, we can't do it. >> that was my point i wanted to bring up.

>> okay. . anything else? i forgot to mention that the beginning of the meeting joining us today is acting director and thank you for taking the leadership. and for the next meeting in february, if you can include in the agenda a report staff report on the audit schedule that was presented to the supervisors. that would be great to have a discussion. if you can include that. >> clarify you [inaudible] special meeting the february

[inaudible]. >> january 20 meeting is only for the budget. >> yes. >> okay. >> thank you >> thank you. >> if there is nothing else go to agenda item upon 11 adjournment. no discussion. >> sorry to interrupt i'm not sure you called public comment on 9. item 9 you did not does for public comment. >> you did. >> no. you didn't. >> okay. okay. number 10. madam we are checking to see if there are callers in the queue. stan by. there are no caller. >> thank you. now is aagenda item 11 adjournment. thank you, everybody. have a good weekend.

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reimbursement visit sferh.. >> my name is kathy mccall. i'm director of san francisco national cemetery here on the presidio of san francisco. this was designated as the first national cemetery on the west coast in 1884.however its history dates back to the 1850s along with the us army presence on the presidio itself. we have 26,300 gravesites that we maintain and thereare 32,000 individuals buried in this cemetery . the veterans who are buried here span all the war period

going back to what we call the indian war, spanish-american war, world war i to korea, vietnam and then as recent as operation iraqifreedom . we have 39 medal of honor recipients. more than 400 buffalo soldiers buried here who are the african-americansoldiers who served with the ninth and 10th calvary . there's so many veterans buried here, each withtheir own unique history and contribution . one of those individuals is all equipment prior. that's not her real name, that's her stage name and she was an actor during the civil war and while she was working she was approached by sympathizers who offered her a sum of money to cost jefferson davis on stage she did this but she recorded it to a union marshall . she was fired for doing this

which made her a sweetheart to the local confederates and made her a good spy for the union. she gave information to the union until late 1863 when she was found out in order to be hung by confederate general braxton bragg of the union troops the town . no longer any good she even wrote a book. she was given the honorary rank of major president lincoln and her inscription reads union spy. >> memorial day is a day of respect and morning for our veterans who have given their all five presidential proclamation it became a national holiday to beobserved on the last monday of the month of may . originally memorial day was called decoration day during the civil war to recognize the veterans whogave their lives .

memorial day and veterans day getconfused because it involves veterans .veterans day is on november 11 is a day to honor our veterans who are still alive while at the same time we pay respect to those who have passed but memorial day is a day to show our respect to what was said and honor ourveterans who have passed on . >> lieutenant john david miley was a graduate of the united states military academy atwest point in 1887 . he was commissioned as a second lieutenant with the fifth artillery regiment with the outbreak of the spanish-american war in 1898 he was assigned an aide-de-camp to major general william shatner, khmer and commander of the expedition to cuba.he was highly trusted and when the general staff fell lieutenant miley was designed to coordinate the attack on san

juan hill in his place and would ultimately be the one to give the order that led to the charge of lieutenant colonel theodore roosevelt and the roughriders . a few days later he served as one of the commissioners who negotiated the spanish surrender of santiago july 17. in 1904 miley in san francisco wasnamed in his honor.we know that today as san francisco va medical center . >> as a young man i grew up in south san francisco right next door to the national cemetery so when i became a cub scout we used to go over there in the 50s and decorate the gravesthat were there. when i got out of the service i stepped right back into it . went out with the boy scouts and put up the flags every year and eventually ended up being a scout at golden gate cemetery

for many years. one day a gentleman walked upto me with a uniform of colonel retired . he grabbed me, i wasin uniform and says i need your help . from that day on i worked with cardinal sullivan doing military funerals and formed a group called the volunteers of america who brought in other veterans to perform military service and the closing of all the bases we got military personnel to do all the funerals. to this day i've done over 7000 funeral services and with my group we supplement the military, all branches. i'm honoring a fellow comrade was given his or her life in service to this country. and the way ilook at it , the last thing the family and friends will remember about that individual is the final service we give to them. so we have to do a perfect job. so that they go home with good

memories. >> our nation flies the united states flag at half staff by presidentialproclamation as a symbol of mourning . also in va national cemetery flags are flown at half staff on the days we haveburials . is lowered to half staff before the first burial takes place and ray is back to full staff after the last arial has been completed . on memorial day weekend we have hundreds of scouts veterans and volunteers who come out and placed individual gravesite flags on every grave throughout the cemetery transformation from when they begin to when they conclude and to have that coupled with our memorial day ceremony is very moving and suchappointment reminder of the cost of our freedom . it's a reminderto us not to

take that for granted , to be truly grateful for the price is paid not only by those who given their lives but those will have served our country and still pay the price today in one way or another and it's so meaningful to be to work in the national cemetery and see the history around us and to know this is such an integral part of our nation's past and present. >> television.

>> in 1948 swensen's ice cream used to make ice cream in the navy and decided to open up an ice cream shop it it takes time for the parent to put money down and diane one of the managers at zen citizen in arena hills open and serve old-fashioned ice cream. >> over 20 years. >> yeah. >> had my own business i was a firefighter and came in- in 1969 her dad had ice cream and left here still the owner but shortly after um, in here became

the inc. maker the manager and lead and branded the store from day to day and in the late 90s- was obvious choice he sold it to him and he called us up one night and said i'm going to sell the ice cream store what you you talking about diane came and looked at the store and something we want to do and had a history of her dad here and growing up here at the ice cream store we decided to take that business on. >> and have it in the family i didn't want to sell it. >> to keep it here in san francisco. >> and (unintelligible). >> share worked there and

worked with all the people and a lot of customers come in. >> a round hill in the adjoining areas loved neither ice cream shop in this area and support russia hills and have clean up day and give them free ice cream because that is those are the people that keep us the opportunity to stick around here four so many years next generations have been coming her 20 er thirty or 40 years and we have the ingredients something it sold and, you know, her dad said to treat the customers right and people will keep on coming back and 75 or 74 years, you know, that is quite an accomplishment i think of it as

our first 75 years and like to see that, you know, going into the future um, that ice cream shop will be around used to be 4 hundred in the united states and all gone equipment for that one that is the first and last we're proud of that we're still standing and people people are you tell people it's been around in 50 years and don't plan on

>> all right. treasure island develop authority meeting. board members are participating in this meeting remotely via video conference and participating in the same extent if present. public comment will be available for each item on the agenda. for members of the public who wish to make public comment, the phone number to use is 415-655-0001. the access code is 24968937338. then press pound and press pound again. when your item of interest is called, dial star three to be added to the queue to speak. you may address the board once per agenda item up to two minutes. item no. one, call to order. director tsen. >> present. >> direc