tv Ethics Commission SFGTV December 3, 2024 11:00pm-12:00am PST
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love food and didn't wa to be a of it and bring something special to ÷9san i reached out to my busines gil d he foodes ch to be ourselves an rents and you our families. j a áre in a feel proud of myself and just to to add to so special. speck ó"specialness, but you just ne or the ment wil be agend public willllow mities to speak during public comment peri hone call by calling 14156550001. access code by the pound signthen press pound again to join as an attendee.item of interespl to rae yourqic comment the webexion. use thehe agenda
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to connect and press the raise ha. for detailed instructions or webethe agenda document for this meeting. pf[d in writingh thwith and will be shared aft al meeting file. w be sent t ethics commission at sfgov. org. attend commission meetings, including expectedully duringr comments to the commission as a whole and not to members. persons who engageterruptions or behavior may be exclipation. thank you, mr. i now callthll? undernes.rk cleo. general public oom my name is ellen i pl stateshe republic for which it one nation undesstr today tommissioners protect to night, nove fi was atol athes at t heyo it's 13 people s13 peop;11ále. i for mayor.av here re f many leaders, partl
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runnng to running for mayor nighter 5the2 . va at 8:0ation. sostigation time.ormr. clerk, would you check if there6 have one caller in the quhrnutes. begins nowkúme; myse only foayro waestablished inhe taxnd approximatel.hatot of complax'ncy. iee4p a lot of ignorance. a oot ofis of in b manup w need to get thisai and we need toet it straight wr. all?x our and every single voted for. ttorney present at th÷f÷6 cueorre keep your shit togetherós thank you. as a reminder, members of calling, shouting intiracting behavior mayipatso if iks in charge to cut off the comment.e it, otat's not relevant to if )there are anyors, commentersaiive. thd". i nowto. sorry, i'm on th.tis now colleagues, w m of
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the public or a is missioner wishes to taken up andçg w doany item on the consen? public. the room-wmrth se there were callers ineur.l2s now clofwgj on ar, which, adoi believealendaroll, please, on theoz motion consent calend? chair finley i safaí i i chair e motion is itemmber six edark farrell for yefarr idate control ba tl, for y onecord, mr. roy was the , iss fority are str limit for candidatendidte conside s. lpi ig ballot measure the mayoral committee, but did notj+atede committee. therefore, those payments tha 1] u/tions to the mayoral committee. tvestigation determined thee b over 3,000. onegd by june, and wer very severeec do everything in our powericly resolve this m when ciscx7 it also rle that alli ts casexd the enforcement division's b]we're that we
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h resources t the tw cre w, who'sn, investigator zach supported the investigation. astt andelleme agreement.d re&4a] matte m he to assist with quesxú director matthews, and thank páquick colleagues lóeyond what's!3 in the stipulnod i but inds for the intended 50/50 of that the campaigthat right? iai understa looking assumption that was thent actu right? righq8 did not reveal any tracking;p done by t 50 ov right a que:ustion that. but i firstt lo difficu on on those l there is a complnce ;ucounse issued a memorand in july 2024 claiming was tracked and accounted committ to the ethics commission during the investigatt. the memng the coursect were there any similar misrepresentationsade by the s were made esponses to and wedifn8x representation from the respondents. thank you. to me
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particularly becauset looks like through your investn those representations appear toñ4 be false. from that it is a code for a personw/h lse orhe also am struck by the fact that this firm that appears torees respondents and separate requirth that apply to att and there are cseveral here that apply would suggest that if knowingly false statement,e violations of eths rulethere thate jurisdiction of the ethics commission, but to the extent that you and staff think it consider whetr or other relevant authorities might be rules of professional conduct 3.31 says that a lawyer shall not knowingly make a false statement of fact or law to a tribunal. it memo to. but the ethics considered a tribunal under the rules of professional conduct. but beyond that, there are prohibit a lawyer in the course oft,ment of any third pers 3.4 c, a lawyer shall not falsify evidence or counsel or assist . so i, i don't
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know if we have a procedure in place for considering thoses of referrals, but that to me, struck, struck me as pretty shocking that false claim along those lines. thank you for that ack. we recognize the severity of that as well. and it was important sure. and work on it and. clarify is the respondent who was the treasurer law firm? i'm sorry. can you repea that was roy herrera. is that i5]eshe is. commissioner francois, do you have any questions? does anyone in the room wish tor matthews. any more questions commissionerk you. does anyone in the room wish to make public comment on this item? yz4es. good morning again+. my name is ellen elan. l e z h o u. item youand say
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about making false statements and we respond to you accordingly. this item is a civil. it's not a civil case.riminaloc newspaper, that's 28 pages. possible indictment= paper regarding this individual including nine community leaders. the nine community leaders including including board of supervisor about criminal behavior. they request the and california general attorney investigation for crimities. so that's one item back to your fourth you do t yet you lie. item number three consent calendar. you lie about what i not say in october 11th your minutesúe. item number four from octobe 2024 that you falsely accuse me. say something i never have
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saidut you have the . whoever take the'3 minutes and whoever's in here last month, october 11th, 2024 i never said a volunteer who passed away, but whoever made the minute put the name inta minute. full name three different names and fir now, i'm not sure violation of your conduct, or m not sure if this is a civil lawsuitser. and i'm not sure if ofstatement that i d not make. but youat. put it in your minutes. so right now, because you're doing things that are according to the people's go d and it's in public record. so i'm asking you if you tell people wrongful accuser, i'm asking you wrongful accuser statement told me ellen demand you to correct your record that you put some mentioned in there. it became a
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privacy. i became a pu violate your own very old oath, make a statement that i did not quote. thank you. your time has expired. thank . thank you ma'am.nd we don't normally respond to public comment, but i'll just note that to minutes i don't th comments were directed at commissioner sly specifically. nt is inaccurately reflect some of your prior public the case, we will correct them to reflect what you stat was thank you for bringing that to our attention. mister clerk would you checkere's any remote pu item that we were discussing? chaiue three minutes begins now. so who i was speaking during public comment? so think about these two words. public comment.public comment. what do those two words mea sacred space for public to make. comment. no commissionerattorney. the public makes regards to ma if you know anything about mark farre. mark farrell can no longer practice law in the state of california. so says his record from the state bar
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look it up this keeps going on it to the state bar. it's a moot point. he cannot practice law. it's a criminal investigation that should be done by thees. i mean ridiculous commiss ever ever seen. well, besides the police commi act together pack up your bags. just leave. say breed and all thehat appoint you. because you guys are worthless clerk, are there any other public c?ad chair friendly. there are no mo callers. thank you, mr. clerk. is there a motion on agendaible action regarding the proposed stipulation and the matter of mark farrell. and so second. second. sorry. commissioner francois seconds. mr. clerk, would you please take roll?úp on the on the motion to approve agenda ite
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ed unanimous. thank you mr. clerk. i now call agenda item number seven. and i'll note at the outset x that because we only have three is we will not be this item today. but i hope but we're going to have discussion on it. so i presentatives from, ie and whoever else is here will participate because i have some questions. mr. canning. yes. than&< rred fromboard of supervisors, regarding theleblower program. the le would require reporting to the board of supervisors when a whistle investigation is com involving an elected official or department head, and this is before commission today, because per section 4.103 changes to article four, chapter and governmental conduct code a 4/5 vote by the eics commission, as well as a two thirds vote by the board of
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supervisors to be enacted. staff havew and do not believe that it will impact t and would, you know, not have a detrimental effect and would potentially bring more transparency to the board of supervisors regarding theenforcement efforts of the comptroller's office and objection to that legislation. but yeah, as mentioned supervisor ronan's office is keating. i did have some questions on that point, and at some point i'd like our deputy city attorney to weigh in. but first, i welcome to greet us. hi. good morning, anna herrera from supervisor hillary ronan's office. unfortunately, as you stated, you can't move forward because you don't have the fourissioners. so i'm here to answer any questions. but the fact is that as the lead and supervisor supervisor ronan is termed out. so we won't be able to move this forward. so maybe thisk to you if another supervisor decides to
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pick it up. but do you mean because the supervisor won't be here next month when ? yeah, there's not enough time in the calendar to then move it to the board o supervisors. oh, i see, yeah. okay. well, in the event it s back i did have some can help us understand. and my colleagues may as well. the first question i have is just why? what's the point of this. why do we need this measure? it's just aright now. currently there's no requirement once theyt there's been wr head or an electeoffici just requiring them to take that step. but why does that matter? does theoard what's the board's role in disciplining public employees? it's less about discipline and more about just public information. anytime this has come up in the has been pretty frequently, it' out in the news. it's been out in constituent questions, we get media inquiries, and the supervisors are just as caughto idea what what had gone, what why this is going on. so it's just to provide more transparency in the process. and then thank you for that. and i had another question. and then this may not be within your i'm curious when it's when the controller resolves an
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investigation or substantiates i thinkknow what that actually means. tg like a publs8ic hearing? is it does the accused person have some kind of role in it? because i don't think the legislation as proposed defines or explains the comptroller's process. so it wasn't clear to me what trigger the actual proposed notification to the board. that's the whistleblower program has its own process. that's already that's already established. i'm not privy to all the details buthm i think it's substantiated. on they conclude the investigation, that they're guilty, you know, for lack of better words do you know whether the employee at issue has any that any due process or is it more of a one sided controller investigates. and then my understanding is there is some process within that investigation it may be moot if this isn't going forward, but if it comes back, that's something i'd want to understand better. and t be more on the controller side. do my commissioners just the clarifying or not? otherwise public, or is this
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creating a way just for the board of supervisors to figure out what the outcomes are once they're substantiated? i think they would be. they are public records. there's just no like requirement to share unless someone knows, i'm sure they could ask. but the idea is just to shar. i see. so they're not published as a matter of course. it's right. right. thank you. then i did have just a question that maybe our mr. adams can weigh in that my question was when i read this, it looks like it would affectons. but if that's not the case, i'd love to understand how that how that works. i think you're asking the reporting requirements specifically. correct? that's right. yeah. my concern is that it would require the controller to report ethics 60 days in the world of investigations is not that long. and my concern is that that woulent division's work. if. yeah. and without getting into the, you, advice that our department has given to our office is given to the other departments. but you might ask
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the sponsor how they interpret that langu particular investigations theing on. i think the legislative digest also speaks to this, perhaps even more clearly than the language of talks about reporting of controller investigations. if you look at the look at that language in front of me, it says to report to the boardthe legislative digest the result of any investigation where thegó controd in unlawful activity. so speak a little bit more to your point about whichtigations the controller is referring or not referring on. excuse me reporting on. no, that's interesting because i think the language of the statute, the proposed text the statute itself, doesn't say that. right. it says the results of any investigation that concludes that if this comes back, we can reconcile the language of the proposed statute itself with the legislative digest, but then also begs the question, what if both parties are investigating it? the comptroller's office and the ethics commission then? but the but themade ethics com create kind of dueling and inconsistent reporting? and they may they may not be an answer to that. but that's
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another concern that i'd have if this comesack. madam deputy city attorney, i don't know if you have ediate reaction to that, but i don't. but itm like there's a poss. it seems li this is going to have to come backí= and so to the extent th commission7l is sharing some out with, you know, the supervisor's office and keep those the, you know, possible similar legislation comes forward. yeah. so, mr. chair, thank you for being here. maybe this is moot, but thank you for your time. and to the extent it does come back, those are some of the er even concerns. they're just i think information gaps better. commissioner francois commissioner salahi any other questions? thank y while you're here,s there anything else youhere. no that's i'm glad this is on the record and hopefully someone else does pick this up and that sounds like a clarifying amendment that be added. okay next time you hear it. great. thank you so much. okay. than taking action i think we have to take public comment because it's on our agenda. thank you. does anyone to make public comment on this item? y. good in. my name is ellen. l e nfi l e z h for the public
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as a previous public e was a whistle blower and after we the people report what's wrong wither and we the public employees being retaliated. for example my example i report about covid 19 shots, a poison jab, a bio weapon and tell my public health and the city leaders and our board of supervisors. so what do i get? suspension and termination. so the whistleblower department is not like what you talk about in here. so for all the board of supervisors receiving and telling medical perspective, covid 19 shot is a bio weapon against our people. many people will be dead. it has been die healthc, public practices. the government only have two responsibilities one
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public health, two public safety, and none of these two carry by any of the boardf supervisors or the mayor or here in the san francisco ethics commission. and from the the last ma ran for office in 2018, 2019 and 2024 as a mayor candidate and also as a almost 20 years. i was wrongfully terminated bec i report the truth about covid 19 shot. it's a bio weapon exemption, many of the christian, i would say most of the christian turn in the religious exemption. what do we get? all christians, all turn in religiousy terminated because we are day we have so many court cases. and who pays for the court cases? we, the plaintiff, paying our own cases, the defendant, the public, the public money
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defendant spent millions and millns on whistleblower defending a bio weapon and refuse the public workers terminated because we refuse to take the bioweapon covid 19 vaccine. so i am here to remind you yd your department is just another public puppet show for the public. so wake up. thank you. your time has expired. mr. clark, wouldheck if there's any remote public commenon this item? we are checking to see if there are any callers on this item.9i chairman live, there are no callers on this item. thank you. agenda closed. i now call agenda item eight. discussion and of the executive director to make amendments to the ethics commission's ethics commissioanning. thank you. chair. this isr for the commission regarding ethics commission regulations. from time to time, staff will observe
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not minor non-substantive errors with regulations. there are a couple of examples presented in the memo one 3.205-1, where clearly from the context of the was intended to be, was entered as march 30th as well as other kind of numbering and formatendation before the commission today is to pass a motion that would give the executive director the authority to make minor non-substantive amendments to commission regulations without requiring a vote by the commission, which we believe will just allow staff to you know, efficiently maintain the regs without having the commission that might not require your attention. than those are helpful examples in the memo.like a pretty straightforward no brainer to me. but colleagues, any questions? yeah, i agree with that. what? just for clarity, in the public record is there a process for documenting what those changes are and reporting them out
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publicly other than actually mothe text? just some way of keeping record of when such changes are made. maythere's maybe it's a goodchanism for that, whether it's publishing to the website or letting us know wheneverst so there's some record of it. yeah, we can explore that. i think we currently pac versions of the regs on the website for kind of search reasons. if somebody looks and they looked at something that was past, we want to have kind of on the website, have the current we might be able to explore ways or, you know, havent on the record. if not maybe on the website for those kind of changes. yeah i was less concerned about having an archive of the past versions a says on x dateypo. okay. yeah, yeah.d do like a notice on that, that goes on the website know, restate the regs but just or or just in an agenda packet. yeah. or maybe sorry i didn't mean to. no. it's okay. i was just thinking out loud. maybe director's report every 3 or 6 months or whatever you can just compile. yeah, but it's a good it's a good point to kind of just make sure thaté$ people are aware of them. yeah. i think
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would be a good place for tha any@7ois does anyone does anyone in the room wish to make public comment on this agenda item? seeing none. mr. clerk, would you checklp if there are any remote callers? chairman. live. there are no callers. i move to adopt the staff's recommendation and agenda. itof the director tov# make amendments to the ethics commission regarding revisions. second i second, mr. clerk, would you take roll, please? on the motion to adopt the agenda item number eight chair finley, i, commissioner safaí i commissioner francois chair finlmouslyan. th. i now invite. oh sorry, mr. director. board, are you approaching for. sorry? where are we? please. okay. sorry. i may have skipped something. i thought we were at the number nine. number nine?y3 which is? please go ahead. yeahu,
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chair finley, for the record, patrick ford, executive nine contains a proposed meeting schedule for calendar year 2025. this is a routine process that the commission goes through of setting its meeting schedule for each calendar year. schedule that is in thiss agenda item would follow the commission's current schedule for calendary year 2024, which is to meet at 10 a.m. in this room. city hall, room 400 on the second friday. except january and february, we're proposing to the commission that those two meetings be held on other days in order to accommodate the budget process that's required by the board of supervisorssentially, before a department submits their prosed budget to the mayor's office, we haveg to hold two public meetings toe3 discuss the budget. and it's very board of
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supervisors . if we were to keep those second friday meetings first, we wouldn't have enough time from when we get the budget instructions to actually publish a budget proposal and be ready to discuss it by the second friday in january. and then in february, i think wenough time again to digest have that meeting and fruitful. so we're proposing departing for those two meetings, but for the rest of the year to keep that standard schedule. i don't think i have anything else to say about this item. so glad to answer any questions you have. thank you. mr. ford. any of those states rais? not at this time. does anyone in the room wish to make public? thank you, mr. ford. does anyone in the room wish to make public comment on this item? yes. thank you. my name is ellen. l e n l e z o you. regarding this item, the ethics commission meetings, i would appreciate that the ethics commission, when you
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cancel your meetings, that you send a mail alert t me are coming in here. i've been here 20, 24 many times, but there's two times just one night before just the day before, the morning before. so i took my time toe. i raised my guess. i raised my time. and as a courtesy. government public servant. and so that's my request. please alert people that you change your schedule fartheaway two hours before your meeting. being canceled. thank you. mr. clark, would you check if any remote public comment live? there are no callers. thank you, mr. clark. i to accept staff's recommended calendar and agenda. item nine second. mr. clark would you take roll, please? on the motion to number
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nine. chair. chair finley i commissioner francois i chair finley with threa;3be votes in the affirmative. the motion is approved unanimouslyan clark. i'll now call item ten. discussion and possible action on future meetings and apologies, director ford, i item we were at's whyhat was my apologies. i had one kind of thought, and it's about the factors that we consider when we're looking at employment waivers. the disqualifications, and aankly, the penalty factors we consider in enforcement actions. to what extent are those something that we can supplement or add to? are they. and i didn't give you a heads up about this. so maybe you don't know. but my question is how much we can weigh in on considering additional or updating or modifying those factors that we consider. sure. so for the waiver standard that is in the willingness to look at other factors beyond what's strictly stated in the code. that could
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be a reg project to memorialize additional factors that you lookc÷ and actually chang. for you wanted there to be the same standard for each of the different kinds of waivers, like to just make it no possibility for undue influence or unfair advantage as opposed you just wanted to have one single standard that would probably require legislation. but if you wanted to just iterate some want to have standardized as part of the process, i think a regulation would want to talk with the city attorney'st to me that seems like that would be doable. is that the thank yoor that? is that the same for the penalty considerations? yeah. penalty considerations. i know that those are in the enforcement certainly within your purview to that that's on the enforcement division's schedule for the rest of this fiscal year, is to be reviewing those regulations and studying them and presenting some proposals to you of ways that they want to change the regs to support a better case resolution process. so i will communicate
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to them to also look at penalty factors and to talk with you about if there are additional factors or different factors you think would be better in there. we can roll that into that project. yeah. then could we also then roll in the waiver criteria for the employment waivers as part of that same conversation? or do you think they should be separate? i would suggest keeping those separate just since one is enforcement and one is, you know, compliance side project that probably michael would would lead on the waivers and bc would be leading the enforcement one. that's a good point, right. keep that separate. and then for the, i disue. so you may not have any immediate thoughts, but if you wanted to weigh in on, i guess, to pinpoint the question to kind of supplement the considerations that we weighing the employment waivers and penalties? you know i don't have ano at the executive can certainly look into that as well. an whichever, whichever aspect we're looking i d of looking at those as two separate tracks on the compliance versus the enforcement side is probably one one helpful. and then, of course, thinking about what's in the statutes versus
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what's in the regulations. great. thank you. i have a question on that for the waiver criteria side. to the extent that that standard is setde is our what room do we have through regulations to try to elaborate the factors that what what the code says? i as it's not inconsistent. i think that's sort of the first cut is it's not inconsistent. depending on the specifics of what you're looking at, we'd have to work with t sure that that's, you know, w plausible reading of the statute and is there room? is there room asp5 regulations, or is it really changing the meaning of th which would probably require a legislative process? okay canning. yeah. if i can add to add to that the what's in the code are the standards that need to be met. so the finding extreme hards the potential for undue influence or unfair the factors that the commission looks at to determine if those standards are met, those are all in the regyoow, i think and one of those factors is any other factors t commission deems relevant. so in recent waivers, the commission
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has taken a pretty broad interpretation of that and pulled in additional factors when it thought relevant. thank you for that clarification. that's super helpful. great. commissioner francois, any further meetings? future meetings? great. did i don't think i ok public comment on this yet. does anyone in the public comment on agenda item ten? discussion and possible action on future meetings? seeing none. mr. clark, woulde no callers call item 11 one additional opportunity for public comment. does anyone in the room wish to make public comment? yes. wellnmorning again. happy friday. my name is ellen l l e n z h o. i want you all to know if you spend your time working for the government, get paideer as commissioners, you sit in there, but you're not productive to our life. we still have a lot of homeless people
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dying. we still have a lossing people from san francisco street, and we still on. and we have 13 positions election. we had about 100 people. candidates come out to run for 13 offices, myself for example. this is my third time that i that i come out, run for mayor. i run in 2018 and 2019 añ@nd 2024. i am a conservative mother, a pro-life mother, a christian, and an immigrant, and was a public worker for almost 20 years. and yes, i'm a proud supporter for president trump. so this is the point. the government only has two public duties public health and public safety. with your ethics commission or civil commission or any other commission, has nothing to do with the quality of life in san francisco. obviously, many of the people are appointed into the position asfd commissioners. so in your department at the
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commission, it was established by the voters in 1993. so since 1993, right 2024 for 31 years, what have you done that is good.d for public safety good for public health? the answer is nothing. so with you commission alive or close. impact. there's no impact for you to raise your time in here. i'm not talking individual. i'm talking about at the commissions because obviously san francisco has been controlled by the deep state. the puppet masters is called agenda 21, fail dead. now% agenda 2030 which is the new world order. another word for globalists, the elites, the non-elected public people trying to kill you and me and other people in america so they can take america. we move you the liberty, happiness and safety. take a look in san
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francisco, 59 years,ne party democrats, anyone who's conservative opposed them, what do they do? harassment discrimination. before the election begins, they've already picked five criminals and say these are the people that they will supportso you see, youlf have no judicial power for what you do, and you're just sitting here wasting your time, your personal time, and thinking you're doing good. but san francisco has been worse than the third world. and more people die, more drug dealing and more people left san francisco. thank you. your time has expired. mr. clark, would you check if there any remote callers? fan live. there are no callers. thank you. hearing no further callers. this additional opportunity for public comment under 11 is now closed. i now call agenda item 12 adjournment. thank you. this concludes our
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because nothing brings the community together like food. having amazing options for and by the people of this community is critical to thehe long-term success and stability of the bayview-hunters community. >> i am nima romney. this is a mobile cafe. we do soul food with a latin twist. i wanted to open a truck to son nor the soul food, my african heritage as well as mylas continueas my latindescent.
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>>5 years. cooking all my life pretty much, you know. i like cooking ribs chicken, links. my favorite is oysters on the grill. >> i am the owner. it all started with banana pudding, the mother of them all. now what i do is take on traditional desserts and pair them with pudding so that is my ultimate goal of the business. >> our goal with the bayview bristow is to bring in businesses so they cany use this as a launching off point to g as a single business. we want to use this as the support business owners of color and those have contributed a lot to the community and are looking for
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opportunities to grow their business. >> these are the things that the san francisco public utilities commission is doing. they are doing it because they feel they have aan franciscans and to>> i had a grandmother who lived in bayview. she never moved never wavt was a house of security answer entity where we went for i was a part of bayview most of my life. i can't remember not being a part of bayview. >> i have been here for several years. this space used to be it was used as a dump. to repurpose it for something like this with the bistro to give an opportunity for the local vendors and food people to come out and showcase their work. that is a great way to give back to the community. >> this is a great example of a
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public-private community partnership. they have been supporting this including the san francisco public utilities commission and mayor's office of workforce department. >> working with the joint venture partners we got resources for the space that the businesses were able to thrive because of all of the opportunities on the way this community. >> bayview has changed. it is growing. a lot of things is different from when i was a kid. you have the t train. you have a lot of new business. i am looking forward to being a business owner in my neighborhood. >> i love my city. you went to city college and fourth and mission in san francisco under the chefs ria marlene and betsy. they are proud of me. i don't want to leave them out of the journey. everyone works hard.
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of education of the san francisco unified school 2024, is now called to order at 5:01 p.m. roll call please. thank you. president alexander. commissioner bogas present. commissioner fisher here. commissioner kim here. commissioner lamb here. commissioner sanchez. vice president. wiseman. board president. alexander, here. thank you, thank you. all right. for the information of the public. child care will be provid
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