for them to have been taken away and thinking of the age group of the patients at laguna honda and i think that this is something that many people may not be aware of that has adversely impacted the patients because it means a lot to seniors to really have a good doctor because they know that they have someone that listens to them. i am equally disturbed because they were dismissed for doing the right thing and it is just unbelievable at this day and age, that we are going through this, but we have to go through this. i think that if this is a conflict of interest, and i think that it is. i think that this case really should be referred out. i think that for your own intelty and for your own self-respect and you are an important body, granted we may not always agree with you, but you are all educated and i can understand that there are unseen forces that may be behind you, but for your own integrity and your own self-respect, i would ask that you do the right thing and that you refer this case out and not try to make a decision that involves the executive director, because that

so you have formerly homeless seniors, people who have been in laguna honda living with other folks who may still qualify for affordable housing so have more means, but also have aging issues and other service needs that the building addresses. so when we do services in these buildings it's not just exclusively to direct access to housing tenants. the access points, just to give you an idea who gets in and where we are looking for people, access into direct access to housing is through acute and psychiatric hospital, long-term care, so laguna honda and other places, intensive case management programs that work in the community, our primary care clinics, our sobering and respite center and our fabulous street outreach program. one of our biggest clients and trusted partners. and, you know, the reason we do this and the health department is doing this is, one, because we think it's the right thing to do and we have spent so many dollars and so many years spinning our wheels with trying to help people recover, only to realize the obvious, that it's ludicrous to do it without housing. how d

the rebuilding of our public hospital laguna honda this is on going work with the same contract ors that move successful apprentices from one project to another and keep them working for several years. the construction workers of the future to be the superintendents the construction owners. that's the perfect thing there. that's success. >> roll call. >> commissioner bonita and lev are on their way. >> i will make an announcement for those in the audience that item 11, the outside music festival permit will not be on the agenda. we will put that off, make sure it is properly posted. with that let us proceed. >> just a reminder to everyone. if you can please turn off any electronic sounding devices. on public comment. general public is item number four. it is again item number 12. so general public comment. you can comment on any items on calendar, but if it is not on calendar we ask you comment under those items. each person will have three minutes under public comment. we ask in order to allow ample time for all there is not a conversation going back and forth. to have your public comme

. >> i work for laguna honda before i was driven out of there (inaudible). i want to under score what dr. kerr said about the fact that you all have the responsibility to deal with whistle blower realtation, and the events are very important in society and clearly you are finding of no whistle blower retaliation when the government project finds that the vast majority are retaliated against, begs the question as to whether you guys are doing what you are supposed to be doing, thank you. >> next, item on the agenda, is the discussion and action on ethics complaint 08110816 and 09110816, alleging that executive director john st croix and tonia lediju willfully violated the sunshine ordinance. i understand that we can get or have got lisa from san jose to the attorney's office on-line and i think that we should try to do that. >> with respect to the issue, i would like to give mr. shaw an opportunity to speak, i know that he submitted a response to heric's analysis and i have reviewed it. but i do want to give mr. shaw an opportunity to explain it and provide w

the rebuilding of our public hospital laguna honda this is on going work with the same contract ors that move successful apprentices from one project to another and keep them working for several years. the construction workers of the future to be the superintendents the construction owners. that's the perfect thing there. that's success.

. >> doesn't the laguna honda matter. why isn't that a investigation relating to governmental ethics? >> because it was an investigation about... i would frame it more that it was elder financial abuse and not ethics. it was a misappropriation of funds. it was not per se, about ethics. funds were misappropriated from a restricted use fund and was spent by staff and when the city controller finally was pushed into conducting an audit, $350,000 of that misappropriated funds was restored to patient use. it was more about financial issues, not about ethical issues. >> let me ask mr. shaw a question? >> sure. >> isn't part of your point that it doesn't matter why you wanted them? that it is simply a public records request and you don't have to tie it to elder financial abuse or... >> that is right. >> you could not look and see what letterhead they used. >> miss studley you are right. when you file a sunshine complaint you don't have to specify, is it public access? is it ethics clause, you don't have to say. >> curiosity, or