Labor Union Sues City for Corruption and Retaliation

by Dr. Derek Kerr : westsideobserver – excerpt

Why does the FBI manage to unearth City Hall corruption, while our watchdog agencies; the Controller’s Whistleblower Program, Ethics Commission and City Attorney’s Office cry “What happened?”

Clues emerge from a whistleblower retaliation lawsuit filed in Superior Court on behalf of the Laborers’ International Union, Local 261 (Case No. CGC-21-596956). The central claim is that the Public Utilities Commission (SFPUC), Department of Public Works (DPW) and the City Administrator’s Office had “engaged in a multi-year process to divert public funds and resources to enrich themselves and friends and family…”  And, City Hall knew about it…

The impression conveyed was that the City Family views reports of corruption as nonsense to be ignored – or threats to be obliterated. That may explain why Local 261 notified the FBI and decided to sue…

Colliding Ideologies – Prelude to Lawsuit

Local 261, represents some 1,000 City workers. Most toil in construction, environmental services and other public jobs involving manual labor. Committed to workforce development and apprenticeship training, Local 261’s partnerships with the City have been contentious. For example, the union withdrew from a 2004 joint project with DPW. After co-creating lower-wage job classes to boost employment for unskilled workers, “the Department of Public Works took over the funds…to fill other positions that did not promote workplace development,” per the lawsuit…

The Union contends that former DPW Director Mohammed Nuru, and former SFPUC Assistant General Manager Juliet Ellis, hired cronies to “facilitate the flow of public funds to outside non-profit agencies.” Further, these favored nonprofits were paid to perform the same duties as City employees represented by Local 261. Nonprofit workforce development projects sometimes side-stepped the training standards used in union-run programs, thereby compromising workplace safety, quality standards, and career ladders, per Local 261…

Local 261 also chafed at the way SFPUC managed its Community Benefits Program, calling it “nothing more than a slush fund.” SFPUC contractors who pledged to donate money, equipment or volunteer hours to local non-profits received extra points for their proposals. However, the lawsuit alleges; “In many cases, contractors are advised by insiders at the SFPUC to hire an outside ‘consultant’ who will advise them how to draft the… proposal to ensure the SFPUC staff would accept the bid…These consultants in turn received their direction from SFPUC staff.” …

At first glance, this dispute looks like a turf battle: Union versus City-funded nonprofits. But the documented sleaze permeating the DPW and SFPUC leadership adds credence to this lawsuit’s claims. Following its “limited hang-out” audit of SFPUC’s Community Benefits Program, the Controller’s Office intends to audit SFPUC’s overall contracting practices by April 2022. Detecting corruption is unlikely. That would fuel Local 261’s lawsuit. Fortunately for Local 261, the California Supreme Court recently decided to relax the standard for proving whistleblower retaliation. The Westside Observer awaits the City’s response to the above-noted allegations.

Dr. Derek Kerr is a San Francisco investigative reporter for the Westside Observer Contact: watchdogs@westsideobserver.com(more)

Now we know where some of that consultant money is going. Has anybody calculated what percentage of the city budget goes to consultants and how it is accounted for in each department? How long term and open-ended are these consultant contracts?

Union sues SF, claims retaliation for exposing corruption

By Joe Eskenazi : missionlocal – excerpt

The Laborers Local 261 and named plaintiffs Juan Rivera and Theresa Foglio-Ramierez today filed suit against the city of San Francisco, alleging that its workers were retaliated against after union members complained of rampant city corruption and favoritism.

The papers filed today allege that the retaliation took the form of denying workers proper working conditions and in the case of some, harassment and demotions.

These complaints were directed against the leadership of the Public Utilities Commission, San Francisco Public Works and City Administrator’s Office. Former PUC general manager Harlan Kelly and Public Works boss Mohammed Nuru have since been arrested and charged by the feds, with Nuru pleading guilty. Former City Administrator Naomi Kelly, Harlan’s wife, has resigned.

The suit alleges that workforce development programs were co-opted to hire friends of management to jobs they did not perform. Instead, the lawsuit charges, the work was actually performed by nonprofit workers and paid with public funds, which circumvented “the MOU which provided for minimum labor standards.”… (more)

‘We feel abandoned’: Bayview protest highlights ongoing toxic waste scandal

By Tom Molanphy : 48hills – excerpt

Community demands excavation and removal of Hunters Point Naval Shipyard radioactive residue, with local oversight.

This past Saturday, while hundreds gathered in Golden Gate Park to pressure the city to keep cars off JFK Drive, a few dozen Bayview protestors asked once more for the City to remove radioactive waste from their doorstep.

The Tetra Tech scandal was a tipping point,” Kamillah Ealom, BVHP Program Community Organizer for Greenaction for Health and Environmental Justice, said—citing the massive 2019 fraud case involving the cleanup of Hunters Point Naval Shipyard, the country’s largest superfund site. “We know stuff was there. It was a cover-up.”

Saturday’s protest, complete with bull-horned Gospel songs of “Satan We’re Gonna Tear Your Kingdom Down” and posters like “Stop Cancer Where It Starts: Pollution,” began at noon on Third and Evans. But the fight to clean up the shipyard started generations ago and remains one of San Francisco’s most powerful but buried stories. And that story is intertwined with San Francisco’s Black history…(more)

Remembering Bob Planthold, activist for sunshine and disability rights

By Richard Knee : 48hills – excerpt

Upon learning that fellow good-government activist Bob Planthold had died, Maxine Anderson reminded associates of an old African proverb: “When an elder dies, a library burns to the ground.”

Planthold died in his apartment on Jan. 27. He was 73. As of this writing, the medical examiner had not determined the cause of death. A funeral service is set for Friday, Feb. 11, at 2 p.m. at the San Francisco Columbarium, 1 Loraine Court.

Planthold forcefully and effectively advocated for the disabled community, especially when it came to public-transit access, government transparency and participation in the political process. He was the only person to have served both on San Francisco’s open-government watchdog commission, the Sunshine Ordinance Task Force, and on the city’s Ethics Commission,

“Bob’s was a rich, interesting library from which we were fortunate to borrow from time to time,” said Allyson Washburn, who chairs the steering committee of San Franciscans for Sunshine, a group hoping to strengthen the city’s government transparency laws. Anderson is one of a handful of people on the committee. (Reporter’s disclosure: I also am on the committee.)…(more)

Opinion: Want to solve the housing crisis? Turn offices into apartments

By Al Saracevic : sfexaminer – excerpt

Conversions could revitalize S.F.’s troubled downtown district

So, lemme get this straight. We have an acute housing shortage in San Francisco. And our downtown office buildings are standing largely empty. Am I missing something here? Seems like a logical, common sense solution is staring us square in the face.

Let’s convert some office space into residential housing.

Before you take out your zoning rule book and start slapping me around, let’s talk this out. Sure, there are plenty of roadblocks. But we put a man on the moon. Surely, we can put a condo on Sansome Street.

This, by no means, is a new idea. Commercial real estate conversion and adaptive reuse have been urban planning catch phrases for decades, triggering avid support and rabid opposition at various times, for various reasons.

But I’m here to posit a simple truth: It’s time for San Francisco to give this idea serious thought. The pandemic has triggered many changes in our society. The shift in workforce behavior may be the most profound…(more)

Health Department Busted for Violating FOIA Laws

By Patrick Monette-Shaw : westsideobserver – excerpt

Help, I lost my patient!”…… at a minimum 1,746 San Franciscans have been dumped out-of-county from SFGH and Laguna Honda Hospital and a handful of other private-sector hospitals in San Francisco.”…

That painful cry from a certified nursing assistant frantically searching for a patient she had lost track of when I worked at Laguna Honda Hospital for a decade is still painful to remember, even though it would have been somewhat comical to witness at the time had it not involved patient safety.

But what happens when a Public Health Department loses track of its patients who have been dumped (discharged) out-of-county?

That’s nowhere near “comical.” In my eyes, it borders on criminal neglect, intentional obstruction, or governmental incompetence.

San Francisco’s Department of Public Health claimed way back on September 16, 2020 that its new replacement Electronic Healthcare Records (EHR) database — named Epic — that was rolled out and went live on August 3, 2019 and has cost the City at least $167.4 million, does not track patients discharged out-of-county. Wait! What?

I suspected then DPH’s claim was probably an outright lie, however unintentional. Ironically, it was an epic-sized lie. The Westside Observer first reported on this in June 2021…(more)

SF Police Commission Considers Ordering Chief to Reverse Course on Cutting Ties with DA Chesa Boudin

By Michael Barca : sfstandard – exerpt

Police Commission considers ordering Chief Scott to reverse course on decision to leave agreement with DA Boudin.

District Attorney Chesa Boudin accused Police Chief Bill Scott of bowing to political pressure from the police union last week after the chief severed an agreement that put prosecutors in charge of investigating police shootings and other use-of-force cases.

But now Chief Scott—who faced a possible vote of no confidence from the department’s union—is under criticism from his civilian bosses on the Police Commission, who say they were blindsided by his decision to abandon a key piece of police reform. The commission, which has the power to fire the chief, is now considering ordering him to reverse course.

Scott pulled out of the agreement last Wednesday over allegations that the District Attorney’s Office withheld evidence while investigating a police officer for beating a man with a baton. The chief accused prosecutors of violating the agreement by not sharing information with his department as the two agencies conducted parallel investigations into the incident.

The decision to withdraw from the agreement without first consulting the Police Commission exasperated commission President Malia Cohen. The agreement is a key part of the police reform efforts started in San Francisco following a series of deadly police shootings in 2015…(more)

Fighting Pay-to-Play in Golden Gate Park

By Connie Chan : sfrichmondreview – excerpt

Golden Gate Park has a long history, celebrating its 152nd anniversary this year. It’s the third-most visited city park in the country and was built when Superintendent John McLaren had the vision at a time when San Franciscans were in desperate need of a green oasis.

McLaren preferred trees over statues and fought to protect plants and wildlife habitats against artificial structures, like state fairs and Ferris wheels. He loved Golden Gate Park so much that he literally lived in the Park. His residence was located at the east entrance of the Park, today known as the McLaren Lodge.

For years, I had the privilege of sitting and working in a corner in the attic of McLaren’s former residence as a Recreation and Park Department staff member. I treasured daily moments of walking through the Oakwood Trail when commuting to and from work. Over the years, I have learned that I have almost nothing in common with John McLaren, except that I share his vision for Golden Gate Park: it must remain a green oasis for all San Franciscans.

However, many things have changed since the days of John McLaren as our leader of the City’s green open space. According to a 2021 national report from the Trust for Public Land, San Francisco is #1 in the nation for spending on parks per capita, but not even in the top 10 for equity in those parks. Access for ALL of our residents to parks and open space is crucial, especially as we approach the third year of the COVID-19 pandemic…

We need to ensure our public parks are affordable and accessible to everyone, and Golden Gate Park is no exception. I believe we have the tools to strike the right balance between free and open access and reasonable fees to fund operations without restricting access to an exclusive few. Working together in a transparent and public process to find this balance is how we best uphold John McLaren’s vision of keeping Golden Gate Park a serene refuge for all…(more)

Responses at the source are appreciated. (Download pdf)

Court upholds density bonus law

By Bob Egelko Court Reporter : sfchronicle – excerpt

Court upholds density bonus law that exempts certain housing projects from local restrictions

A state appeals court says developers who agree to include affordable housing in their projects can be exempted from zoning rules, height limits and other local restrictions on neighborhood construction. The ruling, in a case from San Diego, has potential statewide impact as tensions over local control and the state’s housing crisis continue to escalate.

California’s 1979 density bonus law “incentivizes the construction of affordable housing,” the Fourth District Court of Appeal said in a decision it certified Wednesday as a precedent for future cases.

Once the developer commits to making a specified portion of the project affordable to lower-income households, “local government must allow increased building density, grant permits, and waive any conflicting local development standards unless certain limited exceptions apply,” Justice Judith Haller said in the 3-0 ruling.

Those exceptions include threats to public health or safety, harm to a historic resource, or conflicts with state or federal laws. None applied to the proposed 20-story project overlooking Balboa Park in San Diego, so it can be built despite opposition from some community organizations, Haller said.

The court had first issued the ruling Jan. 7 as a decision that applied only to the San Diego project, but agreed to make it a published precedent after hearing from the California Building Industry Association and its Bay Area affiliate, as well as the project contractor…

Continue reading “Court upholds density bonus law”

Bob Planthold, Longtime Transit and Disability Rights Activist, Dies in SF

By Rebecca Rosen : beyondchron – excerpt

Planthold Memorial Invitation

(Editor’s Note: Bob Planthold, a longtime Beyond Chron contributor and transit and disability activist, recently died in San Francisco. Senior Beat’s Rebecca Rosen-Lum wrote a great tribute to Planthold last August that we repost with permission. You can find Bob’s letters and stories in Beyond Chron by entering “Planthold” in our search box. He will truly be missed)…

A friend said that to understand activist Bob Planthold one might be best advised to start by watching “Crip Camp,” the film backed by the Obamas’ Higher Ground Productions that documents the rise of the disability rights movement.

With its theme of “Nothing about us without us” – a protest against policy that affects the disabled but doesn’t seek their input – the journey mirrors Planthold’s own, from a growing awareness of the need for change to building alliances to move it along.

Planthold, 72, advocates for seniors, pedestrians and people with disabilities on transit issues and in assuring access to other resources. He participates in frequent meetings – easier now, with Zoom…

A legislative turning point – The high point of “Crip Camp” – and a turning point in Planthold’s life – was the federal Rehabilitation Act of 1973, a watershed piece of legislation, particularly the fight for section 504, mandating accessible public accommodation…

Organizing for change – Planthold has corralled comrades to push for changes in a number of areas…

Keeping it light – Lobbying can be a tough job but Planthold tries to keep it light…

Presumptions & prejudices – And if Planthold raises a strong voice for others with disabilities, he advocates as ardently for people with other needs – tapping into advocacy groups to craft effective alliances…

Working in the system – In 2008, he received the Mayor’s Disability Council Beacon Award for his service with the Sunshine Ordinance Task Force, the Ethics Commission, (going on 5) Civil Grand Juries, Bay Area Legal Aid, Senior Action Network, Disaster Preparedness, Public Transit and Pedestrian Safety Issues — as well as his many years of providing valuable input and advocacy before the Mayors Disability Council.

But he continues to wrangle with government over such issues as the proposed closure of JFK Drive in Golden Gate Park or the proliferation throughout the city of “parklets,” which swallow up lengths of sidewalk and street…

As Livingston said, “For us, the fight is never over.”…

(more)

We are sad and sorry to loose Bob. He was so incredibly helpful and determined. We appreciate his lifetime of dedication to the needs of others and his big heart. We will miss him as we continue our efforts to protect the vulnerable among.