City and County of San Francisco Thursday, October 03, 2019

thank. >> morning everyone.

The meeting will come to order. Come to the thursday, October 3 meeting of the government audit

and oversight committee. I am supervisor gordon mar.

It I am joined by supervisor

brown, and supervisor peskin.

I would like to think matthew

and korman at sfgovtv for

staffing the meeting. >> please ensure you have silence your cell phones and other electronic devices. Copies of any document you have to be included as part of the file should be submitted to the clerk. Items acted upon today will

appear on the October 22, 2019

board of supervisors agenda. >> thank you, Mr. Clark. Please call items 12 and three

together.

>> agenda items 1-3.

Three ordinances for item one, 190832. Memorandum of

understanding-fire fighters including firefighters union union local 798, units one and

two, to update the union

security serve update provisions and laborers international union

local 261 to open date the overtime compensation and health insurance provisions. >> thank you.

I would like to invite carol to

present on this item.

>> good morning, Chairman Mar, and supervisors.

Before the amendments to existing labor agreements. I will start with a firefighters agreements. the first environment involves

the security provisions. At the time we negotiated this

labor agreement. Not yet fully developed, it is

on administrative processes for union security, and union dues deduction. We have since resolved that issue. We have worked it out with all

of the unions. As promised we are circling back

to the firefighters to update their language on union security. That is what that person is

about. We agreed to that premium in 2018 negotiations, but we had

many errors in citation of the

firehouses and where those

individuals would be house. We have corrected that administrator lee, and now we are asking you to allow us to

update that in the labor

agreement. With respect to the laborers

union, once bargaining had concluded, both parties were

somewhat dissatisfied with two separate portions of the labor agreement.

After discussion we agreed to

modify both of those sections.

The controller has deemed them

both to because neutral. One involves the employee's

contribution to family medical, involves overtime calculations.

Thank you. >> colleagues you have any questions.

Thank you. Are there any members of the public that would like to speak

on this item? Seeing none.

Public comment is closed. colleagues, can we recommend these items to the full board

without objection? Great.

Thank you. Mr. Clerk to please call item

number four. >> agenda item number four is

the hearing on the 2018-2019

civil grand jury report entitled joint

terrorism task force:   balancing

public safety with civil rights. >> thank you.

I would like to welcome harvey of the civil grand jury who will make brief remarks and introduce

the committee chair, janet

andrews. Ms. Harvey is not here. Are there representatives from the civil grand jury to present

on this item?

Okay.

Well, I do want to thank the civil grand jury for all of your

work this year. At our last government audit and oversight committee meeting we had hearings on three other important reports that you

issued.

The report today on the joint

terrorism task force and san

francisco's involvement in it. I think it's also very important. I get so much for your work on that and highlighting that issue.

I did want to note that there

were responses to the civil grand jury recommendation in

this report issued by the mayor

and police department. Consolidate a. There was also a response from the chair of the police

commission. Those have already been a part

of the public record for the

civil grand jury report.

You know, I guess -- actually --

in order to have a fuller public understanding of the important issues around the joint terrorism task force.

I did want to invite a special

expert member of the public to

speak on this, um.

So, um, that is mike who is a fellow at the brennan center for justice.

Um, Mr. Jerman is going to make a five minute presentation. May be able give you a little

bit more um adequate in deduction.

Regularly called upon and share

his expertise with congress on F.B.I. Related subjects.

Um, he is a former F.B.I.

Special agent who, during his 16

year career, specialized in domestic terrorism and covert operations.

On two occasions he used constitutionally sound techniques to infiltrate two different groups of violent white supremacists to prevent

terrorist attacks. He recently published a book

entitled "disrupt, discredit and

divide. How the new F.B.I. Damages democracy ". Congresswoman and chairperson of

the congressional black caucus

says his a critical insight into the initiative taken up by the

F.B.I. In the aftermath of 9/11 is a none.

We appreciate this opportunity to supplement the civil grand

jury's report findings, and

recommendations. To expand and enhance our discussion.

>> thank you very much. i do want to thank the members

of the civil grand jury,

respectively the subject is not capture the scope of what I

request. Detailing how post-9/11 alterations to the F.B.I.'s

guidelines, and changes to electronic surveillance laws meant to that F.B.I.

Intelligence collection programs and investigations now lack the

reasonable criminal predicates

that were designed to help the americans from unwarranted government scrutiny. It would be extremely difficult for san francisco police

officers operating under these current guidelines and having

routine access to the databases

containing information collected without suspicion of wrongdoing to meaningful comply with local

ordinance and general order

8.10.

[Reading notes]

Targeting communities of color, american muslims, immigrants,

environmentalists, activists, and black activists protesting police violence. I can provide that written

testimony for the record in the

brief time I have I can focus on particular concerns with the

grand jury report. First, the grand jury's allegation to nonparticipation

in the jttf versus san francisco, cuts communications

with sf ed.

The F.B.I. And sf ed have

multiple information and nothing

bars cooperation in the most important cases.

Those where there is a reasonable basis to suspect somebody is breaking the law.

More importantly, jttf participation is no cure to communication breakdowns. The boston police department was

a trade participant when the

F.B.I. Received warnings that it was a terrace that. Information in that case was not

properly shared among jttf members before the boston marathon bombing. The orlando police department was a jttf member before twice

investigated, committed mass murder and in the local nightclub. The department of defense

investigators a review of the

2,009 fort hood shooting determined that the data

explosion within the F.B.I.

Hindered proper identification

and sharing a information. Participation in jttf does not

reduce the risk of communicator breakdown. San franciscans are safer when law enforcement resources is not evidence and not bias.

Certainly innocent victims of

abusive jttf activities would

not be safer if san francisco

police officers assisted the

F.B.I. In and intelligence collection practices.

Second, the grand jury of formal complaints against task force officers ignores the near-complete secrecy in which

they operate.

Jttf agents play subjects and

preliminary investigations without reasonable suspicion on terrorist watch list, without

revealing the impact of people. Likewise, being referenced in jttf investigations secretly

influencing whether a person under investigation receives or

loses immigration benefits. Sfpd officers don't themselves carry out these immigration

enforcement actions. It's meaningless if the

information they collect in

unreasonable investigations is involved in such decisions. Finally, I am troubled by the grand jury's finding in the general order, a.10 is ambiguous and confusing. The reasonable suspicion

standard is one police officers

are trained to use and multiple contacts. From kelly stops to criminal intelligence sharing under federal regulations.

The suggestion that sfpd

officers assigned to the jttf find ambiguity as to the meaning

of a criminal investigation because it suggests they have adopted and often repeated

F.B.I. Physician the tactics used in intelligence investigations do not need to comply with legal requirements

of criminal investigations. It would be meaningless

protection if sfpd officers can systematically collect

information about the person and

activities of its city residents in intelligence databases without reasonable suspicion of criminal activity, simply by claiming they were not conducting a criminal

mastication. Counterterrorism policies and practices are most impacted when they respect the constitutional

values in a rule of law, and are subject to stringent oversight and public accountability. As an undercover agent I found this a reasonable standard made my investigations more effective. Focusing my efforts and resources were evidence directed.

Thank you very much.

>> thank you, Mr. Chairman. Colleagues, do you have any

questions?

>> thank you. >> thank you. I understand the civil grand

jury representatives are here.

I did want to invite up harvey who is the foreperson for the

civil grand jury. They will introduce janet andrews, the committee chair and

issue -- I'm sorry the committee

chair for this report.

>> good morning. >> I am am raja harvey, the

foreperson of the 2018-2019

civil grand jury. Thank you chair mar for calling

this hearing, and supervisors brown and omar mateen for being

part of the committee. I also want to acknowledge and thank the members of the civil grand jury who are here today.

Could you please stand?

Thank you. In addition, I would like to

think city leadership, law enforcement, legal professionals and community advocates who provided a variety of

perspectives on san francisco's

involvement with the joint terrorism given the sensitivity and the seriousness of this topic, we appreciate their input.

The jury firmly believes in accountable and problem solving san francisco government trade which brings us to our topic today. Public safety is on the minds of many san franciscans. Because the evidence of this and

the news stories are on property crimes, and concerns around the

quality of life a city that attracts millions of visitors

from across the globe. San franciscans come at the end of the day, want to feel safe

while ensuring our government protects the rights of our communities. It is in the jury's view that we explore a clearer flow of

communication between our federal, and local law enforcement partners to uphold

our san francisco values.

I want to introduce janet andrews house the committee chair for this report who will provide additional remarks. Thank you.

>> thank you.

>> good morning.

Thank you, supervise supervisor

mar, supervisor brown, and supervisor peskin for allowing me to talk today. My name is janet andrews, I was chairperson for the public safety committee.

Do to the hard work of the jury, I feel we wrote an excellent report, and I would like to thank you for allowing me the

time to present our grand jury

report entitled joint terrorism

task force, balancing public

safety and civil rights.

Initially we spent an extraordinary amount of time researching several topics to

report. The jttf seem to come up repeatedly in our interviews, and had a sense of importance

that cannot be ignored. So our committee, with the

approval of the jury decided to concentrate our efforts to find

out why san francisco, a major

metropolitan city is no longer a

participant in the jttf.

The jury was of the opinion that the ordinary san franciscan

residents was unaware of the cities nonparticipation.

To be candid, I prepared an

entire speech outlining the

facts, the findings, the

recommendations of our report. Butts, reiterating the details

of the report that you have read, and you have in front of

you seemed redundant.

I decided at the last minute it would be better to speak from a broader perspective on what I

hope we all agree on regarding

this important subject. The grand jury has a unique

opportunity to interview

important individuals in san francisco government to gain

insight from the perspective

about the topic at hand. When we started our investigation we quickly

identified the key agencies

involved in making the decision

to join, or to not join the joint terrorism task force. Which included the mayor's

office, the chief of police, the

sfpd, the F.B.I., police

commission, and civil liberties

organizations. We were pleasantly surprised

with the level of cooperation we had with all of the after

mentioned agencies in getting a high level representative to speak with us and answer our

questions. Several of our witnesses did not

work for city agency and comply with our interview requests

voluntarily. Although there were differing

perspectives, and opinions on the subject of our investigation investigation, they did have something in common.

They all wanted a safe san francisco.

So the question arises why has

there been no publicly known progress made on this issue

since February 1, 2017? Why can't representatives sit down at the table and work out

the issues if in fact they all

agree on a common goal, a safe

san francisco. Why can't san francisco continue to be a leader that others will look up to for guidance, or how to communicate and work through

the tough issues? Or, are we just afraid of the

political fallout?

As we stated, in our report, the san francisco civil grand jury

is not recommending that the san francisco police department join

or not join the jttf.

What we are asking is that the mayor, the chief of police, the representatives from the F.B.I., the police commission, and the

civil liberties sit down with

each other and start having a meaningful dialogue that will

move this issue forward. We were encouraged by the

positive responses we received

from the mayor's office, the

chief of police, and the we depend on our public servants to do the right things for the

citizens of san francisco.

We deserve a safe san francisco,

and the jury is confident that if the stakeholders start meaningful conversations with each other they will be able to achieve that goal.

Thank you for your time.

>> thank you so much.

Colleagues, do you have any questions? Thank you.

>> thank you. >> we can go to public comment

right now. Oh yeah, I did want to

acknowledge that um present at our hearing, we have a representative from the police

department that is deputy chief

who is sfpd's of field bureau. He is available to respond to

questions that might come up. Why don't we go to public

comment.

There has been some public comment cards submitted. Speakers will have two minutes

to speak. Please state your first and last

name. [Name indescernible]

Fifth.

[Reading notes] If you can please step up.

Actually if your name was called

on the side of the room, and

then step up to speak.

>> thank you. Should I start? Okay. My name is [Name indescernible

, I'm with the asian law caucus,

and nonprofit in seven cisco.

For almost two decades now, the F.B.I. And the jttf have

targeted our communities for engaging in innocent first amendment protected activity such as a simple act of

attending a mosque the abuse against our communities will document and continues to this

day.

The civil grand jury's report on

sfpd's with the jttf is riddled with errors is particularly concerning to our community. I would like to focus on two

specific issues.

The report finds there was no noncompliance when sfpd was part of the jttf.

However, in 2014, an sfpd officer assigned to the jttf

violated local policies when he question a muslim community member about his first amendment protected activities without any

suspicion of wrongdoing. In 2016, the department of police accountability concluded

that this was due to inadequate

training in the department. This whole episode is missing from the grand jury report. The second issue with the report is that many of the report's

findings and recommendations

aimed at revising sfpd order

a.10.

We thank the commission of her recognizing both of these issues

on his response for not agreeing with the related recommendations.

Belle foz seven cisco remains out of the jt tf we continue to

see examples on targeting

community members and interact them, and in many instances refusing to honor their right to legal representation. We urge the city, the police chief and the mayor to ensure that past violations, training

and compliance issues, before

any consideration is given to rejoining the jttf. We also urge that officials do

not make --

>> thank you. -- thank you. Next speaker, please. >> good morning.

My name is -- [Name indescernible] I am an attorney at the aclu of northern california. Thirty years ago the city and county of san francisco on this board led the nation in

protecting the rights of immigrants when they adopted a sanctuary ordinance.

In 2013 the sport adopted the

due process for all ordinance.

Together these policies ensure that city resources including the san francisco police

department resources are used to benefit all san francisco and regardless of immigration

status. The city's policy not to assist in the immigration law and not

to ask individuals about a decision that the san francisco

police department rejoined the F.B.I. Joint terrorism task force undermines the cities and sang policies. The civil grand jury reports

minimizes the city's sanctuary

obligations and incorrectly minimizes the risk to

immigrants.

If sfpd rejoins jttf, sfpd officers will be cross

designated as jttf agents. Sfpd officers will be required

to collect information, during their assessment and investigative activity pursuant to the F.B.I.'s baseline

collection plan sfpd officers

will be required to conduct U.S. Persons status checks. In other words, checks of immigration status and federal

databases of all people who are subject of an assessment.

This information is recorded in the F.B.I. Case files and

federal databases that are accessible to U.S. Customs and immigration enforcement.

This standard jttf activity is

performed for the F.B.I. By sfpd

officers violates the city sfpd's department order 5.15. It does not matter that the immigration status information

is sought from federal databases or from individuals.

It does not matter if the sfpd officer makes use of the

information during the jttf assessment investigation.

Travertine's policy prohibits the inquiry from being made at all.

Thank you. >> thank you. Next speaker, please. >> good morning. I am john crew. A retired attorney from the aclu speaking for myself. I was a police practice specialist for the organization for 20 years and have worked extensively on these issues. I want to thank the supervisors, and their aides for the diligence in holding this hearing and performing this oversight function. It's above and beyond, especially since you don't have a recommendation you're acting upon.

I think bringing light to this issue is very apartment.

I also want to thank police commissioner President Bob hirsch for the detailed way in the careful way he has studied

up on this topic that is reflected in his responses. Anyone who wants to fully

understand the issue should read President Hirsch's responses. Let me quickly say, I appreciate the grand jury looking into this topic.

When I met with them, I warrant that this is a complex topic filled with misinformation. They wanted to promote a discussion. I appreciate that.

the discussion needs to it has

been grossly oversimplified. You have letters, correspondence and quite a bit of material. But, this issue from the standpoint, I'll tell you what

we agree on, we we agree with that.

The F.B.I. Is good. They do some good things, they

also did some bad things, as you heard therefore, being in the

F.B.I. Jttf is a good thing and it is inherently bad that san

francisco, that is not true. San francisco is more safe

having made the decision to leave the jttf, there is greater confidence in the police department because of that.

[Laughter] I also think that the assumption that somehow there is less a

communication, because they are

not in the jttf this a

fundamentally false. Commissioner hirsch says that his fall. The police department gave an award to an officer for

intervening in a situation successfully resolving a violent situation. Why? Because the F.B.I. Picked up the

phone and told sfpd about it. It is alarmist and inaccurate to suggest things are dangerous. This is a complex topic and we cannot pretend his history did

not take place. The idea that san francisco does not know this, there were years

of hearings and history, and

press coverage --

>> thank you. Thank you.

Next speaker, please.

>> hello. I'm the government relations

coronation.

Every year, every month we received cases from community

members of F.B.I. Harassment. The F.B.I. Coming to their

doors, their places of work, you know, knocking on their doors, harassing them and asking them questions. You know, we see this time and time again especially with the

muslim community. To have the sfpd consider

rejoining the jttf is incredibly problematic. We would not want that to happen

because there is already enough mistrust with community members and the police.

To add that added level of

considering that as a police

officer could be also a jttf

officer, following federal guidelines which are definitely

weaker compared to city, county

and state guidelines. Federal officers are allowed to religiously profile.

We do not want that. This goes against san francisco

values.

As the previous speaker said, the jttf can share information with ice and other federal agents which goes against our centroid policies.

We do not want this to happen. We need to, you know, take a

strong look as john crew had mentioned.

This is a very complex issue. We really need to think hard and

long about this. With the implications on the problem that there has already

been so many violations as is in

terms of with the police department and their interactions with the F.B.I.

We need to make sure that we

protect san francisco residents.

We make sure that we have transparency, accountability and make sure that we protect the civil rights. Thank you. >> thank you.

Next speaker, please.

>> good morning, supervisors.

I work for local 87.

I have benjamin netanyahu active member of the san francisco community for the last ten years. I am here on behalf of local 87

where I am an organizer and a foreman for the association and

in the muslim community. As a member of the american muslim community I have seen and

heard the surveillance on racial profiling of my community for

the past two decades.

In 2012 I went to my community

with local 87 as part of the 79 coalition for the state of san

francisco.

We work hard to protect our communities from F.B.I.

Harassments and finally passed the safe san francisco civil rights ordinance.

We are concerned about the way

the F.B.I. Was using the san francisco police department to target muslims and minority

communities.

[Reading notes] Our communities and families

felt safer, our union workers

were more protected. To this day, the F.B.I. Continues to compile our communities because of our

religion and nation of origin.

San francisco leads the nation and we want to continue leading. We help our community members can continue trusting our local

police department.

at the end I ask that sfpd to

not rejoin the jttf. Thank you so much. Thank you.

Next speaker, please. ---- >> thank you.

Next speaker, please.

>> good morning, everyone. Thank you for giving us time to

speak. My name is [Name indescernible

, I am the President Of the

american organization in the bay area.

First I want to think commissioner bob hirsch for his

commitment to all of our community and for paying

attention to all of our civil

rights concerns. This issue is really important to me, my family, and the

community members. Our community is suffering from

the muslim ban and unjust laws.

In san francisco, we have local laws and policies that protect

us from injustice that the federal government carries out against us. We need to make sure that sfpd

officers continue to follow laws so that the muslim community has

protection from the F.B.I. We need to know that san francisco police officers will

stay out of the jttf and value

the communities which they are swearing to protect.

I hope the mayor's office and board of supervisors and police

commission will continue to keep san francisco safe.

Thank you. >> thank you.

Next speaker, please.

>> good morning. My name is [Name indescernible , I am part of the yemeni american organization but i prefer to be san francisco resident. I want to thank commissioner

hirsch for their commitment to our community. I also want to thank the police chief and mayor for the

response. This issue is really important

to me, and to my family, and my community.

We need our officers to continue following a stronger local law

so that the muslim community has

some protection from the F.B.I.

We need to know that san francisco police officers will

not profile the muslim community

like the F.B.I. Does.

San francisco police department

staying out firmed jttf is one

way to protect us. Our local police department

should be accountable to the community, not to the F.B.I. I hope the mayor's office, board of supervisors and the police

commission will continue to keep

san francisco safe from the

F.B.I., and san francisco. Finally, I am so surprised on in

2019 and people still see my

religion and my background, . I am a san francisco resident and I am proud to be. I need everybody to be safe, like me. Thank you so much.

I appreciate it. >> thank you.

Next speaker, please. >> good morning, supervisors. I am an attorney and an

immigrant rights commissioner in

the city and county of san francisco. I am also a san francisco resident of district two. I question the timing of this

effort to have our san francisco police department rejoin the jttf. At a time when President Trump

has torn our enemies of hard against the racist, bigoted muslim ban.

At at a time when our chili -- children are bullied for the sound of the names, the religion and the clothing that they wear. I had a time when our corner

stores on homes are targets of a time when the F.B.I. Illegally surveilled our mosques we have waited eight years and continue to wait for the courts to bring justice. Imagine if this was your church

or your synagogue.

At a time when federal bullies riddled the body, and two years later we did not know why this happened after a fender bender. I question the timing of this effort.

We are still seething, and our wounds are still fresh.

I will say this. Chief scott and the travertine under his leadership have stood in solidarity with our community.

Thank you to them, sincerely. We look forward to being a part

of this discussion before a decision is made. Thank you. >> thank you.

Next speaker, please. >> thank you so much for having us here today. I would also like to thank the police commissioner, the police chief and the mayor for the

responses to the I am a community advocate for the asian law caucus and I live and work in san francisco. I'm a proud muslim and a proud resident of the same state they a add in a city which leads the

nations.

As members of the arab, eastern and south muslim communities in san francisco.

We appreciate the way san francisco has tried to uplift

our voices and protect the civil rights of our community.

From becoming a sanctuary city,

since 1989 to banning take over -- facial recognition technology.

We are known for being a city.

As you all know, since 9/11, the F.B.I. Has systematically

targeted and harass members of the community and carried out

problematic sting operations.

[Reading notes] We know there are countless others I continued to be

targeted and accused of crimes they did not commit only because of the religion and national origin. Under the current administration we have seen explicit language

and policies come that are racist.

It is no secret of the federal government uses law enforcement

to subrogate immigrant families, keep us incarcerated and violate our civil rights.

We urge the city, to engage with civil rights organizations and community memos on this issue and address our concerns before even considering joining the

transit -- jttf pray thank you

so much. >> anyone else I would like to

speak on this matter? >> good morning, supervisors. I want to thank you guys are having this hearing in the manner which you are, and

allowing the stakeholders I am

the President Of sei you local 87. I represent about 5,000 janitors that working on the private

sector cleaning the beautiful skyline. We love our city of savitz cisco.

I represent a very large

immigrant population of every

nationality you can think of. I represent families that are constantly being the targets whether it is taking their kids to school, whether it's on the job, and my responsibility as a

union President Is not just stopping at the contract we negotiate but it goes further than that by being able to help

our members at the school district that they are sending

the kids in, being advocates for them and allowing our members to

be able to learn how to become advocates for themselves and their families.

I want to start by saying I am most chilling conflicted on come on behalf of our members I want

to be able to planted out there. We are not asking you to adopt

the recommendations on jttf. Our city and our local governments should be working to

be able to shield marginalized communities and are finding more

opportunities to communities. It was really refreshing to hear

the gentle May give his report,

to talk about that even in cities that have adopted these

types of programs they were not able to prevent tragedies from

happening. This is only an example. However I want to be able to give you a perspective that the grand jury is very disconnected from the reality and conditions that immigrants live in on a

daily basis. There are a shootings against mexicans, immigrants, women,

muslims throughout the country.

I would hope that this

commission will allow us, you as supervisors, will allow us to continue to protect the families

that we are responsible for.

>> thank you. >> any other members of the public that wish to speak on

this item? Seeing then.

Public comment is closed. I would like to thank all of the community advocates on the community members for sharing your perspective and

highlighting the very important, and continuing need to protect

civil liberties and the rights of the muslim community and immigrant communities here in

the city.

I did want to add that in getting briefed on this issue,

you know, I did learn in 2017, the F.B.I. Shared a white paper

with travertine chief scott which provides F.B.I.

Perspective on the impact of san

francisco's law and policies on

sfpd's prior and potential participation in the joint terrorist task force.

The very topic of this hearing. I understand that the F.B.I.'s

position is that the white paper can only be released through a public foia request and there is pending litigation on this. As a member of this legislative

body, I can formally request a copy of the white paper from the F.B.I. Special agent in charge,

john f bennett, but I have yet

to receive a response. If san francisco is to make decisions on its joint activities with federal

agencies, it is crucial to first access information in the

contents of this document about how the F.B.I. Understands our local laws. I would like to add this letter

to the public record to express the need for transparency on matters of the joint terrorism task force.

With the committee clerk,

adaline in the minutes regarding

my submission of this letter,

and added to the public file. >> of course.

>> thank you.

Since Ms. Miranda was making a

request to the committee, I did

want to ask um deputy city

attorney john gartner to um clarify what the obligation and responsibility of the board

action on this item is. >> deputy city attorney john gartner.

When the -- report includes a list of the findings and

regulations and designates a city departments to respond to each finding a niche recommendation.

Many civil grand jury reports require the board of supervisors to provide responses to findings or recommendations.

This report is not. The board is not obligated to

respond to any of the specific findings or recommendations in this report.

The board could, and a supervisor introduce a

resolution at any meeting

regarding the joint terrorism task force.

We have an ordinance regarding the city's participation, as well. which the board could further

legislate.

>> thank you, Mr. Gartner. Um again I want to thank the

civil grand jury members on the committee members that were focused on this particular

report, for all of your work in investigating these really

important issues um, you know, how we can balance public safety and the need to really protect

our city from terrorist threats. Um with also protecting civil liberties and -- immigrant communities.

Um I think as everybody spoke

today, these are very important um issues today in 2019. They're also very complex and complicated issues.

Um, you know, I think you report um really helped promote some really important discussions

that will continue here, at city

hall, and in our city um. Colleagues, do you have any

comments? Thanks again everyone for being here and sharing your perspectives.

Um, um, I guess, colleagues, he filed his hearing without objection? Thank you.

Thanks everyone. Mr. Clark, please call item

number five. >> a hearing to receive the office of the chief medical

examiner's annual report on accreditation updates as

required by admin code section

2a.30.

>> thank you.

>> supervisor peskin, the floor

is yours.

>> thank you, chair mar as supervisor brown. As I indicated at the meeting

before last, when folks were not

able to testify great as long as I have been kicking around this

building, the issue of medical

examiner has come and gone, and

come again.

I think in 1999, 2,000, the civil grand jury issued a report

report, um, about some of the infirmities and the medical examiner's office.

Um to the city and county of san

francisco has invested I believe $80 million in a new medical

examiner's facility um, there are still issues out there. I highlighted some of them when

we briefly spoke about this. I wanted to um have a constructive hearing about how this very important little-known

function, in government, can be made the best it can be.

I think we have that opportunity as we are in the process of recruiting a new medical examiner.

This function of government falls under the city

administrator.

I thought it would be helpful,

particularly as the city

administrator to make it very public that the board of

supervisors is here to help.

That we understand how important this function in government is,

how it can be improved.

There can be a number of issues that the city administrator can

help on.

Laws are accreditation under the association of medical examiners

which is being corrected. Reacquaint numbers of the board with all of the complex

functions of this $11 million

per year department, or function function.

With that, with your indulgence,

mr. Chairman, ask of the and

give us a brief presentation about the medical examiner's office on what our goals are and

what some of the challenges are. >> good morning, supervisors. Naomi kelley, city administrator. Today I have with me deputy city

administrator and the doctor amy

hart who is the active chief

medical examiner. We provide forensic services to

san francisco. They investigate sudden,

unexpected and violent deaths. They provide critical information to help attract community health. And they perform direct

screening. We are constantly working with

the staff to strive with compassion as they interact with families that one of the most

difficult times in their lives. Required by law to determine the

cause and manner of death for cases under its legal

jurisdictions such as suspected

homicides, or suicides, deaths following an accident or injury, death that May have occurred due to a criminal act. Deaths of unidentified and

incarcerated persons. As supervisor peskin noted, it's an 11 million-dollar budget, it

is a 24/7 operation.

We have currently 36 full-time

employees for that department.

There is the investigative unit,

that investigates investigations

and family notifications. There is a medical division

which are for our forensic

pathologist doctors.

There is a forensic laboratory. And then there is

administration.

a few of the reports that come from our annual reports I thought it would share with you.

You can see this is our caseload

over the last five years.

You can see there are death

investigations, in the dark

blue, and then there are

toxicology cases in the great. You can see where they are compared over the last five

years, since 18-19, the statistics are preliminary and still we need to review to

finalize them for our annual report which will be published later this year.

I should note 18-19 there has

been a spike in death investigations and toxicology

cases do to increasing deaths related to fentanyl and methamphetamine. Increased testing for sexual assault cases, too.

The next report is cause and manner of death.

You can see how many deaths have

been through natural causes, accidents, suicide, homicide,

and summers undetermined.

And some are undetermined. The manner and cause cannot be

definitively identified.

Example in such cases include

times when the remains are too badly decomposed to analyze, or

when evidence in the case is not clearly allow determination between the accident, suicide or

homicide. >> Ms. Kelly, maybe you can go

back to that slide?

There is a market spike in the

currents, not yet finalized year of both natural causes, as well

as accidents, although thankfully a decrease in

suicides.

What do you attribute that to? are death by overdose are those

accidents or natural causes?

>> I am going to let the deputy

city administrator answer that. >> I will start by answering if any of the professionals behind

me disagree, they can jump up.

Deputy city administrator, good

morning, supervisors. The overdoses would fall typically under accidents.

Natural causes would be other. Part of what we want to

emphasize is that these numbers

are preliminary, it is

particularly unusual increase in 418 for natural causes, one of the things we are looking at,

there May be additional cases that we have taken under our

investigation.

We receive over 2,000 cases per year, referred to the medical examiner's office. There is only a set of those cases that we are determined to

fall under our and investigate.

Then they become part of that number typically that number of

cases is 1100-1200 per year. This spike closer to 1400 is a

bit unusual. That is something we are going to be looking in much more

detail and as the city administrator said, when we

release our annual report later this calendar year we will have

detail in their analyzing what we think are the reasons for

that spike. Under the accidents, definitely one of the major contributors

there is an increase in drug

related deaths.

>> that is also a good segue to talk about how we collaborate with departments and other

agencies. The department of public health being one of them. We do do regular information

sharing particularly around drug

related fatalities. Also around wellness checks, as

I had mentioned, undetermined

designation where bodies are so mummified where the wellness checks happening and there has

been a lot of work with the medical examiner and public health to start addressing these

issues. Their quarterly interdepartmental meetings. There is a death review that happens quarterly. The elder death review, the child death review and the domestic violence and death review. Additionally, daily, there is

daily notifications in deaths involving children, elderly,

homeless or individuals on public assistance, fire related deaths and pedestrian vehicle

related deaths.

They do consult of work with the state, national and

international researchers and forensic before I move onto the next slide on accomplishments. I should address the

administrative challenges that

we are dealing with and have for

some time. Even though they are challenges

that I'm about to go through, we are starting to roll up our sleeves and address them not

only at the city administrative offers but on the chief medical

examiner's office. One is communication protocols with our law enforcement agencies.

Making sure they are consistently providing the same information to everyone in a

timely manner. As you know we are actively recruiting a chief medical

examiner, and we are recruiting other positions in the

administrative office division.

The name accreditation, the name as the national association of

medical examiners association, voluntary occur accreditation

but it's when we take pride in. Unfortunately that lapsed during

this last year. I would probably say primarily sell because we were doing a major move from the hall of

justice to one new hall.

And that move, such as moving

people and files all all of our toxicology machines that do a lot of the work and validating

all of the instruments that the medical examiners and the toxicologists use in their

day-to-day job.

Nonetheless, it's not an excuse, and it should not of happened

and we are we need to build trust with the public and

community at large.

That is something that is a challenge and we are working on

that actively right now. I would be remiss to not say there is a lot of great work that happens at the medical examiner's office. I feel a need to talk about some of the accomplishments. We did relocate from the hall of

justice to a new state-of-the-art facility and forensic lab at one newhall.

We did renew a regulatory

requirement, the american board of talks I'll just accreditation for the forensic lab. We implemented a new case management system with a new

laboratory information. with new laboratory information management systems under development.

And, thanks to doctor rowe improved our protocols for

sexual assault investigations.

We have partnered with other agencies to respond to

increasing deaths. For fiscal year 20, our number

one goal which we are actively doing and are actively

interviewing right now is recruiting a new chief medical

examiner. We will renew name accreditation

for the office of the chief

medical examiner. Launch a new management including instrument integra

geisha as services and information available to the

public via the website. Improve communications with law

enforcement agencies, continue

to work on protocols for sexual assault investigations and improve communications and

services with family members. That is my presentation. If you have any questions we are all here to answer.

>> thank you.

Relative to the 36 physicians. You know how many of those are

vacant and how many are filled. Just by way of background. One thing we all agree on is that there has been chronic

understaffing. >> there are currently, aside from the chief physician in the

medical division it is filled,

so we have all of our forensic positions filled. The toxicology toxicology

forensic lab division recently had two vacancies which we are

in the process of filling.

Administrative there, there is a position which is vacant that a

person will start next month.

Technically, right now, we have chief position and to toxicology

positions vacant. >> thank you. One thing the city administrator did not touch on. Sorry for taking you by surprise, relative to backlogs,

how long it takes to produce, I mean, this happens at the worst

time, you know, family or

friends life, how long does it

take to produce the reports as a cause of death.

As our backlog in the area?

There are two different things that are important and what the

office does in terms of reports. There is a death certificate

itself which of the office it

did change protocols under doctor hunter, the prior chief medical examiner.

The death certificate itself, the cause and manner of death is

issued very quickly, typically within the first ten days.

And then the actual final report

which often times May be pending

further toxicology testing, or

May additional investigation. That has taken a longer period of time.

The name standard is to issued the final determination and

report, 90% within 90 days. Our goal continues to reach

that. We have particularly difficult

time doing that in 2018, after

the department move to the new location. All of our forensic laboratory equipment was being recertified. We fell very behind in that part

of it. During the last two quarters of

the last fiscal year we are now regularly the average of completing a toxicology testing

is down to 71 days. That has enabled us to be much

closer to issuing that report

within the 90 day window. We haven't finalized all of that

to give you a concrete exact where we are as a last quarter. That is part of what we're doing

now.

All of which is to say, we are much closer during the past 12

months to being at the 90%. I would anticipate when we look

at the data we would be somewhere in the 80% hike 90%

range within the 90 day period. >> well we've got you up, there was an issue for a while that I

heard about, this is the annual reports were not available on the internet, and now they are? Can you speak to that a little bit? >> yes. The department did have prior

annual reports available online, but we did not have annual reports for the prior two-year

timeframe.

That was rectified I believe in May, or June, of this year. Currently the department has

annual reports up through 17-18

available online with various

statistics of department review.

>> somebody mentioned that some of them were longer when they

were first posted and they became more truncated later, can

you speak to that? >> the department did previously

with the review back in 11-12, the way the department previously did their annual

reports where they were much more extensive, but they also

took approximately 18-24 months

to complete. if you look back in history at

the departments annual report,

technically included data for

11-12. It was much longer.

So we are looking out for version we are doing now is to find more of a sweet spot in

between that has a series of grass and basic data and

information and additional narrative and something that is complete within six months of

the fiscal year. But doesn't take a major thesis to do.

>> what is the diffidence

between -- what is the difference between a corner and a medical examiner? >> I am probably not the best one to answer that question.

A coroner is under a sheriff,

and other jurisdictions in the country. It could be anybody who runs for office and has absolutely no

training.

The medical examiner system is set up to bring a level of professionalism to death

investigations and how death investigation should be properly

handled.

Our office and many other major jurisdictions in california are set up in the medical examiner

system. >> thank you. Supervisor brown? >> thank you. I wanted to talk up a little bit

about the timing of these

reports, because, I know I have

talked to mayor mccallie, administrator. This is really tough for families when they are waiting

for this report.

I went through an experience

with the jessica alba family. They were waiting for the death

certificate to be um released

because they felt it was a homicide and not suicide.

Um and, you know, the entire native american community came out and said this was a

cover-up.

I just filled that, and we have

talked about this that the communications has to be a lot

better with families um because

as we know families are in um there worst times of their lives when they are dealing with this,

the death of a loved one. We need to be able to

communicate with them what is happening, what the process is, why it is taking as long as it

does.

Um because, what I have found, the board of supervisors to get that information.

We are the in between um. So, I really appreciate that you're looking at this, and even

having really skilled, qualified people to help with the families. I think that is so important

because um, you know, it is a

real issue when we are dealing with those families that are

waiting for them. >> supervisor, I could not agree you more. Being able to communicate with

families at the time of a tragic

loss is very key.

This is information we are using to help with our recruitment

efforts and some of the vacant positions we have. With the jessica alba situation,

you know, after talking to you I went back and looked at the

timing, and the report came out

52 days -- after the ten day determination out and then the

final report came 52 days later. Had there been better trust and better communications the family would not feel this way right

now. >> especially with a community that does not have trust of this government. >> exactly. >> when you say pending, does that mean there is a draft report that is available for people to review and then later

on a final that May or May not be the same?

>> yes. What doctor hunter did, instead of waiting for everyone, and I

think this was right for determination to happen once you have the final report which

could be 52 days, 90 days, that is a long time not to know.

He waited call quickly and just

say pending, pending toxicology reports.

>> those were available? >> the toxicology reports were not done yet when we did the

pending. >> right, but the pending determination was available to the families? >> yes.

That is why if we build trust a

better communications we would

be in a much better situation.

>> thank you so much.

Thank you supervisor peskin for

calling for this hearing. >> thank you. >> um are there any members of the public that was to comment

on this item?

Seeing none. Public comment is closed.

Can we file this hearing without objection?

Great. >> Mr. Clerk is there any

further business?

>> there is no further business. >> we are adjourned.