2.

Continuation of CLOSED SESSION from BIC meeting of April 4, 2005 pursuant to Government Code Section 54957(b) and San Francisco Administrative Code Section 67.10(b).
PUBLIC EMPLOYEE APPOINTMENT
Acting Director.
President Hirsch announced that this was a continuation of the Closed Session from two weeks prior and said that before the Closed Session would begin he would like to read into the record two letters that have come to the attention of the Commission as a result of that meeting.   President Hirsch read a letter from the Office of Mayor Gavin Newsom.  The letter read as follows:

Dear Commissioners,

At the meeting of the Building Inspection Commission on Monday, April 4, 2005, members of the public made remarks about the gender and pregnancy of a candidate for the position of Acting Director.   Those remarks deserve nothing but condemnation from each and every member of this administration.

The City and County of San Francisco must provide a nondiscriminatory and harassment-free workplace to all employees and applicants for employment.  Anything less is completely unacceptable.

In response to the abhorrent conduct displayed at that meeting I am joining with the City Attorney’s office to develop specific procedures to be followed in the event members of the public make harassing or discriminatory remarks in a public forum sponsored by the City.   We expect to impellent those procedures within one month’s time.

In the meantime, if a member of the public makes harassing or discriminatory comments at a public meeting, I hereby direct all Commissioners and City staff under my authority to immediately communicate to the assembled meeting that the comments are offensive and against City policy.   A copy of the City’s policy should be kept on hand at all meetings and consulted if necessary.

Furthermore, I authorize all commission presidents to, at their discretion, take steps to end any meeting that is in clear violation of City non-discrimination policies.   No public servant should be expected to endure the reprehensible attacks that Amy Lee was subjected to last week. 

For your information, City policies prohibit discrimination and harassment based on race, color, ancestry, national origin, ethnicity, place of birth, sex, age, religion, creed, disability or medical condition, sexual orientation, marital or domestic partner status, gender identity, parental status, weight or height or any other characteristic protected by state or federal employment discrimination laws or by the San Francisco Charter or local ordinance.

Again, I strongly condemn any suggestion that a person is not qualified for employment based on gender, pregnancy, disability, or any other characteristic not based on merit.   San Francisco is a leader in combating every type of illegal discrimination and I am committed to taking all actions necessary to ensure that no one is a victim of discrimination or harassment.

Sincerely, Gavin Newsom, Mayor

President Hirsch stated that the next letter was from Dennis Herrera, City Attorney who asked that this letter be read into the record.   The following is the letter submitted:

Addressed to Ephraim Hirsch, President, Building Inspection Commission and members, Building Inspection Commission

Re:          Remarks Made by Members of the Public Relating to Gender and Pregnancy of a Candidate for the Director of Department of Building Inspection.

Dear President and Members of the Building Inspection Commission:

On Monday, April 4, 2005, certain members of the public made comments at the Building Inspection Commission meeting regarding the gender and pregnancy of a candidate for the position of Acting Director for the Department of Building Inspection.   On April 12, 2005, we received a copy of a formal complaint from Amy Lee regarding that meeting.  I write in response to the public comments and Ms. Lee’s complaint.  I request that this letter be read into the record at the Commission’s next meeting, on April 18, 2005.

City policies, along with state and federal law, prohibit unlawful discrimination based on gender and pregnancy, disability, among a host of other non-merit factors.

City officials must make employment decisions based on the merit of the individual applicant.   City officials are not permitted to make employment decisions based on any of the following:

Race, color, ancestry, national origin, ethnicity, place of birth, sex, age, religion, creed, disability or medical condition, sexual orientation, marital or domestic partner status, gender identity, parental status, weight or height or any other characteristic protected by state or federal employment discrimination laws or by the San Francisco Charter or local ordinance.   (Police Code Section 3302, Administrative Code 12B, City and County Harassment-Free Workplace Policy.)

City policies, along with state and federal law, also prohibit retaliation against any employee for complaining about unlawful discrimination or harassment. 

I personally found the remarks made by members of the public at the April 4 meeting concerning gender and pregnancy to be offensive and unacceptable.   I pledge to work with all City officials to ensure that San Francisco makes employment decisions based on merit, not prejudice or stereotypes.  To that end, I will do the following:

The City Attorney’s Office is available and will advise the Building Inspection Commission and any other City decision maker on the legally permissible criteria for selecting any officer or employee for City employment.

The City Attorney’s Office is participating in a series of trainings for all City managers and supervisors on preventing workplace harassment.

The City Attorney’s Office will address the procedures for City officials when members of the public made discriminatory or harassing comments at City-sponsored public meetings.

I also urge the Building Inspection Commission to make a public statement reiterating the City’s policy of nondiscrimination and making it clear that gender and pregnancy will play no role in its selection of a Director.

We will respond separately to the items in Ms. Lee’s complaint letter that involve this Office and her request for independent legal counsel.

Very truly yours, Dennis J. Herrera

President Hirsch said that he could only second those letters and sincerely apologize for whatever omission the Chair had two weeks ago as perhaps he was a little recalcitrant in gaveling down and requesting that those remarks not be made.   President Hirsch stated that in the future they will be stopped and pledged that any consideration of any candidate for any office by this Commission would follow the guidelines which he had just read.  President Hirsch said that he wanted to assure everyone that when the Commission went into Closed Session that the discussions would be based solely on merit and not on any of these irrelevant factors that were raised two weeks ago.  President Hirsch asked for any comments from the Commissioners.

Commissioner Ting said that he wanted to second President Hirsch’s comments and reiterate that the Commission would absolutely not be taking any gender disability or pregnancy into account when making any sort of personnel decisions.   Commissioner Ting stated that he felt that the full Commission supported that.  Commissioner Ting said that he wanted to take a second to answer personal accusations that had been levied against him and said that he at no time at all had any conversation with Supervisor Peskin regarding this position or this matter.  Commissioner Ting said that whatever conversation he had with Commissioner Guinnane might have been misunderstood by Commission Guinnane as to his intentions or his position.  Commissioner Ting said that he was disappointed because this had now become part of the public record or become part of the attack on him personally.  Commissioner Ting stated that as someone who is a former Real Estate Professional he currently has no financial interest in what happens to DBI other than that of a taxpayer and a homeowner and said that his only interest in DBI is to make sure it delivers the best service possible to all San Franciscans.  Commissioner Ting said that prior to last week’s vote his agency, the Asian Law Caucus, had been harassed and received pressure.  Commissioner Ting said that was unfortunate because this is a nonprofit community organization, which provides low-income legal services and said that he would hate, during this very tough political time, to see his agency get further pressure.  Commissioner Ting said that he was concerned that the low-income individuals that the Asian Law Caucus serves would be hurt because of that.

Commissioner Guinnane said that he wanted to respond to Mr. Ting’s response in reference to Commission Guinnane not understanding exactly what he said.   Commissioner Guinnane said that he spoke with Commission Ting and Commissioner Ting told him that he had been in contact with Aaron Peskin’s Office and the Mayor’s Office and that he had promised his vote.  Commissioner Guinnane stated that it was his word against Commissioner Ting’s word at that particular time, however, in looking at Amy Lee’s letter where she states that seven City officials guaranteed her or assured her that she would be the Acting Director, Commissioner Guinnane said that this statement clearly supported his position.  Commissioner Guinnane said that he had put forth a declaration and said that he thought the President should give it to the City Attorney for review and that Commissioner Ting should recuse himself from voting today. 

Commissioner Lee said that after the last meeting the more he thought about it the more embarrassed he was about the whole situation; embarrassed for the persons who spoke, for the building industry, for the Commission and for San Francisco.   Commissioner Lee apologized to Amy Lee and said that he was sorry that she was subjected to those harassing remarks.  Commissioner Lee stated that he did not know what the Commission was supposed to do, but said that he would promise that he would look into what could be done to stop such things in the future as there is no place for such conduct in San Francisco.  Commissioner Lee said that he appreciated Ms. Lee’s determination and gumption for standing up to refute those harassing remarks as that showed leadership that the rest of the Department could follow.  Commissioner Lee said that if there is any harassment in the workplace, whether inside the Department or outside he would hope that those employees could speak to their Supervisors and if not would come before the Commission.  Commissioner Lee said that he was not going to consider any remarks about women and pregnancy when he supports the best person to lead DBI as the Acting Director.

President Hirsch said that he wanted to make it clear that the postponement two weeks ago was not a rejection and also wanted to clarify that in no way did the Commission at that time take into account gender or medical leave.

Commissioner Guinnane asked President Hirsch to take a five minute break to let the City Attorney review his declaration so she could make a decision regarding whether Commissioner Ting should recuse himself before the Commission would move forward.   President Hirsch allowed a brief recess.

The meeting reconvened.   Deputy City Attorney Judy Boyajian stated that she had read the declaration of Commissioner Guinnane in which he indicated that Commission Ting told him that Commissioner Ting had been in contact and had discussion with officials of the City and County and had decided to vote for Ms. Lee.  Ms. Boyajian said that she did not see anything in the declaration that would require Commissioner Ting to recuse himself because he could make up his mind in advance if he chose.  Commissioner Guinnane asked how Commissioner Ting could make up his mind if he had not even heard public comment.  President Hirsch said that the ruling was made and asked for public comment.  President Hirsch stated that since this was a continuation of the session of two weeks ago he would request that those who did not speak at that time be first to speak today.

Commissioner Guinnane asked through the Chair if there was going to be any public comment on the letters that were written into the record.   President Hirsch said that the Commission was hearing public comment on the Closed Session as the letters that were read into the record were germane to the Closed Session.

Ms. Emily Urate introduced herself as Executive Director on the San Francisco Department on the Status of Women and referred to a letter written to the Commission by that organization.   Ms. Urate spoke on behalf of Ms. Lee and discrimination against women.  Ms. Urate stated that she was joined by all of the Commissioners on the Commission on the Status of Women, Margaret Brodkin, Director of the Department of Children, Youth and Family; Susan Misner, Director of the Mayor’s Office of Disability; Monique Moyer, Executive Director of the Port of San Francisco; Claire Murphy, Executive Director of the Employees Retirement System, Jean Marie O’Connell, Executive Administator of San Francisco General Hospital and Karen Roy, Director of the Department of Child Support Services.  Ms. Urate spoke in detail about Ms. Lee’s qualifications and said that she could not think of anyone that was more qualified for the position.

Ms. Marylyn Fowler introduced herself as the Coordinator for the California Women’s Agenda and said that she was present on behalf of that organization to support Amy Lee and to support Emily Urate’s statement of support from the Commission on the Status of Women.   Ms. Flowler stated that her organization had received threatening e-mails from supporters of Jim Hutchinson. Ms. Flowler stated that if the Commission was not going to make an appointment today she hoped another meeting would be scheduled so that the women of San Francisco could be fully engaged in this issue.

Ms. Joanne Desmond stated that she was a partner with her husband in a family owned Real Estate and Construction business.   Ms. Desmond spoke in favor of Mr. Hutchinson and said that to dismiss someone who had the qualifications to lead this Department was the worst form of discrimination.

A female citizen of San Francisco introduced herself as a person who has been working with people of San Francisco for the last 20 years.   This person urged the Commission to support Amy Lee.

Mr. Regan Caroll spoke on behalf of Mr. Hutchinson and spoke about the qualifications and experience needed for the enforcement of the Building Code and other construction Codes.   Mr. Caroll asked the Commission to consider the qualifications and to act accordingly.

Ms. Sue Hestor spoke on behalf of Ms. Lee and spoke about the Commission’s duties to appoint an Acting Director.   Ms. Hestor stated that the Commission has to have hearings where people do not feel uncomfortable and said that this appointment was only transitional.  Ms. Hestor asked the Commission to appoint Ms. Lee as Acting Director and then proceed to hire a permanent one.

Ms. Espinola Jackson introduced herself as a resident of Bayview Hunters Point since 1948 and spoke about Mr. Hutchinson not being afraid to come to her district and praised him for his work with the AIMCO settlement.   Ms. Jackson said that it was wrong for the Mayor to dictate who should be the Director of Building Inspection and said that this should be about qualifications.  Ms. Jackson urged the Commission to vote for Mr. Hutchinson.

Ms. Nessa Brady said that she was present in many capacities; she was present as a developer, a RBA member and as a woman and a mother.   Ms. Brady stated that this was not about gender, but about hiring the right person for the job.  Ms. Brady said that she wanted to lend her support to Mr. Hutchinson as Acting Director.  Ms. Brady said that she also wanted to state for the record that as a member of the RBA and as a female developer she had never been discriminated against by the RBA, but was always supported by the organization.

Mr. Lennie Herman said that he was a long time resident of the City and a former City employee. Mr. Herman said that he was present to speak in favor of leaving the status quo and not changing

the Acting Director until a national search for a competent replacement was done.   Mr. Herman stated that he thought that Mr. Hutchinson has the skills to do the job.

Ms. Elaine Brotherton said that she was outraged that she received an e-mail over the weekend that was forwarded to her from the Director’s Office of a City Department urging her to show up today to complain because the BIC denied someone a job who is pregnant.   Ms. Brotherton stated that she discovered that the e-mail originated from the Mayor’s Office.  Ms. Brotherton said that she was appalled that the Commission would consider replacing Jim Hutchinson at all and urged the Commissioners to take their oaths of office seriously and examine the qualifications of the candidates as she felt that Ms. Lee was not qualified.  Ms. Brotherton said that she was tired of this dramatized victimization.

Commissioner Hanrahan asked that the public not make any denigrating comments.

Mr. Leo McFadden, President of the San Francisco Building Inspectors Association said that at the April 6 membership meeting of the SFBIA a motion was made without opposition to support Jim Hutchinson to continue on as Building Director.   Mr. McFadden stated that Jim has always been the person to go to in order to get a problem solved and said that the Building Inspectors were concerned about not having technical persons in the Director’s positions.  Mr. McFadden stated that the Commission is charged with the responsibility of running an efficient Department and the way to do that is to leave Jim Hutchinson as the Director. 

President Hirsch asked that the audience refrain from applauding speakers.

Mr. Randy Shaw of the Tenderloin Housing Clinic said that gender was never an issue in this job description and Jim Hutchinson’s qualifications were not an issue.   Mr. Shaw stated that if there were four votes on the BIC to keep Jim Hutchinson he would certainly urge the Commission to do so, but unfortunately said that the audience had been mislead into believing that the position is between Amy Lee and Jim Hutchinson.  Mr. Shaw said that the issue is between Amy Lee and other employees of DBI and said that since that is the case Ms. Lee is the most competent.  Mr. Shaw stated that Jim Hutchinson and Amy Lee have been a team and this issue is a broader political one, which is very sad because it is disparaging Amy Lee and has put Jim Hutchinson in the middle. 

Mr. Simon Casey introduced himself as a Consultant Project Manager in San Francisco.   Mr. Casey asked that the Commission put in perspective the small amount of speakers at the last meeting who made any disparaging comments and said that 96% of the speakers raised the issue of technical experience.  Mr. Casey asked that the Commission to look purely at technical ability in making their decision.

Ms. Katy O’Brien said that she was present to speak about fairness, professionalism and public safety since the City Charter mandates that DBI be administered by a qualified professional who has specific technical training and a construction background.   Ms. O’Brien stated that Jim Hutchinson is experienced and knowledgeable in every aspect of this Department and replacing him with someone who does not meet the requirements of the job description and is therefore not qualified is not fair to Mr. Hutchinson, not fair to the public and not fair to the other DBI employees.  Ms. O’Brien said that she found it absolutely abominable to hear the City Attorney say that it was okay for a Commissioner to make up their mind beforehand.

Mr. Joe Imbeloni asked the Commissioners to assume that they were the Board of Directors of a major corporation who had a President that was well liked, doing a good job and making a lot of money.   Mr. Imbeloni said that the Commission would not be having this kind of meeting to fire such a person and said that today was strictly for politics.

Mr. Cesar Oscaroons said that he was speaking for the entire Latin Community and said that Jim Hutchinson had been a great help and a great friend to that Community.

Ms. Linda Jo Fucu, Executive Director of the Japantown Task Force said that she was not present to speak about the qualifications of either Jim Hutchinson or Amy Lee but to say that she found the process at the last BIC meeting to be offensive.   Ms. Fucu said that it was offensive to her and to womanhood to put into question Ms. Lee’s qualifications after she had served as Assistant Director of DBI for the past several years.

Ms. Elizabeth Naughton Moore said she was present to speak as a building industry professional, a woman and a mother and said that regarding the issue of gender and pregnancy she wanted to state for the record that she had full faith in the Commission and all City officials to gender equality.   Ms. Moore stated that simply speaking Mr. Hutchinson has the knowledge and experience for the Director’s position and Amy Lee does not and asked that the Commission make its decision accordingly.

Ms. Dierdre Cassidy asked the Commission why other DBI employees with years of experience were excluded from this process when the Mayor’s single replacement does not meet the state or local qualifications for the job.   Ms. Cassidy asked if Mr. Hutchison was being replaced because of age or medical condition or was it because of politics. 

Ms. Ann Keighran said that she was present to speak about safety and fairness.   Ms. Keighran stated that Ms. Lee has been a dedicated employee for the last five years and said that she appreciated what Ms. Lee had accomplished, but said that Ms. Lee did not meet the strict qualifications for this position.  Ms. Keighran said that she wanted to note that the City Attorney made a statement regarding it being okay for a Commission to have a decision made up prior to a meeting and said that personally she thought this was wrong.  Ms. Keighran said that as a Commissioner or an elected official everyone should have an open mind when coming to a public meeting and asked that the Commissioners keep that in mind today.

Deputy City Attorney Judy Boyajian asked to clarify something.   Ms. Boyajian said that she did not say that it was okay for a Commissioner to make up his or her mind prior to listening to public comment, but did say that making up ones mind in advance is not grounds to require them to be legally recused from voting.  Commissioner Guinnane said that if it not okay then it is the same thing.  President Hirsch said that he would not allow another debate and said that Ms. Boyajian just wanted to make a statement to restate clearly what she had said before.  President Hirsch said that if there was going to be such a debate the Commission would adjourn.

Ms. Sue Ann McNeil Biadi, President of the San Francisco Women Political Committee said that the organization had been following this issue very closely and said that there has been a great deal of conversation about this being turned into a gender issue.   Ms. Biadi stated that this was detracting from the qualifications of the candidates for the position.  Ms. Biadi said that the kinds of comments that were made are not tolerable in the City’s process and said that it needed to be said that it is not okay to say rude, mean, and really discriminating comments against anybody in any kind of hiring practice.

Ms. Grace Shanahan stated that she worked for the Residential Builders Association and said that she had reviewed the tape from the previous BIC meeting.   Ms. Shanahan said that she was outraged at the portrayal in the newspapers and in particular the Chronicle of a man relating to how his own wife’s pregnancy has affected her emotionally and physically being used by this Administration through the cooperation of the Chronicle to turn this issue into one of gender.  Ms. Shanahan said that the intent is to distract from the obvious fact that the Mayor’s candidate is not qualified for the job as Director of DBI.  Ms. Shanahan said that the Mayor deceives the taxpayers of this City and said that Jim Hutchinson has the extended experience and qualifications for this position.  Ms. Shanahan stated that on a personal level she has worked with Joe O’Donoghue and the hardworking members of the Residential Builders for six years and has never come across a more hardworking, conscientious, respectful group of people.  Ms. Shanahan said that she has called upon the members of the RBA to work on many community projects including Balboa High School, St. Philip’s Church and the Espinoza home just to name a few.  Ms. Shanahan said that the Mayor is using this issue for political revenge.

Ms. Sherri Matza said that she thought that gender was being used as a smoke screen for the obvious lack of critical qualifications and said that she was ashamed when women promoted injustice by actively supporting the wrongful termination of a fully competent and exemplary employee, Jim Hutchinson.   Ms. Matza stated that she thought this action was harmful to all women.  Ms. Matza said that the Administration of this City is acting in a deceitful manner and asked why the Administration was seeking to replace an Acting Director with another Acting Director.  Ms. Matza said that to cry discrimination is shameful and embarrassing and asked the Commission to think carefully before firing the best the City has to replace him with an unqualified political candidate.

Commissioner Hanrahan said that she thought that calling someone’s accusations of sexual and gender discrimination was out of order.

Ms. Matza said that with all due respect she was going to reply to that statement.   President Hirsch ruled Ms. Matza out of order.  President Hirsch asked Commissioner Hanrahan if she was finished with her statement.  Commissioner Hanrahan stated that it was more than a few words that were made at the meeting two weeks ago and those few words represent an incredible level of repression that women face; it was merely the tip of the iceberg.  Commissioner Hanrahan said that those words affect all women’s dreams and aspirations and said that she did not believe that many in the audience took that seriously. 

Commissioner Guinnane said that in looking at public comment at the last meeting there was less than one minute out of two and a half hours that attributed to those comments.

President Hirsch asked that the meeting continue.

Mr. Ian Birchell said that he had been practicing architecture for 33 years, 7 years in San Francisco and built buildings in nine countries and a total of 27 cities, but had never worked with a building department that was not headed up by a licensed professional.   Mr. Birchell spoke about an instance where Mr. Hutchinson was able to solve a problem for him that no one else in DBI was qualified to do.  Mr. Birchell said that the City needed somebody in the job who was not going to defer, demur or delegate to somebody who has got the qualifications to do the job.

Mr. Andrew Smith identified himself as a builder in the City and spoke about the qualifications for the Director.   Mr. Smith said that the public was requesting that the BIC choose the best-qualified candidate for the job and said that the public deserved a due process that would lead to the appointment of a full time Director.  Mr. Smith stated that, on this the anniversary of the 1906 earthquake, he would ask the Commission to provide the public with a qualified person to head this public safety agency for the safety of all citizens.

Mr. Steve Cooney stated that he was present to speak on behalf of Jim Hutchinson.   Mr. Cooney stated that Mr. Hutchinson had received praise from a broad spectrum of the construction industry and spoke about what an excellent Department DBI is, stating that all promotions at DBI are based on examination and merit and all are made from the ranks of encouraging productivity and initiative.  Mr. Cooney asked that Commission to retain Mr. Hutchinson in his position.

Mr. Sam Dodge said that he works at the Central City SRO collaboratives who work with thousands of residential hotel tenants.   Mr. Dodge said that the work that DBI does is essential to the residential hotels and said that DBI has done great work over the past five years.  Mr. Dodge said that he was speaking in support of Amy Lee because he thought that she has been a part of all that has been good at the Department.  Mr. Dodge stated that Mr. Hutchison was not being fired, but was going to still be a Deputy Director, a role in which everyone knew him.  Mr. Dodge urged the Commission to make Amy Lee the permanent Director. 

Mr. Roger Ryan said that he was present to speak to the outrage of the coup attempt on the agenda to replace a man with 20 years of relevant experience with the Mayor’s choice with no technical experience.   Mr. Ryan stated that this was the latest plan in the Newsom principle that subject matter expertise is not necessary to run a department if you have management skills.  Mr. Ryan referred to the Mayor’s comment of only needing a smile.  Mr. Ryan spoke about problems at Laguna Honda and said that the Mayor’s replacements are lacking knowledge and experience.  Mr. Ryan said that the taxpayers are saying that this is irresponsible, short sighted and stupid and said that it speaks to the Mayor’s immaturity and poor judgment.  Mr. Ryan asked the Commission to stop the Mayor in his tracks with the Department of Building Inspection by keeping the current Acting Director doing the job that is best for the public.

Mr. Rafael Torres-Gil introduced himself as a Building Inspector for 28 years and a member of DBI for 23 years.   Mr. Torres-Gil said that his presence at the meeting, his position as a Senior Building Inspector or his career with DBI has not been anointed by the RBA or any other group.  Mr. Torres-Gil urged the Commission to select a professional who can put this Department above the political mire that it is currently in.  Mr. Torres-Gil said that he support the earlier comments on April 4 by Ms. Debra Walker, the reports of the Grand Jury, and Mr. Rudy Nothenberg and the letter by Mr. William Bowen.  Mr. Torres-Gil said that he did not support the Building Inspection Association’s letter and said that he was sure that other members did not support it either. 

Mr. Fergus O’Sullivan introduced himself as a proud member of the RBA and said that after reading the propaganda in the papers said that he could not sit back and see his colleagues get attacked for being sexist.   Mr. O’Sullivan said that he comes from a country where the last two Presidents have been women and stated that in the last election for Mayor the RBA supported Angela Alioto for that office.  Mr. O’Sullivan said that this issue was not about women’s dreams, but about a man who has given his life to DBI and said that Jim Hutchinson was a capable man who should be left serve the Department until it is time for him to go out with dignity.  Mr. O’Sullivan stated that this issue is not about Jim Hutchinson or Amy Lee, but is about the Mayor getting back at Joe O’Donoghue and said that President Hirsch was doing the Mayor’s dirty deeds.  Mr. O’Sullivan said that the public would see the actions of this Commission on TV and asked that the Commission allow Jim Hutchinson to lead the Department and not to disrupt the Department.

   Ms. Carla Johnson introduced herself as a Senior Building Inspector working for DBI for over 12 years and in the construction industry for over 25 years.  Ms. Johnson said that under the Commission the Department has made great progress especially for tenants and in reducing permit and inspection turn around times.  Ms. Johnson stated that the Department has also become deeply politicized and said that the recent meetings had divided and polarized the Department.  Ms. Johnson said that she was deeply offended by the remarks made about Amy Lee and said that the criteria for the Commission’s selection should be strong leadership, administrative skills and the ability to interact effectively with this Commission, the Board of Supervisors, the Mayor’s Office and other City Departments. Ms. Johnson said that all of the 280 employees at DBI have far more influence on the safety of the citizens of San Francisco on a day-to-day basis than the Director.  Ms. Johnson urged the Commission to make the right choice and to set politics aside.

Ms. Monique Moyer said that she took time off work to attend the meeting and said that the Commissioner’s remarks made at the start of the meeting were two weeks too late as this has made a farce of this great City.   Ms. Moyer said that she was personally offended by it and said that it costs $25,000 just to convene these meetings and the Commission failed to act two weeks ago so the cost was doubled.  Ms. Moyer stated that she was infuriated at the disrespect shown to both Mr. Hutchinson and Ms. Lee, as the Commission owed both of them, their families, their colleagues and all of DBI employees a decision two weeks ago.  Ms. Moyer asked the Commission to stop wasting the taxpayers’ time and money by doing their fiduciary responsibility and making a decision.

Mr. Bill Bowen, President of the San Francisco Chapter of the California Grand Jurors Association said that he was present to follow up on a report that was done of the Department of Building Inspection in 2003.   Mr. Bowen quoted from the report saying that the perception that undue influence from outsiders affects DBI operations and that politically favored groups receive undue treatment from DBI Managers are in fact true.  Mr. Bowen said that the Grand Jury found that DBI Directors are not committed to eradicating undue influence in the Department and said that this was determined through a number of interviews conducted in privacy with members of the Department.  Mr. Bowen said that his organization was asking the BIC in the matter of selecting a Director, and in other matters before the Department, that the Commissioners take this position seriously and that the leader of the Department and the other activities in the Department be done for the general equal treatment of all the citizens of San Francisco.

Commissioner Guinnane said that in talking about the Grand Jury report there were no application numbers to identify with the selective approval.   Mr. Bowen said that the nature of the Civil Grand Jury requires that testimony be confidential and that it not be divulged so the Commission could either dismiss it or could take it seriously enough to do its own investigation.  Mr. Bowen said that the Commission could talk to the people who did the investigation to get some direction.  Commissioner Guinnane said that the person’s identity would be a separate thing.  Acting Director Hutchinson said that he would concur with Commissioner Guinnane because the Grand Jury could identify a permit number or a job site address so that the Department could investigate these allegations.  Mr. Hutchinson stated that the Department wrote to the Judge in this matter asking for information; the Commission spoke to the Grand Jury once again asking for information so that it could be followed up and the Department and the Commission were told that the information exists, but there is no evidence for the BIC or the Department to follow up on. Mr. Hutchinson said that this was very disheartening and said while he respected Mr. Bowen’s right to be present today he disagreed wholeheartedly with what Mr. Bowen was saying.

Mr. Thomas Egan of the RBA said that he did not know why this hearing was even taking place because DBI is one of the few City Departments that is actually working with an Acting Director that is doing a good job.   Mr. Egan said that 98% of the speakers are commending Mr. Hutchinson and said that the Commission should leave politics and all of the other stuff out of this and leave the man that is qualified and proven in the job.

Mr. David Casey said that he was a contractor and said that the person for this position should be hired on not who they know, but what they know.   Mr. Casey said that people did not want to think that their coming to the meeting was a waste of time because Commissioners had already made up their minds before hearing public testimony, but that was happening again today.  Mr. Casey asked that the Commission think seriously about who is qualified for the job and said that he was supporting Jim Hutchinson.

Commissioner Ting said that he thought that the accusations that were being thrown around by Commissioner Guinnane and others were completely unfounded and said that he completely disagreed with them.   Commissioner Ting stated that he did not know why people continued to want to discuss this.  Commissioner Guinnane said that Commissioner Ting could continue to disagree, but said that Commissioner Ting told him what he told him two meetings back and said that he was only restating what Commissioner Ting said to him.  Commissioner Ting said that he did not.  President Hirsch said that this was public testimony and the Commission was not going to continue along this line.

Mr. Robert Mellet said that the right person for the position was someone with integrity, experience, leadership qualities and most important the respect of the employee, colleagues and the community.   Mr. Mellet said that Jim Hutchinson was the right person for Director and asked the Commission to make the right decision for the public interest and not the political interest.

Mr. Peter McGuire said that he was present to speak for Jim Hutchinson.   Mr. McGuire said that if Ms. Lee is not qualified to be the Director she should not be able to serve as the Acting Director because in the absence of a permanent Director an Acting Director has all of the responsibilities of the permanent Director.  Mr. McGuire stated that this was not a game and the public safety was at risk.  Mr. McGuire said that the Commission should not just do what the Mayor wants and should not compromise public safety.

Mr. Ritchie Harte of the Residential Builders Association referred to the fact that April 18 was the anniversary of the 1906 earthquake and said that the fires that occurred after the earthquake were disastrous because there were no qualified people at the helm to take charge.   Mr. Harte also referred to September 11, 2001 and said that Mayor Guiliani and his Department heads performed admirably because they were qualified to handle the disaster.  Mr. Harte stated that Jim Hutchinson is the most qualified person to be the Director of DBI and asked the Commissioners to remember that when they went into Closed Session because sooner or later there will be a disaster in San Francisco.

Mr. Leo Cassidy said that he was present to speak on behalf of Jim Hutchinson and his family.   Mr. Cassidy said that he meant no disrespect to Amy Lee and her family, as he knew them well.  Mr. Cassidy said that Jim Hutchinson’s experience speaks for itself.  Mr. Cassidy stated that there have been investigations in the Department over several years, even by the FBI, but it was like the weapons of mass destruction, nothing was found.  Mr. Cassidy said that the Planning Department should be investigated because that is where the real problems are.  Mr. Cassidy urged the Commissioners to appoint Jim Hutchinson.

Ms. Melissa Eiserman said that she was new to the industry and stated that this had been a very interesting experience.   Ms. Eiserman said that the only thing she questioned was whether the Commission was acting for the public because she could not understand how a Commission could make a decision prior to hearing public comment.  Ms. Eiserman said that she looked forward to guidance from this Commission in the future.

A gentleman who did not identify himself stated that he worked for the City and County of San Francisco’s Park Department for 25 years.   This person stated that he learned firsthand how important it was to have someone in charge of the department who had worked in the field and said that for this reason he was asking the Commission to keep Jim Hutchinson as head of DBI.

Ms. Eva Ham spoke about her positive association with the Residential Builders and said that she wanted to thank them for taking her in and helping her even though at the time she joined she was not even a contractor.

John O’Connor said that he was present to support Jim Hutchinson.   Mr. O’Connor said that he had known Jim for many years and said that Jim was the most qualified person for the job.

Mr. Sean Keighran said that he personally felt that the Commission had made a spectacle of this decision.   Mr. Keighran said that the Commission had taken two of the best DBI employees and driven a wedge between them.  Mr. Keighran stated that the Commission was considering demoting or firing Mr. Hutchinson without a substantiated reason or explanation.  Mr. Keighran said that two hours of public testimony suggested that Jim Hutchinson was doing an excellent job and said that according to the Charter Ms. Lee simply did not meet the qualifications outlined in the Charter and the job description.  Mr. Keighran said that he did not want to discredit the great job that Ms. Lee has done for DBI and said that she deserves recognition for her efforts.  Mr. Keighran said that the Commission owned both Ms. Lee and Mr. Hutchinson an apology and said that the Commission should act within the Charter and set an example for the rest of the City. 

Mr. Ken Cleaveland said that he represented the Building Owner’s and Management Association (BOMA) and said that last year BOMA members pulled over $200 million in permits for office tenant improvements.   Mr. Cleaveland stated that the competency shown by Mr. Hutchinson has been excellent and said that BOMA also worked with Ms. Lee and found her very capable.  Mr. Cleaveland said that BOMA would like to offer a compromise candidate in Laurence Kornfield the Director of Technical Services for the Department.  Mr. Cleaveland said that Mr. Kornfield had the technical ability and said that BOMA would like to put forth Mr. Kornfield’s name to hopefully move on and keep the permit process flowing.

Ms. Debra Walker introduced herself as a former Building Inspection Commissioner and said that she wanted to agree with Commissioner Hanrahan that any attempt to minimize discrimination is equally if not more horrible than the actual discrimination itself.   Ms. Walker said that this underlines the inherent intimidation tactics that have been used at this Commission and in this Department for the last decade and said that it was time to move forward.  Ms. Walker stated that Ms. Lee has been effectively running this Department through this period of trying to get out of the dysfunction that has happened over the decades. 

Mr. Henry Karnilowitz said that he thought that Amy Lee would make an excellent Director, as would Jim Hutchinson.   Mr. Karnilowitz said that his concern was that the Commission stick to the Charter and look at the job description and whatever person is chosen should have the qualifications.  Mr. Karnilowitz asked that the Commission set politics aside and hire someone who meets the qualifications.

Mr. Jim Keith thanked the Commission for properly agendizing this item and having a second meeting in order to let more of the public speak on this issue.   Mr. Keith said that even though there were some unfortunate comments made at the last meeting the vast majority of testimony was about the outstanding job Jim Hutchinson has done for this Department.  Mr. Keith stated that Mr. Hutchinson has the institutional knowledge to make very technical, difficult decisions and was the most experienced and qualified person for the job.  Mr. Keith said that Amy Lee is a very talented person with impeccable credentials and should be the Director of some City Department, but not DBI.  Mr. Keith said that DBI should be lead by Jim Hutchinson as there is no better person for the job.

Mr. Francisco DeCosta said that the Commission should be fair, fair to the best qualified person and stated that as an advocate he did not know Mr. Hutchinson or Ms. Lee.   Mr. DeCosta said that he did know that Jim Hutchinson saved the lives of thousands of people because of the AIMCO case.  Mr. DeCosta said that each of the Commissioners should make a decision and should adjudicate the issues for the best interest of San Francisco.

Mr. Dennis Carlin said that he was a Building Inspector for DBI working in District 11 the Bayview Hunters Point area.   Mr. Carlin said that he was present two weeks previous to throw his support to Jim Hutchinson because he thought it was the right thing to do.  Mr. Carlin said that Jim Hutchinson is the epitome of a civil servant and said that he thought this issue was about Jim’s record and what he has done over the past 20 years.  Mr. Carlin stated that DBI is an efficient Department that makes money and said that Jim Hutchinson has been a big part of that and the taxpayers of the City of San Francisco need a person like him. 

Commissioner Guinnane asked that the Commission take a five or ten minute break for the Court Reporter.   President Hirsch announced that the Commission would be taking a five-minute break.

The meeting reconvened after a thirteen-minute break.

Mr. Matthew Brennan said that he had two issues that he wanted to address before the Commission decided the position of Acting Director for DBI.   Mr. Brennan stated that City Attorney Herrera had taken an active interest in this process and said he wanted an official determination from the City Attorney’s Office regarding the qualifications for Acting Director.  Mr. Brennan stated that in reading the qualifications Ms. Lee did not possess the requirements and said that he wanted the Commissioners to consider this before making the appointment that seemed to be a done deal.  Mr. Brennan said that his second issue was why the Commission was rushing into this decision.  Mr. Brennan stated that it did not make sense to consider someone who did not have a background in building inspection.

Commissioner Guinnane asked Mr. Brennan if he knew of anything in the Code that allowed for a waiver from the qualifications. 

Mr. Brennan said that as an Attorney, his reading of the Code would be that the Acting Director would have to have the same qualifications as the Director.    

Commissioner Guinnane said that he noticed that Mr. Brennan had attended a number of Planning Commission hearings and said that before the Planning Director resigned this issue was raised at the Planning Commission and the Planning Commission was precluded from hiring an Acting Director until the effective date of resignation.

Mr. Brennan said that was correct and said that was why he was asking why the BIC was doing this right now before Frank Chiu’s resignation of April 29, 2005 takes effect.

Commissioner Guinnane said that Mr. Brennan’s opinion was that this hearing was totally illegal until Frank Chiu’s resignation took effect.   Mr. Brennan said that was correct.

Commissioner Guinnane asked Deputy City Attorney Judy Boyajian to comment on this issue.   Ms. Boyajian said that there was nothing illegal about holding this hearing as the calendar states that nothing the Commission does will be effective until the resignation is final. 

Mr. John Bardis said that he was a former member of the Board of Supervisors and said that he spoke at the last meeting as a representative of the San Francisco Neighborhood Association.   Mr. Bardis said that at that time a letter of commendation was presented to Mr. Hutchinson and stated that if the Association had known that Carla Johnson was present at this hearing the Association would have presented Ms. Johnson’s commendation as well.  Mr. Bardis said that what the Commission was about to do would set a precedent for this Commission and other Commissions for the administration of the City.  Mr. Bardis said that Mr. Hutchinson has had an excellent performance and thanked him for a job well done.

Mr. Mark Brennan said that Frank Chiu had been out of the Department for nine months and Jim Hutchinson has been doing his job as Acting Director.   Mr. Brennan said that he did not see what the rush was to replace Mr. Chiu until his resignation became final.  Mr. Brennan said that Ms. Lee could not be the permanent Director and said that the Commission was wasting everyone’s time appointing a new Acting Director and then looking for a permanent Director.  Mr. Brennan sated that Commission Lee had earlier made a statement that he was embarrassed and said that the Commission should be embarrassed by holding hearings for an Acting Director who is not qualified.  Mr. Brennan said that Ms. Lee wrote a letter last week and in two separate occasions stated that members of San Francisco hierarchy promised that she would be appointed to this job. Mr. Brennan said that he believed that this included members of this Commission and said that this was outrageous and that the Commission should ask Ms. Lee who promised her the job.

Mr. Angus McCarthy said that he had asked his wife to go back and watch the April 4, 2005 meeting again and said she came away from it like most people who watched it again by realizing that it was a very small percentage of people who made remarks about Ms. Lee.   Mr. McCarthy stated that most of the meeting was factual information about Mr. Hutchinson and the reason why he should have this job and stay on as Acting Director.  Mr. McCarthy said that he wanted to appeal to the Commission’s common sense and goodness.  Mr. McCarthy stated that this is a political problem and said that it was going to be a legal problem if injustice was done today.  Mr. McCarthy said that the BIC had the chance to do the right thing today by sending a message back to the Mayor.  Mr. McCarthy stated that the powerful testimony and the facts show that it is the responsibility of the Commission to vote to keep Mt. Hutchinson as Acting Director until a full time Director is put in place.   Mr. McCarthy asked that the political warfare stop because the builders would be here two years from now, but most of the Commissioners will be gone. 

Mr. Bruce Bauman said that he had now sat at two meetings for over six hours and said that he was confused.   Mr. Bauman stated that he was not a political person, but said that he listened to the letter from the Mayor and the City Attorney and both letters said that the Commission should vote on the merits.  Mr. Bauman said that he expected the Commission to do just that and appoint Jim Hutchinson as permanent Director.

Mr. John Kerley introduced himself as a Housing Inspector who was on leave for a year, but said that he was the Inspector at Bayview Hunters Point for the AIMCO case.   Mr. Kerley said that he worked closely with Jim on that very tough case and said that he knew Jim since the early 1980s. Mr. Kerley stated that the RBA supports women and that people forget that the RBA worked with Management staff at DBI on weekends in the Bayview painting a women’s shelter.  Mr. Kerley said that he wanted to support Jim and said that the Commission should not change something that is working fine.  Mr. Kerley said that he wanted to let the Commission know for the records that during the AIMCO case he was personally sued and felt that it was harassment that caused a great deal of disruption in his personal life and said that the unions did not bother to support his family.

Mr. Charles Brideinger said that he was a six-year member of the Code Advisory Commission and said that when this Commission was formed it was formed to remove the Department of Building Inspection from the political process.   Mr. Brideinger said that the BIC had a fiduciary responsibility to represent the people of San Francisco and said that since this Commission was formed DBI has soared and people are generally very happy with the performance of the Department.  Mr. Brideinger said that the Commission had its marching orders, but should do what is in the best interest of the public.

Ms. Cynthia Gillson said that the RBA was totally behind women’s rights and even supported Angela Alioto for Mayor.   Ms. Gillson asked that the Commission consider all of the testimony it had heard regarding the need for specific qualifications. 

Mr. Jerry Augusta of Buena Vista Builders said that he was a member of the RBA.   Mr. Augusta said that he did not want the Commissioners to lose sight of the fact that the Mayor’s candidate for Acting Director did not meet the requirements spelled out in the job descriptions or in the San Francisco Charter.  Mr. Augusta said that the citizens of San Francisco demand that the Commission follows the clear, unambiguous intent of the City Charter and either retain the current Acting Director of find someone else that meets the requirements.  Mr. Augusta said that retaining Jim Hutchinson would serve the best interests of the public.

Mr. Ed Sweeney introduced himself as a Building Inspector and said that he was requesting that the Commission open up the process to all qualified people in order to get the best candidate for the job and to help the Department.

Building Inspector John Hinchion complimented the Commission on recently selecting Noelle Hanrahan as Vice-President and said that he had a soft spot for competent and professional women.   Mr. Hinchion said that the only appropriate action that should be taken today was no action and referred to item #6i on the agenda.  Mr. Hinchion stated that item #6i was a formal letter of complaint filed by one of the applicants and if a decision was made appointing that applicant to the position of Acting Director the applicant would be forced to investigate their own complaint.  Mr. Hinchion said that this would be unfair to the applicant and asked that the Commission leave the current Acting Director in that position until this complaint was fully and completely investigated.

Mr. Bill Powers said that he thought that it was unanimous in his mind that everyone thought that the Department had been very successful over the last nine months that Jim Hutchinson had been in the position of Acting Director.   Mr. Powers said that he thought that the Department was so successful because of the Management team in place, including Ms. Lee and said that he did not know why the Commission would want to break this team up unless it was because of pressure from the Mayor’s Office.  Mr. Powers asked the Commission to uphold their oaths of office and do the right thing.

Mr. Redmond Lyons said that he was a developer in the City and said that it was hard to get up meeting after meeting saying the same thing.   Mr. Lyons said that he wanted the Commission to go back and look at the history of the Department and see how things have changed for the better. Mr. Lyons said that he thought that the important thing the Commission should be able to do after it had made its decision was to be able to shake Mr. Hutchinson’s hand or Amy Lee’s hand and know that both applicants had been treated with respect.

Mr. Kieran Buckley said that he was confused as to why this issue was taking place and said that this kind of energy should be put into the City departments that are not as well run as DBI.   Mr. Buckley stated that if an employee in a private business had the kind of support and approval rating of Mr. Hutchinson there would be no way that the company would be getting rid of him.

Mr. Joe O’Donoghue of the Residential Buildings said that no one except his enemies accused the RBA of misogyny when the RBA supported Bobbie Sue Hood, a woman for the BIC President and no one accused the RBA of discrimination when he brought Amy Lee, pregnant as she was into the Department.   Mr. O’Donoghue stated that no one was better qualified than Ms. Lee in her administrative function, but said that he did not think that Ms. Lee was qualified to be the Acting Director as she did not meet the minimum qualifications as required by state law and as required by the job classification.  Mr. O’Donoghue said that no member of the RBA suggested that Amy Lee was disqualified because she was pregnant or because she was a woman.  Mr. O’Donoghue stated that one and a half minutes of comments were raised out of ninety minutes and it was regrettable that some remarks were made.  Mr. O’Donoghue said that he believed that there was discrimination based on an unjust termination and that was why the RBA was present to support a competent Acting Director.  Mr. O’Donoghue stated that there were probably three lawsuits including violation of discrimination going on regarding Mr. Hutchinson’s qualifications, age and medical condition.

Commissioner Guinnane asked Mr. O’Donoghue if he was instrumental in bringing Amy Lee into DBI in 1999 because of accounting issues in the Department.   Mr. O’Donoghue said that Ms. Lee was moved up into other positions because unfortunately in civil service employees are not always rewarded for their competency.  Mr. O’Donoghue said that it has been a policy in the Department to promote from within and the Code of DBI is very technical.  Commissioner Guinnane stated that Ms. Lee came into the Department as an Administration Financial Officer, class 1374 and said that he could not figure out how Ms. Lee came to hold the number 2 position in the Department, which is a class 1378.  Commissioner Guinnane asked how Ms. Lee’s salary went from approximately $80,000 to $140,000.  Mr. O’Donoghue said that he supported Ms. Lee for the excellent job that she was doing and supported her increase in salary because that was given to her to reward her for the excellent job she did as the Financial Officer and complementing the rest of the Department.  Mr. O’Donoghue stated that he could not support Ms. Lee for the position of Acting Director simply because she is not qualified for the position.

Commissioner Hanrahan said that these questions should be directed to Mr. Hutchinson.   Mr. O’Donoghue stated that he had the institutional memory.  Commissioner Guinnane said that Mr. O’Donoghue was instrumental in bringing Ms. Lee over from the Mayor’s Office.  Commissioner Hanrahan said that she would appreciate and like these questions to be directed to the Department of Building Inspection’s Official.  Commissioner Guinnane said that he could ask Mr. O’Donoghue about the salary issue and what Mr. O’Donoghue’s intentional was in putting Ms. Lee forward in this Department.  Mr. O’Donoghue said that he only raised this issue to show that the RBA is not a discriminatory organization.  President Hirsch said that these questions had been answered enough. 

Commissioner Lee asked if these questions were appropriate in open session.   Deputy City Attorney Judy Boyajian said that she agreed with Commissioner Hanrahan that it was the Department’s decision to appoint Amy Lee and advance her through the ranks and said that this was also expanding Mr. O’Donoghue’s three minutes of public comment.  Commissioner Hanrahan said that she appreciated Commissioner Guinnane’s questions and the information, but said that she thought that it was important that somebody internally within the Department answer these questions. 

Commissioner Guinnane asked Acting Director Hutchinson to comment and asked Mr. Hutchinson if he had been reporting to Amy Lee.   Mr. Hutchinson said that he did report to Ms. Lee when Frank was absent and typically there would be weekly meetings among the Directors.  Mr. Hutchinson said that when it came to technical issues both he and William Wong when he was a Deputy Director would speak with Frank on those.  Mr. Hutchinson stated that everyone worked as a team, but technically he would go to Frank because he was the Building Inspector. 

Ms. Jakkee Bryson said that she was surprised that this issue was still being dealt with because this Department is working well with a person who is very qualified at the helm.   Ms. Bryson mentioned that she was a disabled rights diva and had been working with Mr. Hutchinson in the Department of Building Inspection and with the Planning Department.  Ms. Bryson urged the Commissioners to get a spine and do the right thing.

President Hirsch announced that since there was no further public comment the Commission would be going into Closed Session.   Acting Director Hutchinson asked if he might be allowed to make a few short remarks.  President Hirsch allowed the comments.

Mr. Hutchinson said that there were a few things that he wanted to point out, one of them being that he deeply appreciated all the kind comments that were made, but stated that it goes without saying that neither Amy nor himself could do a lot of things that have been attributed to them without the help of staff. Mr. Hutchinson said that he wanted to applaud John Kerley and others for what happened at Bayview Hunters Point and said that he appreciated John Bardis getting up last week to present him with a letter of commendation when it was Carla Johnson who went out and did the physical measurements of the building.   Mr. Hutchinson said that at the last meeting comments were made and said that he did not speak for himself nor did he say anything on behalf of Amy.  Mr. Hutchinson said that he felt as though he was a guest of the Commission and it was up to the President, Vice-President and Commission Secretary to hold the meeting.  Mr. Hutchinson stated that if he erred in not making comments and standing up against some of the things that were said he apologized for that.  Mr. Hutchinson said that he began his work career in an era where women were just let into the trade and said that he thought he worked well with the women Chief Inspectors as they complement his efforts.  Mr. Hutchinson said that as the Commission sits today, Frank Chiu is still the Director until the 29^th and said that he was the Acting Director only because Management sat down and Frank asked Mr. Hutchinson if he would assume that position.  Mr. Hutchinson said that he did not covet this position or seek it, but was asked if he would do it and out of loyalty and a sense that he wanted to serve further in the Department he accepted that.  Mr. Hutchinson said that he did not see this as a competition and did not think that Amy Lee saw it as a competition.  Mr. Hutchinson stated that there are a number of good people at DBI who could do this job and said that he did not want the Commission to think that he and Ms. Lee were the only candidates.  Mr. Hutchinson said that he had written a short letter and wanted it written into the record.  President Hirsch asked Mr. Hutchinson to make it brief because of the time constraints.

Mr. Hutchinson read the following letter addressed to Honorable Ephraim Hirsch, President, Building Inspection Commission:

“At the Building Inspection Commission meeting of April 4, 2005 you returned, along with your    colleagues, from the closed session and made the following statements:

…”We received and accepted the resignation of Frank Chiu resigning as Director effective April 29, 2005”, you then stated that it was the Commission’s intention to continue the closed session for two weeks to attend to two items.   The first item was to request that Frank be present at the next meeting to “wind things up”.   The second item you promised was “…To interview and meet with those who are interested from within the Department to become Acting Director…” As you know I have been the Acting Director since August 1, 2004 and since my performance has been exemplarily, as indicated to me by members of the Commission and others, I am troubled by the fact that I am potentially not going to be allowed to continue in this position pending the appointment of a new Director.  As you know the item for Monday’s meeting talks of choosing a “new Acting Director”, not a permanent.  After 10 months in this position I have proven my qualifications and I am requesting the interview you promised so that I may continue in this position.  Additionally I seek a process to allow for other qualified members of the Department to likewise obtain an interview for this position as DBI currently has among its staff at least three active Certified Building Officials.  I am currently seeking that certification myself.  The qualifications for Director are vital since San Francisco is not only a major earthquake fault but also is in the top three cities nationwide as a terrorist target.  In the time of any disaster it is essential that the Director of the Department be very qualified to lead the staff to action for the well being of the community.  This is a fact I know firsthand after serving the City along with the other fine members of DBI after the earthquake in 1989.

I am extremely qualified for this position as my twenty plus year record shows.   I am happy to share my personnel file with you and other Commissioners, as it will demonstrate my excellent record of service to this city.  I am certified as a Journeyman Carpenter after fulfilling a four year union apprenticeship and then working as a Foreman, Superintendent and as a partner in a General Contracting business here in San Francisco.  I am a Certified Building Inspector, certificate number 0814111-01, by the International Code Council and have been certified for the last 10 years.  I am a 20+ year member of the Department of Building Inspection having served as a District Building Inspector, Residential and Commercial Plan Checker, Senior Building Inspector, Chief Building Inspector, Deputy Director of Permits, Deputy Director of Inspections, Deputy Director of both Permits and Inspections simultaneously, and currently I serve as both the Acting Director and the Deputy Director of Inspections.  The second position has been left unfilled due to a request by the Mayor’s Office so I have been doing both positions for the last ten months.  It should be noted that I have held the Deputy Director positions for over 9 years.   As Acting Director I have demonstrated my ability to carry out the functions of both jobs and have received the support and praise of the Commission, the public and the employees of the Department I serve.  Over this ten month period there have been a number of emergencies which I have needed to manage with one being the potential collapse of a building on Wood Street which required my presence along with staff and Commissioner Roy Guinnane on a weekend to assure proper safety measures occurred to protect the community.  The position I hold as Acting Director provides for a small salary differential yet this increase does not even match the pay of he Assistant Director so the economic aspect of this job is not my motivation.  I am honored to serve the public and the fine men and women of DBI of whom I hold the highest respect.  I believe my 20+ year record speaks to my devotion to the Department and the City.

As you know, in 1988 I underwent a kidney transplant and since that time I have needed to take medication twice per day to suppress my immune system along with regular quarterly blood tests and doctor evaluations to assure the proper function of the organ.   As a result of this I have shared with Frank and other Department Managers that I occasionally suffer from severe infections and these have become more frequent over the past few years as my immune system declines.  Notwithstanding these health concerns I have always put my work in the Department first.  Frank often stated that the stresses of the politics in the Department could hasten a change for the worse in my condition but my work is my life and I have given it my all.  I love my job and I stand ready to serve DBI, as you go about the important task of selecting a new Director after Frank resigns on the 29^th of April.  I am qualified and would love to be the Director.

I note that the calendar for he BIC meeting for this Monday states that the closed session under item 3b seeks “Discussion and possible action to either retain James Hutchinson Acting Director or to choose a new Acting Director”.   I do not know why I specifically am being named to be replaced.  My performance record is and always has been excellent.  Nor did I know this action was possible by the Commission since it is in the purview of the Director to appoint the Acting Director.  I believe that I was properly appointed to this position last year by the Director.  I did not know the Commission was going to take the place of the Director and “choose a new acting director”.  Had I known this change in policy was going to occur I certainly would have requested an interview for my present position, so I want to thank you or your promise to indeed interview the qualified people for the position I now hold.  I, at the least, want to keep my position as Deputy Director should you find a Director more qualified than I am.  So I ask that I be scheduled for a proper interview for this position and also that my colleagues at DBI who are qualified and interested be interviewed as promised at the previous meeting. “

Jim thanked the Commission for their kind attention to this request and for allowing him to read this into the record.

President Hirsch asked Amy Lee if she would like to make a statement at this point.   Ms. Lee declined.

Secretary Aherne said that because it was addressed in Mr. Hutchinson’s letter she wanted to let the Commission know that she did send a letter to the Director and called his home.   Ms. Aherne said that Director Chiu was not present as she was informed that he was out of the country.  Ms. Aherne informed everyone that the live telecast of the BIC meeting was being preempted by a Board of Supervisors meeting, but could be viewed later that evening; the time of the broadcast would be available by calling 554-4188.

The Commission went into Closed Session at 12:20 p.m. and returned at 1:25 p.m.

The meeting reconvened in Room 416.

Secretary Aherne announced that the meeting was not on live feed, but would be broadcast later that evening on Channel 26.   Ms. Aherne provided a phone number for those interested to call SFGTV for scheduling. 

President Hirsch announced that the BIC was reconvening after Closed Session and asked for a motion on whether to disclose or not disclose any or all discussion held in Closed Session.

President Hirsch made a motion, seconded by Commissioner Lee that the Commission not disclose the discussion held in Closed Sessions.   The motion carried unanimously.

RESOLUTION NO. BIC 018-05

President Hirsch announced that the result of the Closed Session was a four to three vote to appoint Amy Lee as the new Acting Director with thanks to Jim Hutchinson for his service.   President Hirsch stated that this would take effect upon the resignation of Frank Chiu and said that in favor of Amy Lee were Commissioners Phil Ting, Frank Lee, Criss Romero and President Hirsch; voting to retain Jim Hutchinson were Commissioners Roy Guinnane, Alfonso Fillon and Noelle Hanrahan.  Commissioner Hanrahan said that this language was not included in the vote.  President Hirsch corrected his statement by saying that Commissioners Roy Guinnane, Alfonso Fillon and Noelle Harahan voted no on the motion to appoint Ms. Lee.  Commissioner Hanrahan said that by Charter she could not abstain from voting or she would have abstained and also that this had no bearing on the qualifications of the people that were put before the BIC, it had much more to do with the process by which the Commission took the opportunity to change the Acting Directorship.  Commissioner Hanrahan stated that she thought that the Commission should have been more deliberative and should have taken more time, as it would have served the City more appropriately. 

President Hirsch said that there was one more motion as a result of the Closed Session and asked Commissioner Hanrahan to state her motion.

Commissioner Hanrahan made a motion in Closed Session to agendize an item for the next meeting to form a Committee to endeavor to hire a Permanent Director in four months.   In Closed Session that motion was voted on unanimously.

RESOLUTION NO. BIC 019-05

President Hirsch said that in the interest of time all items would be continued until the next meeting.   Commissioner Guinnane asked if there would be public comment on the Closed Session. President Hirsch called for Item #12.

Public Comment:  The BIC will take public comment on matters within the Commission’s jurisdiction that are not part of this agenda.

Mr. Joe O’Donoghue said that he was not surprised at the outcome of the vote in Closed Session and said that the RBA predicted the result.   Mr. O’Donoghue said that the RBA had filed a Sunshine Ordinance request on the Asian Law Caucus and said that he was not surprised that Phil Ting would call that harassment.  Mr. O’Donoghue stated that the Commission had been getting bad advice from the City Attorney and said that a recent Supreme Court case ruled that when any Commissioner in any jurisdiction sates their opinion as to the manner in which they are going to vote on a future agenda they must disqualify themselves from sitting on that Committee or Commission so voting.  Mr. O’Donoghue said that it is unjust to terminate a City employee even though that employee is in a temporary position because coming from that position is a certain fundamental right.  Mr. O’Donoghue said that Mr. Hutchinson’s rights had been infringed on and said that the Commission could not terminate someone on a temporary position and put someone else in that position.  Mr. O’Donoghue said that Amy Lee’s letter put the Commission on notice that the Commission was compromised in terms of the voting and said that this was done for political reasons.  Mr. O’Donoghue said that the Commission brought in the opinion of the Mayor even though the Mayor is not the Mayor of this Commission; he is a public, private citizen.  Mr. O’Donoghue said that the President had no right to read the letters at the beginning of the meeting into the record without allowing public comment so again all rights to due process were infringed.  Mr. O’Donoghue said that some of the Commissioners were a bunch of political hacks, but not very bright ones.

President Hirsch said that while the Chair recognized the right of citizens to speak, it does not recognize the right for adhominem attacks.

Ms. Sherri Matza said that maybe she should put a muzzle on her mouth this time to speak.   Ms. Matza said that she did not appreciate the process that occurred earlier in the hearing, where she made comments that were representative of her knowledge and background and was told by a member of the Commission that her comments were cruel and discriminatory, because she was not permitted to say anything about those comments.  Ms. Matza said that during public comment the Commissions are not permitted to tell a member of the public what he or she can or cannot say.  Ms. Matza said that the Commission violated the process that the Commissioners are supposed to uphold.

Mr. Sean Keighran said that he thought that the Commissioners displayed very poor leadership in this matter and said that the Commission owed an apology to members of the public, DBI employees, Amy and Jim for putting everybody through this debacle.

Mr. Ritchie Harte of the Residential Builders Association stated that he was not going to insult anybody present at the meeting, but would insult the Mayor, Mayor bubblegum because by the Mayor’s statements he has given the Commission defacto power to suppress free speech.   Mr. Harte stated that there would be ramifications of this in the courts.

Mr. Angus McCarthy of the Residential Builders Association said that a clear message was sent out to everybody who works for the City saying that they are vulnerable and will be replaced if the employee does not pay the piper. Mr. McCarthy stated that the Commissioners should vote for the better of the City, not for the better of those people who appointed them.   Mr. McCarthy said that he felt right about coming up before the Commission and said that he would be back and would keep coming back until some day it is realized in this City that you cannot make political hay out of people’s careers. 

Ms. Jakkee Bryson said that she did not have to look very far to see who lacked spines and said that what really concerned her was Mayor “Bubble gum’s” reign of terror. 

Ms. Sue Hestor said that she was well known as absolutely not the fan of the Mayor, but said that she thought the Commission did the right thing.   Ms. Hestor stated that she was disturbed listening to Mr. O’Donoghue’s comments when he talked about “we”, “we” being the Department of Building Inspection.  Ms. Hestor said that this was the problem because the RBA has identified itself with the Department and has overwhelming influence that they are not going to give up without squealing.  Ms. Hestor said that the Commissioners should have one of the City Attorney’s memos on proper conduct at meeting as this issue has come up repeatedly because certain people are abusive in their comments.  Ms. Hestor stated that the Commissioners have to take more directed opprobrium than the public and said that the Commissioners could not stop people from showing how crazy and disrespectful they are, but said that the Commission did have the responsibility to protect the public.  Ms. Hestor said that the Commission should not listen to squealing pigs at this point.

Ms. Grace Shanahan of the Residential Builders Association said that Ms. Hestor’s comments were exactly the kind of comments that should be censured.   Ms. Shanahan said that she took personal offense about the comments made about Mr. O’Donoghue and the Residential Builders by Ms. Hestor and said that if the Commission was going to be censuring people it should do it across the board and should not discriminate.

Ms. Cynthia Gillson said that she had never in her life seen people act this way.   Ms. Gillson said that she would like the Mayor to come to a Commission meeting and speak one on one.  Ms. Gillson stated that she did not know Ms. Hestor from Adam but said that she should be removed by the Sheriff’s Office for her comments.  Ms. Gillson said that she was proud to be a member of the RBA and to see what hardworking people they are; the RBA does not ask for recognition for all of the good work that they do.  Ms. Gillson said that Ms. Hestor was a witch from hell for putting down the RBA.

Adjournment.

Vice-President Hanrahan made a motion, seconded by President Hirsch, that the meeting be adjourned.   The motion carried unanimously.

RESOLUTION NO. BIC 020-05

 

Repectfully submitted,



___________________
Ann Marie Aherne
Commission Secretary