2.

President’s Announcements.

President Hirsch had no announcements, but stated that since there was a full house today he wanted to move things on as expeditiously as possible.  President Hirsch said that when there was public comment he would be asking for a show of hands to see how many people wished to testify.  President Hirsch stated that in order for everyone to be heard the time might have to be reduced from three minutes to a lesser amount. 

Commissioner Guinnane said that the BIC had been in place for ten years and had never, ever changed the time element from three minutes down.  Commissioner Guinnane said that he did not think that it should be changed today. 

Mr. Joe O’Donoghue of the Residential Builders asked for the President to check with the City Attorney on the Rules of Order because this was a rule that was going to affect everyone in the audience and under Robert’s Rules of Order, Mr. O’Donoghue said he had a right to speak on this issue.  Mr. O’Donoghue stated that the City Attorney should recuse herself for bias, but said that he was not surprised at the violation of due process. 

Commissioner Guinnane suggested that since President Hirsch thought there was going to be a problem with time the Commission should go to item 4 and hold off on items 3a,b,c and d.

President Hirsch said that he had originally requested the agenda to be set up that way, but there was a Department request that it be as was before the Commission and said he was not going to change it back.

3.

 

a.   Report on DBI Tenth Anniversary Highlights.

Acting Director Hutchinson said that he wanted to announce that there was a delegation from the Department of Public Works from Thailand present.   Mr. Hutchinson asked the visitors to stand and be recognized.  Mr. Hutchinson said that it was an honor to have them visiting and looking at DBI today. 

Mr. Hutchinson said that he wanted to go over an item for the Department’s 10^th Anniversary and said he wanted to take this opportunity to thank the Commission, the people that work on the public bodies such as the Board of Appeals and the Code Advisory Committee, and especially the men and women of the Department.  Mr. Hutchinson said that he was actually speaking of a nine-year study, as 2005 figures were not yet completed.  Mr. Hutchinson gave the following details for the nine years:

 

*
*
*
*
*

*
*

*
*
*
*
*
*

Over 1 Million field inspections were performed
92% of those were within 48 hours of people requesting them
Issued over half a million permits, 90% within one day
Investigated over 50,000 complaints
Public Services Division have handled over half a million callers and assisted over a quarter of a million people coming into DBI’s office.
Supervised over $13B worth of construction activity
CEOP Program where DBI has partnered with other Departments to take the mystique out of the process.
Technical Services has training seminars that are now available on the web
Lead Abatement Program that is ensuring the safety of children in San Francisco
All of the Inspectors are certified and have gone through rigorous training
All of the Inspectors are accredited and have maintained that accreditation.
Controller’s Office audit resulted in DBI having a 91% customer satisfaction rating
Commissioner Guinnane had been particularly strong on the Litigation Committee resulting in some of the largest settlements in history.

 

Acting Director Hutchinson said that he was very proud of the men and women of the Department and all of the public members that serve so unselfishly.

Commissioner Guinnane asked if both the exterior and interior Lead Programs were in place.   Mr. Hutchinson said that both were, but the Department was still waiting to fill positions. 

Mr. O’Donoghue asked if he was going to be given three minutes to reply.   Commissioner Hirsch asked for a show of hands and said that there were four members of the public wanting to speak on this issue so he would allow three minutes.  Mr. O’Donoghue thanked President Hirsch.  Mr. O’Donoghue said that the reason for the success of this Commission is because it was set up in a model not of self-interest, but of public interested.  Mr. O’Donoghue said that there was an interst that the small person, the majority of the users, be able to come into the counter and get first class service.  Mr. O’Donoghue said that this was because DBI has people who are technically trained who started as inspectors and then worked their way up the ladder, just as happens at General Motors.  Mr. O’Donoghue stated that there was only one instance of a lateral transfer and that was for Amy Lee because DBI had no one in the technocrats and she was brought in from the outside.  Mr. O’Donoghue said that DBI has a whole array of competent people including staff at the Senior, Chief and Directors levels all trained completely in all phases of work from plan check to field inspection.  Mr. O’Donoghue said that even the Commissioners were chosen based on their skills and their active participation in the field for which they were seated.  Mr. O’Donoghue referred to former Commissioner Bobbie Sue Hood who sat on the Architect’s seat and said she was familiar with the problems of her clients.  Mr. O’Donoghue said that there was an active Engineer sitting on the Commission who was out in the public helping people as they ran into problems, not passive, but active.  Mr. O’Donoghue said that this made for an inclusionary, objective group of people working in the Department, not based on politics, but based on objectives.  Mr. O’Donoghue sated that as a result this was the only Department that ended up with a surplus, was the most integrated Department in the entire City and a Department that promoted from within.  Mr. O’Donoghue said that unfortunately, now the expenses are rising in this Department under Mr. Hirsch’s directorship because there is a biased City Attorney, with unclean hands who put money in opposition to this Department.  Mr. O’Donoghue said that this is the ruination of this Department, but said that the RBA has only seven builders left in this City, but would know it down quietly and go down with a fight. 

Mr. Ken Cleaveland of the Building Owners and Builders Association (BOMA) said that on behalf of his association and the commercial property owners he represent he wanted to applaud Jim Hutchinson and the Department.   Mr. Cleaveland stated that his organization has worked very closely with DBI over the past ten years; all the staff from the Attorneys to Laurence Kornfield and everyone else within the Department.  Mr. Cleaveland said that everyone had been very helpful.  Mr. Cleaveland said that his organization was particularly pleased with the fact the Technical Services Division has met with BOMA on a regular basis and help craft guidelines and bulletins that help its members to comply with codes in the City and County of San Francisco.  Mr. Cleaveland stated that BOMA wanted to go on record applauding Jim Hutchinson, the Commission, and the Department for reaching out to the Commercial Real Estate industry.

Mr. Francisco DiCosta said that 300 years ago if someone looked out at San Francisco it would have been pristine and said that he was making this statement because he represented the first people of San Francisco, the Mawekem Ohlone. Mr. DiCosta stated that in 1994 because of all the corruption that was going on this Commission was created and it benefited the City and County of San Francisco.   Mr. DiCosta said that he had followed Mr. Hutchinson’s track record and said that one of the most important things Mr. Hutchinson did was to play an important role involving the AIMCO Company.  Mr. DiCosta stated that because of Mr. Hutchinson’s hard work there was mitigation, abatement and consequently those efforts helped many a person from dying.  Mr. DiCosta said that the Commissioners were on the BIC to serve the constituents of San Francisco and to do what is right, not to divide the community. 

After a few more people spoke it was obvious that the public testimony had moved to item #4.  President Hirsch said that the speakers would be limited to one minute, but since previous speakers had already been given three minutes the time could not be changed. 

4.

Discussion and possible action for the Commission to convene a Closed Session regarding a PUBLIC EMPLOYEE APPOINTMENT.

a.   Public Comment on all matters pertaining to the Closed Session.

Mr. Denis Carlin introduced himself as a Building Inspector at DBI.  Mr. Carlin stated that he knew Jim for over 20 years and said that there is not a finer civil servant or gentleman in this City.  Mr. Carlin said that before becoming an Inspector he was a builder in the City and said that Jim was always there with a helping hand and said that he treats everyone the same.  Mr. Carlin said that he was surprised to see how well the Department is run and the quality of the staff.  Mr. Carlin stated that this starts at the top with Jim Hutchinson.  Mr. Carlin spoke of Mr. Hutchinson’s 20 years of experience in the Department.  Mr. Carlin said that as a fellow workers and a contractor in the past, as a citizen of San Francisco he wanted to speak for Jim and asked the Commission to keep Jim as Acting Director.

Ms. Mary Cotter said she was speaking to object to the removal of Mr. Hutchinson as the Director of the Building Department.   Ms. Cotter said that a few years ago DBI was one of the most  ineffective and corrupt departments in City Government, but that under Jim’s leadership and guidance this Department had returned to a sense of purpose and normality. 

Mr. Jim Rueben said that he is with a law firm called Reuben & Junius who do land use work and said that he wanted to speak on behalf of Jim Hutchinson.   Mr. Reuben said that he most often becomes involved with DBI when there is a problem and said that he had worked with Jim on problems spanning from the AIMCO situation where he was the lawyer for AIMCO to neighborhood issues.  Mr. Rueben said that Mr. Hutchinson has always been ready and willing to come up with a solution to problems, which need to be solved and said he did not understand why any change had to be made. 

Mr. Suhail Shitar introduced himself as an Architect and said that he first met Jim Hutchinson over 20 years ago when Jim was first a Plan Checker with the City.   Mr. Shitar said that he had seen Mr. Hutchinson climb through the ranks and said that Jim has always been fair because he has the same open door policy for everyone.  Mr. Shitar said that he thought the Department had changed drastically in the last five years and said that Mr. Hutchinson was there every step of the way.

Mr. Lou Ravano said that he was present to speak in opposition to any actions in Closed Session that would lead to the replacement of Jim Hutchinson as Acting Director.   Mr. Ravano said that when DBI was created in 1994 the purpose of DBI was to put building inspection responsibilities in the hands of technical professionals and to ensure that their ability to perform their abilities would never be compromised.  Mr. Ravano stated that the Director is mandated by the City Charter to be qualified with either specific technical training or experience in enforcing Building Codes.  Mr. Ravano said that the current Acting Director meets this requirement, but the replacement being considered did not.  Mr. Ravano said that DBI had demonstrated new processing efficiencies and a budget surplus that is the envy of City Hall.  Mr. Ravano said that the Mayor wanted to have his pick of Acting Director in place before this budget season and said that he thought that the BIC now had a number of people who would be more willing to please the Mayor and let him have his way with the Department finances.  Mr. Ravano said that Mr. Hutchinson was a totally respected Inspector and a proven Administrator that will give the public answers when needed and asked that Mr. Hutchinson continue to run DBI.

Mr. Henry Karnilowitz said that he had been a frequent customer of DBI for some 30 years and said that he found Jim Hutchinson to be an excellent person at DBI not just someone who is an Inspector or a Deputy Director, but as a person who everyone could talk to.   Mr. Karnilowitz said that Jim always had an open door and this is what is needed at DBI.

Mr. John Bardis presented Mr. Hutchinson with a letter of commendation from the Coalition of San Francisco Neighborhoods for doing an excellent job regarding verification of the height of a building that was held up in various City departments. 

Ms. Debra Walker said that she had worked in San Francisco since 1981 and sat on the BIC a few years back.   Ms. Walker thanked the Commission for putting this item on the agenda.  Ms. Walker said that the leadership of the Department had changed drastically from the leadership the Commission appointed.  Ms. Walker said that she thought it was time, in face of different reports that have come through in audits and suggested changes that need to be made going forward, this Commission should take really drastic action to reinstill public trust in the process, to address issues of favoritism that have been levied against DBI over and over again.  Ms. Walker said that she meant nothing personal against anyone, but said that there was an opportunity to move the Department forward on behalf of the people working at the Department, many of whom will not come to meetings for various reasons.  Ms. Walker said that this was a big deal, not just at the BIC or to the building community, but to the public at large.  Ms. Walker said that she would support new leadership in the Department. 

Ms. Rita Burn said she was present to speak in opposition of the replacement of Jim Hutchinson as Acting Director.   Ms. Burn stated that Jim was an asset in the Department for 20 years, only recently serving in the role of Acting Director, but in his short tenure he received accolades from all areas.  Ms. Burn said that there were people speaking for Jim for industry Giants to small residential builders.  Ms. Burn said that having promotions based on examinations and merits and coming from within the ranks encourages productivity and initiative.  Ms. Burn asked why the Commission would want to tamper with the leadership of a Department that works so well and said that the Mayor had tried to seize this well managed Department’s surplus last year to fill the holes in his City budget, but he was stopped cold.  Ms. Burn stated that the Mayor has been forced to crate problems where there are none in order to have justification for his obsession with DBI, but said that he would be stopped by the Charter.  Ms. Burn said that more than 700,000 residents living in 350,000 structures were depending on the BIC’s collective ability to hold their safety in high regard rather then bending to the face-saving political maneuvers of an embarrassed Mayor.

Mr. Matthew Brennan said that he wanted to speak on the deceptive language of Item 4 on today’s agenda.   Mr. Brennan said that Sunshine Ordinance guarantees the notice of the public under what the Commission plans to do in Closed Session.  Mr. Brennan said that the public notice would seem to imply that the Commission was acting on the resignation of Director Frank Chiu, which is not what the Commission is planning to do. Mr. Brennan said that the Commission was going to replace thee Acting Director of nine months with another Acting Director who is not qualified for the position as per the mandated criteria of the City Charter.  Mr. Brennan stated that no member of the general public reading the agenda would have the slightest clue what the Commission is up to.  Mr. Brennan said that this was a deliberate attempt to hide the intention of the Commission and was in violation of Sunshine Laws.  Mr. Brennan urged the Commission not to take action today.

Mr. John Hinchion introduced himself as a Building Inspector and congratulated the new President and new member of the BIC.   Mr. Hinchion said that before Mr. Hirsch was elected President he spoke for a few moments and said that his top priority would be strict enforcement of the Building Code.  Mr. Hinchion stated that if President Hirsch were true to that goal he would assume that the President would encourage the Commision to select Jim Hutchinson to continue as Acting Director.  Mr. Hinchion said that Jim was a Building Inspector that had a long history enforcing the Code.  Mr. Hinchion said that Mr. Hutchinson started out as a Field Inspector, later worked as a Plan Check and became Deputy Director of Building Services and Plan Services.  Mr. Hinchion said that he would encourage the Commission to support Mr. Hutchinson and let him continue to do his job and help the Building Inspectors to do likewise.

Mr. Mark Brennan said that he was speaking to the outrage of the coup attempt on today’s agenda that seeks to replacing the Acting Director of the Department with the Mayor’s choice who was an administrative, lateral transfer with non technical knowledge whatsoever.   Mr. Brennan said that this was just the latest demonstration of the Newsome management principle that subject matter experience is not necessary to run a department if you have management skills.  Mr. Brennan said that at a recent dinner for City Administrator Bill Lee, Mayor Newsom said that “all you need is a smile; we hire the smile and teach the skill.”  Mr. Brennan said that this policy had already resulted in a number of casualties.  Mr. Brennan stated that when Mayor Newsom replaced the Director of Laguna Honda Hospital with a smiling Engineer the management policy was so disastrous that a Priest was assaulted while giving the last rites to a dying patient; fire stations are closing and fire personnel are suing each other.  Mr. Brennan said that the murder rate in San Francisco is skyrocketing yet Mayor Newsom continues to think that cleaning house is the way to run the City even as his replacements are lacking in knowledge and experience.  Mr. Brennan asked the Commission to stop this policy in its tracks and keep the current Acting Director doing what is best for DBI’s clients and the public.

Mr. John Kelly introduced himself as a private citizen and said that he did not know that this particular matter was going to be on the agenda as he came to speak to something else entirely.   Mr. Kelly said that based on his experience with the Department and in particular with Mr. Hutchinson he wanted to make a comment.  Mr. Kelly said that he was glad to hear that Mr. Hutchinson had such considerable support in the community, however, that was not his experience.  Mr. Kelly said that in July 2003, he filed complaints with the Department against the two largest homeless shelters for violation of law requiring minimum standard living conditions. Mr. Kelly said that the Housing Inspection Division initially found significant violations in one of those shelters, but following these findings of violations Mr. Hutchinson removed the Housing Division’s jurisdiction from the investigation of his complaints.  Mr. Kelly stated that he believed Mr. Hutchinson’s actions were improper.  Mr. Kelly said that all kinds of obstacles were thrown in his way in obtaining a fair hearing.  Mr. Kelly said that he had sent in letters complaints about his unfair treatment and said that he thought that the conduct of Mr. Hutchinson was dishonest nd unprofessional. 

Commissioner Fillon said that there were a lot of serious accusations made by Mr. Kelly and said that the Commission was very well aware Mr. Kelly’s complaints.   Commissioner Fillon stated that the Commission had been on top of Jim for every step of the way to handle this issue in the most professional way possible and Mr. Hutchinson followed the letter of the law.

Acting Director Hutchinson said that Mr. Kelly had recently provided a complaint regarding another shelter and the Department found his accusation to be accurate.   Mr. Hutchinson said that he was in the process of resolving that.  Mr. Hutchinson said that in the cases Mr. Kelly spoke to earlier he was working with the State Attorney General and the District Attorney to investigate all of the charges to make sure Mr. Kelly has a full and fair hearing.

Mr. Jimmy Kwok introduced himself as a concerned citizen and a general contractor.   Mr. Kwok said that he supported Jim Hutchinson to continue as the Acting Director as Mr. Hutchinson had his highest respect.  Mr. Kwok stated that Mr. Hutchinson was an asset to the City because of his experience and because he worked his way up through the ranks.  Mr. Kwok said that he witnessed Mr. Hutchinson working very hard after the 1989 earthquake and that Mr. Hutchinson had worked with Mayor Frank Jordan and Mayor Willie Brown and said that he believed that Mr. Hutchinson could work with Mayor Newsom.  Mr. Kwok urged the Commissioner to put serious consideration in retaining Jim Hutchinson as the Acting Director of DBI.

Mr. Bruce Bauman said that he was present to honor a colleague and a friend, Jim Hutchinson.   Mr. Bauman said that he had the honor of working with Jim for over 20 years and said that the Commission should look at performance and not politics.  Mr. Bauman urged the Commission to look at Mr. Hutchinson’s record as he rose through the ranks and to talk to people within the Department.  Mr. Bauman stated that from the clerks to the Plan Checkers, everywhere in the Department the Commission would find that Jim knows how to put people together to solve problems.  Mr. Bauman said that Jim Hutchinson is alone in City government because he is willing to make the hard decisions and solve the problems.  Mr. Bauman asked the Commission to reinstate Jim Hutchinson as the Director permanently. 

Mr. Eamon Herlihy said he was present to tell the Commission something about Jim Hutchinson and said that the Commission in good conscience could not consider replacing him as a veteran of 20 years rising through the ranks.   Mr. Herlihy said that Mr. Hutchinson was trained to perform every technical function in the Department and stated that Mr. Hutchinson had not been paid a Director’s salary for the past nine months even though he ha done the Director’s job.  Mr. Herlihy stated that due to an inequity in the pay scales Jim Hutchinson was not even earning as much as his Assistant.  Mr. Herlihy mentioned others in the Department who had come up through the ranks such as William Wong, Raphael Torres-Gil and Laurence Kornfield, but said that Amy Lee was not among those.  Mr. Herlihy said that Ms. Lee did not have the qualifications to become an Inspector let alone the Director of the Department as she had no direct knowledge of field inspections and could not make technical level determinations.  Mr. Herlihy said that Ms. Lee could not function as the Commission intends and said that she would soon be going on maternity leave and would not be able to function at all.  Mr. Herlihy stated that the City Charter mandates that the Director of DBI be technically trained for the job or be experienced in administering the codes or inspections required.  Ms. Herlihy said that Ms. Lee could not be appointed because the City Charter mandates a specifically qualified Director.  Mr. Herlihy asked the Commission to leave Jim Hutchinson to do the job that he was tained to do and which he already does very, very well.

Ms. Barbara Misconis introduced herself as the President of the San Francisco Neighborhoods that represents every organization in this City from the Southeast to the Northwest section of the City.   Ms. Misconis said that beside land use there is only one other thing that is more important to the neighborhoods and that is good government.  Ms. Misconis stated that she spoke with Doug Comstock who is the President of the Sunshine Ordinance Task Force and read him the agenda item.  Ms. Misconis said that Mr. Comstock said that the items was not in clear English and does not satisfy the requirements of Sunshine that the BIC take this action.  Ms. Misconis said that the item should clearly state what the Commission plans to do in closed session or it could not act.  Ms. Misconis said that she was on the Board of the Small Property Owner’s of San Francisco and recently was trying to get somebody to speak to the organization about mold abatement and asbestos abatement in apartment buildings.  Ms. Misconis said that she only had to make one phone call to Jim Hutchinson to have him schedule people to go out and speak to the community.  Ms. Misconis said that she thought Mr. Hutchinson was an incredible asset to a City department that is properly run.  Ms. Misconis stated that good people throughout the City are being replaced by incredibly naïve and inexperienced people who make things worse than before. Ms. Misconis said to please make this stop today and keep Mr. Hutchinson in his job.

Mr. Joe Cassidy of the Residential Builders said he was present to support Jim Hutchinson because he found him to be the most honest, straightest guy that has ever come out of DBI.   Mr. Cassidy said that for the past nine years Jim was not the Director, but any time there was a problem or an issue the industry got clear direction from Jim, not the Director.  Mr. Cassidy stated that Jim’s biggest crime was that he was not a politician.  Mr. Cassidy said that it was a sad day n San Francisco when a person gives his life for 20 years to get kicked to the curb today.

Ms. Jakkee Bryson stated that she was present at the meeting because Mayor “Bubble gum’s” butt needs kicking.   Ms. Bryson said that the Mayor was known in certain circles in City Hall as Supervisor “Bubble gum” because of his immaturity and arrogance.  Ms. Bryson said that she was a supporter of Jim Hutchinson’s.  Ms. Bryson said that there was something rotten in the City’s shelter system in terms of the permitting case in point, 525 Second Street which has two addresses, the other one being 696 Bryant Street.  Ms. Bryson stated that there is a maximum occupancy load of 205 people at the shelter, but there are 345 people there including 45 women languishing in the basement.  Ms. Bryson said that she was working very hard to get that fixed.  Ms. Bryson said that at 1001 Polk Street Disabled Access was not even on the drawing board and it has a maximum permitted of 175 people, bu there are 280 people languishing there.  Ms. Bryson said that there are also two dogs in the basement at 525 – 5^th Street.  Ms. Bryson said that she had been working with Jim Hutchinson and Carla Johnson to start to bring the City and County of San Francisco into compliance with State, Federal, Access, Health and Safety Codes. .Ms. Bryson said that she works extremely well with Mr. Hutchinson and said that the Commission should do correctly by him and give the man his money or said that the Commission would be working with her through the Federal Courts.  

Mr. Mack Burton said that Jim Hutchinson has been known in the Black community as the type of a person that gets the job done and who is fair.   Mr. Burton stated the person who the Commission was going to replace Mr. Hutchinson with was not going to go up a ladder with her dress down nor would she know how to drive a nail.  Mr. Burton stated that Jim Hutchinson can get the job done because he has the experience.  Commissioner Hanrahan asked Mr. Burton to keep his comments a little bit more respectful.  Mr. Burton said that he meant no disrespect, but said that Commissioner Hanrahan was infringing on the Black community that was trying to save this community.  Mr. Burton said that he wanted someone to be the Director who could drive the nails, not the gavel and asked that the Commission not go behind closed doors and attempt to railroad a man.  Mr. Burton said to pay this man and let him work in all communities in San Francisco. 

President Hirsch said that he wanted to second Commissioner Hanrahan’s request that everyone keep a civil tongue and not denigrate any individual.   Commissioner Hanrahan said that her specific request was that people do not denigrate people based on their gender and said she would appreciate that from the speakers. 

Mr. Angus McCarthy introduced himself as a member of the Residential Builders Association, a homeowner, taxpayer and citizen of San Francisco.   Mr. McCarthy said that he served on the South of Market Committee.  Mr. McCarthy said welcome to the NFL to the new Commissioners because these meetings do get passionate and very emotional.  Mr. McCarthy said that this issue began for him with the Grand Jury Committee about two years ago and people stood up and made innuendos with no factual information about DBI and the people in DBI.  Mr. McCarthy said that was the start of this slippery slope where anyone could go and attack this credible Department and give no factual information.  Mr. McCarthy said that the Nothenberg Report cam forward and pretty much said that it could find nothing that had any grounds that this Department was actionable, that there was actions going on inside this Department that would cause any concerns to the public.  Mr. McCarthy stated that the development community looks for leadership from the Director and got that from Mr. Hutchinson.  Mr. McCarthy said that Mr. Hutchinson has the respect of his fellow workers, he knows the Code and is a gentleman who can go into a heated room and pull everybody together by standing by the Code and getting things done.  Mr. McCarthy said that Mr. Hutchinson is a decision maker and said that is something very rare in government.  Mr. McCarthy said that if it is not broken do not fix it and said that Mr. Hutchinson has demonstrated that he is a leader and should not be replaced today.

Mr. Charles Bridinger introduced himself as a Licensed General Contractor and said that he had been dealing with DBI for 20 years.   Mr. Bridinger said in 1985 he was working for a large architectural firm and had a disagreement with the Department over fire dampers.  Mr. Bridinger said that he went to Larry Litchfield and laid out his documentation, but Mr. Litchfield just kind of rolled out in his chair and said to him that the Department had all the time in the world.  Mr. Bridinger said that was the kind of response given by the Department before it became a separate entity.  Mr. Bridinger stated that now he has access to DBI staff and would never get that sort of treatment.  Mr. Bridinger said that he has served on the Building Code Advisory Committee for six years and said that over that time Jim Hutchinson has committed the resources of people to clear out the tangled code of San Francisco.  Mr. Bridinger said that San Francisco used to have its own Building Code in violation of State law and said it took about three years to clean up the San Francisco Building Code with the resources given to the Committee by Jim Hutchinson.  Mr. Bridinger said that he was present to ask the Commission to keep Mr. Hutchinson in and put him in as head of the Department.

Mr. Jim Keith of Spears Construction said that he was a residential builder in san Francisco.   Mr. Keith said that his issue had been raised before and said that there was not a proper agenda item on this issue.  Mr. Keith stated that in fairness to everybody there should be full public comment and said that with better notice more people would have been present.  Mr. Keith asked that the Commission reagendize this item because that is the whole intent and purpose behind the Sunshine Act.  Mr. Keith said that the Commission needed to send a message to the Department and reward the Department for doing the outstanding work that it has done.  Mr. Keith said that Mr. Hutchinson is someone that has been instrumental in the Building Department coming from the bottom up who intimately knows the technical issues and who is approachable.  Mr. Keith stated that Mr. Hutchinson is available for everybody; he understands the process and works with the public.  Mr. Keith said that if the Commission took people from outside or a lateral transfer who does not have the same experience it would demoralize the Department.  Mr. Keith said that he would urge the Commission to do two things; continue this item and get it properly agendized and reinstate Jim Hutchinson; make him the Director.

Mr. Redmond Lyons said that he was a builder and a developer and was present to support Jim Hutchinson.   Mr. Lyons said that the construction industry brings billions of dollars to San Francisco.  Mr. Lyons said that the Residential Builders are part of the 2% of DBI customers that wait anywhere from 30 days up to a year to get a permit out.  Mr. Lyons said that builders were not supporting Mr. Hutchinson just because he is nice guy, but because they are in the business to make money, get the buildings built, get the permits out and move on to the next project.  Mr. Lyons said that the builders were supporting Jim Hutchinson because they believe he is doing the best job at the moment that the City can do for the builders.  Mr. Lyons said that he was present to support Jim because of the way he has made changes in the last ten years because Jim is the person who solves problems and has an open door policy.  Mr. Lyons stated that the Commission should be talking about making Jim the permanent Director and not replacing him with somebody else.  Mr. Lyons said that he hoped the Commission would make the right decision.

Mr. Dave O’Keefe introduced himself as a small builder in San Francisco and said that he hoped Jim Hutchinson would be here for a long time to come.   Mr. O’Keefe said that in the private sector a builder has to go through an apprenticeship program, then become a journeyman to come up through the ranks and understand all the aspects of building.  Mr. O’Keefe stated that it is the same with Mr. Hutchinson as he has come up through the ranks and has a broad knowledge of the system.  Mr. O’Keefe said that he intended no disrespect to Ms. Lee, but said she has a financial background and does not have knowledge in the broader sense to promote her to such a high level.  Mr. O’Keefe said that in his personal experience his wife was expecting a baby in four weeks and had to stop working doing the billing for him because it was not working out.  Mr. O’Keefe said that his wife refers to her condition as “pregnancy brain” because her mind is on other things.  Mr. O’Keefe stated that there are a lot of other things that go on when someone has a baby and that is what home is about.  Mr. O’Keefe said that Mr. Hutchinson is doing an excellent job.  Mr. O’Keefe stated that Mr. Hutchinson’s removal is coming down from the highest level of government and dirty politics.  Mr. O’Keefe said that he would applaud those Commissioners who would vote for Mr. Hutchinson and would ask the others to step down from the Commission.

Mr. Tony Hall thanked the Commission for the opportunity to speak before it and said that he was a former Supervisor and an executive in seven different City Departments over the span of 28 years.   Mr. Hall said that he was present to testify how important experience is in making appointments to City government because being a civil servant is a profession.  Mr. Hall stated that Building Inspection could stand improvement, but said that DBI had a man who has experience in one of the most complicated, bureaucratic departments in the City.  Mr. Hall said that you do not throw out experience in favor of questionable experience.  Mr. Hall said that the Commission should reward those that have given their life in civil service status to the betterment of the City.  Mr. Hall said that Mr. Hutchinson has proven over and over the years that he knows what he is doing and asked that the Commission not discard that in favor of politics or questionable experience.  Mr. Hall encouraged the Commissioners to think carefully and wisely about their choices.

Mr. Roger Ryan said that he was not in the building trades, but said that he heard that Jim Hutchinson was losing his job.   Mr. Ryan said that 88% of the public were satisfied with DBI under the leadership of Jim Hutchinson.  Mr. Ryan said that if 88% of his customers were happy with his services or products that he sells he would not be getting rid of such a good employee.  Mr. Ryan stated that Mr. Hutchinson has leadership, is dedicated to his position and has an impeccable record.  Mr. Ryan said that there were a great number of people present to speak for Mr. Hutchinson because he has earned his position at DBI and asked that the Commission keep Jim Hutchinson on as Director.

Mr. Patrick Spears said that he first met Jim Hutchinson when Jim was a Field Inspector and said that Jim Hutchinson could interpret the Code when other Inspectors could not as the Code was very difficult at that time.   Mr. Spears said that know Mr. Hutchinson is actually teaching the people below him and passing on his experience to other staff.  Mr. Spears said that Jim Hutchinson is not being supported by just builders, but is being supported neighborhood groups, and Inspectors.  Mr. Spears said that Mr. Hutchinson is an expert that the City is lucky to have and said that he hoped the Commission would choose to keep Mr. Hutchinson because he is definitely a pearl.

Mr. Oliver Connolly said that he was a builder in San Francisco who was present to support Jim Hutchinson who has been a hard worker.   Mr. Connolly said that before the Commission made a decision they would have to look at the whole Department because if the Commission decided to get rid of Jim Hutchinson that would send a very bad message to staff at DBI.  Mr. Connolly said that would be a strange way to reward a man after 20 years of hard work.  Mr. Connolly stated that Jim Hutchinson was the right man for the job and should be the permanent Director, as there is nothing acting about it.  Mr. Connolly stated the Mr. Hutchinson was getting pressure from every angle and is still present today; another man would have walked away.  Mr. Connolly said that it was not just one man, but a whole Department that the Commission would be shutting down by getting rid of Jim Hutchinson.

Mr. Jerry Augusta of Buena Vista Builders said that he thought that it was Groucho Marks who said that politics is the art of looking for problems where none exists; finding them everywhere and applying the wrong solutions.   Mr. Augusta said that this was what was happening today.  Mr. Augusta that he would urge the Commission to ask some hard questions of the Deputy City Attorney if and when the Commission went into Closed Session to do the Mayor’s bidding.  Mr. Augusta said the BIC should ask if the Mayor’s pick for the DBI Directorship is qualified to replace Jim Hutchinson who has 20 years of relevant experience, given that his proposed replacement has little.  Mr. August said that should the Commission act to replace Jim Hutchinson, Mr. Hutchinson would have a lawsuit for disparate treatment and related claims against the City and County of San Francisco.  Mr. Augusta asked how much this action of trying to satisfy the Mayor could cost the taxpayers of San Francisco.  Mr. Augusta spoke about the following claims:  discrimination based on disability and age in violation of the Fair Employment and Housing Act, wrongful demotion in violation of the Fair Employment and Housing Act and Public Policy, failure to prevent discrimination in violation of the Fair Employment and Housing Act, retaliation for having opposed age and disability discrimination in violation of the Fair Employment and Housing Act and Public Policy, hostile environment based on age and intentional infliction of emotional distress.  Mr. Augusta said that it was only fair that the Commission be told this in advance of making this mistake rather than after because San Francisco is facing such a budget crisis.

Mr. Paul Chow said that he has been a practicing Architect in the City for over 20 years.   Mr. Chow said that under the leadership of Jim Hutchinson the public have actually been receiving professional services and competent decision making.  Mr. Chow stated that in1989 he had a client that had a building in the Marina damaged by the earthquake and it was Mr. Hutchinson who pointed them in the right direction to get help.  Mr. Chow said that in all of the chaos Jim Hutchinson was there to help the people, not just those with political power, but everyday people. Mr. Chow said that Jim was still continuing to help people including Asian Americans.  Mr. Chow stated that he wished the Commission to retain Jim Hutchinson as Acting Director  as it is good for DBI and it would be good for the Mayor because if the public is happy he would get more votes. 

Mr. Dan Lowery introduced himself as a Building Inspector and said that he thought that Jim Hutchinson was an excellent public servant as he is attentive to all concerns and very attentive to the public.   Mr. Lowery said that had two situations in the last four years where he needed Mr. Hutchinson’s help, one being the Moscone Expansion Project which brings a lot of people from all over the world to San Francisco.  Mr. Lowery stated that there was trouble with the contractor on that project, but Jim was able to bring all the parties involved to come to a solution.  Mr. Lowery said that the other project was the AIMCO project where there was a very bad problem with mold intrusion.  Mr. Lowery said that when he asked for Mr. Hutchinson’s help he was very attentive and worked with all the divisions of DBI to make AIMCO comply so that now this area is a much safer place for the public.

Mr. Vincent Walsh said that he has been a contractor in San Francisco for close to 40 years.   Mr. Walsh said that he had never known Jim to do anything but help everybody, not just the building, but homeowners and anyone who ever knocked on his door.  M. Walsh said that Mr. Hutchinson is an amazing public official.  Mr. Walsh said that when the Commission went into their conclave or Closed Session and if it could not elect Jim to the position of Pope, then the Commission should make Jim permanent and clone him so he could succeed himself.

Mr. Sean Gorman introduced himself as an Architect practicing in San Francisco for about and said that he knew Jim for most of that time.   Mr. Gorman stated that he could not think of anyone who embodies the idea of a public servant more than Jim.  Mr. Gorman said that he was going to repeat what everyone else had said and that was that Jim’s door has always been open to everybody.  Mr. Gorman said that normally the higher someone moves up within City government the more insulated they become from the public, but that has not happened with Jim. Mr. Gorman said that San Francisco is one of the most difficult jurisdictions in California to apply the California Building Code because there is medium to high-density development throughout the City and there is zero lot line development.  Mr. Gorman stated that the person in charge needs to understand all the problems associated with apply the California Building Code to this jurisdiction and there is no one more qualified for that job then Jim Hutchinson.   

Mr. Sean Keighran said that he was present to support Jim Hutchinson as the permanent Director of this Department.   Mr. Keighran stated that Jim has been with the Department for over 20 years and started as a District Inspector and worked his way to the top one step at a time.  Mr. Keighran said that Jim is respected by his fellow employees for his institutional memory and his intimate knowledge of every aspect of DBI.  Mr. Keighran said that Jim is a role model for all other employees and said that having Jim as the permanent Director would set the example that if they strive to achieve more, if they work their hardest, they, too, have the potential to work their way up the ladder.  Mr. Keighran stated that the employees at DBI are not the only people who are concerned with this issue as the public has a great deal vested in this decision.  Mr. Keighran said that the public has come to trust Mr. Hutchinson over the past 20 years and understand his position on tenant issues and on Code enforcement issues; homeowners appreciate the fact that 98% of their permits are issues within 48 hours.  Mr. Keighran said that the public appreciates the fact that this Department has a budget surplus when all other departments are in the red.  Mr. Keighran said that public safety is the most important issue of all and said that on the night of the Loma Prieta Earthquake he was in the Mission District and saw the fear of God in the public’s eyes.  Mr. Keighran said he also saw Jim Hutchinson lead a team of Inspectors into that Community resulting in a calming effect and saw those Inspectors go into each building to make a judgment as to the safety of the buildings.  Mr. Keighran said that when the Commission went into Closed Session he would ask that they look beyond the political I.O.U.s and look to the eyes of the public as tomorrow’s disaster is just around the corner and the public deserves the best.

At this point in the meeting President Hirsch asked Vice-President Hanrahan to take over for a few minutes. 

Mr. Bill Powers said that he was going to make his comments brief as he was about to catch a plane to take over a computer company called Microsoft.   Mr. Powers said that in all seriousness this was as ridiculous as replacing Mr. Hutchinson.  Mr. Powers stated that the proposed replacement had about as much business running DBI as he had running Microsoft and said he thought this was foolish and ridiculous.

Mr. Joe O’Donoghue said that it is said that one man is worth a thousand bodies and the Department has that one man who has trained a thousand bodies.   Mr. O’Donoghue said that when the employees in the Department were under attack some years ago Jim Hutchinson formed the employees and got them into Local 22.  Mr. O’Donoghue said that Jim brought the employees into a Union because Jim was a member of that union.  Mr. O’Donoghue said that if the Commission proceeded today he believed that he had the evidence to file in Federal Court under the Fair Employment and Housing Act for the violation of this man’s civil rights.  Mr. O’Donoghue said that considering the way this was calendared it was amazing the number of people who came off of their jobs to speak for Mr. Hutchinson.  Mr. O’Donoghue asked why there was such a rush to replace Mr. Hutchinson when Director Chiu’s resignation would not take affect until the end of April.  Mr. O’Donoghue said that even the Planning Department which is bankrupt took time to find a proper Director.  Mr. O’Donoghue stated that the notice was not adequate and said that there were two Commissioners who compromised themselves and said that he would take this before the Ethics Commission and the Federal Courts.  Mr. O’Donoghue said that the Commission could be exposing themselves to liability beyond the veil of protection under the Sovereignty Act.      

Mr. Francisco DiCosta said that a good leader is one who knows the way, shows the way, and goes the way and said that Jim Hutchinson is such a leader. 

Mr. Dennis King said that he was currently the Chief Plumbing Inspector for the City and County of San Francisco.   Mr. King said that the Commission should take into consideration all of the comments that they had heard about Jim Hutchinson.  Mr. King said that there was only one person who had a negative thing to say about Jim.  Mr. King stated that Jim Hutchinson is his boss and said that he truly respected this man and the direction that he gives to the Department.  Mr. King said that Mr. Hutchinson allows the Chiefs to run their divisions and take care of everyday business and allows staff to continue their education.  Mr. King said that if there is a problem employees can go to Jim about it.  Mr. King said that he was not saying anything wrong about any other candidate for this job, but he was just relaying his personal experience with Jim Hutchinson and said that Jim was probably overqualified for this job.

Mr. Ed Sweeny introduced himself as a Senior Building Inspector at DBI.   Mr. Sweeney stated that Jim has an open door policy and is very supportive of staff, activists, contractors, homeowners or anyone else who comes to DBI for help.  Mr. Sweeney said that Jim is very professional and good boss.  Mr. Sweeney said that Jim has been in the Department for 20 years and worked his way up through the ranks; he urged the Commission to let their hearts tell them how to vote.

Mr. Mike Cassidy said that he knew Amy Lee and said that she was a very nice person.   Mr. Cassidy said that by now the Commission should know the deal on Jim Hutchinson because they had heard it over and over again by each speaker.  Mr. Cassidy stated that someone brought up the fact that Ms. Lee was pregnant and said that Ms. Lee would have to take some medical leave so who was the Commission going to bring in then.  Mr. Cassidy said that he would request that the Commission go back to the Mayor because if he wants to fix something he can go and fix the Planning Department which is a whole mess.  Mr. Cassidy stated that the Mayor’s appointees were new here and said he had seen Commissioners come and go, but the Commissioners would be gone and the workers would still be here.

President Hirsch again requested that all the speakers keep a civil tongue and maintain language of decorum.

Mr. Jeremy Paul introduced himself as a Building Consultant who works with a lot of the smallest property owners in San Francisco and said that he could see the importance of having a Chief Building Official running this Department.   Mr. Paul said that right now there was some political will to make some changes in the Department and said that he would encourage the Commission not to throw the baby out with the bath water and respect the need for a competent Building Official in this agency.  Mr. Paul stated that Mr. Hutchison had executed this job competently for quite a while and had shown himself to be a problem solver and said that this had a lot of weight with people he works with.

A public member introduced himself as an Expediter and said that a couple of months ago he had a problem with the Planning Department because they stopped his brother’s project for some unknown reason.   He said that the building was already built and one of the neighbors complained about his view which was not protected in the Planning Code.  He stated that Jim Hutchinson helped him by writing a letter to Larry Badiner in Planning and explaining what had happened and stating that everything was done properly.  He said that the very next day he received a letter saying that he could proceed with the project.  This public member said that a neighbor had called Supervisor Dufty and this was why the project was stopped and said that experience and competency in how to solve problems is what is needed in a Director and Jim Hutchinson had both of those.

Mr. Archie Occipanti said he had been through many Administrators in building through the years and said that he remembers that Mayor Art Agnos appointed a meter maid to head the Department of Public Works at one time.   Mr. Occipanti said that it took Willie Brown to clean up the office by getting a real qualified Engineer instead of a meter mail.  Mr. Occipanti said that Jim Hutchinson is the man for the job and not to go the meter maid way; he stated that he hoped that Mayor Newsom would not be a one-term Mayor.

Mr. John Peterson said that he was not a builder or an Irishman, but said that for 18 years he had been helping people get through the permit process whether it was for a fence in the backyard or a major developer building a new house.   Mr. Peterson stated that he had seen the ups and downs as it relates to the cooperation that each customer can achieve through their relationships with the Building Department.  Mr. Peterson said that he had worked with Jim for 18 years and said that he was excited to see the fact that the Building Department today is seems to work together and the people with the Department are happy the way things are going.  Mr. Peterson said that there is a respect that it would be a tragedy for the Commission to destroy by taking out the leadership that made this happen. 

Ms. Rosemary Bosque introduced herself as the Chief Housing Inspector the Department of Building Inspection and said that she held that position since 9-11-01.   Ms. Bosque stated that she had been a City employee for 19 years starting with the Department of City Planning under Dean Macris in the Code Enforcement Division and then in 1990 moved over to the Department of Building Inspection.  Ms. Bosque said that she was not present to tell the Commission who it should appoint as Director and said that she believed that any Mayor in this type of business should have influence over who a Department head should be.  Ms. Bosque said that when she assumed office the Housing Inspection Division was need of great repair and it was the Executive team of Jim Hutchinson and Amy Lee who assisted her as well as this Commission in helping her to fix many things that needed to be fixed within that Division.  Ms. Bosque said that a team of individuals is needed to help bring the level of service that the citizens of the City and County of San Francisco deserve because there needs to be experience with dealing with the Code and with the law.  Ms. Bosque stated that she personally had a law background like the Assistant Director, but did not have the extensive working knowledge of the Building Code that Mr. Hutchinson has.  Ms. Bosque said that both aspects are absolutely essential, crucial and invaluable to provide the level of service required and that was the thought that she would like the Commission to keep in mind when going into Closed Session.

b.  Possible action to convene a Closed Session.

Commissioner Romero made a motion, seconded by Commission Lee that the Commission go into Closed Session.    

Commissioner Fillon said that there should be a discussion before going into Closed Session and said that he did not believe that this should be done today as there is no hurry; the Commission has until the end of April when Mr. Chiu’s resignation becomes effective.  Commissioner Fillon said that there were a lot of people who were not present who would like to speak to this issue and said he did not believe that the Commission should move forward at this time.  Commissioner Fillon stated that he did not think that this notice was adequate.

Commissioner Guinnane said that he thought that this notice was put out at the very last minute and was completely full of fraud.  Commissioner Guinnane stated that it sinks of fraud and censorship and that was his opinion on it.  Commissioner Guinnane asked through the Chair to the City Attorney, if the City Attorney had read Proposition G or not, and if in listening to the public testimony about a Federal lawsuit that Mr. Hutchinson could bring against the Department did she believe that there was any exposure on that.  Deputy Director Judy Boyajian said that she could not think of any exposure because the Director and Acting Director serve at the will of the Commission.  Commissioner Guinnane asked if Ms. Boyajian had read Prop G.  Ms. Boyajian asked if Commissioner Guinnane was referring to the Proposition that created this Commission.  Commissioner Guinnane said that he was talking about the actual qualification of the director.  Ms. Boyajian said that she had read it in the past, but not recently.  Commissioner Guinnane asked what it said on the qualifications for the Acting or permanent Director.  Ms. Boyajian said that the Proposition had the qualification for the Director, but that is not what the Commission had on the agenda to appoint.  Ms. Boyajian stated that there are also State qualifications and the Commission would have to consider both the State requirements for Building Official and also the Charter requirements.  Commissioner Guinnane said that in looking at Prop G and the way it is stated it would require someone to be either technically qualified in training or the administrative experience would have to be in the enforcement of Building Codes and building experience.  Ms. Boyajian said that this is what the Commission would be talking about in Closed Session and said that the Commission was appointing an Acting Director, not a permanent Director. 

President Hirsch asked the Secretary to call the motion.  The Commissioners voted as follows:

 

 

The motion carried on a vote of 4 to 3.

The Commission went into Closed Session at

The Commission reconvened at 12:40 p.m.

President Hirsch announced that in Closed Session the Commission had received and accepted Frank Chiu’s resignation as Director of the Department of Building Inspection as of April 29, 2005.  President Hirsch said that on the matter of an Acting Director there would be the Commission also decided to continue the issue of appointing an Acting Director until the next regular meeting in two weeks and would also request that Frank Chiu be contacted to come in to wrap things up and to hear his plans.  Ms. Boyajian said that the Commission would be taking action to appoint an Acting Director. 

 

 

 

Respectfully Submitted,



________________________
Ann Marie Aherne
Commission Secretary