Saturday, April 16, 2016

[San Francisco City & County] Supervisors must add muscle to SF whistle-blower law

Blog Note: this article references grand jury recommendations on the subject.
The Board of Supervisors will face the choice to amend the whistle-blower law.
Best wishes to the San Francisco FBI director and the San Francisco district attorney in getting city workers or contractors to tell them about City Hall corruption. I say “best wishes” because that is about all they can hope for because, under San Francisco’s whistle-blower law, neither city workers nor contractors are protected against retaliation if they tell the truth. That’s how our law is written, but soon the Board of Supervisors will face the choice to amend it.
The civil grand jury recommendations and the Ethics Commission’s draft whistle-blower law are a start. Here’s why this is important:
•While 316 whistle-blower complaints were filed last year, just three city employees faced disciplinary action for their wrongdoing.
•No city department head or senior manager has ever been held accountable when they retaliated against a whistle-blower, and in many cases they have been promoted.
We know about these cases because lawsuits were filed and the city settled for millions of dollars, e.g.:
•Contractors were threatened with termination if they refused to “volunteer” for the political campaign of a city officeholder. After the whistle was blown, the coerced contractor lost his contract, the staff lost their jobs and the city official was promoted.
•Bid rigging and discrimination were disclosed by senior officials and the department head was named as responsible. The charges were backed up with sworn affidavits. The senior official whistle-blowers were demoted to lesser duties, and the department head continued in his position.
•Sexual harassment by a supervisor that included holding an employee “hostage” in a city vehicle was reported by the department’s EEO officer. No adverse action was taken, and instead the officer was disparaged, told to “stop acting ghetto” and fired. The department head was promoted.
•City workers were skipping out and engaged in covering for each other while important citizen needs were ignored. No action or investigation was taken, and the whistle-blowers were harassed. A suit brought a significant cash settlement.
As a result of two civil grand jury investigations, the Ethics Commission now is recommending reforms that definitely will make for a better law and hopefully better outcomes. But it will be a halfway step unless the Board of Supervisors adds muscle. Here are suggested reforms:
•Department heads and at-will employees should face a two-week suspension without pay if they are found to have retaliated against a whistle-blower.
• City contractors should be required to protect whistle-blowers or face potential disbarment from future contracts.
•City leaders should be prohibited from deleting emails and other records needed to investigate complaints.
• The mayor should issue and sign an annual whistle-blower report that is more transparent than the one issued by the controller. It should identify departments that are repeat offenders, the cost to the city, and the cost to correct wrongdoing and to settle. Press releases should be issued.
Polls show that San Franciscans think private interests trump public interests and that City Hall covers up to protect itself and its friends. A well-implemented, effective whistle-blower law can begin to put things back on track.
April 11, 2016
San Francisco Chronicle
By Larry Bush


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