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Friday, February 8, 2013


San Franciscans are astute and armed with fortitude - are ever vigilant when it come to due process. We have highly qualified and educated people in San Francisco - and many of them - are in contact with me - for good reason.

Without due process there be no fair adjudication. We are a Nation of laws. More and more in recent times - City Hall - and many City employees - with intent will circumvent rules, regulation, ordinances - defy the constituents of San Francisco.

The San Francisco Board of Supervisors David Chiu, Eric Mar, Scott Wiener, and Malia Cohen - have broken laws and put on notice by the Ethics Commission. This is just the tip of the iceberg. 

Again and again in San Francisco many Commissions, SF City Committees, other bodies set up by the City - mostly appointed by the Mayor of San Francisco - are doing the devil's work.

We saw blatant infringement during the trial of Sheriff Ross Mirkarimi - when due process was abused - people hitting below the belt - when compassion, good judgement, patience, and fortitude - should have reigned in our fair City and County of San Francisco.

Many of us keep silent - while some groups - purporting to help others - like the group that ganged by against Ross Mirkarimi and his wife and innocent child.

Later in recent days - who themselves were found - wanting when it came to decency, ethics, morals - breaking rules - all of which has been reported in recent weeks in the Main Press.

Some of us who blog - took it upon ourselves to report the many infringements - and when we did - some thought that we crossed the line.

The Shorter case and debacle for example - must be reported in details - and she and her gang of women - who target men without due process - must be adjudicated and brought to court.

Bevan Dufty hardly after being termed out as SF Board of Supervisor - now is head of HOPESF.

In that capacity - he has been wheeling and dealing. Large projects once built by the Department of Defense - and paid for - were handed over to Housing and Urban Development (HUD) - a Federal entity. We are keeping a keen eye - on the many dubious - and devious - developments.

In course of time HUD - handed the housing to the San Francisco Housing Authority -  the most despicable entity in San Francisco. Its Commission headed by one Amos Brown - corrupt and arrogant to the core.

All the above appointments made by the Mayor - and the Mayor knows - past and present Mayors - fully know about the infringements - and have done nothing much - but, look the other way. But for how long - and why must innocent people suffer?

The actions of the SF Housing Commission have hurt - hundreds of innocent constituents. Justice is crying to heaven for help. There are those that talk the talk - but few that can walk the walk. Our indigent, our immigrant population need quality service - and we should not be bending backwards to help - Big Corporation and give them tax breaks - and free transportation - and subsidize them - at the expense of the tax payer. We should not.

It does not help that the SF Housing Director Henry Alvarez - who has been taken to court by those working for him. Henry has chosen to take sick leave, now - and just got a slap on his wrist.

If his case goes to court - a can of worms will be open - and when that time comes - some heads will fall.

Again Mr Henry Alvarez - was a bad apple from the onset - the former Mayor Gavin Newsom - invited him to cause more damage in San Francisco - and innocent San Franciscans - most leaving in San Francisco Public Housing - have suffered and continue to suffer the consequences.

The head of the SF Housing Commission Amos Brown - also purports to be the President of the local NAACP - and in that position has done nothing much to curb - gentrification. The Black population now border - 4%.

The many youth in the Black population - are discriminated - and the empirical data is there to see - but how can people see - when they choose to be blind?

Amos Brown - talks the talk - but when it comes to walking the walk - he is pathetic. His time will come and he will be judged by God - more being a man of the cloth.

At the San Francisco Public Utilities Commission (SFPUC) we have on going blatant corruption and nepotism.

Again and again when cases are taken to the authorities - powerful sources outside the SFPUC - intervene - and innocent people have lost their - jobs.

Those tasked to protect City employees - be they permanent or temporary - in this Union City - are treated with disdain. What counts is who you know.

One Assistant Manager once was on the SF Public Utilities Commission.

She jumped shop; taking the position of Assistant Manager without proven qualifications. Backed up folks outside the system - who do immense harm to our City and County of San Francisco.

Again and again - huge mistakes have been made when it comes to policy making, surveys taken, and not understanding - due process.

San Franciscans tolerate some nonsense - because we have the patience - but once saturation point arises - there is no going back.

You can wheel and deal - whence you previously came from - but  when you are told politely - to be careful and do NOT be defiant - you will be exposed.

Recently in San Francisco the Human Rights Commission was totally revamped.

Once created as the Human Rights Committee in the Bayview Hunters Point by stellar advocates - to address blatant discrimination in the early 1960s.

The advocates did well - in the areas where they was a need - housing, health, education, and most of all getting jobs for those that were discriminated - mostly people of color.

The Human Rights Commission (HRS) purports to carry on the above - now evolved from the Human Rights Committee that laid the foundation - to the present - Human Rights Commission - located at 25 Van Ness in San Francisco.

We now have  paid HRC Commissioners who have been challenged; recently - with their wings clipped off.

No more does the Human Rights Commission deal with Certification of Companies and Contract Compliance.

These two vital function have been transferred to the City Administrator - her name is Naomi Kelly.

Naomi Kelly is hard working, a quick learner - however, in this area the on going corruption is so deep - that is requires herculean measures - to put rules and regulations in place - to bring about a holistic - change.

A Local Business Enterprise (LBE) committee has been created to address all pertinent issues linked to Local Business Enterprise (LBEs) other micro- companies. contractor and contracting issues like paying vendors on time - all these elements -are directly reported to the City Administrator. Who as I mentioned is Naomi Kelly.

The protocol, process and that all matters -linked to the  LBE Committee comes before the LBE Committee duly appointed by the City Administrator - no more the HRC.

This is the body or entity chosen - that is competent  and qualified to hear  - complaints, issues, changes, whatever will best help the contractors - Prime Contractors and Sub-contractors.

This Committee will play a key role - but there must be a process - and what is more the process must be followed. Those breaking the rules, circumventing - must be adjudicated.

Those in charge of Compliance and Certification can then take over. There are many areas - that must be tweaked - and I have been monitoring these areas for the last 15 years.

The SFPUC is an Enterprise Department and generates it own income.

The SFPUC has a deep history of corruption all documented - from the day when Business Development Incorporated (BDI) was deeply involved with employees working for the Water Department - later the SFPUC - getting kick backs.

In recent months one Assistant Manager seems not to get it.

Some week ago some important amendments were taken to the Small Business Commission - without bringing it to the LBE Committee.

At the last LBE Committee meeting - held January 16. 2013 at 11 am at 100 Van Ness which  I attended together with a certified and qualified LBE contractor - so that he could witness the proceedings .

When it was brought before the LBE Committee - that the SFPUC went directly to the Small Business Commission - the excuse  given - that this process was followed by the HRC - when the committees came under the jurisdiction - of Human Right Commission. That is NOT the case now - the LBE Committee is - and the LBE Committee - time and time again has been left out of the equation -in recent months.

That situation has changed now. All matters come before the LBE committee. At the January 16.2013 meeting - the amendments to incorporate those contractors outside San Francisco within the 70 mile radius - was discussed. There were no hard copies of the amended - language. 

So to put it bluntly; to those that talk of consensus - there can be no consensus; if the language was not there to read - even though a HRC employee - paid for by the SFPUC says so.

This woman who works for the HRC but paid by SFPUC - took off - after I spoke to the LBE Committee and brought to their attention - that the amendments had already gone - before the Small Business Commission and passed.

This employee working for the HRC and paid by the SFPUC seems to follow the old pattern - without fully comprehending that the authority now lies with the City Administrator.

More; with the LBE Committee representing the Contractors - all members duly chosen and approved - by the City Administrator  Naomi Kelly.

I spoke at the LBE Committee - at their meeting held on January 16, 2013 - representing LBEs and the interests of the Prime and sub-contractors. The many deficiencies and what needs to be done. Gave the LBE Committee some history - I know the LBE Committee has had not public input at their meetings - because the meetings are not well noticed.

It was agreed by all present - that in future all matters should come before the LBE Committee; duly formed to attend to such matters - however small or big - and that includes - amendments that affect the contractors.

For the second time an employees working for the HRC and paid for by the SFPUC - reporting to as the Assistant Manager - heading Communications - Juliet Ellis.

In this case - permitted this employee to go to the Budget and Finance and represent changed language and amendments - that did NOT go before the LBE Committee - mentioned above.

At the January 16, 2013 - at which meeting I was present - no one present had read the amended language. That is the case in point. In is called process. This City can circumvent the process - but, it will come to haunt them.

I am not interested in chronological meetings that led to the change of amendment to facilitate contractors outside San Francisco.

I am concerned - as an advocate - about due process.
I was present with a witness - I have other witness who can testify to what I say.

So let me stated categorically that NO final amendments were voted upon - because the language was not there to vote - in any form - no hard copy for sure nor in digital form.

Hence there could not be any consensus. Such actions cannot be done remote control - nor can they be done by osmosis. The matter has to go back to the LBE Committee and then presented to the Budget and Finance Committee - duly processed and voted upon by the LBE Committee.

The Budget and Finance was not told about the role of the LBE Committee.

 SFPUC does not have the authority to by pass the LBE Committee - and make any amendments - however small or big - regarding the Primes, sub-contractors - change policies regarding the contracts - any amendments that affect the contractors - in any shape or form.

We have employees who take it upon themselves to work on projects and focus their attention on actions - that favor outside contractors.

Over 87% of micro-contractors are suffering in San Francisco and here we have folks working hard - and trying to prove to me that they have the better interests of contractors - outside San Francisco - not San Franciscans.

They expect me to watch them ruin the fair name of our City - and favor outsiders - who can get the work - only after extensive outreach is done to our contractors - more micro-contractors. This has not be done - and if it is done - show me the empirical data.

The heart of the SFPUC employees must be in the right place to serve San Francisco contractors  - San Francisco LBEs are suffering - more since the spiraling of our economy in 2008.

These few charlatans who spoke at Public Comment have the best interest of those in the East Bay and beyond.

We must be leary of such folks who LIED when they testified before the San Francisco Public Utilities Commission that they had the support of the local LBEs - they did not.

Two stellar contractors Yerba Buena which is run by Miguel Galarza - who sits at the head of the table - at the LBE Committee meetings and Ruben Santana who runs Rubecon - did NOT endorse the amendments - they did not see the final amended version. 

People who are inept - do not do their home work - have no clue about process - like to circumvent the process - will never, ever progress. Some one will get them sooner not later - with their hand in the cookie jar.

Our Mayor and our City Administrator both of whom I care for - and so will work hard for - without making too much of a fuss. I do not like going on the roof top and shouting - I can do this and I can do that. I just do it.

My brother Harlan Kelly who is the Manger of the SF Public Utilities Commission - better request those making key decisions - to have a check list. Have  the process - verified and checked by some valid - authority.

I have been trying my best to place youth in good jobs in San Francisco - good career jobs - have got little help from the San Francisco Public Utilities Commission.

When we have been able to place our youth and young adults - we have got jobs that others have dumped on us - because they cannot do it.

We did the scaffolding at Calavares when others could not do it.

We did the fencing at Calavares and had two women on that team.

We did the removal of weeds and poison ivy - drastically adversely impacting our youth - and the youth and young adults took it in stride. On this job we employed two women - too.

We came before the San Francisco Public Utilities Commission -  and expressed our concerns - to NO avail.

Our youth and young adults worked some weeks - and then for months - there are no jobs - worth the salt. All of our youth are Union members - with Local Union 261 the Laborers' Union.

We work with the disenfranchised, the indigent, those that are marginalized, those that people look down upon - because of the color of their skin - we embrace them and take them to a better - place.

I represent the First People of San Francisco - the Mayor knows that and I have met him  - and all I asked him at my office; when he visited me - was to support the community. I did not ask him anything nor will I for myself.

We save youth and we do it because we care about life - as do all indigenous people.

Recently; this City has hired a bunch of folks from disciplines that lack standards, less ethics, they have no morals - and purport that they can circumvent the rules, the laws, the ordinances. Well, I know what happens to such folks.

A few of us are committed to our youth - young women and men - and we have made a concerted effort - without any funding to create models and give them to the San Francisco Public Utilities for free. Yes, niche projects that others could not think - could be done.

Others want to jump on the bandwagon and take credit. The can if they want to - some of us advocates do not want credit - we want to save lives.

Once this City had compassion - no more - now it is about wheeling and dealing, circumventing - and trying to win kudos by any means.

If you are shallow, spineless, immoral, unethical, have no leadership - you are worthless.

Smile all you can - you are worthless.

I am not into nit picking - I do my homework.

Well trained by the military and by the Jesuits.

If I write or say something - I have the facts to back me up. Believe you me - that I do.

I also have grass root support - from many quarters local, national, and international. Hence my blog and website.

Good leaders know the way, show the way, and go the way.

No one can go to a better place with fine tuning their moral compass.

The time is now - you can change your ways - or bring it on.