San Francisco Immigrant Rights Commission
Full Commission Meeting
Monday, March 8, 2010 at 5:30 PM
City Hall, Hearing Room 416
One Dr. Carlton B. Goodlett Place
San Francisco, CA 94102
1. Call to Order and Roll Call
The meeting was called to order at 5:30 pm by Chair McCarthy
Present: Commissioners Enssani (late), Fuentes, Gonzalez, Haile, Jones, Kong, McCarthy, Melgarejo, Moses (late), Ng, Perez, and Danfoura
Not Present: Commissioner Lingad-Ricci (excused)
Staff Present: Adrienne Pon, Executive Director-Office of Civic Engagement & Immigrant Affairs; Sally Leung, Executive Coordinator; and Christopher Wong, Public Administration Intern.
2. Public Comment
Oscar Mangandid from SFOP made an announcement about an upcoming cross country immigration reform rally, starting March 17th in San Francisco. The tour will go to Washington D.C. and return to San Francisco on March 24th. He asked commissioners to promote the rally and that any donations would be accepted.
Lulu Rodriguez of SFOP made the same announcement in Spanish.
3. Approval of Previous Minutes from the February 8, 2010 meeting
Motion to approve minutes from February 8, 2010 meeting, moved by Commissioner Haile, seconded by Commissioner Fuentes, and approved unanimously by the Commission.
4. Discussion Item: Public Comments on Impacts of MUNI/MTA Changes on Immigrant, Limited-English Speaking, and Vulnerable Communities
Commissioner Haile voiced a concern about the lack of a MUNI or MTA representative at the meeting. Staff will work on getting the representatives to attend the next Full Commission Meeting. Director Pon added that it would be beneficial for the Commission to hear the testimony first and to address the issues after discussion. Chair McCarthy invited the large group of individuals who were present to speak on Agenda Item #4 to share their concerns.
Mr. Xiang Hu Fang from the Visitacion Valley Asian Alliance (VVAA) said that the changing of Muni line numbers (lines 8 and 9) in Visitacion Valley affected the safety of the community. He said it was an inconvenience for the senior citizen community and caused confusion.
Mr. Zhen Guang Liang from VVAA had a concern about the expiration time of the transfers; he was unsure whether the transfer time starts when he boards the bus or when he gets off the bus. He is scared of inspectors because he does not speak English and getting in trouble might affect his ability to apply for citizenship.
Ms. Marlene Tran serving as a spokesperson for Visitacion Valley said she understood the problems non-English speakers face when they ride the Muni. It impacts Cantonese, Spanish, and even English speakers. She added that when she was on the Commission, MUNI was not making even token efforts to change and that there was little effort to help non-English speakers. She concluded that MUNI needs to be more responsive to the needs of non-English speakers.
Mr. Bob Allen of Urban Habitat said that he was troubled about the potential criminalization of those who ride MUNI. He said that many riders are senior citizens and students, and that because MUNI is the main transportation to get around in San Francisco, he is worried that these individuals are being criminalized and blamed for problems that they are not causing. Commissioner Perez and Chair McCarthy asked Mr. Allen what he meant by criminalization, and he responded that some riders feel like they are breaking the law because they are unsure if their transfers are valid or not, and that this was a burden that should not be experienced by MUNI riders.
Mrs. Po King Wong said that she took the bus for 30 years and she was concerned with the rising prices for bus cards. She also said that she felt that the bus wasted money on heat. Ms. Gabriela Rodriguez with Jamestown said that as a young person, she had concerns about the MUNI fare officers. She said that youth and persons of color are being targeted. She shared a story of a monolingual passenger who was badgered and harassed by a MUNI fare officer, who asked personal questions that went beyond the scope of having a valid MUNI ticket. She concluded with the thought that MUNI should make riders feel comfortable and not harass them.
Ms. Gaby Ruiz of Jamestown said that she has to be very aware to have a transfer and keep it safe. She said that the police should go after violence and drugs, not the youth on crowded buses, and that having a student ID card should exempt one from being intensely interrogated. For youth, there is a tremendous need for public transportation and they do not need to be targeted.
Mrs. Gloria Esteva of POWER said that she is bothered that nobody from MUNI was present at the meeting. She said that the immigrant community was being targeted because of the way they look and that as a result, some believe that they can be exploited. She voiced anger, asking how children are supposed to respect authority figures such as MUNI officials if they are constantly attacking the community. Given the economic crisis, she said that economically depressed families are being treated with no respect and that they do not understand why this hatred is being targeted at them. As consumers, they should be treated with respect and not as common delinquents. Ms. Esteva said that the riders have no way of holding MUNI accountable for administering funds, and asked why justice was only one way. She thanked the Commission for being on the side of the immigrants, and that she was here to fight back for the children.
Ms. Donaji Cona from POWER shared a story from one of the members of POWER. Ms. Cona said that a MUNI officer gave the woman a ticket because she did not speak English and did not understand the actions of the MUNI officers. She was given a second ticket by the MUNI officer who grew angry after she wanted to call her husband to help her clarify what she should do. Ms. Cona also relayed different stories about how a mother was delayed by the MUNI in taking her son to school and how last week, passengers had to go through a line of 30 officers before they were allowed to leave.
Ms. Joana Hernandez shared the story of a gentleman who was interrogated by a MUNI officer. The officer grew angry because the passenger was taking so long to produce his transfer, and when he finally showed it, the officer demanded to see the individual’s ID card because of the delay. The gentleman was eventually taken off the bus, and Ms. Hernandez did not know what happened to him afterwards. Commissioner Perez asked where people were being taken by officers. Luis Burahora of Jamestown responded that three or four plain clothes police officers pull people off busses, and when MUNI officers have the back up of the police, “they act much harsher as if they themselves are police officers.”
Francisco Uymite of SFTLEN said that many San Francisco residents face deportation because of ICE raids. When someone is arrested, there is a felony exception which allows for immigration status to be factored in, meaning that an individual can be charged with an exaggerated felony with an ICE hold. After the ICE hold is placed, the felony charges are dropped, but the individual still has to respond on immigration status. Mr. Uymite said that letting the local police filter individuals to immigration enforcement services cannot be tolerated.
Felipe Leyes said that he was stopped by two plain-clothes police officers when attempting to board the bus on his way to work. Mr. Leyes said he wanted to be treated with respect but the officers ignored this request and had him arrested. After two days in jail, he was told that he would be going home, which he assumed to be his home in San Francisco. Instead, he is currently facing deportation proceedings and was never informed of the exact charges against him. He stated that Latinos are hardworking people but are seen as criminals.
Mr. Carlos Muarez of POWER said that anyone who rides the bus for a week can see what is happening and that it is very sad when the community is attacked.
Lulu Rodriguez of SFOP said she had a huge knot in her throat and was very emotional in hearing the testimonies. She has lived in San Francisco for ten years and has noticed a great change in the way community members are being treated. She shared the testimony of a friend who had a miscommunication about the validity of his transfer. After boarding the bus and seeing MUNI officials, he tried to exit in order to avoid a confrontation. The officers apprehended him in order validate his identification card. He was shocked that his own city treated him like a criminal.
Luis Burahora of Jamestown said that riding MUNI was like a warzone, and that regular bus riders are being unfairly attacked by MUNI officials. The bus lines being targeted, such as the 38 Geary and the Mission, are mostly utilized by community people, disproportionately low-income people of color as well as youth. He questioned the effectiveness of MUNI and whether or not they were utilizing their resources effectively. Overall, he said that something needed to be done to address the situation and this includes a discussion with the police and MUNI.
After Chair McCarthy closed the public forum section, Commissioner Haile asked how the police department is involved with MUNI and that a police representative should be present at a future meeting on this topic. Commissioner Perez then told the audience that they would work towards having a follow-up hearing about the issues raised by the speakers while Commissioners Gonzalez and Ensanni both found themselves “disturbed” by the issues raised and thanked the speakers for = sharing their experiences. There was further discussion into how to move forward, and it was agreed that a letter would be drafted to the director of MUNI with a copy also sent to the chief of police in order requested a meeting or open discussion with the public about MUNI conduct, particularly in regards to non-English speaking populations. To conclude, Vice Chair Melgarejo and Chair McCarthy stated that they would follow up and do their part to see the issues resolved. The Commission then thanked all speakers for sharing their concerns.
5. Action Item: Update and Approval of CIR Symposium Report
Director Pon stated that a draft of the CIR Symposium Report would be ready for review at the next executive committee and asked for the Commission to approve the final draft at their next meeting. After some discussion, Commissioner Haile moved to have the report under executive review, seconded by Commissioner Moses, and approved unanimously by the Commission.
6. Director and Staff Reports
Director Pon provided an update on the annual Language Access Ordinance (LAO) compliance departments were in compliance with language access, while three departments were granted a temporary extension. The entire 2010 report will be ready within the next month and will be published after final IRC approval.
Director Pon said that the office is in 100% implementation mode for the 2010 Census and that all staff will be mainly focused on this effort from this point through July and parts of August/September. The aim is to encourage residents to return their Census questionnaires by March 19th (SF Counts Day) or by April 1st, the official US Census Day, in order to reduce the undercount and need for census enumerators to knock on doors.
Commissioners Perez and Moses commended the staff for its hard work. Commissioner Fuentes noted that people need to write down a telephone number on the Census form or else someone would be knocking on their door to validate the form. Director Pon thanked Commissioner Fuentes for his outreach to the community and that the Mission was doing an amazing job in mobilizing residents. She praised Commissioners Fuentes and Perez for their work in gaining assistance and cooperation from SF-based Latin American consulates. Commissioner Gonzalez asked if there was contact made with any other consulates, such as the Filipino Consulate − Director Pon said that while the focus was on hard-to-count populations, any contacts would certainly be beneficial and appreciated.
Commissioner Haile asked how senior outreach was progressing and if someone was contacting meal sites and nursing homes. Director Pon responded Self-Help for the Elderly was overseeing coordinated outreach, including with the Commission on Aging.
7. Committee Reports
Chair McCarthy reported that he and the vice chair are discussing committee assignments, with a big commitment expected of those who are selected as chairs. The goal is to keep committees small and active, and that combining committee meetings into one night was being considered. This topic will be discussed further at the next executive committee, and if any commissioner is interested, he or she should inform the chair.
Commissioner Perez requested that the executive meeting on March 24th be moved due to a 30th anniversary celebration of Monsignor Romero at Horace Mann Middle School. The executive meeting was then moved to Thursday, March 25th.
Commissioner Perez also said that on behalf of the Policy Committee, she would be happy to draft language that can be reviewed at the next commission in regards to the budget process. She offered to bring it up at the next executive meeting and then the next full commission meeting.
8. New Business
Vice Chair Melgarejo shared that a Sonoma County group in the process of passing something similar to San Francisco’s sanctuary ordinances and that a letter of support was being sent to the Human Rights Commission. Vice Chair Melgarejo hoped that IRC commissioners would sign on to the letter, and McCarthy replied that if all were in agreement, there was no problem ratifying it.
Commissioner Jones reported on the resolution he is working on and that he plans to bring this to the next executive committee, to be finalized at the next commission meeting. Commissioner Moses inquired about a group recommended by Commissioner Jones and wondered why they were not present at the meeting after stating a desire to be so. Staff received one call from this organization about attending the next IRC meeting.
Chair McCarthy then reminded commissioners of executive meeting procedures: proposed agenda items need to be submitted within 72 hours of the meeting day to be calendared and considered.
Director Pon reminded Commissioners that annual filings of Form 700 (Statement of Economic Interest) as well as Sunshine Ordinance and ethics training certificates are due by April 1st. She shared that as IRC commissioners have read in the news, 15,000 employees of the City and County of San Francisco received their layoff notices and that OCEIA was affected as well.
Vice Chair Melgarejo announced that she received an email from State Assemblyman Tom Amiano about three draconian, anti-sanctuary proposals and that there is an upcoming strategy meeting to discuss the legislation.
Chair McCarthy and Commissioner Fuentes announced upcoming Census-awareness events, such as the St. Patrick’s Parade and a soccer tournament.
9. Adjournment
The meeting was adjourned at 7:35 p.m. by Chair McCarthy in memory of Dr. George Davis, Executive Director of the Bayview /Hunters Point Multipurpose Senior Services agency.
