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Meeting Information



Full_Commission

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MINUTES OF FEBRUARY 25, 2004 REGULAR MEETING of the JUVENILE PROBATION COMMISSION
  held at City Hall   Room  400  Dr. Carlton B Goodlett Place  San Francisco, CA   94102

                           The Minutes of this meeting set forth all actions taken by the Commission on  
                            the matters stated, but not necessarily the chronological sequence in which
                            the matters were taken up

1.

(ACTION)  Roll Call
The Chair called the meeting to order at 5:50pm.  Comms. Bonilla, Chuck, Hale were present at the gavel.  Comm. Ricci arrived at 5:52pm  Comms. Connolly at 5:57pm and Richard at 6:30pm

2.

(ACTION) Review and approval of December 19, 2003, February 2, 18, 2004 meeting minutes
The Chief pointed out duplication in the 2/18/04 minutes stating 2 – 1844s. She referred to the section speaking about workers compensation and clarified that it was” through a special project through the Controller’s office, was conducted, and from that a manual was developed.” 

Comm Hale also referred to the Feb 18 minutes, in regards to the Chief’s comments regarding the DCYF grant request. He corrected the wording attributed to him (corrections made to the minutes). With these corrections the minutes were approved.
(public comments)
There were none.

3

(DISCUSSION) CPO Report
    a. replacement project update
Chris Bigelow reported: construction underway since July. Original completion date was projected to be Nov. 05, but now it looks like end of Dec. 05. There has been $258K in additional contract costs, while the total project costs remains the same.  There will be other modifications made as time goes. There is a great amount of coordination needed to anticipate the conditions when Laguna Honda begins their project.  There is a team of managers overseeing the day-to-day operations, and this is made up of public agency, and private consultant, individuals.

Comm Bonilla had asked for future reports to come through the Finance Comm.  Bigelow will work with Comm Bonilla to get the format of those reports clarified.

Comm Dupre asked if there were any problems with the neighborhood?  Previously there were issues regarding work hours and noise, but the contractors are being very cooperative.

Comm Dupre asked about the composition of the workforce.  Bigelow said that the contractor has met all requirements and targets regarding ethnicity/gender/residence, etc.

The Commissioner asked for a document describing the workforce.

(public comment)
Rich Perino, DPOA, said that POs have been greatly inconvenienced by the project, both in loss of parking, and noise pollution.  One PO suffered trauma when jack hammering unnerved him (recalling his Korean War experiences).

     b. budget update
M. Lui just revisited the changes made to the document before submission on Feb. 20. 

Comm Bonilla asked about the instruction by the Commission at the last meeting, to not lay off the 1203, personnel tech, and to find the additional dollars elsewhere.  M Lui said that wasn’t necessary because they estimated the revenue from the rental of beds at LCR to be in the $400K level, which covered the difference.

Comm Ricci asked Don Sanders, Dir. of LCR, if he had come up with any plan on this issue.

Sanders said he was prepared to respond to this in item #6.

(public comments)                               
  Rich Perino, DPOA, said the big issue for them is juvenile hall overtime, which has been running on average $3K per day for the past 18 mos. They (POs) have offered to work for comp time –no additional hard money outlay—but nobody has responded or investigated this option.  He said that in the past 18 mos there have only been 2 hired on-calls. He questioned the motivation of the Mayor’s office for holding up the certification of eligible hires (10 currently awaiting approval). He questioned whether it is administrative neglect like was reported by channel 7 in the Fire Dept. He asked why nobody would fix this problem.

Henrietta Lee, local 790, asked about the budget form, because it looked to her like both positions of the 1426 were put back in.

Comm. Hale asked for clarification on the 1426 positions.  M.Lui said there was only one 1426 proposed for lay-off and that was added back in.

Comm Hale referred to the POs’ offer to work without OT cash pay but doubted its legality.  He asked the Dept if they had an answer to this issue. M. Baumgartner hadn’t researched that yet but offered to return with an opinion.  Comm Hale asked for this from her.

4.

Public comment on any matter within the subject matter jurisdiction of the Juvenile Probation Commission
Rich Perino, DPOA, spoke again about the outrageous OT in juvenile hall.  He referred to it as a culture that makes staff go out on 4850 or workers comp.  He believes that the Controller and Mayor’s office has not analyzed it correctly. OT pay has to be stopped in order for 4850 or workers comp to be reduced.

5

(ACTION) Election of Officers
Comm Hale moved to re-install the current officers to a second term.  There was no second.  A short recess was called.

After reconvening, Comm Hale repeated his motion and it lacked a second again.

Comm Connolly nominated Comm Dupre for President. Comm Hale seconded.

Comm Richard asked for discussion.  He commented that every commissioner should have a chance to serve as an officer of the commission.  He felt that it was time to start looking at nominating new people.  He said that Comm. Hale always spoke about young and new leadership, but there are young and energetic people on the commission who can take charge. 

He said that the new Mayor and District Attorney signaled this change.  He also echoed L. Holmes’ question of commissioners who have lacked participation but show up for elections.  He called for new leadership.

The question was called and upon a roll call vote, Comm Bonilla, Richard no… Comms Hale, Connolly, Ricci, Chuck yes.  Dupre abstained.

Comm Bonilla commented that while he knew the way the vote would come out, he wanted to support Comm. Richard’s comments.

Comm Hale said that there is a very strong relationship between Comm Richard and L. Holmes, who is clearly seeking the Chief’s position and has done everything he could to lobby in that regard.

Comm Richard commented that Comm Hale should not be making such comments because he does not know what Comm. Richard’s relationship with Mr Holmes is. Such attacks on a fellow commissioner are inappropriate.

Comm Hale continued, “you talk about commissioners coming and not being here… if you wanted to talk about commissioners that come here and aren’t prepared…we could be here all night long.  This is a process that has been in place.  If you had some concerns about it, if you were that concerned about the need to have “young” representation, then bring it up prior to the  night of the meeting. And if we’re talking about people who come, we can talk about that., but I have a problem with that because I thought we were moving in a positive direction. But to have these comments come up tonight even though you have known in several elections that this has been the process, is in my opinion a poor choice to deal with.”

Comm Bonilla: “..again, I don’t think we should expound on the issue anymore. Comm Richard made it very clear, he feels that young leadership should be given an opportunity. I’m not saying we’re not being given the opportunity I just wanted to be supportive of Comm Richard’s comments that young people should be given an opportunity. Some of us may be here the next commission term, some of us might not, but for the record I think its very important for people to know that they can when they do come on board, go against the status quo if they want to run for office they should, and this is in no way disrespect to Comm Dupre, and I actually informed him of my vote prior to the vote, out of respect for him.”

Comm Richard: “Comm Hale, many times we have discussed this. And we argue and disagree and agree, and walk away and shake hands.  Let me say this, by any means my comments come from me, personally from the heart. Comm Dupre, we have a personal relationship outside of the commission and there’s no disrespect for him at all.  But to you, and all the other commissioners that sit here, like I said, I think it’s time for a change. The old guard’s been holding the post too long.  Now you know that everything you’ve strived to get, and where you’re at now wasn’t because you were pulled up by the old guard, but because you took action to get what you wanted.  So I’m saying to all commissioners, there’s no disrespect to any commissioner, but I just feel personally that it’s time for change. It’s time to start building and moving forward.  Not to say that we didn’t do it and didn’t move forward, but it’s time to get this commission on the track that it needs to get on.

And if we’re speaking about people showing up, my track record with this commission speaks for itself.  … I don’t feel comfortable voting when we need to vote for new change.”

Comm Hale; “Comm Richard, it’s curious that your comments came after Mr. Holmes made his comments and that’s the problem. And he’s created a great deal of conflict. He has sought to criticize the dept. and he’s done so repeatedly. And when you make your comments after a motion and vote of 6 commissioners were made to stop and wait, that’s why I have a problem, because you didn’t raise it initially.  I moved to vote for the man twice. So you know at least on two occasions before the speaker spoke that it was my intention, this commissioner’s intention to nominate the same two  officers. And you didn’t make a comment at that time. We had a recess. It that was a concern of yours, you could have easily grabbed, if you wanted to, could have easily stated your opinion to us. This is where I’m coming up, up front. But you didn’t and that’s why I reacted the way I did. I’m reacting that way to Mr. Holmes who has made it very public his intentions, and we have a dept that needs all of us working together. And so I hear you, and yes, we do disagree, and we do walk away friends because we have a community that we work for. And I don’t have a problem with that. But in here, the timing of your comments raised some concerns of mine.”

Comm Chuck nominated Comm Richard for the position of VP.

Comm Hale seconded for the purpose of discussion.

He said that there was a process, which occurred with Anna Shimko, where they said one year wasn’t enough time to develop a sense of the position.  There is an interesting difference between the President and Vice President. … This is not a school. This is not some place we’re learning how to do a job, necessarily. It has been, at least the Bd of Supervisors and this Mayor has indicated they want individuals who are qualified. Who has the experience to move the business of the various depts. forward. And we are fortunate. We have a group of, I think, seasoned commissioners who have been here for a while, but at the same time I believe Comm.. Ricci, even though we’ve disagreed and it’s no secret to anybody, but she’s earned through some of those battles, really the right to be vice president. I believe that when Comm Dupre’s second term comes to an end, we’re going to be well served. I know Comm Richard and I know that could he serve not only as vice president, but he could serve as president extremely well. I think he does have the passion, but this has to do with time honored, at least with the last 3 presidents. You may not know this but Comm Chuck grabbed me when I was angry because I thought that there should be change in the President’s position, and there was a young buck who worked out in Bayview Hunters Point who felt that they brought a certain perspective and they needed to be in the leadership role. But I was served well by the advice of Comm Chuck.  ‘watch’ work the committees, develop an understanding, and really, grow. And I believe that’s what’s happening here. I hope that Comm. Richard and Bonilla particularly are here for some years to come, because the continuity is absolutely important.  I see the rest of us probably moving on before you two, so I have never had a problem with expecting to see you both in a leadership position.  When I was President, that’s why I appointed you both Chairs, because you needed that experience so you could up the ranks.  But at this time, as much as, you know, that one issue really got to me, with respect to this Commission in terms of the stuff we went through, I still believe that Comm Ricci has earned through her battles and her commitment the right to serve as vice president.  So while I seconded your nomination, certainly out of respect for you and Comm Chuck, I would be speaking in favor of retaining Comm Ricci for a second term, and you two young bucks will continue to chair two extremely important committees and there’s no question every program comes through your hands, every dollar comes through yours and those are not to be minimized in any respect. So I think that you two are doing a service to the Commission and I think our vice president has earned a right to serve a second term

Comm Richard: “Comm Hale, …well Mr. Connolly, I understand we have to go through this process, but it’s going to be quick, so let me say this.  I like the way you massaged that situation. You speak so well, and I have no problem with voting and having Comm Ricci as vice president. But I don’t think she earned the right to just be vice president. I think she earned the right to be president.  You saying she earned the right to be vice president, I think you also should say she earned the right to be president. I do understand what your saying, but I need to let you know that as a business owner, and starting a non profit organization, having 170 kids follow me in a positive direction, managing my own budget, writing proposals, handling my own business accounting, takes me beyond not being ready, as you stated,… not only am I ready to be vice president, but with confidence I’m ready to be the president of this commission.  Those are my comments in regards to this issue. I would like to yield to Comm Ricci and second her nomination for vice president.

Comm Hale: “I hear what you’re saying Comm Richard, but at the break I did speak with Comm Ricci and told her I felt she was ready for the Presidency.”

Comm. Chuck withdrew his nomination of Comm Richard, and Comm Hale withdrew his second.

Comm Richard nominated Comm Ricci for VP, Bonilla seconding. 

The question was called and upon roll call vote, the nomination carried 7-0.  and the vote for President was corrected by adding Comm Dupre’s vote in favor.

Comm Ricci thanked her fellow commissioners for their confidence in her, and especially for Comm Richard for yielding to her.

Comm Bonilla called for a retreat to be put on the next agenda.  Comm Hale offered to work with the Secretary to set up the retreat.

Comm Dupre thanked all the commissioners for all their time and commitment in weathering all the storms they have faced.

He asked that item #7 be put on the next commission meeting.  Comm Hale asked that this be put on the Finance Comm. agenda.  Comm Bonilla asked for the Title IVe manual from the Chief.

Comm Chuck asked for a one-page background paper on this issue.  The Chief offered to provide a copy of the manual to each commissioner.

(public comments)
Lonnie Holmes questioned Comm. Connolly’s participation in the elections, after such a long absence from Commission meetings.

6

(DISCUSSION) Report on bed rental plan for LCRS.
The Chief asked M.Lui and D. Sanders to report on this.  M.Lui presented an updated cost analysis of potential costs/revenues for rental of bed space, which showed 25 added beds. The bottom line of net revenues came to about $30K.

At a rental of 10 beds the net revenues were estimated at $420K.

D. Sanders and two of his staff went to Fount Springs to see how they contracted their beds.  He also mentioned a document, which showed that in 1984 the Dept had contracted beds to Merced County.  He gave copies of contracts that Fount Springs used, to the City Attorney to review. He is awaiting her response.

He said that Fount Springs charges $2,290./youth. (then he said $2,900/youth/month). He said that 20 beds at this rate gives you $696K per year.

Comm Ricci asked what he needed the Dept of Public Health for in regards to revenue development.  He replied that he needed to get the programs and staff certified.

The Chief said she is exploring on two levels; the ranch being a regional facility, and looking at the ranch as a treatment facility –mental health and alcohol and drugs.  She is talking for the last two months, to the Director of Menial Health about the possibilities.

She said she asked D. Sanders to go look at this other organization to see how they did bed rental.  Comm. Ricci asked what organization?  The Chief said that Fount Springs is the organization but it is not licensed as a ranch, but rents beds to other counties that do not have ranches.  It is a treatment center that can handle ‘level 12’ youth.  Log Cabin can only handle up to level 10 and would need to be classified to handle higher.

Comm Bonilla asked what the timeline is for implementing this?

The Chief said she wanted to look into contracting for beds whether they use them or not.  This would be a guaranteed income. She needs to identify the counties that do not have ranches and might need bed space.  But she did not have a timeline.

Comm Bonilla asked if they’d have something solid by April. The Chief said they might have some ground information but contracting takes time. It is premature to answer that question right now.

Comm Dupre repeated that both he and Comm Ricci asked that this be a recurring agenda item on future meetings, and in-depth at the committee level.

Comm Chuck proposed forming a committee to work with the Chief in coming up with a timeline and plan. He commented that it might be more important to develop a policy base and mission regarding Log Cabin, and not just concentrating on the need to find dollars.

Comm Hale expressed his disappointment at the Dept’s report on Log Cabin Ranch, saying it did not reflect the priority that the Commission has placed on the issue.  He supported creating an Ad Hoc committee, that reports to the Program Comm, to drive the process.   Comm Dupre appointed Comms Hale, Chuck and Ricci to the Ad Hoc committee, with Comm. Hale chairing.  He also asked them to consider finding “hard lease” money from places like the Board of Corrections, to maybe use Hidden Valley Ranch.

Comm Chuck asked what the directive of the committee would be.

Comm Hale said to develop a recommendation as to the implementation of renting bed space at Log Cabin Ranch.

Comm Bonilla asked for clarification, then, would the committee set goals to be reached at each new meeting?  Hale said yes.

Comm Dupre asked them to also look at the possibility of Hidden Valley Ranch.
(public comments)
Jim Fithian, Principal at LCR, mentioned the weakness in the area of publicizing what we do.  He suggested the Ad Hoc committee think about how we can market LCRS. Use the internet to reach out to others.

7.

(DISCUSSION) Report on maximizing Title IVe reimbursements.
Moved to Finance Committee.

(public comments)

8.

Public comment on any matter within the subject matter jurisdiction of the Juvenile Probation Commission
Lonnie Holmes congratulated the newly elected officers. He commented, “ and to you Comm Hale, your pontification is old news. I understand that at every turn you’re going to try to sabotage my name in the community, but guess what? To no avail. I understand what it’s about. I didn’t process the illegal contracts for your organization. There was nothing I could do about that, I was doing my job. So if you want to hold that against me for the rest of your life, more power to you. But again, I think the question that needs to be asked is, are you here to help the dept. or for personal gain? So your attacks against me, no one’s going to lose any sleep over that.”

Comm Hale: “you know, what I find refreshing, the need for qualified candidates at every turn, without exception, without politics, and if they can walk through  the front door with their own merits and not who they get to lobby, transition team, lobby whoever else, they might stand a chance of being respected. And when you’ve known somebody for years, and known their tactics and personality you tend to feel very confident in making certain statements.

9.

(DISCUSSION) Announcements, requests for future agenda items
Comm Bonilla repeated his request for a retreat.
(public comments)
there was none.
Comm Connolly asked that the meeting be adjourned in the memory of Judge Leonard Louie.

10.

(ACTION)  Adjournment
There being no further business, the meeting was adjourned at 8:15 pm. In the memory of

Judge Leonard Louie