Transcripts For SFGTV BOS Rules Committee 20200211 : vimarsa

SFGTV BOS Rules Committee February 11, 2020



mr. clerk? thank you, and can you please read number one. >> clerk: agenda item number 1 an ordinance amending the city code to authorize the city administrator identifying those departments that would qualify as business entities or associates under hipaa and to require the city administrator to develop and maintain a citywide hipaa policy. >> chair ronen: great, and i understand there will be a brief presentation? great. >> good morning, chair ronen and committee members. we have emily cohen from the mayor's office, and i have a very brief presentation for you about our hipaa covered entity designation ordinance. i'm also joined by bill barnes from the city administrator's office who will present on their part of the ordinance. so as i'm sure as most folks are aware, hipaa is the federal law that's to protect personal information. it allows large cities or municipalities to declare themselves a hybrid covered entity. san francisco has not, and it creates a large compliance burden for multiple city departments, even those that could not create activities. it increases our liability under hipaa, and it leaves gray area when it comes to compliance and data sharing. the ordinance that we have before you declares the city and county of san francisco a hybrid entity. i've been working with the controller's office and city administrator's office to determine which are covered entities and which are not. it's been a lengthy process, and we've consulted with a hipaa consultant to make sure we're following the process. a hipaa entity is essentially a health plan, a health care clearinghouse, or a health care provider who transmits health records electronically for medical purposes. most city departments do not perform those activities, and so the ordinance would declare us a hybrid, and under the ordinance, the city administrator's office will be responsible for maintaining a list of those city departments, and they must submit that list via resolution to this board within 30 days of passage and then no less than three years. should a city department's resolution change, a simple list brought before the board will list the remaining departments. i'm going to turn it over to bill to talk a little more. >> bill barnes from the city administrator's office. so as you know, the city administrator oversees the city's priorities through a charter amendment that was placed by supervisor peskin. and the city administrator would be responsible for developing and maintaining a hipaa policy. and the legislation is focused on the legal designation as a hybrid entity, but it's also focused on improving cross departmental sharing. one of the things that we hear from departmenting is sharing information on patients or clients. understanding which ones are hipaa and which ones are not will be a key reason why we share hipaa. i want to also acknowledge the city attorney's office which has been working with us on this for a while. going forward, each of the departments that is covered under this ordinance would have their own data policies, and for the members of the public and supervisors, we also oversee a program called data s.f. which classifies all data sets in the city based on their protected and that sorts of thing, and this fits neatly into the processes and data requirements that the city administrator already performs, and i'm available for any questions, as is emily. >> chair ronen: do you have a sense of the departments already that you expect will be covered by the -- by hipaa? >> sure. so we will make recommendations -- this committee that's been working will make recommendations to the city administrator's office. we expect the san francisco police department, the san francisco health plan, and the san francisco fire department to be the three entities that perform this. >>. >> chair ronen: i'm so happy this is finally happening. sometimes seeking data from departments that are not conforming with hipaa, they use hipaa as an excuse to not share that. if i could be added as a cosponsor, i would appreciate it. supervisor stefani? >> supervisor stefani: thank you, chair ronen. i'm wondered why we haven't been a hybrid designation and why now, when other counties in california already? why hasn't san francisco? >> you know, i'm not sure why we haven't gone through this process. city attorney ann pearson may be able to weigh-in. i was brought into this process, how do we involve data sharing for people involving homelessness. it's a much larger conversation beyond this issue, so i'm not sure what the delay was in doing it, but it's become clear that this is a simple and necessary first simp to ensuring our privacy and accountability for the departments that are covered. so certainly, the time is now. we shouldn't delay further. i would like to speak quickly to your point, chair ronen, that this is absolutely a big deal to help us improve how we share data and how we protect data. this is not the only privacy law that many departments are hopeful to you. there are other state and federal privacy laws that departments need to comply with. >> if i could just take a moment to supervisor stephanie's question, so just for the public and members of the board, we have been complying with san francisco general, laguna honda. i don't think this was needed when it first came out, but as things have come along, it's been clear that you need better rules of the road and better ordinance. i think when we first started, it was like our structure was sufficient to just operate with the city as a whole entity, and now the hybrid allows us more focus on meeting these requirements. >> supervisor stefani: okay. thank you. definitely, this is the thing to be doing. i just have one more questions in terms of what are the benefits that we expect to derive, excuse me, from becoming a hybrid designation? i know departments will be able to share information, but what does that look like in real life? how is that going to help people? is this going to help people get into recovery programs quicker? what exactly will it allow us to do? >> this will focus those added layers of cost and responsibility only on those departments that need to make those requirements. and so it will have, i think a benefit across departments. people who aren't covered by hipaa won't be bound by the same costs and regulatory requirements. a paramedic picks someone up, they drop them at the hospital. you have a firefighter at the fire department, a nurse they hospital, they're all covered. that's what we're trying to do. as it provides health coverage for all residents, it would make those programs more efficient. thank you. >> chair ronen: supervisor mar? >> supervisor mar: supervisor stefani asked the questions that i would have asked. i believe that health care is an evolving issue, so thank you so much for your work on this, and i would like to be added as a cosponsor. >> chair ronen: thank you. we'll open this up for public comment. is there any member of the public who wishes to speak? seeing none, public comment is closed. do you want to do the honors? >> supervisor mar: i would move this forward to the full board with a positive recommendation. >> chair ronen: and without objection, that motion passes unanimously. [gavel]. >> chair ronen: thank you so much. can you please read item number two. >> clerk: agenda item number two is a hearing to consider appointing three members, terms ending april 10, 2021 to the graffiti advisory board. madam chair, there are three applicants, and there are three seats. >> chair ronen: thank you. and i believe we have all applicants here. no? is devin jones here ? yes. come on up if you'd like to share anything with us. >> hi, hi. thank you all for having me -- sorry. my name's devin jones. i work for the san francisco pretrail diversion project. i wear a number of hats over there but one of my main focuses in pretrial diversion is i've been a member of the street services program for five or six years. are either of you familiar with san francisco pretrial diversion? okay. well, a little background. we act as an alternative to sentencing programs, so that's basically what we're most known for, and our main focus is to provide pretrial supervision for those pending legal court matters in san francisco. this ensures people are not just sitting in custody during the pretrial portion of their case, but the program i'm mostly involved in, sesp, our street environmental services program, my role has been to coordinate efforts to address graffiti in the committee. i supervise clients assigned by the court to deter future involvement by community service. and i supervise them by making them clean the graffiti themselves. we can address the issues facing the city by the ongoing struggles of graffiti vandalism. i'm also eager to learn of resources and bettopportunitie better focus those who view graffiti as art. we have discussions at our meetings between street art and graffiti. so while my work is mostly on addressing older teens and younger adults at vandalizing or defacing property, i'm looking forward to learn more in this seat, seat 12 if i am given this opportunity. thank you. >> chair ronen: thank you so much. thank you for your willingness to serve. it's really important, and your expertise is perfect for this body. really appreciate it. any other questions? no? thank you. >> thank you. >> chair ronen: is darcy brown here? no. and is daniel kling here? come on up. >> good morning. >> chair ronen: good morning. hi how are you? >> doing well, thanks. my name is daniel kling. i've served a couple of terms on the graffiti advisory board. i work for recology. i'm a san francisco homeowner. i have two children in the san francisco public schools, and i am a former public educator. i see the graffiti advisory board as an opportunity for me to give back to my adopted city. i came from chicago, and one thing that i really feel strongly about is, you know, helping san francisco be a clean, liveable, and blight-free city. so serving on the board is something that i can do to give back to the city and be a model to my kids. >> chair ronen: can you just tell us about any accomplishments that you feel that the board has made over the couple of years that you've been on it? >> sure. working with then supervisor now mayor breed on the graffiti penalties. i serve on the law enforcement advisory subcommittee, and working with the district attorney's office on the one main graffiti task force with sfpd, i think we've made good strides at getting graffiti vandals off the streets and hopefully not doing what they did anymore. if you look at the hibernia bank, and the graffiti there. that was thousands upon thousands of dollars, and we helped deal with that situation. i think there's some good value to be had. i think our analyzing databased on the 311 app and -- analyzing our databases on the 311 app has been extremely helpful in analyzing graffiti in the city. >> chair ronen: well, thank you so much. anybody like to speak on this, come on up. >> my name is sharon rose. i'm with san francisco pretrial diversion. i'm devin's supervisor. i just wanted to come and speak on his behalf. the past five or six years, he's been on the graffiti abatement program. he takes participants out to clean the streets of san francisco. he's a hard worker, dedicated worker, and i think he'll be a great asset to the board. so thank you for considering his application today. >> chair ronen: thank you so much. appreciate it. and seeing no more public comment, public comment is closed. [gavel]. >> chair ronen: are you familiar with miss brown? >> supervisor stefani: yes, chair ronen. i am very familiar with miss brown. she is one of my constituents, and i am fully confident in her ability to serve on this board. >> chair ronen: do you want to do the honors? >> supervisor stefani: sure. and i want to thank daniel and devin for their service. i'd like to make a motion to forward with full recommendation to the board to seat devin joans on seat 12, darcie brown in seat 13, and daniel kling in seat 15, and forward to the full board with a positive recommendation. >> chair ronen: without objection, that motion passes. thanks so much for your time today, and for coming on behalf. is there any other items today? >> clerk: there is no further business. >> chair ronen: then the meeting is adjourned. thank you. [gavel] >> he is a real leader that listens and knows how to bring people together. brought this department together like never before. i am so excited to be swearing in the next chief of the san francisco fire department, ladies and gentlemen, let's welcome, jeanine nicholson. (applause). >> i grew up total tomboy, athlete. i loved a good crisis, a good challenge. i grew up across the street from the fire station. my dad used to take me there to vote. i never saw any female firefighters because there weren't any in the 1970s. i didn't know i could be a fire fighter. when i moved to san francisco in 1990, some things opened up. i saw women doing things they hadn't been doing when i was growing up. one thing was firefighting. a woman recruited me at the gay-pride parade in 1991. it was a perfect fit. i liked using my brain, body, working as a team, figuring things out, troubleshooting and coming up with different ways to solve a problem. in terms of coming in after another female chief, i don't think anybody says that about men. you are coming in after another man, chief, what is that like. i understand why it is asked. it is unusual to have a woman in this position. i think san francisco is a trailblazer in that way in terms of showing the world what can happen and what other people who may not look like what you think the fire chief should look like how they can be successful. be asked me about being the first lbgq i have an understands because there are little queer kids that see me. i worked my way up. i came in january of 1994. i built relationships over the years, and i spent 24 years in the field, as we call it. working out of firehouses. the fire department is a family. we live together, eat together, sleep in the same dorm together, go to crazy calls together, dangerous calls and we have to look out for one another. when i was burned in a fire years ago and i felt responsible, i felt awful. i didn't want to talk to any of my civilian friends. they couldn't understand what i was going through. the firefighters knew, they understood. they had been there. it is a different relationship. we have to rely on one another. in terms of me being the chief of the department, i am really trying to maintain an open relationship with all of our members in the field so myself and my deputy chiefs, one of the priorities i had was for each of us to go around to different fire stations to make sure we hit all within the first three or four months to start a conversation. that hasn't been there for a while. part of the reason that i am getting along well with the field now is because i was there. i worked there. people know me and because i know what we need. i know what they need to be successful. >> i have known jeanine nicholson since we worked together at station 15. i have always held her in the highest regard. since she is the chief she has infused the department with optimism. she is easy to approach and is concerned with the firefighters and paramedics. i appreciate that she is concerned with the issues relevant to the fire department today. >> there is a retired captain who started the cancer prevention foundation 10 years ago because he had cancer and he noticed fellow firefighters were getting cancer. he started looking into it. in 2012 i was diagnosed with breast canner, and some of my fellow firefighters noticed there are a lot of women in the san francisco fire department, premenopausal in their 40s getting breast cancer. it was a higher rate than the general population. we were working with workers comp to make it flow more easily for our members so they didn't have to worry about the paper work when they go through chemo. the turnout gear was covered with suit. it was a badge to have that all over your coat and face and helmet. the dirtier you were the harder you worked. that is a cancer causeser. it -- casser. it is not -- cancer causer. there islassic everywhere. we had to reduce our exposure. we washed our gear more often, we didn't take gear where we were eating or sleeping. we started decontaminating ourselves at the fire scene after the fire was out. going back to the fire station and then taking a shower. i have taught, worked on the decontamination policy to be sure that gets through. it is not if or when. it is who is the next person. it is like a cancer sniper out there. who is going to get it next. one of the things i love about the fire department. it is always a team effort. you are my family. i love the city and department and i love being of service. i vow to work hard -- to work hard to carry out the vision of the san francisco fire department and to move us forward in a positive way. if i were to give a little advice to women and queer kids, find people to support you. keep putting one foot in front of the other and keep trying. you never know what door is going to open next. you really don't. [cheers and [gavel] and >> good morning, everyone. the meeting will come to order. welcome to the thursday, february 6, meeting of the government audit and oversight committee. i'm supervisor gordon mar, and i'm joined by supervisor peskin and supervisor matt hainy. and i would like to thank maya and corwin for staffing this meeting. mr. clerk, do you have any announcements. >> yes, thank you, mr. chair. please silence all electronic devices. your completed speaker cards and documents you have to be submitted as part of the clerk should be submitted to the clerk. >> thank you, mr. clerk. call item number one. >> an ordinance amendmenting the administrative code to require the police department to regularly report certain crime data, related to victims and other spi specified crimes. >> i wanted to ask deputy city attorney pearson if we have the final sort of amendments, and we're ready to move ahead with this item. >> no, i don't think you have the final amendments before you right now. my understanding is that my colleague is working to finalize them. and will let me and your aide know as soon as your ready to distribution. so you might want to hear the second item first. >> so since we're still waiting for some last-minute final amendments from the deputy city attorney, that has been working on this legislation, mr. clerk, can we hold off on this one and move ahead to item two right now? >> i told the people who were going to give public comment on it that it was going to be later. we could, but i just wanted to note that. >> um...well, actually maybe we can still move ahead. i have some introductory remarks on this item. i know there are some people here from the community for public comment. and then if the amendments hopefully get here in time, i could introduce those. does that sound okay? so why don't we move ahead with item number one. this legislation, which we're calling the crime victim data disclosure ordinance, will require that s.f. p.d. begin issuing quartering reports on the aggregated demographic evidence on crime victims. take to supervisors fewer and stefei. the lgbtq community and others city wide, i would like to thank them. the chinese-american citizens alliance, the chinese-american democratic club, visitation asian alliance, lgbtq democratic club, the jewish community relations council, the triangle neighborhood association, golden gate heights neighborhood association, sunset heights association of responsible people, for all submitting letters of summer for this legislation. the crime victim data disclosure ordinance will do the two t

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