Fire Commission - March 29, 2022
Agenda
Agenda full text
FIRE COMMISSION
Fire Commission Special meeting
March 29, 2022 – 10:00 AM
AGENDA
This meeting is being held by WebEx pursuant to Government Code Section 54953(e) and Mayoral Proclamations Declaring the Existence of a Local Emergency.
To join the meeting, use the following link:
Link address for attendees:
https://ccsf.webex.com/ccsf/onstage/g.php?MTID=e75d2955b61aaa1ee1bd28db5083f4421
Participating During Public Comment
Call 1-415-655-0001
Access Code: 2499 834 8793
Members of the public will have opportunities to participate during public comment. The public is asked to wait for the particular agenda item before making a comment on that item. Comments will be addressed in the order they are received. When the moderator announces that the Commission is taking public comment, members of the public can:
- Raise hand” by pressing * 3 and you will be queued.
- Callers will hear silence when waiting for your turn to speak. Operator will unmute you.
- When prompted, callers will have two minutes to provide comment.
- Ensure you are in a quiet location.
- Speak clearly.
- Turn off any TVs or radios around you.
Item No.
- ROLL CALL
|
President |
Katherine Feinstein |
|
Vice President |
Stephen A. Nakajo |
|
Commissioner |
Francee Covington |
|
Commissioner |
Armie Morgan |
2. Case No. 2021-17: hearing and deliberations on verified complaint filed with the COMMISSION by chief of DEPARTMENT [Discussion and possible action]
On November 3, 2021, Chief of Department Jeanine Nicholson filed a Verified Complaint with the Fire Commission against member for a non-disciplinary separation
This case may be heard in Closed Session pursuant to Government Code Section 54957(b) and San Francisco Administrative Code Section 67.10(b).
A. Public Comment on Special Meeting Agenda Item; Possible Closed Session
Members of the public may comment on all matters pertaining to Agenda Item 2 and whether to consider the matter in closed session. [Government Code §54954.3(a), Administrative Code §67.15(b)]
B. Votes on Closed Session
1. Whether to hold the hearing on the verified complaint in closed session [Action]
2. Whether to conduct deliberations in closed session [Action]
C. Hearing and Deliberations
1. Hearing on verified complaint (in open or closed session, per the Commission’s vote)
2. Deliberations and possible action on charges (in open or closed session, per the Commission’s vote) [Discussion and Possible Action]
D. If Closed Session is held, reconvene in Open Session
1. Report on any action taken in Closed Session as specified in California Government Code Section 54957.1(a)(5) and San Francisco Administrative Code section 67.12(b)(4).
2. Vote to elect whether to disclose any or all discussions held in Closed Session, as specified in San Francisco Administrative Code Section 67.12(a). [Action Item]
3. ADJOURNMENT
San Francisco Fire Commission
NOTICE OF COMMISSION PROCEDURES
Commission Meeting Schedule and Location
The Fire Commission will meet regularly on the 2nd and 4th Wednesday of each month at San Francisco City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. The second Wednesday in Room 416 at 9:00 a.m. and the fourth Wednesday in Room 400 at 5:00 p.m.
Commission Office
The Fire Commission Office is located at 698 Second Street, Room 220, San Francisco, CA 94107. The Fire Commission telephone number is (415) 558-3451; the fax number is (415) 558-3413. The web address is http://sf-fire.org/fire-commission-home. Office hours are from 7:30 a.m. to 4:00 p.m., Monday through Friday.
Language Access
Per the Language Access Ordinance (Chapter 91 of the San Francisco Administrative Code), Chinese, Spanish and or Filipino (Tagalog) interpreters will be available upon requests. Meeting Minutes may be translated, if requested, after they have been adopted by the Commission. Assistance in additional languages may be honored whenever possible. To request assistance with these services please contact the Commission Secretary at (415) 558-3451, or fire.commission@sfgov.org at least 48 hours in advance of the hearing. Late requests will be honored if possible.
Information on Disability Access
The hearing rooms in City Hall are wheelchair accessible. The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #42 Downtown Loop, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex. For more information about MUNI accessible services, call (415) 701-4485.
To obtain a disability-related modification or accommodation, including auxiliary aids or services, to participate in the meeting, please contact the Commission Secretary at least two business days before the meeting at (415) 558-3451 to make arrangements. Late requests will be honored, if possible.
To assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical-based products. Please help the City to accommodate these individuals.
Policy on use of Cell Phones, Pagers and Similar Sound-Producing Electronic Devices at and During Public Meetings
The ringing and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at Fire Commission meetings. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic device.
Documents for Public Inspection
Documents referred to in this agenda, if not otherwise exempt from disclosure, are available for public inspection and copying at the Fire Commission Office. If any materials related to an item on this agenda are distributed to the Fire Commission after distribution of the agenda packet, those materials, if not otherwise exempt from disclosure, are also available for public inspection at the Fire Commission Office, 698 Second Street, room 220, San Francisco, during normal office hours.
Know Your Rights under the Sunshine Ordinance
(Chapter 67 of the San Francisco Administrative Code)
Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the sunshine ordinance or to report a violation of the ordinance, contact the sunshine ordinance task force. You may contact the Sunshine Ordinance Task Force Administrator, as follows: Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689, Phone: (415) 554-7724, Fax: (415) 554-5784, E-mail: sotf@sfgov.org. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s Web site at http://www.sfgov.org.
San Francisco Lobbyist Ordinance
Individuals and entities that influence or attempt to influence local policy or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code sections 2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and Web site: http://www.sfgov.org/ethics/.
Minutes
Minutes full text
minutes of the Fire Commission Special meeting
March 29, 2022 – 10:00 AM
President Feinstein called the meeting to order at 10:02 a.m.
Item No.
- ROLL CALL
|
President |
Katherine Feinstein |
|
Commissioner |
Francee Covington |
|
Commissioner |
Armie Morgan |
Also present: Court Reporter Dianne Coughlin
Member
Chief Jeanine Nicholson
Deputy City Attorney Matthew Yan
Deputy City Attorney Brad Russ
Fire Commission Secretary Maureen Conefrey
2. Case No. 2021-17: hearing and deliberations on verified complaint filed with the COMMISSION by chief of DEPARTMENT [Discussion and possible action]
On November 3, 2021, Chief of Department Jeanine Nicholson filed a Verified Complaint with the Fire Commission against member for a non-disciplinary separation
This case may be heard in Closed Session pursuant to Government Code Section 54957(b) and San Francisco Administrative Code Section 67.10(b).
A. Public Comment on Special Meeting Agenda Item; Possible Closed Session
Members of the public may comment on all matters pertaining to Agenda Item 2 and whether to consider the matter in closed session. [Government Code §54954.3(a), Administrative Code §67.15(b)]
My name is Dan Yonts. I retired from the San Francisco Fire Department in 2021. In 2020 I was working out of the southern part of the city. We responded to many Covid positive patients. There were a lot of unknowns at the time, and I know of firefighters that made other living arrangements instead of going home and exposing their families to COVID. But there was never any hesitation, when responding to a call, to make entry and render the best possible care to every patient. I started doing a lot of research into SARS COVID-2 COVID-19 treatments, therapeutics, and prevention. I started taking Vitamin D due to the Cancer Foundation early on, which we know is significant for reducing the disparity of Covid. Chief Nicholson, you always treated me well when I was in the Department. Thank you for that. I can't imagine what it would have been like to run the Department during COVID. I can see how you wouldn't have had time to do your own research, so I assume you had to rely on the experts. Unfortunately, I believe you were misinformed. Today we have a lot more information. There is a direct correlation with COVID deaths and vitamin D deficiency. Early treatment is vital. Therapeutics are essential. COVID vaccines cannot prevent getting or transmitting COVID. T-cell immunity is much more robust. The vaccines availability under EUA legally cannot be mandated. The health order made provisions for medical and religious exemptions. These are good firefighters you are terminating. I know many of them, and I can vouch for the sincerity of their religious beliefs. Many of them pray for you and the commissioners. They are willing to wearing masks and get tested. SFFD is paramilitary. You relied on chiefs and officers to implement compliance back in 2020. That should be no different today. It takes courage to do the right thing, and more courage to recognize an error and change your ways. With the all new info available today, I encourage you to do the right thing and rescind these termination orders. Thank you.
PUBLIC CALLER: Thank you. Yeah, I've worked with Jessica, and I know Jessica, and here we are firing another minority female firefighter. It's kind of sad if you ask me. It's kind of interesting, if you look at the group that is left for all these hearings, you look at the diversity and the strongly held religious beliefs, which it's painfully obvious no one at these commission meetings care anything about that, so why don't I read some quotes. Here is from Rochelle Wolinski. I think she is important. She says, "What the vaccines can't do anymore is prevent transmission." Here is one from Anthony Fauci: "We know now that as a fact the vaccinated people with COVID-19 are capable of transmitting the infection to someone else." World health Organization Chief Scientist Soumya Swaminathan -- I don't know how to pronounce that last name: "At the moment, I don't believe we have the evidence of any of the vaccines to be confident that it's going to prevent people from actually getting the infection, and therefore being able to pass it on." Here is the Chief Medical Officer of Moderna: "There is no hard evidence that it stops the vaccinated from carrying the virus and potentially infecting others who" -- "and intentionally infecting others." The Surgeon General: "The infections can still happen whether people are vaccinated or not. That's very obvious." So we all know this. We all know that a vaccinated -- the hundreds and hundreds of vaccinated firefighters that all had COVID were capable of spreading it to others in the firehouse. No one has ever spread anything to a patient, not one single documented case, so this is kind of -- it's becoming a civil rights issue.
PUBLIC CALLER: Thank you. Good morning, everybody. You know, what we seen throughout this pandemic is that the firefighters, the police, other first responders, they worked throughout the pandemic when there was no vaccine or any injections. They did what they had to do to come to work and serve the public. The vaccines came later. And then we saw that the vaccinated kept getting sick even after taking the vaccines, not to mention the side effects. So to fire firefighters when the city is facing such a dangerous level of understaffing makes no sense at all. These people are good people who have served the city of San Francisco, the public of San Francisco. We know that the vaccines don't prevent transmission or infection. San Francisco Fire Department, Police Department, Muni, you name the department, they all had outbreaks. So firing this firefighter would be unscientific, not to mention unlawful and unconstitutional
PUBLIC CALLER: Do any of you see the absurdity of terminating these experienced trained firefighters yet? In addition to the fact that none of this makes sense, it's fiscally irresponsible. Think how expensive and how much time it takes to train a firefighter. It's flushing money down the toilet, and in the end who really pays the price? It's the workers left behind who are being worked to death, not to mention it's pretty dangerous to the health and safety of the public that they serve to work that number of hours, yet you are firing -- you are insisting on firing perfectly healthy, trained, and dedicated workers. The emergency workforce is exhausted. What are you doing? It's incredible to me that you all don't see the irony of firing a woman because she is strong, principled, and believes her medical choices are between her, her doctor, and her Creator. Her body is not your property just because she works for you. What kind of way is this to celebrate Women's History Month? This is a travesty. One day you all hang your heads in shame when the full truth of all this comes out. God help you.
PUBLIC CALLER: Good morning. Christopher Solis, prematurely retired, San Francisco Fire Department. Good morning, brothers and sisters. It's more than -- I want to start by thanking God for all of the unvaccinated firefighters from Santa Clara County and the San Jose Fire Department who have been invited back to work. I would also like to thank the good Lord for the unvaccinated firefighters of L.A. County for being invited back to work, as well as the 2,000 employees of United Airlines that have been invited back to work. It is my hope and prayer that all of you that sit in judgment of Jessica Lindsey today will be enlightened to the truth of the science, the low mortality rate of COVID, the fact that the shots do not prevent catching or spreading COVID. I will pray today for the softening of your hearts. May the good Lord have mercy on all of you. God bless you, Jessica.
Monica Lee, your time starts now. PUBLIC CALLER: I just want to say to my sister, Jessica Lindsey, that I'm very proud of you for standing your ground. And I am going to pray for all of you guys --Katherine Feinstein and Armie Morgan and all the commissioners, Jeanine Nicholson -- that you guys change your minds. And there's still time.I love you, Jess, and that's all I have to say.
PUBLIC CALLER: I want to thank this commission and the city employees present during this hearing. What you have effectively done with every one of these commission meetings is quite spectacular. You have shown how deeply corrupt the entire city government of San Francisco pretends to be, professional and courteous during these sessions. We are all under no illusion. These hearings are not fair or just. They are theater. You are all puppets playing games, telling lies, and trying to justify tyranny. And for who? Who do you work for? Who are you behind your ego and professional titles? At this point my guess would be you are all robots. What does your moral inner compass say to you? What you are doing is evil, and you are each contributing to abuse of employees. You are destroying families' livelihoods, firefighters' physical and mental health, and engaging in dangerous and destructive ways. You all know better. You have plenty of information at this point to realize that your health order is invalid, that denying religious exemptions is unconstitutional, and that natural immunity is far superior to the experimental vaccine that has already caused serious damage to current firefighters' lives. You don't consider anything any of these firefighters say. You are so committed to firing all of them that you don't even realize how much you are showcasing the corruption of this commission. This is a complete waste of time, money, and resources. The city government excels at wasting any and all beneficial resources in the name of keeping the public safe. Again, we are under no illusion. The last thing any of you care about is
PUBLIC CALLER: Yes. Good morning. This is Dana Pompeio, 24 years in the SFFD, forced to retire due to the mandate. I'm sure most of you remember the famous bumper sticker from the '60s and '70s, "Question authority." Today we are told to blindly trust the government and all of its agents as they defy their own rules. We've all seen the pictures of Breed, Newsom, Pelosi, and others. We are told to trust the science, or rather the scientists. The same scientists told us to stay home for two weeks to flatten the curve, flip-flopped on whether masks were necessary, and then said we need two masks. We were told the vaccine was going to prevent the spread of COVID, that it was safe, that it was FDA approved, and it would prevent trips to the hospital, which are all lies. Let's just take the fact that in December and 18 January the Department experienced a huge surge in COVID cases, well after the unvaccinated were not allowed to work. With a hundred percent vaccinated in the Department, and the city of San Francisco has an 83 percent vaccination rate, surely it's not the epidemic of the unvaccinated. As to the safety of the injections, I personally know several members that have had adverse reactions ranging from mild to severe skin rashes, unexplained aches and pains, brain fog, Guillaine-Barre symptoms, and myocarditis to name a few. You are asking us to trust in the pharmaceutical companies who time and time again have been proven to put profit before people. One of the vaccine producers, Johnson & Johnson, is now being sued for cancer cases linked to baby powder. They knew for years that it was unsafe, and yet still sold it, and now they are trying to get away with not paying their victims. This country was founded on people questioning authority. Benjamin Franklin' said, "It is the first responsibility of every citizen to question authority." Einstein said, "Unthinking respect for authority is the greatest enemy of truth." We just had Black History and Women's History Month honoring people who question authority. Here before you are people whose only crime is questioning authority. These are true leaders. They are making sacrifices that you will never understand. I'm sure their names won't be remembered, but this time will mark a stain in history when people were fired for maintaining their bodily autonomy, integrity, and constitutional rights.
PUBLIC CALLER: Thank you. We are all here today so we can again witness the eighth unlawful termination of these brave heroes. They will maintain their legacy as a firefighter, and they worked their way all the way through the pandemic without question, blindly going into harm's way to serve and protect the citizens of San Francisco. Their integrity and dignity and bravery is unquestionable. Their legacy will remain righteous, pure under the blessings of God. It is nonnegotiable. They will leave a legacy, and a legacy they worked so hard for. I ask the Fire Commission, the city attorneys, and panelists, ask yourself, what legacy will you leave behind? Upholding a complaint of a chief that failed to do everything in her power to find a second means of egress to accommodate these firefighters? Unlawful terminations of those that protected and served San Francisco? Forced injections that do not work? The time as a firefighter is limited. Your position in the commission is not guaranteed forever. One thing is for sure. The choice you will make today will be the part of the legacy you will leave behind. What you determine again today will be how you will be remembered, every single one of you. Jessica, stand proud. Your truthful legacy will always be remembered.
B. Votes on Closed Session
Member requested an open session.
1. Whether to hold the hearing on the verified complaint in closed session [Action]
2. Whether to conduct deliberations in closed session [Action]
Commissioner Covington Moved to hold deliberations in closed session. Commissioner Morgan Seconded. The motion was approved unanimously.
Convened in closed session at 1:03 p.m.
Also in closed session was Deputy City Attorney Brad Russi and Fire Commission Secretary Maureen Conefrey.
C. Hearing and Deliberations
1. Hearing on verified complaint (in open or closed session, per the Commission’s vote)
2. Deliberations and possible action on charges (in open or closed session, per the Commission’s vote) [Discussion and Possible Action]
Commissioner Morgan moved to find the Department proved by a preponderance of the evidence that member failed to comply with the City Health Order and the Department General Order and to uphold the Chief’s recommendation for a non-disciplinary separation. Commissioner Covington Seconded. The Motion was unanimously approved. (Ayes: Feinstein, Covington, Morgan)
D. If Closed Session is held, reconvene in Open Session
Reconvened in open session at 1:41 p.m.
1. Report on any action taken in Closed Session as specified in California Government Code Section 54957.1(a)(5) and San Francisco Administrative Code section 67.12(b)(4).
2. Vote to elect whether to disclose any or all discussions held in Closed Session, as specified in San Francisco Administrative Code Section 67.12(a). [Action Item]
Commissioner Morgan moved to not disclose discussions held in Closed Session. Commissioner Covington Seconded. The motion was unanimous.
- ADJOURNMENT: President Feinstein adjourned the meeting at 1:43 p.m.