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San Francisco whistleblower hotline saw 19% increase in reports; staff aims to close 75% of cases within 90 days

San Francisco Ethics Commission · November 13, 2020
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Summary

Controller’s whistleblower program reported 599 new reports in FY2019–20 (a 19% increase), closed 585 cases with an average closure time of 64 days, and plans new outreach, training and a case‑management system to reach a 75% within‑90‑days closure goal.

Dave Jensen, supervising investigator for the Controller’s Office Whistleblower Program, presented the program’s fiscal year 2019–20 annual report to the Ethics Commission on Nov. 5.

Jensen told commissioners the program received 599 new reports in FY2019–20 — an increase of about 19% over the previous year — and closed 585 reports in the year with an average closure time of 64 days. The program closed 79% of closed reports within 90 days, near its prior goal of 80%.

"We were able to close 585 complaints, leaving us with 105 open on June 30 at the close of the fiscal year," Jensen said, summarizing intake, disposition and staffing practices. The whistleblower program uses multiple intake channels, assigns tracking numbers for each report and coordinates closely with departments, the City Attorney and the district attorney where appropriate. He said the program currently has three full‑time investigators plus part‑time staff and a network of about 90 departmental liaisons who handle many referred investigations.

Jensen and Enforcement Director Jeff Pierce described typical challenges: variable report quality (many reporters remain anonymous), evidence and witness availability, pandemic‑related delays from departments not fully set up to work remotely, and administrative limits in investigating some entities (for example, matters falling under the Department of Police Accountability). Jensen said the program closed 318 investigations in 2019–20, and 106 of those resulted in departmental corrective or preventative action.

Planned initiatives include two national webinars to share best practices, a new case‑management system (beta testing began during the meeting week), quarterly reporting and additional liaison training to standardize investigative procedures and reduce closure time.

Commissioners asked whether the program tracks dollar savings from investigations; Jensen said many complaints do not lend themselves to an easy dollar valuation, though some cases can be quantified. Commissioners also pressed protections for whistleblowers who report to elected officials or to the press. Jeff Pierce said the whistleblower protection ordinance was amended to provide protection to some reporters who reasonably believed they were reporting to the appropriate office, and the commission retains authority to impose civil penalties for retaliation and to recommend corrective action to departments, though remedies may be constrained by labor rules.

Next steps: the whistleblower program will pursue its staffing and process improvements, continue outreach to contractors and departmental liaisons, and return quarterly reports on program metrics and planned case‑management improvements.