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Whistleblower program reports rising complaint volume; committee requests external review of procedures

Government Oversight and Bond Oversight Committee · January 28, 2019
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Summary

The City Services Auditor presented a whistleblower program update showing rising complaint volume and timely-closure rates; committee liaison requested an external, line-by-line review of whistleblower procedures and training. A public commenter urged an audit of the Ethics Commission's handling of retaliation claims.

Tanya Lettajeux, the City Services Auditor's chief audit executive, and Steve Flaherty, principal auditor, presented an update on the whistleblower program. They summarized the program's authority under California Government Code §53087.6, San Francisco Campaign and Governmental Conduct Code Article 4, and San Francisco Charter Appendix F and described how the program receives and triages allegations of fraud, waste and abuse.

Steve Flaherty reported that the program opened the fiscal year with 82 open complaints, received 221 complaints so far in the fiscal year and closed 218, leaving 85 open at the midyear reporting point. The program's stated goal is to close 80% of complaints within 90 days; for the reported quarter they closed 82% of cases within that timeframe. Flaherty explained factors that lengthen investigations (multiple allegations or witnesses, interagency coordination, or evidence availability) and outlined outreach and transparency efforts such as quarterly public reports, fraud bulletins and webinars.

Committee liaison members who meet regularly with the whistleblower staff recommended engaging an external consultant to conduct a triennial-style review of the program's written procedures, training and operational practices (a line-by-line review of the rule book). The committee discussed scope and cost and requested to review the consultant scope before a final engagement; CSA staff said they would include the external review in their workplan and return a proposed scope and cost to the committee.

During public comment, Dr. Derek Kerr urged the committee to examine how the Ethics Commission evaluates whistleblower retaliation complaints and recommended a performance audit of that commission after noting historically low substantiation rates in Ethics Commission findings. The committee did not adopt a formal motion during the meeting but directed CSA staff to develop a scope for the proposed external review for future approval.