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Whistleblower program update draws public concern and calls for outside audit
Summary
City Services Auditor staff reported increased whistleblower complaints and high closure rates, but public commenters and committee members urged an outside review of the whistleblower system and the Ethics Commission's handling of retaliation claims.
City Services Auditor staff updated the committee on the whistleblower program's activities through fiscal 2017-18, reporting increased intake and a mix of dispositions, and noted outreach and training efforts intended to improve report quality.
"We came into the fiscal year with 54 complaints open," a whistleblower program representative said, later reporting 466 complaints received in the fiscal year and 438 closed. Staff described intake channels (online, 311, email, phone), a co-sourced investigative model that sometimes refers matters to departments with jurisdiction, and a goal to close 80% of complaints within 90 days; they said 85% of closed matters in FY17-18 met the 90-day target.
The program outlined legal authorities that guide referrals and jurisdiction: California Government Code 5387.6, San Francisco Charter Appendix F and the San Francisco Campaign and Governmental Conduct Code. Staff explained that certain allegations (criminal matters, ongoing DA or Ethics Commission investigations, or matters governed by collective-bargaining grievance processes) are referred to other bodies.
Public commenters raised concerns about perceived secrecy, potential conflicts of interest, and the Ethics Commission's record on sustained retaliation findings. Jerry Dratler, a member of the public, said the CSA operating budget has grown and asked what additional services residents receive; he recommended CSA prepare an input-output analysis and present it to the committee. Dr. Derek Kerr, identifying himself as a whistleblower, argued the program "labors under a moral hazard" because it is part of city government and urged an external audit of the Ethics Commission and broader whistleblower handling.
Committee members and CSA staff discussed limits on internal audits of the Ethics Commission to preserve investigative firewalls. Tanya Ledesjewski said an audit of the Ethics Commission would be inappropriate if conducted inside the controller's office because it could compromise independence; she said any such audit should come from outside the controller's office.
Several members asked CSA to propose an omnibus, outside review of how the city's system for receiving, referring and resolving complaints is working, and to bring design ideas for that review to a future meeting. The committee did not vote on an outside audit at this session.
