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Public commenter accuses DBI staff and mayor of racism, calls for inquiry; commissioners note limits of public-comment process

Building Inspection Commission · August 15, 2012
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Summary

At the Aug. 15 Building Inspection Commission meeting a longtime DBI inspector publicly accused named staff of fraud and alleged racial hiring practices at DBI, and named Mayor Edwin M. Lee. Commissioners and the city attorney described limits on official responses to allegations made during public comment and asked staff to clarify formal complaint routes.

Spencer Gosh, a building inspector with more than two decades in city service, used the meeting’s public-comment period to make two serious charges: he asked the Commission to open an inquiry into whether “Pam Levin and Vivian Day have been involved in defrauding the department” in connection with the Qbatic project, and he alleged a pattern of racial favoritism in hiring and promotions inside the Department of Building Inspection that he called “racist,” adding the accusation that Mayor Edwin M. Lee had advised commissioners to follow the same course.

Gosh said he had shared written materials with the Commission previously and urged citizens to attend monthly meetings; he concluded his remarks by saying he planned to pursue what he described as “official misconduct.” The Commission did not take an immediate action on the allegations during the meeting; meeting leadership moved on to the scheduled agenda after public comment.

Commissioners and staff responded to the allegations at a procedural level rather than with substantive rebuttal. John Malmo of the City Attorney’s Office told the Commission that the city attorney’s office “does not respond affirmatively to allegations that are made at public meetings” and that the office will become involved if the DBI director or a commissioner brings a formal matter to the city attorney. Commissioner Walker said the allegations “deserve looking into,” but she acknowledged the Commission itself lacks the investigatory powers of the department or law-enforcement bodies.

The transcript shows no department response substantiating or refuting Gosh’s specific claims during the meeting. Commissioners requested a formal briefing, and Pamela Levin said staff would work with Department of Human Resources on scheduled presentations about hiring and personnel processes. Those presentations were set to return to the Commission in September. The meeting record does not indicate any formal ethics complaint or internal investigation was opened at the hearing itself; next steps, if any, were left to staff and formal channels.

The Commission’s procedural position — that public comment does not itself trigger a legal or investigatory response from the City Attorney’s Office — means that any follow-up would require either (a) a formal complaint filed through DBI or DHR, (b) a request from the DBI director to the city attorney, (c) or other formal action by commissioners. Commissioners indicated they would add personnel- and complaints-related items to a future agenda for further review.