Supervisors move to subpoena peer reviewer in Millennium Tower inquiry

Chair Aaron Peskin told the San Francisco Government Audit and Oversight Committee he would move to direct the Clerk of the Board to issue a subpoena to chief peer reviewer Jack Maley, requiring Maley to appear Jan. 12, 2017, at 9:30 a.m. and to produce documents related to the design, engineering, review and approval process for projects at 301 Mission Street and 80 Natoma Street.

The move follows multiple committee hearings about the Millennium Tower at 301 Mission Street, which Peskin said is "sinking and tilting," and lingering questions about whether independent peer review occurred for certain projects. "We have heard from DBI staff and others," Peskin said, and the committee wants Maley to "help us understand the peer review process" and his role reviewing AD Natoma and related projects.

Peskin read an email from Maley saying contractual matters had constrained his attendance and that he would appear only if subpoenaed; Maley also wrote that he would be overseas attending the 16th World Conference on Earthquake Engineering and asked that any appearance be scheduled before or after that conference (the email cited a Jan. 13 conference date). Peskin said he intended to "move forward with this" and thanked the clerk and city attorney for assistance.

A City staff member identified in the transcript as Ms. Gallego characterized the request as a routine subpoena duces tecum and said staff could assist once the Board approved the action. Supervisor Norman Yee said the public "deserves to know what the heck happened," and committee public comment included longtime seismic observer Charlie Marsteller urging careful technical review and noting prior reporting that flagged seismic risks in the South Market area.

The committee adopted a clerical amendment to correct a file number from 160975 to 161299 and agreed to forward the item, as amended, to the full Board with a committee report. The clerk also announced that items acted on would appear on the Board of Supervisors agenda on Jan. 10, 2017, and the subpoena hearing was read into the record for Jan. 12, 2017 at 9:30 a.m.

What the committee considered discussion versus action: the committee moved to request a subpoena (a formal direction to the Clerk) and adopted a clerical amendment; the record does not show a recorded roll-call vote on the subpoena motion in the transcript provided. The committee forwarded the item to the full Board for additional action.

The Board is scheduled to receive the committee report on Jan. 10, 2017; the subpoena hearing is set for Jan. 12, 2017. The committee left unresolved whether Maley could comply within the timeline given his disclosed travel and contractual constraints.