In 2012, while her investigation was ongoing, Hoeper's claim alleges that Herrera demoted her, closed the investigation and then fired her earlier that year. She claims that her demotion and firing were in retaliation for her own efforts to expose financial improprieties in the prosecutor's office – including her suspicions that someone was receiving kickbacks.

Herrera is out of town and cannot be reached for comment. In an email, his spokesman Matt Dorsey said the claim reflected “baseless allegations of misconduct by a disgruntled former employee.”

“Although we generally cannot discuss personnel matters, the circumstances of Ms. Hoeper's separation were thoroughly reviewed by outside counsel,” he continued, “and we are confident that the San Francisco District Attorney's Office will prevail over the case will be decided.”

Haase declined to comment and Rothschild did not respond to a request for comment.

Tree roots and sewer pipes

Hoeper's allegations involve several small plumbing companies whose activities have led to a flood of complaints from homeowners to police, city officials and even the FBI, according to documents and interviews. For years, salespeople from the companies went door-to-door in neighborhoods, claiming that the roots of city street trees were damaging homeowners' sewer lines and offering to replace them for free.

To get the job done, homeowners were asked to file legal claims with the state attorney general's office for up to $10,000. After the claims were settled, the homeowners were supposed to pay the money to the plumbing companies that replaced the sewer lines.

Some people who encountered the sellers suspected a scam.

Michael Zack and Odilon Vasconcelos, former operators of a hair salon on Guerrero Street, said in interviews that in 2011, a salesman for a plumbing company called Drainbusters Plumbing obtained their signatures under false pretenses, creating a $10,000 claim for one New hair salon submitted sewer line for her salon.

The claim was “ridiculous,” Zack said, because there was nothing wrong with the salon's plumbing and the nearest street tree was a sapling so far down the block that its roots couldn't possibly have reached the salon. Additionally, the men do not own the building and therefore cannot legally claim the repairs, he said. Still, prosecutors approved the lawsuit, court records show.

Zack was suspicious, emailed Mayor Ed Lee and other officials and eventually called Haase at the DA's claims office. Zack said the officer told him that the salesman's behavior was “unethical, but not illegal” and he asked Zack to turn over the $10,000 damages settlement that the city had paid him and Vasconcelos to the plumbing salesman .

A review of public records shows that from 2009 to 2011, San Francisco paid $8.9 million on about 1,100 claims in these cases.

At first, Zack and Vasconcelos were reluctant, but they ultimately paid the plumbing company the damage money after a small claims court judge ordered them to do so, records show.

In another case, the owner of a Mission District restaurant called police on a Drainbusters vendor in 2012 after he allegedly trespassed on a sewer cleanout, according to a police report. Apparently the seller wanted to convince the property owners that tree roots were damaging their sewers.

Riad Khano, owner of Drainbusters, said his company only performed necessary, city-approved repairs to sewer lines. The city saved significant costs by paying private sanitation companies to do the work, he claimed, calling Department of Public Works crews notoriously inefficient. The city has stopped paying for repairs to private sewer lines because of budget problems, he said.

A few people have complained about his vendors, Khano said, but the complaints are unfounded.

Claim the FBI tipped her off

In her lawsuit, Hoeper says the FBI alerted her to the alleged billing fraud in 2011 after agents received a series of complaints from homeowners. Hoeper hired two investigators to investigate.

She concluded that the city had no legal obligation to pay the claims. No city in California routinely pays for tree root damage to private sewer lines, she said in her lawsuit, and neither has San Francisco for most of its history. But beginning in 2002, prosecutors began approving these claims, sometimes within days of their filing.

She claimed that her investigation found case after case where sewer lines were replaced even though there was no sign of damage or the bills were clearly padded.

In 2012, six months after it began, Hoeper said she told Herrera about her investigation. Herrera asked her for a written report, she said. Shortly after reviewing the matter, he dismissed her as the main trial representative and transferred her to the public prosecutor's office, according to her statements. She said she was fired last January, the day Herrera was sworn in for his fourth term.

A review of public records shows that from 2009 to 2011, San Francisco paid $8.9 million on about 1,100 claims for damage to sewer property or tree care problems that the city described as sewer line damage, which included root damage to private sewer lines could belong. The average payout was about $8,000. Around 140 applications were rejected. In a few cases, the payments went to plumbing companies. Normally the payment went to the property owners.

Public records also show the city stopped paying for private sewer repairs shortly after Hoeper said she reported to Herrera.

City records show that on June 20, 2012, Edward Harrington, then general manager of the San Francisco Public Utilities Commission, issued a memo stating that no “tree root intrusion” claims should be paid, it said unless he or the city's construction manager personally approved them in advance.

Since then, court records show prosecutors have successfully defeated several small claims lawsuits from homeowners seeking damages for tree root damage to their sewer lines. In court, the city's lawyers contend that the city was never responsible for the cost of such repairs.

Herrera, the city's top law official since 2001, has built an image as a champion of good government and consumer protection. Hoeper was one of Herrera's closest collaborators for years.

In 2003, when a legal newspaper named Hoeper one of the “Top 50 Women Trial Lawyers” in California, Herrera issued a press release praising Hoeper for her efforts to combat public corruption.

Hoeper's claim states that Rothschild, the head of the claims office, was outraged by her investigation into his unit.

According to her account, Rothschild confronted her and angrily declared, “I will not tolerate this.” In another encounter before her demotion, Hoeper claimed that Rothschild accused her of “picking up” his assistant and threatened a “hunger strike, if she continues with the investigation.”

In her lawsuit, Hoeper is demanding reinstatement and back pay and other damages.

This story was edited by Amy Pyle and copied by Christine Lee and Nikki Frick.

The post S.F. Lawyer Claims She Was Fired for Investigating Suspected Cost Rip-off appeared first on DAILY SAN FRANCISCO BAY NEWS.

In 2012, while her probe was underway, Hoeper says in her claim that Herrera demoted her and shut down the investigation, and then fired her earlier this year. She contends that her demotion and firing were in retaliation for what she said were her efforts to expose financial improprieties — including her suspicion that someone was receiving kickbacks — in the city attorney’s office.

Herrera is out of town and unavailable for comment. In an email, his spokesman, Matt Dorsey, said the claim reflected “baseless allegations of wrongdoing from a disgruntled former employee.”

“While we generally cannot discuss personnel issues, the circumstances of Ms. Hoeper’s separation were thoroughly reviewed by outside counsel,” he continued, “and we’re confident that the San Francisco City Attorney’s Office will be vindicated when the case is adjudicated.”

Haase declined to comment, and Rothschild didn’t respond to a request for comment.

Tree Roots and Sewer Lines

Hoeper’s allegations concern several small plumbing companies whose activities have prompted a flurry of homeowners’ complaints to police, city officials and even the FBI, according to documents and interviews. For years, salesmen for the companies went door to door in residential districts, claiming the roots of city street trees were damaging homeowners’ sewer lines and offering to replace them for free.

To get the work done, homeowners were told to file legal claims for as much as $10,000 with the city attorney’s office. After the claims were paid, the homeowners were supposed to pay the money to the plumbing contractors, who replaced the sewer lines.

Some people who encountered the salesmen suspected a scam.

Michael Zack and Odilon Vasconcelos, former operators of a hair salon on Guerrero Street, said in interviews that in 2011, a salesman for a plumbing company called Drainbusters Plumbing had obtained their signatures under false pretenses and used them to file a $10,000 claim for a new sewer line for their salon.

The claim was “ridiculous,” Zack said, because nothing was wrong with the salon’s plumbing, and the nearest street tree was a sapling so far down the block that its roots couldn’t possibly have extended to the salon. Besides, the men didn’t own the building and thus legally couldn’t file a claim for the repair, he said. Nevertheless, the city attorney’s office approved the claim, court records show.

Suspicious, Zack emailed Mayor Ed Lee and other officials and ultimately called Haase in the city attorney’s claims bureau. Zack said the official told him that the salesman’s conduct was “unethical but not illegal” and told Zack to turn over to the plumbing salesman the $10,000 claim settlement the city had issued to him and Vasconcelos.

A review of public records shows that from 2009 to 2011, San Francisco paid $8.9 million on about 1,100 claims in these cases.

At first, Zack and Vasconcelos balked, but ultimately they paid the claim money to the plumbing company after being ordered to do so by a judge in small claims court, records show.

In another case, the owner of a Mission District restaurant called police on a Drainbusters salesman in 2012, after he allegedly pried open a sewer cleanout without permission, according to a police report. The salesman apparently was hoping to convince property owners that tree roots were damaging their sewers.

Riad Khano, owner of Drainbusters, said his company did only necessary, city-authorized sewer line repairs. The city saved significant money by paying private plumbing companies for the work, he claimed, calling Department of Public Works crews notoriously inefficient. The city stopped paying for repairs to private sewer lines because of budget problems, he said.

A few people had complained about his salesmen, Khano said, but the complaints were unfounded.

Claim That FBI Tipped Her Off

In her claim, Hoeper says the FBI tipped her to the suspected billing scam in 2011, after agents received a series of complaints from homeowners. Hoeper assigned two investigators to the probe.

She concluded that the city had no legal responsibility to pay any of the claims. No city in California routinely pays for tree root damage to private sewer lines, she said in her claim, and for most of its history, San Francisco didn’t either. But starting in 2002, the city attorney’s office began approving those claims, sometimes within days after they were submitted.

She contended that her probe found case after case in which sewer lines were being replaced, even though there was no evidence of damage or bills obviously were padded.

In 2012, six months after it began, Hoeper said she told Herrera of her investigation. Herrera asked her for a written report, she said. Soon after reviewing it, by her account, he removed her as chief trial deputy and transferred her to the district attorney’s office. She said she was fired last January, on the day Herrera was sworn in for his fourth term.

A review of public records shows that from 2009 to 2011, San Francisco paid $8.9 million on about 1,100 claims for what the city described as sewer property damage or tree maintenance issues, categories that could include root damage to private sewer lines. The average payout was about $8,000. About 140 claims were rejected. In a handful of cases, payments went to plumbing companies. Usually, payment went to property owners.

Public records also show the city stopped paying for private sewer repairs soon after Hoeper says she made her report to Herrera.

On June 20, 2012, city records show that Edward Harrington, then the general manager of the San Francisco Public Utilities Commission, issued a memo saying no claims for “tree root intrusion” should be paid unless he or the city’s public works director personally approved them in advance.

Since then, court records show the city attorney’s office has successfully defended several small claims lawsuits brought by homeowners seeking compensation for tree root damage to their sewer lines. In court, the city’s lawyers contend that the city never has been responsible for paying for such repairs.

Herrera, the city’s top legal officer since 2001, has cultivated an image as a champion of good government and consumer protection. For years, Hoeper was one of Herrera’s closest aides.

In 2003, when a legal newspaper named Hoeper one of the “top 50 women litigators”in California, Herrera issued a news release praising Hoeper for her efforts to stamp out public corruption.

Hoeper’s claim says Rothschild, the claims bureau chief, was outraged by her investigation of his unit.

By her account, Rothschild confronted her, angrily declaring, “I will not stand for this.” In another encounter before she was demoted, Hoeper asserted that Rothschild accused her of “picking on” his assistant and threatened a “hunger strike if she persisted with the investigation.”

In her claim, Hoeper asks to be reinstated and awarded back pay and other damages.

This story was edited by Amy Pyle and copy edited by Christine Lee and Nikki Frick.

The post S.F. Lawyer Claims She Was Fired for Investigating Suspected Cost Rip-off appeared first on DAILY SAN FRANCISCO BAY NEWS.

A state appeals court upheld $5 million in damages and attorneys’ fees Thursday to a former San Francisco deputy city attorney who was fired after investigating questionable city payments to plumbing companies.

Joanne Hoeper, an 18-year veteran of the office who was then serving as chief trial deputy to City Attorney Dennis Herrera, was removed by Herrera in August 2012 after presenting the findings of her investigation. He transferred her to a temporary position at the district attorney’s office, and then dismissed her from that post in January 2014.

Hoeper had been alerted in December 2011 to a pattern of rising payments by the city to sewer companies for alleged damage to sewer lines by the roots of city-owned trees. She said she determined that the tree roots were not actually harming the sewer lines, that city payments to the companies had soared from $142,000 a year to $4 million in a decade, and that two city attorney staffers had approved dubious payments.

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Her report to Herrera said that some plumbing companies were defrauding the city and that San Francisco was paying inflated prices to replace sewers that did not need replacement. Hoeper said she found no evidence of kickbacks or corrupt practices by city employees, but said one staff member was wrongly accepting claims from the plumbing companies rather than the property owners.

Hoeper was distraught about her removal from the office and said she told Herrera she had turned down a job offer from then-Attorney General Kamala Harris in 2011 after Herrera assured her she had a future in the office.

When she sued over her firing, however, the office denied retaliating against her and said Herrera had decided to replace her years earlier for other reasons,compounded by “her exercise of poor judgment in dealing with the investigation.”

But a Superior Court judge found in March 2017 that the dismissal was retaliatory and had violated Hoeper’s rights under the state Whistleblower Protection Act. She was awarded $2.63 million in damages and $2.4 million to reimburse her attorneys.

In Thursday’s ruling, the First District Court of Appeal in San Francisco said the evidence “amply supports” the jury’s conclusion that Hoeper’s sewer investigation was a factor in her firing. The court also said the dismissal and the surrounding circumstances effectively ended Hoeper’s 30-year legal career, supporting damages for lost income and emotional distress.

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On another issue, the court rejected the city’s argument that much of the evidence Hoeper presented should have been excluded because it involved confidential attorney-client interchanges between Herrera’s office and the city.

San Francisco waived any such confidentiality by releasing parts of its report, including its condemnation of Hoeper’s performance, to The Chronicle and another publication, the Westside Observer, Justice Peter Siggins said in the 3-0 ruling.

“This decision supports whistle-blowers who risk their careers to stand up to corruption in government,” said Hoeper’s lawyers, Karl Olson and Therese Cannata.

John Coté, a spokesman for Herrera, said the case was simply an employment dispute, and that no court had made any finding of corruption.

“Sometimes juries get it wrong, and that’s what happened here,” Coté said in a statement. “It’s unfortunate the court did not recognize that the city attorney had ample legitimate reasons for terminating Ms. Hoeper.”

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The post Appeals courtroom upholds $5 million award to SF deputy metropolis legal professional who was fired appeared first on DAILY SAN FRANCISCO BAY NEWS.

There’s a narrative about San Francisco that is as persistent as it is incorrect: The city’s post-pandemic struggles are the result of progressive policies run amok.

This was certainly the sentiment behind billionaire Elon Musk, who reportedly lives in Texas, calling for me, a democratically elected representative in San Francisco, to be “fired.” His post on X, formerly Twitter, alleged that I was arguably the person “most responsible for the destruction of San Francisco.” In late September, he wrote that I “should go to prison.”

If one believes the constant drumbeat from the billionaire class, socialist policies and ideas are standing in the way of a safe, affordable and well-functioning city. But this is a classic case of projection. The reality in San Francisco is that a combination of the real estate industry, large tech companies and billionaire venture capitalists have driven massive inequity here, leaving the overwhelming majority of people unable to afford the cost of living. This has resulted in mass displacement of low-income communities and persistent homelessness.

The latest installment of this story, however, is not widely recognized. A global pandemic sparked the adoption of many progressive policies, but when these policies started working, billionaires lashed back ferociously. That’s what we’re seeing right now. The very solutions — federal, state and local — that were working in a crisis to save lives, extend a hand to those in need and improve our city have been falsely declared failures in a self-serving effort by the rich to prevent fair taxation and a more equitable society.

Related Story

The groundbreaking affordable housing victory in San Francisco could serve as a blueprint for other cities to follow.

Pandemic Programs See Success in SF

In 2020, San Francisco was among the first cities to shut down in the face of the pandemic. We did some things right, especially in our public health response. We also took some major steps — mostly out of necessity — that progressives have been urging for years. To put it simply, they worked.

We banned evictions and launched unprecedented rent relief programs, resulting in the lowest pandemic eviction rate of any city in California. We funded workers with a “Right to Recover” to provide income while recovering from illness. We offered free health care connected with COVID-19, including vaccines, boosters and testing for everyone. We opened the city’s first safe consumption site which helped 400 people per day, moving drug use off the streets and reversing hundreds of overdoses.

We rented hotel rooms at shelter-in-place hotels and moved those experiencing homelessness from the streets to safety, something first piloted in my district. We purchased buildings for supportive housing at unprecedented rates. As a result, unsheltered homelessness decreased by 15 percent, and overall homelessness dropped by 3.8 percent. In a global pandemic, when our mass shelters were shut down, San Francisco was one of the only cities in California where homelessness decreased — at least, until the billionaire backlash.

Importantly, we taxed the richest of the rich to do this. In the middle of a pandemic, when pundits warned that no taxes would pass, voters overwhelmingly passed taxes on big corporations and billionaires to fund basic human needs like housing and health care. Our progressive taxes have raised hundreds of millions of dollars and saved San Francisco from deficits for three straight years during the pandemic.

Make no mistake about it: These advances toward a more equitable city were a major threat to some interests.

Wealthy Interests Strike Back

The billionaire class saw what was happening: Voters were willing and eager to tax the rich to fund social programs that were working. Even their millions of dollars donated to campaign committees weren’t working to stop left candidates and progressive taxation. In response, they launched the all-out political and media offensive that we’re witnessing now.

Billionaire investor Michael Moritz epitomizes the problem. He’s poured millions into his own “news” site to produce political hit pieces and celebrate reactionary policies, created countless bogus “civic organizations” that are the list-building part of the echo chamber, and funded toxic political action committees that engage in little more than character assassination and disinformation. Moritz, and billionaires like Musk, Bill Oberndorf and Jason Calacanis, are attempting a hostile takeover of San Francisco. They want a government that works for the rich and nobody else.

San Franciscans are living the impact. The real estate industry, venture capitalists, tech billionaires and conservative interests sprung to action after the first two years of the pandemic to reverse the successes of progressive initiatives. Here’s what they and their political allies have done: They recalled a reform district attorney, massively increased police budgets to ramp up the war on drugs, and launched a campaign to arrest people for drug use. Crime hasn’t gone down, overdoses have increased, and in neighborhoods like the Tenderloin, shootings have gone up and become more brazen as drug markets are disrupted with no comprehensive plan.

They blocked affordable housing that could be housing thousands of working-class San Franciscans, refusing to spend money raised by voters and appropriated by the Board of Supervisors to fund acquisition of housing for community land trusts, limited equity co-ops and other forms of affordable housing. As a result, working people continue to leave San Francisco in search of affordable homes.

They cut tens of millions from the San Francisco-Marin Food Bank’s budget and allowed the slashing of food security payments that were nearly $300 per month to under $30 per month, impacting 100,000 San Franciscans, and causing hunger and desperation for families across the city.

They shut down the sole overdose prevention site in our city without a replacement. Since it was shut down, drug use on United Nations Plaza and around the site has gotten much worse, and San Francisco’s overdose fatalities have surged.

There’s a pattern here. Evidence-based solutions were working and voters were willing to keep taxing the rich to fund them. So the billionaire class launched multimillion-dollar misinformation campaigns. In place of proven solutions, they are pushing a war on the poor, and predictably, homelessness, crime and drug overdoses are increasing. Policies that punish the poor and deny people their basic needs are the cause, not the solution, of our current problems, and the last few years prove it.

We know what works, and we need more of it: Supportive housing for those experiencing homelessness. Investments in things that actually keep communities safe, rather than just giving unlimited money to police with no accountability. Overdose prevention sites to lower overdose deaths and connect people to the help they need, including drug treatment. Public investment — soon through a public bank — in affordable housing, small business and green infrastructure. And yes, further taxation of the rich who remain significantly undertaxed in our society.

These things freak out the billionaires, but they work, and no amount of corporate spin will change that.

The stakes have never been higher (and our need for your support has never been greater).

For over two decades, Truthout’s journalists have worked tirelessly to give our readers the news they need to understand and take action in an increasingly complex world. At a time when we should be reaching even more people, big tech has suppressed independent news in their algorithms and drastically reduced our traffic. Less traffic this year has meant a sharp decline in donations.

The fact that you’re reading this message gives us hope for Truthout’s future and the future of democracy. As we cover the news of today and look to the near and distant future we need your help to keep our journalists writing.

Please do what you can today to help us keep working for the coming months and beyond.

Copyright © Truthout. May not be reprinted without permission.

The post Elon Musk Needs Me Fired. The Folks of San Francisco Need Him Taxed. appeared first on DAILY SAN FRANCISCO BAY NEWS.

By Levi Sumagaysay

Twitter has fired unionized janitors in apparent violation of San Francisco law.

San Francisco City Attorney David Chiu said Tuesday that he will look into the loss of Twitter janitors’ jobs, which appears to be in violation of San Francisco law.

Members of the SEIU Local 87 went on strike Monday as their contract was set to expire Dec. 9. The contractor that employed them is set to be replaced by another contractor that Twitter would not disclose to the union, according to Olga Miranda, president of the union local. Twitter then moved up the janitors’ last day on the job to Monday, she said.

According to San Francisco law, when a company changes contractors for security or janitorial services, the contractor is supposed to rehire workers for at least 90 days after the transition.

When contacted by MarketWatch on Tuesday, Chiu said: “Elon Musk has a long history of flouting labor laws. While I’m not surprised this happened, I feel for those workers as well as all Twitter employees and contractors who have been laid off. We will be looking into this further.”

Miranda said 48 janitors in total are affected, 30 of whom were waiting to go back to work because many Twitter employees had been working from home and not as many janitors were needed.

San Francisco-based Twitter, whose communications team was reportedly almost entirely laid off at the beginning of November after Musk bought the company, has not returned a request for comment. Musk has cut about half of the company’s pre-acquisition workforce of 7,500 since he took over.

Also Tuesday, Ted Goldberg, a senior editor at KQED, San Francisco’s public radio station, tweeted that the San Francisco Department of Building Inspection is launching an investigation into news reported by Forbes that Twitter has set up bedrooms for employees at its headquarters.

“We need to make sure the building is being used as intended,” a representative of the department told KQED News.

– Levi Sumagaysay

(END) Dow Jones Newswires

12-07-22 1251ET

Copyright (c) 2022 Dow Jones & Company, Inc.

The post Twitter’s fired janitors and workplace beds are being investigated by San Francisco officers appeared first on DAILY SAN FRANCISCO BAY NEWS.

Last week, the U.S. Ninth Court of Appeals overturned the National Labor Relations Board’s (NLRB) 2014 labor dispute ruling. The court ruled that administrators in San Francisco were illegally dismissed by their employer in 2014 for picket lines in an office building, MSN reports.

In the fall of 2014, caretakers from Preferred Building Services asked Service Employees International Union (SEIU) Local 87 for help clearing their concerns about low wages, poor working conditions and alleged sexual harassment from their manager – Rafael Ortiz, owner of Ortiz. clear out janitorial services.

The President of SEIU Local 87 suggested that the guards picket outside their employer’s building, which the workers did on October 29, 2014 and November 19, 2014. In response, Ortiz fired four of the pickets. The custodian employer, Preferred Building Services, terminated its contracts with Ortiz Janitorial Services and the building’s management company, Harvest Properties, 30 days later, and many of the remaining custodians were laid off.

SEIU Local 87 filed a lawsuit with the National Labor Relations Board (NLRB) alleging that Preferred and Ortiz had committed unfair labor practices and fired custodian employees for picket and union activities. The NLRB sided with the employer and ordered the complaint to be dismissed in its entirety. The union filed a petition for review with the U.S. Ninth Court of Appeals.

The court ruled 3-0 that the employees were illegally dismissed and sided with the union. The judicial commission said the pickets acted lawfully and were entitled to seek assistance from tenants.

The post Court docket Finds San Francisco Custodians Illegally Fired for Picketing appeared first on DAILY SAN FRANCISCO BAY NEWS.

SOUTH SAN FRANCISCO (CBS SF) – Police are investigating after multiple shots were fired at a house in South San Francisco early Monday morning.

Just after 1 a.m., officials were called to the Serena Court area after gunfire was reported. After an extensive search, no suspects or evidence were found.

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At around 2 a.m., police received a call from a local resident who was returning to his home on 200 block on Verano Drive, not far from where the officers were called earlier that night. The resident said he found several bullet holes in his home and on the windows.

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He had no information about a suspect and didn’t know why someone would shoot into his home, police said.

There are no immediate reports of injuries.

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Police said the investigation was still ongoing. Anyone who witnessed the shooting or has information about the case is encouraged to contact the South San Francisco Police Department at 650-877-8900 or at 650-952-2244 or at tips@ssf.net to contact the competent authority.

The post Photographs Fired Into South San Francisco Dwelling In a single day – CBS San Francisco appeared first on DAILY SAN FRANCISCO BAY NEWS.