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tv   [untitled]    February 18, 2013 10:00pm-10:30pm PST

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oh just a minute you all. have to wait for the caption and then we will be starting. okay. we're on. well, welcome to the show mayor's disability council this friday february 15 in room 400, san francisco city hall. council member will skip -- ship, sorry. i am nervous. you have to bear with me. chip will now read the introductions. >> good afternoon and welcome to the mayor's disability council this friday february 15 in city hall.
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please note that this meeting is accessible and ramp at polk street at the entrance is temporarily disrupted due to repairs. we appreciate your patience during this time and ask that you use the remaining entrances when visiting city hall. assistive listening devices are available and our meetings are captioned and agendas are available in large print and braille. please ask staff for additional assistance. to prevent interference with the sound system and help everyone focus on the presentations please turn off all owns and
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pda's or in vibrate mode. we welcome the public to comment. you may get a speaker card or please call us and you will be recognized. the meetings are the generally the third friday of month. to assist peoples with allergies, environmental illness or related disabilities please refrain from swearing scented products or when visiting the mayor's office disability office. thank you for helping us to provide
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meetings that are fully accessible to all people with disabilities. our next meeting will be on march friday 15 from one to 4:00 p.m. here in city hall in room 400. please call the mayor's office for further information or tty4 one five-5554, 6799. or you may email us at modat sof .org and please speak slowly into the microphone to assist our captioners and interpreters. we thank you for joining us.
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>> thank you skip. and now heather from the mayor's office on disability will now call the roll. >> (calling roll). >> and sary berget will be participating by the bridge line and mr. wong is excused absense. now the reading of the agenda. welcome introduction and roll call. action item, reading approval of the agenda. three, public comment, items not on the agenda but within jurisdiction of the mdc. each speaker is limited to three minutes. four,
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report from the chair. five, report from the director of the mayor's office on disability. six, presentation by bevan dufty, director of the mayor's office of hope. at 2:30 p.m. there will be a break. the council will take about a 10 minute break. seven, senior and disability action, a presentation by jessica lehman. eight, action item, cochair election. nine, report from the physical access submit. 10, a presentation from the sfmta advisory committee. 11, public comment, items not on today's agenda but within the jurisdiction of the mdc. again each speaker is limited to three
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minutes. 12 correspondence. 13, discussion item, council members comments and announcements. 14, adjourn. >> >> thank you. i have made some changes to the agenda. team six will be prepared before team five at 115 to accommodate our speaker's schedule. can i have a motion to a -- approve the agenda. >> i move it. >> second. >> okay. public -- so we're -- we're back on public comment. oh i am sorry you guys. this
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is my first time. we are definitely going to agree. we had a second. >> i second the motion. >> thank you very much. we all agree? >> aye. >> next is the public comment, and i have our public comment cards in front of us, so up for public comments you guys, and we might have to cut it a little bit short for our guests so you guys can be prepared out there. if you -- if we don't call you in time come around for the next one. thank you very much. today for public comment first we have ken stein. mr. ken. thank you very much.
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>> hello. it's good to see you all. i came to the last meeting and speak for about a minute or a little more than that to say that would be my last meeting. i didn't have an opportunity at that time to tell you why i was leaving to talk about what was going on. i have a prepared statement they would like to read to the council with your her mission. it will run a little over but i would like to read the entire statement. i think it's important to hear, the public, the council, as well as very important for me to say. >> yes, you have permission. >> thank you. my name is ken stein. for the 10 years i have been the program administrator for the mayor's office on disability which is the ada compliance office for the city and county of san francisco. i retired from city employment yesterday. on thursday february 14. my full retirement age under social security is not for another year and i had much
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and expected to work at mod for at least a few more years. it is impublic for me to do that. there is a fundamental contract between employees and employers. employees have the obligation to do their jobs well and employers have the obligation to keep their employees safe and protect their rights. my employee has violated that time and time again. for the past three years the city of san francisco has engaged in a blatant pattern and practice of discrimination. it has repeatedly violated my states under state and federal disability laws and its own written policies. time again the city attorney who has a sworn duty to enforce the law has advised the city to do things that against the law.
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in spite of clearly failed accommodations and multiple pleaos my part the city human resources' director and ada cord nailtors refused to meet with me and modify my accommodations as they are required to do by law. this for almost an entire year until i was made sick from paint exposure without advanced notification yet again this past april 2012 for the third time in three years. throughout this entire ordeal i made my appeals virtually known to every willful of government and i didn't have my rights or health protected. the city's behavior is
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reprehensible. it lied and covered up or seriously investigate or even to acknowledge or contact me regarding serious and documented claims of harassment and charges of discrimination as it is required to do under its own civil rights complaints procedures. from day one the city of san francisco has seen me not as a human being but as a legal problem and demands for my rights as an annoy ansz. it has seen as the primary responsibility not the protection of my health but the protection of itself and the employees and legal staff. as a consequence my health has been unnecessarily and permanently compromised. i have very much enjoyed the work i have done at the mayor's office on disability for the past 10 years and i
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have done it well. i am proud of the work that mod does to ensure compliance with the ada on the part of city departments with respect to city departments, and i have the greatest respect and admiration for all of my coworkers at mod, every single one of them. particularly as someone who has had the honor of being part of the movement for independent living, disability access and disability rights from the earliest beginnings 40 years ago and i couldn't work for the municipality that repeatedly and ashamedly violated my rights. in the united states constructive discharge has different
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meanings depending on the jurisdiction. in california the california supreme court defines it as follows: in order to establish a constructive discharge an employee must plead and prove by the usual preponderance of the evidence standard that the employer either intentionally or created or knowingly permitted these conditions that were so intolerable or aggravated at the time of the employee's resignation that a employer would realize that a reasonable person in the employee's position would be compelled to resign. no one in their right mind would continue to work under these most sorry circumstances. the city could have easily done the right thing all along and it consistently chose not to. i have done through appropriate state and federal legal processes throughout all of this, and
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these will take years to resolve. there will be a full federal investigation of my eeoc charges and i have every confident that justice will prevail at some point. there can never ever be any just compensation for what i have had to go through. the cost to my physical and mental health and successful career being pulled out from under me and all so unnecessarily. for now i thought it important to go out with whatever dignity i am able to maintain, and to publicly charge the city and county of san francisco with discrimination and constructive discharge. as many of you know the most difficult thing for an
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advocate is advocate for one oneself. as the former director herb levine wrote me recently "i am happy for you in your decision. you are being a role model by not sacrificing your health as you have been an advocate and spokesperson for others all these years .". in closing i would like to thank my friends and colleagues in the city and in the bay area and around the country for all your kindness and support throughout this ordeal, and most especially my wife ingrid. without her love i don't know how in the world i could have gotten through this. indeed i don't think i could have. thank you
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for giving me the time to speak today. >> thank you. skip. okay. donna will. -- donna wilma. >> [inaudible] >> i apologize if they're not in order. i just get them. i'm sorry. >> hello council memberrings. good afternoon . i am donna welmerand with consumer action and i am an advocate there.
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this is an emotional moment. i came here to say how much i'm going to miss ken stein as he leaves his position at the mayor's office on disability, and when i first started doing this work four years ago ken was one of the main go to people for me. he was someone who was available to guide me around ada issues to give help and support whenever i had a question i couldn't answer and i am very sad to see him go. i feel like i have been in many, many meetings with ken, and i feel like he's always been the conscience of the meeting regarding disability rights issues. i feel he never fails to raise the question on the top and i can how does this impact the disability committee? and i just wanted to say that we will miss him and his leadership.
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thank you. >> thank you. bob plant. >> eye bob planthold. i was fortunate some years ago to be given the beacon award from the disability council. some of you weren't on then. that's why i am reminding you of that, so now i want to turn around and ask you folks to consider what level of active involvement and advocacy you're actually showing , and i will suggest what to me is a simple project. here at city hall over the past few years i complained repeatedly that not all of the elevators on the floors ding and it's a
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varying situation from one time to the next. as you folks come in and out of the building for these and other meetings test them out and make a log. i made complaints over the years to ken. i have given up just because it's more than one person's data can provide and that's a simple thing. but when i ask about action i want to suggest that you folks could have a better impact if you were more visible than just at these meetings. i will give you examples. we don't see or hear from members of the council individually when there's board of supervisors committee hearings. your names do not show up on the board of supervisors communication lists and they list emails as well as written letters, so there's a lack of visibility on an issue. it may not be a disability
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issue. it could be street repaving or a housing issue but your names are not out there. the disability community is large and growing because you have more people living longer with disability. we have more seniors aging into disability and yet we are not as powerful as let's say the bike constituency. there aren't enough people active out there saying "we want this". saying "no" or asking "why or why not?" and i am suggesting you could help yourself and all of us by being much more visible, involved. even phone calls to your district supervisor. as i will tell you if you do that enough you will find out they don't respond. i have papered the supervisors, not just the official email but the staff by name, and as you will see maybe
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next week again they don't respond. there's another story i am involved in about the disabled and the supervisors do not respond. until more of you do it they will continue in that neglectful pattern. thank you. >> thank you. walter paulson. >> good afternoon mayor's disability council. i want to thank ken stein for his great work. it's too bad he is stepping down. "when will we be loved? we have been pushed down. when will the disability be loved? when a find a new city job they want. it always breaks my heart into two. happens every time. i have
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made -- we have been made blue. we have been lied to. when will we be loved?" and "you're sweet like a disability bee but left my heart in pain. all you left is a famous city song. why don't you bring better disability better along? it's the same disability old song with different item meanings since you have been gone. precious memories keep lingering on. why don't you bring it -- bring it good along? it's the same, same old city song but with a different meanings since you have been gone. precious
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memories gone. it's the same old song". thanks. >> thank you. james excuse me. can you please say your last name? i didn't want to mess it up. >> that's okay. keonsine. thank you commissioners. it's hard to follow that up. i'm sorry. the reason i am here is not address any of these specific issues but to honor and recognize a very loved and respected colleague and coworker and i just wanted to do that to mention ken by name and then
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acknowledge the loss that we as a community for advocate are for and people with disabilities and seniors are losing. i really enjoyed working with ken and ken is the one who helped us -- helped me personally be conscious about a lot of things, around issues. i will send the email and i get a call. it's ken. "james, listen you didn't make that visibly accessible. somebody who is blind didn't see that". so many times and i am telling you now when i send an e mate and control a select all and cut and put it in the text. it's simple. it's easy and it makes it easier for someone to read and it's little things like that ken helped me like that and they add up to a big thing. i want to share another thing and prior to my job here i was a discharge planner at a skilled
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nursing facility, a private one here in san francisco. i left -- let's just say i'm on the other side and doing advocacy improving medical rights but had a patient who was deaf and lived in sro and a couple other things going on and they didn't have a tty machine. i'm asking can we get a machine? no. we don't have one. somewhere in the basement or something and i remembered mayor's office on disability and "ken, where can i get one?" he said "you know i have an old one in my desk. you can borrow it". and i did that it made a difference in getting that guy situated and keep in mind this is one guy at a city job and had an old tty and loaned me. this was a major for profit place that wouldn't kick
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down the $150 to buy one. you should at least have one. i will keep i in my desk. it's things like that lead to a lot of big changes. it's a loss to me for someone like me to call and get information and the history of the struggle that people have been through and won so many ways and ken has been there on the front line scpis want to honor him and you're going to be missed ken and he's one of a kind and a community hero and that's all i wanted to say. thank you very much. >> thank you very much. yes he is. nancy cross. >> i am here to kind of give some idea of where i think we can make a difference in how
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things are implemented that come from this sector of the government. i think that it is not respected in the health department, public health department. the things that are necessary to really help people with disabilities and prevent disabilities, and [inaudible] the city in very expensive ways. we have a public health director who is neither a md nor a scientist. he kowtows to the human services agency to support their grant program from tobacco taxes by paying no attention to chemical impacts for disability or people with disabilities. for instance, painting inside a building or maintaining the
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smoke ban shelters where people get sick from less cognitive ability and leading to cancer and asthma. they pay no attention to it. this is like a gas chamber in the city of san francisco and maintained as a public shelter. and in the sro's everyone can smoke and no attention paid to the disability cause by breathing other people's smoke. no option to get smoke free housing at low cost under the auspices of the city. now, these things are provided for people that have money as tourists, 75% of the rooms reserved for dedicated non spoking in the hotels. it's not a matter whether you can smoke or not smoke and the
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predecessor didn't smoke or vice versa and 75% but not a single room in the city's sro's for the people coming out of the shelters. accommodate cigarette smoke and eventually so toxic themselves they go in to the environment in those places to be sick and 20 years shorten their life span. now i think one place we can put our mind to is the capability of these matters of the public health department and draw attention to that -- to the mayor, and i would like to see everybody make their choices so that people with disabilities can come visit them in their apartments and not just for themselves, but so the accommodations have access for people with disabilities to

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