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tv   [untitled]    May 10, 2015 9:00pm-9:31pm PDT

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good afternoon everyone. thank frz coming this afternoon. this is public
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safety and nairfbd service committee of san francisco board of supervisors. it is thursday may 7th, 2015. from sfgtv we are televised by scot wiseman and gym smith. the clerk is mr. evans. >> silence ocell phones and [inaudible] should be submit today the clerk. items acted upon will appear on may 19 board of supervisors agenda unless otherwise stated >> we have 2 items, the first is hearing on development of city college of san francisco and the second is a waver of sth banner fee at loten alternative school. >> item one is recent development pertaining to city college of san francisco
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>> thank you. this is cosponsored by myself supervisors camp osand kim. i will give opening remark jz and my auleges if they like to give opening remark jz we'll hear presentations from the college and president [inaudible] and coalition to sieve silly college. we are hear today after over 3 years of struggle to save our san francisco city college. i wanted to first give tremendous respect sw prop tooz the coalition of students, faculty and staff and communities that have come together for several years of struggle to make sure that we save city college and we put the stories of how city college changed spoe many peoples lives, lifted people outd of
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poverty and really lifted thup communities with artistic organizations, creativity and political leadership ofern the years. we are also looking today at the status och city college gichben the various law suits and we'll hear a lease for the civic camp squs 6 year laes and thank the chancellor and president [inaudible] for that great news yesterday. we'll also hear from the hundreds of student that took over [inaudible] hall that rallied from noon to 6, some that are here today to address key ish lieus like cuts in classes and changes in payment policy and in many ways different policies i think the students and some are saying are harming the most vulnerable students at the college. also we'll learn more about the
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stities on how the city can be supportive of city college and also how city college is meeting a strategy fooregain the 25 percent of drop of enrollment so it is a successful school for the future and democratic institution as well as it has been historically. of the 79 thousand student that go to city college of all aichblgs t is about opportunity, creations of opportunities, many of the students immigrant and low income students learning new languages. retaining to advance in new careers. also many people completing their high school degrees, some transferring to 4 year colleges, but especially for work force development in the city is a critical part of our economic gement. city college plays a critical role, it is our city college. as we know
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the city college institution is unker the accrediting commission for a number of years so reel hear the information from had city attorney on the status of the lawsuit. today we can also celebrate the many years of struggle to maintain city college and fight for it many from the audience as well. i wanted to thank the faculty and sfudants and community members that are here today. it isn't only packing meetings that state accrediting bodies, the court room jzalcy many hearings here and at city college and inside and outside strategies to really defend the college. i think the coalition to save city college deserves credit for working with administrator jz others for saving a college. i think a lot change jd we'll hear a update since about 2 years ago we held the first
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hearings some i chaired years ago. i think thauls issue around the accrediting commission, homefully we'll have some questions answered. i think also as we commission budget and legislative analyst report for the board of supervisors we found city college has a impact thoon strong economy of the sate. at least 300 million a year from sth programs within city college so it is a key benefit to had saitz economy. i alsoment to say from the immigrant community organizations, not only the mu cheesas and [inaudible] and others in the common hall rallies and yesterday, but to the chinese and asian american american groups that fath for better classes, english learning and vocational esl is critical and the non credit skill building technology
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building class are critical for helping people develop better economic abilities for jobs. other courses also that don't always lead to a college degree, but are about life long learning are critical for making san francisco a great place and city college provides so many different types of prms for san franciscans to be life long learners and develop skills to lee life long residence and community buildings. i think city college is a diverse institution and we'll hear about the work force and arts and social safety net programs you train people to fill in so everyone can live in san francisco and how we can maintain the liveability of the neighborhoods. i also wanted to just acknowledge that from the sit a attorney dens [inaudible] lawsuit and the
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trials ought forward demonstrated city college wasn't given a fair hearing and the accredters broke the law during the review oaf the call squj thichck that came out clearly and think our sit aattorney [inaudible] aft 2121 in bringing that forwerward. the schools finances are much better stabilized and thanksgiving tooz had administrator jz coalition but also with the help of voters of san francisco in 2012 when we passed prop a to support the city college and turn around also state education fundsing through proper 30 as a key way that the institution is on better financial footing now. also, the publicly elected board of trustees i are hope and many hope will be fully empowered again hopefully by sometime this summer and i think that is a critical issue
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of democratic guv rns for the college. mean while sit ate college isn't out of the woods from what we heard. city college of san francisco lost unprecedented number of students over the past few years down by about a quarter since this crisis has hit. know the sichbic center campus that was extremely abuptly close said without much notice and displaced about a thousand students without a clear time line of returning, hopefully todays announcements can help the community feel better the market and van ness site is a key one where the square footage seems to be the same as the formally site that city college aknireed in 73 that requireds ret row fitting. city caultage from what we'll
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hear still faces uncertainty but feel the coalition that came together to protect it, we are in a tremendous place with the administration and president mandalman and student tustee [inaudible] and many of the leadership to save city college so i feel wree here unit today create a positive future for the college and i and think colleagues on the board of supervisors wanting to know what can the city do to be supportive thocoalition and institution as well. with that i would like to ask if supervisor compose and kim and christensen would like to make comments >> i actually wanted to first of all thank the community that has come out. it is a pretty diverse community of faculty and students and folks from all
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walkoffs life who over the last couple years came together so i want to thank for yet again being here in city hall. i just have one request, i would like to hear from the special trustees if he is here. one of the points of having this hearing for me is hear directly from the person that none of us have really heard from so i would like to ask the special trustee to come up and say a few words >> supervisor companyose we have a number of speakers, but think that is a good if the special trustee is here. >> is the special trustee here? is there anyone here representing the special trustee? >> supervisor compose we valist of presenters including [inaudible] >> i understand that i want to hear from those folks, but i'm shocked that at a hearing
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on the what is happening at city college in city hall that has been put together by members of the elected family in, that the person that has been given pretty unlimited power of the institution is not here. i think that is very disrespectful. it isn't disrespectful to the elected, because it isn't about the electeds it is about the people we represent. it is very disrespectful to the people that elected the member thofz board of supervisors that is here. i hope before this hearing ends we do laer from the special trustee. is he in san francisco? where is he? >> at the point that perhaps
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chancellor tyler comes up maybe he can address that or jeff hamilton and someone from the administration. >> i think-i want to ask that question because i think it illustrates the problem here. that we have a special trustee who is completely unaccountable and who when given the opportunity to come and speak to the elected preptatives of this city, disrespected those constituents by not even showing up to a hearing in city hall. i think that illustrates the point better than i can say >> supervisor kim >> thank you chair mar. i want to recognize the supervisor mar and companyose for their leadership on this issue and also working with the stud nlt and faculty as ccsf
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around a institution that is important here in san francisco and i think we all recognize that. i'm here today because pleny of the residence in the tenderloin were very concerned about the abankrupt closeier of 75 [inaudible] in jan. friday prior of commencement of the spring semester class jz the auchs gets engaged work wg the residence, the faculty and reaching out to ccs on how to find a solution around providing this resoch. i do want to recognize there is a was resolution set [inaudible] at the request of the central city coalition for public edge condition asking administration for craelting a introom campus while they ret row fit nob supervisor mar mentioned, i'm
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pleased the readministration responded with a plan for the introom campus. ijication has been a key priority for many of thcommittee. i knoi 3 served in sfusd and all understand the importance of education equity in particular. the civic center campus primary served [inaudible] and many of our immigrant born residence as well as low income residence providing a vital service for san franciscos large immigrant population. the campus offered non credit computer classes to the tenderloin community which helped to kress the divide and continues our low income residence. have agcentral city campus is essential to provide educational opportunities for working class families. it is a way to help people build
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skills and prepare for edge squaigz training. 571 students for district 6 were enrolled in the civic campus last year. i heard many didn't continue their education either because they couldn't afford the cost of transtd to the campus or couldn't handle the commute timeism many student that enroll in the civic center campus work full time while their pursue higher ledgeication or language skills. i do want to recognize chancellor taylor for heing the call of the san francisco board of supervisors that request of community stock holders many i see in the audience today [inaudible] community housing partnership, united players and
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senior disability action and look forward to working with the administration on the long term seismic ret row fit plan of the eddy street campus. i look forward to hearing the rest of the presentation on the issues that supervisor mar talked about in the hearing today and look forward to seeing how we can best support the very institution and want to recognize raff ail mendelman who served on the board of trustees who is also here today >> thank you supervisor kim >> i share my supervisors enthusiasm for this topic and it was my understanding my staff be added as a sponsor but that wasn't done, please do. i'm fond of the college especially our own disttricate 3 china town. our office is track ing developments related to the tenderloin civic center location and i was heartened to
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find out yesterday a new lease is in place and classes should be back on frac the fall semester. i think we have questions about the abankruptness of the closeier and impact it had. fully that won't occur in the future. it seems there is a degree on the [inaudible] and hope we work for a solution on the ils. i'm grateful to the chancellor and mr. mandalman and those here today to inform how thingerize going >> we have short presentations first. let me ask if ivon mere from the city attorneys office can come for wrbd. thank you for being here mrs. mere >> good afternoon chair mar supervisor compose cimp and
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crist crnson. give a overview of the office litigation of the city college case and answer questions you may have. i also want to say thank you to the students, faculty, administrators of city college who kood by our office throughout the litigation. they came to every hearing and made their prerns known to the trial judge and was supportive and very grateful. we are grateful to the boferd trustees who came and had a presence at the trial. it was a silent but powerful statement to the court that this city cared about city college and that what happened was unfair and something should be done about it. going back we initially filed the case against the accrediting commission for community and junior college in august of 2013. the [inaudible] as i'm
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sure you know is the soul accredter for community college in california. when we filed the case the accjc voted to terminate city colleges accredidation. we sued them as the people as the state of california under state law called unfair competition law which say as business that is committing acts that are unlawful, unfair or fraudulent are unfair competition and we as a city attorneys office of a city and county in california can file a lawsuit as the people. the process that we alijed were violated were practiced that included and dealt with the process-the accredidation process city college had undergone. we alleged violation of federal and state law for due process
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violation. we said they are reviewing eveilitations were emo improperly constituted and failed to have effective conflict of fltrust policy squz the process by which they renders decisions was unfair. i would the lawyer who did the opening statement at trial and at trial and thold cort this case was about fairness and that is how i characterize it today. the is a fairness denied city college and the city couldn't sit back and ignore it. our case was designateed complex, which means all the motion jz trial was heard by one judge. we filed early in the case a motion for reliminary injunction. city colleges accredidation was voted to be terminated and that termination date fsh effected a year from the termination date, but we want today stop that and were
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fearful that as civil litigation goes it would take too long for a case to go trial and city college may lose accredidation if the count didn't act thib introom. we file admotion for preliminary injucz and that was granted jan 30, 2014. at the time the said that the accjc fsh enjoyed from finalizing the termination of city college uzaccredidation until further order of the court. in june of 2014 everyone hit pause and city college got breathing room. the termination decision not set aside permanently had been stayed so the case could proceed through litication without the college accredidation would be terminated while wait frg the trial date. the accjc brought
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every challenge and complaint. never in the united states had any public law office sought to challenge the decision of a or process by which a accredder makes a decision. first they sought to remand theicate to federal court and they relied on a law that applies to institution. when sflugzs want to challenge the substance of a accredidation decision they have to go to court. we were the people and not the institution and didn't believe were tethered in our ven sue. that we won. the asked the court ubstain from hearing this case because city college was on their own administratively appealing. it termination of accredidation through the acjc own process. the court found not persuaded. then the acjcc
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had all sorts of doctrine that believed deprived the city and the people from challenging the process they conducted the accredidation. first they said they were notd a business, but they charge institution frz the accredidations activities and have paid staff. they also said the acts they committed were not unlawful or unfair. they said they were like courts so actions should be barred by judicial immunity. they said our action is preimpative but the united states department of education acknowledges accredters and said [inaudible] called nora penningten which protects certain political speech. all these there ease were shot down by the court. we had a series of dooling motions for summary adudeication trying to widdle
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down what would be kwide at trial. we won a very small portion thofe motion, but the court wanted to have a trial. wanted a trial quickly and the trial was set for the last week of oct2014. the trial lasted 5 days. there were numerous witnesses who gave testimony. we presented life experlt testimony. the court also permitted to submit testimony in the form of deposition transscripts. the court heard the arguments, considered all the evidence and issued a tentative decision and that decision found that the ajcc violated the law. not it violated on every theory we raised, but on due process. before a accredter in cl is
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going to strip a institution of accredidation that institution has a right to know what the deficiencies are so they can respond. it is classic due process, notice and the opportunity to be heard is what the court found city college had been deprived of. the court then issued the final judgment and included an injunction that mandated the accjc permit city college if it chose to opt into a prosthat would confer upon it the due process st. had lacked. required the accjc submitted a report with all the deficiencies and gave the callling a opportunity to respond. city college was not a party in our carcand as the court acknowledged that limited what the court could do or
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command city college to do. but the-in the end i think the lute achieved really important objectives. first the reliminary injunction gave city college time where the termination decision wasn't held in advance. it also gave the accjc [inaudible] city college pass adnew process. new process it presented to the city college. it was called restoration. restoration was aprosthat the accjc unfolded to give the college a opportunity to reactivate or come from under the termination decision. if not for the lawsuit city
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college may have closed. there are-city college has amazing support, but the accjc is the only accredter and losing accredidation is a hefty price as many who speak will explain. at this point the courts injunction is valid. city college opted into the process where it is seeking review of the-it is seeking the remedy the court laid out so it is in the process and opted in and in the process of reviewing the written report and making comments. the city attorneys office wants to do everything and has done everything it can to keep city college open and we are heartened city college opted in. that process isn't
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concluded, but it should conclude in the coming months. i'm happy to take questions or comments, but that the status of the litigation at present >> supervisor compose >> i thank you very much. i don't have comment, just want to thank the deputy city attorney [inaudible] and also the city attorney for the work that they have done on this. i do think that if the city attorney had not filed this lute that city college would be closed by now and so i think the city, the city college community that owes the city attorney a great deal of gratitude and so i just want to make that clear and the realty is that besides those on the board of supervisors who have been talking about the need to save this institution is t is
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the city attorney foilthing that fight >> mrs. amu an i wanted to say it was so great to see the save city college coalition packing the court room and you and your team in action, but thank city attorney dens [inaudible] it was a collective effort. i want to give a shout out to [inaudible] formally from the guards men to other media outlets. i think the community coverage in the press was helpful as well, but they think for the efforts and for being here. the speakers are chancellor author tyler and president raufial mandalman from the board of trustees. alex randolph is here as well as sunel williams from the board of trustees. [inaudible]