San Diego Rules Committee Meeting July 24, 2024: Whistleblower Protections, Deloitte Contract, Boards Code of Conduct
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San Diego Rules Committee Meeting July 24, 2024
The San Diego City Council Rules Committee met on July 24, 2024, starting at 10:00 AM, to consider several items including proposed whistleblower protections, a contract amendment with Deloitte for the Get It Done app, a code of conduct for boards and commissions, and an informational update on the stormwater funding measure. The meeting lasted several hours and included extensive public testimony both in person and via Zoom. Key outcomes included advancing the whistleblower ordinance to full council with direction for further consultation, approving the Deloitte contract amendment, recommending the code of conduct to the full council, and trailing a controversial item on virtual public comment to the September meeting.
Consent Calendar
- The committee unanimously approved the minutes from the June 5, 2024 meeting after public comment.
Public Comments & Testimony
- On committee minutes: Lori Saldania (former councilmember) spoke about valuing public participation and noted challenges ahead. Other speakers raised concerns about border issues and UN Agenda 21.
- On Item 1 (Whistleblower protections): Numerous speakers expressed support, including Cesar Javier, Paul Krueger (District 9), Catherine Rhodes, and representatives from community organizations. Several urged expanding protections to private contractors and strengthening enforcement against retaliation. City Auditor Andy Hanau noted his office was not consulted and raised concerns about reporting to Human Resources.
- On Item 2 (Deloitte contract): Public comments were mixed. Some criticized the $94 million total cost and lack of competitive bidding, while others praised the Get It Done app’s effectiveness. Lori Saldania highlighted the city’s workforce diversity failures. Several callers reported issues with the app’s functionality.
- On Item 3 (Code of Conduct for boards and commissions): Speakers largely supported the code but called for stronger enforcement, community input in development, compensation for volunteers, and inclusion of financial disclosures. Examples of misconduct by commissioners were cited by Lori Saldania and others. The need for more staff support for the Office of Boards and Commissions was emphasized.
- On Item 5 (Stormwater measure update): Many community and business representatives thanked Council President Elo-Rivera and Council President Pro Tem LaCava for their leadership on the stormwater funding measure. Speakers from Climate Action Campaign, Alliance San Diego, Biocom California, and the Building Industry Association expressed support for future efforts and commitment to work on a permanent solution. Some residents criticized the city’s handling of stormwater maintenance and suggested alternative funding sources.
- Non-Agenda Public Comment: Several speakers addressed the removal of Item 4 (virtual public comment rules) from the agenda, urging the council to retain virtual participation options. Others spoke on tenant protection ordinances, the need for civility, and the importance of diverse engagement methods.
Discussion Items
- Item 1: Whistleblower Protections Ordinance – City Attorney Mara Elliott presented a proposed ordinance to add whistleblower protections to the municipal code, defining prohibited activities, retaliation, and reporting options. She emphasized the need to encourage reporting and close gaps in current state law. After public comment and deliberation, Council President Pro Tem LaCava moved to forward the ordinance to full council with direction for the City Attorney to work with the City Auditor and Ethics Commission to refine language, especially regarding retaliation reporting and investigation. The motion passed 4-1, with Councilmember Moreno voting no due to concerns about unknown outcomes and lack of consultation with independent offices.
- Item 2: First Amendment to Deloitte Contract for Salesforce Platform – Acting Director Alex Hempton and Program Coordinator Marcus Lestraco presented the amendment to extend the contract by five years (through 2030) and increase the not-to-exceed amount by $74 million (total $94 million). The amendment supports Get It Done app maintenance and new customer service projects for Public Utilities and Environmental Services, with no additional general fund impact. Councilmember Campillo made a motion to approve and request an informational update on the RFP process during the third optional year. The motion passed unanimously 5-0.
- Item 3: Code of Conduct for Boards and Commissions – Director Chida Warren-Darby presented the new code, which sets expectations for conduct of appointed members in meetings, with the public, and with staff, along with ethics training and a self-enforcement mechanism. She also provided an overview of her office’s work, including the Peacemaker Project and filling vacancies. After public comment, Council President Pro Tem LaCava moved to recommend the code to full council as an action item, emphasizing the need for ongoing refinement. The motion passed unanimously 5-0.
- Item 5: Stormwater Funding Measure Update – Council President Elo-Rivera and Council President Pro Tem LaCava explained that the proposed parcel tax for stormwater infrastructure was withheld from the November 2024 ballot due to last-minute changes to ACA 1 (Proposition 5) that retained the two-thirds approval threshold for special taxes. Despite strong majority support, the measure lacked a realistic chance of reaching two-thirds. They thanked stakeholders and committed to reassessing options after the 2024 elections. No vote was taken; the item was informational.
Key Outcomes
- Item 1: Motion to forward whistleblower ordinance to full council with direction for City Attorney to work with City Auditor and Ethics Commission on retaliation reporting language. Passed 4-1 (Moreno opposed).
- Item 2: Motion to approve the Deloitte contract amendment and request an RFP update during the third optional year. Passed 5-0.
- Item 3: Motion to recommend the Code of Conduct for Boards and Commissions to full council as an action item. Passed 5-0.
- Item 4 (not on agenda): The item on virtual public comment rules was trailed to the next Rules Committee meeting on September 4, 2024.
- Item 5: No action taken; council members expressed commitment to future stormwater funding efforts.
Meeting Transcript
All right, good afternoon, everyone. Welcome to the Rules Committee meeting of July 24th, 2024. Our committee liaison, Natalie Kessler, who will go over information and instruction for today's meeting. Thank you, Council President. While members of the public are able to attend the meetings in person, this meeting is being televised and live streamed on the city's website, and council administration will continue to make arrangements for the public to comment using the Zoom webinar platform. Additionally, members of the public who wish to provide testimony via a call-in or an internet-based service option must enter the virtual speaking queue within five minutes after the conclusion of in-person public testimony, or before the virtual speaking queue is exhausted, whichever occurs first. This will allow for better meeting management between the two platforms and ensure the committee is able to manage and conduct city business. If you could please call the role. If you are watching via City TV 24 or online, there may be a delay. Please participate via the audio on your phone and mute your TV or computer when it is your turn to speak. And if you wish to speak on a particular item, please wait until that item is called. And you can raise your hand by tapping the raise your hand icon, or if you're a call and participant, star nine on your phone. As a reminder to those who currently have your hands raised, your hands will be lowered until the item that you wish to speak on is called. If you as a reminder, if you raise your hand during a non-comment period, your hand will be lowered. Council President. Thank you, Natalie. All right, we've got a quorum. Let's take up approval of the committee minutes from June 5th. Do we have public comment on the minutes from June 5? Thank you, Council President. The public comment period for approval of the past committee minutes of June 5th, 2024 is now open. And we have received one speaker slip from an individual in chambers. Lori Saldania, please approach the lecture and you'll have one minute to speak to the past committee minutes. So there are a few items that came before the council last month. You brought them back for another review. I know you're concerned about efficiency and uh sometimes repeating yourself and having things back for multiple hearings isn't the most efficient use of your time. But I it's I appreciate that you do want to be thorough. So I'm also commenting uh in person because uh frankly, I don't know how long we'll be able to continue doing that. Um I see challenges to our participation and over and over again. And so as long as we can have the right, have the opportunity to speak to council on issues that have come before you. Um I think it's valued, and I hope that you value it. And I I just want to remind people who may not be aware of what's coming up later on on this agenda that our right to address the council is a guaranteed under state law, and I hope people will uh participate today and speak to you about limitations that might be proposed during this meeting. Thank you. Thank you. This concludes in-person public testimony on the past committee minutes. I started the five-minute timer on the virtual for the virtual queue. There are currently seven hands raised as a reminder. This is the comment period for the past committee minutes. Francis, please begin. I'm sorry, I um was gonna raise my hand for a later item. Okay, please lower your hand and raise your hand again when that item is called. Deb Porter. Same with me. I'm sorry, it's a later item that I need to thank you. The original, please provide your comments. Yes, on the past committee minutes. Um, my comments and said it was what was written. It says it was concern about border issues, illegal activities at the border climate change in the UN agenda. Um, what I've been saying is there's been an invasion on the border, and there's children who are coming unaccompanied and are being trafficked out into the United States uh to many locations. Um, and what they are doing is crossing the border illegally, which is a federal offense, and the activities that go along with that are aiding and abetting, which is what the hotels and all the NGOs are doing in addition to the city, the county, and uh many other or federal government.
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