THEN & NOW: June 16th news from 5, 10, and 20 years ago

“Supervisor Proposes Withholding SFPD Budget Money To Force Reforms”

San Francisco Supervisor John Avalos today announced a proposal that would withhold $200 million from the Police Department’s budget until police make measurable changes in their use of force following multiple recent fatal officer-involved shootings.

Avalos made the announcement this morning on the front steps of City Hall. Joining him were leaders of community groups demanding justice for the people killed by police.

“Clearly we have a crisis that needs addressing,” Avalos said, referring to the recent killings by police of Mario Woods, Amilcar Perez-Lopez, Alex Nieto, Luis Gongora and Jessica Williams.

The Rev. Richard Smith of the group Justice for Amilcar Perez-Lopez joined Avalos in demanding metrics to determine whether police are changing how they use force.

Smith said if police had kept track of the escalating violence, Perez-Lopez’s death may have been averted.

“Action could have been taken,” he said.

Avalos and the other leaders want police to use the “minimal” force necessary rather than a “reasonable” amount of force.

Jessica Williams was the most recent person fatally shot by police in San Francisco. The May 19 shooting prompted Mayor Ed Lee to ask for and accept police Chief Greg Suhr’s resignation last month.

The series of shootings by police prompted five people, known as the Frisco Five, to go on a hunger strike to demand Suhr’s resignation.

Avalos said the money would likely be held from police salaries since that makes up most of the Police Department’s budget, but said that police would have discretion on where the money comes from.

He said if the proposal passes the Board of Supervisors, it would probably be six months before any of the $200 million is released. After that, a hearing could be called at any time to release the money if acceptable changes have been made.

Avalos said he thinks he will be able to get the votes necessary, but he only named five supervisors who expressed support for the proposal. He would need six votes to pass the measure.

Supervisor Malia Cohen issued a statement about the proposal saying she is still evaluating how it would impact the number of police officers on the street and the number of recruits.

“I agree with Supervisor Avalos that the SFPD needs to be held accountable for delivering use of force reforms, but it is my hope that we do not politicize a process that requires trust and collaboration from all sides,” Cohen said in a statement.

The proposal is meant to give supervisors leverage to make the use of force reforms happen. Avalos said there could be give and take on the metrics, but the bottom line is the use of “minimal” force.

Acting police Chief Tony Chapman told Avalos by phone that he opposes the idea, according to Avalos. San Francisco Police Officers Association president Martin Halloran said he also opposes the idea.

“Supervisor Avalos is attempting to hold the Police Department budget ransom until his demands are met, not knowing the full ramifications of his proposed actions,” Halloran said.

“Hopefully the rest of the Board of Supervisors will have the good sense not to play along with this stunt. I expect the Mayor to veto any budget that plays politics with public safety like this,” he said.

Avalos will formally announce the proposal at Friday’s Board of Supervisors’ budget and finance committee hearing on the Police Department’s budget. The proposal could go to the full board for a vote July 19.

“Lawsuit Alleges Nursing Homes Violated Business And Health Practices“

Twenty-six Horizon West nursing homes in California, including one each in Napa and Monterey, were charged with unlawful, unfair and fraudulent business practices and health and safety code violations in a class action lawsuit filed Wednesday in Sacramento County Superior Court.

The suit alleges Horizon West Inc., Horizon West Healthcare Inc. and Horizon West Healthcare of California Inc. and its 26 homes are knowingly not providing the minimum level of direct patient care mandated by state and federal regulations. The allegations span the time period between June 10, 2002 and June 10, 2006.

The plaintiffs state the information regarding hours of nursing care provided daily to patients are taken from information Horizon West supplied to the California Office of Statewide Health Planning and Development and that the information has not been independently verified.

Horizon West Healthcare Inc. said the charges are significant misstatements of fact and are an arbitrary presentation of California staffing requirements.

“Each Horizon West’s facility’s staffing plan is designed to meet or exceed the state regulatory requirement,” spokesman J.R. Wilcox said.

The suit alleges Napa Nursing Center in Napa failed to provide the mandated 3.2 nursing hours per patient; failed to provide thousands of hours of legally required nursing care to residents each year; and received 31 notices of deficiencies in 2004 by the Department of Health Services making the facility 280 percent over the statewide average of 11 notices per year.

Georgia Otterson, executive of the Napa Nursing Center, referred comments on the allegations to the company’s legal department but she said, “We give great care” and the notices of deficiencies could be as minimal as a hole in a door.

Wilcox said the way in which compliance is measured can affect the calculated outcome. He said if a nursing assistant stays home with a sick child one day, it “can significantly alter the 3.2 staffing ratio for that particular day.”

Wilcox said the numbers must not be taken out of context and that the plaintiffs’ attorney Stephen Garcia “makes careless ‘apples to oranges’ comparisons.”

“We take every issue very seriously and we will internally evaluate any allegations of non-compliance with state staffing requirements,” Wilcox said.

The Monterey Pines Skilled Nursing Center in Monterey is alleged to have provided only 3.1 of the 3.2 state-mandated nursing hours per patient in 2004 and allegedly failed to provide 3,290 hours of legally required nursing care to residents in a single year.

The complaint alleges the Monterey facility received 47 notices of deficiencies by the Department of Health Services in 2005 and 25 notices of deficiencies in 2004 making the facility 420 percent and 220 percent respectively over the statewide average of 11 notices per year.

Kathy Spake, executive director of Monterey Pines did not immediately return calls for comment on the allegations regarding Monterey Pines.

The Valley View Skilled Nursing home in Ukiah, the Lakeport Skilled Nursing Center in Lake County and the Sierra Health Care Center in Davis in Yolo County also were named in the complaint.

The complaint alleges the elderly residents, their insurance companies, Medicare and MediCal are being billed as if the lawfully required care is being provided and that the corporation and its facilities are advertising they are meeting all California laws and regulations when in fact they are not doing so.

Attorney Garcia of Long Beach said, “Inadequate staffing leads to elder abuse. It is that plain and simple.” He said all California nursing homes since Jan. 1, 2000 are required to provide 3.2 nursing hours per patient per day.

Garcia said Horizon West Inc. of Rocklin paid the federal government $4 million in 1999 to settle claims that it bilked Medicare by submitting fraudulent cost reports.