Two I-Team Headlines

We broke the story today about the City Attorney’s investigation into whether the woman with whom San Francisco Mayor Gavin Newsom had an affair got preferential treatment. At issue – her salary history, most notably, for 2006. Ruby Rippey-Tourk was Newsom’s Appointments Secretary when they began having an affair in the summer of 2005; her husband is Alex Tourk, Newsom’s close friend and trusted aide at the time. Ruby Tourk’s spokesman told us tonight that she underwent alcohol rehab (“no drugs involved”) in May, June and July of last year. At first, that was listed on the city payroll as unpaid leave. After Ruby Tourk resigned on July 21st (you can read her resignation letter here), the city changed the unpaid leave to paid leave, and cut Tourk a check for $10,154.64. Late today, Tourk’s spokesman claimed she was able to collect that money because two city employees (he wouldn’t provide their names) donated some of their own time to Tourk under the “Catastrophic Illness Program”. There are serious questions whether alcohol rehab qualifies under the program. One city official explained to me this evening that the “Catastrophic Illness Program” is meant for terminal illnesses, such as AIDS or cancer. City employees are allowed to donate their vacation or sick time to someone going through the final stages of a catastrophic illness. Here is part of the San Francisco Administrative Code that applies:

SEC. 16.9-29A. T. J. ANTHONY EMPLOYEE CATASTROPHIC ILLNESS PROGRAM--TRANSFER OF SICK LEAVE AND VACATION CREDITS TO INDIVIDUAL CATASTROPHICALLY ILL EMPLOYEES OR TO A POOL OF CATASTROPHICALLY ILL EMPLOYEES.

(a) Purpose. To enable catastrophically-ill employees to continue to be paid through donations of sick leave and vacation hours from other employees, as authorized by Charter Sections A8.364 and A8.441. This program shall be known as the Catastrophically Ill Program, or "CIP." This Section only provides for receipt of such credits as are donated and does not provide for an absolute right of continued paid leave.

(b) Establishment of Pool; Administration and Rule-Making Authority. There is hereby established a pool into which employees may donate sick leave and/or vacation credits to benefit catastrophically-ill employees. The Controller shall have authority to administer the CIP program, including the authority to make and enforce rules not inconsistent with this Section, with consultation from the Director of Health.

(c) Definitions.

(1) A "catastrophic illness" shall mean a life-threatening illness or injury, as determined by the Department of Public Health.

(2) An "active participant" in the CIP is defined as a City employee who has applied for Catastrophic Illness Status and been notified of his or her acceptance in the CIP by the Department of Public Health or its designee and whose participation in the CIP has not terminated, regardless of whether or not the employee has actually received or used any donated sick leave and/or vacation credits.

(d) Eligibility of Employees To Participate in CIP. Any employee of the City and County of San Francisco may participate in the CIP if the employee meets all of the following conditions:

(1) The employee is eligible to accumulate and use sick leave and vacation credits;

(2) The employee is catastrophically ill;

(3) The employee has exhausted all of his/her available paid leave; and

(4) The employee does not participate in a short or long-term disability program for which the City pays in whole, directly or indirectly, or if the employee participates in such a program, the employee agrees to, and does, apply for disability benefits immediately upon becoming eligible for such benefits. Any employee who participates in a short or long-term disability program for which the City pays in whole, directly or indirectly, may participate in the CIP program until the employee receives or is qualified to receive benefits under the terms of a short or long-term disability program for which the City pays in whole, directly or indirectly. Any employee who is receiving or is qualified to receive short or long term disability benefits from a short or long term disability program for which the City pays in whole, directly or indirectly, may not participate in the CIP program until and unless the employee's disability benefits terminate. Any employee who, while or after participating in the CIP program, retroactively receives or is qualified to receive short or long term disability benefits from a short or long term disability program for which the City pays in whole, directly or indirectly, must reimburse the City for the CIP payments received during the period which the short or long term disability program applies. Failure to do so will result in the City's placing a lien for the unreimbursed amount on the employee's future wages and benefits (not including workers' compensation or retirement.) This paragraph does not apply to employees who are active participants in the CIP as of the effective date of this Amendment and have been active participants since March 29, 2002.

So, the question is, did Public Health Director Mitch Katz approve Ruby Tourk’s alcohol problem as a “catastrophic illness”? If so, why? We called him at home tonight and left a message, and his spokeswoman said he probably wouldn’t comment tonight – “we’re going to be getting that question tomorrow”. They sure will.

The other odd twist – just a few months after the affair began, Mayor Newsom, Ruby Tourk and her husband, Alex, attended a mandatory sexual harassment seminar together. Here’s Gavin Newsom’s certificate of completion from the 2-hour course.

The other headline – good sources are telling us that SFPD investigators presented the Baker’s Dozen case to the San Francisco District Attorney’s Office today. We could hear as early as tomorrow whether D.A. Kamala Harris will pursue charges against the local college students and Marines, suspected of beating members of the Yale choir over New Year’s. Excuse the cliché – stay tuned.

Comments

[Mark Eichman]

Okay, you Newsom apologists, let's see what kind of rationalizations and distractions you're going to throw out now. Last week, I replied to Brenda, Sophia, and a guy faking illiteracy and calling himself Michael about why office affairs aren't private matters.

And sure enough here it is, the very reason why, rearing its ugly head in a very public, very ethically questionable way, in the iTeam's latest blog posting.

I'm guessing your arguments are going to run along the lines of how nice these two "unnamed" people were for "donating" their time to Ruby Rippey-Tourk, and how dare the iTeam attack them, and yet again some malarkey about how the iTeam isn't reporting on The City's Real Problems.

But all this activity inside the Mayor's office stinks, and I'll bet you anything there's a lot more rotten garbage to be dug through before we know the full extent of what's been going on. These aren't "oh come on, everyone's human" mistakes. They're evidence of an ongoing pattern of deceit, abuse of office, and misuse of public funds.

As if we weren't disgusted enough.

-Mark Eichman

[sfwillie]

Rehab sure can't qualify as "life threatening," except for the first few hours for removal of the toxic substance. So the vacation transfers were totally bogus.

If the transfers weren't from Newsom or Mr Tourk, from whom? Were they coerced? Or were they reimbursed back-door?

Two months for rehab is way high. Was she actually doing some sort of formal program, or was she rehabbing at home in her jammies?

Most rehab programs I've heard of want you back on the job in two or at most four weeks.

It looks like the kid whose dog ate the homework doesn't even own a dog.

Superb reporting.

[dan]

between the legacy admitted Yale student and the anti terrorist marine I know who has been able to find their path and chose the more meaningful life, just as I know who would emerge from a dark alley fight with disfiguring injuries.....

[Robert Van Houten]

Enough already! This is a Politician and the government. If the public knew how things were really done they would all stop paying their taxes.
The original story was no one's business , but with the ones involved. Remember the Clinton crap that was a waste of tax payers' money? If personal behavior was a real indicator of how one does her/his work we would probably not even exist at this point. This is starting to appear as a personal vendetta for Noyes and very unprofessional. If I am to believe anything at this point...give the story to another reporter who still has credibility. I use to like Noyes' reporting, but lately it appears to be all about him and getting the Mayor... not the story.

[Pam]

I find it interesting that the woman is not making any comments. As a woman, I would venture to say that she probably had the hots for Newsom and flirted with him. She is as much at fault here and appears to be taking the 'victim' role! Oh, please lady...I have been there and done it myself and know the game. Why don't you come forth and acknowledge your part in this matter. Also, why all of a sudden did you decide to bring all of this to light...are we acting revengeful because we didn't get what we wanted from Mayor McHottie ( a committment) and because he is dating someone 1/2 your age and prettier? Look, we women know each others' games and cons and I would be willing to bet that when you heard about Newsom and the new girlfriend you got green with envy. It is too bad that you decided to be all honest now and attempt destroy this fine politician's career just because you are vengeful and filled with jealousy. The other thing is that most politicians are not honest, in my opinion, so I would be willing to bet that all of the Supervisors, etc. that are throwing stones all have some skeletons in their closets too! They should be watching their own side of the street because their past may creep up on them and come to light before the public.

[David]

I read Fog City Journal earlier today, more breaking news is coming to light re. tax payers money being abused over this issue with Ruby.
http://www.fogcityjournal.com/news_in_brief/overheard_070216.shtml

[John Jacob]

C'mon...Newson is gay. His affair was really with the husband and not with the wife that's why he's paying him $15K/mo when he quit. This is just all cover-up to hide his true being. And people still admire losers like this? Wake up people, leaders should lead by good examples.

[Mark Eichman]

Robert Van Houten wrote: "This is starting to appear as a personal vendetta for Noyes and very unprofessional."

Right, Robert. Dan Noyes is the one behaving unprofessionally. What an incredibly stupid and clearly biased comment. If you were half as critical of the behavior exhibited by Mayor Newsom who is, in fact, the person who behaved badly in this affair, far outside the moral and ethical boundaries of his position, you'd be screaming bloody murder. But you're not. And your apologetic, one-sided perspective exposes a much more personal attitude toward the issue than what you ascribe to Noyes.

You would have the public turn a blind eye to the lack of ethics, abuse of power, and mis-spending of taxpayer money that have come to exemplify the Mayor's office in past couple of months. What's your agenda? Maybe you're connected to Peter Ragone.

-Mark

[Anonymity]

Hi Noyes,

I'm person who’s been into recovery for the past 18 years and while working on issues of my past in an out of state trauma center one day I find myself sitting next to this newbie. As the morning meeting goes on I introduce myself because this woman looks lost and many of us do when we discover that life has overwhelmed us. I find out this person is from the same area on the peninsula back in California that I am and it turns out we have very similar backgrounds relating why we all get up in the morning. I wish Mrs. Ruby Rippey-Tourk’s name was not mentioned because she has a right to remain Anonymous with regards to help as would be the case if it were you or any of your children; however, a injustice has been done with regard to taxpayers and loyal employees who do not get these perks, at the very least a misappropriation of funds labeled under Catastrophic Illness was abused. I took an oath to not revile any information back at the center but I would never have mentioned this if it were not public knowledge plastered on every channel on the TV. I can tell you first hand (and I have better things to do than make up stories) that there was indeed Alcohol, Cocaine, Other substances and more in addition to affairs going on. How this happened within the confines of such an important place, I don’t know. I find Mr. Newsome’s sexual harassment certificate interesting! Well, I have fallen asleep in class too I suppose or I would not have wound up in a place like that with my own issues. It leaves me wondering what other corruption could be taking place while I work hard for a living. Can’t people just be honest or would this not be human. I was on my own dime through my ongoing recovery and while I went backwards financially (these places are not cheap and we were at one of the finest out there) I admit it sure would have been nice to be paid! We all have bills. The truth is that the time donated could have been even higher it would not have been the first time. It will be interesting to see if anything surfaces with all the nepotism, paybacks, low bid contracts and so forth. Just look at our new bay bridge.

Have a nice day folks. God bless!

[Mark Eichman]

Oh, and Pam, you said: "They [the SF Board of Sups] should be watching their own side of the street because their past may creep up on them and come to light before the public."

So what? We shouldn't strive for honest, open, and ethical government? You're doing bad things, but I've done bad things so I should just ignore what you're doing and we can all go to hell in a handbasket together?

What a dismal future that paints for us as a society.

The irony is you're attacking Ruby Rippey-Tourk for bringing the Mayor's unethical behavior to light in conjunction with exposing her own skeletons. So by all measures, you should be okay with what she did. Maybe you're jealous of her because she got to sleep with "Mayor McHottie" and you never will.

-Mark

[Mark Eichman]

Oh, and Pam, you said: "They [the SF Board of Sups] should be watching their own side of the street because their past may creep up on them and come to light before the public."

So what? We shouldn't strive for honest, open, and ethical government? You're doing bad things, but I've done bad things so I should just ignore what you're doing and we can all go to hell in a handbasket together?

What a dismal future that paints for us as a society.

The irony is you're attacking Ruby Rippey-Tourk for bringing the Mayor's unethical behavior to light in conjunction with exposing her own skeletons. So by all measures, you should be okay with what she did. Maybe you're jealous of her because she got to sleep with "Mayor McHottie" and you never will.

-Mark

[Cat Travers]

Consensual relationships between co-workers may be unwise, but they do not constitute "sexual harassment" - there has been no suggestion of coercion by any of the people actually involved in this triangle (who knew one another long before Ms. Tourk became Newsom's secretary). Ignoring that distinction is a grave disservice to everyone who IS experiencing sexual harassment.

Anybody who has gone through a divorce can tell you that it's a wrenching, disorienting experience during which you may do stupid or hurtful things that you would not normally do.

Any substance abuse counselor will tell you that substance abuse most decidedly IS a "life-threatening illness," and rehab takes years, not a couple of weeks. Donation of accrued sick time to a co-worker in need is a common workplace practice - I have done it myself. Since it was such a lot of time, donated by only two employees, it is certainly worth confirming that the donations were voluntary, but the rest of this "story" seems like a case of Ch. 7 going for the Newsom jugular, kicking him while he is down.

Let's not forget this came to light in the first place because one of the participants was trying to clean up her mess. If Newsom also has a substance abuse problem, I'm sure it has become evident to him that he needs to address it. Give the man some privacy to get himself on track, fercryin'outloud, and focus on real issues of governance, not speculative tabloid sleaze.

I'm not an SF resident, or a supporter of Newsom, but I think the press has really gone overboard on this one, trying to create a story out of a personal crisis. Isn't there enough going on in the Bay Area to stick to the facts?

[Mark Eichman]

Oh come on, Cat. I mean, I have no doubt that this is a personal crisis for Gavin Newsom, but it goes far beyond that. It's a crisis for SF government as well.

In the best of times, San Francisco is a difficult city to run, even for someone at the top of their game. Add to that the distractions of substance abuse, an office affair, and whatever else may be going on, and you have a recipe for disaster.

Does anyone actually think that Newsom would have been motivated to address his alcohol problem without this public embarassment? It's only because of the iTeam's reporting that he's getting help. You should be thanking, not cursing them.

People have been complaining on this blog for weeks about Dan Noyes being "unprofessional" or a "tabloid" journalist. But you know what, he's a damn good investigative reporter. He sensed something going on back when the Yale incident first occurred, asking the Mayor about his drinking. All you crybabies started posting harassing comments. But he followed his hunch, and look what turned up.

So why don't you all just shut up for a while and accept the facts. You were wrong, and Noyes was right. Get over it.

[Terry]

re: Yale choir assault
Is it usual for the DA to take this long once the cops have turned it over to them?

[Mark Eichman]

Hear the news? Arrest warrants issued today for Richard Aicardi and Brian Dwyer.

[Yalemama]

Interesting that that there are no charges yet for the most serious assault. I wonder if Aicardi and Dwyer will go down without turning in their "brother" thugs. Oh sorry. Alleged assault and alleged thugs.

[Mark Eichman]

Yalemama,

Heheh. What do you mean? Surely, they wouldn't turn on each other. Are you implying that these creeps are less than honorable? :-)

Mark

[CAILYN]

Read between the lines