San Francisco Chronicle

Emails show S.F. official knew about overcharge­s

- By Mallory Moench

The current head of finance at the Department of Public Works was alerted in January 2019 to trash collector Recology’s improper rate increase, according to emails between senior management in the department and the company.

It’s not yet clear, and no city agency involved will say, what the finance head did with the informatio­n and whether she took any action to flag it as improper.

The City Attorney’s Office announced a nearly $100 million settlement with Recology last week for overchargi­ng customers. The company failed to account for revenue received from ratepayers during the applicatio­n for its rate increase in 2017. The court documents say that the company hiked rates 14% instead of the 7% the company should have implemente­d. Recology identified the error and discussed it with Public Works in December 2018, but no action was taken by either body to publicly disclose or correct the error, and instead

the company continued collecting improper rates for two years, the city attorney said.

The emails obtained by The Chronicle, first reported by NBC Bay Area, included two messages sent in January 2019 between thenRecolo­gy Vice President John Porter and Ann Carey, then a retired Public Works employee brought back to assist in the rate process.

In the first email, Carey asks Porter to point out which line items from the 2017 rate increase applicatio­n they discussed in a December 2018 meeting so that she could “follow your logic.” Porter responds with a handannota­ted attachment of the accounting, pointing out the errors.

Julia Dawson, the current Public Works deputy director for finance and administra­tion, is copied on both emails. Nick Roberts, former Group Controller at Recology, is copied on the second email.

The city attorney has not accused Dawson or Carey of wrongdoing. Public Works and the city attorney did not respond to questions about whether either woman took action after being alerted to the improper rate increase.

“Our investigat­ion into why the error was not corrected promptly is ongoing, and further comment could potentiall­y compromise our ongoing investigat­ion,” city attorney spokesman John Coté said.

Public Works spokeswoma­n Rachel Gordon said Dawson was not available to be interviewe­d for the story.

“We are actively conducting an internal investigat­ion, still collecting informatio­n, and have no further comment at this time,” Gordon said.

Roberts, who no longer works for Recology, referred questions to the company. Porter, who also no longer works for Recology, could not be reached. Carey did not respond to phone messages.

Based on the emails, Supervisor Aaron Peskin accused Dawson of wrongdoing during last week’s board meeting — and doubled down on his comments in later remarks. Peskin said he hadn’t confronted Dawson directly about allegation­s.

“We should all be befuddled that nobody in the Department of Public Works understood these things. I believe higherups actually knew or should have known these things,” Peskin said.

In the same meeting last week, Peskin also implicated Debbie Raphael, director of the Department of the Environmen­t. He provided little docu

mented evidence other than comments in Recology’s news release two weeks ago, which said its staff alerted the Department of Environmen­t in December 2018 about the improper rate increase.

Peskin walked back his accusation in Tuesday’s meeting, apologizin­g to Raphael after speaking with her. Charles Sheehan, Department of the Environmen­t spokesman, said Raphael didn’t know about the overcharge until February, at which time she reached out to Public Works and the City Administra­tor’s Office and was told the City Attorney’s Office was the lead agency already investigat­ing the issue.

Regarding who else in the department was notified as stated in Recology’s press release, Sheehan said “we do not

understand where this is coming from and what Recology is basing their statement on.” Recology didn’t provide more informatio­n upon request about who was alerted.

“Nothing matters more to us than our relationsh­ips with our customers, and we know that even beyond the settlement we reached with the City Attorney, we have a lot of work to do to regain their trust,” the company said in a statement. “We fell short of our community’s expectatio­ns.”

Supervisor Connie Chan said Monday she agreed with Peskin that the scandal should be investigat­ed further.

“It’s our job to question and to restore public trust,” Chan said. “For Supervisor Peskin to be questionin­g city department heads about their actions, I do

understand the intent. Whether that’s the forum to speak about or give out specific names, I defer back to Supervisor Peskin and what are his goals when he makes those comments. But I do understand we’re raising questions around public integrity. It’s a very serious problem.”

During Tuesday’s meeting, Peskin stood by his accusation of Dawson amid a pending city investigat­ion.

“I in no way have impeded the investigat­ion,” Peskin told The Chronicle. “I think it is going to bring about an honest, transparen­t discussion.”

 ?? Jeff Chiu / Associated Press ?? The City Attorney’s Office announced a settlement with Recology last week for overchargi­ng customers. The company hiked rates 14% instead of the 7% it should have raised them.
Jeff Chiu / Associated Press The City Attorney’s Office announced a settlement with Recology last week for overchargi­ng customers. The company hiked rates 14% instead of the 7% it should have raised them.

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