Sfgovtv has the calling number on the screen. Provide comments by phone calling 4156550001. Once connected into the meeting id is 146 6994959. When prompted press pound twice to be connected to the meeting. When connected you will hear the meeting discussions but your line will be in his senning need only. When your item comes up dial star three to be added to the speaker line. The speaker prompt will indicate you have raised your hand. When you are unmuted you may begin. Best practices call from quiet location and speak clearly and turndown television or radio or streaming device. Behind full of potential time delays that we may even counter between live coverage and streaming. You may submit Public Comments through email john carroll, the clerk of the government audit and oversight. John. Carroll at sfgovtv. Org. If you submit by email it will be included in the legislative file you are commenting on. Written comments may be sent by the u. S. Postal service to city hall. 1 doctor carlton b. Goodlett place room 244 San Francisco california 94102. Eye tomorrows today will appear on november 10, agenda unless otherwise stated. Thank you, mr. Clerk. Please call item 1. Agenda item one. Reenactment of emergency ordinance 10420 and 15920 to create a right to reemployment for certain employees laid off due to the covid19 pandemic if their employer seeks to fill the same position previously held by laid off worker or substantially similar position as defined. Call the Public Comment number. 4156550001 enter the meeting id. Press pound twice to connect to the meeting and press star followed by 3 to speak. Finally i am in receipt of memo requesting this be agenda as Committee Report at next weeks Board Meeting november 3, 2020. Thank you. Colleagues this will extend for further 60 days the back to work emergency ordinance. Groundbreaking policy we enacted earlier this year provides right to ferry employment for laid off workers impacted by the pandemic. This ensures Large Businesses forced to cut employees because of pandemic rehire rather than replace laid off workers when they reopen. Over 500 laid off workers have been rehired through this policy. The city continues to reopen more of the economy, i feel strongly we must keep these Labor Protections in place. I urge support for this item today. Before we go to Public Comment, do you have any questions or comments . Mr. Clerk any callers on the line . Operations is checking for callers. Please let us know. If you have connected press star 3 if you wish to speak for this item. Those on hold in the queue please continue to wait until you are prompted to begin. You will hear prompts that your line is unmuted. If you are watching on cable channel 26, or through sfgovtv please call in by following instructions on the screen by dialing 4156550001. Enter meeting id1466994959. Press found and star three to speak. Could you let us know if we have any callers. There are no callers in the queue. Thank you, operations and mr. Hearing no further callers Public Comment is now closed. I would like to move we recommend item 1 as a Committee Report for the november 3rd meeting of the board of supervisors. Mr. Clerk please call the roll. On the motion offered by chair mar this be recommended as Committee Report vice chair peskin. Aye. Haney. Aye. Chair mar. Aye. Mr. Chair, there are three ayes. Thanthank you, mr. Clerk. Please call item 2. Reenact meant of emergency ordinance 7420 to require Grocery Store and drugstore and restaurant and on demand Delivery Service employers to provide health and scheduling procedures t to employees during the Public Health emergency related to covid19. Please call the number now to comment. 4156550001. Enter the meeting id and press pound twice and connect to the meeting and press star to speak. Prompts will indicate you raised your hand. Please wait until you are unmuted. This item has been agendized as Committee Report at your request. Thank you, supervisor haney for your leader ship and sponsor ship of this additional job emergency legislation supporting workers in the city. Supervisor haney, the floor is yours. Thank you, chair mar. Very brief. This proposed emergency ordinance reenacts the previous ordinance to expire on november 8. For an additional 60 days. It has Worker Protections covered by Health Officer orders and gives workers an additional level of protection and mechanism to file complaint with the office of labor standards and enforcement. It has been an essential protection for many of our most vulnerable workers during this crisis. Thank you, supervisor haney. Are there any callers on the line . If you have connected by phone press star three at this time if you wish to speak for this item. If you are on hold please continue to wait until prompted to begin. You will be informed your line is unmuted. Any callers for 2 . There are no callers in the queue. Thank you. Hearing no callers, Public Comment is closed. Supervisor haney would you like a motion on this . Yes, i move to have this sent to the full board as a Committee Report. At the november 3rd meeting. Please call roll. On the motion this emergency ordinance be sent as Committee Report with recommendations. Vice chair peskin. Aye. Member haney. Aye. Chair mar. Aye. Mr. Chair, there are three ayes. Thank you, mr. Clerk. Please call item 3. Amending chapter 28 to add probative provision of gifts or money to public official to revising de barment procedures. Amend definition of contractor by including grant applications and grantees and to add provisions authorizing suspension from procurement process, entering into city contracts or applying for grants if subject of charge alleging that the contractor committed byvation of law or regulation against any Government Entity relevant to the ability or capacity to perform under or comply with the terms or conditions of the city contract including de barment set forth in 28. Members of the public who wish to comment should call the comment number. 4156550001. The prompt will indicate you have raised your hand. Wait until you are unmuted. That will be your opportunity to comment on agenda item 3. Thank you, mr. Clerk. I want to start by expressing my gratitude to City Attorney and his office for bringing this forward. It may beings several corrections to contractor oversight and closes a loophole in our ability to suspend city contractors indicted not yet charged. My office is in receipt of amendment to this item which i intend to introduce which has been shared in advance with members of the committee. First to speak on this item i would like to welcome mr. Ronald flynn from the City Attorneys office. Thank you, very much, i am ron flynn, chief City Attorney. Proposal to amend chapter 28 of the administrative code related to debarment and suspension of city contractors. De barment is administrative determine that a contractor is not a responsible party entitle to enter city contracts and disqualified from participating in procurement for a period of time up to five years. It is a serious determination, one that requires the contractor be given notice and opportunity to be heard before the de barment is final. As this committee is aware in january of this year United States department of justice filed criminal charges against d. P. W. Director and a San Francisco restaurant. In the criminal complaint there were unnamed contractors alleged to have participated in the criminal enterprise to provide money for favored treatment in the contracting process. This does three things. It clarifies the grounds for de bar net be to include failure to include the campaign and government conduct not simply ay administrative code. It includes grants and provides order of suspension to prevent contractor from seeking new contracts or grants during the suspension. It has cleanups which i am happy to discuss. The suspension is critical. Federal government has the power of suspension which allows it to immediately place amas on new contractors when a contractor is indicted for committed fraud against government. Under our Current System when a contractor is indicted for committing fraud against the government even against San Francisco the city must do one of two things. Initiate its own investigation and bring and proof independent charges or wait until the contractor charges are resolved. This under mines public confidence. I will explain how. Recently hernandez a former City Employee was dated for bribery of a local public official. He was the chief Financial Officer and Vice President of a local Contracting Company he started. He was also a responsible managing officer and held one of the contracting licenses. Mr. Hernandez met with the fbi on january 27. He was confronted with gifts and personal services he provided over the years. Indeed as recently as the weekend before that interview with the fbi he paid for hotel and dinner. Mr. Hernandez was not criminally charged until june 4 of this year. While the City Attorneys office was building the case against mr. Hernandez, a contractor number two or three in the complaint. It did not have the facts by that day. Incredibly, in may 28, 2020, works submitted a bid to be a subcontractor for a new project for the city a new multimillion dollar contract. They did this knowing the fbi had evidence mr. Hernandez bribed city officials. The public, city officials and reporters rightfully asked. How can an indated contractor seek new work with the city . In that case the charging documents had admissions the fbi called as lies. Such as that mr. Hernandez said he only gave 20,000 worth of goods and services. He die understood several hundred thousand worth of services for a vacation home. We were able to use the admission of 20,000 and not sufficient to have him charged with a crime to seek de barment. If that were not in there, in the charging documents we would not have been able to prevent the works from continuing to seek work while the criminal charges were pending. Mind you, most charging documents dont contain such admissions. They are alleges which cannot be the basis. As it is. Her flandez and work hernandez and works asked to protect the fifth amendment right against selfincrimination. We were able to stipulate to suspension and works was not able to seek new work until the verdict is entered. The contractor cannot get work while the chief Financial Officer is under indictment for fraud. We can de bar them assuming a guilty plea. Not guilty three could seek to have the suspension lifted. Because this is serious and fifth amendments right against selfincrimination are raised. We ask for an amendment the ordinance be amended to add that the point of hearing officer shall be an attorney licensed to practice law with not less than five years of experience. The constitutional issues are the ones that come up. One other thing to light is the clarification giving a gift to a public official where it would be unlawful for that public official to accept the gift is an express ground for de barment. We treated it as such but learned in this case one contractor gave a rolex watch, another a tractor, another at least 20,000 worth of construction work. Each of these contractors say i did not give it to him to get any favors. I did it because he was my friend. Under the government code and the campaign government conduct code it is unlawful for nuru to accept those gifts. It is only unlawful for the contractors to gift the gifts if they intended to get a favor. The excuse given is that this isnt for a favor, this is my friend. This may beings clear if you are giving a 37,000 rolex to a city official who is giving you a contract, you no longer are entitled to get contracts. You dont have excuse this is my friend and i am giving it to him or her. That is one of the loopholes that it closes. Another is that it may beings cleanup work. For instance. Ordinance now talks about the direct or of Administrative Services one that would appointer the hearing officer. There is no longer the thing in the city it is city administrator. There is cleanup work in addition to what i talked about. We think this will discourage contractors from continues to try to give gifts to city officials and if they continue to do so it will be easier to take them off the books while the criminal process plays out. I am happy to answer any questions that the committee has. Thank you for the presentation and all of your work. This is a necessary and crucial step to root out corruption and restore the faith of the public. As you mentioned, you have introduced an amendment and i am happy to make the motion on this amendment. They appear on page 9. Again they would require officers who preside over department and suspension hearings be an attorney licensed to practice in california with at least five years of experience. Before we go to Public Comment, colleagues, do you have any questions or remarks you would like to make . Chair mar, i would like to be added as a proud cosponsor. I will make you primary sponsor of the item. I dont want to cause any consternation with my friend the City Attorney, why dont we let this be the City Attorneys work and i will vote for it at committee and at full board. Thank you, supervisor peskin. Supervisor haney. I want to thank you, mr. Flynn, and thank the City Attorneys office for their proactive and necessary work on this and the broader investigation. This is a very awful time for our city when we are continuing to have these kind of allegations of corruption. It seems to me that we clearly need to be able to take action against individuals and companies who are charged with corrupt behaviors and ensure that they are not getting further contracts with the city during that time. One question i had was about another maybe it is a slightly different category. The situation that involves rod regoes santos. He has been charged. He is not exactly a contractor in the same way but there were reports of mr. Santos continuing to pull permits and engage with d. B. I. In various ways. Would a situation like that be covered under this ordinance . What is the scope of engagement that is included that could be suspended while somebody is under investigation or has been indicted . That is a great issue. De barment is a process by which someone who gets money from the government is determined that they are no longer entitled to do that. A grant or contract they are no longer allowed to do that. Sorry about my dog. People who apply for permits are not getting contracts, they are getting permits. It is different to come up with parallel regime. If you are not an honest broker with a department while seeking a permit for others, is there something that can be done . The de barment process comes from a long line of from the federal to local to state government. We want to clean it up. It has never come over to the permitting. There are different issues to look at in terms of that. Wyou are correct. That is the example in how we can do that. If we know someone is not truthful, what we currently do is we put we advise departments to put additional bells and whistles on that permit process. If someone is not being truthful to look at every application, follow up, to do checks, to make sure this is truthful. There is not in our code a process to say you cannot walk to the counter and get a permit. This would not cover it, unfortunately. I appreciate that. I do hope that this is something that we can look at if somebody is under indictment, accused of a crime of fraud or corruption. I do not believe they should be getting contracts with the city and i also do not belief they should pull permits from the city. It obviously damages the public trust but brings up the possibility that they are continuing to do the exact same thing they have been charged or indicted for. I think in the case of mr. Santos. We are going to have concerns and we dont want to give somebody a contract engaging in corrupt behavior or facilitating corrupt behavior by allowing them to directly pull permits from d. B. I. You know, i hope that is something we can look at closely and address. I dont think it is right for our City Government to be giving money out or permits out to people who are engaged in corrupt behavior and are under indictment or investigation for it. My staff is delling me i may be telling me i have a hearing on this upcoming. Maybe supervisor peskin was involved with. I hope we can find a similar solution to prevent that behavior as well. Thank you. Thank you, supervisor haney for that. When we go to Public Comment, mr. Clerk, any callers on the line . Please let us know if there are any callers. If you have connected press star followed by 3 to speak. On hold please continue to wait until you are prompted to begin. You will hear prompts to inform you your line is unmuted. On cable channel 26 or through sfgovtv if you wish to speak please call in now by following the instructions on your screen. Dial 4156550001. Entered d1466994959. Press pound twice and star 3 to speak. Do we have callers for item 3 . Mr. Chair there are no callers in the queue. Thank you. Public comment is now closed. I would like to move we amend the item as presented and send the item as amended to the full board with positive recommendations. Mr. Clerk, please call roll. On the motion the ordinance be amended and recommended as amended to the board of supervisors. Vice chair peskin. Aye. Member haney. Aye. Chair mar. Aye. Mr. Chair there are three ayes. Thank you, mr. Clerk and thank you for all of your work on this. Please call item 4. Agenda four administrative code to establish the Work Force Education and Recovery Fund. Members of the public who wish to comment shall call now. Public comment is 4156550001 enter meeting id. Press pound twice to connect and star followed by 3 to enter the queue to speak. Please wait until the system indicates you are unmuted and you may then begin your comments. Thank you. Like item 1 the back to work emergency ordinance this is in response to those unemployed due to health pandemic. Most of the more than 200 san franciscan who filed over the past 8 months will not return to previous jobs. Supporting them to upgrade skills to get back to work with will extremely important part of the economic recovery. One of the key recommendations of the Sf Economic Recovery Task Force is for the city to provide culturally accessible job training with career connections for marginalized aplaid off workers. This will recrate the Work Force Education and Recovery Fund to provide Financial Support to city college of california. Student Wraparound Services and social justice, Lifelong Learning and enrichment classes. We recognize the role of city college as largest provider of workforce training in Adult Education in the city with all programs tuition free to San Francisco residents. It is a strategic investment to expand the vocational classes leading to Career Pathways at this time of meed. The city budget includes 200,000 to work to create a Pilot Program in the Spring Semester to create at least 10 career Technical Education classes for unemployed workers in key sectors such as health education, nursing, emergency responders, Information Technology and building trades. I thank my cosponsors haney, ronen and preston and leaders who we worked with on this measure sft2121, student leaders, trustees, and interim chancellor. I want to thank City Attorney clark and the department of children, youth and families. Last but not least my staff for all of their work on this. Before we go to Public Comment, do you have any questions or remarks, colleagues . Okay. Mr. Clerk. Any callers on the line . Thank you. Please let us know if there are callers ready for those who connected by phone press star 3 if you wish to speak for this item. Those already on hold in the queue please wait until you are prompted to begin and you will be informed your line is unmuted. On cable channel 26 or sfgovtv please call in now by following the instructions on the screen. Dial 4156550001. When prompted enter the i id1466994959. Press pound twice and star followed by 3 to enter cue to speak. Do we have callers for agenda 4 . There are no callers in the queue. Thank you, operations and mr. Public comment is closed. Colleagues. I would move we send this to the full board with positive recommendation. Mr. Clerk please call roll. On the motion offered by chair mar to recommend to the board of supervisors. Vice chair peskin. Aye. Member haney. Aye. Chair mar. Aye. Mr. Chair, three ayes. Thank you, mr. Clerk. Is there any further business . There is no further business. We are adjourned. Take care everyone
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