tv [untitled] July 19, 2012 3:30pm-4:00pm PDT
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right now, we have been working with cathy barnes on some of this and in some of the equal protection definitions, same-sex marriage is not recovered under domestic partnerships. people might have to register as domestic partnerships even though they are legally married just because of how federal law is. some of those are difficult issues, and i think a lot of those need to be addressed through legislative changes. supervisor campos: i want to ask a couple of questions of the city administrator's office, but first, in terms of the transition, you know, take some time to move a function from one agency to another. i am wondering how this has been going since the announcement was made, and do you feel that we are engaging in a smooth process that will facilitate the function continuing, to make
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sure that there is no disruption in that? >> as i'm sure you know, change is hard, particularly in a more institutionalized organization, but the city administrator herself has come and talk to our staff twice. we have had discussions and meetings with the unions. the union's support it. we have had many discussions one-on-one with individual staff. they support it, and they shared many of the same concerns that you asked me about a few minutes ago. it has had its ups and downs. it has been released mou for a week and then will go off track for a few days. now, i think everyone is in a mode of they understand it is going to happen. they understand where they are going. local business will be moving across the street from 25 van ness to 30 van ness. there is some real estate shifting going on.
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that will probably take until of the end of august, maybe sometime in september, but all the other functions, the legal functions, and the authorization functions i think are happening pretty smoothly. >> relating to that question, director, just one note about how is this information about this change being disseminated to the businesses and the different folks in the private sector and other sectors that would be impacted by this change? >> so far, we have not done a lot of outreach. we wanted to make sure you get some dates and times established. i addressed the local business enterprise subcommittee advisory committee, the hrc, last night and gave them as many details as we know and assured them that they would have some role in the city administrator's office, as was assured to me by the city administrator. at some point, there may need to be a more broad scale analysis, probably pretty soon because it
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was processes -- we have appeals pending that will shift to the city administrator, so we have a lot of things we need to make sure people understand. and, of course, being right across the street, it is not like they are moving across town. supervisor campos: if i may, i would like to ask the city administrator's office -- thank you very much, director sparks. thank you for your presentation. before i ask was specifically about some of the changes, one of the issues i raised was as we move forward, making sure that there is adequate staffing of the human rights commission. i wonder if you could speak to that a little bit, making sure there is a commitment on the part of the mayor's office to continue to watch that, and as the commission itself is engaging in discussions of future vision for the commission, making sure there is an openness to add additional
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staffing if that is needed. i wonder if you could speak to that. >> we support the human rights commission as it moves forward. we are taking a measured approach to the transition. there are members both of hrc and the city administrator's office in the transition team. we are looking at the budgeting process, the work orders, and we have been reassured by the mayor's office that they are going to keep the human rights commission program moving forward. supervisor campos: in terms of when you think this transition will be completed, is there a date, a timeline you are thinking of? >> the city administrator has been meeting with the group, and we have asked a couple of resources, former hrc employees, to help us in the transition.
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they may know more than i do. at this point, we are just meeting regularly. supervisor campos: it probably will be helpful for us, when we get to the point after we take public comment, for us to continue the item to the call of the chair, towards the latter part of this calendar year. maybe sometime in the fall we can come back, maybe in a couple of months or so, to see how things are going. supervisor kim. supervisor kim: thank you. i just had two questions on the transfer to the city administrator's office. one thing i have often heard is that it is not just enough that we have the lock in itself, but we have to do the outreach in order to get as many applicants as possible. it is great to have the law, but if we do not have the applicants, how can we make sure we get more local and minority, women contractors?
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i am curious -- what is the city administrator's plan to increase our reach? -- l reach -- outreach? number of departments. we have purchasing, so a lot of our work in dealing with the businesses, whether it is a small, local business, or a large company, is talking about the city's goals and priorities. part of that ruling is these other divisions within the city administrator's office can now talk about how there will be increased coordination and talk about our goals of increasing local businesses. supervisor kim: i think that is great, and i think you have many more folks that can do that, but without a concerted outreach plan, like businesses reminding
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people when contracts are coming up, making just a simple phone call, i still do not think that work will happen. sometimes i think getting the phone call makes businesses more confident in applying as well. i certainly hope the city is able to engage in that effort. the second, i just wanted to make sure i understood this correctly -- you are kind of pulling a lot of these staff folks together to one house? >> not during the first year. first year, we want to maintain stability and make sure the transition is run smoothly. later there may be additional opportunities. supervisor kim: i know hrc staff is divided, and that can make it challenging to do coordination. >> similar to the purchasing department, the enterprise department what the officers on site so they understand the businesses they are in, especially since they are
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finding them. at this point, it is very similar to purchasing the hrc. again, it is about teamwork and pulling together the team to talk about generally the programs of the goal -- the goals of the program. but they are still comfortable to the city administrator's office. supervisor kim: how can that be done? how did you plan on doing that? >> similar to the purchasing office, at this point, what they do is have regular staff meetings, and whether it is monthly or every two months, they talk about what the new coming things are, making sure that communication is going out to all staff, whether you are in the central office or at an enterprise fund department. supervisor kim: i think that is incredibly important. even the we have folks around the city -- and i understand why they have to be in-house -- but
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i think regular meetings are incredibly important. supervisor campos: i wanted to follow up, and i appreciate those comments and questions. a couple of other points -- i wonder -- i spoke to directors barks. i asked about the 12b program and equal benefits division and the important role that that function has played. -- i spoke to director sparks. it has been so successful that now it is more of a universal thing not only in san francisco but in other parts of the country in the world. i wonder if you could talk a little bit about that, what approach you will take. will there be any change in how this issue is approached by hrc now that it will be with the city administrator? >> my understanding is the director of the human rights
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commission retains sole authority to determine whether the compensation complies, and they also continue have the power -- exercise of powers in admin code 12b and 12c. the functions being transferred are mainly at ministerial -- administerial. supervisor campos: to the extent that the responsibility on compliance remains with the hrc, how does that work, given that the functions -- administrative functions will be transferred out of hrc. can you talk a little bit about that? anyone. again, the question is -- to the
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extent that the responsibility in terms of determining compliance, as i understand it, remains with hrc, but the administrative function is being transferred -- how is that going to work? >> under the charter, the human rights commission has charter authority over discrimination programs. the final determination about whether or not an entity is ebo compliant is considered to be a discrimination determination. the plan is that all of the same people that have been doing this work really since the ebo began, will be working under the direction of the city administrator. they will be evaluating files, making recommendations, but ultimately, the director of the human rights commission has the authority under chapter 12b of
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equal benefits ordinance to determine if someone is or is not compliant. the ultimate decision has to be made by the director. interestingly, it is the director and not the commission. there is no appeal to the commission. supervisor campos: i guess the question for me is more of a practical one. i can see the director being able to make that determination where the director retains day- to-day oversight and supervision of some of these individuals. i wonder if you could tell me then -- how does that work? to the extent that they will be day to day reporting to the administrator -- i just want to understand how that works. >> i did not think it has been put into place yet. it is hard for anyone to undstand the question, but i think the factual analysis will be made and reported to the ultimate decision maker, and i of the ultimate decision maker is not the city administrator, it is the director of the human rights commission. supervisor campos: i wonder if
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director sparks has anything to add to that. >> i do not think we have worked out the details. honestly, there's been a lot of different formats we have talked about. whether or not the charter actually talks about discrimination for a program that is not minority and women- focus, whether discrimination under a local ordinance is in fact discrimination. we try protected class is in the equal benefits as we kind of roll it out on certification and some other things, but the primary function of the equal benefits ordinance is to certify companies, and that is done by a group of administrative individuals, headed by tamara winchester, who is sitting behind us. made i
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do not know. supervisor campos: seems like that is yet to be worked out. i do have a final question for the deputy city administrator. i appreciate that a lot of this is being worked out. one of the benefits of having the human rights commission oversees some of these functions has been -- you know, for instance, using the example of community engagement and outreach, is that with hrc, you do have a commission. you have a body of individuals that is providing oversight. you have a city administrator reporting to the mayor and the board of supervisors, so i wonder if you could talk a little bit about how we ensure, as we are moving forward, that there is as much transparency and community involvement, given
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the -- that one of the functions these commissions play is that they are very good at reaching out to communities, in gauging people. >> thank you, supervisor, for the question. i think the city administrator has demonstrated her commitment to working with the board and the mayor. we do not have a commission, but we are committed to working with advisory committees to making sure their issues are heard. chivas for to working closely with this body to make sure your voices are heard. supervisor campos: i think that would be helpful, especially as these meetings continue. it might be that the work of the commission is done sooner and we come back sooner than two months -- who knows? but i would be interested in continuing to talk. i also think, going back to what share -- chair kim was saying,
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the outreach is very important because if we ourselves have not ironed out some of the details of how this will work, how do we expect the public and the people that will be impacted to know? >> if i may, when we come back, we will be back with a plan to present to you. supervisor campos: i think that would be very helpful. i do not have any questions. supervisor kim: thank you. at this time, we will open up for public comment on this item. seeing no public comment, public comment is now close. supervisor campos: supervisor, if i may, i would like to make a motion to continue this item to the call of the chair, and we can speak to your office and with the human rights commission as to when would be an
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appropriate time to bring this back. supervisor kim: i just wanted to thank you for this hearing requests. this is a major shift with the mayor's office, and it is important for the board to hear about this transfer of duties. this is an area where many members of the board and many members of the community are interested in, regardless of the transfer, and i look forward to an update on both the transfer and, of course, how we plan to do the outreach so we can increase the number of contracts we are able to and give to locally owned businesses, women- owned businesses, and minority- owned businesses. i love to work with the human rights commission and city administrator as we move forward. supervisor campos: i apologize -- one thing i hope we also keep in mind is that to the extent as we move these things forward, we -- if one of these changes or
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an aspect of one of these changes does not work, that we are open to figure out maybe perhaps a different approach. i think the goal here is to figure out the most expeditious, transparent, and effective way of approaching these functions. thank you. supervisor kim: agreed, so we have a motion to continue this item to the call of the chair, and we can do that without opposition. thank you. before we entertain a motion to convene -- actually, i'm sorry. can you please call the rest of the items on the agenda. >> items 8 and 13 -- 8 through 13 are litigation, so would you like to entertain a motion to convene in closed session? supervisor kim: before we can meet in closed session, are there any members of the public who wish to speak on items 8 through 13? seeing none, public comment is closed. we have a motion to convene in
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closed session. it looks like most of the members of the public have filed out already, but we will be convening in closed session, so at this time, we ask you to leave the committee room. when we are done, we will come back and announced the actions from this boardthe actions from this board on those items. thank you.
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