tv [untitled] July 14, 2014 9:00pm-9:31pm PDT
9:00 pm
to go forward and make sure that they get in compliance and that the worker are protected. and thank you so much again for shining a light on this. >> thank you very much, ms. wagoner. if we can hear from karen yu of the department of public health. >> supervisors, i'm senior environmental health with the environmental section of the health department and also a member of the wage theft task force. so, in the report prepared by the task force, there are several recommendations revolving around how city departments can have a bigger role in deterring wage they arethv. and today i would like to provide two examples of how the health department can -- has illustrated how city departments can become more involved. since 2010, the environmental health branch of the health department was approached by olrc to consider suspending and revoking health departments to establishments whose owners have failed to comply with olrc
9:01 pm
requirements. and since then we have been using a general clause in the california retail food code and the health code department with olrc, the workers and the community-based organizations in recouping wages for workers. for example, this is how it usually goes. when either olrc or the [speaker not understood] department of labor standard enforcement requires [speaker not understood] pay back wage, the owner is still recalcitrant in complying, olrc will file a complaint with the health department and the health department would hold a hearing with the director of public health to consider permit suspension or revocation. although this does not prevent wage theft, this model of keeping the owners accountable for complying with applicable business laws has been really helpful to olrc's efforts. it's very helpful to worker to
9:02 pm
recoup some of the wages more quickly. and i'm sure it helps promote good business practices. so, in order to -- >> can i just ask you, so, withholding of permits by the department of public health, i'm going to guess that that's for restaurants largely or what are the types of businesses and how often is that used? >> okay. so, we have definitely worked on restaurants com politectiontionv with olrc as well as one establishment, we also worked with a massage parlor. ~ complaints through the last couple years we worked on two or three cases together. >> thank you. >> okay. and -- but in order to continue to do this and to strengthen the health department's authority as far as other city departments, we really urge the board to consider an ordinance that specifically authorize city departments to suspend and revoke permits to violators.
9:03 pm
and that's recommendation a4 in your report. and the second role that the health department has played in the deterring wage theft is in educating our clients. as you know, dph serves a population that is very susceptible to wage theft. so, while doing healthy homes, while we're doing healthy homes visits to wic recipients, we speak with families about wage theft and their labor rights. and then for the owners we conduct -- require food safety training for establishment owners, food establishment owners. and recruited in that training we have materials about minimum wage ordinance, occupational health and safety. and, so, like dph, many other city departments also have clients who are susceptible to wage theft. so, we urge the board to consider, you know, pushing forth recommendation a5 in order to -- so that the city
9:04 pm
departments can include education of wage issues and labor rights into the regular educational efforts. >> thank you, ms. yu. thank you so much. i see we have regina [speaker not understood] the director of our office of small business. i was wondering if supervisor campos and his staff had asked if you wanted to make some remarks. >> thank you, supervisor mar. they had not, but i would like the opportunity to do so. and i, too, want to say that it was an honor for the office of small business and myself to be a member of the task force and extend my appreciation to supervisor campos and you for convening the task force. and to say that for our office, you know, the task force, i think we were all in very much agreement with the recommendations and our office is in agreement with the recommendations and really want to encourage the board of supervisors to fully adopt
9:05 pm
them. and that we are also very fully committed where we have engaged with businesses. it is our role and responsibility so make sure that they know what all their regulatory requirements are, which includes dealing with individuals' wages and the san francisco specific employment laws. ~ to make sure so, we take that very seriously and continue to do that daily with our customer service in terms of informing clients. the materials that olrc has on the labor laws had been a tremendous tool for us because so often we're having conversation with individuals and they're receiving a vast amount of information in terms of what they're required to do. so, to be able to hand them a pamphlet that states all their obligations is a really valuable tool for us to ensure
9:06 pm
that they have that to walk away with to remember that when they start employing individuals, they have these additional obligations. i think we are also interested in looking at additional ways of which we can identify and communicate with businesses that start out as sole proprietors and maybe in a year or two then start employing individuals. and, so, to remind them of their additional san francisco employment requirements. so, i think that there is some additional opportunities, then, that we have, but again, really want to sort of reiterate with the department of public health ways that the departments can strengthen our interaction and utilize those tools to sort of leverage businesses being responsible. we support that. >> thank you very much,
9:07 pm
[speaker not understood]. now we have from the city attorney's office stephanie [speaker not understood]. thank you for being here and participating as well in the task force. >> thank you. good afternoon. i just wanted to touch on briefly some of the work that the office of the city attorney has done with the olrc. i've been working with the olrc for seven years now. ghosh, i can't believe that. and our office has resolved -- what we do is work with them on the cases that they aren't able to resolve informally. so, a lot of their cases they are able to resolve would you tell us, but once a lawyer gets involved or if it gets a little bit more complicated then they will call us. so, since 2004 we've resolved about 131 cases. i counted roughly this morning about $6 million we've brought in in back wages in penalties and whatnot. so, about 3-1/2 million in the
9:08 pm
last -- since 2012. so, a couple of cases involving home health care recently, [speaker not understood] and sunset garden which is one of the cases that we partnered with the employment law center and the wage justice center. ~ recently. one thing i wanted to note, though, most of these cases do settle outside of court. 99% of them. that's something i think is important to note, but that they do need our assistance. and what we do is we work with the employers and we educate them. so, when we're settling them, we teach them about the law. we get them into compliance and hopefully we don't see them again. so, that's what they use us for. they use us to mediate and to settle them, to teach them, and then if they need to go to hearings. we have gone to hearings. we've been in this courthouse hearing, every time we've gone to hearing we've won. they're all on our website and we've prevailed every time. we also filed civil actions, i
9:09 pm
guess they recommended that we file more. we've done that a few times. also reese endly doing more and more of that. we also are amending legislation filing new legislation suggesting that we do more with enforcement, filing liens ~. so, they're using our office, our office is becoming more progressive along those lines as well. so, moving forward, i think their suggestion that we do more with our remedies and liens is a good one, but i wanted to follow-up quickly with what representatives from dph said and just reiterate what she said. she is the board to consider, the ordinance to specifically authorize -- i have to read t. the recommendation a4 about the health code. i think you'll need to take a look at that. she's right. the health code doesn't specifically, i don't think, state about the permit revocation. so, i would ask you to look at that and if i can that because
9:10 pm
we do need health care to save that. otherwise the supervisor with the olrc do great work and i ask that we be given more resources, too, so we can continue to do the work we do. >> thank you. and i see no other departmental speakers. i think we should open this up for public comment now. i wanted to shea that [speaker not understood] from the chinese progressive association, jose from young workers united and [speaker not understood] from filipino community center and probably others that participated in the task force are here. i'd like to open it up for public comment if there is anyone that would like to make remarks. so, please come forward. we're limiting it to 2 minutes per person. and i believe there are translators if necessary, too. okay, i'm leone, i speak
9:11 pm
cantonese. and i was working in [speaker not understood] season restaurant. [speaking through interpreter] so, i'm a worker at all season restaurant and while working at the restaurant i did not receive minimum wage. i did not receive overtime pay or paid sick leave or any other health benefits including health care security ordinance. and when i started working there i was not informed of any of my rights as a worker, and in fact it was not until a few
9:12 pm
weeks into my employment that i learned that i had these rights through my coworkers. so, because i what in fear of losing my job, i stuck around to work at this workplace for over a year and it was by chance that i had learned that san francisco had the office of labor center enforcement and it was through the chinese progressive association, through their help i was connected up with compliance
9:14 pm
so, through, you know, working with robin at olrc we were able to come to a settlement, but it was not before i found out through the newspaper that actually the restaurant had got their health license suspended by dph so i would just say i was lucky enough to be able to get all of my back wages back and thanks to the work of olrc and i would just say that i encourage the board of supervisors to continue to support the collaboration between the different city departments to continue to enforce labor laws so all workers can have their just compensation. thank you. >> thank you to mr. [speaker not understood] for your courage on that. and thanks to cpa and also robin ho [speaker not understood] to make sure that is a great example. i believe [speaker not understood] luis is here and terry from the fcc as well. regards to everybody. my name is [speaker not
9:15 pm
understood], a victim of wage theft, a member of filipino community center and [speaker not understood]. it is a positive aspect of collaboration between workers, the community-based organization, the lawyers and [speaker not understood]. it is for us workers. language is a barrier, is a significant barrier. we have difficulty in fully explaining exploitation and abuse they face in the workplace from their employers because of limited english proficiency and the nature of the situation they have to describe. workers must [speaker not understood] community organizations such as the filipino community center because of the competency and language [speaker not understood]. the fcc also help workers file the wage theft cases -- >> sorry, ma'am, please speak into the microphone.
9:16 pm
and provides education and advocacy about workers rights. the filipino community center also helps facilitate communication with the office of the labor standard enforcement and the lawyers. worker consistently provide a base to the community base organization like the fcc to support their wage theft cases. workplace includes employers intent to sell their business and leave the country with caseses [speaker not understood] and mobile abuse [speaker not understood]. the collaboration between workers, the fcc, [speaker not understood] and lawyers assure a consistent and [speaker not understood] communication. workers rights education is important for workers to receive wider cases will be in review. it empowers worker to advocate
9:17 pm
for themselves and to help prevent wage theft by helping the fcc conduct their rights. [speaker not understood] rights works within the community. this clinic highlights the need to stop abusive employers and exploitation of workers. >> ma'am, please continue. please continue. as a victim of exploitation and as a member of communities, it is the duty of workers to make efforts [speaker not understood] employers who constantly exploit immigrant workers. finally, collaboration between workers, the community-based groups and [speaker not understood] se is a [speaker not understood] help to obtain [speaker not understood]. thank you so much. >> could you explain what immigrant e is as well, or the projects within the ftc? ~
9:18 pm
immigrant e is an organization as well. they help a lot of people, especially like in my case ~. we've been a victim of my, you know, of [speaker not understood] issue that happened a long time. also because i work in a facility [speaker not understood] and we don't know where to go because of the [speaker not understood]. so, [speaker not understood]. and of course the filipino community center. we become more [speaker not understood] -- we have the courage to express, you know, what's going on with our -- in our workplace. and, so, they introduce us like the olrc to give us more help
9:19 pm
and, you know, for -- it is easier, it became easier for us to win this legal battle because of this legal advocates like the olse, like the -- how do you call that? employment [speaker not understood] and of course the filipino community center. >> thank you for being such a great leader and mr. wu as well from cpa. i think it is a perfect example of worker empowerment from worker centers and model of city departments working with you. thank you for the example. thank you so much. >> i know there may be other workers that are here as well, but i'd just like to open up for public comment. go ahead, mr. [speaker not understood]. my name is [speaker not understood]. thank you, supervisors. i'm from the scc. over the years like the city we've been able to recover over a million dollars in wages putting it back into the pockets of caregivers, like the filipino worker who work platt places like university mound.
9:20 pm
a lot of places across the west side and both of your districts, supervisors. there are so many care homes there. we're proud to be part of the outreach collaborative that donna mentioned earlier, with other organizationses representing chinese, filipino, latino, care givers, domestic worker, day laborers, hotel workers, mostly immigrant who are suffering from wage theft ~. we're also a proud member of the progressive workers alliance that's been pushing forward policies like a higher minimum wage, like stronger enforcement policies for olrc and the resources that can be there for the city to ensure worker are getting their basic rights. we are proud to join and thank you, supervisor mar, and supervisor campos as well, for your leadership on creating this task force which i was fortunate to sit on with other business reps, nonprofit and private attorneys, all of the city departments and organized labor to tackle this widespread issue of wage theft. and it means literally that some community residents and workers aren't able to live in the city any more. there is one case of the olrc, a hotel company that couldn't
9:21 pm
pay his worker or refused to pay and we couldn't collect an that, had to leave the city when his wife was stricken with cancer. this is the reality. we support all of the recommendations in of the report and particularly wanted to highlight a few. definitely the stronger enforcement and the resources needing to be there for the city, that this task force needs to be a permanent task force that meets at least quarterly to tackle these issues across the city. that permitting be tied to wage theft violators and not be giving permits or tax incentives or contracts with the city. that stronger enforcement measures and new ideas like a streamlined hearing process are also in place, new strategies like a wage lien being discussed potentially in the city to go after employers. sun zth garden was a case of an employer who sold their property and never paid their workers. but it was literally the task force in the prick of last year where i was able to call lowell turner at the city attorney's office, to make sure we were going to do this ~ before the
9:22 pm
owners fled the country. that is an example of what we can do what we have this collaborative effort and move it forward. we encourage your support for that going forward, all of the recommendations and continued collaboration with all of the community groups. >> thank you, mr. valen. if there is anyone else that would like to speak, please come forward. so, seeing none, let's close public comment. [gavel] >> and i wanted to thank everyone for coming out. i think the task force recommendations are, are really great ones and all the hard work for many individuals from city departments to attorneys, but also especially the worker center organizations as well. i wanted to say that supervisor campos's office and my office will be looking carefully at these as we move forward not only with the minimum wage raise on the ballot, but also other issues of the recommendations from staffing levels to improving the process so that worker have a real voice and it's a level playing field as they move forward with wage theft claims. and i'm wondering if supervisor
9:23 pm
yee wanted to make any closing comments. >> no. i mean, again, i think the public already had given recognition of starting this task force is an important task force and the recommendations are very solid. i'm just wondering whether or not you would like to continue this item to the call of the chair. >> so, yes. i would like us to continue this item to the call of the chair. and before we close, i wanted to thank carolyn goose enfrom supervisor campos's office and hillary ronan for their incredible work, and especially the coalition ~ that made san francisco kind of the first city to pass a major wage theft policy 2011, and then our amazing wage theft task force. and we're looking forward to continuing the task force and to implementing these great recommendations as well. so, supervisor yee has made a motion to continue this to the call of the chair. can we do that without objection? [gavel]
9:24 pm
9:25 pm
9:26 pm
>> here. >> commissioner dejesus is en route. >> commissioner loftus? >> here. >> and commissioner wong? >> here. >> mr. president, we have a quorum and also, the chief of police gregory suhr. >> welcome to the wednesday, july 2, 2014, police commission meeting, you see that we have a pretty wide agenda and we are moving into the summer session and we actually may have some other days off due to vacation schedules and training schedules, but welcome. this meeting is going to be a very positive meeting. we are going to have after general public comment, a presentation by officer jason johnson, regarding a trip that the police department arranged and i will leave it for him to tell us more about it but it is something that the police department with be proud. >> without further adieu, call item one. >> general public comment. >> the public is welcome to
9:27 pm
aaddress the commission. address the commission as a whole. on the commission rules of order, during the public comment, neither the police or the personnel or commissioners are required to respond to questions presented by the public. but may provide a brief response. limit your comments to three minutes. >> it is time for general public comment. >> >> good evening, president mazzucco, and commissioners and chief suhr and director hicks, i am the president of the san francisco police station. and i wanted to appear before you tonight, basically to
9:28 pm
comment on an article johna, lamb, and he was granded a list, and the officers who have fired their weapons and who have been involved in officer involved shooting since 1990. in his article he makes references to the number of sfpd officers, who have fired their weapons in the past 24 years. and he intends to betray our members as being somehow trigger happy, nothing could be further from the truth. what he does not touch on in the article, some of these discharges were accidental or unintentional and tragically some of these were officers who had taken their own life due to depression, or ptsd. >> he also does not touch on the fact that the vast majority of these discharged were by officers who had put themselves in harm's way and were
9:29 pm
performing heroic acts, protecting the lives of the residents of this city, or, simply protecting themselves, from suspects who had fired first responsible them or who had assaulted them. >> my name is on this list from an incident that occurred in 2002 while he was serving on a federal task force and i can tell you that this is the last thing that a san francisco police officer or any police officer wants to put themselves through. it should be noted that they are investigated by criminal and administrative investigators and also, the district attorney conducts a thorough investigation, independent of the police department. the review process is thorough, and each incident gets reviewed by the san francisco police department command staff up to and including the chief and the
9:30 pm
commission is kept advised of the product of these investigations. in the vast majority of these incidents involving a criminal suspect, the members of the sfpd act $within policy, for the size of our department and the size of our city, for the date, time and population that exceeds over 1 million, the number of officer involved shootings in san francisco, is below the national average. that is due to the professionalism of the members and the training that each one of those receives. >> i wish that mr. lamb had touched on any one of those issues. >> thank you. >> next speaker. >> good afternoon, i am here before you as a resident of san francisco and also a former officer in the 146. i am employed by the fire department, as a fire engine paramedic. and i worked for the city
34 Views
IN COLLECTIONS
SFGTV: San Francisco Government TelevisionUploaded by TV Archive on
![](http://athena.archive.org/0.gif?kind=track_js&track_js_case=control&cache_bust=698952424)