>> mark is stuck on me

mr. president, the recording has officially started. >> okay. >> item number one first, i'd like to officially start the small business commission it is 541 and please for the audience if you can turn off our cell phones and pagers please fill out a speaker card and it's not required

item roll call. >> commissioner president adams commissioner dooley commissioner dwight he's stuck on muni. >> commissioner torres arrest commissioner riley commissioner tour-sarkissian sxit is absent mr. president, you have wrourm. >> thank you. next item. >> item number 2 general public comment likewise members of the public to comment generally on matters of pursue verify items and considers futuristic items. >> do we we have members that are commenting not on today's agenda seeing none, public comment is closed. next item, please. >> item number 3 is discussion and possible action to make

recommendations to the board of supervisors on board of supervisors file 140999 this is this administration active code 14 b local business enterprise program that is amending the administrative code a rise the local l.b. and human rights commission to the city to codify and transfer sorry i skipped a line to codify and the enforcement from the human rights commission to the city administered and the contract monitoring sdrigs division riverside the mayor to set up the lbe of not less than 40 there is of the told her for small micro lbe for increasing

the discount to allow the lbe on contract between $10,010,000,000 requires the chapter 14 provisions for the implementation plan important the lbe contractor for the advance program to loans and subcontractors increase the assurity bond to seven hundred and 50 thousand to one million to require the good faith for the competitive amazes and establish a mentor program between the established contractors and require the design and the portions of the build contract and repel the ordinance for the competition of a of the bayer library construction project and make

various other changes you have justin try the allergic active aid to supervisor david chiu. >> hello, i'm from supervisor david chiu office my understanding is bill maybe here from the city administrator's office i want toy request if there's to be a lot of discussion i ask you hear the two items first and supervisor mar is here so but if it's fast if the commission has questions about the legislation and wants to go to the recommendations that's fine if it's brief i defer to the commission if they want to do this first. >> it's pretty clear-cut. >> yes. briefing working with the mayor's office and the

contractor monitor division the stakeholders community of local before his entrepreneurs we've worked on this reform and 14 b is a core program for the city and county to make sure that micro small and the slightly all of a sudden intestate can have a good shot at participating in the cities process and among the core of the changes are citywide goal participation and other forms to improve their chances of participating in the contracting process there is a lot there but straightforward we have a budget committee hearing on thursday i ask you recommend approval the item. >> my commission comments? commissioner tour-sarkissian and hello, i have a question

regarding the i read the changes and under 13 b-3 you removed the presumption concerning the precipitation provision concerning the san francisco federal taxed from the criteria certification and replaced it by the following to establish a privilege place of business in san francisco and accident majority of its principles are based many in san francisco could you please dwell on the logic >> thank you, commissioner my understanding is that's one of the changes that comes to as parrot of a clean legislation working with the sdoofgz two pieces the elimination of the payroll tax and it's replacement by itself receipt tax the

monitoring division of the city administer's office that oversees the program railroads requests the second part to certify to the lbe with are partnering in the program radio in fact, businesses not only set up in san francisco by locally owned businesses. >> i have another question yeah. >> on the mentor program if you could explain to the commission. >> one of the continuing changes of the 14 b program to make sure that a local business understands the progress of the city contractors it quite complicated and the mentor partnership i understand that the mayor's office and the city muster participate with the local businesses with the process of certification and the

lp processes their processes with are complicated it's one of the pieces of legislation my understanding from conversations with the mayor's office they want to increase the capacity for local businesses to participate in the program. >> how does it work. >> it's being flushed out but the goal is to try to have long-standing lbe top that mentor roll that a new business times to gave me a program through the city administrator's office a potential lbe can sign up for the program and the cd program will establish it so i think that's the goal of the program. >> commissioners. >> in the. >> bill barns if the city

administrator's office just arrived do you want to add to that. >> e thank you, commissioners any other questions or comments. >> public comment that want to make a comment on item 3 seeing none, public comment is closed commissioners, do we have recommendations this is a straightforward i'm glad we have changes it actually you know as i read it, it streamlines this program to let people that want to become lbes it's crazy so you appreciate supervisor chiu and the mayor's office to streamline the program it actually will give more i believe more opportunities for small businesses to do business with the city so do we have any

recommendations. >> i move that we recommend this those changes. >> okay do we have a second. >> roll call. >> sxhishs adams commissioner dooley commissioner dwight commissioner ortiz-cartagena commissioner riley commissioner tour-sarkissian mr. president, that you're sending forward a recommendation on the 14 b to the board of supervisors. >> thank you good job thank you. >> okay. the next two items items 345e8 are similar we would like to call them together do we need to do a vote on that or call them together so i'll let you. >> the item 4 discussion and

possible action to make recommends to the board of supervisors on the board of supervisors file 14102 had the police code the fair treatment of formula retail employees this was an ordinance to require the formula retail 125ish89 to provide employees with two weeks notice of work schedules notice of change to work schedules and compensation for schedule changes made on less than 7 days notice and unused on call shifts to provide part-time employees with the same starting rate ever hourly pay to sees of time off and access to pro tem's this is a discussion and possible action introduced and supervisor david chiu and samantha restraining order hospital ask here and item

5 decision and possible action for the board of supervisors file 140880 police department office and protection of hours for the employees this is the operations of formula retail establishments requiring the employers to offer additional hours of work when available for part time and requiring the successor employers to allow the employees to stay and today, we have supervisor mar that will present on his legislation. >> thank you commissioner president adams and commissioners those two pieces of legislation we collectively call the retailers bill of rights it is an important legislation that will help tens of thousands of low wage workers in our city i want to say that

two we've built a broad coalition that's behind us a number of them will be speaking from small business owners to workers that are low wage workers themselves it impacts their families as well in san francisco today we've been experiencing an extreme worker atmosphere for the families this is zoo to the influx of hiring professional workers particularly in the tech sector but due to the instead growth of workers in low what this jobs thousand of workers do live from paycheck to paycheck but a lack of job equality on, on call

workers our communities have been grappling with those challenges including the spike in the housing and the displacement of low income families many of my family has worked for the gap and small businesses and macy's for example and have suffered abuse with no scheduling at all i've been working with a coalition of small business owners with the community and president chiu to have the bill of rights so i'm happy to be working hand in hand with president chiu and i'm on the co-chair it is a set of policies that have fair scheduling for tens of thousands of workers in retail and

restaurants and corporate owned businesses i want to say that the santa fe san francisco particular time has identified one thousand 2 hundred and 50 businesses if in our city covered by the decision so besides wal-mart and target it covers gap and h and m over 21 for example, and radio shack and 7-eleven and trader joe's as well as chain restaurants from starbuck's to the olive garden our coalition is lead by the jobs of justice and unit service worker west and sf loma north america ma have developed the bill of rights for predictable schedules in a fair workweek my

portion the hours and retention for the formula retail employees has this following key provision there's a number of parts of this there's parts i'll go through and samantha from supervisor's chiu's office is here number one applies to formula retail establishments with 20 or more employees in the city and we've set the thresholds at 20 or more employees within the city and county of san francisco to avoid the franchises and covers janitorial and security contractors and it's important we note those two industries have a worker retention requirement under the article 33 c our ordinance references those and provides more security for janitorial workers for the retailer businesses and number 2

requires the formula retail employers to first offer current part-time employees business for those workers a requirement their offered any additional work before hiring new employees before uss temporary services or staffing agencies to do the work for formula retail businesses so the employer must make the offer in writing and it applies to janitorial or service contractors or subcontractors and we call them property service contractors as work promoted in san francisco covered by the ordinance under the formula retail employer the requirement also applies to employers which one the current employer the current workers are kwchld to do the work and two the work is the same or similar

to what the workers have performed and the employers are required to offer only the number of hours the employee needs in order to work 35 hours a week and 3 if a formula retail business changes ownership that is about skirt employment if a formula retail business changes ownership the new owner mass retain for six months other than spiritual or managerial employees that requires the incumbent successor employers to do the following a the incumbent business must give them a protection list identifying the rate of pay and the number of hours in the 6 months and the

classification and contract information and the incumbent and successor employers must post notice of the new business and provided the employees rights under the ordinance with they're first paycheck after the transfer and they must make an writing written offer low the same terms of the clarification contemplation and number of work hours that covers those individuals and the incumbent workers required by law and d the successor employer must retain the employees for 90 days may not discharge without cause and employ other individuals for the job clarification that the transfer ends 90 days after the successor employers open the

business to the public and e the obligation to hire the employees retention is whether they do business in san francisco if the successor employer didn't need to employ all they must look at the date of hire by the incumbent employer or the applicable bargaining agreement and lastly it requires the employers to post and make records available to the city they must post notice when a formula retail business is - and with the first paycheck after the transfer the employers must post the rights of employees at the work place and employers must give the city the payment

and records with the appropriate notice by the city at a mutually abdominal time and it proscribes the employers to take all files and documents to be submitted to the clerk versus action against the employees for exercising their rights in conclusion the worker bill of rights is an compliment to our raising of our raising the minimum wage to $15 an hour it is just, fair scheduling is critical for the tens of thousands of workers and the families those measures provide economic security for 10 of thousands of restaurant and other service workers their key pieces to closing the unacceptable dived in our city the way we crafted it president chiu and my office we're

gnarling targeting those businesses that are the perpetrators of practices that can afford to implements those common sense reservations and janitorial and security contractors are only regretted under the formula retail service those are businesses that are sgrabl to the business and the workers deserve the same level of protection our two ordinance the workers bill of rights will raise the bar for a large number of employees without negatively impacting our small business sector and much of the coalition that is here and those not urge your support i wanted to thank our office of economic workforce development for being here and our director regina as we

started to think about this process several years ago as well. >> commissioners, comments or questions. >> commissioner dooley. >> i have one question about why nonprofit formula retails like good well, are not included. >> i know as we crafted that with our coalition we were looking at the most abuse of practices that was probable a consideration but perhaps as some of the coalition testifies weigh get more information but that's my understanding why we did that. >> commissioner tour-sarkissian. >> supervisor mar thank you for your presentation i have a few questions on the distinction rerlt to the employee and employer you've the official employee is

an employee may i read it first. >> if you could point out the page. >> it's page 3 of the legislati legislation. >> so line number 8 starting. >> yeah. >> i've agreed shall have the same meaning the employee in section 2.3 of the minimum wage ordinance it amended from time to time except an employee in a particular with work e week is scheduled for an on call shift for two hours within the boundaries of the city regardless if the person reports to work four such shift the

question is if a business has employees and employees on call for two hours that would be counted as an employee for purposes of the legislation. >> yes. that's my understanding. >> and so this may capture a lot of small businesses in my opinion do you share that feeling we're going not targeting potentially the large businesses could bring under our legislation smaller businesses. >> well, it's employees of formula retail that's 11 or more stores combined and if we're xooufd the franchises and small businesses when they have 20 or less