i've announced plans to add more next year. i'm very much looking forward to continuing to work with you and the board on conservatorship legislation to bring help to those with addiction issues to the help and support they need. as you and i have discussed recently, district 8 residents can look forward to coordinated efforts of resolution teams coming to some of the areas by church and market areas but as i've said before, homelessness is not an issue that stops at district lines. it impacts every area in the city and some more than others. as mayor i have to look at homelessness on the city wide level and address it as a regional perspective because we know there's a lot of work to be done. this was not created overnight so the solutions are not going

happen overnight but i'm truly committed to work with you we can see and feel a difference on our streets every day. it will require more resources an will require work and it will require patience. thank you so much for your question. >> supervisor: supervisor mandelman, do you have a follow-up? >> an applaud each of the efforts your making and expanding the shelter bed capacity and the question -- the follow-up would be given those commitments an and resources we may be able to bring to bear in the 2019 budget, do you feel folks in the areas of the city that feel they have not seen improvements will see improvements over the year?

>> i think as the investments go as planned, 1,000 beds which includes mental health stabilization beds for people suffering from mental illness which also includes a few hundred single-occupancy hotel rooms. buildings we're looking to acquire which includes the shelter beds we talked about. if we can invest in those, which i'm hoping we'll be able to do early next year, we should be able to open up close to 1,000 possible beds. that's 1,000 people we will be able to get off the streets into shelter or some sort of housing situation. i think it will make a difference but it is not the long-term solution and part of the long-term solution is investing in housing, getting rid of the bureaucratic red tape

to build housing and talk to council to keep people housed and keeping it affordable and make sure there's more investments and looking to the state and hopefully the federal government one day but develop funding opportunities to get housing built. this is going to be a combination of things we'll need to do and work with regional partner in san josé and oakland for the purpose of approaching the situation on a regional level because here in california we know this problem is significant and if we don't continue to aggressively build more housing it's going to get worse. the key is housing production. the key is access for housing for different income levels not just extremely low or wealthy. the people in the middle are the ones being squeezed out and we have to do a better job at that. >> supervisor: madame mayor do

you have questions or closing remarks. >> yes, closing remarks. great to be back in the chamber. thank you all for your questions. i look forward to continuing to work with every one of you on the many priority you all have as it relates to the challenges we face in san francisco as well as the challenges you have in each of our respective districts. feel free to reach out to my office anytime and thank you for allowing me to be here today. >> supervisor: thank you. madame clerk, this concludes the formal policy discussion. thank you mayor for joining us. the matter has been discussed and now filed. madame clerk please called the consent agenda. >> clerk: items 2 through 10 are on consent and considered to be routine, if a member objects an item can be removed and considered separately. >> supervisor: items 2 through 10. on the question shall the items

be passed. pl please call the roll. >> clerk: [calling roll] >> clerk: there are 11 ayes. >> supervisor: the items are past man -- unanimously. please call 11.

>> supervisor: objection, the ordinance is passed. please call the next item. flexible, multi-use retail; permitting temporary pop-up retail uses in commercial spaces; permitting flexible retail in certain neighborhood commercial districts; permitting arts . >> supervisor: same house, same call. the ordinance is finally passed. >> clerk: madame learning. madame clerk. >> clerk: establish procedure of municipal transportation agencies for projects that do not include transit only or emergency vehicles and/or golden gate transit vehicles to make the appropriate finding. >> supervisor: same house, same

call. objection the ordinance is called. it's 2:33. let's go to the 2:30 special order. >> clerk: okay, 2:30 special order. we're ready. >> supervisor: we have three special accommodations. first i want to recognize supervisor tang and then hear from supervisor mann dallman and finally -- mandelman. >> supervisor: i have been working on illegal massage establishments and this board helped close many loopholes an ensure the businesses engage inning human trafficking or other illegal activity -- activities are shut down and i'd like to recognize george montile. please come up. ladies and gentlemen, let's give him a round of applause.

>> so george has spent the last three years at the department of public health. sadly for us, friday will be his last year as he'll be moving on to promotional opportunity with child protective services. while work in the massage program, george has taken the lead on the majority of nighttime inspections, issued many citations an worked with actions including the city attorney's office, police depend and planning department. polaris which has also been trying to be on the front asked him to speak in florida. he's been involved in the vast

majority of closures for massage establishments operating illegally. i can tell you his work has made a tremendous difference especially in neighborhoods like the sun set district where we have some the city's highest concentration of massage businesses. george took pride in his work and has been an outstanding representative of d.p.h. on the massage issues. extraordinary is how he is described by his colleagues at d.p.h. i want to wish george all the best in his upcoming role where i know he'll continue to help many more people. at this time, i also want to acknowledge the rest of your team here, stephanie curbing, the environmental hedge director and patrick bozel the assistant director of environmental health and the program manager and antoinette flores and a senior inspector, and a former part of

the team. all of you have been such great partn partners with our office over the years. there are crimes being committed whether it's involving human trafficking or so forth and you've all been instrumental in helping move forward policies an enforcement where necessary and doing it from a humane perspective and making sure people who need resources receive resources and help they need. thank you so much, george, for all the years of service. i want to thank you and if any of your team members want to come up, i invite them. i want to give you a minute to say words if you'd like. >> thank you, supervisor tang. i appreciate you always have an open door policy for our program and the guidance and time you give to our program and showing that you care about your

constituents especially those who need it the most. the practitioners that are victims of human trafficking and i appreciate the time and regulation and creation of article 59. without your support we couldn't do our work and we greatly appreciate it. i'm only a small part of a big team that works hard. our manager, when we get to the office he's always there and still there when we leave and he's hard working and all the investigators. they're all dedicated. i'm humbled by receiving this. i'm a small part of a big team. thank you very much.

>> supervisor: we'll keep the agenda moving forward. supervisor mandelman, the floor is yours. >> thank you, madame president. is shauna verago here? come on up. today, many of us in the lgbtq community are reflecting on the trailblazing leadership of harvey milk. he did and said things that at the time few other people were willing to do, say or demand. at today's meeting i'm honored to give this to another trailblazer, shauna verago. in 1997 when the transgender

film festival started many refused to screen the movies and the founder of alex austin and christopher lee had to create their own space to share authentic representations of trans lives and experiences and the transgender film festival, the first trans film festival in north america was born. shauna, who served as the festival's artistic director took over of the event in 2003 and has overseen it's continued expansion and success. during the last decade and a half, shauna has expanded the festival from a biannual to annual event and secured the location at the roxy theatre, in district 8 and support the work of more than 1,000 trans artists. earlier this month, the transgender film festival celebrated the 21st year with another weekend of films at the roxy. in addition to her work with the

festival, she is one of the bay areas most successful trans musician having performed as a trans out woman since the '90s and has received praise and publications from the huffington post and curve magazine and the first transgender woman ever chosen to be a san francisco pride grand marshal and served on the task force. as many know, november was declared transgender awareness month in san francisco. the final board of supervisor meeting of the month it's my honor to thank shauna verago for her advocacy and support for trans art. >> on behalf of everyone at the transgender film festival, we'd like to thank you, supervisor

mann -- mandelman for recognizing our work. we started in 1997 and it's true that we couldn't get any funding from foundations or grants. def we had to do a lot of community safety planning at the time. i'm proud we're still here. we are the world's first longest running transgender festival and despite the waves of gentrification that have pushed out a lot of our communities we're still here. i'm still here, thanks to rent control. i want to put that in the room and i hope we're here to more

years and i'd like to thank you for recognizing the transgender community and recognizing the festival. thank you, supervisor. >> supervisor: congratulations to you, shauna. we're proud of you. all right, madame clerk, actually, supervisor kim. thank you, supervisor kim. do you have someone special you'd like to recognize? excellent. we'd love to hear it. >> so i wanted to bring up the members of the tenderloin safe passages. we're going to show a little bit of a video too. i'll start to speak while we're tuning the video up and getting members of our safe passages

team to the podium. >> if you'll key up the video. first of all, it's incredibly heartwarming to see everybody

make it today. i wanted to take some time to recognize this amazing group of tenderloin residents, who over the last 12 years have been working to develop a program from the ground up to make our neighborhood safer. today or this month marks the 10 month anniversary of the tenderloin safe passages program. it began in 2008 when a group of tenderloin mothers from levels latina were brain storming how to make streets safer for children and you know the challenges many people in the tenderloin face. one issue we heard about for is how children felt walking back and forth to school and while we continue to work with our incredible men and women at the police station and city,

residents felt they needed to take matters in their own hand. it's a collaborative effort that has now grown into a daily program of the tenderloin district. and it promotes a culture of safety particularly at intersections with high levels of activity challenged by pedestrian safety issues. many may remember the yellow brick road which began the program 150 years ago and it was a mass of corridors we felt would be safe for children, family and seniors at all times. we also wanted to make sure there were members of our community out on the streets to implement this type of culture known as the safe passage captains before you here today. they're the heart and soul of the program and they stand at designated corners in the afternoon every day to serve

children coming home from school as well as seniors in the morning and in fact i know see safe passage volunteers safe passages provides a group that led the charge to reclaim the decker part in the incredible place it is today. and it's one of my proud accomplishments in my work in the community in the tenderloin neighborhood. over the last two years, the reach of the program has tripled in size creating economic opportunities for residents through programs and stipends and it leads the work of the program and south and market is part of our safe passage program and we operate in the morning and afternoon and expanding safety groups in the tenderloin and safe passages accompanied by walking services.

i want to take a moment to thank the tenderloin improvement partnership of the st. francis foundation. you're an integral part of making the concept and vision a reality. and the office of economic and workforce development for their continued support. i have to say the program would not have happened if not for the per -- perseverance of our residents. these are our residents volunteering every day to make the neighborhoods safer for everyone. i'm going to do a few quick shouts and we'll show the beginning of the tenderloin video on the screen. it will better document the program than i can. >> i see the families of community together and i see what they have to navigate

through with drug dealing and safe passage came when mothers came together over the concern for their kids' safety and called on neighborhood leaders and organizations to respond to the need. >> it was hard taking kids on the street and knowing you can do everything you can to keep kids safe and the minute they walked out the door you didn't know what was going on. >> in the early days we'd meet every week to determine what the program would be. >> in stead of kids navigating through drug dealings and the streets they see us in our green

vests. >> they make sure we're not going get hit by the cars. [speaking spanish] >> i was exciting when i saw kids with smiles. >> i love how we can help the people out there. >> i make sure they're safe >> the people that were homeless, i've been those people. you just have to treat them with

respect. >> you can't tell someone they can't be on the sidewalk. we help create a safe place for the kids. >> you have to see out in action and i encourage my colleagues to go out and 2:30 when you're normally out ensuring our kids are safe, it's a visual and a remindery love the neighborhood so much and i want to thank you for demonstrating what leadership means and what happens when we care and are generous to neighbors and what it makes a neighborhood look like. i'm proud to serve this community. thank you so much.

>> thank you, supervisor kim, for your support of the program from day one. you used to be out on the corners with us i remember that. thank you for this day. this has been an incredible 10 years of tenderloin residents working together and create solution for their community. it's a true honor and everybody in this room has been an integral part of every moment. we partner with sfpd and we have grown under steve gibson's leadership and partner with ucsf medical school.

we've been funded with oewd. it's taken a whole community effort to build a culture of safety which is our mission. we're out there, rain, shine, smoke, when the kids are out there, we're out there and it's their neighborhoods looking after them. this is collective impact at it's greatest. we're expanding. we are continuing our leadership development. we continue to hire residents and we continue to have safe streets in the tenderloin and beyond. we invite everybody to be a part of this. we include everybody. join us. thank you for the honor. thank you everybody i apologize if i missed anybody. it's taken so many people. levels latina and work the moms

before 2008 an incredible community effort and thank you for honoring the residents of the tenderloin today. we're going to do a quick photo.

>> we'll head outside. >> congratulations to you all. >> supervisor: madame clerk it's a few minutes before 3:00. let's go back to our business. i believe we left off at items calling items 14 through 18. >> clerk: these items were referred without recommendation with the land use and transportation committee. we have items that pertain to the central south of market area plan. item 14 is an ordinance to amend

the general plan by adding the central south of market area and making amendments to the commerce element and urban design and housing and land use index and east sow ma and west soma plan and amend the administrative planning code and item 16 is the ordinance to amend the zoning map of the planning code to create the central south of market special use district and to make other amendment to the height and bulk district maps and zoning use district maps consistent with the central soma area plan. item 17 is the ordinance to amend the business and tax regulations an planning codes to create the marketing district to provide administerial approval process meeting specific labor on site affordability creating an exped ited board of peels

process and amending the code of taxing law to authorize special facilities an services for the planning area and for each items to make the appropriate findings. >> thank you, madame clerk. i appreciate you reading items 14 through 18 and i want to recognize supervisor kim. have a couple amendments i believe you want to share with us. >> supervisor: the amendments don't end for the central soma plan but a member of our community pointed out discrepancies in regards to an amendment i made at land use regarding our publicly owned -- our privately owned open public spaces. we do have copies of the amendments as well as a section code and page and line that will

clarify the guidelines of reflecting the changes the amendment was made and a living wall guideline with city policy an conforming the zoning table to reflect the amendments on the october 29 committee to removing the incentive for popsos and allowing the housing units. i thought the amendments were not ready but actually our clerk is passing out the amendments to my colleagues right now. >> supervisor: is this what the amendments look like? >> supervisor: yes. it is to reflect the intention of amendments made at land use october 29. it was pointed out to us it was not stricken in our plan which

is often difficult to highlight and these are all technical amendments that substantive amendments made at land use committee. i ask we make a motion to adopt the technical amendments an this now becomes the first reading and we'll have the second reading next tuesday.d this now becomes the first reading and we'll have the second reading next tuesday. >> supervisor: before we do that, i'd like to take a moment, supervisor kim, the amendments are not substantive, they're technical? >> supervisor: they were already made at land use committee october 29, however there are multiple parts of the code that reflect different areas of the plan. we may refer to popos in that one section and amend it appropriately and it comes up in two other sections where we did

not make the same amendment. by the way, this is a never ending process and this is one the action network note the amendment the community requested was not appropriately mended throughout the plan but none of the amendments are substantive. they're reflektded in the plan itself. they're just cleanup. >> thank you, supervisor. i appreciate that. these amendments will require a second reading and it will happen in january? >> it won't happen on december 4? >> supervisor: it should. thank you. thank you for the clarification. we have a second reading coming. so supervisor kim made a motion to accept an amendment expanded

by supervisor peskin. without objection. >> supervisor kim made an amendment to item 15. that amendment triggers another first reading. all the other ordinances are still on second reading. board has a choice on the other central soma items to pass them on second reading today or continue them to line up with item 15 for a second reading. >> supervisor: supervisor kim, i see you shaking your head no. >> thank you, mr. gibner for that clarification. i'd like to pass all other items as a final read and just vote on item 15 as a first read. >> supervisor: okay. i'd like to make a motion to

duplicate the file -- >> no, duplication. >> i'm suggesting item 15 passes on first reading as amended. >> supervisor: let me make a motion to rescind the vote and take item 15 and go 16 through 18. may i have a motion to rescind the vote on items 15 through 18. >> i didn't think we did. >> supervisor: we did vote. may i have a motion to -- >> i don't think we have to do anything. mr. gibner? >> i would defer to the clerk on what the motion that was adopted. >> it was just the amendment to item 15. >> supervisor: do we need to

take another vote? >> you'd need to take a vote to pass items 14 through 18 minus 15. item 15 would be adopted on first reading as amended. >> what about my request to duplicate items 14 through 18 picking out item 15. >> clerk: that would be a different stand alone request on your behalf, madame president. >> supervisor: what is the procedure? is there a seconded needed -- >> clerk: to duplicate the file, no, madame president. have you an independent right to duplicate the fight -- file but you need a motion to amend. >> supervisor: why would we be duplicating the file? >> in my opinion to make sure the amendment we'll be hearing or be in sync with what will be finally passed. >> so what the city attorney was

clarifying is whether we want to hold all the tight -- items to be read and passed next week or pass the others today and item 15 next week as a final read but it doesn't require duplication of the file. >> supervisor: my apologies. why don't we move forward to the special hearing the 3:00 and i'll come back -- >> then my preference would be

we pass 14 through 17 as a first read if it's too complicated for folks to understand. >> supervisor: madame clerk -- >> i'm not sure, i've not made amendments to 14, 16, 17 or 18 so that can pass as a final read now. >> yes. i've only made an amendment to item 15. >> i understand that and i'm not calling the vote for it and we're going to move to the 3:00 p.m. special order. >> i don't think we've rescinded the vote. we haven't taken a motion. >> supervisor: madame clerk -- >> clerk: you've already voted on the items. item 15 has been amended. >> supervisor: what is outstanding is 14, 16, 17 and 18

and i'd like an opportunity to talk about it. >> we voted on them. >> clerk: only item 15 has been amended only. we still have to vote. it appears as though the president would like to have a conversation with you off-line. >> supervisor: madame clerk please read the 3:00 p.m. special order >> clerk: item 29 is a meeting pursuant tie motion m18157 approved november 15, 2018 for african american workforce hiring, retention and data tracking of workplace discrimination complaints at the city and county of san francisco and requesting the department of human resources an public health and city attorneys office and controllers office and city administrator and other applicable departments to report. >> supervisor: thank you, very much. thank you for the men and women

who have taken time off work to be here with us. i'm agreed our colleagues sat as a whole to hear this item. this hearing was originally called at the g.a.o. committee by supervisor kim back in september. supervisor kim noted racial discrimination in the workplace has plagued our country and we in san francisco should be at the forefront of diversity and mayor breed issued an executive directive to quote, ensure a diverse, fair and inclusive workplace, end quote. this directive focussed on four areas, recruitment of a diverse workforce and better training, centralized data reporting and

finally communication. communication and keeping an open dialogue with workers and leaders to create a culture of trust and of course a culture of collaboration. calling the hearing today, it's my hope this body can gain perspectives on four key points. first , the steps the city government and employers have taken to i am moment the steps. second to acknowledge where we have failed our brothers and sisters in the workforce. third is to establish the standards in terms of maintaining a fair and inclusive workplace and four, how to identify systemic racism in our employment practice and keep ourselves accountable and squelch and push out the systemic racism. in particular, i'd lick -- like to understand how we can, to the greatest extent possible,

mitigate what might trigger a conduct review. what happens when workers are disciplined. what prevents african americans, specifically this group of folks, african americans from being promoted? finally, if there's policy directives or create a more economic justice and more fairness in our workforce. this hearing today is a chance for the city and county of san francisco to be forward looking not just acknowledging our short comings but in a position to better understand what we can do to continue to become the best city and county for all of our residents. those that live and reside here and those that work here. and i want to understand what

tools our departments need in order to do that. we're hear from micky callahan from the department of human resource and linda simon the director of equal employment opportunity programs and representatives from various organizations, several other department heads have also been invite and will join us in answering comments from colleagues as they arise. i want to understand a handful of things i'll lay out. i'm hopeful you'll be able to answer the specific question. first, if there is a dedicated person in human resources for dealing with issues of diversity, discrimination and training. what steps the department has taken since september to address the issues and what's the road map. what's your road map over the next year to improve the hiring,

retention and data collection and morale of african american workers in city of san francisco and i want to recognize the reverend doctor amos brown, senior pastor of third baptist church as well as the chrch for the national organization vancement of colored people and the naacp the san francisco chapter and recognize the leadership joseph bryant and david kenam and member leaders that will be here and have been folk val in bringing this matter to us today. lao colleagues, i'd colleagues, i'd like to first hear from the executive director of human resources, micky cal

ahan. >> thank you, madame president. mickey cal ahan -- callahan. i'm focus on initiatives we've adopted pursuant to adopting the executive directives. as president cohen noted we'll hear from other departments an i'll talk about the department-specific initiatives adopted and ongoing. i think you know departments are responsible for hiring and initiativing discipline at the department level there's an appellate body in investigating and attempting to resolve e.l. complaints an establishing workforce programs to ensure

diversity in the city among other and other policies as well. you'll likely hear from some other individuals who spoke at the g.a.o. and i too was disturbing and upset by -- disturbed and upset by some things we heard. some of the cases i and my staff are familiar with and will not be able to share other information about those case for privacy reasons so i want to let you know that. i think it's clear there's a problem and the city can and should do more. the sit -- mayor's executive direct ef provides a good road map. i want to talk about the workforce. we have the regional labor

market incorporating san francisco and the rounding counties has a particular demographic representation of the available workforce and we compare it to our own workforce and find we have a more diverse workforce and there's some social forces and it's only 4.6%. we're pleased we have a good employer for bringing african americans into the workforce. we want to ensure we continue that and improve where we can. we have new technology up on our website if anyone cares to look which shows the racial and gender breakdown of every

department with the extension of the tiniest ones for privacy and you can look at that as a whole or any department. there's a quick picture what that looks like on our website. there's several programs we continue to pursue that go a long way in enforcing the responsibility to create a diverse and fair workforce. the first is vigorous enforcement of the policy and we had 700 preventive or corrective actions issued over the thereafter last-three years. we have merit-based hiring. that's a reason our workforce is as diverse as it is now and we try to enforce hiring based on qualification skill and attributes unrelated to who a person is. our conviction history program is nationally recognized as a model for ensuring that conviction histories don't

unfairly keep persons of color out of the workforce because they're disproportionately affected. we've been recognized for virtually eliminated the barrier to employment. we have launched a significant implicit bias training and have instructor-led modules many have taken care of and we just finished trading the officers in the san francisco police department which is a significant achievement for our staff. we collaborated with the police and we continue to ensure there's no artificial barrier to employment. the kwault qualification to get -- and to make sure the qualifications to get people to

test have not kept out and board members may recall the board voted in favor of and asked h.r. to pursue this in 2016 and 2018 that means in hiring managers, they'll not be able to have access to the names of the individuals and the schools they attended until after they interview. we're going to look forward to see what impact that has on the diversity on who gets interviewed and hired. in recruitment, the city is prohibited from state law in using what we used to call affirmative action, based on race, gender or any other protected category. we have to rely on pipelines an targeted recruiting to bring people into our workforce. it's a combination of targeted row -- recruiting and removing

barriers and the mayor has given is two resource to add to support city recruitment. our goal is to act as a resource to our departments so they can recruit a diverse workforce and so they'll be able to rely on us to develop millions in the city -- pipeline into the city. we had an apprentice ship fair which have not been diverse historically and we had over 300 people attend the apprenticeship fair and over 80% were persons of color and there's a great way to move people into city employment. i've met with director torres on ways to ensure people who graduate from the tech training

programs will qualify for city jobs and we created city jobs at the training level and one is classification 10-10 a basic tech support job with a lot of opportunity for growth and does not require a degree. expanded training is key and we found disparities in discipline, disparities in probationary release. we don't know why that is. one way to reach out is to ensure there's appropriate training and what the expectation to treat people fairly and what fair grounds for discipline are. beginning january fir1st, many l take training to empower people to stand up and speak out maybe

when they themselves are not the subject of discrimination but see it happening and provide resources. that's a significant new initiate. we'll be expanding our implicit bias training and everybody that's a supervisor must take it every two years. in dissatisfaction we have -- in addition we have a new module to incorporate civil service principles of fairness and implicit bias. people tend to want to hire people like themselves and we want to shine the light on that and make sure people making the hiring decisions are aware and you can adjust for it and we have targeted training. we have a cross-cultural communications training that may be useful in areas with high numbers of complaints whether weather it's discrimination -- weather it's discrimination whether it's discrimination and

the goal is to have people treat each other with dignity and respect. with the support of the controller's office, we've been able to expand the functionality of the people soft, human resources management system of the city and we'll now be able to collect data we have not been able to collect before. to this date we were able to mine our data in people soft to find terminations for cause, perma permant employees and we don't know who's being reprimanded or in a performance improvement plan and starting january 1, departments will put that in the record. it will not be open to the public but we'll be able to mine that data and generate reports and find out if there are particular areas or

departmenting whether they need training or intervention or a supplemental review or discipline. we'll be using that functionality starting in january and by july we expect the first reports to be available because weed we'll have six immunization months of data and i want to focus on the communication section. the mayor's asked us to look at equity, diversity and inclusion which is essential to fostering trust. in january, 2019, d.h.r. is convening community partners and we'll look for their best ideas on where the problems are coming from and how we can address them hopefully come up with recommendations that can be implemented in fairly short order. so that's my general

presentation. i can answer questions you have for me now or invite my colleagues from the larger city departments to share their information with you. >> supervisor: thank you, director kalhan, let's take it by each presenter. since you're here i have questions for you. what i have overall is i want to understand what is your probationary release? >> the probation is part of the selection process. a person gets the job and they're on probation for a period of time. >> supervisor: as a point of clarification, i don't know the answer. you're talking about probation. i'm talking about probationary release. >> yes, i was describing the situation. i understand, thank you.

so what triggers a release would typically be a supervisor reporting to their manager or h.r. department the individual on probation is not achieving the standard of performance that's required. it could be a conduct issue, for example, attendance or violence in the workplace in which case a violence incident may be one case or a situation where there's a person is expected by a certain number of months to be at a several level of performance and they're not able to do it. that's their assessment. probation releases are not appealable except if they are done for an illegal reason. an illegal reason is based on age, gender or another protected characteristic. it's probably the lowest level. it will be the supervisor saying this employee is not performing at the level we need and they'll typically be reviewed and make a

decision whether the person should be released. >> supervisor: how would you find out if there was an illegal reason? >> that's a good question. you only know if there's a claim and as the investigated or occasionally there's a whistleblower or other information comes to light where we find race, gender or something like that was used but typically it came up with a claim and say i was released from probation because of the following reason. >> supervisor: everyone has a right to make a claim? >> yes. we're required to act expeditiously and review them. >> supervisor: how long does it take. >> within six months we should finish the investigating for

70%. last year i think we were at 80%. we had some delays in the last several years because of an up tick of sexual harassment with new staff we anticipate to be back on track. >> supervisor: what's the criteria you use for people making the determinations on the appeals? what qualifies a person to hear an appeal and then offer an opinion on it? >> we hire investigators that go through training. not all are lawyers. they're managed by linda simon and under the law the only people who can investigate are employees or if there's an outside person, an attorney or licensed investigator. >> supervisor: what leads tie

medical separation? >> that's when an employee who is disabled and cannot be accommodated in their current job and the doctor's note says they cannot do the essential functions of the job they have, then we have to attempt to accommodate them with a different job. basically it's an issue. it starts with the employee producing a medical note with medical restrictions saying they condition not perform the essential functions of their job. they may get a temporary job in their department or may take a leave. if they do not recover after a period of time, they, 90 to 100 days, we may place them on leave to recover or go through the reasonable accommodation