readiness programs. currently approximately 27% clearly over represented. followed by asian pacific islanders, white and latino. >> supervisor fewer: i want to mention that for long time, we used to classify asians and pacific islanders in same category. actually. if we want to actually reduce racism in our civil services in the city government, i think those two categories should be celebrated. they are completely different. the challenges that the community face are different. if you want to drill down into how we can eliminate or alleviate some of the issues iss that are pacific islanders having around employment, we need to separate these

categories. i don't know what it would take to do that. if you want to get a clearer picture and drill down, if we want to look at this population specifically, separate than the asian population, chinese, japanese, korean for example, i think that we also should follow suit what the school district has done and made this a separate category. it's just my recommendation. thank you. i can't help but notice that these 9910 and 9916 jobs are amongst lowest paid workers actually in the civil service system. they are held primarily when you look at this by black people. i had to mention that. it just came out. i think it's pretty clear -- there's a big thing that on the topic you can see those jobs, these 9910 and 9916 jobs are all 99 jobs classifications, they

are some of the lowest paying jobs in the civil service system. i will be looking forward to getting that information from the job readiness programs and how many actually transition into regular civil service jobs that we are hirings and what classifications they are hired into and i would like that information by race. thank you very much. >> thank you, happy to provide that information. some of the reporting category are federally mandated. we can look into what we can do to provide more data. the second chart shows you the break down by race of individual who are participating in a

professional training or journey level training program including apprenticeship and others. i have a few brief examples fur you. i won't belabor them. there are others who wish to speak today. first example from public health, how they are using exempt employments to address their workforce needs. they had recruit challenges, bringing in health workers who have the appropriate cultural and linguistic competencies as well as one-year work experience. they partnered with city college and have had a great deal of success in getting folks ready to compete for a permanent civil service position here in the

city. recreation and parks has done great work with our pattern apprenticeship program. about half of them stay with the city and others go on to private industry. successful partnership we have with labor. public utilities commission has a whole variety of programs. finally, we talked a bit about jobs now and our employment training program as you know, this is a subsidized employment program for people who are

participating. this program started back in 2010 as a result of the federal stimulus. the vast majority of folks who have participated in the program are have worked in private sector positions. you can see that about 63% of folks participating in job training program through jobs now are successfully employed in the 1st quarter after exit the program. there are whole variety of ways exempt employment are used. these are examples where we are seeing success what you're pointing at, supervisor fewer. how these training opportunities converting into permanent employment. those are the slides i have for you. that congratulation my

presentation. -- that concludes my presentation. >> supervisor fewer: thank you very much ms. howard. if my colleagues, don't have any comments or questions, i like to call up zack goalma goldman frol 21. >> good morning supervisor fewer i want to thank you for convening this meeting. i want to recognize the members of the public and all the unions in are here. this problem has been a problem for all unions for a long time. seiu fought the city for years for their abuse of exempt

employees through bargaining, the grievance process and speak act the civil service exhibition. few years ago we won settlement in arbitration that forced the city to pay over $1.3 million in back pay damage to our as needed members. we also established full time p.c.s. positions by demonstrating the city's pattern of abuse. sad to say, the abuse continues. over one third ever our represented members are exempt. that means they have no job protection, can be let go at any time this creates fear and insecurity and disunity in the workforce. the department are the billingest offenders, d.p.h., rec and park. the classifications that are abused are temporary nurses, school crossing guards, rec leaders and public service

trainees. these members are coming to the unit expressing their concern about their lack of job security, lack of protection, lack of benefits enjoyed by permanent civil service workers and feeling as if they are second class or third class citizens. these are city workers who keep our city safe, help with patients and run popular recreational activities in our city. they keep the city running. over 1600 of our members, half of them are t.x. workers. they have worked between 3 and 20 years. currently, some of the things they without been the table are just cause rights. minimum cage for $22 and make sure that category 18 are also

included in these protections. to sum this up, permanent jobs create security and stability for workers but it also creates stability in the community by providing consistent service to the public to whom we serve. we are requesting that you really fix this problem and address this abuse now. thank you. >> supervisor fewer: thank you very much. >> i'm zach goldman i'm policy director for local 21. thank you supervisor fewer for calling this hearing today. thank you to the board for looking at this critical issue. from labor's perspective, we believe there are a number of problems with the misuse of exempt employees. as local 21, we hear too many examples from exempt workers who are hired on projects that they

maybe told are temporary but then turned out to be permanent. sometimes these workers are hired in positions where it is obvious that the work is permanent and ongoing. we have examples today. number two, this gets to the heart of the matter from the labor perspective, which is exempt employees ar employees ee understand the reasons why they are exempt. we don't dispute that. there are many workers in category 16, 17 and 18 that are inappropriately classified as exempt and when you combine that with the fact they are at will, it creates a number of problems within the city workforce, within certain departments. these two are the culture of fear in certain departments.

nepotism, favoritism, discrimination. these are the products of a workforce. this is not just that the unions are saying this, this is not just our members saying this, the actual city is saying this itself. the mayor called for an investigation into m.t.a. after hearing problems within that agency. investigator from m.t.a. cited there's a toxic culture within that department. we want to share little data how widespread use of exempts are. within local 21 about quarter our members are exempt. there are certain departments where percentage of exempt employees is little more than a third. that's public works, m.t.a.,

d.o.t. and j.s.a. teresa described, there are thousands of members in exempt positions around the city. we posted top 10 job titles with t.x. employees and top 10 employees if your information. we seen exempt positions have grown overtime. represents from d.h.r. pointed out there's been implosion in the number of category animal exemp1818employees. i note when we did deeper into the data what away seen within

local 21 is shift of the hours. we all acknowledge the city workforce has grown over the last several years. exempt numbers are going up. we look into the workers that are doing the work, workers being shifted. that's concerning to us. there's also some very egregious examples. what i have up here is an organizational chart. this department has a lot of different responsibilities. you will hear from members of from this department. what this shows, the city's own document, every single position within this department is exempt. we could understand why a department head would be exempt, why deputy head would be exempt, when single worker is exempt, we

think there's something wrong and we need to have stronger oversight. >> on that last slide, the t.e.x. are those temporary exchanges? the little blues on the bottom three rows and little bit on the fourth row from the top. is that temporary exchange. >> temporary exempt. t.e.x. stands for temporary exempt. what's more curious to us, we pulled up the annual salary ordinance senior some of the positions within this department. what the annual salary ordinance shows the funding for some of these positions comes from the general fund. from nonproject revenue sources. to us, we're not total budget experts.

what this seems to indicate money for this department is coming from the general fund. this department does ongoing permanent work of the city and yet these employees are considered exempt rather than civil service. this is an issue that needs to be looked at. we believe at seiu and local 21, this is solvable problem. we'll point to the history of provisional employment at the city and county of san francisco. in the early 2000s there was all overuse of provisional employment. similar category within the charter, an exclusion from civil service. for many years, thousands of workers were considered provisional employees. in 2016, after many years of advocacy, the city administration agreed to a program that would reduce the number of provisional employees. they restricted new hires into

these positions or set a pretty he bar getting new positions approved. they had a number of civil service exams in many classifications. through the union and the city, we were able to reduce the number of provisional employees substantially. what do we think this solution is? number one is we believe that the first that step to determine whether they are in compliance with the charter or whether they are in violation. many of the exempt employments, the vast majority are in compliance with the charter. we believe there are hundreds and hundreds of people in positions that have been inappropriately classified. when we identified those folks for transitioning them into civil service, that acknowledges them. we need it look at how to

strengthen workplace protections especially in categories 16, 17 and 18. we have some dysfunctional toxic culture within city departments that has led to systematic racism, gender discrimination. we need to make sure that people are feeling empowered to speak out during those issues and their job is not on the line. that congratulatio -- that concy remarks. you will hear from other people about their personal experiences being exempt. >> supervisor fewer: thank you very much. colleagues any questions or comments? there anyone from the city administrative office here? please come up.

>> good morning. >> supervisor fewer: mr. goldman brings up a very good example here. the office of civic engagement, every single personal -- this is ongoing work. i believe the board has actually adopted language access, ordinances if something ising on going. this is a commitment that the city and county has made to our immigrant community. yet, we see every single employee being exempt. why dozen this happen? some of these employees have worked over three years in this department. i thought there wassa there wasy

18 and category 16 is seasonal work. some these poxe positions are professional positions. can you speak about this? >> thank you for the question. i do agree with you. the situation out of o.c.i. is not a good one in terms of the use of exempt categories. we have completed an evaluation of the division over the last few months and consultation with d.h.r. and have identified a number of positions within the agency that we believe should be converted to p.c.s. over the next year. i think the story with o.c.i. is one that's complex than the current state of the division. the priorities has shifted. where we are today is one where

we do believe and we do agree with you that we do need to move forward with p.c.s. conversion of some of the positions. we warrant to make sure that this is done in a fair way and one that creates the least disruption for the agency itself. most importantly because the critical work that they do. >> supervisor fewer: you note that the in the administrative department, 168 exemptions. this doesn't seem like it is just one department. it seems like it's larger issue than just this department. would you agree? >> what this brought to my attention, we internally, we begun to look at all our compensatioexemption. the office of civic engagement is one that created a red flag

for me to start looking more carefully. i have asked my team to pull up all the project and project description. my expectation is that we will identify some other issues that we will work quickly to resolve. >> supervisor fewer: appreciate that. is there an anyone here from m.t.a.? >> good morning supervisor. i'm the acting director. >> supervisor fewer: you have 290 category 18 temporary

exemptions. >> yes, i believe that is correct. >> supervisor fewer: since m.t.a., would you say that the majority of these people are on special projects and work less than three years? do you actually keep track of how long your category 18 exempt employees are actually working? >> yes, one of the things we have undertaken, with civil commission, is to install new and better monitoring of all exemption categories for all our employees including 16, 17 and 18 and especially with category 18. i would say approximately more than half of our category 18s are related to capital related projects. we do have significant number of

workforce development category 18 job training. we have instituted a new training class to directly feed into permanent civil service classification. we feel like we're going to do a better job of monitoring. obviously we don't know all the situations as previous speaker stated, we will make sure all employment can stand up to scrutiny and ensure every opportunity from the civil service is a possibility. >> supervisor fewer: thank you very much. i'm going to ask the chair to continue this and call of the chair i will be hoping to bring it back and hearing more about the impact your work is having on these positions.

anyone here from d.p.h.? >> good afternoon supervisors. >> supervisor fewer: hello. i'm seeing that you have right here, i see 272 number of category 18 exemption i'm stunned about the number of nurses that are actually under the exempt. can you talk about that little bit? >> nurses are special category under the chart per they are called p103s. they were created to help us maintain regulatory requirements. p103 are a special category.

they receive -- their pay structure is slightly different and the way we use them is different. they are covered by the seiu r.n. agreement. they have benefits that are different from the other categories and employing including twist on rights regarding progressive discipline. >> supervisor fewer: do these employees also have an option to go permanent? i understand we do have a shortage of nurses? >> they do. what we've done for the last three years, once a year we send out a letter to all the p103 temporary nurses, we are actively recruiting permanent nurses. we would love to have you come and work for us. we recruit through that method. we'll require on permanent employees out of the p103 group. >> supervisor fewer: right now, you have over 1600. >> lot of them work in places

like kaiser and other hospital systems. they come and work for us to do weekend shifts and evening shifts. it's supplemental employment. it's not really their primary employment. >> supervisor fewer: thank you very much. i want to say that we have a lot of public comment today. i think that we all learned a lot today. i'm so sorry that after this hearing -- after this item, there's a very large item after us. i would have to limit today public comment to one minute. i apologize. i'm going to request that we continue this item from what we heard today so we can follow-up what has been said today. i believe this is the first of many conversations that we will be having. i'm so sorry. i have some name cards and cards for speakers.

>> thank you for i the hearing. i was a temporary worker. this is highly personal for me. our members, it's a critical issue for our members, 5700 members in san francisco. as you heard, quarter of them are exempt that means quarter of our members lack basic civil service protections on the job. we ask for reform of the service and we ask for your support. >> supervisor fewer: next speaker. >> thank you supervisors. good morning. i work in the department of environment. i have been an exempt for nearly 10 years. i'm a project manager in the energy program and provide different services in san francisco.

one of the program is energy watch program which is a government partnership. one of the goals of the program is to help meet city goals. i thank you. >> supervisor fewer: thank you very much. i appreciate it. next speaker please. >> good morning. i'm a class 5648 environmental

specialist with the department of environment. i have been category 18 since 2016. i'm starting back-to-back three years temporary terms for the same position. the energy efficiency program i work on has consistently been administered by the department since 2006. we have seen our colleagues get fired for reasons not related to end of term contracts. our department is fully grant funded --

>> supervisor fewer: thank you very much. next speaker please. >> i've been with d.p.h. for three years. i'm an exempt employee. i was promoted into another three-year term recently and i do enjoy working for d.p.h. it's a clear problem here. my fellow exempt and coworkers feel uncertainty about their next position. we continue to get the questions, are you permanent. it's not an easy question to answer. we rather focus on doing the job well and rather than understanding what the next position will be. once i complete my three-year term, that will put me in six-year exempt position. working on a long-term project to perform system updates as my

position business analyst. >> karl cramer, san francisco living wage coalition back in 2008 when there was a mass lay off, h.h.a. started a program public training employee. that position was using people in the welfare to work program or cal works program. to fill bargaining position units. that program was around the city that dried up lott entry-level city jobs. they started pathways program

which is full civil service position taking the fund and used it to have a few three-year positions for people to move from the p.s.t. program. >> what is currently being distributed is the fiscal budget for p103 nurses for 16, 17, you can see that we triple what was actually budgeted.

when you look at the hours that is 300. similarly in 17 and 18, we did the same thing. in ends up to be 5505 or or 562 positions. >> excessive use of the p103 nurses is direct reflection of the budget that doesn't reflect the needs of the department. the managers are given a barebones budget and forced to supplement staffing needs with temporary exempt employees on a monthly basis on all shifts.

it's astounding to the nurses. according to the presentation this morning, the temporary exempt employees are usually short-term in nature and irregularly scheduled. we all encourage you to take a very good look at the budgeting and hiring practices of the temporary exempt employings. affects the staffing and the morale. >> supervisor fewer: thank you very much. >> i'm a member of 1021. i got hired as a tempt exempt employee. i'm proud of the opportunity we provide to youth.

unfortunately, the bulk of the employees are tempt exempt. if you drop your son or daughter off one our camps or sports teams, chances are, just about 100% that employee will be tempt exempt. just in the interest of providing better services and having keeping the good employees there, i request there more opportunities made for the city. >> i'm park and rec. i'm one of the culture culturest help the kid at the school program. you. -- if you eliminate this program, these kids have nowhere to go. we have these kids part time. they drop the kid off at the park. nobody there, what you will do there? drop this program help us doing

this, -- thank you >> i dedicated my professional life to serving the city of san francisco. i gon from being a youth worker to supervisor for the city of san francisco. unfortunately, i noticed that many people in work within the department don't share that same success story. i wantly to advocate for living wage for city employee and robust pathway for people who commit to service of the city in the face of rising cost of living. i believe that would benefit our communities. thank you for your considerati consideration. >> i'm can danielle harris. i'm here out of concern for a member of my team who helped on

the dockless mobility permit. i want to highlight, this is not temporary work. these companies have invested enormous amount of capital. there are not protections for our workers, there's incentive to stay with the city are reduced. there's a continuing trend of government brain drain. tech workers similarly do not have protections. they have a high wage that offsets this reality. so far since january, i have lost two major members of my team. i want to say that since the past two years, we have lost a number of our best and brightest two the companies. therefore, my job is to forecast the future. ly -- i will tell you winter is here. it is important.

>> i'm vivian chow. i'm a victim of classification project manager. i'm certified project manager professional and licensed civil engineer. i have 25 years working with the stain county of san francisco. my work is a class of project manager being eliminated because not because the budget it's not because poor performance. they are contracting my job out to consultants.

>> i been a registered nurse with the public of health for last 30 years. there has been development of of two-tier system in the department of public health. five years ago i went to a hospital orientation because i was switching jobs. i was required to go to the orientation. two thirds of the people in the room were temporary exempt in the coordinator told me that this was consistent. these are people who are going to work at san francisco general, why would two of thirds be temporary exempt for ongoing services that are needed?

thank you. >> i work at san francisco general as a per diem nurse four years. full time 40 hours a week. the city is using the per diem nurses as permanent but not willing to pay us benefits. even if we worked for the city for 20 or 30 years, we cannot get buyback. we as per diem nurses has the same responsibility at full time nurses. don't we deserve to have job security and path permanent job? thank you. >> good morning. i'm don franklin. in the current seiu chapter

president. i been with the city since '83. at that time i was called provisionally employee. we gone from provisional folks to now as needed category 16. problem still the same. we had an agreement where we got together and we moved folks from provisionally into permanent positions. i benefited from it. i currently sat the last two years on thed as the as needee to correct this problem. we did create permanent jobs and i know you looked for a fix for this. the fix has to be allocate allod money from the board. the mayor has to allocate requisitions and department heads must hire them. please let any of the time that people serve in category 16 --

>> good morning. i'm mike huf mike hawkins. i'm a hearing officer for m.t.a. first 19 of wish i was temporary worker. based upon my experience, i think you should have an audit of these positions. temporary workers shouldn't be performing permanent work. thank you. >> good morning. my name is julie kindle. i'm an appraiser in the assessor's office. before i was hired into professional class, i took a civil service exam. i was put on a list. i was hired and trained for a period of a year before i flex

up into the current position you hold today. this protocol has been in effect for at least 20 years. it's been a fair, transparent and inclusive process. currently, in our assessor's department, the h.r. has lowered job classification and they changed process of hiring into the same category i was hire, they are hiring temporary exempt. they are hiring their friends, nannies and family members. this is unacceptable. filling positions with who they want is not part of the civil service process. they are taking away permanent people positions when they the exempt come up for -- >> supervisor fewer: thank you very much. next speaker please. >> i'm a 16-year employee department of public works i'm landscape architect.

i'm speaking on behalf my colleagues. exempt hiring has been used as bandaid to correct long-term identified staffing. the burden is bourne by the employee for the convenience. it's getting worse. frustration to comply with this, local 21 chapter filed protest with civil service and d.h.r. and position advertised over a year. it is not gotten better. it's been met with hostility by management and threats. it needs to end. let's end this practice of exempt hiring for the convenience and ensure all employees equal right and status.

>> good morning supervisors. i've been a proud and loyal employee here at public works. i started as an intern. it's exempt along with 39% of my colleagues. most of us find ourselves competing for permanent positions that we are doing work in. with more concerning is, i know a colleague who's been affected by lack of due process protections that exempt poxes are not afforded. she felt that actions of supervisor due to personal reasons.

after she left -- >> supervisor fewer: thank you very much for coming today. [indiscernible]

>> supervisor fewer: next speaker please. >> good morning. i'm investigative assistant with the district attorney office. few years ago, four longtime investigatoinvestigative assiste terminated. that brought home the difference between permanent exempt and permanent civil service. it left investigative assistants feeling vulnerable. due to the low morale of our chapter members after the terminations and realization that exempt status limits yunel protection. i ask question of the union rep, can our classification be

converted to civil service. other members became enthusiastic to that possibility. local 21 did lots of research with the d.a. office and with the department of human resources to advance conversion process. it took almost two years. few got done -- it got done. me and the small group coworkers were getting converted, i'm here today because it should take -- >> supervisor fewer: next speaker please. >> good morning supervisors came on working on capital projects. my work has extended it other divisions within the agency. he contract was renewed last year. at this point, i feel like my position leaves me in place of uncertainty and overall, my

value and i feel disposable. i requested my manager to look at a conversion to permanent. i have not received any response. thank you. >> supervisor fewer: you like to call more names.

please come up. everyone has a minute. please start. >> good morning. i'm a proud public government employee for the last 15 years. i'm here to support our public employees. i have been involved if many cases that involves immigrants who are janitors has been exextorted into the job. i have brought five government employees because they have been retaliated because they reported bribery to ethics commission. our records was missing by the ethnic commission. that was april 2017 to july 2017. if the city continue to allow as needed and temporary worker we

will see the same thing repeated to abuse workers. please help us. thank you. >> i'm here as a concerned citizen i'm a nurse who works for the city of san francisco. i want to cite on may 4, 2012 arbitration was completed. the decision may not use as needed employees to avoid hiring employees in permanent status or so circumvent denial department request to fill vacancies. we heard from d.p.h. head of h.r. that p103 nurses are used for temporary work. the data does not accurately reflect the problem.

they are not included in temporary 16 and category 18. the city budget does not reflect the operational need. last year, $17 million were in the budget but $62 million -- >> next speaker please. >> supervisor fewer: thank you very much. thank you for coming today. >> mr. chair we must give everyone the same amount of time. >> supervisor fewer: thank you very much. mr. wright. >> you just had a hearing on african-americans being discriminated against and everybody testified that you got

discrimination in each and every city department that's located in the city and county of san francisco. this is just another example. you got the clinic, supervisors down there got 30 of her relatives working in that department. you used to have hispanic female in charge of the personnel and hiring city employees and have over hundreds of her friends and relatives working for the city and county of san francisco. you got numerous complaints about the health department but no good barbara garcia who just got busted for embezzling thousand dollars of dollars. none of you did nothing about it. >> supervisor fewer: thank you michael. next speaker please.

>> i'm asia. i been with the sheriff's department for 18 years. during those exempt years, it was stressful for me. i never knew if i would have a paycheck in the next few months. it was unfair i was doing paralegal work in separate classification. my job titles didn't match my workload. it's a shame that people are losing people to the private sector because they're not creating enough permanent jobs. lot of times my supervisors were supportive but they weren't in position to hire me. thank you. >> supervisor fewer: thank you very much.

>> good morning. i'm pamela taylor. i have over 15 years of civil service employment. in san francisco, i was forced to go into position as a p.s.c., human services agency. for the department of aging and adult services where i encountered neglect and abuse. i i was forced to do work of two other p.s.t.s. they were never hired while i was there. they were hire the day after i left. i received a satisfactory performance evaluation. i hope that no other senior people have to experience what i experienced as far as discrimination.

>> supervisor fewer: thank you very much. excuse me. thank you very much for coming today. mr. gonzalez. >> thank you rudy gonzalez thank you for calling this hearing on this important issue. it is a matter of economics and income equality. we look at the 9/11 1 9916 and 0 they are paid below the m.c.o. we know this is a labor movement to call out whistle blow and call out matters to report discrimination age sexual

harassment. >> my name is kim thompson. president of local 21 in may 2017 i saw something i never seen before. on that day, three longtime employees from the same technology team were terminated without warning. these employees had worked on the same team for over 10 years two employees were women and all three were over 40. you can feel the atmosphere of fear and low moral. i hear stories about exemplis afraid to speak out.

it's totally important to have employees that can call out problems and challenge the status quo so we can offer the best services to our residents. >> supervisor fewer: thank you very much. next speaker please. >> i'm with seiu. i'm also part of the racism committee. i worked for the department of public health for 28 years. when i was hired i was stuck in a provisional appointment for five years. i have not been able to get a promotion for all those years and after advocating for myself, i was retaliating against and discriminated against. now i've been brought back. i'm going to be temporary worker after 28 years. that's really unfair. black workers need something better in the city and county of san francisco.

my employment has been fraught with discrimination, retaliation and harassment. i've been harmed. i believe that the city and county is doing a big injustice especially the black people because our families are harm and we are being displaced. >> supervisor fewer: thank you very much. >> i'm with the san francisco unified school district. it's been painful, frustrating. path for some of purpose process really just begun to convert us from exempt to permanent status. it's been over five years. without the help of local 21 and probably wouldn't be taking place now the. there wasn't even a test available for us to do the conversion. couldn't use city's test for some reason. that leads to lot of negativity in term of moral, staffing