fire vehicles. we have a command staff on call 24/7 and where do we house them and we're happy to house them anywhere and we're trying to find a creative solution to save money for the taxpayers and make it work. we're open to any idea or proposal by this board to change that for the 31 cars. >> commissioner: abe other questions, comments? nothing? thank you. i appreciate it. how about mta. is mta here? >> good afternoon, supervisors, steve lee, mta. >> commissioner: good afternoon. >> let me begin by saying we agree with the report and believe our numbers are in assign with what our needs are and we take it very seriously. over the last several years we

have reduced numbers from 32 to now 23. we really have been struggle the fact that we cannot supply with this ordinance and never will until we see amendment address our concerns and city wide. >> commissioner: you have none allocated you have 23 vehicles that are take-home vehicles. they're not in the pool. and i'm wondering who are the people who drive the 23 vehicles and take them home? >> the vehicles are assigned to top-level executives who are responsible for 24/7 response as

well as like enforcement directors who have to show up for parking events or safety issues related to traffic. when we looked at it it isn't the actual person. we looked at the function of the position itself. for instance, we have the director of transit, chief transit officer, maintenance, transit services, ways, services we believe are vital and require 24/7 response. >> commissioner: do you have any cars in a pool? >> we do actually. we have 10 vehicles in an administrative pool and the 1 vaness garage that services 147b people. >> you have 10? >>'s a vehicle-on-demand

reservation system for our operating hours and administrative staff and we have about 400 users. it works very well. we out light -- utilize the program provided to us by the city administrator's office. >> you, like the fire department think the admin code is outdated and doesn't currently reflect your needs? >> absolutely. we're more than eager to work with the city administrator and budget analyst to draft legislation. >> commissioner: can you tell me approximately how many times people have had to come in on-call for public safety emergency of the people with the 23 vehicles? >> certainly more than the required five per year.

>> commissioner: and you have a procedure in which you check out the vehicles and check the mileage. >> we do a quarterly report on our non-revenue fleet and have 888 non-revenue vehicles that services the mta and do quarterly reports. all our vehicles have gps devices. >> commissioner: you can track whether or not there are citations given to any of the vehicles? >> definitely. the citation when a vehicle receives a citation it goes to the city administrator as the owners of the vehicle and forward it to the departments for payment and we'll know if anyone is cited. >> commissioner: thank you very much. i appreciate it. police -- >> commissioner: hold on. >> commissioner: sorry, president yee. >> have you 400 vehicles in a pool? >> we have 10 vehicles in an

administrative pool utilized by 400 people within the building. >> commissioner: okay. i just heard the 400 number. i thought wow. >> it's superefficient and it works well. >> commissioner: where do you leave the vehicles? >> they're parked in the 1 vaness garage. >> commissioner: what's the capacity? >> we don't all the spaces. we park about 50 something cars in the garage. there's about 50 spaces in the garage and 10 for the pool. >> commissioner: you have to pay for that? >> yes, to the city's real estate division. >> commissioner: how much do you have to pay? >> i think $320 per space. >> commissioner: per year? >> per month. per vehicle. >> commissioner: what? >> yes, parking is expensive. >> commissioner: it's an issue

everyone who drives has to combat. our teachers move their cars every two hours sometimes. i get the hardship but quite frankly it's their own personal vehicles and our teachers have to move every two hours in the middle of classroom instruction to move their cars. supervisor -- >> are these positions required to use city vehicles or can they use their own cars and get reimbursed for mileage? >> that would be a debate whether or not we're requiring a particular person to own a vehicle to do their job or providing them with the tools. >> if they're using a car for business are they allowed to apply to be reimbursed for gas mileage which is done when people use their own cars to travel to conferences or things

like that? >> i suppose we can. for us it's efficient to allow them to use the car rather than require to own a car. >> commissioner: i'm not saying requiring them to own a car, i'm saying if they own their own car, are they allowed to use their own car or required to use a city car? >> they're not. they can use a city vehicle and if it's official business we should reimburse them. >> commissioner: i wonder if there was a cost analysis in allowing people to use their own cars and reimburse for mileage. >> commissioner: that's something the budget legislative analyst mentioned whether there could be a cost savings to not have the vehicles and reimburse mileage when needed. any other questions?

seeing none, please. police. >> i have a presentation prepared but i can field the questions if you'd rather. >> commissioner: is it commander? >> deputy chief. >> commissioner: excuse me, chief. how many cars do you have in your pool? >> it's made of our unmarked vehicles. i don't have the exact number. it would be to anything assigned to the bureau and pooled on if a member needed a car they'd drive

that but it wouldn't be assigned to anyone in particular. >> commissioner: so officers could use their own vehicles and being reimbursed for mileage? >> only if they were responding for training and not required to respond in any kind of an emergency capacity or take official duties as a police officer. then they could take their own car typically with training classes outside the city but if they're in uniform they're expected to take police action they'd need to be in a police vehicle. >> commissioner: have you 47 take-home vehicles. >> they vary from chief of police to certain command levels

such as the lieutenant of homicide or the commander of risk management which would be internal affairs which would have to come out for an officer-involved shooting. anyone assigned a take-home vehicle is essentially responsible for responding back in on an on-call basis 365 dies a year if there's a major event or critical incident. >> commissioner: how many times do they have to respond from home like code 3? >> they have to respond in quite often. it varies depending on the incident whether they have to go code 3. the majority of those individuals i just mentioned have to respond into

officer-involved shootings, for instance, they vary throughout the year. that would indicate a response back in such as the chief of police lieutenant of homicide and our risk management division, so on, so forth. >> commissioner: what i don't understand is why they can't drive their own vehicles then? i don't know. lay person, don't know if you're on call you couldn't drive your own vehicle in and be reimbursed for your mileage. >> because they're responsible for responding back in in an official capacity. they're often responding always responding to crime scenes, typically an officer-involved shooting or homicide. they're responding in an official capacity driving into crime scenes and they have to,

depending on the nature of the call respond ton -- on a code 3 mode. an example back when we had the officer shot at stern grove i myself had responded in a code 3 mode from my house and was the first supervisory capacity. >> commissioner: i'm assuming there are people on-call that aren't always on call all the time? people have days off. they still take the personal vehicles even when they're not on call? >> they do not. we have the cars we listed the 47, they're the take-home car

and they would return it in the morning and it goes back into the pool. >> commissioner: vow a procedure in which you check out cars. check licenses, that they're current, you have the mileage for each of those cars, is that correct? >> similar to the fire department. every time we have to get gas we have to check in with the mileage and it's checked in via chip and logged each time we get gas. >> commissioner: is there a quarterly report that is produced for the chief's review? >> we would do have a report

that has mileage and maintenance from central shops. that would have all the mileage of the cars. >> commissioner: you have the reports so if we were to request reports have you them for the last couple years? >> we could obtain the mileage reports, yes. >> commissioner: do you also feel the admin code is outdated and doesn't truly reflect the department's needs? >> i do in that we have expanded our roles since twrou2004. we have different roles necessitate response in after hours. any other questions from colleagues? seeing none, thank you very much, chief. is the public defender here?

>> commissioner: sheriff's department? do you think this reflects the needs at the sheriff's department? >> no, we need more in the admin code. right now of 24 take-home go home to those on 24/7 call and all of whom use the vehicles more than the five occasions written in the admin code and another three for canine officers they have special equipment in the vehicles the final four are assigned to our investigators. we have a team of eight investigators so there's a pool

of investigators so when they're on duty they have the vehicles to respond. >> commissioner: and you track mileage. >> yes. >> commissioner: and have you quarterly reports for the vehicles taken home? >> we have reports. i don't know if they're quarterly but they're usage and mileage. >> commissioner: and these vehicles, what percentage would you say the vehicles are taken to other jurisdictions rather than city and county of san francisco? >> i don't know exactly. some of the people who are assigned the vehicles live in the city but i don't know the breakout.

>> commissioner: you say you think you're in agreement with the other people using do you feel they could use their own vehicles for some of these things and charge the mileage? >> i think like the police it would be problematic if people showed up in their personal vehicle to an emergency situation. it's helpful, to say the least, to show up in a marked vehicle. >> commissioner: when you make requests in the budget cycle do you differentiate between a vehicle versus one on-call. >> we go by age and mileage based on the hecto guidelines.

>> commissioner: there is no classification where you say we need to purchase five more take-home vehicles. >> it's been 24 for quite some time. we're not looking to increase that level. if vehicles have low utilization and aren't putting on a lot of miles we're not requesting replacement during the budget cycle. >> commissioner: can i speak to someone from the city administrator as -- administrator's office. many departments are feeling the admin code is outdated. wanted to know your opinion.

do you feel the code is outdated and needs to be looked at again? >> yes, we would agree the administrative code sections could be revised to reflect the current needs for departments and also to better match or align with the actual city practices. >> commissioner: do you think there needs to be tighter guideline on this? >> i would agree. >> commissioner: great. i want to thank every department that cake and just trying to get a deeper and we get complaints. someone just sent me a photo today that every single day this city vehicle is parked on her block. as legislators we want to respond why that is so and some

have complained of seeing groceries out shopping in commercial corridors in city-owned vehicles that doesn't look like official city work and i think what we're seeing proof one, the admin code needs to be severely updated i hope we will do in conjunction with departments and city administrator and i think there should be tight guidelines in allowing the vehicles and for what purpose and how we take into account who uses vehicles at which time and the take-out policies and are we keeping track as the city administrator i know you have a broad jurisdiction but is it the

administrator's job to keep track of the vehicles we have and how they're being used and how many citations are being accrued, and getting a deeper understanding. the reason i brought this today and i want to thank my colleagues for entertaining this hearing because i have seen that myself, vehicles being used this way and wanted a better understanding how we can tighten it up and if there's cost savings to this and how we get a handle on the departments. and thank you to the departments that came. you were not the only departments that didn't have allocated vehicles though you were the most egregious.

it's something we're seeing in multiple departments. i think it's something we need to work on to tighten up. thank you to the budget analyst for your report. >> commissioner: public comment. >> commissioner: yes. if anyone would like to comment, please come forward. >> my name is patricia. i'm a resident of whatever bad idea to use personal vehicles,

$1.5 million. my brother, deceased. state auditor central valley. my brother was so cheap he ate at burger king and drove his own vehicle for as long as he worked with the state and something happened and they pissed him off but he was one of the best. the top. personal vehicles, not. i think it's a waste of time. i'm 62 years old. i nominate jane kim for mayor. thank you very much. >> commissioner: thank you very much. >> hi, supervisors. thank you for hearing public comment on the comment i'm jeff

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>> commissioner: thank you very much. any other public comment? seeing none, public comment is closed. i'd mike to make a -- make a motion to file that item. take that without objection. madame clerk, call item 2. >> clerk: hearing on the annual overtime report and the related structural budget impact for the city departments with the highest overtime use and requesting the controller municipal agency fire depend and police department and department of public health and sheriff's department to report.

>> the file's there but not opening. i'll switch to the overhead.

>> i'm michael from the office. there's a trend happening around the city but if you want detailed questions they should be directed to people behind me.

with the annual overtime report we have three main goals. first is to look at city wide overtime in the hours and expenditures. second the departments with the highest overtime use. we looked at the admin code and check if departments are adhering to overtime restrictions and we'll get to that at the end.

we see the increase and it's consistent with overtime share of spending as the total budget. it's about 2% of the total budget and remained around there over the entire time period. this is a list of the top departments for overtime use in '17, '18. the top there's a clear break wen -- between them and everybody else and you see the four to five to six range and the one to two range admin services got to make the top 10 this year.

>> it's not a fiscal issue because it doesn't cost more than hiring an additional person to take care of the hours. the reason is if you hire an additional person out of the gate you have to pay them two or three weeks of vacation, 12 days of holidays, sick time and health insurance and every hour worked accrues retirement cost which is right now about 20%. with overtime, each hour spent in overtime the only addition cost the city faces is the federal payroll taxes of social security and medicare. because of that imbalance it's about the same to use overtime rather than hire new workers. in addition, some overtime hours are actually paid at straight

time not and a half -- time and a half. in particular the fire department with the firefighters did not work the standard eight-hour days. 27% of the overtime hours in the fire department are paid at straight time. similarly, dph nurses don't work standard schedules they work 10 and 12 a lot. it works out about 20% of the hours at dph are straight time overtime. if a nurse works 12 hours, the time-and-a-ha time-and-a-half -- time and a half is for how much in a day and there's eight hours of regular time and four hours of straight time overtime.

because overtime is not necessarily more expensive departments can use it as one of their tools to manage the budget. instead of getting a payout of time and a half you get comp time it's about double the raft increase -- rate of increase of overtime hours.

comp time can generate additional overtime. the example is somebody works an extra hour and instead of getting an hour and a half of wages they opt for an hour and a half of time it will be back filled by somebody else. so it turns into a two and a half hour wage cost because of comp time. i'll turning to comments about individual departments. mta had an increase of 10% of its hours in '17, '18 and cited

shortage of operators and increased demand for special events and construction. mta uses scheduled overtime because of the time it take for a bus to do a complete circuit it doesn't fit into a standard eight-hour schedule and they use overtime to fill them out rather than bringing in people for short period of time. the department was down in expenditures. you can see in 2015, 2016 they £ they opened a new fi they opened a new fire station but increased staffing and they

looked at the ftes. they follow a general pattern when the ftes the overtime increases and when they come back up the overtime falls. it's not something you'd see in for example the police department where they do not backfill absences. will not see the same inverse correlation between ftes and overtime. police hours were up 13% and a third of the overtime was so-called 10b. they're being paid by outside entities to cover events or security and those are fully paid for by these private parties.

almost 10 percent is fund work orders from other departments. the social service's department has had increasing overtime for a few years now but they were able to almost fully staff whether they intend and the overtime leveled off. they had increased responsibilities over the past years and it took a while for the staff to catch up i suppose. the social service's department has skewed distribution of overtime. the top percent earned 22% of the total overtime. that's an issue. whether it's fair or if they can continue to do their job with so much over time. at the same time, people willing

do that much overtime means other people don't have to work mandatory overtime. you can see in the yellow there zuckerberg san francisco general as the hospital was coming online the overtime increased quite a bit but when it was operational, it stayed level that the point. laguna honda in the past year they've had increasing staffing shortages and increasing needs for one-on-one care. you've seen the increased expense for laguna honda there. my last slide is maximum allowed overtime. the admin code says nobody can

work more than 25% of their regular hours as overtime unless the department requests an exemption from department of human resources. the table shows there were a total of 17 depends who had add least one employee who exceeded the 25% limit. only four requests exemptions from dhr and those are emergency management, juvenile police and airport. >> commissioner: thank you very much. any questions or comments or questions for departments.

seeing none, i have some questions. some of the overtime in our depends are mandatory? there's always a certain amount of required overtime? i believe so. >> commissioner: would you say there's a certain amount of mandatory overtime that's required? >> i'd have to defer to the department whether it's mandatory. there's some level of overtime which they generally expect because they use that in their budgeting practices. >> commissioner: when you say it's less expensive to use overtime are we also measuring productivity, for example, did you tell me and correct me if i'm wrong, no one can work a maximum of over eight hours of overtime a day? did you say is that?

>> the payroll system after eight hours calls it overtime even if it's still straight time. >> commissioner: do we a maximum amount of overtime hours someone can work on a given day? >> no, but there's a 72-hour limit per week. >> commissioner: that is for people who normally work a 40-week hour, is that correct? >> for everybody except the fire department. they're exempted from that rule. >> commissioner: an individual can work 72 hours in one week? >> yes. >> commissioner: could that individual work 72 hours the next week and the third week? >> yes. >> commissioner: and then a fourth week? >> yes. at some point they'll reach the 25% cap and they're supposed to stop. >> commissioner: are there exceptions to the 25% cap? >> if they get exemptions from

dhr and emergency >> there were a total of 1,117 employees who exceed the 25% limit. >> commissioner: total city employees? >> total city employees. of those 67 were exempted by dhr to exceed the 25% limit. >> commissioner: of those 6% 67

individuals? >> 67 individuals received exemptions. they're usually done sometimes the department will ask for exemptions for specific individuals. sometimes for an entire class. it depends on the needs. >> commissioner: do we as a city and county have an ideal or target amount we think is healthy and sustainable? >> clerk: i'm not aware of any such study. >> commissioner: we see it continuing increase but we have no way to judge our measure whether that is an acceptable amount of overtime?

so if next year it's 29%? >> it's not really a budget issue but an issue in health of employees and i believe the 25% cap is there to protect employees. these are important issues but not issues we are typically handling. thank you very much. any questions? yes, supervisor mandelman. >> it seems odd the city would rely on these without request for exemptions. should we be worried?

>> i haven't talked to anybody who has asked. >> commissioner: do you think they know? >> that's why i was hesitating. it's entirely possible they don't. our office's role is a compliance reporting one. the board adopt the rules around created an exemption process that involved dhr. we don't play a role in administering the process we report on non-compliance which is significant and has been consistently significant over many years of these reports. if this is important to the board i should follow-up with

the administrator's office. this is not a new issue we're highlighting. >> the requirement to get the exemption is interesting. >> one detail i should mention, mta uses their own human resources department to establish the exemption. they're supposed to notify the controller's office and we did not hear from them and asked when they had done an exemption and have not heard back. >> commissioner: that's great because mta is here today and maybe we should ask them that question. thank you very much. is mta here? it seems you have had a 10.5% increase in overtime hours and we're not taking into account into the current year. what is your response to whether

or not the 25% cap exemption has been granted to individuals and do you have any employees that have exceeded the 25% cap and i think you're supposed to let the controller's office know and they have not had a response. >> i'm the acting human resource director for sfmta. i see we did not respond or have a figure for the exemption. i know it has been done in the past. at this moment i do not know why this assumption wasn't done for fiscal year '17, '18. i'll find out what happened. the brand new ceo made it a top priority to look at the current

overtime figures as well as the overtime exemption report. at this time i don't know why we did not report the numbers. >> commissioner: tell me what the average overtime for drivers are? >> i don't have that total with me now. the transit operators have a scheduled and unscheduled overtime. scheduled overtime is built into their run schedule for scheduling efficiencies as some of the reasons i don't have the total figure but i can provide that also. >> commissioner: there's mandatory overtime included? >> not only with the transit operators but other job classifications and the service critical job classifications at sfmta. >> commissioner: but the 10.5 increase in overtime hours isn't

just for the scheduled overtime is that correct? >> in preparation for the hearing i spoke to the experts at sfmta and we have spoke with the vehicles coming online and we had a facility that opened up prior to the full staffing coming in in the following fis yal year '19 -- fiscal year '19. some were by overtime by the existing staff. >> commissioner: do you have any drivers that are working 72 hours a week? >> no. there's a guideline that prohibits the total amount of

driving numbers. they're actually capped. >> commissioner: you have that number? >> i'll get it for you. >> commissioner: i've seen the overtime exemption report before and drivers are not one of the top number of people. >> commissioner: because of capping. does this gentleman have the answer? >> i've been informed the dot guideline is only 12 hours a day so they can't go beyond that. >> commissioner: could they work 12 hours on monday, tuesday, wednesday, thursday -- at some time fatigue has to set in.

i think if you're driving a mini bus consistently, 12 hours a day for multiple days that and for a long period of time, that seems like it must take a toll on you quite frankly. >> i would wholeheartedly agree. >> that's why our main priority has been to increase the transit operator hires and we've seen some good turnaround in the last three training classes to increase our transit operators. okay. thank you. any questions for sfmta? >> commissioner: for the police department. >> commissioner: thank you. someone from the police department here? >> i'm carolyn welch from the

police department. >> in regards to the overtime paid out oside of the departmen, what are the policies around that? is it other departments that pay for it or private parties >> the ad membership code is non-government -- admin code are non-government entities who want to ask for police secure. one of our largest clients is the giants any event at oracle park the giants games or any concerts they have. the admin code says any athletic events. the breakers event this sunday, the private party sponsor has to play for the police officers to work that event. same with nike women's marathon

and other athletic events and anything that requires a street calendar. closure. they cover the scheduling and payroll and accounting processes. >> commissioner: and with the giants, sit required whatever they want the police department staff to do that it had to come from the police department? >> i'm not sure. >> is there any policy within

the department to limit hours outside staffing they may need? if a police officer wanted to do an extra eight hours do you allow that? >> the internal policy stricter than the city. no one can work more than 14 hours collectively on duty and combined within a 24-hour period and no one can work more than 40 hours of pay period of overtime or 20 hours a week. that's less than the city one. regardless of any time whether it's comp time accrual or paid

overtime. i will point out that the 10b time is exempted from the we call it the 520 hours cap not the 25% time. it's a lot to track if they're going to hit the 520 hours and the 10b time is exempted from that. and we track the hours per week of overtime. regardless if's overtime by the department or paid by the giants.

>> commissioner: does this max it out for the year? >> no, we don't. we track it when they exceed the 14 hours per day or 40-hour per week and the controller issues on a biweeklily basis the tracking report. i've been with the police department seven and a half years. we've always had a few violators often because an officer required in the middle of the year and the overtime was aabove the 25%. we're tracking on hours not realizing their regular hours didn't hit the 20/80 or the

airport needed extra officers. the extra uniform time and depending on what the airport is requesting. >> commissioner: and week after week after week, i guess what i'm getting at is i would think it would have impact into the ability to make good adjustment.

>> i agree. >> commissioner: and i'm not an expert in terms of too tege -- terms of fatigue factors i know i used to put in a lot of hours and after a couple months i'm not able to do my work as well as i should have. who would determine we need to develop this policy within the department? >> the police already have a stricter cap than the city and so that would be a dhr and chief discussion. a lot of officers are working a

4/10. they have three days off and work four t10-hour days so if they work a shift they still get a full day off but we have ples than 20 people who show up on the max at the end of the year that have worked that level. is anybody from h.r. here? that's the question i want to ask. what impact it would have and whether it would be to create policies around because i guess it. maybe a few weeks and if you do this over and ore -- over again i have some concerns.

>> commissioner: do you know what percentage of your overtime hours total your working hours what percentage the overtime hours make up? >> i didn't hear that? >> commissioner: i'm trying to figure out sit really the hours that the police department works, what percentage of those hours are actually overtime hours? >> i did believe the discretionary overtime is less 5% of base pay salary in terms of dollars.