Employment Advisory Committee Meetings
EMPLOYMENT COMMITTEE
MINUTES
April 7, 2005
Members Present
Commissioner Faye Woo Lee, Molly Baier, Bridgett N. Brown, John Crowley, Jerry Jones, Suzanne Korey, Malik Looper Ken Nim, Ronnie Rhoe
Members Absent
Commissioner Larry Lee, F. Ross Woodall
Staff Present
Linda Chin, Kabir Hypolite, Hadas Rivera-Weiss, Mary Gin Starkweather
Guests
John Weber, SFILRC
Call to Order/ Roll Call
The meeting was called to order at 1:35p.m. A quorum was present.
Approval of Agenda
Ken Nim moved to adopt the agenda. John Crowley seconded and the motion was carried unanimously.
Approval of November 4, 2004, December 2, 2004, and February 3, 2005 Minutes
John Crowley moved to adopt the minutes. Bridgett Brown seconded and the motion was carried unanimously.
Public Comment for items not on the Agenda
No comments.
Commissioner’s Report
No Commissioner’s Report
Special Meeting Items
Commissioner Faye Woo Lee welcomed the members and introduced Hadas Rivera-Weiss, HRC staff, as our facilitator.
Each member was asked to introduce themselves and state why they were drawn to the Employment Committee.
1. Commissioner Faye Woo Lee – has been a Commissioner with the HRC for nearly a year and is very pleased to be co-chair of the Committee with Commissioner Larry Lee.
2. Molly Baier – Senior Counsel for Wells Fargo Bank. She sits on the Diversity Council for the Law Department. She informed the committee that she represents herself as an individual, not representing Wells Fargo Bank. She is very concerned about the lack of diversity in construction, especially on the Bay Bridge project.
3. Bridgett Brown – is an eligibility worker at the San Francisco Independent Living Resource Center (SFILRC). She assists disabled clients with benefits and employment rights issues as they relate to the Americans with Disabilities Act. Ms. Brown can bring the “Disability Voice” to the Committee.
4. John Crowley – Business Representative for the Sprinkler Fitters and Apprentices Local No. 483 – the Local covers 9 counties and they only do fire protection (not plumbing). Mr. Crowley wanted to be a member of the Committee so he could reach out to the CBO’s in order to get young people into their apprenticeship program.
5. Jerry Jones – Bank of the West – the bank is headquartered in San Francisco and is involved in many activities such as giving donations to charitable organizations and volunteer service. As a member of Employment Committee Mr. Jones can contribute in the area of employment rights.
6. Suzanne Korey – is a Vocation Education Program Coordinator at the Evans Street Campus of City College. She goes to organizations such as BART, Muni and Laguna Honda and provides career ladder training and skill-upgrade. They also work closely with the CBO’s.
7. Malik Looper Sr. – is Director of Government and Community Relations from the Goodwill Industries, which is a workforce development organization. Goodwill serves clients who have been homeless or involved in the criminal justice system as well as those who have been under-employed and/or returning to the workplace. He is excited about membership on the Committee because of the opportunity to work together with the various organizations represented in achieving secure employment for all San Franciscans.
8. Ken Nim – Program Manager from Visitacion Valley Jobs, Education, & Training (VVJET), which has an employment training and placement program for City residents who want to work in the construction trades. He is also looking forward to working with the other members of the committee to help serve the underrepresented person in San Francisco. He looks forward to working closely with HRC in developing new processes to ensure that contractors meet the minority and women workforce participation goals
9. Ronnie Rhoe – Program Coordinator with Chinese for Affirmative Action (CAA). He appreciates the access to the various members of the Committee and their organizations. He also represents the client base of CAA, which consists mainly of monolingual Chinese immigrants.
The Committee staff also introduced themselves:
1) Linda Chin - is a Contract Compliance Officer who is responsible for contract compliance on Bureau of Engineering projects and is outstationed at the Department of Public Works.
2. Kabir Hypolite - is a Contract Compliance Officer who is responsible for Equal Benefits monitoring and investigation of complaints based on sexual orientation.
3. Mary Gin Starkweather – is a Contract Compliance Officer who is responsible for investigation of complaints of discrimination filed by employees of City contractors.
After a “getting to know one another” icebreaker, the following orientation was presented.
Role of Mayor/ Supervisors/ Executive Director/ Commissioners/ Committee/ Staff
Mr. Hypolite gave the following presentation titled: The Intelligent Fish – (An Intelligent Fish Know the Waters In Which It Swims)
Mayor – Directs all City Departments, Commissions, Bureaus, and Boards; proposes ordinances; proposes budgets.
Board of Supervisors – conducts public hearings, reviews Mayor’s budget proposals, enacts City ordinances, passes resolutions, conducts regularly scheduled meetings, and issues rules.
City Attorney – Advises the Commission regarding proposed policies and legislation drafting and implementation.
HRC Commissioners – Advise the Mayor and Board of Supervisors on social policy, budgetary priority, and pertinent substantive issues, including: HRC Programs (Disadvantaged Business Program, Equal Benefits Ordinance implementation; Employment, Housing and Public Accommodation anti-discrimination program). Hold public hearings and issue reports on matters appropriately before the Commission. Commissioners lead the operation of and set policy in the committees they chair or co-chair. Identify and participate in issues and events pertinent to the committees and represent the Commission and/or advisory committee before other bodies.
Director – Facilitates and directs the effective, efficient operation of the staff, Commission advisory committees and division programs. Consults with Commissioners regularly to guide the Commission regarding HRC jurisdiction, committee activities, issues, and progress, and assists in policy making. Prepares the HRC budget projections.
Employment Committee Members – provide advice and assistance to the Commission regarding diversity and discrimination in employment; review staff reports on employment patterns of City contractors and recommend positions for the Commission to adopt regarding legislation or other actions affecting equal opportunity in employment.
Committee Staff – prepare agendas and minutes for monthly meetings, coordinate special requests with Committee Co-chairs (eg. honorary resolutions), research substantive issues before the Committee, arrange for meeting speakers and presenters, follow-up on matters raised in Committee, orient new members, ensure compliance with Sunshine Act, City policies, Commission policies, Committee mandates, and Committee guidelines.
The main point to take away from this brief overview is that this Committee is not the largest fish and the waters in which we swim are not always clear. Everything this committee does will be scrutinized by the politicians and political bodies who have the authority to approve or reject the Committee’s recommendations. Therefore, we need to keep an open mind regarding issues and matters brought to our attention and weigh all of the viewpoints carefully before reaching a decision or taking a position.
Make Up of the Employment Committee
Mr. Hypolite explained that the Commission strives to have a diverse group of members representing a variety of interests, including, business, community based organizations, educational institutions and unions. A Committee member is appointed by the Commission Chair for a term of one year, beginning on March 1st and ending on February 28th of the following year.
Role of the Employment Committee
Mr. Hypolite gave the following presentation on:
Tools to use when making policy recommendations regarding employment workforce diversity and anti-discrimination.
The Employment Committee has several tools to use when drafting policy recommendations including: monthly meetings, task forces, working groups, public hearings, and panel discussions. Experienced members are quite familiar with the monthly meeting process. In addition, the committee has also had an operating working group since spring of 2004. However, the committee has not recently deployed the remaining tools at its disposal to form policy recommendations. In the 2005-2006 term the Committee may employ one or more of these policy making tools to advance its work. A quick overview of the tools follows:
Monthly meetings allow for substantive written and oral presentations from a variety of sources: community groups, educational institutions, labor and business organizations and representatives, and individuals. Presentations may be for educational or advocacy purposes. The Committee members make inquiries of the presenters and discuss their concerns in order to make appropriate recommendations for the full Commission.
Task forces, for example, are made up of committee members, staff, and community members appointed by the Committee Chairs. They may be organized to tackle specific committee tasks and to identify ways that the committee can respond to a specified concern. Task forces are subject to Sunshine Ordinance public meeting notice requirements.
Working groups are smaller groups typically made up of committee members and staff. They are also organized to handle specific projects and concerns. However, because of their small size and because members may simply volunteer rather than being appointed by the Committee Chair, they are not subject to Sunshine Ordinance public notice requirements.
Public hearings bring forth a variety of interested and affected community members to discuss particular issues before the full Commission. They typically result in a published report by the Commission with findings about the topic and recommendations on how to achieve remedies for the identified problems. The report is then made available to members of the public, advocacy groups, community based organizations, etc.
Finally, panel discussions are usually presentations made to the committee for purposes of educating and advocating policy changes. Committee members and staff determine the nature of the panel, select the panelists and invite them to speak and to provide literature.
Ronnie Rhoe gave the following presentation regarding:
HRC Staff Reports On Employment Patterns Of City Contractors
1) Historically, contractors submitted certified payroll information to the City each month. HRC staff compiled the information into standardized quarterly and annual statistical reports on the racial and gender composition of employees working on City funded projects citywide. The statistics also included applicable apprenticeship programs.
2) Currently, statistical information is available for specific individual projects. The data entry service prevailing provided by the City is no longer available. Now statistical information is collected in a variety of formats by different departments. In 2004, some project specific reports were made to the Employment Committee after the projects were completed.
3) In 2004, the HRC restored a PUC-funded job placement project to place minority and women employees on PUC funded projects via community based organizations. The project is limited in scope, but may serve as a model for future HRC projects.
Linda Chin spoke about:
Responding To Community Requests For Assistance
There are mainly three ways that an issue is referred to the Employment Committee. The Community can appear before the HRC Commission and if it appears to be a class action (involve a number of members of a protected class) and if the Commission has jurisdiction, it may be referred to the Employment Committee. Another is when the community would directly call the HRC Director or a staff person and if the issue pertains to employment, it may be referred to the Employment Committee. At times, people come directly to the Employment committee and present an issue. In this case, the Chair of the Committee consults with the HRC Director and a decision whether or not to pursue the issue is made at that stage.
The Employment committee cannot take individual discrimination cases. The Human Rights Commission has staff assigned to work with individual complaints.
The committee assists the Commission in fact finding and analysis of an issue. The Committee will hear all sides of an issue, prior to taking action and forwarding a recommendation to the Commission. Speakers representing opposing views are given equal opportunity to present their side.
The committee then decides on what appropriate action to be taken: writing a letter, passing a resolution, holding a public hearing or forming a working group.
The Chair of the Commission signs all correspondence.
Following is an example:
Shortly after 9/11 the SFO Airport Screeners came to the Committee requesting assistance in fighting the effects of Section 111 of the Aviation and Transportation Security Act (ATSA), Public Law No. 107-71, which requires that airport screeners be U.S. citizens. Because of this law hundreds of lawful permanent residents who were employed as airport screeners would have been summarily fired from their jobs.
The Committee listened to the screeners and their Union representative and, recommended that the Commission, in conjunction with the San Francisco Immigrant Rights Commission write a letter to the U.S. Secretary of Transportation, Norman Y. Mineta. The letter was adopted by both Commissions and sent. Subsequently, the Committee recommended that the Commission support a resolution to be presented to the full Board of Supervisors urging the “Transportation Security Aviation and Covenant Aviation to hire provisionally, non-citizen screeners who otherwise are qualified to be hired.”
Mary Gin Starkweather reported on:
Examples of Past Projects
In the past the Committee has had a significant impact in many areas. In 1997, women elevator constructors complained about the dearth of women in the elevator industry and the fact that there was no apprenticeship program. A Task Force was formed and the Committee was in the vanguard of inviting representatives of over 20 elevator companies. After several years, with the assistance of Assemblywoman Carole Migden, the women succeeded in establishing a curriculum for an apprenticeship program and several women now inspect elevators for OSHA.
Exotic dancers came to the Committee with a variety of complaints regarding working conditions. The Committee coordinated various City Departments in order to address their concerns.
The Committee was involved in the resolution of a complaint by a group of Korean janitors at the Airport who claimed that, as a class, they received less pay than the white janitors.
The Committee has adopted Guidelines for City Contractors in the hiring of Disabled Persons as well as Guidelines for the hiring of formerly incarcerated persons.
Commissioner Faye Woo Lee presented:
Committee Guidelines
Commissioner Lee covered the portions of the guidelines relating to Commissioner and Committee member responsibilities. A copy of the Guidelines may be requested by calling (415) 252-2500.
Linda Chin covered:
Committee Member Attendance
Membership on each advisory committee is for a one-year term beginning on March 1, 2005. It is the responsibility of Committee members to attend regularly and to participate actively in advisory committee meetings. Due to concerns regarding membership continuity and the necessity for performing the Committee’s duties, if a member accumulates three (3) absences, (even excused absences) during a one-year period, that person will no longer be considered a member of the Employment Committee.
Mary Gin Starkweather covered:
Sunshine Act Requirements
A copy of the Sunshine Ordinance may be requested by calling the Sunshine Ordinance Task Force at (415) 554-7724.
Setting Goals for 2005
Hadas Rivera-Weiss facilitated discussion among the members on proposed projects for the 2005-2006 term.
The proposed topics were:
1) Construction Trades Reporting – this includes areas such as: improving systems for receipt of data from certified payroll reports, improved analysis of data, collaboration with Employment Development Department and Labor Standards Enforcement and the presentation of regular timely reports on ongoing projects to the Committee.
2) Proposed Resolution from All of Us or None (AUON), a project of Legal Services for Prisoners with Children – representative from AUON had come before the Committee with a resolution regarding the challenges that previously incarcerated people face when seeking employment. (See February 3, 2005 Committee minutes)
3) The “Unfinished Agenda” Revisited – this would include presentations by persons who were involved in the original “Unfinished Agenda” study (which focused on the African American community) and the expansion of the concept to include a study of the current situation of not only African Americans, but all persons who are unemployed or underrepresented in the San Francisco workforce.
4) Assistance to Displaced Garment Industry Workers – this would include considering the challenges faced by monolingual immigrants facing unemployment as well as working conditions in the factories. A fact-finding informational presentation could be made before the Committee
5) Age Discrimination and Chapter 12B – the age limit in Chapter 12B is 40 to 65 years. The State has no upper age limit and the federal age limit is 70. Also, HRC has been receiving calls from young people in their 20’s claiming discrimination because they are too young.
6) Development of a “Racism in the Workplace” technical assistance program - the HRC could act as a resource for City contractors who needed information on cultural sensitivity workshops.
7) Disability Issues – consider methods of tracking disabled individuals in the workforce of City contractors in the same way race and sex is tracked. Only persons who self-identify would be counted. Devote one meeting to disability issues and have a panel.
8) Assistance to People who have dropped out of High School – look at the reasons for dropping out and challenges facing them.
9) LGBT Issues in Employment – the Committee has been concentrating its focus on issues of race and sex and has not discussed the challenges of the LGBT community faces in seeking and maintaining employment. (It was decided that this would be in the purview of the LGBT Advisory Committee.).
After much discussion and subsequent voting by the Committee members, the topics were ranked as above. Discussion about how the Committee wishes to address the top four issues will take place at the next Committee meeting.
Commissioner Lee thanked the Committee Members for their participation.
Calendar Matters –
The next meeting will be held:
Date: Thursday, May 5, 2005
Time: 1:30 to 3:30 PM
Place: HRC Offices
25 Van Ness Avenue, 8th Floor
San Francisco, CA 94102
Adjournment
Jerry Jones moved and Bridgett Brown seconded the motion to adjourn at 5:00 PM.