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SO WE'RE GONNA GO AHEAD AND GET STARTED WITH OUR SPECIAL COUNSEL WORK SESSION ON THE PAID SICK LEAVE ORDINANCE.THE TIME IS 1:11 PM UM, I DON'T BELIEVE WE'LL NEED TO CALL ROLL.
THERE'S A FEW, AND I THINK A FEW PEOPLE ARE COMING BACK FROM, UH, A LUNCH EVENT.
SO, UM, OUR ONE ITEM ON TODAY'S BRIEFING IS THE PAID SICK LEAVE COMMISSION, UM, WORK.
AND SO I'LL TOSS IT TO OUR CITY MANAGER TO GET US STARTED.
UH, THIS AFTERNOON WE'LL HAVE, UH, WE'LL START OFF, UH, AND DANIELLE, UH, AND DR.
BRIDGER WILL BE COVERING THE GENERAL, UH, PRESENTATION, AND THEN WE'LL OPEN IT UP FOR FEEDBACK FROM THE COUNCIL MEMBERS.
SO I'LL HAND IT OVER TO DANIELLE AND DR.
SO, THE PURPOSE OF TODAY'S PRESENTATION IS FOR YOU TO HEAR ABOUT THE WORK AND RECOMMENDATIONS FROM THE PAID SICK LEAVE COMMISSION.
UM, BUT BEFORE DANIELLE WALKS YOU THROUGH THOSE CHANGES, I AM VERY GOING TO VERY QUICKLY SUMMARIZE, UM, THE 25 PAGE REPORT THAT YOU RECEIVED FROM DR.
ROMAN ABOUT THE PROJECTED COSTS AND BENEFITS OF PAID SICK LEAVE ON SMALL BUSINESSES AS SOON AS THE SLIDES MAGICALLY APPEAR.
UM, SO THE NATIONAL RESEARCH ON THE TOPIC OF PAID SICK LEAVE IS STILL IN ITS INFANCY.
HOWEVER, DOCTORS NIVAN AND ROMAN WERE ABLE TO ANALYZE OVER 25 DIFFERENT STUDIES AND IDENTIFIED THE FOLLOWING BENEFITS OF PAID SICK LEAVE TO EMPLOYERS AND ESPECIALLY TO THE PUBLIC'S HEALTH.
SO IN AREAS THAT DO HAVE PAID SICK LEAVE, UM, YOU SEE, UH, HEALTHIER WORKPLACES, EMPLOYEES WHO DO NOT HAVE THE ABILITY TO TAKE TIME OFF WORK IF THEY'RE NOT FEELING WELL, ARE MORE LIKELY TO GO TO WORK AND THUS, UH, SPREAD THEIR CONTAGIOUS ILLNESSES.
UM, THEY ALSO FOUND THAT EMPLOYERS WHO HAD PAID SICK LEAVE HAD, UM, HIGHER PRODUCTIVITY THAN THOSE WHO DID NOT.
AND IT'S LOGICAL TO THINK ABOUT THE FACT THAT IF SOMEBODY GOES TO WORK NOT FEELING WELL, THEY'RE NOT AS PRODUCTIVE AS IF THEY WERE FEELING WELL WHEN THEY WERE AT THE WORKPLACE.
UM, THEY ALSO FOUND THAT THERE ARE FEWER ON THE JOB INJURIES IN THOSE BUSINESSES THAT HAVE PAID SICK LEAVE.
UH, AGAIN, IF EMPLOYEES AREN'T FEELING WELL, THEY'RE LESS LIKELY TO PAY ATTENTION TO THE SAFETY MEASURES THAT EMPLOYERS HAVE IN PLACE, AND THEY'RE MORE LIKELY TO BE INJURED.
UM, AND THEN FINALLY, THEY FOUND THAT THERE IS A LOWER TURNOVER RATE AMONG EMPLOYERS WHO HAVE PAID SICK LEAVE.
UM, ONE STUDY ACTUALLY ESTIMATED AS MUCH AS A 25% REDUCTION IN EMPLOYEE TURNOVER WHEN, UM, AN AN EMPLOYER IMPLEMENTED PAID SICK LEAVE.
ONE INTERESTING NOTE IS THAT IN A NATIONAL STUDY OF RESTAURANT WORKERS, 63% OF THEM REPORTED COOKING AND SERVING FOOD WHILE SICK IF THEY DID NOT HAVE ACCESS TO PAID SICK LEAVE.
OTHER STUDIES HAVE ALSO FOUND AN INCREASED UTILIZATION OF PREVENTIVE HEALTH SERVICES LIKE WELLNESS EXAMS, MAMMOGRAMS, AND IMMUNIZATIONS.
THE REPORT THEN LOOKED AT ECONOMIC CONSIDERATIONS, UM, LOOKING AT IMPLEMENTATION COSTS AND CAME UP WITH A NATIONAL ESTIMATE OF 0.4% OF A TOTAL FIRM'S TOTAL REVENUE.
UM, THEY LOOKED AT STUDIES THAT, UM, EXAMINED MISUSE OF PAID SICK LEAVE, WHICH WAS ONE OF THE CONCERNS THAT WE HAVE HEARD FROM EMPLOYERS.
AND WHAT THEY FOUND IS THAT ON AVERAGE WORKERS WITH PAID SICK LEAVE USE 2.65 DAYS PER YEAR, AND THAT MISUSE IS EX IS RARE.
THEY ALSO LOOKED AT WHETHER, UM, CITIES THAT IMPLEMENTED PAID SICK LEAVE SUFFERED ECONOMICALLY AS FAR AS JOB GROWTH WAS CONCERNED.
AND WHAT THEY FOUND WAS THAT IN CITIES WHERE PAID SICK LEAVE WAS A MANDATE, UH, THEY ACTUALLY HAD HIGHER JOB GROWTH COMPARED TO OTHER CITIES THAT DID NOT HAVE MANDATED PAID SICK LEAVE.
UM, THEY FOUND MORALE AND PRODUCTIVITY GAINS WERE REPORTED TO HAVE IMPROVED IN MULTIPLE CITIES THAT HAD IMPLEMENTED PAID SICK LEAVE.
UH, AND THEY ALSO FOUND THAT IN, UH, CITIES AND ORGANIZATIONS THAT HAD PAID SICK LEAVE THE USE OF EMERGENCY ROOM, UM, SERVICES DECLINED BECAUSE PEOPLE WERE ABLE TO GET TO THEIR DOCTOR'S OFFICES EARLIER ON IN THEIR ILLNESS.
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CONCLUSION, UM, WHAT THIS REPORT FOUND IS THAT THEY ESTIMATED ABOUT $16 MILLION IN TOTAL EMPLOYER COSTS.THEY THEN ESTIMATED A TOTAL COMMUNITY BENEFIT, INCLUDING EMPLOYER FINANCIAL BENEFIT AND COMMUNITY FINANCIAL BENEFIT OF $44 MILLION, AND THEREFORE A NET BENEFIT TO EMPLOYERS AND THE COMMUNITY OF $27 MILLION, UM, FOR IMPLEMENTING PAID SICK LEAVE.
WITH THAT, I'M GOING TO TURN IT OVER TO DANIELLE.
I WILL BE HERE FOR QUESTIONS AT THE END.
DANIELLE HARGROVES IS GOING TO WALK YOU THROUGH THE COMMISSION'S WORK.
THIS IS THE, UH, SO YEAH, AND IT'S COUNTERINTUITIVE.
SO HIT THE LEFT ONE WHEN YOU WANNA GO FORWARD.
UM, I HAVE A FEW PRELIMINARY COMMENTS I'D LIKE TO MAKE IF IT, IF YOU'LL INDULGE ME.
UH, THE ORIGINAL CHARGE IN THE LENS IN WHICH THE COMMISSION'S WORK WAS PAINTED WAS PRESENTED TO US, UH, IN A VARIETY OF WAYS, BUT ONE OF WHICH IS THAT THE COMMISSION WAS NOT TO BE ABOUT THE MERITS OF SICK LEAVE ORDINANCE, THE, UH, SICK LEAVE ORDINANCE, BUT ABOUT TO FOCUS ON THE ISSUES RELATED TO IMPLEMENTATION.
WE WERE TO CONSIDER ALL PERSPECTIVES AND MINIMIZE ADVERSE IMPACTS OF THE ORDINANCE AND REVISE IT WITH FULL STAKEHOLDER SUPPORT.
WE WERE TO MINIMIZE ADVERSE IMPACTS ON MATTERS SUCH AS ECONOMIC DEVELOPMENT, COMMUNITY HEALTH EQUITY, AND THE IMPACT ON SMALL BUSINESS OWNERS.
OUR GOAL WAS TO HAVE A COLLABORATIVE EFFORT WORKING TOWARDS THE END GOAL TO HELP TWEAK THE EXISTING ORDINANCE TO, TO A MORE FULLY FUNCTIONAL, LEGALLY ENFORCEABLE, SICK AND SAFE LEAVE ORDINANCE.
SO I, AS THE CHAIR OF THE COMMISSION, I, WE'VE TRIED TO STAY TRUE TO THAT FOCUS.
UH, WE'RE PLEASED TO PRESENT TO YOU THE FULL, THE FULL COUNSEL, OUR WORK AND EXPLAIN OUR WORK TO YOU HOW WE CAME TO THE RECOMMENDATIONS WE HAVE.
WE'RE CONFIDENT THAT YOU HAVE THE TOOLS TO PASS AN ORDINANCE THAT IS LESS SUSCEPTIBLE TO LEGAL CHALLENGE AND SUFFICIENTLY BALANCED TO CREATE STAKEHOLDER SUPPORT ACROSS THE BOARD.
I WOULD LIKE TO TAKE A MOMENT TO RECOGNIZE ANY MEMBERS OF THE COMMISSION IF THEY'RE HERE.
OKAY, YES, THAT IS, UH, APPROPRIATE.
UH, TO DISCUSS THE ORDINANCE AND SORT OF GIVE YOU A LITTLE BACKGROUND.
BACK IN MAY OF 2018, AS YOU ALL KNOW, THE PETITION WAS, UH, THERE WAS A PETITION TO PASS THIS PAID SICK LEAVE ORDINANCE IN SAN ANTONIO THAT IS SIMILAR TO THE DALLAS AND AUSTIN PAID SICK LEAVE ORDINANCES SUBMITTED TO THE CITY CLERK.
IN AUGUST OF 2018, THE CITY CLERK CERTIFIED THAT SUFFICIENT SIGNATURES WERE GATHERED, AND THEN THERE WERE TWO OPTIONS THAT YOU HAD TO PLACE THE ITEM ON THE NOVEMBER, 2018 BALLOT FOR A VOTE OR TO HAVE CITY COUNCIL VOTE ON IT, TO ADOPT THE ORDINANCE AS IT IS.
SO IN AUGUST, ON AUGUST 16TH, 2018, CITY COUNCIL VOTED TO ADOPT THE ORDINANCE EXACTLY AS IT WAS WRITTEN IN THE INITIATIVE PETITION.
ON NOVEMBER 21ST, 2018, MAYOR NUREMBERG APPOINTED AN AD HOC CITY COUNCIL COMMITTEE TO REVIEW OPTIONS FOR REVISING THE PAID SICK LEAVE ORDINANCE WITH FULL STAKEHOLDER SUPPORT.
ON AUGUST 2ND, 2019, UH, THE MAYOR ALSO APPOINTED COUNCIL MEMBERS ROBERT TREVINO AND MELISSA CABELLO HVA TO THE AD HOC CITY COUNCIL COMMITTEE ON PAID SICK LEAVE.
THE AD HOC COUNCIL COMMITTEE MEMBERS, AS YOU WELL KNOW, UH, ARE LISTED THERE, AND THEY WERE CHARGED WITH CREATING A PAID SICK LEAVE COMMISSION AND ESTABLISHING A PROCESS THAT INCORPORATES THE INPUT OF ALL STAKEHOLDERS TO ARRIVE AT FINAL RECOMMENDATIONS FOR COUNCIL.
THERE ARE THE, THOSE ARE THE MEMBERS OF THE COMMISSION.
AS YOU CAN SEE, A, A WIDE VARIETY OF MEMBERS ACROSS, UH, ADVOCACY GROUPS, UH, CHAMBERS, UH, EMPLOYERS, SMALL AND MEDIUM SIZED BUSINESSES WE'RE ALL INCLUDED, AND MYSELF AS THE CHAIR AS A, UH, NEUTRAL VOICE.
WE DIVIDED OUR WORKUP INTO FIVE SUBCOMMITTEES.
WE ADDRESSED, UH, THE FOLLOWING ISSUES, COMPLIANCE AND GOVERNANCE, DEFINITIONS AND QUALIFICATIONS, EXECUTION, LEGAL CONSIDERATIONS AND RESEARCH AND BEST PRACTICES.
UH, JUST TO GIVE YOU AN IDEA OF THE AMOUNT OF WORK THAT WAS PUT INTO THIS BY THE COMMISSION, UH, YOU'VE, I KNOW YOU'VE HEARD SOME BRIEFINGS OF IT, SO I'LL
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JUST BRIEFLY KIND OF TALK, UH, THROUGH SOME OF THOSE.WE BEGAN OUR FIRST MEETING IN APRIL OF THIS YEAR.
WE'VE HAD A TOTAL OF 15 BASICALLY COMMISSION MEETINGS, UH, POST-IT MEETINGS.
THEY WERE POSTED AND OPEN TO THE PUBLIC.
WE'VE GIVEN THEM OPPORTUNITIES, UH, THE PUBLIC OPPORTUNITIES TO, UH, ASK QUESTIONS.
THERE WERE INFORMATION SESSIONS, UH, AT ONE POINT WHERE WE RECEIVED A LOT OF INFORMATION AND WE PUT THAT INFORMATION ON THE, UH, CITY WEBSITE.
ALL SUBCOMMITTEES MET NUMEROUS TIMES, APPROXIMATELY 45 MEETINGS OVERALL, UH, WHERE THE COMMITTEE CHAIRS REPORTED INTO THE COMMISSION MEETINGS.
SO, AS WITH REGARD TO STAFF SUPPORT FOR THE PAID SICK LEAVE ORDINANCE REVISION PROCESS, WE HAD THE BENEFIT IN, UH, THE HELP OF METRO HEALTH, THE CITY MANAGER'S OFFICE, GOVERNMENT, GOVERNMENT AND PUBLIC AFFAIRS, CITY ATTORNEY'S OFFICE, UH, WHO WEIGHED HEAVILY IN ON ASSISTING IN THIS PROCESS.
AND THE SAN ANTONIO PUBLIC LIBRARY SUPPORTED THE PAID SICK LEAVE, UH, REVISION PROCESS THROUGH OUR MEETINGS, UH, PROVIDING, UH, LOCATIONS FOR ALL OF OUR MEETINGS, OUR INFORMATION SESSIONS FOR RESEARCH, AND FOR ROBUST PUBLIC ENGAGEMENT AND OUTREACH.
SO WHAT'S THE TIMELINE HERE? WE'RE HERE TODAY TO, UH, TALK YOU THROUGH THE ORDINANCE, ALL THE REVISIONS THAT WE ARE RECOMMENDING, UH, WITH THE IDEA THAT, UH, YOU WILL MEET ON OCTOBER 3RD IN A SESSION, UH, TO VOTE ON THIS ISSUE, IF THAT IS YOUR WILL.
AND THE IDEA IS THAT BETWEEN OCTOBER AND NOVEMBER, 2019, THAT THERE WILL BE INFORMATION SESSIONS HOSTED BY METRO HEALTH ACROSS THE CITY TO EXPLAIN TO THE PUBLIC, UM, THE ORDINANCE THAT WILL BE MOVING FORWARD WITH THE IDEA THAT THE, UH, ORDINANCE WILL GO INTO EFFECT BE IMPLEMENTED ON DECEMBER 1ST, 2019 CITYWIDE.
SO THERE WERE SEVERAL KEY RECOMMENDATIONS ANALYZED.
UH, I THINK YOU ALL HAVE THE ORDINANCE IN FRONT OF YOU, IS THAT CORRECT? I DON'T WANT TO ASSUME.
SO WITH THAT IN MIND, UM, I KIND OF WANTED TO GIVE YOU AN OVERVIEW.
WE ORIGINALLY TOOK EACH ELEMENT OF THE ORDINANCE AND BROKE IT UP AND TRIED TO DETERMINE WHERE THERE WERE AREAS OF, UM, UNANIMOUS CONSENT OR UNANIMOUS AGREEMENT WHERE THERE WERE AREAS WHERE WE COULD USE, UH, PERHAPS MINOR OR NON SUBSTANTIVE CHANGES OR PROCESS CLARIFICATIONS.
WE ALSO, UH, WANTED TO DEAL, UH, WE ADDED CERTAIN REVISIONS THAT WE THOUGHT WERE POTENTIALLY MISSING.
AND THEN THERE WERE, UH, SEVERAL SECTIONS WHERE WE DEALT WITH CHANGES THAT ADDRESS LEGAL ISSUES.
AND AS YOU CAN SEE HERE, WE, UH, THOSE TOP THREE AREAS WERE RELATIVELY, UH, THERE WERE RELATIVELY FEW TO NO CHANGES WITH REGARD TO THE DUTIES OF THE DIRECTOR AT METRO HEALTH ENFORCEMENT AND THE ANNUAL REPORT.
WE DID HAVE SOME DISCUSSION AND REVISIONS, UH, ALTHOUGH MINOR, UH, WITH REGARD TO, UH, PROCESS.
AND THOSE WERE WITH REGARD TO NOTICE REQUIREMENTS, UH, THE ASPECT OR THE DISCUSSION OF RETALIATION, OR THAT THERE IS THAT RETALIATION WILL NOT BE TOLERATED AND WHAT, UH, IS A VIOLATION AND THE CIVIL PENALTIES AND, UH, THAT GO WITH THAT.
WE ALSO ADDED A SECTION WITH REGARD TO SEVERABILITY OF THE CLAUSE TO THE CITY CODE, UH, AND WE'LL DISCUSS THAT A LITTLE BIT, UH, IN A LITTLE FEW MINUTES.
UM, AND THEN AS REGARD TO THE ISSUES, LEGAL ISSUES, WE DEALT WITH THE DEFINITIONS, UH, THE SCOPE AND INTENT OF THE ARTICLE.
THERE IS A PROVISION THAT DEALS WITH, UH, EMPLOYERS WHO HAVE COLLECTIVE BARGAINING AGREEMENTS, AND THAT THE DEPARTMENT HAS NO SUBPOENA POWER TO ENSURE THAT THAT WAS, UH, INCLUDED.
SO LET'S TALK A LITTLE BIT ABOUT THE FIRST SECTION, 15, TWO POINT, UH, 15 2 69, THE SUMMARY OF THERE.
THAT SECTION DEALS WITH THE DEFINITIONS.
WHAT WE WANTED TO DO IS DEFINE WHAT AN EMPLOYEE IS.
AND WHAT WE DID WAS REMOVE THE, REMOVE THE SECTION THERE THAT REQUIRED THAT THE EMPLOYEE WORK 80 HOURS TO QUALIFY AS A COVERED EMPLOYEE UNDER OR UNDER THE ORDINANCE.
UH, WE IMPROVED UPON OR CLARIFIED THE DEFINITION OF A FAMILY MEMBER TO BE MORE BROAD AND INCLUSIVE OF ALL GENDER ORIENTATIONS AND SEXUAL IDENTITIES, AND WHAT IS COMMONLY, UH, KNOWN IN THE COMMUNITY AS A FAMILY.
UH, THERE WAS A TERM, UH, THE EARNED BASICALLY RENAMED TO, UH, SICK AND SAFE LEAVE.
AND THAT WAS PRIMARILY TO ADDRESS THE ISSUES THAT, UH, THE ORDINANCE ALSO ADDRESSED WITH REGARD TO SEXUAL ASSAULT, VIOLENCE, UH, DOMESTIC VIOLENCE ISSUES AND LEAVE THAT IS, UH, ACCORDED WITH THAT TYPE OF LEAVE.
AND THERE WAS A, WAS A LOT OF CONFUSION ABOUT AS TO WHY THOSE PROVISIONS WERE IN THERE, AND THAT'S WHY
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WE SUGGESTED THE NAME CHANGE.AND THEN THERE WAS ALSO THE REMOVAL OF REFERENCES TO THE SIZE OF THE EMPLOYER, UH, BEING MEDIUM OR LARGE AND SMALL.
AN EMPLOYEE MEANS AN INDIVIDUAL WHO PERFORMS WORK FOR THE PAY WITHIN THE CITY OF SAN ANTONIO FOR AN EMPLOYER, INCLUDING WORK, PERFORM THROUGH THE SERVICES OF A TEMPORARY OR AN EMPLOYEE AGENCY.
A FAMILY MEMBER IS ANY OF THE FOLLOWING AS THEY RELATE TO AN EMPLOYEE.
SO SPOUSES, DOMESTIC PARTNERS, BOTH DIFFERENT SEX AND SAME SEX, SIGNIFICANT OTHERS, ANY OTHER FAMILY MEMBER WITHIN THE SECOND DEGREE OF CONSANGUINITY OR AFFINITY, OR A MEMBER OF THE COVERED EMPLOYEE'S HOUSEHOLD SICK AND SAFE LEAVE MEANS A PERIOD OF PAID LEAVE FROM WORK ACCRUED BY AN EMPLOYEE IN ACCORDANCE WITH THIS ARTICLE.
SICK AND SAFE LEAVE IS A FRINGE BENEFIT AS DEFINED BY THE TEXAS LABOR CODE AND NOT A WAGE OR A COMPONENT OF SALARY.
UH, YOU'LL FIND THAT THAT IS A FUNCTION OF THE LEGAL CONSIDERATION, UM, THAT WE HAD TO MAKE.
UH, WITH REGARD TO THIS ORDINANCE, MEDIUM OR LARGE EMPLOYERS REMOVES WERE TOTALLY REMOVED.
ALL EMPLOYEES CAN ACCRUE UP TO 56 HOURS OF SICK AND SAFE LEAVE A YEAR, REGARDLESS OF THE EMPLOYER'S, NUMBER OF EMPLOYEES OR HOW LARGE THE EMPLOYER IS.
IT ALLOWS EMPLOYERS TO RETAIN ALREADY ESTABLISHED BENEFITS, UH, ELIGIBILITY PERIODS FOR UP TO 180 DAYS.
WE LEARNED IN OUR RESEARCH THAT THERE WERE SOME EMPLOYERS WHO HAD, UM, 180 DAYS IN THEIR POLICIES WITH REGARD TO, UH, PROBATIONARY PERIODS OR ELIGIBILITY PERIODS, AND THERE WAS A VOTE IN THE COMMISSION TO ALLOW THOSE WHO TO SORT OF GRANDFATHER THOSE IN.
UM, BUT IF AN EMPLOYER ESTABLISHES AN ELIGIBILITY PERIOD, HEREAFTER THE EFFECTIVE DATE OF THE ORDINANCE, THAT THAT PERIOD MAY NOT EXCEED 90 DAYS.
THIS ARTICLE DOES NOT REQUIRE AN EMPLOYER TO PROVIDE AN EMPLOYEE WITH MORE PAID SICK LEAVE, SICK AND SAFE LEAVE IN A YEAR THAN THE BASELINE AMOUNT OF 56 HOURS SPECIFIED IN THE SECTION AND THE YEARLY BASELINE AMOUNT FOR SICK AND SAFELY.
FOR FULL-TIME EMPLOYEES UNDER THIS ARTICLE AS 56, THE EMPLOYER MAY CHOOSE TO PROVIDE A HIGHER AMOUNT, UH, AND YOU MAY FIND THAT SOME EMPLOYERS PROVIDE PAID TIME OFF POLICIES WHERE THEY MAY IN FACT HAVE ACTUAL MORE TIME AVAILABLE TO USE IF THEY CHOOSE AN ESTABLISHED ELIGIBILITY PERIOD.
APPLYING TO THE ACCRUAL AND USE OF SICK LEAVE MAY NOT EXCEED 180 DAYS FROM THE START OF EMPLOYMENT IN ELIGIBILITY PERIOD, APPLYING TO THE ACCRUAL AND USE OF SICK LEAVE, SICK AND SAFE LEAVE THAT IS ESTABLISHED BY THE EMPLOYER.
THAT'S WHAT I TALKED ABOUT A FEW MINUTES, UH, AGO, IS THAT IT MAY NOT EXCEED 90 DAYS IF THEY HAVE NOT ALREADY GOT A POLICY.
IN EFFECT, IT PROVIDES FOR THE VERIFICATION PROCEDURES WHEN AN EMPLOYEE USES SA SICK AND SAFELY FOR MORE THAN THREE CONSECUTIVE DAYS OF WORK.
SOME OF YOU MAY BE FAMILIAR WITH F M L A AND OTHER LEAVE POLICIES WHERE, UH, AT THE CONCLUSION OF THREE CONSECUTIVE DAYS OF USE, AN EMPLOYER WOULD BE ENTITLED TO ASK FOR VERIFICATION, UM, UH, FOR THE REASONING BEHIND THEIR ABSENCE.
THIS IS NO DIFFERENT, UH, BUT WE DO MAKE IT CLEAR THAT IT'S ON THE FOURTH DAY WHEN AN EMPLOYER, UH, MIGHT BE ABLE TO INQUIRE ABOUT THE REASON BEHIND THE USE OF THE LEAVE.
THEY MAY ADOPT THOSE REASONABLE VERIFICATION PROCEDURES.
AND WE'VE, UH, INCLUDED AN ADDITION IN THERE TO ADDRESS, UH, SOME EMPLOYER CONCERNS ABOUT THE POTENTIAL ABUSE OF LEAVE.
UNDER THIS PRO SECTION, IT IS CLEAR, WE WANT IT TO BE CLEAR THAT AN EMPLOYER MAY NOT ADOPT VERIFICATION PROCEDURES THAT WOULD REQUIRE AN EMPLOYEE TO PROVIDE A DETAILED DESCRIPTION OF DOMESTIC ABUSE, SEXUAL ASSAULT, STALKING, ILLNESS INJURY, HEALTH CONDITION, OR OTHER HEALTH NEED WHEN MAKING A REQUEST FOR SICK AND SAFE LEAVE UNDER THIS SECTION.
AGAIN, THAT IS NOT UNLIKE UNDER THE, UM, FAMILY MEDICAL LEAVE ACT, WHERE EMPLOYERS, UH, DO NOT ASK OR NOT PERMITTED TO ASK, UH, DETAIL ABOUT THE ABSENCES.
SO THIS IS CONSISTENT WITH THAT, UH, THAT IS JUST A RESTATEMENT AGAIN, THAT IT, AGAIN, IT HAS TO BE MORE THAN THE THREE CONSECUTIVE DAYS OF SICK AND SAFE LEAVE BEFORE THERE IS A REQUIREMENT TO SEEK VERIFICATION.
UH, ONE OF THE THINGS THAT WE WANTED TO ENSURE WAS CLEAR ABOUT THIS IS THAT AN EMPLOYEE CHOOSES WHAT DOCUMENTATION TO PROVIDE IN RESPONDING TO A REQUEST FOR VERIFICATION.
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THAT IS AN EMPLOYER IS NOT PERMITTED TO ASK FOR SPECIFIC VERIFICATION.THE EMPLOYEE HAS FREE WILL AND CHOICE AS TO WHAT IS PROVIDED.
AND WE'VE ALSO GIVEN SOME GUIDANCE THAT BASICALLY A WRITTEN STATEMENT FROM THE EMPLOYEE THAT SIMPLY STATES THAT THEY WILL BE TAKING SICK OR SAFE LEAVE PROVIDED UNDER THIS ORDINANCE WILL BE SUFFICIENT.
UH, TALKING A LITTLE BIT ABOUT THE ABUSE OF SICK AND SAFE LEAVE, EMPLOYERS WHO SUSPECT THAT, UH, UH, THE ABUSE OF SICK AND SAFE LEAVE, INCLUDING PATTERNS OF USE MAY REQUEST VERIFICATION OF THE EMPLOYEE'S NEED FOR LEAVE, AND THAT'S CONSISTENT WITH LIMITATIONS AND PARAMETERS ESTABLISHED BY STATE AND FEDERAL LAW OR, UH, OR ANY OTHER STORES.
LET'S TALK A LITTLE BIT ABOUT THE WITHDRAWAL OF COMPLAINTS AND THE INVESTIGATION.
SO THE PERIOD OF TIME TO FILE A COMPLAINT AS WE, AS THE COMMISSION HAS, UH, RECOMMENDED THE ORIGINAL LANGUAGE HAD TWO YEARS.
WE HAVE RECOMMENDED 60 DAYS PLUS A DISCOVERY RULE.
AND WHAT THAT MEANS IS, UH, 60 DAYS UPON THE INCIDENT WHERE THEY EITHER WERE DENIED LEAVE OR THEY REQUESTED LEAVE, UH, OR HAD TO TAKE, LEAVE UNPAID OR DISCOVERY RULE, MEANING, UH, THE FIRST OPPORTUNITY THEY HAD TO LEARN THAT THEY WERE ELIGIBLE FOR THE LEAVE, UH, AND THEN 60 DAYS POST THAT DATE.
IT IS A CLARIFICATION OF WHAT EMPLOYEES SHOULD INCLUDE IN THEIR COMPLAINT AND WHAT A WITHDRAWAL OF A COMPLAINT ACTUALLY LOOKS LIKE.
HERE'S THE ACTUAL LANGUAGE OF THE ORDINANCE WHERE IT SAYS THE, UH, VI COMPLAINT MUST BE FILED WITH THE DEPARTMENT BY OR ON BEHALF OF AN AGGRIEVED EMPLOYEE BY WHICHEVER DATE IS LATER WITHIN 60 DAYS FROM THE DATE OF THE VIOLATION, OR 60 DAYS FROM THE DATE OF THE EMPLOYEE'S DISCOVERY OF A VIOLATION.
A COMPLAINT WILL BE DEEMED TO BE RECEIVED BY ANY MEMBER OF CITY STAFF IF PROVIDED IN WRITING, AND SHALL BE DIRECTED TO THE, TO THE DEPARTMENT BY CITY STAFF.
WE'VE ALSO GIVEN SOME INDICATION OF WHAT WE WOULD LIKE TO SEE IN A COMPLAINT.
UH, THERE WAS SOME DISCUSSION ABOUT WHAT IF THEY DON'T HAVE ALL OF IT, BUT THAT IS NOT MEANT TO BE, UH, A BAR TO AN EMPLOYEE'S COMPLAINT.
BUT, UH, THIS IS COMPRISED OF A LIST OF ITEMS THAT WOULD BE RELEVANT AND IMPORTANT TO KNOW IN THEIR INVESTIGATION, THE NAME OF THE COMPANY, THE LOCATION OF THE COMPANY OR THE EMPLOYER, THE DATE OF THE INCIDENT OR VIOLATION, AN EXPLANATION OF THE INCIDENT OR VIOLATION, AND THE LIST OF WITNESSES, IF ANY, OR PERSONS WITH KNOWLEDGE WITH REGARD TO THE INCIDENT OR THE VIOLATION AS APPLICABLE.
UH, WE'VE ADDED THE, THE SECTION ABOUT THE WITHDRAWAL OF COMPLAINTS.
AND SO THIS GOES A LITTLE BIT TO THE EDUCATION PIECE FOR THE EMPLOYEES AND EMPLOYERS.
AND THERE MAY BE INSTANCES WHERE COMPLAINTS ARE FILED AND THEY MAY NOT HAVE MERIT.
UM, UM, SO WE WANT TO GIVE THAT OPPORTUNITY FOR AN EMPLOYEE TO WITHDRAW THEIR COMPLAINT ONCE THEY'VE HAD IT INVESTIGATED AND THEY UNDERSTAND, UM, PERHAPS THAT THERE WAS NOT A VIOLATION, AND THAT, UH, EMPLOYEE HAS A SOLE DISCRETION TO WITHDRAW THEIR COMPLAINT IF THEY CHOOSE, AND IT WILL TERMINATE THE INVESTIGATION PROCESS IMMEDIATELY.
AND A FINDING OF WITHDRAWING COMPLAINT WOULD BE, UH, THE RESULT AND NO FINE BEING ASSESSED AGAINST THE EMPLOYER.
THIS GOES AGAIN TO WHEN YOU GO THROUGH THE ORDINANCE THAT IT, IT ENCOURAGES RESOLUTION BETWEEN THE EMPLOYER AND THE EMPLOYEE AS OFTEN AS POSSIBLE.
AND SECTION 15, 2 81, THE PROPOSED REVISION IS THAT THE ARTICLE SHOULD BECOME EFFECTIVE ON DECEMBER 1ST, 2019 CONSISTENT, UH, WITH THE CURRENT, UH, LEGAL STATUS.
I WILL STOP NOW TO SEE IF ANY OF YOU HAVE ANY QUESTIONS OR CONCERNS THAT YOU WOULD LIKE ADDRESSED AT THIS TIME BEFORE, I THINK WE'RE GONNA GO TO LAURA'S PART, AND THEN WE'RE GONNA DO QUESTIONS ALL AT THE END.
THAT ALL RIGHT? THAT IS PERFECTLY FINE.
ANYTHING ELSE YOU WANNA SAY? NOPE.
RIGHT NEXT, LAURA MAYS IS GOING TO WALK YOU VERY QUICKLY THROUGH THE PUBLIC ENGAGEMENT PROCESS FOR PAID SICK LEAVE.
UM, FIRST OFF, THE WHOLE PURPOSE OF THIS PUBLIC ENGAGEMENT EFFORT IS REALLY TO GATHER ENOUGH INPUT FROM BOTH EMPLOYEES AND EMPLOYERS ABOUT WHAT PAID SICK LEAVE WOULD MEAN FOR THEM IF THEY HAD IT OR IF THEY DID NOT HAVE IT.
UM, SO WE'VE DEPLOYED A FEW TACTICS TO MAKE SURE THAT WE GET THAT INFORMATION TO YOU AHEAD OF YOUR FINAL VOTE ON THESE PROPOSED CHANGES.
TO THAT EFFECT, ALL OF OUR OUTREACH ACTIVITIES DO FOLLOW THE CITY'S PUBLIC PARTICIPATION ADMINISTRATIVE DIRECTIVE, UM, THAT INCLUDES EFFORTS TO MAKE SURE THAT WE REACH PEOPLE IN AREAS IN WHICH THE, THEY, THEY'RE MOST CONVENIENT TO THEM.
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INFORMATION ABOUT THE MEETING AND THE SURVEY THAT'S AVAILABLE TO YOUR COUNCIL OFFICES, TO ALL OF OUR CITY DEPARTMENTS, TO THE NONPROFIT COUNCIL, THE SAN ANTONIO HOUSING AUTHORITY TO PLACE IN THEIR KIOSKS AND DISPLAYS THAT ARE IN THEIR VARIOUS UNITS, CHAMBERS OF COMMERCE, AND OTHER STAKEHOLDER GROUPS.ADDITIONALLY, YOU'VE LIKELY SEEN THIS ON SOCIAL MEDIA, WHETHER BY IT THROUGH ADVERTISING OR JUST POSTS ON VARIOUS DEPARTMENT PAGES.
UM, AND OF COURSE, WE'VE BEEN WORKING WITH OUR TRADITIONAL MEDIA PARTNERS TO SPREAD THE WORD ABOUT THE INFORMATION THAT'S AVAILABLE.
A SURVEY IS ONLINE@SASPEAKUP.COM.
WE'VE MADE THAT INFORMATION ALSO AVAILABLE AT CITY FACILITIES, WHICH INCLUDE LIBRARIES, SENIOR CENTERS, AND COMMUNITY CENTERS.
WE'VE ADDED A NEW FEATURE THIS YEAR WHERE YOU CAN TEXT SA SPEAKUP TO 5 5 0 0 0, AND WE'LL IMMEDIATELY SEND YOU A LINK TO THE SURVEY SO THAT YOU CAN SHARE YOUR THOUGHTS ABOUT THE PAID SICK LEAVE, UH, PROPOSED CHANGES.
WE'LL HAVE TWO PUBLIC MEETINGS NEXT WEEK, THE FIRST BEING ON SEPTEMBER 23RD AT THE TRIPOINT EVENT CENTER, THE SECOND AT PROGRESSO HALL, WHICH IS AT THE GUADALUPE CULTURAL ARTS CENTER.
UM, THESE MEETINGS WILL INCLUDE LIVE SPANISH AND A S L INTERPRETATION.
THE TRIPOINT EVENT CENTER WILL MEETING WILL ALSO BE LIVE STREAMED, ONT V SS A AND THE CITY'S FACEBOOK PAGE.
SO FOR ANYONE WHO CAN'T ATTEND ONE OF THESE MEETINGS, WE DO ALSO HAVE THAT ONLINE.
AND ONE NEW FEATURE IS A LIVE AUDIENCE POLLING SYSTEM THAT WE'LL BE DEPLOYING.
I'M GONNA ASK OUR AV TEAM TO ACTUALLY PULL UP A POLL.
AND COUNSEL, IF YOU'LL GET YOUR PHONES OUT, I'D LOVE FOR YOU TO JOIN ME IN TAKING A QUICK POLL.
YOU DON'T HAVE TO VOTE ON THE ORDINANCE YET.
YOU MIGHT RECOGNIZE THIS SERVICE FROM THE BANDERA CORRIDOR ROAD MEETING THAT YOU HOSTED.
ONCE YOU GET TO THAT WEBSITE, YOU'LL GO AHEAD AND ENTER THE CODE 2 6 1 0 5 8, AND WE'LL WAIT A COUPLE OF MINUTES FOR EVERYONE TO GET READY.
SO YOU'LL GO TO M E N T I.COM AND YOU'LL ENTER THE CODE 2 6 1 0 5 8, AND THAT'LL JOIN YOU INTO OUR MEETING THAT'S GOING ON RIGHT NOW.
UM, SO IF AV COULD GO AHEAD AND TURN THAT TO THE NEXT SLIDE ON THAT POLL.
SO WE'VE ASKED OF THE FOLLOWING CHOICES, WHAT'S YOUR FAVORITE BREAKFAST TACO? AND I HOPE THE MEDIA WILL BE REPORTING THIS.
SO WE'VE GOT SOME, SOME GOOD CHOICES HERE.
CHO AND EGG BEAN AND CHEESE IS MY PERSONAL FAVORITE.
AND YOU CAN SEE IN THAT BOTTOM CORNER, THERE ARE 19, 20 PEOPLE NOW VOTING 21.
SO THOSE RESULTS WILL ACTUALLY LIVE POPULATE THROUGHOUT THE MEETING SO THAT AS WE'RE GOING THROUGH PROPOSED CHANGES OR ASKING FEEDBACK FROM THOSE WHO ATTENDED OR ARE WATCHING AT HOME, THEY'LL GET TO PARTICIPATE LIVE IN THE POLL.
ALL RIGHT, WE CAN TAKE IT BACK TO OUR SLIDES.
ALRIGHT, SO WAIT, WHAT WAS THE BEST? TACO? BACON.
UM, ALL RIGHT, SO THAT CONCLUDES THE OFFICIAL PRESENTATION PORTION OF, UM, THE ORDINANCE.
AND WE ARE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
I NOW TURN IT OVER TO YOU, MR. MAYOR.
UM, I FIRST WANT TO, UH, THANK THE WORK OF THE PAID SICK LEAVE COMMISSION.
I KNOW THERE ARE MANY MEMBERS HERE, SO THANK YOU VERY MUCH FOR GIVING YOUR TIME OVER THE LAST SEVERAL MONTHS, UH, TO WORK THROUGH THIS ORDINANCE AND PROPOSED RECOMMENDATIONS.
UH, I ALSO WANT TO THANK OUR CITY STAFF, UH, DR.
BRIDGER, UH, OUR CITY ATTORNEY'S OFFICE AS WELL, UH, FOR THE WORK THAT THEY'VE DONE, UH, TO GET US TO THIS POINT.
I DON'T THINK WE NEED TO REHASH TOO MUCH, UH, HOW WE GOT TO THIS POINT.
UH, BUT DO NEED TO TALK A LITTLE BIT ABOUT WHERE WE'RE GOING FROM HERE, UH, MOSTLY FOR THE BENEFIT OF MY COLLEAGUES.
SO TODAY IS OUR SCHEDULED WORK SESSION TO GO THROUGH THE RECOMMENDATIONS OF THE PAID SICK LEAVE COMMISSION, WHO HAVE MADE RECOMMENDATIONS ON HOW WE CAN, UH, ADJUST, UH, IMPROVE REVISE, UH, THE ORDINANCE THAT IS ALREADY ON THE BOOKS FOR THE CITY OF SAN ANTONIO THAT IS SET TO GO INTO EFFECT ON DECEMBER 1ST.
UM, WE NEED TO HEAR YOUR THOUGHTS AND OPINIONS ON THE PROPOSED RECOMMENDATIONS, UH, KNOWING THAT WE DO HAVE A ORDINANCE ALREADY IN PLACE.
UH, BUT IT'S VERY IMPORTANT BECAUSE THE NEXT TIME WE, UH, VISIT AS A BODY, IT'LL BE ON OCTOBER 3RD.
AT THAT POINT, THE CITY, UH, THE CITY MANAGEMENT IS GOING TO PRESENT US, UH, THE CONSENSUS ON WHERE WE THINK THE DOCUMENT, THE ORDINANCE SHOULD BE.
AT THAT POINT, WE'LL GET A CHANCE TO, UH, VOTE, UH, ON ANY REVISIONS TO THE ORDINANCE THAT THIS BODY BELIEVES IS IN THE BEST INTEREST OF THE COMMUNITY.
SO, JUST AGAIN, TO BE CLEAR, WE NEED TO HEAR YOUR CLEAR THOUGHTS ON THE RECOMMENDATIONS THAT HAVE BEEN PRESENTED.
UH, AND SO I'LL, I'LL GO AHEAD AND START WITH MY OWN COMMENTS ON THAT.
UM, AND FIRST OF ALL, AGAIN, UH, THANKING THE WORK OF EVERYONE WHO'S BEEN INVOLVED IN THIS.
THE WORK BY THIS COMMISSION WAS DONE THROUGH
[00:30:01]
A PUBLIC HEALTH LENS, AND I BELIEVE THAT THE COMMISSION'S PROCESS HAS YIELDED A, A RESOUNDING AFFIRMATION OF THE PETITIONER'S ORIGINAL INTENT.IT SHOULD BE, UH, NOTED THOUGH THAT THE PETITION, UH, WAS PRESENTED TO US, UM, OR EXCUSE ME, THE ORDINANCE WAS PRESENTED TO US BY PETITION, UH, SEVERAL MONTHS AGO.
AND SO I FORMED THE AD HOC COMMITTEE, UH, AND AGAIN, THANK YOU TO CHAIRMAN, UH, MANNY ELAS AND OUR COLLEAGUES ON THAT COMMITTEE, UH, FOR WORKING TO FORM A COMMISSION THAT WAS BALANCED, TO PROVIDE ALL THE PERSPECTIVES, UH, THAT WE THINK WILL PROVIDE FOR A, A, UH, STRONGER ORDINANCE.
I'M PLEASED THAT THE OVERALL RECOMMENDATIONS WOULD PROVIDE FOR SICK AND SAFE LEAVE FOR ALL FULL-TIME SAN ANTONIO WORKING FAMILIES.
AND I'M FULLY SUPPORTIVE OF THE RECOMMENDATION TO DEFINE THIS ORDINANCE AS THE SICK AND SAFE LEAVE ORDINANCE TO ACCOUNT FOR WORKERS WHO MAY NEED TIME TO REMOVE THEMSELVES FROM DANGEROUS SITUATIONS AND OR DOMESTIC VIOLENCE CIRCUMSTANCES AT HOME.
AND YOU MIGHT NOTE THAT OUR FY 2020 BUDGET WILL ACCOUNT FOR ADDITIONAL SPENDING TO COMBAT DOMESTIC VIOLENCE.
SO IT MAKES SENSE THAT THE ORDINANCE MOVES IN THAT DIRECTION AS WELL.
SO I'M GRATEFUL FOR THAT GROWTH IN THE LANGUAGE.
THE COUNCIL AD HOC COMMITTEE SPENT CONSIDERABLE AMOUNT OF TIME REVIEWING THIS ORDINANCE.
AND, AND AGAIN, THANK YOU TO ALL THOSE FOLKS WHO ARE INVOLVED IN THESE CONVERSATIONS.
I KNOW THAT THEY WEREN'T EASY, UM, BUT I DO WANT, UH, TO CONSIDER SOME TWEAKS TO THE RECOMMENDATIONS OVERALL.
UH, I'M VERY PLEASED WITH THE RECOMMENDATIONS BEING BROUGHT FORWARD, BUT I DID WANT TO MAKE, UH, SOME NOTES ON A COUPLE OF THINGS THAT HAVE COME UP IN CONVERSATION WITH, UH, FOLKS THAT WOULD BE AFFECTED.
THERE WAS A CONVERSATION, UH, AND VOTE TO CHANGE THE ELIGIBILITY PERIOD.
BRIDGET, COULD YOU COME FORWARD AND, AND KIND OF DISCUSS THAT ONE AGAIN? HOW HAS THE ELIGIBILITY PERIOD OF THE ORDINANCE CHANGED IN TERMS OF THE, THE RAMP UP? DANIELLE KNOWS MS. HARGROVE, UH, DO WE WANNA LOOK AT A PARTICULAR PROVISION? WHICH ONE IS THAT? UM, SO IT'S THE PROBATIONARY PERIOD.
WHAT, WHAT SLIDE IS IT? 24, PAGE FIVE OF THAT DOCUMENT.
SO WE TALKED EARLIER ABOUT THE ELIGIBILITY PERIOD, UH, IN OUR BEST PRACTICES AND RESEARCH.
WE LEARNED THAT THERE WERE EMPLOYERS OUT THERE WHO HAD, UH, 180 DAYS CURRENTLY WHERE THEY, UH, HAVE 180 DAY ELIGIBILITY PERIOD, UH, TO WAIT TO TAKE ON BENEFITS.
SO THERE WAS JUST, UH, A CONSENSUS AMONG THE COMMISSION TO ALLOW THOSE TO CONTINUE, BUT TO, UH, DO THE 90 DAYS.
I UNDERSTAND THAT THERE'S BEEN A MOVE AFOOT TO MAKE THEM ALL 90 TO NOT GRANDFATHER THOSE IN.
AND I DON'T KNOW THAT THERE'S ANY, UM, RATIONALE, UH, THAT WOULDN'T DO THAT OR WHY THAT, WHAT WOULD NOT SUPPORT THAT, BUT OKAY.
WHAT WAS THE ORIGINAL LANGUAGE? UM, WE HAVE THE SIDE BY SIDE WE CAN PUT UP ON THE SCREEN.
DO WE HAVE THE SIDE BY SIDE? NO.
YEAH, I'M NOT SURE ABOUT THIS.
WELL, I'M IN AGREEMENT WITH, UM, FOLKS THAT THINK WE NEED TO BE A LITTLE BIT CLOSER TO THE ORIGINAL INTENT OF THE PETITION.
AGAIN, UH, PART OF OUR CHARGE HERE IS TO MAKE SURE THAT WE'RE LIVING UP TO THE PETITIONER'S REQUEST.
AND SO I WOULD, I WOULD RECOMMEND, UM, ERIC, THAT WE CHANGE BACK TO THE 90 DAYS.
UM, I THINK THAT CON THAT WAS A COMPROMISE DISCUSSED AT THE COMMISSION, UM, BETWEEN THE ORIGINAL LANGUAGE AS WELL AS THE, UM, PROPOSED RECOMMENDATION FROM THE COMMISSION.
I WOULD LIKE US TO SEE, UM, THE ELIGIBILITY PERIOD CHANGE TO 90 DAYS.
IS THAT ON THE SCREEN? THE ORIGINAL PETITION WAS 60 DAYS, I BELIEVE, RIGHT? MM-HMM.
YEAH, I'M IN, I'M IN FAVOR OF THAT CHANGE.
UM, THE SECOND ONE THAT I'D LIKE TO BRING UP IS, IS THE COMPLAINT PERIOD.
AND I KNOW THE ORIGINAL LANGUAGE OF THE PETITION HAD A COMPLAINT PERIOD OF TWO YEARS.
UM, WHAT WAS THE DISCUSSION TO BRING IT TO 60 DAYS? SO THAT WAS A QUITE, UH, AN EXTENSIVE CONVERSATION.
THE TWO YEARS TIES IN WITH A TYPICAL TWO YEAR STATUTE OF LIMITATIONS.
THE DISCUSSION THAT WE HAD IN THE COMMISSION WAS THAT THE IDEA WAS TO GET FOLKS
[00:35:01]
THEIR PAID SICK LEAVE SOONER THAN LATER.AND SO THE IDEA WAS THAT, UH, ANYONE WHO DID NOT GET THEIR LEAVE WHEN THEY NEEDED IT, OR, UH, THEY NEEDED TO FILE THOSE COMPLAINTS SOONER THAN LATER, IT WAS DI IT'S GONNA BE DIFFICULT TO ENFORCE A POLICY THAT, UH, WHEN YOU, THE LONGER YOU EXTEND THE TIME FOR PEOPLE TO FILE A COMPLAINT.
SO THE IDEA HERE WAS THAT IF IT'S A MUCH MORE CHRONIC ISSUE, UH, THAT THE COMPLAINTS WILL BE FILED SOONER, AND WE WANTED TO PUT THE BURDEN ON THEM.
THE OTHER THING IS THAT THE, UH, METRO HEALTH, UH, IS NOT MEANT TO BAR THESE KINDS OF CLAIMS. SO THE QUESTION CAME UP OF, WELL, LET'S SAY THEY, THEY, UH, FILE A COMPLAINT ON THE 65TH DAY.
THE ISSUE IS NOT TO BAR PEOPLE FROM FILING THE COMPLAINT, BUT TO GET THEM IN AS SOON AS POSSIBLE.
WHEN YOU HAVE A LONG PERIOD OF TIME OF WHICH SOMEONE CAN FILE THAT COMPLAINT, IT MAKES IT DIFFICULT TO ENFORCE IT.
UH, AND IT KIND OF LEADS A QUESTION AS TO WHETHER THE VIABILITY OF THE CLAIM ITSELF, IF THEY'VE WAITED TWO YEARS TO TRY TO GET SICK LEAVE.
THERE'S A QUESTION OF THE, THE VIABILITY OF THAT CLAIM FOR SICK LEAVE.
THAT WAS THE THOUGHT PROCESS BEHIND IT.
NO, I APPRECIATE THAT MS. HARGROVE AND I KNOW THAT, UM, IT WAS CONSIDERED, UH, AND SO I KNOW THE RECOMMENDATION, UH, COMPROMISE RECOMMENDATION WAS NOW ONE YEAR.
I MEAN, I THINK THAT THE PAID SICK LEAVE ORDINANCE IS GOING TO MOST BENEFIT, UH, OUR MOST VULNERABLE EMPLOYEES.
AND THE ONE YEAR PERIOD ALLOWS FOR THE ACCRUAL BENEFIT PERIOD, UH, TO BE, UH, COMPLETED BEFORE THERE'S A COMPLAINT.
AND SO I WOULD RECOMMEND THAT WE CHANGE, UH, NOT BACK TO THE A HUNDRED AND, EXCUSE ME, THE TWO YEAR PERIOD, BUT CHANGE THAT TO A FINE MIDDLE GROUND AT, AT, AT ONE YEAR.
AND THEN FINALLY, THERE WAS SOME, UM, LANGUAGE ORIGINALLY IN THE ORDINANCE, UM, THAT PERTAINED TO, UM, CARVE OUTS THAT DISCUSSES EMPLOYER EMPLOYEE CONTRACTS THAT ARE PREEMPTED BY STATE AND FEDERAL LAW COLLECTIVE BARGAINING AGREEMENTS BEING ONE OF THEM.
UM, I HAD SEVERAL CONVERSATIONS WITH CITY ATTORNEY, UH, AND OTHERS ABOUT THAT.
UM, I WOULD PREFER TO SEE US PUT THAT LANGUAGE BACK IN.
I KNOW THERE WAS REVISED LANGUAGE OFFERED BY THE CITY ATTORNEY AS WELL.
UH, THAT ENSURES THAT WE DON'T, UH, HAVE ANY, UH, UNINTENDED LEGAL CONSEQUENCES AND PROVIDING FOR, FOR THAT.
BUT I WOULD LIKE TO HAVE THAT BACK IN.
UH, THAT, THAT AGAIN COVERS THE STATE.
CAN YOU PUT THAT ON THE SCREEN? THE, UH, ORIGINAL LANGUAGE AND THEN THE REVISED PROPOSAL? MAYOR, DO YOU HAVE YOUR SECTION THAT YOU'RE REFERRING TO? UM, YEAH, IT WAS, UM, I BELIEVE 15 2 72, UM, SECTION FIVE, PAGE THREE OF THE PROPOSED REVISIONS.
IT'S THE FIRST SECTION OF YOUR BOOK, 2 72 15 2 72 SUBSECTION FIVE.
AND OUR CITY ATTORNEY PROVIDED SOME REVISED LANGUAGE FOR THAT SUBSECTION.
IS THAT CORRECT? GOOD AFTERNOON, MAYOR COUNSEL.
SO THERE IS ACTUALLY INTERMEDIATE LANGUAGE BETWEEN WHAT'S THERE, RIGHT? AND SO YOU DON'T ACTUALLY HAVE WHAT OUR OFFICE RECOMMENDED ON THOSE SIDE BY SIDE, RIGHT? YEAH.
WHAT, WHAT I, COULD YOU PUT YOUR, YOUR OFFICE LANGUAGE UP THERE OR, OR READ IT TO US? I'LL, I'LL READ YOU THE LANGUAGE.
SO THE LANGUAGE THAT WAS RECOMMENDED BY THE CITY ATTORNEY'S OFFICE IS A WRITTEN CONTRACT MADE PURSUANT TO TITLE 29, SECTION 1 58 D OF THE UNITED STATES CODE, OR OTHER STATE OR FEDERAL LAW THAT PROVIDES FOR COLLECTIVE BARGAINING BETWEEN AN EMPLOYER AND A LABOR ORGANIZATION REPRESENTING EMPLOYEES SHALL DETERMINE THE BENEFITS PROVIDED TO THE EMPLOYEES SHALL NOT BE SUBJECT TO THIS ORDINANCE.
AND THAT IS, THAT IS THE REVISED LANGUAGE THAT, UM, EXECUTES WHAT WAS MEANT IN SUBSECTION FIVE, BUT ALSO CLEARS, UH, CLEARS US FROM A LEGAL CONCERN THAT YOU HAD.
IT, IT, IT PROVIDES SOME ADDITIONAL LEGAL PROTECTION.
THAT'S WHAT I WOULD RECOMMEND, UH, THAT WE ADD BACK INTO THE LANGUAGE, UM, UNDER THAT SUBSECTION.
THAT'S, THAT'S REALLY ALL I, I HAD TO OFFER ON, UH, REVISIONS TO THE, TO THE PROPOSED RECOMMENDATIONS.
MS. HARGROVE DID A FANTASTIC JOB.
I KNOW WE'VE PUT YOU IN SOME PRETTY TOUGH SITUATIONS TO MEDIATE, UH, AND YOU'VE DONE A GREAT JOB.
SO THANK YOU VERY MUCH TO YOUR SERVICE
[00:40:01]
FOR YOUR SERVICE.UM, MY CLOSING, I, I WOULD JUST LIKE TO SAY I'VE HAD CONVERSATIONS OBVIOUSLY FOR MANY, MANY MONTHS ABOUT, UH, PAID SICK LEAVE.
UM, AND I WON'T SAY IT ALL, BUT I WILL SAY THAT I'VE HAD A NUMBER OF CONVERSATIONS WITH THOSE WHO OWN BUSINESSES, UH, LARGE AND SMALL, AND, AND ALMOST TO A PERSON.
PEOPLE AGREE THAT, UH, SICK AND SAFE LEAVE IS EXTREMELY IMPORTANT.
IT'S OF A BENEFIT TO FAMILIES AND EVEN TO BUSINESSES AND OBVIOUSLY TO THE COMMUNITY.
UH, WHAT WAS AT ODDS WAS THE JURISDICTION AND SHOULD THE CITY BE THE ONE, UM, I THINK THAT MATTER WAS SETTLED WHEN THE STATE, UH, DECIDED IT WASN'T GOING TO WEIGH INTO IT.
AND SO WE ENTERED INTO THIS PROCESS, UH, THE PAID SICK LEAVE COMMISSION PROCESS IN GOOD FAITH.
I THINK THE PARTIES ON THE OTHER SIDE OF THE TABLE, UH, OF THIS ISSUE HAVE ENTERED INTO GOOD FAITH.
UH, SO I'M PLEASED WITH THE WORK OF THE COMMISSION, THE RECOMMENDATIONS THAT WERE MADE TO STRENGTHEN THE ORDINANCE, KEEP IT IN THE INTENT OF THE PETITIONER'S REQUEST, BUT ALSO TO ADDRESS THE LEGAL CONCERNS THAT WERE BROUGHT FORWARD BY THE PLAINTIFF.
AND, UM, I EXPECT THAT, UM, THIS WILL BE A GOOD DAY THAT WE SHOWED, WE FOUND COMMON GROUND ON AN ORDINANCE THAT MAKES SAN ANTONIO A MUCH BETTER PLACE FOR EMPLOYERS, EMPLOYEES, AND OUR COMMUNITY AT LARGE.
UM, JUST SOME QUESTIONS OF CLARIFICATION ON THE ACTUAL, UH, POWERPOINT PRESENTATION.
AND THIS IS, IF YOU CAN HELP ME WITH THIS.
I, I THINK I NEED SOME CLARIFICATION ON, UM, I THINK IT'S SLIDE WHAT IT IS.
UM, EMPLOYEE REVISIONS 15 2 69.
UM, JUST TO BE CLEAR, DOES THIS ALSO INCLUDE CONTRACT LABOR THAT WE AT, WITH THE CITY HAVE? WOULD THIS BE APPLICABLE TO CONTRACT LABOR? SO THE PAID SICK LEAVE, UH, THE SICK AND SAFE LEAVE, IT ONLY APPLIES TO THE EMPLOYER OF THE CONTRACT.
SO, FOR EXAMPLE, IF THEY COME THROUGH A TEMP AGENCY, THE TEMP AGENCY IS RESPONSIBLE, UH, FOR THAT PARTICULAR EMPLOYEE FOR COUNTING THEIR DAYS AND ACCRUING THOSE DAYS FOR PAID SICK LEAVE.
WHO THE CON, WHO THE, IF, IF THEY GO THE TEMPORARY AGENCY SENDS SOMEONE TO A COMPANY, THAT COMPANY IS NOT RESPONSIBLE FOR PAYING PAID SICK LEAVE FOR A CONTRACT EMPLOYEE.
THANK YOU FOR THAT CLARIFICATION.
AND ONE MORE, I, I THINK I NEED, UM, CLARIFICATION 'CAUSE I KNOW WE HAVE ELIMINATED THE, THE DEFINITION OR THE DESCRIPTION OF MEDIUM AND LARGE, BUT WE STILL HAVE ON SLIDE NUMBER 23, WE STILL HAVE TERMS TERMINOLOGY OF FULL-TIME EMPLOYEES.
SO THAT MEANS STILL, UM, THE YEARLY BASELINE AMOUNT FOR SICK AND SAFELY FOR FULL-TIME EMPLOYEES.
SO ARE WE DIFFERENTIATING STILL FULL-TIME AND PART-TIME EMPLOYEES? OR IT'S JUST ANYBODY WHO MAKES THE 56 HOURS? UH, WHERE IS IT? I THINK THE INTENT WAS THAT IT WAS TO APPLY TO BOTH FULL-TIME AND PART-TIME.
UM, THE REFERENCE TO FULL-TIME EMPLOYEES, SARAH, IS THAT IF YOU ARE A FULL-TIME EMPLOYEE, YOU KNOW THAT YOU'LL HAVE THE 56 HOURS, YOU'LL MAKE HAVE ENOUGH HOURS TO ACCUMULATE AND ACCRUE THAT NUMBER.
IF YOU'RE A PART-TIME EMPLOYEE, YOU ACCRUE AT A RATE OF ONE HOUR FOR EVERY 30 HOURS WORK.
SO IF YOU WORK A A, A VERY SMALL AMOUNT OF TIME, YOU WILL NEVER ACCRUE UP TO THE 56 HOURS.
SO THAT'S WHY THE 56 HOURS IS SPECIFICALLY DELINEATED FOR FULL-TIME, UH, PART-TIME EMPLOYEES MAY ACTUALLY ACCRUE LESS THAN 56.
THANK YOU FOR THAT CLARIFICATION, BECAUSE IT'S, IT'S NOT, UM, IT'S OUT OF, IT'S A LITTLE OUT OF CONTEXT FOR ME RIGHT HERE.
SO THANK YOU FOR THAT CLARIFICATION.
UM, THOSE ARE ALL THE QUESTIONS I HAVE RIGHT NOW.
COUNCIL MEMBER VIRON, COUNCIL MEMBER ELAS.
ONE, DANIELLE, YOU, YOU USED THE WORDS NEUTRAL VOICE, AND I, I THINK THAT WE NEED TO SPEND A LITTLE TIME UNDERSTANDING WHY I APPOINTED YOU TO BE THE CHAIRWOMAN OF THIS, UH, COMMITTEE AND WHAT NEUTRAL VOICE MEANS.
AND SO, FOR THE BENEFIT OF ALL MY COUNCIL MEMBERS AND EVERYBODY IN THE ROOM, DANIELLE IS A, IS A NATIONALLY TRUSTED NEUTRAL.
UM, AND BY THAT I MEAN, SHE'S A MEDIATOR AND AN ARBITRATOR.
PEOPLE BRING HER, THEIR DISPUTES TO HER.
HER JOB IS TO HELP PEOPLE WHO ARE IN DISPUTES GET TO A FINAL RESOLUTION.
UM, THAT'S HOW SHE FEEDS HER CHILDREN.
THAT'S HOW SHE SENT HER DAUGHTER TO STANFORD.
AND, UM, THAT IS, UM, ONE OF THE REASONS PEOPLE HIRE HER ALL OVER THIS COUNTRY TO DO THAT.
SHE, I ALSO HIRE, I APPOINTED HER TO DO THIS BECAUSE SHE'S AN EXPERT IN, UH, WAGE AND HOUR AND EMPLOYMENT MATTERS AND EVEN LABOR MATTERS.
AND SO BECAUSE THIS REQUIRED SOMEBODY WITH A DEAF HAND IN NEUTRALITY AND MANAGING, UH, YOU KNOW, DIVERGENT VIEWPOINTS, AND AT THE SAME TIME IT HA IT WAS SO HEAVILY FOCUSED ON WAGE AND HOUR LAW
[00:45:01]
AND, YOU KNOW, UH, EMPLOYMENT WITH LAW AND, UH, LABOR LAW, I THOUGHT THAT DANIELLE WAS PERFECT.AND SO, DANIELLE, THAT NEUTRAL VOICE, UM, MEANS THAT AT TIMES YOU FRUSTRATED GROUP, YOU KNOW, PEOPLE ON ONE SIDE OF AN ARGUMENT VERSUS ANOTHER, UM, AND YOU SHEPHERDED THEM TOWARDS WHAT IS AN IMPERFECT, UM, YOU KNOW, UH, AGREEMENT.
BOTH, I, I'VE TALKED TO PEOPLE FROM BOTH SIDES OF THE, YOU KNOW, THE PRO PAID SICK LEAVE PEOPLE AND THE PEOPLE WHO WANTED PAID SICK LEAVE LIGHT, RIGHT? UM, AND BOTH OF THEM ARE A LITTLE UNHAPPY WITH THE RESULTS, AND I'LL, I THINK YOU'D AGREE WITH IT.
USUALLY THAT MEANS THAT THEY'VE GOT A PRETTY GOOD RESOLUTION IN FRONT OF THEM, RIGHT? RIGHT.
UM, THE SECOND THING I WANTED TO POINT OUT IS I, I, I DID GET A CALL FROM SOME EMPLOYERS WHO SAID, WHOA, WHOA, WAIT A SECOND.
UM, AND THIS DOESN'T, YOU KNOW, AND RIGHT NOW WE, UH, OUR INTERNS, UM, WE PAY THEM, UM, AND WE'VE GOT THESE SUMMER PROGRAMS. UH, SO I'LL TELL YOU, HUGE COMPANIES LIKE H B ZACHARY, LOCAL LAW FIRMS, HOSPITALS, DOCTORS GROUPS, NONPROFITS, THEY'VE GOT THESE PROGRAMS WHERE THEY BRING INTERNS IN AND THEY PAY THEM STIPENDS, RIGHT? SO IT'S NOT, THEY'RE NOT SALARIES, THEY'RE STIPENDS.
UM, AND THOSE STIPENDS ARE MEANT FOR THEM TO HAVE SPENDING MONEY WHILE THEY'RE HERE IN SAN ANTONIO.
UH, AND THIS IS VERY COMMON IN ALL BIG CITIES UNDER THIS ORDINANCE.
IF THEY DIDN'T RECEIVE THE STIPEND, NONE OF THIS WOULD APPLY TO AN INTERNSHIP PROGRAM.
BUT I'M NOTICING THAT UNDER THE DEFINITION OF EMPLOYEE, IT SAYS EMPLOYEE DOES NOT MEAN AN UNPAID INTERN.
SO JUST TO MAKE SURE, JUST PAYING THEM THE STIPEND NOW OBLIGATES THE EMPLOYER TO ACTIVATE THEIR OBLIGATIONS UNDER THIS ORDINANCE.
I'M GONNA DEFER TO LEGAL ON THAT.
BUT I WILL SAY, BASED UPON THE DISCUSSIONS THAT WE HAD, THE ISSUE, WHEN WE KEEP OUR FOCUS ON THE PUBLIC HEALTH LENS, UH, THE, THE ISSUE IS WHEN WE HAVE PEOPLE WORKING POTENTIALLY UP TO 30 HOURS, AND I DON'T EVEN KNOW IF THEY WOULD EVEN MEET THE REQUIREMENT IN TERMS OF HOURS, BUT THE ISSUE IS, DO WE WANT PEOPLE COMING TO WORK SICK? I TOTALLY GET THAT.
SO THE QUESTION IS, FOR ED, ED DURING A SUMMER INTERNSHIP PROGRAM, IF THEY BLOW PAST THE 80 HOURS AND THEY RECEIVE A AMOUNT OF STIPEND THAT TRIGGERS THE OBLIGATIONS UNDER THE ORDINANCE, IF THEY ARE PAID FOR WORK, THEN YES, IT, IT DOES APPLY TO THEM.
THE EXCLUSION SPECIFICALLY, UH, ADDRESSES UNPAID INTERNS.
SO A PAID INTERN WOULD FALL UNDER THE ORDINANCE THE WAY IT'S CURRENTLY WRITTEN.
UM, SO THAT'S IMPORTANT TO ME BECAUSE, UM, WE DO HAVE A LOT OF THESE NONPROFITS WHO BRING IN INTERNS AND, UH, PAY THEM STIPENDS, NOT WAGES.
AND THERE'S A DIFFERENCE POINT I WAS ABOUT TO DISTINCTION I WOULD MAKE IN, IN TERMS OF IF THEY'RE NOT BEING PAID WAGES, BUT THEY'RE BEING PAID SO THAT THEY CAN PAY FOR THEIR LODGING OR THEIR, THEIR ROOM AND BOARD.
UH, ARGUABLY THERE'S, THAT'S A DIFFERENT SCENARIO.
AND I WOULD AGREE WITH YOU IF IT SAID THAT DANIELLE, AND IT DOESN'T, RIGHT? ALL IT SAYS IS THAT EMPLOYEE DOES NOT MEAN AN UNPAID INTERN, WHICH MEANS THEN IF YOU PAY THEM, I MEAN, THAT'S THE ARGUMENT I'D MAKE IF I REPRESENTED ONE OF THESE KIDS, RIGHT? AND THAT IS, HEY, YOU PAID FOR SOME OF THEIR PARKING, SOME OF THEIR LUNCH AND LET YOU KNOW, HELP THEM FIND A CHEAP APARTMENT THAT IS PAY.
THEREFORE, YOU ARE, YOU OWE THE CITY 500 BUCKS A DAY FOR NOT HAVING POSTED THE SIGN IN YOUR LUNCHROOM.
I MEAN, THAT'S REALLY WHAT WE'RE TALKING ABOUT, RIGHT, ED? OKAY.
SO I I WANTED TO POINT OUT THAT I STILL THINK THAT THERE'S SOME PLACES WHERE WE COULD TWEAK, RIGHT? AND THAT'S THE ONLY REASON I'M FOCUSING ON THAT.
INTERNSHIPS ARE A REALLY BIG DEAL.
WE, YOU KNOW, WE'VE GOT THIS PROGRAM NOW WHERE WE SIGN UP, UM, YOU KNOW, BIG COMPANIES TO COME TO SAN ANTONIO NAVISTAR, YOU KNOW, UH, BOOZ ALLEN, UM, UH, WELL, YOU, YOU KNOW, ALL THE OTHER ONES, UH, ERNST AND YOUNG DELOITTE, ALL OF THEM CAME WITH ECONOMIC DEVELOPMENT, UH, AGREEMENTS THAT THEY HAD TO PROVIDE INTERNSHIPS.
AND ONE OF THE THINGS THAT I FEAR IS THAT THEY'RE, THEY ALSO HAD TO SIGN A CONTRACT THAT SAID THAT THEY'RE GONNA HAVE TO, YOU KNOW, UH, ADHERE TO ALL OF OUR ORDINANCES.
AND WHAT I'M FEARING IS THAT WE'RE JUST MAKING IT REALLY EASY FOR THESE GUYS TO SAY, I MAKE YOU AN INTERNSHIP AND THE ONLY BENEFIT YOU'RE GETTING OUT OF IT IS GONNA BE A FAT RESUME, UH, EXPERIENCE.
AS OPPOSED TO, YOU KNOW, THE STIPEND THAT BY TAKING THE PAY AWAY, BY TAKING THE PAY AWAY, RIGHT? AND SO I, I DON'T WANT THAT TO HAPPEN, IS WHAT I'M SAYING.
RIGHT? UM, SO THE OTHER THING IS, UM, AND I KNOW THIS SOUNDS SILLY, BUT YOU KNOW, THESE HYPOTHETICALS HELP ME WORK THROUGH THIS.
UM, AND, YOU KNOW, ON, ON A THEORETICAL BASE, AND SO ED, HERE'S MY HYPOTHETICAL, WHEREVER IT IS, UM, AND THIS IS NOT HYPOTHETICAL, WE'VE GOT TRAVELING GROUPS THAT COME THROUGH HERE ALL THE TIME.
SO MONSTER JAM, YOU KNOW, CONCERT ROADIES FINAL FOUR, UH, YOU KNOW, P S A V IS OUR AUDIO VISUAL, UM, YOU KNOW, CONTRACTOR, BUT THEY BRING IN A WHOLE BUNCH OF CREWS DEPENDING
[00:50:01]
ON THE SIZE OF THE EVENTS, THE BROADWAY SERIES, UM, NONE OF THOSE PEOPLE HAVE OFFICES HERE.RIGHT? AND SO I WAS LOOKING AT THE ORDINANCE, UM, AND ASSUMING THAT ALL THESE PEOPLE DO SIGN A CONTRACT THAT SAYS IN ORDER TO USE THE CITY FACILITIES, WHICH THEY DO, THEY MUST AGREE TO COMPLY WITH FEDERAL, STATE AND LOCAL LAW, WHICH WE KNOW THAT THEY SIGNED THAT CONTRACT.
IF THESE FOLKS HAVE MULTIPLE EMPLOYEES OR CONTRACTORS WHO ARE COMING IN AND BLOWING PAST THE 80 HOURS, WHICH THEY DO, RIGHT? THE STAFF THAT COMES IN, THE HUNDREDS OF PEOPLE WHO COME IN TO SET UP FOR FINAL FOUR, FOR EXAMPLE, RIGHT? THEY'LL SPEND A WEEK OR TWO HERE, RIGHT? JUST WORKING ON THIS.
AND IT'S THE SAME GOES FOR THE ARMY OF PEOPLE, YOU KNOW, PREPARING EL TORO LOCO AT THE MONSTER JAM OR WHATEVER, RIGHT? BUT THOSE GUYS, ASSUMING THAT THOSE MEN AND WOMEN BLOW PAST THE 80 HOURS, THAT MEANS UNDER THIS ORDINANCE ED, THAT THE EMPLOYER HAS A DUTY TO PUBLISH THE ORDINANCE IN THEIR COMPANY HANDBOOK AND THEY'VE GOT A DUTY TO POST SIGNS IN THEIR BREAK ROOM WHEREVER THEIR OFFICE IS, EVEN IF IT'S IN CINCINNATI.
IS THAT RIGHT? THE ISSUE OF ESPECIALLY TRANSIENT WORKERS YEAH.
THAT COME THROUGH SAN ANTONIO HERE, ONLY FOR A LIMITED TIME THAT WAS ADDRESSED BY A COUPLE OF DIFFERENT, OF THE SUBCOMMITTEES.
UH, SO OUR OFFICE WAS ATTENDED ALL OF THE SUBCOMMITTEE MEETINGS EXCEPT FOR THE IMPLEMENTATION SUBCOMMITTEE MEETINGS, EVERY COMMISSION MEETING.
THEY LOOKED AT, UH, LIMITING ONLY TO LOCALLY BASED BUSINESSES OR PRINCIPAL PLACE OF BUSINESS PERCENTAGE OF WORKERS HERE, AND THEY DECIDED NOT TO, RIGHT? INCLUDE THAT.
SO, SO YOU'RE RIGHT, IN SOME INSTANCES, THERE WILL BE CIRCUMSTANCES WHERE YOU HAVE TRANSIENT EMPLOYEES TO COME THROUGH.
IF THEY DO WORK AND ARE PAID FOR THAT WORK IN SAN ANTONIO, THEN THE ORDINANCE WOULD APPLY TO THEM AND IT WOULD APPLY TO THE EMPLOYER.
SO THE EMPLOYER, LET'S SAY THE BROADWAY SERIES, RIGHT? UM, OR THE FINAL FOUR PEOPLE, RIGHT? THEY'RE GOING TO HAVE TO START PUBLISHING SAN ANTONIO'S ORDINANCE IN THEIR HANDBOOK.
IS THAT, I MEAN, 'CAUSE THAT'S WHAT THAT'S WHAT I'M READING, THAT'S WHAT IT SAYS.
SO IT'S POSSIBLE THAT THEY MIGHT HAVE TO HAVE SOME REFERENCE WITHIN THE HANDBOOK, AND SOMETIMES IT CAN BE A LINK THAT THEY CAN SAY, IF YOU DO WORK IN SAN ANTONIO, HERE'S THE LINK REGARDING WHAT COVERS YOU FOR DOING THE WORK IN SAN ANTONIO.
BUT THAT, THAT IS POSSIBLE THAT THAT COULD OCCUR.
SO THE REASON I'M, I'M, I'M POINTING THIS OUT, IS BECAUSE THIS ISN'T, UM, THIS IS KIND OF A, A BOWL OF SPAGHETTI THAT WE'RE TRYING TO TEASE OUT, RIGHT? AND I THINK THIS IS ALL VERY WELL INTENTIONED.
I I WANNA LIVE IN A WORLD WITH PAID SICK LEAVE.
RIGHT? THIS ORDINANCE, I STILL THINK NEEDS SOME WORK, UH, DESPITE THAT, RIGHT? BECAUSE THAT NOW MEANS THAT CASSANDRA MATEA AT VISIT SAN ANTONIO IS GOING TO HAVE TO ALERT CONVENTION OR, YOU KNOW, CONVENTION COMPANIES WHO ARE SENDING FOLKS HERE A WEEK OR TWO BEFORE THAT, HEY, HEADS UP, LET'S MAKE SURE YOUR COMPANY HANDBOOK HAS A LINK.
UH, OR LET'S MAKE SURE THAT YOU GUYS POST IN YOUR LUNCHROOM IN CINCINNATI, YOU KNOW, OR IN DETROIT, A POSTER THAT HAS SAN ANTONIO'S ORDINANCE ON IT.
I MEAN, LIKE, WE'RE GONNA HAVE TO HAVE THOSE CONVERSATIONS.
'CAUSE THE LAST THING WE WANT THEM TO DO IS TO GET A TICKET FROM COLLEEN BRIDGER'S DEPARTMENT THAT SAYS, WE'VE DISCOVERED THAT, YOU KNOW, YOUR HANDBOOK DIDN'T CARRY THIS, AND BY THE WAY, YOU OWE US 500 BUCKS.
AND, AND I THINK THE ONE THING THAT'S IMPORTANT TO REMEMBER IS THAT THIS IS A CITY ORDINANCE, LIKE OTHER CITY ORDINANCES AND OTHER CODE PROVISIONS.
SO IF YOU LOOK AT, YOU KNOW, THE ANIMAL CODE, HEALTH CODE, FOOD CODE, ALL U D C, THE CITY COUNCIL ALWAYS HAS THE ABILITY TO REVISIT THESE TWEAK AND MAKE BETTER.
AND SO THIS IS YOUR FIRST CUT IN MAKING THIS BETTER.
UH, HOPEFULLY YOU'LL HAVE ADDITIONAL FUTURE OPPORTUNITIES TO CONTINUE TO REFINE AND MAKE THIS A BETTER ORDINANCE, BUT THIS IS THAT FIRST CHANCE THAT YOU ALL HAVE TO REALLY DO THAT.
ALL OF THE RECOMMENDATIONS YOU ALL MAKE WILL TAKE INTO ACCOUNT AND TRY AND, AND CRAFT THIS THE BEST WAY WE CAN.
LASTLY, AND YES MA'AM, GO AHEAD.
I WAS GONNA SAY, UM, ED'S BEING WAY TOO HUMBLE HERE, BUT EVERY LAST ONE OF THE SCENARIOS AND HYPOTHETICALS YOU'VE JUST RAISED, ALL OF THAT HAS BEEN, UM, DISCUSSED, UH, YEAH.
AND THE REALITY IS THAT WE'RE HERE WITH OUR RECOMMENDATIONS BECAUSE WE WERE HERE, WE CREATED A COLLABORATIVE EFFORT IN, YOU'RE NOW IN A POSITION TO DO THE HARD WORK OF MAKING THOSE DECISIONS THAT, UM, YOU KNOW, THIS COMMISSION COULDN'T ACTUALLY MAKE WITH REGARD TO THOSE UNIQUE SITUATIONS OF PAID AND UNPAID, UM, TRANSIENT WORKERS AND ALL OF THOSE KINDS OF THINGS.
SO I JUST WANTED YOU TO KNOW THE WORK THE COMMISSION DID THO DID THAT I, MY PREAMBLE, RIGHT, WHICH IS IMPERFECT DOCUMENT, IMPERFECT PROCESS, RIGHT? WE ASKED YOU GUYS TO DO SOME REALLY HEAVY LIFTING AND IT'S, YOU KNOW, UM, AN ORDINANCE BY COMMITTEE BY CONSENSUS.
I'M NOT, I'M NOT BLAMING ANYBODY FOR THIS.
I'M JUST POINTING OUT THERE'S STILL A LOT OF WORK HERE TO DO AND IT'S NOT UNIMPORTANT WORK.
I THINK WE GOT THE BIG ONES, RIGHT? IT'S THESE SMALLER ONES THAT RIGHT.
[00:55:01]
CAN THESE CONSTRUCTION COMPANIES THAT WE HAVE HERE IN SAN ANTONIO ALSO BRING TRADES IN FROM OTHER PLACES, RIGHT? THAT WAS SOMETHING YOU GUYS DISCUSSED, RIGHT? ABSOLUTELY.THANKS FOR YOUR WORK, DANIELLE.
COUNCIL MEMBER ANDREW SULLIVAN.
AND THANK YOU COUNCILMAN PIAS.
YOU HIT ON ALL OF THE POINTS THAT I WANTED TO BRING UP.
SO THANK YOU SO MUCH FOR THAT.
UM, THAT WAS ONE OF MY BIGGEST THINGS IS HOW WE WOULD WORK WITH THE NONPROFITS AND WITH THE CONTRACT WORKERS THAT ARE COMING IN VIA OTHER PLACES.
AND SO THANK YOU FOR BRINGING THAT UP.
THAT IS A, A MAIN ISSUE, ESPECIALLY WITHIN THE DISTRICTS THAT WE REPRESENT THAT HAVE THOSE ENTITIES THAT BRING IN LIKE THE STOCK SHOW AND RODEO AND, UM, THE DIFFERENT PERFORMANCES THAT COME IN.
UM, I, I REALLY JUST WANT TO COMMEND YOU FOR EVERYTHING THAT YOU'RE DOING BY LISTENING TO THE VOICES OF THE PEOPLE THAT TRULY WORK IN THE INDUSTRIES, THAT WHEN WE HAVE HEALTHY WORKERS, WE HAVE A HEALTHY ECONOMIC, UM, INCOME COMING INTO THE, THE CITY.
AND SO WE THANK YOU FOR TAKING THAT TIME OUT AND LISTENING.
I SEE THAT WE HAVE TOP, I SEE THAT WE HAVE MOVED HERE, AND I THANK THEM SO MUCH FOR THE INPUT THAT THEY GIVE TO US AS, AS COUNCIL MEMBERS TO HELP US UNDERSTAND WHAT WE DON'T GET TO HEAR ON THE OPPOSITE SIDE OF, OF WORKING.
UM, I KNOW THAT IN AN INDUSTRY THAT STILL PROVIDES F M L A AND, AND LEAVE ACCORDING TO THE ORGANIZATIONS, WE AS A CITY DID PUT FORTH AN ORDINANCE AND WE NEED TO FOLLOW THROUGH WITH EXACTLY WHAT WE HAVE ALREADY SPOKEN THAT WE WOULD DO.
UM, SO I THANK YOU FOR, FOR THE INFORMATION.
I THANK YOU FOR GOING BACK AND DOING THE HARD WORK AND THE HEAVY LIFTING TO BRING US, UM, THIS FORWARD.
SO AS I WILL ECHO COUNCILMAN PALS, JUST FINDING OUT THOSE, THOSE SMALL DETAILS THAT WE AS A CITY COUNCIL MUST NOW DO TO MAKE SURE THAT EVERYONE IS PROTECTED.
I KNOW THAT ONE OF THE BIGGEST THINGS COMING IN WAS LISTENING TO THE SAN ANTONIO CHAMBER OF COMMERCE AND HOW THEY WERE SAYING THAT THE VOICES OF THE BUSINESS COMMUNITY TRULY WEREN'T REPRESENTED BY THE, THE SMALL BUSINESSES AND HOW THAT WOULD TRULY IMPACT THEM ECONOMICALLY TO HAVE THIS IN PLACE.
AND SO I, I THANK YOU FOR DOING THE WORK.
UM, I'M LOOKING FORWARD TO SEEING HOW WE CAN FULLY WORK OUT THOSE DETAILS WHEN IT DOES COME TO THE INDUSTRIES THAT HAVE PEOPLE THAT TRULY COME INTO SAN ANTONIO AND STILL BRING ABOUT AN ECONOMIC, UH, IMPACT, ESPECIALLY FOR LIKE THE BUS COMPANIES THAT BRING IN TRAINEES HERE TO THE CITY.
AND NOT ONLY ARE THEY PAYING FOR LODGING, THEY'RE PAYING FOR FOOD, THEY'RE PAYING FOR GAS AND TRANSPORTATION.
SO FINDING OUT THOSE SMALL DETAILS WOULD REALLY BE GREAT BECAUSE I KNOW THEN THAT CHANGES THE DYNAMIC A LITTLE BIT ABOUT WHAT WE CONSIDER IN EMPLOYEES AND WHERE THEY GO NEXT WITH WHAT THEY PUBLISH.
SO THANK YOU AGAIN FOR EVERYTHING THAT YOU'RE DOING AND, UM, I LOOK FORWARD TO MAKING SURE THAT WE HAVE SOMETHING THAT TRULY NOT ONLY BENEFITS THE EMPLOYER TO HAVE HEALTHY EMPLOYEES, BUT TRULY BENEFITS OUR SOCIETY TO HAVE PEOPLE THAT ARE TRULY COVERED FOR THE WORK THAT THEY DO.
COUNCIL MEMBER ANDREW SULLIVAN.
UH, I PRESUME THERE WAS NOTHING LIKE A MINORITY REPORT THAT HAD BEEN PREPARED OR WAS OFFERED THE SLIDE THAT KIND OF ADDRESSES THE AREAS WHERE THERE WAS SOME SPIRITED DEBATE THAT WOULD PROBABLY REFLECT WHERE THERE WAS A MINORITY REPORT, IF YOU WILL, FOR THE MO FOR THE MOST PART, I WOULD SAY THAT THE COMMISSION, UM, HAD A GREAT CONSENSUS, UH, ON MOST OF THE ISSUES.
UH, COUNCIL HAS TOUCHED ON THOSE VERY SIGNIFICANT ISSUES THAT, UM, THAT WE LEFT TO THE COUNCIL TO ADDRESS.
NOW, I, I'VE REALLY, UH, APPRECIATED THE COMMENTS THAT HAVE BEEN MADE, PARTICULARLY BY THE MAYOR AND BY COUNCILMAN PALS ON SOME OF THE THINGS THAT WE NEED TO CONTINUE TO CONSIDER AND TAKE ON AS, AS COUNCIL PEOPLE.
AND I LOOK FORWARD TO HEARING FROM ANY OF MY OTHER FELLOW COUNCIL MEMBERS ON ANYTHING THEY SEE THAT MAYBE ISN'T OBVIOUS.
AND OVER THE NEXT WEEK OR SO OR TWO, WE HAVE A TIME TO MAYBE EXPLORE ANY OTHER QUESTIONS THAT COME UP.
BUT CONCEPTUALLY AND AS PRESENTED TODAY, I THINK THAT THIS IS, UH, A BIG IMPROVEMENT OVER THE ORIGINAL ORDINANCE AND, AND I WOULD BE SUPPORTIVE OF MOVING THIS FORWARD TO THE COUNCIL AND CONSIDERING THE KINDS OF CHANGES THAT THE MAYOR SUGGESTED AND THAT, UH, COUNCILMAN SAID WE NEED TO LOOK INTO AND PREPARE FOR.
[01:00:01]
UM, SO A COUPLE QUESTIONS THAT WERE BROUGHT UP.UM, HOW, HOW DOES THIS AFFECT, UH, GIG ECONOMY WORKERS LIKE RIDESHARE LYFT AND UBER GIG ECONOMY EMPLOYEES? OUR EMPLOYEES, THEY HAVE EMPLOYERS AND IF THEY, UH, IT, IT APPLIES TO THEM, UH, AS WELL.
RIGHT? WELL, I THINK, I THOUGHT, I THOUGHT THEY WERE CONSIDERED CONTRACT LABOR.
I THOUGHT THEY WERE CONSIDERED CONTRACT LABOR.
UH, I'LL, I'LL TELL YOU WHAT, THE WAY THAT, UH, CHANGES, I'M NOT SURE.
UH, SO THE ISSUE, IF THEY ARE CONTRACT EMPLOYEES, THEN IT DOES NOT APPLY TO THEM.
BUT IF THEY ARE CONSIDERED EMPLOYERS, THEN IT DOES.
AND SO AS, AS COUNCILMAN AZZ WAS BRINGING UP, YOU KNOW, CERTAINLY SCENARIOS, I MEAN, WE GOT AN EXPLANATION OF, OF, UH, THE, THE, THE RAILWAY LABOR ACT.
CAN YOU EXPLAIN THAT A LITTLE BIT? THE RAILWAY LABOR ACT, THOUGH, THAT APPLIES PRIMARILY IN THE, UH, TRANSPORTATION INDUSTRY, UH, TRUCKING, UH, RAILROAD AIRLINE INDUSTRIES, UH, THAT IS A SEPARATE AREA, AND THE LAW COVERS THEM DIFFERENTLY.
AND THAT'S WHY YOU'LL SEE THAT THAT'S ACCEPTED IN THE ORDINANCE.
OKAY? SO THAT'S NOT, NOT A PART.
IT'S, IT'S A SPECIFIC PORTION OF, OF, UH, OF THIS ORDINANCE.
IT'S A, IT'S A FEDERAL LAW THAT APPLIES TO EMPLOYEES WHO DO WORK UNDER THE RAILWAY LABOR ACT COMPLETELY DIFFERENT.
AND ABSENT THIS ORDINANCE, THAT, THAT IS THE, UH, THE FACT FOR THOSE EMPLOYEES, THE CARVE OUT AIRLINE EMPLOYEES, RAILROAD EMPLOYEES GOT, THEY ARE HELD UNDER A DIFFERENT STANDARD WITH REGARD TO THESE MATTERS.
OKAY? UM, AND THEN, UH, NUMBER ONE, I, I FORGOT THAT.
THANK YOU FOR, FOR ALL YOUR HARD WORK AND OF COURSE, THE COMMISSION.
AND I WANNA THANK YOU ALSO FOR, UH, GIVING ME SOME TIME ON A SUNDAY TO, TO DISCUSS THIS, UH, REALLY, UH, APPRECIATE YOUR, YOUR HARD WORK ON THIS.
BUT, UH, YOU KNOW, THE TWO THINGS WE TALKED ABOUT WAS THE, UH, THE ELIGIBILITY PERIOD, UH, IF YOU REMEMBER MM-HMM.
AND I THINK WHAT WE TALKED ABOUT WAS SOME OF THE LANGUAGE MAYBE COULD, COULD DO SOME, USE, SOME TWEAKING.
UM, I THINK THAT, YOU KNOW, KNOW THE ISSUE FOR ME IS THAT IT, IT, IT DOESN'T, WE'RE WE'RE SORT OF ALLOWING A CERTAIN GROUP TO, TO SAY THAT THEY HAVE A, A SIX MONTH, UH, EXISTING PERIOD, OR 180 DAYS VERSUS, VERSUS 90 DAYS THAT AFTER THE, THE, UH, THE ORDINANCE IS ENACTED.
SO, UM, DO YOU WANNA SAY ANYTHING ABOUT THAT? ABOUT, YEAH.
AND THIS KIND OF GOES BACK TO WHAT COUNCILMAN PLY SAID IN TERMS OF AN IMPERFECT DOCUMENT.
YOU KNOW, WHEN YOU'RE BRINGING SORT OF DIFFERENT PERSPECTIVES TOGETHER, THEY'RE OFTENTIMES COMPROMISE.
AND THAT IS REALLY WHAT THAT, THAT SECTION REFLECTS, IS A COMPROMISE.
UH, BUT, UH, WE ENCOURAGE THE COUNCIL TO CONSIDER, AGAIN, AND KEEP THE FOCUS ON ITS, UM, PUBLIC HEALTH FOCUS.
AND IF YOU WERE TO DO THAT, IT MAKES PERFECT SENSE THAT THE COUNCIL MIGHT DO SOMETHING DIFFERENT, WHICH ALLOWS EMPLOYEES TO AC OCCUR, ACCRUE, AND TAKE LEAVES SOONER THAN 180 DAYS.
SO, UM, WE UNDERSTAND THAT THAT'S A DECISION THAT COUNCIL'S GONNA HAVE TO MAKE, BUT, BUT THAT EXPLAINS WHY, UH, WE HAVE THE ORDINANCE, WE DO, THE RECOMMENDATIONS WE HAVE RIGHT NOW.
WELL, I APPRECIATE THAT, AND, UH, AGAIN, I'LL WORK OVER THE NEXT WEEK WITH THE CITY ATTORNEY'S OFFICE, AS IS MENTIONED, AND, UM, AND SEE IF WE CAN'T FIND A, A WAY TO REALLY TWEAK THAT LANGUAGE SO THAT I THINK OUR INTENT IS REALLY 90 DAYS, UH, THAT MAKES, THAT'S AT LEAST CLOSER TO, UM, THE TRUER SPIRIT OF, OF THE ORIGINAL ORDINANCE AS PROPOSED.
UM, AND THEN ON SECTION 15, 2 76, UM, I WANT TO CONCUR THAT, UH, WE SHOULD, WE SHOULD BRING THAT, UM, UH, TO, TO ONE YEAR.
YOU AND I DISCUSSED THAT IT'S CURRENTLY SET AT 60 DAYS FOR THE COMPLAINT PERIOD.
AND, AND THIS IS, AGAIN, I JUST WANT TO TALK ABOUT OUR CONVERSATION AND, AND, AND I GAVE YOU AN ANECDOTE.
UH, YOU KNOW, ONE OF THE FIRST THINGS THAT I SAW HERE ON COUNCIL, UM, YOU WANNA PUT THIS ON THE RECORD, IN FACT, JED MAVIS IS IN THE BACK OVER THERE.
HE CAN CONFIRM ALL THIS, UM, WAS, WAS OUR DEMOLITION PROCESS IN THE CITY.
AND, AND THE, AND, YOU KNOW, WE WERE GIVING PEOPLE BASICALLY 30 DAYS TO FIX UP THEIR HOUSE.
AND YOU KNOW WHAT I, I ASKED YOU, WELL, WHAT HAPPENS ON THAT 31ST DAY? RIGHT? AND I CAN'T IMAGINE, REALLY, YOU CAN'T, YOU REALLY CAN'T DO MUCH TO A HOUSE IN, IN ABOUT 30 DAYS.
SO, UM, YOU KNOW, WHAT WE DISCOVERED WAS THAT MAYBE SOMETIMES WE'RE PUTTING IN NUMBERS THAT, THAT WE'RE SORT OF TECHNICALLY ADHERING TO, BUT CREATE THESE COLLATERAL EFFECTS THAT SORT OF THROW OUT THE, THE COMPASSIONATE PURPOSE OF,
[01:05:01]
OF THOSE, THOSE THAT, THAT TIMEFRAME MM-HMM.AND SO, UM, YOU KNOW, HAVING THOSE SHORTENED PERIODS, I THINK DOESN'T ALLOW, UH, IN SOME CASES, AND I THINK IN THIS PARTICULAR CASE, DID NOT ALLOW FOR CITY STAFF TO, TO SAY, YOU KNOW WHAT, YES, WE COULD GO A LITTLE FURTHER.
WE WANNA ENCOURAGE PEOPLE TO, TO, UM, TO FILE THEIR COMPLAINT AS EARLY AS POSSIBLE.
BUT SOMETIMES THAT'S JUST, THAT'S JUST NOT THE CASE.
AND I'D HATE TO THINK THAT SOMEBODY TECHNICALLY GOT LEFT OUT ON THAT 91ST DAY ON, I'M SORRY, YOU HAD IT AT 60 DAYS AND THAT 61ST DAY.
AND, UM, AND SO THIS IS WHY I, I WILL, I WILL, UH, ALSO JOIN IN ON, ON REQUESTING THAT IT BE ONE YEAR, UM, BECAUSE I, YOU KNOW, THESE THINGS CAN'T TAKE SOME TIME AND WE DON'T KNOW, UH, WHY THEY'RE OCCURRING, WHY THEY, THEY COULD TAKE THAT LONG.
BUT I DON'T WANT ANYBODY TO BE TECHNICALLY LEFT OUT JUST BECAUSE THAT'S A DATE THAT WE, WE PICKED.
UH, WE CERTAINLY, I THINK, I THINK YOUR POINT IS WELL TAKEN THAT WE CAN FIND WAYS TO ENCOURAGE PEOPLE TO, TO FILE A COMPLAINT EARLIER.
AND, AND I THINK WE COULD DO THAT THROUGH, UH, MARKETING AND, AND OTHER EDUCATIONAL TOOLS THAT WE CAN INVEST, UH, CITY RESOURCES IN SO THAT WE CAN APPLY THAT AND ENCOURAGE PEOPLE.
OBVIOUSLY, IF SOMEBODY TAKES A, A YEAR TWO TO FILE A COMPLAINT, THAT'S, THAT'S UNFORTUNATE.
BUT, UH, YOU KNOW, YOU KNOW, THAT, THAT, THAT COULD HAPPEN.
I THINK TO YOUR POINT, UH, COUNCILMAN THAT, UM, WHETHER THE, IT'S ONE YEAR OR 60 DAYS, UH, IF THAT, THAT EMPLOYEE COMES IN ON ONE DAY PAST THAT DEADLINE, IT STILL DOESN'T SERVE OUR PURPOSE, WHICH IS A PUBLIC HEALTH PURPOSE, RIGHT? SO WE'VE GONE BACK AND WE'VE TALKED ABOUT IT, AND DR.
BRIDGERS AND I, WE DISCUSSED ABOUT, YOU KNOW, WHAT IS OUR PURPOSE? WHAT IS THE GOAL HERE? AND QUITE HONESTLY, I DON'T KNOW THAT IT'S ENVISIONED THAT THIS IS MEANT TO BE A BAR.
AND THAT'S WHY I TOUCHED UPON THAT EARLIER.
IT'S NOT MEANT TO BE A BAR PER SE, BUT IT'S TO GIVE A GOAL, SOMETHING ASPIRATIONAL FOR THE EMPLOYEE TO SEE.
BUT QUITE HONESTLY, THE GOAL IS TO MAKE SURE THAT FOLKS GET THEIR BENEFITS UNDER THIS ORDINANCE.
AND QUITE HONESTLY, IF A PERSON FILED ON THE HUNDREDTH AND SEVENTH DAY, IT, YOU STILL HAVE THE SAME PROBLEM.
IT, YOU, YOU HAVE THE PROBLEM WHERE A PERSON IS ENTITLED TO A LEAVE.
UH, SO WHEN DO YOU WAIVE IT? YEAH.
WELL, WELL, AND, AND WE'RE ON THE SAME PAGELY.
WE ABSOLUTELY AGREE WITH THAT.
I GUESS WHAT I'M SAYING IS I DON'T WANT TO CREATE A ALTOGETHER DIFFERENT PROBLEM.
WELL, I THINK, UH, TO YOUR POINT, THE ISSUE IS, IS THAT WHAT REALLY GONNA BE A PROBLEM? ARE WE GOING TO SAY, UH, LEAVE, UH, YOU, YOU'RE TOO LATE AND YOU DON'T GET YOUR LEAVE.
AND IT'S MY UNDERSTANDING THAT METRO HEALTH, THE DIRECTOR HAS THE AUTHORITY TO CONSIDER THOSE MATTERS, TO CONSIDER WHAT THE CIRCUMSTANCES WERE.
AND I THINK PERHAPS A SOLUTION IN THIS CASE WOULD BE TO TWEAK THE ORDINANCE TO GIVE THAT TYPE OF DISCRETION SO THAT ALTHOUGH IT MAY BE UNTIMELY, UH, THEN, YOU KNOW, ALLOW IT.
YOU, YOU STOLE MY NEXT COMMENT.
I WAS GONNA SAY IT, IT WOULD, IT WOULD ACTUALLY BE HELPFUL.
IN FACT, WE WERE, WE'VE BEEN TALKING ABOUT A, A, A HOUSING CZAR FOR A WHILE, AND I THINK HERE'S SOMETHING WHERE, UH, AS THE HEAD OF, OF METRO HEALTH, I THINK BEING IN CHARGE OF SOMETHING LIKE THIS, YOU KNOW, HAVING THE ABILITY TO, TO OVERSEE THIS WOULD BE SO IMPORTANT TO, TO MAKE SURE THAT WE'RE NOT BEING SO HARD LINED ABOUT THAT DATE.
UM, SO I, I'M GONNA AGREE WITH THAT AND I'LL, I'LL NOTE IT AS THAT'S YOUR IDEA, BUT I, I WILL, I WILL SECOND THAT.
UM, SO AGAIN, I JUST WANNA RECAP THAT.
UM, I BELIEVE THAT THE ONE YEAR IS, IS, IS CERTAINLY SOMETHING I SUPPORT.
AND I THINK THIS COUNCIL CAN, CAN DIGEST THAT AND, AND, AND OF COURSE, UH, CREATE SOME, SOME LANGUAGE THAT THAT GIVES THE HEAD OF METRO HEALTH, UH, SOME, SOME EXTENDED AUTHORITY TO, TO HAVE SOME FLEXIBILITY, HAVE SOME, UM, A DEGREE OF, OF FLEXIBILITY THAT IS MORE COMPASSIONATE.
I'D ALSO LIKE TO, UH, ALSO SHARE WITH THE, THE COUNCIL THAT A PART OF THIS ORDINANCE ADDRESSES AT LEAST TWO OCCASIONS WHERE THE EMPLOYEE AND THE EMPLOYER ARE TO WORK TOGETHER TO RESOLVE AN ISSUE.
AND SO THE LONGER THAT TAKES, THE, THE, FOR THE LONGER AMOUNT OF TIME IT TAKES BEFORE AN EMPLOYER EVEN KNOWS THERE'S AN ISSUE, HINDERS THAT RELATIONSHIP OR POTENTIALLY CAN.
SO AGAIN, THE ISSUE IS, UH, TO ALLOW THE RELATIONSHIP TO GROW AND DEVELOP AND STRENGTHEN AS OPPOSED TO BE AN, AN ADVERSARIAL TYPE OF RELATIONSHIP, BECAUSE THERE'S A CLAIM BROUGHT A YEAR AFTER THE FACT WHERE IT'S HARDER TO DEFEND AND IT'S HARDER TO PROCESS.
SO, AGAIN, I'M NOT, UH, ADVOCATING ANYTHING IN PARTICULAR, BUT I DID WANT THAT TO BE SOMETHING FOR YOU TO THINK ABOUT IN TERMS OF DOES IT ENCOURAGE A HEALTHY RELATIONSHIP BETWEEN THE EMPLOYEE AND THE EMPLOYER
[01:10:01]
IF THE COMPLAINT COMES AT SUCH A LATE TIME? YEAH, WELL, WE CERTAINLY HOPE SO.UM, AND AGAIN, AND THEN ALSO JUST, UH, IN TERMS OF THE PRE PROBATIONARY PERIOD, I THINK WE NEED TO REALLY WORK ON THAT LANGUAGE.
AND THEN LASTLY, I, I WANNA THANK, UH, MY FELLOW COLLEAGUES ON THE AD HOC COMMITTEE.
OF COURSE, I WAS ADDED FAIRLY LATE WITH, WITH COUNCILWOMAN HODRA, BUT I WANNA RECOGNIZE THEIR WORK.
AND, AND I KNOW, UH, COUNCILMAN HODRA HAD SOME, UH, YOU KNOW, GREAT IDEAS ABOUT, UH, THE, THE COMPLAINT PERIOD AS WELL.
AND I THINK HER EXPERTISE WAS, WAS VERY MUCH APPRECIATED ON THIS, UH, ON THIS, UH, ON THIS ISSUE.
AND SO, UH, AGAIN, I JUST, I THINK THAT, UH, TO YOUR POINT, WE, WE HOPE TO HAVE ARRIVED TO SOMETHING THAT IS GONNA HELP HELP, UH, MOST IMPORTANTLY, A POTENTIAL HEALTH ISSUE IN OUR CITY AND BRING PEOPLE TOGETHER IN A, IN A POSITIVE WAY.
THANK YOU, DANIELLE, FOR YOUR, UH, AND THE COMMISSION FOR THE DILIGENT AND COMPREHENSIVE WORK THAT YOU'VE DONE ON THIS VERY COMPLEX TOPIC.
I WANNA GO ON RECORD AS QUESTIONING HOW CHO AND EGG DID NOT DO BETTER IN THAT POLL, BUT I THINK IT
OR ELIZABETH, THERE WE'RE
I, I MENTIONED IT, I THINK, I KNOW IT'S A BIT OF A JUMP FROM DISCRIMINATION TO THIS, BUT IT'S, IT'S SIMILAR IN, IN THE LABOR CODE.
IN REALITY, THE INCUBATION PERIOD OF UNDERSTANDING OF VIOLATION MAY HAVE, UH, MAY HAVE OCCURRED, VARIES FROM PERSON TO PERSON.
UM, SO I SUPPORT THE RECOMMENDATION TO ALLOW ONE YEAR REPLACING THE 60 DAY LIMITATION NOTED IN 15 2 76 B, IN WHICH AN EMPLOYEE MAY FILE A COMPLAINT.
I'LL NOTE TO, I MEAN, I SEE YOUR POINT ABOUT REPORTING CLOSER IN TIME TO, YOU KNOW, GET, YOU KNOW, MEMORIES ARE BETTER RIGHT AFTER 60 DAYS THAN, THAN ANY LONGER THAN THAT.
BUT MY CONCERN ABOUT THIS IS, AS THE ORDINANCE READS NOW, IT IT THE PERCEPTION OF THE EMPLOYEE THAT THEY ARE BARRED AFTER 60 DAYS.
THAT, THAT'S, THAT'S MY CONCERN ABOUT THAT.
AND MAYBE IT'S JUST A CLARIFICATION OF THAT LANGUAGE, BUT I DO SUPPORT EXTENDING THAT TO A YEAR.
I ALSO HAVE A QUESTION ABOUT, UH, THE 56 HOURS AS WAS REACHED AS A COMPROMISE.
I THINK IT'S A 2 72 B THREE, I UNDERSTAND.
UM, 40 HOURS WAS THE, THE NUMBER OF HOURS ACROSS THE NUMBER OF, OF STUDIES OF CITIES, IS THAT CORRECT? AND WHAT WAS THE LOGIC BEHIND MOVING TO 56, 40 HOURS WAS A FAIRLY CONSISTENT AMOUNT OF TIME ACROSS MANY CITIES.
UM, BUT WE REACHED 56 BASED UPON THE PUBLIC HEALTH EMPHASIS AND BASICALLY ON THE CONTAGION PERIOD OF TIME FOR THE FLU.
AND THAT'S KIND OF WHERE WE CAME TO THAT NUMBER, UH, OF SEVEN DAYS.
AND THEN WE ALSO INCLUDED, UH, THAT IT WOULD BE ENCAPSULATED BY A WEEKEND.
AND SO, UH, WE FIGURED THAT THAT WOULD MAXIMIZE THE AMOUNT OF TIME THAT AN EMPLOYEE COULD ACTUALLY BE SICK, GET WELL, AND GET BACK TO WORK.
UH, SO THAT'S WHERE THAT NUMBER CAME FROM.
AND AGAIN, ORIGINALLY WE FOUND THAT IT, UH, WE WANTED TO GET TO A ONE SIZE FITS ALL BECAUSE WE DIDN'T SEE THAT IT MADE MUCH DIFFERENCE HOW LARGE YOUR EMPLOYER WAS.
THAT, YOU KNOW, DETERMINED HOW MUCH SICK AND SAFE LEAVE YOU GOT.
SO THAT'S HOW WE GOT TO THE 56 NUMBER.
UM, MY LAST COMMENT IS, UH, CONCURRING WITH COUNCILMAN PALS.
I DON'T KNOW A LOT ABOUT THE TYPE OF WORK THAT A ROADIE OR A RODEO WORKER WOULD DO, BUT ARE THEY GENERALLY INDEPENDENT CONTRACTORS? DO YOU KNOW? I'M SORRY? ARE THEY GENERALLY INDEPENDENT CONTRACTORS? WOULD THEY BE EXCLUDED? I'M SORRY, I DIDN'T HEAR THE FIRST PARTY PART.
THE, UM, THE, THE COMMENT THAT COUNCILMAN VALIS MENTIONED ABOUT, UH, ROADIES, LIKE PEOPLE THAT SET UP FOR CONCERTS OR THE, UM, UM, NO, MY UNDERSTANDING IS A LOT OF THOSE ARE UNION, UH, EMPLOYEES.
OH, THEY'RE ACTUALLY, A LOT OF THOSE ARE UNION EMPLOYEES.
SO THAT IS A WHOLE NOTHER SETUP.
SO I WOULD SUPPORT THE RECOMMENDATION THAT WE INCLUDE, THAT WE CLARIFY THAT LANGUAGE, I GUESS.
HDA, COUNCIL MEMBER ROCHA GARCIA.
I JUST HAVE, UM, A FEW QUESTIONS AND THEN, UH, IN ITS CLARIFICATION PURPOSES.
AND SO THANK YOU TO MY COUNCIL COLLEAGUES.
'CAUSE I THINK THEY ASKED SOME REALLY GOOD QUESTIONS.
CAN YOU HELP ME ON PAGE 22 OF DR.
NIVEN'S REPORT, UM, IT TALKS ABOUT SMALL BUSINESS, AND SO I WAS TRYING TO SEE IT, IT SAYS AS CLOSELY DEFINED AS POSSIBLE, BUT WHAT IS OUR DEFINITION OR WHAT WAS THE ORIGINAL DEFINITION OF A SMALL BUSINESS? IS IT JUST FOR CONTEXT? SO IN THE NIVAN REPORT, SMALL BUSINESS IS DEFINED AS 20 OR FEWER EMPLOYEES FOR THE ORDINANCE, WHEN WE WERE TALKING ABOUT
[01:15:01]
SMALL VERSUS LARGE, IT WAS SLIGHTLY DIFFERENT WHAT WAS FOR SMALL BUSINESS 15, BUT THERE THE DATA WAS MORE AVAILABLE FOR 20.AND SO I, I JUST WANTED TO ASK THAT AGAIN FOR CONTEXT.
UM, AND SO I THINK COUNCILMAN PAL ADDRESSED A TRANSIENT WORKERS ISSUE, AND SO I'M, I'M SURE YOU GUYS WILL FOLLOW UP ON THAT.
UM, ARE WE, ARE, ARE ALL OF, SO IT LOOKS LIKE ALL OF THE STAKEHOLDERS ARE NOW IN AGREEMENT, AND THAT'S WHY THIS AT THIS POINT, IT, IT WAS BROUGHT TO US FOR CONSIDERATION OR AS MUCH AS POSSIBLE IN AGREEMENT.
AND YOU, I DON'T KNOW IF IT WAS UNANIMOUS, BUT RIGHT.
SO THE COMMISSION WAS COMPRISED OF VARIOUS PERSPECTIVES, UH, COMMUNITY ACTIVE ACTIVISTS, PEOPLE WHO WERE INSTRUMENTAL IN BRINGING THE PETITION FORWARD.
THERE WERE BUSINESS OWNERS, SMALL AND LARGE.
WE HAD UNION REPRESENTATION, AND WE HAD THE OPPORTUNITY TO RECEIVE THE PERSPECTIVES FROM THE ENTIRE STAKEHOLDER.
SO, SO WHAT I THINK THE COMMISSION'S RECOMMENDATIONS REFLECT IS WHERE THERE IS CONSENSUS, WE'VE IDENTIFIED THAT IN ONE OF THE SLIDES AND WHERE THERE WAS ONLY SMALL DISPUTE OR DISCUSSION, WE IDENTIFIED THOSE, THE AREAS AT THE BOTTOM OF THE SIDE.
AND I, LET ME SEE IF I CAN SLIDE 16.
AGAIN, YOU'LL NOTICE THAT THOSE ALSO FOCUSED ON THE LEGAL ISSUES.
UH, SO SOME, THERE WERE SOME AREAS WHERE THERE IS ROOM TO DEBATE IN THEIR, TO DISPUTE ABOUT THE SIGNIFICANCE OF THE LEGAL ISSUES INVOLVED MM-HMM.
BUT I WOULD SAY THAT FOR THE MOST PART, THE RECOMMENDATIONS THAT WE'VE COME TO TODAY ARE, UH, ARE A RESULT OF A CONSENSUS FROM THE COMMISSION,
AND THEN THE NEXT QUESTION IS, UM, AND THIS, THIS IS, UH, FOR, I THINK IT'S FOR ED, UM, ON PAGE FIVE OF THE 13 PAGE DOCUMENT THAT WE WERE PROVIDED RESERVED, WHAT, I'M SORRY.
I'M SURE IT'S THE, THE LEGAL TERM THAT I DON'T UNDERSTAND, BUT WHAT DOES THAT MEAN? BECAUSE THEN I WAS WONDERING, I KNOW THE MAYOR HAD A QUESTION SPECIFICALLY IN THAT, UH, AREA, AND SO I DON'T KNOW IF WE'RE STILL THINKING ABOUT IT OR, OR IF IT'S GONNA BE KEPT, AND I'M SORRY, I'M NOT AN ATTORNEY, SO I DIDN'T UNDERSTAND THAT PART.
RESERVE JUST MEANS THAT ACTUALLY IT WAS TAKEN OUT.
YOU DON'T WANNA RENUMBER THE REST OF THE ENTIRE ORDINANCE.
UM, AND THEN DO WE CONSIDER OVERTIME HOURS IN THERE? NO.
THIS IS JUST GONNA BE YOUR, THE, THE BASE RATE OF PAY.
SO IT DOESN'T, UH, DO EXTRA PAY ANY SORT OF SPECIAL PAY OVERTIME PAY.
IT'S GONNA BE WHATEVER YOUR NORMAL HOURLY RATE IS, OR SALARY DIVIDED OUT OVER THE NUMBER OF HOURS THAT YOU WORK.
AND THEN I DO WANT TO, UM, REFERENCE AGAIN, THE, THE REPORT THAT WE GOT RECENTLY, UM, OR WE GOT IT TWO DAYS AGO.
AND, AND I SHOULD CORRECT MYSELF, IT'S DR.
SO I, I KEPT SAYING EVAN, AND, UM, I CALLED HIM, UH, YESTERDAY MORNING BECAUSE I, I WAS, UM, HAPPY THAT THE REPORT HAD BEEN SENT, SENT OVER FOR US AND FOR MY COUNCIL COLLEAGUES WHO HAVEN'T READ THE 30 PAGES, UM, WORTH OR SO OF THE REPORT.
SOME OF THE HIGHLIGHTS THAT I FOUND WERE THAT THERE WAS A REDUCTION IN EMERGENCY ROOM VISITS.
AND SO THAT, AND THAT WAS HIGHLIGHTED TODAY.
I ALSO APPRECIATED THAT, UM, DR.
THEY QUOTED THE, UM, UH, ECONOMIC, THE COUNCIL OF ECONOMIC ADVISORS.
UH, AND SO ALTHOUGH IT'S, THAT WAS MORE RELEVANT TO STATE PAID, THAT THEY WERE STILL DOING SOME RESEARCH AS MUCH AS POSSIBLE TO COMPARE, UM, THERE'S NOT NECESSARILY AN APPLES TO APPLES, IT LOOKS LIKE.
AND IN, IN MY OWN RESEARCH, I FOUND THAT AS WELL.
UM, THE DEPARTMENT OF LABOR THAT THEY QUOTE, UH, LARGE DISPARITIES IN ACCESS TO PAID LEAVE ACROSS GROUPS WITH ACCESS LEAVE, UH, ACCESS TO LEAVE BEING PARTICULAR LOW AMONG HISPANICS, LESS EDUCATED WORKERS, LOW WAGE EMPLOYERS, OR LOW WAGE WORKERS, THAT'S IMPORTANT TO ME, UH, BECAUSE MY COUNCIL, DISTRICT DISTRICT FOUR DOES NOT SHARE IN, UM, IN THE HIGHER SOCIOECONOMIC STATUS AT SOME OTHER COUNCIL DISTRICTS ARE.
SO I APPRECIATED THAT AS WELL.
UM, ALSO LOOKING AT HOW, UM, HOW THE, THE COUNCIL OF ECONOMIC ADVISORS SAID THAT THERE WAS SOME GROWING EVIDENCE THAT POLICIES THAT SUPPORT WORKING FAMILIES CAN BENEFIT, UH, WITHOUT NECESSARILY IMPOSING THAT MUCH OF A COST ON SMALL BUSINESS.
WAS, WAS SOMETHING HELPFUL TO ME.
UM, I DID WANNA POINT OUT THAT IN DR.
ROMAN'S REPORT, THE HERITAGE FOUNDATION, THEY DID QUOTE THE HERITAGE FOUNDATION, AND SO THEY DID, UM, ALSO REFERENCE SOME HARMS THAT MAY COME.
UH, SO FOR INSTANCE, ONE OF THESE THINGS THAT, THAT THEY SAID, UH, WAS TALKING ABOUT LESS TAKE HOME PAY.
SO I, I AM WORRIED ABOUT THAT BECAUSE OBVIOUSLY, ESPECIALLY IN, IN MY DISTRICT, THAT'S IMPORTANT TO FAMILIES.
SO, UM, SO THEY TALKED ABOUT THE, OR THE HERITAGE FOUNDATION TALKED
[01:20:01]
ABOUT SPECIFICALLY MAYBE A REDUCTION IN HOURS.AND SO THAT WAS THE REASON THAT I, UM, KIND OF DID, DID A LITTLE BIT EXTRA, UM, RESEARCH.
AND I JUST WANTED TO FULLY UNDERSTAND BEFORE I BROUGHT, UH, ANY VOTE OR, OR ANY RECOMMENDATION FORWARD, UH, OR I'M SORRY, OR ANY, UM, QUESTIONS FORWARD.
I DID NOTICE THAT IN WASHINGTON, DC WHERE THE, THEIR PAID SICK LEAVE ORDINANCE WAS IMPLEMENTED ON NOVEMBER 13TH, 2008.
SO IT WAS ORIGINALLY IMPLEMENTED, UH, AND IT DID NOT INCLUDE, UH, INDEPENDENT CONTRACTORS, STUDENTS, CERTAIN HEALTHCARE WORKERS AND BAR AND RESTAURANT WORKERS.
AND SO THEY QUICKLY, IN A, A FEW YEARS, UH, SIX YEARS, JANUARY, 2014, THEY EXPANDED IT TO INCLUDE BAR AND RESTAURANT WORKERS.
WHICH LEADS TO MY NEXT QUESTION, WHICH I THINK COUNCILMAN PE GOT TO.
AND SO, UM, I WAS WORRIED ABOUT INTERNS.
AND SO I WAS WONDERING HOW IT WOULD AFFECT, LIKE, FOR INSTANCE, MY VERY OWN STUDENTS WHO HAVE TO TAKE AN INTERNSHIP AND, UM, IN SOME COURSES IT'S 120 HOURS OF INTERNSHIP MINE, I MAKE THEM DO 150 HOURS.
UM, BUT I WANNA START OFF WITH THIS BEAUTIFUL EXAMPLE THAT ONE OF MY COUNCIL COLLEAGUES RECENTLY SHARED WITH ME.
UH, AND IT'S A PRETTY SAD STORY, BUT IMAGINE THE BRILLIANT, BRIGHT-EYED, SMART DRIVEN COLLEGE GRADUATE THAT LANDS THE INTERNSHIP OF THE DECADE WITH THE MOST REVERED COMPANY IN THEIR FIELD.
THIS INTERNSHIP IS GREAT, BUT IS NOT PAID.
AND THIS IS A KID WHO HAS TO WORK TO SUPPORT HIS FAMILY.
THESE COMPANIES MAY BE FOUND SHAMEFUL AT THAT POINT BECAUSE OF THE REPUTATION THAT THEY HAVE AND BECAUSE OF THEIR SIZE, AND YET THEY'RE NOT PAYING THIS RECENT, UM, OR THIS, THIS COLLEGE KID.
BUT WHAT ABOUT THE NONPROFIT ORGANIZATIONS, FOR INSTANCE, AND THAT MY NONPROFIT, THAT MY STUDENTS, UH, SERVE AS INTERNS, I'M WORRIED THAT IF THE NONPROFIT ORGANIZATIONS HAVE TO PAY SOME ADDITIONAL, UM, FUNDING FOR SPECIFICALLY INTERNSHIPS AT MY STUDENTS MIGHT NOT HAVE THE OPPORTUNITY.
AND THOSE NON-PROFIT ORGANIZATIONS ARE THE ONES THAT MOST BENEFIT FROM INTERNSHIP WORK, BECAUSE AT THE END OF THE, THE DAY, IT'S RELATIVELY, UH, SALARY LEVELS ARE, ARE OUR MINIMUM THAT, THAT YOU CAN PAY.
AND SO I, THAT WAS MY QUESTION.
I WANTED TO SEE ALSO HOW IT AFFECTED OUR ESSAY WORKS INTERNSHIP PROGRAM, HOW IT AFFECTS OUR AMBASSADOR PROGRAM AT THE CITY.
UM, AND I JUST DON'T WANT STUDENTS TO LOSE THE OPPORTUNITY.
SO I, I WANT TO MAKE SURE THAT WE FOCUS ON THAT.
UM, AND THERE'S ANOTHER, UM, IN CONNECTICUT, THEY PASSED THIS.
THEY PASSED, UH, SOMETHING SIMILAR JANUARY 1ST, 2012.
AND SO WITH THIS, UM, THEY ACTUALLY EXEMPT NONPROFIT ORGANIZATIONS.
AND SO, UH, I DON'T KNOW THAT THAT, THAT WE WOULD EXEMPT ALL NONPROFIT ORGANIZATIONS, BUT I WOULD LOVE TO SEE SOME ADDITIONAL INFORMATION JUST LIKE REQUESTED BEFORE, UM, BY MY COLLEAGUES SPECIFICALLY ABOUT INTERNSHIP PROGRAMS, BECAUSE I WOULDN'T WANT IT TO HAVE A NEGATIVE EFFECT ON SOME OF THE STUDENTS WHO I THINK, UM, NEED IT MOST IN OUR COMMUNITY.
THESE ARE THE ONLY OPPORTUNITIES.
SOME OUR STUDENTS HAVE TO INTERACT WITH PROFESSIONALS.
AND SO I KNOW A LOT OF STUDENTS IN MY AREA, SOUTH SAN I S D, SOUTHWEST, I S D, THEY'RE WORKING WITH, UM, DIFFERENT COMPANIES AND THAT THAT'S THEIR FIRSTHAND EXPERIENCE.
SO I JUST REALLY WANT TO MAKE A PASSIONATELY TO, TO CONSIDER HOW STUDENT INTERNSHIPS GET EFFECT GET AFFECTED.
UM, BUT OTHER THAN THAT, THANK YOU, UH, MS. HARGER FOR YOUR WORK.
I, I THINK YOU ALL DID A GREAT JOB.
I, UM, UM, I HAVE, I FEEL COMFORTABLE, I WANNA SAY THANK YOU TO TOP AND TO MOVE AS WELL.
I MET WITH DREW GALLOWAY, UM, LAST WEEK.
AND SO HE LET ME KNOW THAT THEY WERE, UH, THEY WERE OKAY WITH THE REVISED ORDINANCE COLLECTIVELY.
AND THEN I MET WITH TOP LAST MONTH, AND I TOLD HIM THAT I WAS LOOKING FORWARD TO THE CHANGES BECAUSE I NEVER MAKE A DECISION UNTIL I FULLY RESEARCH SOMETHING.
I NEVER, UM, MAKE ANY STATEMENTS UNTIL I, YOU KNOW, I, I HEAR SOMETHING AND I ALWAYS SEE BOTH SIDES OF THE STORY.
I TRY TO MAKE AN OBJECTIVE DECISION.
SO THANK YOU TO, UM, TO TOP AND TO MOVE FOR BEARING WITH ME ON THAT.
UM, I DO ALSO FEEL CONFIDENT THAT WE HAVE A GREAT PROPOSAL, UM, AHEAD OF US.
AND I WANT TO, UH, ESPECIALLY THANK ALL OF THE PARTICIPANTS ON THE, UM, PUBLIC OR ON THE P SS L COMMITTEE AND, AND MY COUNCIL COLLEAGUES.
I DO THINK THAT WE MAKE A BETTER ORDINANCE WHEN WE WORK TOGETHER.
I ALSO ENCOURAGE YOU ALL, IF, IF YOU HAVEN'T, UM, PARTICIPATED WITH, OR IF YOU HAVEN'T ENGAGED WITH SOME OF THE ORGANIZATIONS, LIKE, LIKE MOVE AND TOP.
UH, IF MY COUNCIL COLLEAGUES HAVEN'T, I'VE, I'VE ALREADY ASKED FOR QUARTERLY MEETINGS, UM, AND I ENCOURAGE MY COLLEAGUES TO HAVE QUARTERLY MEETINGS WITH ORGANIZATIONS SUCH AS MOVE AND SUCH AS TOP JUST TO, TO KEEP ON TOP OF THE PULSE OF THE COMMUNITY, NO PUN INTENDED, TOP.
UM, BUT YEAH, SO THAT WE CAN, UM, KEEP UP TO DATE.
BUT I APPRECIATE YOUR WORK AND THE COMMITTEE'S WORK, AND I LOOK FORWARD TO SOME OF THE ANSWERS FOR SOME OF THE QUESTIONS THAT MY COUNCIL COLLEAGUES RAISE TODAY.
[01:25:01]
CLAYTON, UH, COUNCILMAN PERRY.UH, THANK YOU VERY MUCH FOR, UM, MODERATING THIS AND, AND COMING UP WITH THIS REPORT AT THIS POINT IN TIME.
I HAVE SOME DIFFERENT VIEWS ABOUT THIS PROGRAM AND, AND, AND, UH, WHAT HAS BEEN PUT TOGETHER SO FAR.
BUT, UH, LET ME KIND OF START ASKING A FEW QUESTIONS HERE.
HAVE WE DONE THE RESEARCH, HOW MANY BUSINESSES HERE IN SAN ANTONIO ACTUALLY OFFER PAID SICK LEAVE? WE DID HAVE A RESEARCH COMMITTEE.
I DON'T KNOW THAT I CAN SPEAK DIRECTLY TO THE NUMBERS.
WHAT I WILL SAY IS THAT WE HAVE A LARGE NUMBER OF EMPLOYERS, OF COURSE, WHO HAVE PAID TIME OFF POLICIES, WHICH WOULD INCORPORATE PAID SICK LEAVE.
BUT, BUT BECAUSE SICK LEAVE IS NOT, YEAH.
UM, WE DON'T HAVE A NUMBER, UH, WE'LL GET BACK TO YOU IF WE DO HAVE SOMETHING FROM THE RESEARCH COMMITTEE, BUT THE SURVEY THAT WE DO HAVE UP AND RUNNING DOES ASK THAT QUESTION OF EMPLOYERS, UM, WHETHER THEY OFFER SICK LEAVE AS IT'S DEFINED WITHIN THE CONTEXT OF THIS ORDINANCE AND ITS PROPOSED CHANGES, OR IF THEY OFFER PAID TIME OFF AS WELL.
IS THAT GONNA BE DIVIDED INTO LARGE AND SMALL BUSINESSES? YES, SIR.
UM, WE DO ASK A QUESTION AS WELL THAT ASK THEM TO LIST HOW MANY EMPLOYEES THEY HAVE SO THAT WE CAN DETERMINE IF IT'S A MICRO BUSINESS, SMALL BUSINESS, OR LARGER EMPLOYER.
IS THAT THAT, UH, SPEAK UP? YES, SIR.
UM, ARE WE ASKING FOR THEIR PERSONAL CONTACT INFORMATION THAT, ON THAT WE ARE.
THAT WAY WE CAN FOLLOW UP WITH RESULTS OF THE SURVEY AND NEXT STEPS IN THE PROCESS.
DO WE NORMALLY ASK FOR POINTS OF CONTACT AND THEIR, THEIR INFORMATION ON ANY OF OTHER ESSAY SPEAK UP? WE DO.
IT'S REQUIRED BY ALL OF OUR SURVEYS, AND IT'S OPTIONAL FOR RESIDENTS TO FILL THAT OUT.
UM, IN YOUR OPINION, WHAT WILL HAPPEN TO PRICES OF GOODS AND SERVICES HERE IN TOWN TO ENACT THIS ORDINANCE? WELL, I THINK THE, WE HAD A BRIEFING EARLIER ABOUT THE ECONOMIC IMPACT OF IT.
UM, I DON'T KNOW THAT I CAN SPEAK TO OR GIVE AN OPINION ABOUT THAT.
I KNOW THAT IT WAS HEAVILY DISCUSSED AMONGST THE COMMISSION MEMBERS AS TO THE IMPACT OF, UH, BUSINESS, WHETHER IT'S NEW BUSINESSES COMING INTO SAN ANTONIO AND WHETHER OR NOT, UH, THEY WOULD BE INCLINED TO COME TO SAN ANTONIO BECAUSE OF SUCH AN ORDINANCE OR NOT.
UH, AND I COULD JUST TELL YOU THAT THE PERSPECTIVES WERE COMPLETELY EVENLY SPLIT, SPLIT IN TERMS OF WHETHER OR NOT IT WOULD HAVE A NEGATIVE, UH, ECONOMIC IMPACT OR, OR THE COST.
I THINK THE ORIGINAL SLIDE THAT DR.
BRIDGERS ORIGINALLY TALKED ABOUT ADDRESS SOME COSTS ASSOCIATED WITH IT.
UH, I DON'T RECALL WHAT THAT ACTUAL ONE, FORGOT WHAT THAT NUMBER IS.
ARE YOU TALKING ABOUT THE YEAH.
I, I'LL GET TO THAT IN JUST A MOMENT.
UM, SO TEXAS IS AN AT WILL EMPLOYMENT STATE, RIGHT? THAT'S CORRECT.
IS NEW JERSEY, I DON'T KNOW WHAT NEW JERSEY IS OR IS CALIFORNIA, ARE THOSE TWO STATES AT WILL EMPLOYMENT? I DON'T KNOW.
UM, AND IN THIS NIVEN REPORT, IT ONLY TALKS ABOUT THESE STATES THAT ARE NOT AT WILL EMPLOYMENT.
AND YOU KNOW, I, I, I GOT A PROBLEM WITH THAT BECAUSE WE'RE IN TEXAS AS AN AT-WILL EMPLOYMENT, UM, STATE, AND I CAN SEE RAMIFICATIONS OF IMPLEMENTING THIS AND HAVE WORKERS BE LAID OFF.
UH, THEIR WAGES GO DOWN, AND WHO DOES THAT HURT? THE WORST.
IT'S NOT THE BIG COMPANIES THAT CAN AFFORD THIS.
IT'S THE SMALL BUSINESSES AGAIN.
AND LET ME, LET ME, UH, GET TO THAT.
LET GET TO THAT, UH, CHART YOU WERE JUST, UH, TALKING ABOUT HERE IS ON PAGE 20, TABLE ONE, COSTS AND BENEFITS OF PAID SICK LEAVE TO SMALL BUSINESSES.
I'M ASSUMING THAT THIS DATA WAS COLLECTED JUST FOR SMALL BUSINESSES.
SO THE COST OF PAID SICK LEAVE $16 MILLION.
TOTAL BENEFITS TO THE COMPANY IS $10 MILLION.
AND THEN THERE'S SOME INCREASED PRODUCTIVITY, REDUCED TURNOVER, REDUCED FLU CONTAGION.
THOSE ARE, THOSE ARE SQUISHY NUMBERS.
THOSE AREN'T BASED ON ANY REAL HARD FACTS.
[01:30:02]
THAT 16 MILLION IS A HARD NUMBER THAT'S CALCULATED ON WHAT IT WOULD COST THEM TO OFFER THAT.WELL, BUT THOSE ARE HARD NUMBERS BASED ON HIS CALCULATIONS ON HOW BIG THE COMPANIES ARE, WHAT THEY OFFER IN PAY AND BENEFITS CURRENTLY.
SO I JUST, I DO WANT TO CLARIFY.
ALL OF THE NUMBERS IN HIS REPORT ARE ESTIMATES.
SO WHEN HE MENTIONS THE $16 MILLION, THAT'S BASED ON THE ASSUMPTION OF EMPLOYEES USING 2.6 PAID SIX DAYS A YEAR.
WE DON'T KNOW IF THAT'S WHAT'S ACTUALLY GOING TO HAPPEN.
UM, BUT IT'S A, IT'S AN ASSUMPTION STEEPED IN THE RESEARCH, JUST LIKE ALL OF THE OTHER, UM, NUMBERS THAT HE USED, HE ALSO CALCULATED AN HOURLY RATE BASED ON SOME AVERAGES OF ABOUT $17 AN HOUR.
SO FOR EMPLOYERS WHO PAY LESS THAN $17 AN HOUR, THEIR COSTS WOULD BE LESS THAN THAT.
AGAIN, UM, THAT'S A LITTLE BIT EASIER TO CALCULATE THAN INCREASED PRODUCTIVITY OR REDUCED TURNOVER, OR REDUCE FLU CONTAGION.
SO WHAT I'M GETTING AT HERE, IRRESPECTIVE IF, WHAT IF THIS IS JUST ESTIMATES OR HARD NUMBERS, WHAT'S THE DELTA THERE? THE COST OF PAID SICK LEAVE TO THOSE SMALL BUSINESSES AND THE TOTAL BENEFITS, THERE'S STILL A $6 MILLION DELTA THERE.
WHERE, WHERE ARE THEY GONNA RECOUP THAT MONEY FROM? HOW ARE THEY GONNA, HOW ARE THEY GONNA COME UP WITH THE DOLLARS TO RECOUP THAT COST? AND, AND AGAIN, UM, I GO BACK TO THE ORIGINAL REASON WHY THE COMMISSION DID WHAT THEY DID.
THERE IS A PAID SICK LEAVE ORDINANCE THAT EXISTS IN THE CITY OF SAN ANTONIO.
THE COMMISSION'S WORK WAS TO IMPROVE THAT ORDINANCE, BUT NOT TO REPEAL IT.
UM, SO THIS IS, YOU KNOW, PHILOSOPHICALLY I UNDERSTAND THERE ARE PEOPLE WHO ARE OPPOSED TO THE ORDINANCE.
UM, THE WORK OF THE COMMISSION, HOWEVER, WAS TO MAKE IT BETTER, TO MAKE IT MORE DEFENDABLE, TO MAKE IT MORE UNDERSTANDABLE, MORE EQUITABLE, AND THROUGH A PUBLIC HEALTH LENS.
UM, BUT I'M JUST LOOKING AT THE HARD FACTS HERE THAT THOSE ESTIMATES, THE WAY THEY SHOW RIGHT NOW, THEY'RE GONNA HAVE TO COME UP WITH A DIFFERENCE, $6 MILLION.
AND THAT'S EITHER BE GONNA BE DONE BY LETTING PEOPLE GO, REDUCING THE WAGES, ET CETERA, BECAUSE WE ARE A RIGHT TO WORK STATE HERE, AND THEY'RE GONNA HAVE TO MAKE PAYMENT ON THOSE BILLS.
THEY'RE NOT GONNA BENEFIT ON THAT OTHER, UM, THOSE OTHER THINGS THAT BENEFITS TO THE COMMUNITY, THEY'RE NOT GONNA BENEFIT WHATSOEVER FROM THAT.
THEY'RE GONNA HAVE TO COME UP WITH HARD DOLLARS TO PAY FOR THIS.
SO YES, THIS IS A, UM, AN EXERCISE TO TRY TO IMPROVE THE ORDINANCE.
I GO BACK TO WHEN THIS WAS FIRST PUT TOGETHER, THIS SHOULD HAVE BEEN DONE UPFRONT AND NOT SUBMITTED THE WAY IT WAS.
UM, NOW TO GET TO YOUR POINT, THE LEGALITY, I WOULD SAY, AND MAYBE THIS GOES TO THE LEGAL FOLKS, LEGAL, YOUR THING, THESE CHANGES.
IS IT, IS THE P S L LEGAL NOW, OR IS IT JUST A LITTLE LESS ILLEGAL? L LET ME FIRST ADDRESS YOUR ORIGINAL POINTS OF, SO WE'VE LEARNED THAT, SO BOTH NEW JERSEY AND CALIFORNIA ARE ALSO AT WILL STATES.
WE DID A COMPARISON OF, UH, OTHER MUNICIPAL ORDINANCES OUT THERE.
UH, CHICAGO, LOS ANGELES, MINNEAPOLIS, NEWARK, NEW YORK, OR OAKLAND, PHILADELPHIA, PORTLAND, SAN DIEGO, SAN FRANCISCO, AND SEATTLE.
ALL OF THOSE, UH, MUNICIPALITIES AND CITIES HAVE PAID SICK LEAVE ORDINANCES.
AND AS I MENTIONED, NEW JERSEY AND CALIFORNIA ARE AT WILL.
UH, THERE'S A FAIRLY, UH, COMMON PHENOMENON OUT THERE.
BUT IN TERMS OF YOUR QUESTION ABOUT LEGAL, THERE WERE THREE OF US ON THE COMMISSION WHO ARE ACTUALLY ATTORNEYS, MYSELF INCLUDED.
AND WE HAD THE, UH, GREAT BENEFIT OF HAVING THE CITY ATTORNEY STAFF, UH, DO A GREAT DEAL OF RESEARCH.
UH, WE RECOGNIZE THAT THERE ARE LEGAL CHALLENGES OUT THERE.
WHAT OUR GOAL WAS, WAS TO MAKE OURS BETTER AND TO NOT FALL INTO THE TRAP THAT PERHAPS, UH, OUR OTHER SISTER CITIES HAVE FALLEN INTO.
SO WE'VE TRIED TO ADDRESS THE KNOWN LEGAL ISSUES OUT THERE, AS WELL AS THE ONES THAT PERHAPS WERE NOT ADDRESSED AT ALL PREVIOUS TO OUR ORDINANCE.
SO, UH, I DON'T KNOW THAT IT WOULD BE SAFE TO SAY OR FAIR TO SAY THAT ANYTHING ABOUT THE ORDINANCE IS ILLEGAL.
HOWEVER, THERE ARE LEGAL CHALLENGES THAT, UH, WILL NEED TO BE ADDRESSED.
AND WE THINK WE'VE DONE, WE'VE GOT A PRETTY GOOD ORDINANCE TO WITHSTAND SCRUTINY.
[01:35:03]
LIZ, DO WE, I MEAN, WOULD YOU LIKE TO, UH, ADD TO THAT ED OR LIZ? YEAH, LET'S, LET'S ADD TO THAT.THANK YOU, COMMISSIONER HARGROVE.
WE JUST WANTED TO ADD, AS YOU KNOW, WE ARE IN LITIGATION OVER OUR P S L ORDINANCE, AND SO, UM, THE EXTENT TO WHICH YOU WOULD LIKE TO GET INTO ANY SPECIFICS, WE'RE HAPPY TO, UM, ADDRESS THOSE IN AN EXECUTIVE SESSION SO THAT WE COULD HAVE MORE SPECIFIC DISCUSSION ABOUT THAT.
BUT I THINK THE CA THE CHARACTERIZATION BY, UM, MS. HARGROVE IS SPOT ON.
UM, SO WE, WE ARE IN LITIGATION RIGHT NOW.
AND WHEN DID THAT HAPPEN? UH, WE GOT SUED RIGHT BEFORE THE INITIAL DATE OF, UM, IMPLEMENTATION.
AND WHERE IS THAT IN PROCESS RIGHT NOW? AS YOU KNOW, WE HAVE, UH, PROCEEDINGS ABATED SO THAT THE COMMISSION COULD CONTINUE TO DO ITS WORK AND COME BACK WITH RECOMMENDATIONS TO YOU ALL.
AND THE LATEST STATE THAT, THAT ABATEMENT WOULD BE IN EFFECT TILL IS NOVEMBER.
SO STILL A LITTLE BIT MORE TIME? YES, SIR.
AND EXPLAIN TO ME AGAIN, AND I KNOW THIS HAD BEEN ASKED A COUPLE OF TIMES, BUT ONE MORE TIME, IF A BUSINESS IS ON SOME OF OUR CITIES THAT ARE WITHIN THE CITY LIMITS OF SAN ANTONIO OR RIGHT OUTSIDE THE, UH, CITY OF SAN ANTONIO, IF THEY'RE DOING BUSINESS WITHIN SAN ANTONIO, THEY WOULD BE MANDATED TO USE THIS AS WELL.
UH, I'M, I'M GONNA ASK, BECAUSE WE'VE HAD SUCH GREAT CONVERSATION ABOUT THAT, I THINK, UH, IT'S A LITTLE MORE VERSATILE.
SO IF I UNDERSTAND THE QUESTION YOU'RE ASKING, IF AN OUT OF TOWN COMPANY IS DOING BUSINESS HAS AN EMPLOYEE THAT IS WORKING WITHIN THE CITY LIMITS, CORRECT? YES.
THEN THAT EMPLOYEE WOULD ACCRUE SICK LEAVE WITHIN SAN ANTONIO, THAT EMPLOYER WOULD HAVE TO ABIDE BY THIS ORDINANCE.
SO ARE THERE ANY LIMITATIONS ON THAT? I MEAN, IS THAT FOR ANY COMPANY? I'M TALKING ABOUT TRUCKING COMPANIES COMING THROUGH TOWN.
UM, AIRLINES, THE RAILROAD RAILWAY LABOR ACT THAT WAS ALREADY MENTIONED ADDRESSES, RAIL, RAILROADS, OTHER TRANSPORTATION, COMMON CARRIER COMPANIES THAT FALL UNDER THAT.
UH, THAT'S BECAUSE, UH, F A A AND F R A HAVE SPECIFIC STANDARDS AND HOUR REQUIREMENTS FOR REST DUTY TIMES THAT CONFLICT AS WELL AS, UH, COLLECTIVE BARGAINING AGREEMENTS.
SO THEY'RE NOT INCLUDED WITHIN THIS ORDINANCE, BUT OTHER EMPLOYERS, IF YOU HAVE A CONSTRUCTION COMPANY THAT IS IN SHIRTS AND THEY SEND A CREW IN TO DO A ONE YEAR JOB HERE, THE EMPLOYEES THAT ARE HERE WORKING FOR THAT ONE YEAR WOULD ACCRUE SICK LEAVE UNDER THE ORDINANCE.
SINCE WE'VE PASSED THIS ORDINANCE, HAS THE, UH, UM, HAVE WE PUT THIS OUT IN OUR ECONOMIC DEVELOPMENT? UM, FOLKS DO, DO THEY NOTIFY PEOPLE THAT WE'VE NOW ENACTED THIS ORDINANCE AND THEY'D BE SUBJECT TO THIS IF THEY DO WORK HERE IN SAN ANTONIO? SO AFTER THE ORDINANCE WAS PASSED BY COUNCIL METRO HEALTH ORGANIZED COMMUNITY LISTENING SESSIONS.
AND SO, UM, WE HAD FIVE OR SIX COMMUNITY LISTENING SESSIONS THAT HAD ANYWHERE FROM 50 TO 200 PLUS PEOPLE WHO SHOWED UP.
WE WENT THROUGH A PRESENTATION ABOUT WHAT WAS INCLUDED, AND THEN WE SPENT SOMETIMES AN HOUR AND A HALF ANSWERING QUESTIONS.
UM, WE ALSO HAVE, UM, PAID ADVERTISING TO NOTIFY EMPLOYERS OF THIS.
AND IT'S APPLICABILITY NOW WHEN THE, UM, STAY WENT INTO EFFECT AND THE COMMISSION BECAME CLEAR THAT THERE WOULD BE CHANGES TO THE ORDINANCE.
WE HAVE PAUSED THAT WORK UNTIL THE, UM, THE COUNCIL TAKES ACTION ON A REVISED ORDINANCE, AT WHICH POINT WE'LL RESUME THAT WORK OF NOTIFYING THE COMMUNITY, INCLUDING ECONOMIC, INCLUDING ALL OF YEAH.
AND, AND THEY'VE BEEN IN THE LOOP? THEY'VE BEEN IN THE LOOP, YES, SIR.
UM, WELL, I STILL HAVE GRAVE CONCERNS ABOUT THIS PAID SICK LEAVE OR WHATEVER THE NEW TERMINOLOGY IS AND, AND WHERE, WHERE WE'RE HEADED WITH THIS LAWSUIT AND WHAT RAMIFICATIONS, ESPECIALLY FOR OUR BUSINESSES HERE IN SAN ANTONIO AND NOT THE LARGE BUSINESSES.
I MEAN, ONE OF THE NON, DID WE HAVE A NON-PROFIT REPRESENTATIVE ON THE, ON THE, UH, WE DID COMMITTEE.
WE DID, AND ACTUALLY WE MET, THE AD HOC COMMITTEE MET, AND THERE WERE PRESENTATIONS FROM, UH, CITIZENS TO BE
[01:40:01]
HEARD, AS WELL AS ONE OF OUR PRIMARY, UH, COMMISSION MEMBERS IS A, UH, WAS WITH A NONPROFIT.SO WE DID GET SOME SIGNIFICANT INPUT FROM THEM IN COURT AND, AND ADDITIONAL EMAILS AND SUGGESTED REVISIONS TO THE ORDINANCE.
SO ALL OF THAT HAS BEEN TAKEN INTO CONSIDERATION.
UM, AGAIN, UH, JUST WANTED TO, UH, TO RESTATE THAT OUR FOCUS FROM THE VERY BEGINNING HAS BEEN TO SORT OF WORK WITH WHAT WE HAVE AND NOT DEBATE THE ISSUE OF WHETHER OR NOT IT IS OR IS NOT, UM, APPROPRIATE TO HAVE A SICK AND SAFELY POLICY.
THAT WAS SORT OF, UH, WE'RE, WE'RE HERE NOW.
WELL, THANK YOU FOR YOUR WORK.
UM, LIKE I SAID, I, I, I VOTED AGAINST THIS TO BEGIN WITH AND, UM, I STILL HAVE SOME CONCERNS ABOUT THE LEGAL ISSUES THAT WE'RE ENTWINED WITH NOW AND, UH, WHERE THIS IS GONNA BE TAKING US AND ALL THIS WORK WE'RE PUTTING INTO THIS THING.
IS IT ALL GONNA WORK OUT AT THE END OF THE DAY? I'M NOT SO SURE IT WILL, BUT HAVING SAID THAT, THANK YOU VERY MUCH.
THANK YOU, DANIELLE AGAIN FOR ALL OF YOUR WORK AND TO ALL THE COMMISSIONERS.
UM, ERIC, UM, ED, JUST TO PUT MY, UH, RECOMMENDATIONS AND THOUGHTS IN FOR WHAT'S BEEN DISCUSSED UP HERE.
I WOULD LIKE US TO CONSIDER SOME OF THE, UM, IDEAS AND THE RECOMMENDATIONS THAT COUNCIL MEMBER BELA HAS MOVED FORWARD, SPECIFICALLY WHEN WE'RE TALKING ABOUT THE INTERNSHIPS AND THE IMPACT THAT THIS COULD HAVE WITH OUR AMBASSADOR PROGRAM AND OUR IN SOME, OUR INTERNSHIP PROGRAM AND ALL OF THESE INCENTIVES THAT WE'RE WORKING ON WITH OUR WORKFORCE DEVELOPMENT PROGRAMS. WHAT KIND OF AN IMPACT WOULD THAT HAVE ON US? WHERE CAN WE LOOK AND SEE SOME SORT OF, UM, MANEUVERING IN, UM, OUR ORDINANCE? I AM IN SUPPORT OF CONSIDERING LOOKING AT THAT, AND I APPRECIATE THIS DISCUSSION.
UM, AND WHAT KIND OF IMPACT THIS COULD EVEN HAVE.
I KNOW WE'RE TRYING REALLY HARD TO GET FILM INDUSTRIES TO COME AND WORK HERE IN SAN ANTONIO FOR MORE THAN JUST A COUPLE OF DAYS, BUT TO STAY ON WEEKS ON END.
SO WHAT KIND OF IMPACT THAT THIS COULD POTENTIALLY HAVE? UM, I THINK IT COULD BE BETTER AND HELPFUL AND NOT, UM, AN UNDUE BURDEN THAT WE'RE NOT LOOKING AT.
IN YOUR DE I'M SORRY, EXCUSE ME.
IN YOUR DELIBERATIONS, I JUST WANTED YOU TO KNOW THAT THERE WAS SIGNIFICANT DISCUSSION ABOUT THAT AND THE CONCERN, SORT OF THE EQUITY PIECE WITH LOCAL BUSINESSES HERE, AND SO TO REQUIRE IT FOR LOCAL BUSINESSES, BUT NOT FOR OUTSIDE.
UH, THAT WAS A HEAVILY DISCUSSED, UH, ITEM.
AND SO THAT'LL BE SOMETHING THAT YOU'LL WANT TO TALK ABOUT.
SO, AND, AND ON THAT POINT, I'LL, I'LL JUST SAY, UM, I THINK WHAT WE NEED TO DO, AND MAYBE YOU CAN INFORM US LATER ON, IS WHATEVER THE TRANSCRIPT OR THE, UH, MINUTES WERE FROM YOUR DELIBERATIONS OR YOUR CONVERSATIONS IN THAT END TO LET US KNOW WHAT IT WAS.
BUT, UM, BECAUSE THE, THE DECISION DOES REMAIN ON US, THIS IS WHAT WE'D LIKE TO SEE Y FOR Y'ALL TO LOOK.
UM, THANK YOU VERY, VERY MUCH, MAYOR, UH, CHAIR HARGROVE, THANK YOU VERY MUCH FOR YOUR DILIGENT WORK.
UM, I AGREE WITH COUNCILMAN BLIS THAT YOU'RE PROBABLY THE BEST PERSON THAT, UH, COULD HAVE DONE THIS.
I DON'T KNOW MANY ARBITRATORS MY MYSELF, BUT YOU SEEM LIKE AN EXCELLENT ONE.
THANK YOU VERY MUCH FOR YOUR WORK.
IT DOES REMIND ME WHEN COUNCILWOMAN ADRIANA GARCIA ROCHA WAS THE CHAIR OF THE ETHICS REVIEW BOARD, SHE CAME TO GIVE US A PRESENTATION ON HER, ON THE BOARD'S RECOMMENDATION.
AND I THINK I AT LEAST WAS A LITTLE BIT UNGRACIOUS AND FORGOT THAT SHE WAS DOING THIS AS A VOLUNTEER DUTY, AND WE REALLY BEAT HER UP AT THE, AT THE PODIUM, AND I APOLOGIZE FOR THAT.
UM, BUT I WILL TRY TO KEEP IN MIND THAT YOU ARE A VOLUNTEER AND WE THANK YOU VERY MUCH FOR, FOR YOUR WORK.
UM, I ALSO WANNA THANK THE COMMISSION MEMBERS.
UH, MY APPOINTEES IN PARTICULAR WERE DR.
ALTA CANTU, WHO'S FACULTY AT UT HEALTH AND, UH, JOLENE GARCIA WITH, UH, WORKING TEXANS FOR PAID SICK.
UH, BOTH OUR NONPROFITS, UH, BY THE WAY, UM, I, UH, I'M GONNA JUMP TO WHAT COUNCILWOMAN VERAN MENTIONED, AND, AND I AGREE, UM, YOU KNOW, WE GOT THE CHANGES, UH, THE PROPOSED CHANGES TO THE ORDINANCE, AND IT, IT WOULD BE GOOD TO SEE SORT OF A SUMMARY, UH, REPORT.
AND, AND I REALIZE I'M, I'M TASKING YOU WITH MORE WORK, BUT ON WHAT WERE THE ISSUES THAT WERE DISCUSSED AND WHICH ONES WERE STILL LEFT UNRESOLVED THAT WE REALLY NEED TO, THAT, THAT WE SHOULD CONSIDER TACKLING OURSELVES.
YOU MENTIONED THE ONE ABOUT, UM, TRANSIENT EMPLOYEES.
WERE THERE ANY OTHER BIG ONES THAT COME TO MIND? WELL, THERE WERE SEVERAL, BUT WE CAME TO A CONCLUSION ON SOME OF THOSE.
SO WE MAY HAVE TO GO BACK AND SORT OF REINVENT THAT.
UM, I APOLOGIZE FOR MAKING YOU DO MORE WORK.
I JUST WANNA MAKE SURE THAT WE'RE THOROUGH IN ANYTHING THAT YOU HAD EXPECTED US TO TAKE ON AT OUR LEVEL,
[01:45:04]
AND WE CAN COME BACK TO THAT, OR, OR YOU CAN EMAIL THAT TO US.JUST TO CLARIFY, ARE YOU LOOKING FOR ITEMS THAT WERE NOT BROUGHT TO CONSENSUS? CORRECT.
'CAUSE EVERY RECOMMENDATION THAT WAS BROUGHT TO YOU WAS EITHER A MAJORITY VOTE OR A CONSENSUS.
UH, SO YOU LOOKING FOR THOSE ITEMS THAT WERE MAJORITY VOTE, BUT THERE WAS STILL SOME DISAGREEMENT ON, UM, NO.
ANYTHING THAT YOU DO NOT HAVE A RECOMMENDATION ON, BUT YOU STILL FEEL IS SOMEHOW OUTSTANDING? FOR INSTANCE, THE ISSUE ABOUT, I DON'T THINK YOU, THERE'S NOTHING, I DON'T THINK THERE'S ANYTHING THAT, OKAY.
WE HAVEN'T MADE A RECOMMENDATION.
SO 15,000 2 72, UH, THERE WE, THAT WAS UNANIMOUS EXCEPT FOR, AND THEN THERE WERE THE PROVISIONS WITH REGARD TO 2 72 B 3 2 72 B 5 2 72 C ONE A AND 2 72 C ONE B.
UH, THOSE WERE SOME ITEMS THAT, UH, WE HAD SOME DISCUSSION AND EXCEPTION THAT I THINK THAT IT WOULD BE APPROPRIATE FOR CITY COUNCIL TO FOCUS ON.
'CAUSE I, I SUSPECT THAT YOU'LL BE, YOU'LL HAVE THE SAME DISCUSSIONS THAT WE HAD AND, UH, YOUR DECISION MAKING WILL BE KEY THERE.
OTHERWISE, UH, EVERY OTHER PROVISION, WE CAME TO A UNANIMOUS VOTE AND WE WORKED UNTIL WE GOT THAT POINT.
UM, IT'S JUST WHEN I HEARD THE COUNCILMAN TALK ABOUT, UM, INTERNSHIPS OR TRANSIENT THINGS, YOU SAID IT HAD BEEN DISCUSSED AD NAUSEUM AND HAD YOU COME TO A CONCLUSION ON THAT.
SO THE, THE COORDINATES AS YOU SEE IT, IS THE CONCLUSION THAT WE CAME TO OKAY.
WITH REGARD TO, UH, TRANSIENT.
I DON'T KNOW THAT WE TALKED ABOUT, UM, SOME OF THE OTHER SUB, YOU KNOW, OTHER AREAS THAT WERE TALKED ABOUT.
BECAUSE I DON'T KNOW THAT WE TALKED ABOUT SOME OF THOSE AREAS.
SO, UM, I, I HAVE A FEW RECOMMENDED, UM, UH, SUGGESTIONS FOR THE LANGUAGE OR THINGS THAT I'D LIKE TO SEE.
SOME OF THESE WERE ALREADY MENTIONED BY MY COLLEAGUES, BUT I'LL, UH, I'LL STATE THEM FOR, FOR THE RECORD, UM, IN SECTION 15 2 72 C REGARDING USAGE REQUIREMENTS ABOUT THE ELIGIBILITY PERIOD.
UM, I WOULD LIKE TO SEE THAT AT, UH, 90 DAYS.
UH, I KNOW IT WAS ORIGINALLY 60, UM, AND THAT'S, UM, SOME EMPLOYERS WILL BE ABLE TO KEEP 180 DAYS AS WRITTEN.
I DO THINK HALF OF A YEAR IS TOO LONG TO GO WITHOUT ACCESS TO, TO SICK LEAVE.
UM, SO THE OTHER ONE IS SECTION 15 2 76 B.
I DO CONCUR WITH, UH, MY COLLEAGUE COUNCILWOMAN CAB HDA ABOUT THE FACT THAT THE WAY THE LANGUAGE IS WRITTEN, IT DOESN'T, IT, IT DOES READ AS IF IT DOES BAR AN EMPLOYEE FROM BRINGING IT, UM, ANY LATER.
THE LANGUAGE SAYS MUST, UM, IT SO IT DOESN'T SOUND ASPIRATIONAL.
AND, UM, YOU KNOW, I I ALSO AGREE WITH COUNCILMAN TINO.
UM, WHAT I'M THINKING OF IS SOMEONE WHO MAY HAVE A LONG-TERM ILLNESS, UH, LIKE CANCER OR SOMETHING WHO, WHO MAY NOT BE ABLE TO COME BACK TO WORK RIGHT AWAY, REALLY FILING SOMETHING LIKE THIS IS PROBABLY AT THE BOTTOM OF THEIR LIST, BUT STILL, BUT STILL NECESSARY.
UM, SO I WOULD LIKE TO SEE THAT PERIOD EXTENDED AS AS WELL.
UM, I HAVE A QUESTION ABOUT, UH, SECTION 15 2 72 D REGARDING EMPLOYERS WHO, UH, ARE SUSPECTING ABUSE OF THE ORDINANCE.
AND, UH, THE TRUTH IS, I THINK THIS WAS PROBABLY ONE OF THE BIGGEST CONCERNS IS, UH, SUSPECTING ABUSE RIGHT OF THE ORDINANCE BY, BY ANYONE WHO'S, WHO'S AN EMPLOYER.
UM, I JUST, UH, WOULD LIKE TO SEE SOME LANGUAGE, AND I BELIEVE THE ATTORNEYS ARE ALREADY WORKING ON, ON SOME LANGUAGE ABOUT THIS, IS MY CONCERN IS THAT THERE MAY BE SOME KIND OF BIAS ON BEHALF OF THE EMPLOYER, UM, REGARDING, UH, SUSPECTING ONE EMPLOYEE, BUT NOT ANOTHER, WHEN SIMILAR, UH, PATTERNS ARE SEEN.
SO, UM, I'D LIKE TO SEE SOME LANGUAGE IN THERE THAT, UH, BASICALLY REMINDS THE EMPLOYER THAT THEY, YOU KNOW, THEY, THEY CAN'T REALLY DISCRIMINATE.
SO, UM, NOT PROHIBITING THEM FROM, FROM WHAT THE ORDINANCE ALLOWS FOR, BUT, UH, KIND OF PROTECTING THE EMPLOYEES FROM, FROM THAT.
I THINK THERE IS A PROVISION IN THERE, BUT WE PROBABLY COULD MAKE THAT A LITTLE MORE LIKE EXPLICIT.
YEAH, EXPLICIT AS, AS IT APPLIES TO ANTI-DISCRIMINATION AND OR RETALIATION PROVISIONS.
COUNCILWOMAN, THERE IS A RETALIATION PROVISION.
SO SOME OF IT WOULD FALL UNDER THAT IF THERE WAS ANY ADVERSE ACTION TAKEN THAT, UH, ESSENTIALLY FALLS IN A RETALIATION.
BUT ALSO WE, WE DO ALREADY HAVE LANGUAGE THAT COULD BE ADDED IN THAT ADDRESSES, UH, ANY SORT OF, UM, VIOLATION OF
[01:50:01]
EXISTING STATE AND FEDERAL DISCRIMINATION LAWS AS WELL.SO I THINK THAT WOULD ADDRESS YOUR CONCERN.
IT SAYS EXISTING LAWS, IT DOESN'T SAY EXISTING DISCRIMINATION.
NO, WE HAVE NO, AND THAT'S WHY I SAID WE HAVE ADDITIONAL LANGUAGE THAT WE'LL ADD THAT ADDRESSES YOU WILL ASK BY PUTTING THAT IN THERE.
UM, THE OTHER, UH, THE OTHER RECOMMENDATION I HAVE IS SECTION 15, 2 79 SAYS, UM, THE DIRECTOR MAY PREPARE AN ANNUAL REPORT.
I'D LIKE TO SEE THAT AS SHALL PREPARE AN ANNUAL REPORT.
AND, UH, THOSE ARE, THOSE ARE THE PRE THOSE ARE THE BIG CHANGES THAT, THAT I WOULD, UH, I WOULD SUGGEST I, AGAIN, I WANNA THANK YOU CHAIR FOR, FOR ALL OF YOUR WORK AND, UM, I, I AM JUST VERY EXCITED FOR, FOR THE FUTURE OF SAN ANTONIO WITH THE IMPLEMENTATION OF THIS ORDINANCE.
I THINK IT'S GOING TO, I KNOW LIKE YOU SAID, THIS IS NOT THE PHILOSOPHICAL DISCUSSION, UH, PORTION OF IT, BUT I, I CAN'T LET THE OPPORTUNITY GO BY WITHOUT, UH, SAYING THAT I BELIEVE THIS WILL BRING, UH, SOME OF OUR MOST VULNERABLE WORKERS, SOME ECONOMIC MUCH NEEDED ECONOMIC STABILITY, YOU KNOW, UH, THE ABILITY TO MAINTAIN THEIR JOB IF THEY HAVE TO CALL IN SICK FOR ONE DAY AND TO NOT SEND THEIR, UH, MONTHLY BUDGETS INTO COMPLETE DISARRAY OR HAVE, YOU KNOW, SOME SORT OF, UM, TERRIBLE ILLNESS AND THEN HAVE CATASTROPHIC DEBT BECAUSE OF IT.
SO I'M JUST, UH, REALLY GLAD TO SEE THAT.
AND OF COURSE, IT'S GOING TO BE GREAT FOR THEIR HEALTH AND THAT OF THEIR FAMILIES AND OF OUR WHOLE COMMUNITY.
UM, SO THANK YOU TO THOSE WHO BROUGHT THE PETITION FORWARD, AND THANK YOU TO THE COMMISSION AND STAFF FOR ALL OF THEIR HARD WORK ON THIS.
AND, AND, UH, I, I REALLY JUST WANTED TO THANK EVERYONE FOR ALL THEIR WORK ON THIS AND, AND REALLY TAKING THE TIME, 15 MEETINGS, KIND OF, UH, REALLY, UM, JUST GETTING THE BEST ORDINANCE THAT WE COULD COME UP WITH.
BUT I GUESS I, I JUST WANTED TO ENSURE I DIDN'T, I DIDN'T SEE THIS ANYWHERE IF IT CAME UP OR NOT.
UM, AND WHEN I MET WITH SOME OF THE FOLKS, THEY SAID THAT IT HAD NOT COME UP.
SO I DON'T KNOW IF IT'S COME UP SINCE THEN.
BUT THE COMPLAINT METHOD, UM, DOES IT REQUIRE THE STAFF TO GO ON SITE OF THE AREA WHERE THE COMPLAINT IS BEING FILED? I DON'T KNOW THAT IT REQUIRES IT.
UH, AND I'M NOT SURE THAT THEY WERE INTENDING ON DOING THAT.
I THINK, UH, THERE IS AN INVESTIGATION PROCESS AND WHEREVER THAT INVESTIGATION TAKES THEM, AND IT, I THINK IT'S GONNA BE FAIRLY FACT DETERMINATIVE.
SO, UM, THIS INITIALLY STARTED, UH, IN TERMS OF IT BEING A COMPLAINT DRIVEN PROCESS.
SO ONCE THE COMPLAINT IS FILED, DEPENDING ON WHAT THAT COMPLAINT IS, THEN THEY DETERMINE WHAT THEY'RE GONNA DO DEPENDENT ON THE COMPLAINT.
SO IF THE COMPLAINT IS, MY EMPLOYER NEVER NOTIFIED ME THAT THIS WAS AN OPTION, ONE OF THE REQUIREMENTS IS THAT THERE BE SIGNAGE POSTED AND THAT THINGS ARE INCLUDED IN EMPLOYEE HANDBOOKS.
IT MIGHT BE THAT THE BUSINESS SAYS, YOU'RE WELCOME TO COME ON SITE AND SEE THAT IN EVERY BREAK ROOM OF OUR FACILITY, THERE IS A SIGN POSTED.
UM, SO WHILE IT ISN'T A REQUIREMENT, IT'S PROBABLY SOMETIMES GOING TO GOING TO BE A MUTUALLY AGREED UPON SOLUTION TO THE INVESTIGATION.
SO THIS IS WHERE I HAD MENTIONED THAT I WAS CONCERNED ABOUT HAVING A CITY STAFF OR A GOVERNMENT, ESPECIALLY A HEALTH INSPECTOR, COME ON SITE TO A BUILDING THAT'S LIKELY NOT UP TO CODE.
UH, AND I I'M SAYING THAT FROM PERSONAL EXPERIENCE, COMING FROM A DISTRICT WHERE WE KNOW THAT 70% OF THE BUILDINGS WERE BUILT BEFORE 1960, THAT WE HAVE BUILDINGS THAT ARE NOT IN COMPLIANCE.
SO I UNDERSTAND THAT IT'S A SEPARATE ISSUE, BUT THESE WERE THE THINGS THAT I WAS TRYING TO RAISE WITH A GROUP OF WHAT I WAS AFRAID MAY HAPPEN WHEN YOU HAVE THE GOVERNMENT COMING INTO A, A, A SITE THAT IS OLD, UH, JUST PLAIN AND SIMPLE.
AND I KNOW FROM ALSO HAVING BEEN ON THIS COUNCIL NOW SO MANY YEARS, AND HAVING HAD, UH, EMPLOYEES, UH, RATHER BUSINESS OWNERS COME TO ME AND SAY, YOU KNOW, THERE WAS A COMPLAINT, UH, FOR NOISE.
AND WHEN THE CODE INSPECTOR CAME, UM, HE TURNS OUT I DON'T HAVE THE PROPER, UH, ZONING FOR THIS AREA.
IT TURNS OUT THAT MY, I DON'T HAVE, UM, A C OF O I'VE NEVER HAD ONE.
UH, IT TURNS OUT THAT, UM, MY EQUIPMENT IS NOT UP TO CODE.
AND SO ALL OF THESE THINGS THAT THEN CREATED, UH, INCREDIBLE DISTRESS TO THAT BUSINESS OWNER WHO HAS BEEN DOING THAT SAME WORK FOR MANY, MANY YEARS AND BECAME OUT OF COMPLIANCE
[01:55:01]
WHEN OTHER THINGS WERE UPGRADED.SO WHAT IS THE LIMITATION FOR THE SCOPE OF WORK? SO THE INDIVIDUALS FROM THE HEALTH DEPARTMENT WHO WOULD BE GOING OUT TO DO THE INVESTIGATIONS ARE NOT EVEN HEALTH INSPECTORS.
UM, SO THEY WOULD BE SPECIFIC TO PAID SICK LEAVE.
THAT WOULD BE THE ONLY EXPERTISE THAT THEY WOULD HAVE.
UH, THEY WOULD HAVE NO, UM, EXPERTISE IN CODE, WHAT CODE REQUIRES.
UM, THEY WOULD SIMPLY GO IN, LOOK AT THE SIGNS, CHECK THAT THEY'RE UP, OR SAY, IF THEY'RE NOT UP, WILL YOU PLEASE PUT SOME SIGNS UP, THEN LEAVE.
AND WHAT IS THAT WRITTEN IN THERE SOMEWHERE THAT, THAT, THAT THEY ONLY CAN INVESTIGATE THAT ONE THING BECAUSE WE CAN, I, I AM AFRAID OF THAT.
THIS HAS, AS I MENTIONED TO THE GROUP, UH, I ALSO MENTIONED, SO WHEN THE INSTEAD INSPECTOR COMES IN, OR THE HEALTH DEPARTMENT PERSON COMES INTO THE BUSINESS AND SAYS, WELL, THERE'S BEEN A COMPLAINT FILED.
I WANNA SEE EVERYBODY'S PAYROLL.
UH, AND, UM, AS I, YOU KNOW, I WANNA SEE THE PAYROLL OF ALL THE EMPLOYEES HERE, AND I WANNA SEE, UH, ARE YOU PAYING EVERYBODY ACCORDING TO THIS RULE, EVEN IF THERE WAS A COMPLAINT FILED OR NOT? SO WE CAN PUT SOME CLARIFYING LANGUAGE THAT LIMITS THE SCOPE OF THE ONSITE WORK.
I THINK THERE'S ALREADY PRETTY GOOD CLARITY AROUND WHAT A COMPLAINT IS AND HOW IT'S INVESTIGATED, AND THE FACT THAT WE DON'T HAVE THE POWER TO SUBPOENA PAYROLL, FOR EXAMPLE.
UM, WE REQUIRE THEM TO SHOW US HOW THEIR SYSTEMS WORK.
AND, UH, THAT IS NOT GETTING INTO THE, THE PAYROLL DOCUMENTS.
WELL, UM, BUT WE CAN TWEAK THAT LANGUAGE.
I, YOU KNOW, THAT COULD BE THE, THE LANGUAGE HAS TO BE SPECIFIC TO THE COMPLAINT THAT WAS MADE AND NOT SURROUNDING EVERY ISSUE THAT, UM, IS VERY LIKELY, UH, IN OUR OLD NEIGHBORHOODS THAT PEOPLE ARE NOT IN COMPLIANCE.
AND SO, I MEAN, OF COURSE WE WANT TO BE EVERYBODY TO BE IN COMPLIANCE, BUT WE KNOW THAT THE REALITY IS, UM, YOU KNOW, PEOPLE HAVE BEEN WORKING IN THE SAME JOBS, DOING THE SAME BUSINESS.
I MEAN, MY FAMILY'S BEEN IN BUSINESS FOR 60 YEARS, UH, AND YOU KNOW, WE, UM, OF COURSE WANNA MAKE EVERY EFFORT TO BE IN COMPLIANCE WITH EVERY LAW THAT'S, UH, THAT'S PRESENTED.
AND THEY'RE ALWAYS CHANGING AND OFTEN CHANGING.
AND, UM, BEING IN A BUSINESS THAT'S HIGHLY REGULATED, UH, IT'S VERY COMMON THAT WHEN AN INSPECTOR COMES INTO YOUR STORE, THEY SAY, I WANNA SEE YOUR INSURANCE.
I WANNA SEE THE LICENSE OF EVERY ONE OF YOUR EMPLOYEES, UH, AND CLEAR YOUR DESKS AND, UM, STEP TO THE BACK BECAUSE I'M HERE FOR THE NEXT THREE DAYS.
UH, AND SO THAT'S, THIS IS THE FEAR THAT I HAVE, UH, THAT WILL BECOME, IF WE DON'T PUT SOME VERY TIGHT RESTRICTIONS ON THE LIMITATIONS THAT, UH, AGAIN, AS SHE MENTIONED, I THINK ADDING SOME LANGUAGE TO GIVE SOME CLARITY AND SOME, UM, A SENSE OF WELLBEING ABOUT THAT IS IMPORTANT BECAUSE THERE WAS A GREAT DEAL OF CONVERSATION ABOUT THAT.
UM, THIS IS DESIGNED TO BE A COLLABORATIVE EFFORT BETWEEN THE EMPLOYER AND THE EMPLOYEE SO THAT THE EMPLOYEE EITHER GETS THE TIME OFF OR GETS PAID.
AND, UH, THERE IS, THIS IS NOT AN ENFORCEMENT EFFORT.
THERE ISN'T A, ISN'T A DESIRE TO, TO SORT OF, UM, INCREASE THE CITY'S COFFERS WITH FINES FOR FINDING PEOPLE WHO AREN'T PAYING SICK LEAVE.
THE IDEA IS TO GET THE FOLKS TALKING AND TO GET PEOPLE TO UNDERSTAND WHEN IT APPLIES, WHEN IT DOESN'T, AND TO QUICKLY RESOLVE THAT ISSUE FOR THEM.
AND THAT'S, THAT WAS A BIG PART OF, OF OUR DISCUSSION, BUT I THINK IT'S WELL WORTH SOME LANGUAGE TWEAKS FOR US TO HIGHLIGHT WHAT THE PURPOSE IS AND SCOPE IS OF THAT.
WELL, THANK YOU VERY MUCH AND THANK YOU TO EVERYONE WHO DID SPEND, UM, COUNTLESS HOURS TRYING TO PREPARE SOMETHING THAT WOULD BE ACCEPTABLE AND ABOVE ALL ELSE PAST LEGAL SCRUTINY, BECAUSE WE KNOW THAT THERE'S A FINE LINE THAT WE'RE WORKING THROUGH HERE.
SO THANK YOU ESPECIALLY FOR ALL YOUR WORK AS A VOLUNTEER THAT YOU'VE BEEN NOW PUTTING
BUT IT IS, UH, REALLY, UM, EXCELLENT WORK.
AND THANK YOU ALL TO THE VOLUNTEERS.
AND I'M, I'M NOT GONNA SPEND A LOT OF TIME, UH, A FEW THINGS.
ONE, YOU'RE NOW PUSHING, UH, ABOUT TO CREEP UP ONTO THE SECOND HOUR OF YOU STANDING AT THAT PODIUM.
UM, THE COLLECTIVE BARGAINING AGREEMENTS WERE, UH, CARVED OUT, UH, OF THIS FINAL VERSION.
CAN YOU WALK ME THROUGH WHY I THINK ED WOULD BE OKAY? ED, WALK ME THROUGH WHY I I TRIED TO STAY IN MY NEUTRAL ZONE.
SO, UH, THERE WERE CONCERNS RAISED BY, UH, LOCAL UNIONS ABOUT HAVING,
[02:00:01]
UH, THE LANGUAGE THAT WAS INITIALLY IN THERE THAT, UH, SAID THAT THEY WERE CARVED OUT, NOW THEY'RE ACTUALLY IN.SO THAT, THAT WAS THE CHANGE THAT WAS MADE.
SO I, I, I THINK THE UNIONS HAVE MADE THEIR ROUNDS, UM, HAVE NOW SORT OF MADE THEIR, UH, POINT THAT, UH, THEY REALLY DIDN'T MEAN THAT
AND SO I, I'D BE IN FAVOR OF THAT.
UM, AND I'D, I'D LOVE, AND I, I'LL BE TALKING TO MY COLLEAGUES BETWEEN NOW AND THEN TO SEE IF THAT'S SOMETHING THAT THEY WOULD, THEY'D BE IN FAVOR OF TOO.
BUT THE SECOND THING, UM, I, I KNOW THAT, UM, I, I WAS SITTING HERE READING, AND I WAS LOOKING AT SECTION 15, 2 72 SUB F, AND YOU DON'T HAVE TO LOOK AT IT AT, BUT IT SAYS THAT IF A PERSON WHO'S WORKING HERE IN SAN ANTONIO FOR ONE EMPLOYER GETS TRANSFERRED TO ANOTHER CITY WITHIN THE SAME EMPLOYEE, YOU KNOW, WITHIN THE SAME COMPANY, THAT WHEN THEY'RE IN THAT OTHER CITY, THEY CARRY THE RIGHT TO TAKE THAT PAID SICK LEAVE THAT THEY EARNED HERE TO THAT CITY.
SO I, I DON'T KNOW, I'M, I'M GONNA USE, I'M GONNA USE TOYOTA, RIGHT, AS AN EXAMPLE.
THEY'VE GOT, AT ANY GIVEN TIME, A HUNDRED JAPANESE PEOPLE WORKING HERE WHO AREN'T EMPLOYED BY ANY OF YOU KNOW, ANY OF THE US COMPANIES.
THEY'RE EMPLOYED BY MOTHERSHIP TOYOTA IN JAPAN, AND THEY GET TRANSFERRED QUITE OFTEN.
SO ARGUABLY COLLEEN BRIDGER WOULD SEND CITATIONS OF VIOLATIONS TO THEIR NEXT DESTINATION IF SHE DETERMINES THAT THEY WERE DENIED THE USE OF SAN ANTONIO EARNED, PAID SICK LEAVE IN TOKYO OR BRAZIL OR WHEREVER IT IS THEY WENT TO.
IF ONE OF THOSE EMPLOYEES WERE TO FILE A COMPLAINT THAT, SO THEY'D HAVE TO FILE A COMPLAINT IF IT'S POSSIBLE.
THIS IS COMPLAINT DRIVEN, SO A COMPLAINT WOULD HAVE TO BE FILED.
YEAH, THAT, THAT MAKES A LITTLE SENSE TO ME.
UH, AND, AND I UNDERSTAND WHY THAT WAS INCLUDED, BUT I DON'T THINK WE EVER, EVER, UM, I, I CAN'T THINK OF A SINGLE STA ORDINANCE IN THIS CITY THAT APPLIES TO PEOPLE THAT ARE NO LONGER IN SAN ANTONIO.
UM, AND THAT WE WOULD BE, YOU KNOW, SOMEHOW TRYING TO INVESTIGATE VIOLATIONS OF AN ORDINANCE WHEN THEY'RE, YOU KNOW, IN ANOTHER JURISDICTION.
CAN YOU, DANIELLE? WELL, I DON'T KNOW THAT IT'S A MATTER OF, THIS IS SAN ANTONIO SICK LEAVE.
I MEAN, YOU KNOW, LIKE IT'S CARVED OUT IN THAT PERSPECTIVE.
THEY EITHER HAVE THE LEAVE AND THEY HAVE IT TO USE, UH, WHEN THEY'RE SICK.
I JUST CAN'T THINK OF ANY OTHER ORDINANCE THAT WE ENFORCE ONCE A PERSON IS GONE, YOU KNOW, WELL HOW IS, HOW DIFFERENT IS IT THAN, SAY, VACATION OR ANY OTHER LEAVE OR BENEFIT THAT THEY HAVE THAT ISSUE HERE IS, UH, IF IT'S, IF WE GET A COMPLAINT, WHAT'S THE BASIS OF THE COMPLAINT? AND I DON'T KNOW THAT WE'RE, THE ISSUE OF THE COMPLAINT WOULD BE WHETHER OR NOT THEY, THEY ACCRUED IT AND THEY TRIED TO TAKE IT.
UH, SO I DON'T KNOW THAT IT MATTERS WHERE THEY ARE WHEN THEY TRIED TO TAKE THEIR LEAVE.
AND THEN, UM, THE SECOND THING I WANNA TELL YOU IS I SAW MISSING IN HERE AND I THINK IT'S REALLY IMPORTANT, ED, THAT WE BAKE IN HERE, PROTECTIONS FOR PRIVACY, UH, FOR EMPLOYEES.
IS THAT SOMETHING THAT WAS DISCUSSED? SO, I MEAN, WE'RE GONNA BE GETTING, IF PEOPLE FILE COMPLAINTS WITH US AND WE ASK FOR SUBSTANTIATION AND DOCUMENTS PROVING UP THERE THE MERITS OF THEIR COMPLAINT, WE'RE GONNA BE GETTING A LOT OF PERSONAL INFORMATION.
HOW DO WE PROTECT PEOPLE FROM THAT BEING DISSEMINATED? SURE.
AND, AND, AND JUST INTERNALLY, UH, OUR OFFICE RESEARCHED ABOUT 14 OTHER CITY ORDINANCES.
UH, AND OTHER STATE, UH, LAWS THAT ABOUT 10 OTHER STATE LAWS THAT, THAT ADDRESS PAID SICK LEAVE, ABOUT THREE OR FOUR OF THEM DO HAVE SOME CONFIDENTIALITY PROVISIONS OKAY.
SO WE CAN LOOK AT THOSE AND DETERMINE A, A GOOD PLACE TO PUT ONE IN IF YOU THINK THAT THAT'S IMPORTANT.
UH, LASTLY WHAT I WANNA TELL YOU IS, UM, WHAT I DO LIKE, UH, AND, AND I KNOW THAT IT SOUNDS LIKE I'M JUST PICKING AND CHOOSING THOSE THINGS THAT I DON'T LIKE, UH, BUT I, I DO WANNA COMMEND YOU GUYS.
UM, THE OLD VERSION OF THE ORDINANCE DIDN'T INCLUDE MENTION OF SAME SEX PARTNERS, PROTECTION FOR FOSTER PARENTS, UH, PROTECTION FOR STEP MOMS AND DADS, UH, CARETAKERS OF, YOU KNOW, ADULTS AND, UH, THOSE PEOPLE SERVING IN LOCO PARENTIS.
UM, I THINK THAT'S REALLY FORWARD THINKING OF US.
AND, UH, I COMMEND YOU, DANIELLE AND WHOEVER CAME UP WITH THAT IDEA ON YOUR COMMITTEE TO INCLUDE THAT.
AND, AND ALL CREDIT GOES TO, UH, JOLENE FOR GOOD FOR BRINGING THAT TO OUR ATTENTION.
AND, UH, MS. LENCHI IN OUR OFFICE ACTUALLY FOUND THE, THE LANGUAGE THAT WE WERE ABLE TO TWEAK AND USE FOR THAT.
SO I, THAT, THAT IS A VERY GOOD ADDITION.
THOSE ARE MY, THOSE ARE MY QUESTIONS.
[02:05:01]
REGARDING, UH, THE LABOR, UH, RELATIONS, UM, I, I SUPPORT THE, THE UNION'S, UM, REQUEST TO, UH, TO ALLOW THEM TO, TO NEGOTIATE THAT.NOW, LET IT BE SAID, I DO THINK EVERY UNION MEMBER SHOULD GET PAID SICK LEAVE.
AND I HOPE THAT THAT'S WHAT YOU NEGOTIATE FOR.
HOWEVER, I BELIEVE IN YOUR RIGHT TO NEGOTIATE WHAT, WHAT YOU THINK IS BEST FOR YOUR MEMBERS.
UM, THANK YOU VERY MUCH, MAYOR.
I FORGOT ONE QUESTION AND COUNCILMAN PILL REMINDED ME ABOUT IT, BUT IN THE FAMILY MEMBER, IN THE DEFINITION OF FAMILY MEMBER, IT SAYS SIGNIFICANT OTHERS.
CAN YOU DEFINE SIGNIFICANT OTHERS? IS IT JUST LIKE, IF I HAD A BOYFRIEND, WOULD THAT COUNT? MAY I CARE FOR? SO I WAS JUST TRYING TO FIND THE YES.
UM, SO THERE'S A LOT OF DISCUSSION ON THERE.
I THINK THERE WE'RE LOOKING AT THE FAMILY UNIT, SO, UH, FOR FOLKS WHO LIVE TOGETHER IN, YOU KNOW, SIGNIFICANT RELATIONSHIPS, PARTNER RELATIONSHIPS.
BUT YOU KNOW, YOUR BOYFRIEND WHO LIVES ACROSS TOWN, UH, NOT SO MUCH.
SO, UH, I PERSONALLY WE COULD PROBABLY TWEAK THAT A LITTLE BIT AS WELL.
THAT WAS MY LAST QUESTION AND I'M, I'M GLAD COUNCILMAN EZ HAS SOMETHING 'CAUSE I COMPLETELY MISSED IT.
UH, MS. HARGROVE, THANK YOU SO MUCH FOR STANDING THERE ANSWERING OUR QUESTIONS.
THANK YOU TO THE COMMISSION MEMBERS, THE PETITIONERS, UH, THE MEMBERS OF THE COMMISSION THAT HAVE WORKED VERY HARD ON THIS.
JUST TO BE CLEAR, OUR NEXT STEP IN THIS, IN ADDITION TO THE PUBLIC COMMENT THAT'S GONNA BE HAPPENING, UH, IN THE INTERIM IS OCTOBER 3RD.
UH, THE CITY COUNCIL WILL TAKE ACTION ON PROPOSED REVISIONS.
UH, THAT IN IS IN CONSIDERATION OF THE RECOMMENDATIONS PUT FORWARDED BY THE PAY SS L COMMISSION AS WELL AS THIS COMMENT HERE.
SO, UH, LET ME JUST SUMMARIZE, UH, WHERE I BELIEVE CONSENSUS IS.
IF THERE'S ANY OBJECTIONS TO WHAT I'M ABOUT TO SAY, PLEASE CHIME IN NOW BECAUSE THIS IS THE DIRECTION FOR STAFF.
UH, WE TALKED ABOUT, UM, UH, THERE, THERE WAS FAIRLY LARGE, UH, CONSENSUS FORMING AROUND THE RECOMMENDATIONS WITH THE P S L COMMISSION REPORT WITH A FEW VARIATIONS.
UH, FIRST ON THE ELIGIBILITY PERIOD CHANGING TO 90 DAYS INSTEAD OF THE, UM, 180 DAYS, THE COMPLAINT PERIOD, EXTENDING THAT TO ONE YEAR AS OPPOSED TO THE 60 DAYS.
UM, THERE WAS, UH, ADDITIONAL LANGUAGE TO BE INSERTED BACK IN, REVISED BY THE CITY ATTORNEY REGARDING, UH, PREEMPTION OF STATE AND FEDERAL LAW RELATING TO COLLECTIVE BARGAINING AGREEMENTS.
UM, I THINK OUR CITY ATTORNEY MENTIONED THIS WAS ALREADY IN THE WORKS, BUT, UH, UNDERSCORING, UM, OUR NON-DISCRIMINATION PROTECTIONS IN THE ORDINANCE.
AND, UM, THERE WAS COMMENTARY, I'M NOT SURE EXACTLY WHERE WE ENDED UP, UH, ON THE TRANSIENT AND INTERNS ISSUE.
UM, WHERE WAS THAT ERIC? UH, MAYOR I, UH, I, I TOOK AWAY THAT FROM THE TRANSIENT WORKERS AND THE INTERN ISSUE THAT WE WOULD NOT APPLY THIS PROPOSED ORDINANCE TO THOSE INDIVIDUALS.
AND JUST TO BE CLEAR, UM, THESE RECOMMENDATIONS WILL COME FORWARD AS A RED LINE VERSION OF THE ORDINANCE.
UH, IF THERE'S ANY DISAGREEMENT ABOUT, UH, WHAT'S COMING FORWARD AS REVISIONS, WE WILL BE ABLE TO TAKE ACTION AT ANY TIME INDIVIDUALLY ON ANY OF THESE, UH, REVISIONS.
SO, UH, FOR INSTANCE, ON THE TRANSIENT INTERNS, IF THAT DIDN'T CAPTURE YOUR OPINION, YOU'LL HAVE THE OPPORTUNITY TO VOTE ONE WAY OR THE OTHER, UH, COME OCTOBER 3RD ON EACH OF THE INDIVIDUAL REVISIONS.
SO, UM, WITH THAT, ERIC, DID YOU HAVE SOMETHING ELSE? UH, I WAS JUST GONNA ADD, UH, MAYOR THAT I THOUGHT THAT, UM, UM, THREE OTHER, UH, OTHER COMMENTS THAT WERE MADE THAT COUNCILWOMAN SANDOVAL'S, UH, MAKING IT A MANDATORY REPORT INSTEAD OF PERMISSIVE, THAT'S SOMETHING THAT WE, UH, CAN AMEND IN THE ORDINANCE OR IN THE PROPOSED ORDINANCE.
UH, COUNCILWOMAN GONZALEZ'S, UH, LAST QUESTION THERE.
TO HER POINT, UH, ABOUT THE LANGUAGE ON INTENT AND SCOPE, INCLUDE THAT IN THE ORDINANCE, THE PROPOSED ORDINANCE, AND THEN THE FINAL ISSUE THAT, UH, THAT WAS JUST DISCUSSED REGARDING PRIVACY.
MAYBE WE GO AHEAD AND INCLUDE THAT, UH, AMENDED LANGUAGE.
UM, ERIC, SO, UM, I KNOW WE'RE GONNA HAVE PUBLIC COMMENT ON THIS AS WELL, BUT WHEN CAN WE HAVE THIS, THE PROVISIONS THAT YOU'RE GOING TO BE WORKING ON, WHEN CAN WE HAVE ACCESS TO THAT? SO WE CAN JUST GO THROUGH CLOSE OF BUSINESS MONDAY, WE WILL ISSUE IT BACK OUT AND WE'VE GOTTA MAKE SURE IT'S IN DONE, CERTAINLY IN ADVANCE OF THE, UH, THE PUBLIC MEETINGS NEXT WEEK.
SO WE'LL GET IT, WE'LL GET IT TO Y'ALL CLOSE THE BUSINESS MONDAY AND, AND SO THO FOR THOSE GOOD POINT.
UM, AND SO ALL OF US WHO LIVE THROUGH THE NON-DISCRIMINATION ORDINANCE, I THINK WHAT WOULD BE HELPFUL IS IF WE GET THE REVISION
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REDLINED PUT ONLINE AS WE ARE GOING TO VOTE ON IT ON OCTOBER 3RD AS QUICKLY AS POSSIBLE.THAT WAY WE'RE ONLY TALKING ABOUT ONE VERSION OF THE ORDINANCE, UM, STARTING IN THE PUBLIC COMMENT PERIOD.
UM, AND AGAIN, I WANT TO THANK EVERYBODY, UH, AROUND THE DIOCESE HAS BEEN COMPLICATED.
IT'S BEEN A LOT OF INPUT, UH, A LOT OF, UH, CONTROVERSY AT TIMES, BUT I THINK WE HAVE DONE OUR, UH, DUE DILIGENCE IN GOOD FAITH TO LOOK AT THIS THROUGH A PUBLIC HEALTH LENS, UH, TO COME UP WITH AN ORDINANCE THAT WORKS, UH, THAT'S ENFORCEABLE, AND THEN I THINK ANSWERS THE ISSUES RAISED IN THE LAST SEVERAL MONTHS, UH, BY ALL PARTIES.
UH, MS. HARGROVE, YOU'RE A A TROOPER.
CAN I SAY ONE THING, MA'AM? YES, MA'AM.
AND THAT THE FINAL THING I'D LIKE TO LEAVE YOU WITH IS THAT, UM, WE GOT INSPIRED.
THIS COMMISSION GOT INSPIRED AS WE COULD CONTINUE TO DO THE WORK.
AND WHAT IS INTERESTING AND IMPORTANT TO ME IS THAT WE ARE AT THE PRECIPICE, IF YOU WILL, OF LEADING THIS STATE IN TERMS OF GETTING A PAID SICK LEAVE ORDINANCE, UH, ON THE BOOKS.
OUR SISTER CITIES HAVE NOT BEEN SUCCESSFUL AT THAT.
AND UH, IT'S SOMETHING THAT, UH, WE CAN BE ALL VERY PROUD OF IF WE'RE ABLE TO KIND OF WORK TOGETHER ON IT TO GET THIS LANGUAGE TOGETHER AND GET IT ON THE BOOKS BECAUSE I THINK WE PAID THE ATTENTION TO IT IN TERMS OF THE LEGAL ARGUMENTS.
AND, UH, IF IT CAN SURVIVE THAT SCRUTINY, WE WILL BE LEADING THE STATE.
AND I THINK THAT'S SOMETHING THAT YOU ALL SHOULD BE PROUD OF.
THANK YOU VERY MUCH MS. HARGROVE.
AND I KNOW THAT'S MUSIC TO DR.
SO, UM, THAT WILL, UH, OUR SPECIAL B SESSION NOW IS ADJOURNED.