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Board adopts response to civil grand jury report on health‑care surcharge practices after divided debate, 6‑5
Summary
The Board of Supervisors adopted a response to the civil grand jury's report on surcharges and use of employer‑funded health accounts; supporters argued the city's recently adopted ordinance balanced worker protections and small‑business concerns, while critics said the jury's findings show a loophole remains.
The board approved a resolution responding to the Civil Grand Jury's 2011–2012 report on surcharges and the Healthy San Francisco program by a vote of 6 ayes to 5 noes.
Supervisor David Campos, who opposed the board's response, said the civil grand jury and the Office of Labor Standards and Enforcement had found that many employers place restrictions on how employee health accounts can be used, that collected funds often exceed spending on health care and that the practice was increasing. Campos said the board's prior legislation intended to close a loophole had been watered down and that the resolution before the board did not address the jury's substantive concerns.
Supervisor Weiner, who supported the committee's response, said he respected the civil grand jury's volunteer work but disagreed with parts of its analysis and criticized the jury for relying on data predating the city's legislation. Supervisor Cohen and other supporters said the board's prior legislation and enforcement actions had produced results, citing a recent settlement that recovered back pay for workers.
Supervisor Elsberg (Ellsberg) criticized the civil grand jury for overreaching into private business practices and for providing legal analysis without attorneys on the panel, and urged the jurors to stick to auditing city government.
After debate, the board approved the committee's response. The roll call recorded 6 ayes and 5 noes.
