Committee forwards amended reemployment ordinance to Board after 2-1 vote

Chair Marr moved and the committee voted to forward an amended ordinance to the full Board of Supervisors after a brief public comment period and discussion.

The ordinance amends the San Francisco Police Code to create a limited right to reemployment for employees laid off because of the COVID-19 pandemic when an employer seeks to fill the same position previously held by a laid-off employee or a substantially similar position. It also requires employers to reasonably accommodate employees who cannot work because of a family-care hardship.

Chair Marr, chair of the Public Utilities Services committee, said the amendments made last week narrow the ordinance’s applicability by industry, drawing on definitions in existing worker-retention laws to limit which businesses are covered. "I think the amended version of this ordinance strikes the right balance," Marr said, arguing the changes preserve worker protections while giving affected employers more flexibility.

The clerk read a key change: the ordinance removes the requirement to offer reemployment for positions that an eligible worker would be qualified for only after new training or that involve duties the worker did not previously perform within the 12 months before a layoff.

During public comment, Chavisani, identified as director of public policy for the Golden Gate Restaurant Association, said the association supports an amendment introduced by Supervisor Maher that applies the restaurant-specific threshold to establishments with 200 or more employees per location. "Changing the restaurant threshold so that this legislation applies to restaurant operators with 200 or more employees per location is very helpful to our restaurants here in San Francisco," Chavisani said, and thanked Supervisor Marr and legislative aide Edward Wright for addressing industry concerns.

Vice Chair Katherine Stephanie acknowledged the committee’s work on the amendments and that some industry groups now support the measure, but she reiterated longstanding objections. "I voted no on this for the 10 times previous to this, and I still have issues with it," Stephanie said, citing concerns about seniority and impacts on women, and she said she would vote no on the committee recommendation.

Chair Marr moved that the committee send the item to the full Board with a positive recommendation; the motion was seconded by Vice Chair Katherine Stephanie. The clerk recorded the roll-call result as two ayes and one no, with Vice Chair Katherine Stephanie in dissent. The clerk noted items acted upon today will appear on the Board of Supervisors agenda on April 6, 2021, unless otherwise stated, and a separate memo requested potential consideration on March 23, 2021.

The committee adjourned following the vote.