Committee forwards 'Back to Work' right‑to‑reemployment ordinance to full Board after split vote

The Public Safety and Neighborhood Services Committee on Jan. 28 voted to forward an ordinance amending the Police Code to establish a right to reemployment for certain employees laid off due to the COVID‑19 pandemic. The committee recommended the ordinance to the full Board by a 2–1 roll call, with Vice Chair Catherine Stephanie dissenting.

Chair Supervisor Gordon Marr characterized the measure as converting an emergency ordinance into regular law and said it would give laid‑off workers a right of first refusal for their jobs when employers reopen, with rehiring prioritized by seniority. Marr said the measure covers employers with 100 or more employees who lay off 10 or more eligible workers within a 30‑day period and exempts small businesses, health‑care operations, independent contractors, employees covered by collective bargaining agreements, and employees with severance agreements or those who committed disqualifying misconduct.

Joshua Arce, director of workforce development at the Office of Economic and Workforce Development (OEWD), presented the department’s implementation data. Arce said that between July 3, 2020, and Jan. 27, 2021, OEWD had received 124 right‑to‑reemployment notices affecting 9,901 employees; it received 45 rehire notices affecting 3,489 workers. "Of those 3,489, 1,652 is the number that were offered reemployment, 991 of whom said yes, and 637 of whom declined," Arce said. Arce noted OEWD leverages the city workforce hotline, which he said has received more than 12,000 calls since March 2020, and said OEWD lacks unilateral enforcement authority to compel employers to file notices.

Vice Chair Catherine Stephanie said she would vote no and summarized reasons she has opposed the item previously: she argued it could delay staffing and reopening for small merchants, impose administrative burdens that may push local stores toward closure, and have unintended equity consequences for women and people of color. "This legislation will not reduce unemployment. It does not create jobs and it will not guarantee wages," Stephanie said, adding that the Small Business Commission had unanimously opposed the policy.

Chair Marr disputed the claim that the measure would disadvantage workers of color and women, saying the sectors most affected by WARN notices and layoffs (accommodations and food services, arts and entertainment, retail trade) "are the workers who most benefit from this ordinance." After debate, Marr moved to send the ordinance to the full Board with a positive recommendation; the roll call recorded Haney aye, Marr aye, and Stephanie no.

The committee’s recommendation, with the recorded dissent, will appear on the Board agenda for further action.