# Board of Supervisors Minutes: February 9, 2010

- Meeting date: 2010-02-09
- Document type: minutes
- Source format: PDF
- Extracted pages: 27
- [Canonical HTML transcript](https://sfbos.info/documents/1974/2010-02-09-minutes)
- [Authoritative City source](https://sfbos.archive.sf.gov/ftp/meetingarchive/full_board/ftp/uploadedfiles/bdsupvrs/bosagendas/minutes/2010/m020910.pdf)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 100156: Reducing Employer Retirement Benefit Costs

- Pages: 17-18
- Sponsors: Mar; Campos
- Vote 1: amendment
  - Action: for all employees hired on and after July 1, 2010, who become members of the California Public Employees' Retirement System (CalPERS); (5) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a three-year formula for the calculation of final compensation to the fullest extent possible; (6) require all contracts and contract amendments on and after July 1, 2010, for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (7) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a three-year formula; and (8) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a three-year formula. Supervisor Mar, seconded by Supervisor Campos, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:
  - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier, Avalos

### File 100156: Reducing Employer Retirement Benefit Costs

- Pages: 18
- Sponsors: Mar; Campos
- Vote 1: continuance
  - Action: tion rate of nine percent for all employees hired on and after July 1, 2010, who become members of the CalPERS; (6) require all contracts with CalPERS for persons hired on and after July 1, 2010, to include a two-year formula for the calculation of final compensation to the fullest extent possible; (7) require all contracts and contract amendments on and after July 1, 2010 for personnel of the sheriff's department and housing authority police who are members of CalPERS to be cost-neutral to the City and County; (8) create a new retirement plan for miscellaneous officers and employees hired on and after July 1, 2010, that modifies the average final compensation calculation from a one-year formula to a two-year formula; and (9) create new retirement plans for safety members hired on and after July 1, 2010, that increase required employee retirement contributions to nine percent and modify the average final compensation calculation from a one-year formula to a two-year formula. Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED AS AMENDED AND DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote:
  - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier, Avalos

### File 100157: Payment for Employee Retirement Contributions

- Pages: 18-19
- Sponsors: Mar; Campos
- Vote 1: continuance
  - Action: rs: Mar; Campos Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by amending Section(s) A8.409-5, to: (1) restrict the City and County from agreeing to pay required employee contributions to the San Francisco Employees' Retirement System (SFERS) or the California Public Employees' Retirement System (CalPERS) after June 8, 2010, for certain employees; (2) authorize the City and County to offer a one-time seven percent (7%) wage increase to certain employees as acknowledgement that the City and County will no longer pay the required seven and one-half percent (7.5%) employee contribution to SFERS or the required employee contribution to CalPERS afforded in their most recent collectively bargained agreement, provided that no such increase shall become effective before July 1, 2011; and (3) require voter approval before the City and County can pay, for up to a two-year period, required employee contributions to SFERS or CalPERS after June 8, 2010. Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be CONTINUED AS DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion carried by the following vote:
  - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier, Avalos

### File 100132: Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources

- Pages: 19-20
- Sponsors: Chiu
- Vote 1: approval, likely final
  - Action: 100132 [Closed Session - Update on Labor Negotiations Concerning City Workers from the Mayor's Office and the Department of Human Resources] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on February 9, 2010, with the Mayor's Office and the Department of Human Resources concerning negotiations with labor unions representing City workers. This closed session is permitted by Government Code Section 54957.6 and San Francisco Administrative Code Section 67.10(e). Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The motion carried by the following vote:
  - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier, Avalos
- Vote 2: other
  - Action: City and County of San Francisco Page 129 Printed at 10:13 am on 3/12/10 Board of Supervisors Meeting Minutes Tuesday, February 9, 2010 The Board recessed at the hour of 2:54 p.m. to convene in closed session pursuant to the above motion. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Persons in attendance: Cheryl Adams, Deputy City Attorney Martin Gran, Director of Employee Relations Mary Hao, Department of Human Resources Ben Rosenfield, Controller Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director The Board reconvened at the hour of 3:16 p.m. The following Supervisors were noted present: Supervisors Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi Matter was heard in Closed Session and Filed. [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Mirkarimi, seconded by Supervisor Maxwell, moved not disclose its Closed Session deliberations. The motion carried by the following vote:
  - Ayes: Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
  - Excused: Alioto-Pier, Avalos

## Extracted text

### [Page 18](https://sfbos.info/documents/1974/2010-02-09-minutes#page-18)

Board of Supervisors Meeting Minutes Tuesday, February 9, 2010

100156 [Reducing Employer Retirement Benefit Costs]
 Sponsors: Mar; Campos
 Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco
 by amending Sections A8.432, A8.506, A8.506-2, A8.506-3, A8.510, A8.590-4 and A8.590-5, and
 by adding Sections A8.432-1, A8.600 to A8.600-14, A8.601 to A8.601-16 and A8.602 to A8.602-16,
 to: (1) restrict the City and County from agreeing to pay required employee contributions to the San
 Francisco Employees' Retirement System (SFERS) or the California Public Employees' Retirement
 System (CalPERS) after June 8, 2010, for firefighters, police officers and deputy sheriffs; (2) define
 "Participating Employers" for the Retiree Health Care Trust Fund to include the Superior Court of
 California, County of San Francisco, to the extent it participates in the City and County's Health
 Service System and upon resolution by its governing board; (3) require the difference between the
 City and County's contribution to the SFERS set by the Retirement Board each year and the
 employer normal cost rate to be deposited into the Retiree Health Care Trust Fund; (4) require the
 difference between the "Participating Employers'" contribution to SFERS set by the Retirement
 Board each year and the employer normal cost rate to be deposited into the Retiree Health Care
 Trust Fund only upon resolution by the governing boards of the respective "Participating
 Employers" approving said deposits; (5) establish an employee contribution rate of nine percent for
 all employees hired on and after July 1, 2010, who become members of the CalPERS; (6) require
 all contracts with CalPERS for persons hired on and after July 1, 2010, to include a two-year
 formula for the calculation of final compensation to the fullest extent possible; (7) require all
 contracts and contract amendments on and after July 1, 2010 for personnel of the sheriff's
 department and housing authority police who are members of CalPERS to be cost-neutral to the
 City and County; (8) create a new retirement plan for miscellaneous officers and employees hired
 on and after July 1, 2010, that modifies the average final compensation calculation from a one-year
 formula to a two-year formula; and (9) create new retirement plans for safety members hired on
 and after July 1, 2010, that increase required employee retirement contributions to nine percent
 and modify the average final compensation calculation from a one-year formula to a two-year
 formula.
 Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be
 CONTINUED AS AMENDED AND DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010.
 The motion carried by the following vote:
 Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 2 - Alioto-Pier, Avalos

100157 [Payment for Employee Retirement Contributions]
 Sponsors: Mar; Campos
 Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco by
 amending Section(s) A8.409-5, to: (1) restrict the City and County from agreeing to pay required
 employee contributions to the San Francisco Employees' Retirement System (SFERS) or the
 California Public Employees' Retirement System (CalPERS) after June 8, 2010, for certain
 employees; (2) authorize the City and County to offer a one-time seven percent (7%) wage
 increase to certain employees as acknowledgement that the City and County will no longer pay the
 required seven and one-half percent (7.5%) employee contribution to SFERS or the required
 employee contribution to CalPERS afforded in their most recent collectively bargained agreement,
 provided that no such increase shall become effective before July 1, 2011; and (3) require voter
 approval before the City and County can pay, for up to a two-year period, required employee
 contributions to SFERS or CalPERS after June 8, 2010.
 Supervisor Elsbernd, seconded by Supervisor Chu, moved that this Charter Amendment be
 CONTINUED AS DIVIDED AS A COMMITTEE OF THE WHOLE to February 23, 2010. The motion
 carried by the following vote:
 Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 2 - Alioto-Pier, Avalos

City and County of San Francisco Page 128 Printed at 10:13 am on 3/12/10

### [Page 19](https://sfbos.info/documents/1974/2010-02-09-minutes#page-19)

Board of Supervisors Meeting Minutes Tuesday, February 9, 2010

ROLL CALL FOR INTRODUCTIONS
 See Legislation Introduced below.

PUBLIC COMMENT
 Abdullah Megaheed; expressed various concerns.
 James Chaffee; expressed concerns relating to the SF Public Library.
 Richard Robinson; expressed various concerns.
 Miss Daisy, expressed concerns relating to current layoffs.
 Peter Warfield; expressed concerns relating to the SF Public Library.
 Walter Paulson; shared in song certain concerns with the Board.
 Christopher Dahl; expressed various concerns.
 Joya Castaneda; expressed concerns relating to undocumented youth.
 Richard McRee; expressed various concerns.
 Male Speaker, expressed various concerns.
 Scott Kyper; expressed concerns relating to public safety.
 Male Speaker; expressed various religious concerns.
 Edmond Juicy; expressed various concerns.

CLOSED SESSION

100132 [Closed Session - Update on Labor Negotiations Concerning City Workers from the
 Mayor's Office and the Department of Human Resources]
 Sponsor: Chiu
 Motion that the Board of Supervisors convene in closed session on February 9, 2010, with the
 Mayor's Office and the Department of Human Resources concerning negotiations with labor unions
 representing City workers.

 This closed session is permitted by Government Code Section 54957.6 and San Francisco
 Administrative Code Section 67.10(e).
 Supervisor Dufty, seconded by Supervisor Maxwell, moved that this Motion be APPROVED. The
 motion carried by the following vote:
 Ayes: 9 - Campos, Chiu, Chu, Daly, Dufty, Elsbernd, Mar, Maxwell, Mirkarimi
 Excused: 2 - Alioto-Pier, Avalos

City and County of San Francisco Page 129 Printed at 10:13 am on 3/12/10
