# Board of Supervisors Minutes: November 18, 2014

- Meeting date: 2014-11-18
- Document type: minutes
- Pages in official PDF: 29
- [Canonical HTML transcript](https://sfbos.info/documents/226/2014-11-18-minutes)
- [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=358079&GUID=1915A384-C206-490D-8343-50E0451DAF4A)

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

## Structured legislative records

### File 141166: Public Hearing - Public Comment on Possible Nominations and Election of Board President

- Pages: 15-16
- Vote 1: other
  - Action: f the Whole relating to File No. 141166 and the subsequent nominations and election of the Board President. Female Speaker; Female Speaker; Male Speaker; Andy Duftin; expressed various concerns regarding the nomination and election of a Board President. Female Speaker; expressed her support of Supervisor Breed for Board President. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report NOMINATIONS FOR PRESIDENT OF THE BOARD Supervisor Farrell nominated Supervisor Tang. The President asked if there were any further nominations. There being no response the nominations for President of the Board of Supervisors were then closed. Supervisor Mar was noted absent at 7:11 p.m. Supervisor Avalos was noted absent at 7:13 p.m. ELECTION OF THE PRESIDENT OF THE BOARD The roll was called on the nomination of Supervisor Tang. Motion to elect Supervisor Tang as President of the Board of Supervisors, in the event a vacancy occurs to fill the unexpired portion of the term ending January 8, 2015, at 12:00 p.m., PASSED by the following vote:
  - Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee
  - Absent: Avalos, Mar
  - Excused: Campos

### File 140880: Police Code - Hours and Retention Protections for Formula Retail Employees

- Pages: 16-17
- Vote 1: amendment
  - Action: 140880 [Police Code - Hours and Retention Protections for Formula Retail Employees] Sponsors: Mar; Chiu, Campos and Avalos Ordinance amending the Police Code to regulate the operation of Formula Retail Establishments, including requiring employers to offer additional hours of work, when available, to current part-time employees; and requiring successor employers to retain employees for 90 days upon a change in control of the business. (Economic Impact) Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion on File Nos. 140880 and 141024. Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to change the formula retail definition from ‘11 locations’ to ‘20 locations’ worldwide. The motion carried by the following vote:
  - Ayes: Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener
  - Noes: Avalos, Kim, Yee
  - Excused: Campos
- Vote 2: amendment
  - Action: (Economic Impact) Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove 'property services contractors' from the requirements of this section. Supervisor Breed withdrew the motion. Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove the ‘private right of action’ requirements. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Campos
- Vote 3: continuance
  - Action: (Economic Impact) Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED AS AMENDED to November 25, 2014. The motion FAILED by the following vote:
  - Ayes: Breed, Farrell, Tang, Wiener
  - Noes: Avalos, Chiu, Cohen, Kim, Mar, Yee
  - Excused: Campos
- Vote 4: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Campos

### File 141024: Police Code - Fair Scheduling and Treatment of Formula Retail Employees

- Pages: 17
- Vote 1: amendment
  - Action: 141024 [Police Code - Fair Scheduling and Treatment of Formula Retail Employees] Sponsors: Chiu; Mar Ordinance amending the Police Code to require Formula Retail Establishments to provide employees with two weeks notice of work schedules, notice of changes to work schedules, and compensation for schedule changes made on less than seven days notice and unused on-call shifts; and to provide part-time employees with the same starting rate of hourly pay, access to time off, and eligibility for promotions, as provided to full-time employees. Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion on File Nos. 140880 and 141024. Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to change the formula retail definition from ‘11 locations’ to ‘20 locations’ worldwide. The motion carried by the following vote:
  - Ayes: Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener
  - Noes: Avalos, Kim, Yee
  - Excused: Campos
- Vote 2: amendment
  - Action: Supervisor Tang, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 12, Line 11, by making the requirements of the San Francisco Family Friendly Workplace Ordinance, Chapter 12Z, prevail when there is an unavoidable conflict. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Campos
- Vote 3: amendment
  - Action: Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove 'property services contractors' from the requirements of this section. Supervisor Breed withdrew the motion. Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove the ‘private right of action’ requirements. The motion carried by the following vote:
  - Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Campos
- Vote 4: continuance
  - Action: Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED AS AMENDED to November 25, 2014. The motion FAILED by the following vote:
  - Ayes: Breed, Farrell, Tang, Wiener
  - Noes: Avalos, Chiu, Cohen, Kim, Mar, Yee
  - Excused: Campos
- Vote 5: first-reading
  - Action: PASSED ON FIRST READING AS AMENDED by the following vote:
  - Ayes: Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
  - Excused: Campos

## Extracted text

### [Page 16](https://sfbos.info/documents/226/2014-11-18-minutes#page-16)

Board of Supervisors                              Meeting Minutes                                                11/18/2014




COMMITTEE REPORTS


Recommendations of the Budget and Finance Committee

140880 [Police Code - Hours and Retention Protections for Formula Retail Employees]
            Sponsors: Mar; Chiu, Campos and Avalos
            Ordinance amending the Police Code to regulate the operation of Formula Retail Establishments,
            including requiring employers to offer additional hours of work, when available, to current part-time
            employees; and requiring successor employers to retain employees for 90 days upon a change in
            control of the business.
            (Economic Impact)
            Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to
            questions raised throughout the discussion on File Nos. 140880 and 141024.
            Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to change
            the formula retail definition from ‘11 locations’ to ‘20 locations’ worldwide. The motion carried by the
            following vote:
               Ayes: 7 - Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener
               Noes: 3 - Avalos, Kim, Yee
               Excused: 1 - Campos
            (Economic Impact)
            Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to
            remove 'property services contractors' from the requirements of this section. Supervisor Breed
            withdrew the motion.
            Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove
            the ‘private right of action’ requirements. The motion carried by the following vote:
               Ayes: 10 - Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
               Excused: 1 - Campos
            (Economic Impact)
            Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED AS
            AMENDED to November 25, 2014. The motion FAILED by the following vote:
                 Ayes: 4 - Breed, Farrell, Tang, Wiener
                 Noes: 6 - Avalos, Chiu, Cohen, Kim, Mar, Yee
                 Excused: 1 - Campos
            PASSED ON FIRST READING AS AMENDED by the following vote:
                 Ayes: 10 - Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Campos




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### [Page 17](https://sfbos.info/documents/226/2014-11-18-minutes#page-17)

Board of Supervisors                              Meeting Minutes                                                11/18/2014



141024 [Police Code - Fair Scheduling and Treatment of Formula Retail Employees]
            Sponsors: Chiu; Mar
            Ordinance amending the Police Code to require Formula Retail Establishments to provide
            employees with two weeks notice of work schedules, notice of changes to work schedules, and
            compensation for schedule changes made on less than seven days notice and unused on-call
            shifts; and to provide part-time employees with the same starting rate of hourly pay, access to time
            off, and eligibility for promotions, as provided to full-time employees.
            Privilege of the floor was granted to Jon Givner (Office of the City Attorney) who responded to
            questions raised throughout the discussion on File Nos. 140880 and 141024.
            Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to change
            the formula retail definition from ‘11 locations’ to ‘20 locations’ worldwide. The motion carried by the
            following vote:
                 Ayes: 7 - Breed, Chiu, Cohen, Farrell, Mar, Tang, Wiener
                 Noes: 3 - Avalos, Kim, Yee
                 Excused: 1 - Campos
            Supervisor Tang, seconded by Supervisor Chiu, moved that this Ordinance be AMENDED on Page 12,
            Line 11, by making the requirements of the San Francisco Family Friendly Workplace Ordinance,
            Chapter 12Z, prevail when there is an unavoidable conflict. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Campos
            Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to
            remove 'property services contractors' from the requirements of this section. Supervisor Breed
            withdrew the motion.
            Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED to remove
            the ‘private right of action’ requirements. The motion carried by the following vote:
                 Ayes: 10 - Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Campos
            Supervisor Wiener, seconded by Supervisor Tang, moved that this Ordinance be CONTINUED AS
            AMENDED to November 25, 2014. The motion FAILED by the following vote:
                 Ayes: 4 - Breed, Farrell, Tang, Wiener
                 Noes: 6 - Avalos, Chiu, Cohen, Kim, Mar, Yee
                 Excused: 1 - Campos
            PASSED ON FIRST READING AS AMENDED by the following vote:
                 Ayes: 10 - Avalos, Breed, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee
                 Excused: 1 - Campos



ROLL CALL FOR INTRODUCTIONS
            See Legislation Introduced below.




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