Full Commission - February 3, 2014 - Minutes
Meeting Date:
February 3, 2014 (All day)
Related Meeting Content:
San Francisco Youth Commission
Minutes
Monday, February 3rd 2014
5:15pm-8:00pm
City Hall, Room 416
1. Dr. Carlton B. Goodlett Pl.
San Francisco, CA 94102
There will be public comment on each item.
Nicholas Persky, Michelle Kong, Joshua Cardenas, DeAsia Landrum, Angel Van Stark, Jina Bae, Anna Bernick, Sophie Edelhart, Monica Flores, Ramon Gomez, Michel Li, Lily Marshall-Fricker, Luisa Sicairos, Denesia Webb, Eric Wu, Joyce Wu, Ariel Yu
1. Call to Order and Roll Call
The meeting was called to order at 5:21 pm. Commissioners present: Nicholas Persky, Michelle Kong, Joshua Cardenas, DeAsia Landrum, Angel Van Stark, Jina Bae, Anna Bernick, Sophie Edelhart, Monica Flores, Ramon Gomez, Michel Li, Lily Marshall-Fricker, Luisa Sicairos, Denesia Webb, Eric Wu, Joyce Wu, Ariel Yu; Commissioners absent: None; Staff present: Phimy Truong, Allen Lu, Adele Carpenter.There was quorum.
Angel Van Stark left at 7:05 pm. Luisa Sicairos left at 8:00 pm. Anna Bernick left at 8:19 pm. Sophie Edelhart left at 8:20 pm.
2. Approval of Agenda (Action Item)
Commissioner Bernick, seconded by Commissioner Bae, moved to approve the evening’s agenda. There was no public comment. The motion was approved by acclamation.3. Approval of Minutes (Action Item) A. January 6, 2013
(Document A)
It was noted that the minutes were all from year 2014. Commissioner J. Wu, seconded by Commissioner Yu, moved to approve the minutes from January 6, 2014. There was no public comment. The motion was approved by acclamation.
B. January 11, 2013
(Document B)
Commissioner Yu, seconded by Commissioner Edelhart, moved to approve the minutes from January 11, 2014. There was no public comment. The motion was approved by acclamation.
C. January 12, 2013
(Document C)
Commissioner Li, seconded by Commissioner Bernick, moved to approve the minutes from January 12, 2014. There was no public comment. The motion was approved by acclamation.
4. Public Comment on Items not on Agenda (Discussion Only)
There was none.5. Legislation Referred from the Board of Supervisors (All Items to Follow Discussion and Possible Action
A. [BOS file no. 131192] Police, Administrative Codes – Considering Criminal History in Employment and Housing Decisions(Primary Sponsor: Supervisor Jane Kim)
Presenter: Ivy Lee, Legislative Aide, Office of Supervisor Jane Kim;
(Documents D, E)
Ivy Lee greeted commissioners. A group of community advocates came to Supervisor Kim’s office and explained that one in four Americans have a criminal record. This is affecting people’s ability to apply for jobs and housing. The two most important factors that affect recidivism rates are whether people have stable jobs and housing. This disproportionately affects young men of color, especially Black and Latino young men. It creates a permanent underclass of people who have to pay for their mistakes after they have already paid. Private background check companies produce reports with errors, juvenile offenses, arrests that did not lead to conviction and expunged charges and convictions. Because of the stigma, people are being denied housing and jobs and we have a for-profit system making money off of background checks. Advocates proposed having a law that regulates how background check information can be used. We need policy that will allow people to make first impressions and talk about their backgrounds and their skills. People are more than a mistake they made in the past. We cannot guarantee people housing or jobs, but it does give people a chance.
What this law would do is have housing providers and employers remove information about criminal backgrounds from the face of job applications. Ultimately, people will still have access to information about criminal backgrounds, but it gives people a chance to apply and receive an interview. Background checks could only be run after a face to face meeting has occurred. This policy is designed to make sure that people do not pay forever for mistakes they have made. Every set of stakeholders we have reached out to have supported this law. The mayor has been supportive and we are hoping for a unanimous approval at the Board of Supervisors tomorrow. . Ms. Lee invited questions.
Commissioner Sicairos asked whether there are statistics on rates of homelessness among men and boys of color due to criminal backgrounds. Ivy Lee said she would get that information for Commissioner Sicairos.
Commissioner Edelhart asked whether the background checks would still be flawed, once commissioned after an interview. Ivy Lee explained that this law did not regulate the content of background checks, because that would have to be legislated at the state and federal level.
Commissioner Bernick asked whether the ordinance applies to women. Ivy Lee explained that yes, it applies to all applicants to all employers that employ 20 or more people. The figure of employers that employ 20 or more people covers most jobs.
Commissioner Van Stark asked whether all crimes are treated equally under the law. How does this affect reporting of violent crimes? There are federal laws and state laws that govern what jobs violent offenders are barred from, ie. positions that deal with vulnerable people, such as teachers, hospital workers, or in-home care. This law does not stop federal or state laws from being in operation.
Commissioner Li asked how business leaders have responded to this legislation. Ivy Lee explained that business owners had advised changing the ordinance to apply after a first live interview, rather than after a conditional offer of employment.
Commissioner Webb asked whether this applies beyond the City and County. Ivy Lee explained the city already had “ban the box” legislation on the books, but this will be the first local law addressing this with private employers and housing providers.
Commissioner J. Wu asked how this will be enforced. Ivy Lee explained that people can file complaints against employers with Office of Labor Standards and Code Enforcement. Housing violations can be filed with the Human Rights commission. There is an escalating use of enforcement strategies up to and including law suits.
Eric Wu asked about numbers of people who have been barred from employment and housing. Ivy Lee said there are 65 million people in the U.S. that have encountered these barriers and there are 700,000 adults released yearly from prisons in California. Eric Wu asked about the possibility of a targeted employment program for people with former criminal convictions. Ivy Lee affirmed the question and explained the city has a variety of different workforce programs focused on reintegrating people into the workforce. Ivy Lee explained that a number of people who testified in support of this legislation were adults who had joined gangs or gotten into fights as teenagers.
Commissioner Landrum asked how the word will get to the community about the new ordinance. Ivy Lee explained that in the first year of the legislation there is a large outreach and education component. The Human Rights Commission and OLSCE will run a public education campaign. She recommended looking at the National Employment Law Project site, which has a “Ban the Box” guide that explains what this legislation looks like across the nation.
There was no public comment.
Eric Wu said the approach to this effort should be two-fold, banning the box and letting people know about the ordinance. He motioned to call on legislators to stress targeted employment and education programs that would reach out to long term unemployed who have given up the search for employment due to their criminal record. It was seconded by Commissioner Li.
Commissioner Sicairos expressed support for the ordinance.
Commissioner Flores expressed support for the ordinance and said she had worked on this type of legislation at the state level with Legal Services for Prisoners with Children. This is not asking much of employers other than to give people the chance that they deserve.
Commissioner Cardenas expressed support for the ordinance.
Commissioner Landrum suggested seeing this as a stepping stone to see these changes be made outside the city of San Francisco. This is an important step toward reducing recidivism.
Commissioner J. Wu motioned to support the Fair Chance ordinance. Commissioner Bernick seconded the motion.
There was no public comment on this item.
On the basic motion of support, commissioners unanimously supported the motion by acclamation.
Commissioner Cardenas asked whether the City has programs like those suggested by Commissioner Wu. Ivy Lee affirmed that yes the City does, and that it is still a fine idea to inform the City what the priorities are in advance of budget season.
The motion to include recommendation made by Eric Wu, and seconded by commissioner Li was approved by acclamation.
Commissioner Van Stark motioned to collect data about people who struggle with stable housing and employment that would help advocacy for implementation in other cities, and to propose a stronger argument for federal re-evaluation of background check history distribution. Commissioner Edelhart seconded the motion. Commissioner Li asked a clarifying question. The motion was approved by acclamation.
Commissioner Cardenas motioned that the Board of Supervisors commission an annual report on how the ordinance has promoted job retention among Black and Latino communities. This motion was seconded by Commissioner Flores. The motion was approved by acclamation.
6. Presentations (All Items to Follow Discussion and Possible Action)
A. Presentation and Request for Participation in the California Association of Human Relations Organizations Statewide Gathering April 24-25th 2014Sponsor and Presenter(s): Theresa Sparks, Executive Director, San Francisco Human Rights Commission, Adele Carpenter, Youth Commission Staff (Document H)
The chair then called item 6A out of order and welcomed the presenter. Director Sparks thanked commissioners for their support of the Fair Chance ordinance, which the Human Rights Commission has worked closely on. The HRC is celebrating its 50th year. It was formed around the time of the Civil Rights Act. They administer and enforce all non-discrimination ordinances of the city including housing, employment, and public accommodations. Ordinances are enforced against all organizations, industries, companies both private and non-profit. Last year, 1,900 people contacted the HRC with discrimination complaints. Most people were referred to other organizations if it was outside the city’s jurisdiction. Their jurisdiction covers protected classes of people. San Francisco is one of the few cities considering weight and height a protected class.
The HRC is one of a number of commissions in the state of California. California Association of Human Relations Organizations is a state-wide organization that holds an annual convening. For the last 13 years, it has been in Southern California. In the last few years, many human relations organizations have been defunded. Another large number have been defunded to the point of having no staff to implement. The SF HRC is one of about half a dozen human relations organizations that is still staffed. This year, we held a northern California convening. 13 agencies attended. Due to this, San Francisco will be hosting the statewide gathering this year on April 25th. The various representatives of human relations organizations selected several workshops: Healthy communities and boys and men of color; Human trafficking; Mental health and law enforcement; LGBT issues including AB 1266 which allows transgender people to self-identify in educational settings as well as police and law enforcement interactions with transgender people; Racial discrimination; Youth issues in the state of California vis-à-vis human rights; Homeless Bill of Rights; and Immigration.
Ms. Sparks affirmed the City is pleased to have a strong youth commission. Sonoma County youth commissioners gave a presentation at the regional gathering on slut-shaming. Since the SF Youth Commission is well-organized and strong, HRC would like to request the youth commission to help sponsor and run the youth portion of the CAHRO statewide event. The event will be held at the federal building. She affirmed the HRC would like to help sponsor a future regional convening of northern California youth commissions. She also thanked youth commissioners for their work on the 12N video.
Commissioner Van Stark asked whether there will be any workshops around how homeless people are treated. Ms. Sparks affirmed that the Homeless Bill of Rights workshop would be a good place for the discussion and the rate of LGBT youth homelessness would be a great topic for a Fall gathering.
Commissioner Bernick asked whether this connects to the 12N committee. Ms. Sparks affirmed the format is open, but that the 12N video would be a great thing to consider holding a workshop around.
Commissioner Landrum asked about training around mental health issues for law enforcement.
Staff member, Adele Carpenter, gave commissioners context for the previous efforts to hold a regional youth commission gathering.
Commissioners interested in participating in a youth-portion of the CAHRO statewide event in April: Berncik, Li, Webb, Yu, J. Wu., Bae, Cardenas, Landrum, Kong, Van Stark, Sicairos, Edelhart, E. Wu
Eric Wu asked what time the youth portion could be held. Ms. Sparks explained the format was open and depends on what time works best for youth representatives. Commissioner Wu explained that the Housing/TAY/LGBT committee shares many of the concerns of the CAHRO event, and sees a need to have state-level advocacy on housing issues. Ms. Sparks affirmed there is the possibility to have a private meeting room with youth commissioners who attend in addition to a formal workshop or plenary session.
Commissioner Bernick asked where the event will take place. Ms. Sparks explained it will be at the federal building at Mission and 7th and lunch will be served.
Commissioner Yu explained that mental health issues are big issues in school, including stigma towards special education students, and that this might be a good topic for a workshop. Ms. Sparks affirmed that would be a great focus for a workshop.
Commissioner Van Stark motioned to support the CAHRO statewide gathering with a commitment from youth commissioners to create and facilitate the youth portion. Commissioner Bernick seconded the motion.
There was no public comment.
The motion was approved by acclamation.
7. Youth Commission Business (All Items to Follow Discussion and Possible Action)
C. Motion 1314—M--03 Support and Co-Sponsorship of a Youth Town Hall in District 8 on March 13th 2014Presenter: Commissioner Angel VanStark
(Document K)
The chair then called item 7C out of order. Commissioner Van Stark gave context for the plan to have a district 8 townhall and read the motion into the public record. The motion was seconded by Commissioner Kong. There was no public comment. The motion was approved by acclamation.
5. Legislation Referred from the Board of Supervisors (All Items to Follow Discussion and Possible Action)
B. [BOS file no. 140070] Resolution Supporting Transgender and Gender Non-Conforming Youth and Restorative Justice (Primary sponsor: Supervisor David Campos)Presenter: Youth Commission staff
(Documents F, G)
The chair then returned to item 5B. Staff member, Adele Carpenter, gave youth commissioners an overview of the resolution. Sophie Edelhart moved to support the legislation referred. The motion was seconded by Commissioner Sicairos.
There was no public comment on this item.
The basic motion of support was passed unanimously by acclamation.
Commissioner Eric Wu motioned to urge an investigation of the Contra Costa DA’s decision to bring charges against Jewlyes Gutierrez and to investigate the possibility of violation of any anti-discrimination policies, seconded by commissioner Landrum. The motion was passed according to the following roll call vote: Bae, Bernick, Cardenas, Flores, Gomez, Landrum, Persky, Webb, E. Wu, J. Wu, Yu; Nayes: Edelhart, Li, Marshall-Fricker.
Commissioner Landrum motioned to bring attention to the actions and inactions of the West Contra Costa County School district, so they may be evaluated to ensure that all students who are victims of future bullying and have voiced their concerns to the administration be followed up with, so that the school district is accountable to young people who have been victimized under their jurisdiction.
Commissioner Flores suggested that rather than focusing on who was right or wrong, there are larger issues that need to be addressed. She suggested emphasizing the final clause of the BOS resolution regarding restorative approaches in the referral response.
A recess was called at 7:10 pm. The meeting resumed at 7:21 pm.
Commissioner Gomez seconded the motion made by Commissioner Landrum. The motion was passed by the following roll call vote: Ayes: Bae, Bernick, Cardenas, Edelhart, Flores, Gomez, Kong, Landrum, Li, Persky, Sicairos, Webb, E. Wu, J. Wu, Yu Nayes: Marshall-Fricker.
7. Youth Commission Business (All Items to Follow Discussion and Possible Action)
A. [Second Reading] Resolution 1314—02 Urging Creation of a Youth Voice PolicySponsor: Commissioner Nicholas Persky
(Document I)
Vice chair Kong assumed the role of chair for this item and returned to the normal order of the agenda. Commissioner Persky read the resolution into the public record. Commissioner Persky pointed out changes that had been made since the first reading of the resolution.
Additionally, Commissioner Persky submitted the following two whereas clauses and one resolved clause as additions to his own resolution:
“Further Resolved, that should this policy be adopted by the Board of Supervisors and youth-serving City Commissions, that the youth commission shall be held accountable for outreaching to increase youth participation at these public meetings.”
“Whereas youth are typically underrepresented in municipal governments, and are unable to participate in democratically electing public officials until the age 18; and
Whereas, According to the Spring 2012 Youth Vote survey, 43% of surveyed SFUSD students ‘don’t care at all’ about government and politics and 25% are only ‘a little interested’ about government and politics; and
Whereas, More opportunities to testify in front of public officials could increase youth engagement in government and politics; and”
Commissioner Sicairos motioned to make the following amendments to the resolution:
“Whereas, MUNI and SF Transportation highly affects low income youth and youth of diverse ethnic backgrounds; and
Whereas, these youth are the most disconnected from government and policy that affects them; and
Whereas, more government exposure can increase the participation of youth voice; and
Whereas, minority youth need the tools given to them to become leaders of their communities; and
Whereas, youth need the opportunity to feel empowered with issues related to them and impacting them; and
Whereas, special accommodation is available for youth with physical disabilities during these meetings.”
Commissioner Persky asked staff to clarify that the Board of Supervisors has a disability accommodation policy. Staff confirmed.
Commissioner Li expressed support for Commissioner Sicairos’ amendments.
Commissioner Edelhart advised against adding whereas clauses focused on MTA or MUNI.
Commissioner Persky clarified the point of the resolution was about youth participation in public hearings more broadly and the MTA hearing was included only as a case study.
Commissioner Sicairos said she would like to work with Commissioner Persky on the resolution.
Commissioner Persky clarified that clauses related to youth voice could be added after action was taken, if in spirit of the resolution.
Commissioner Li clarified that the spirit of the resolution was meant to increase democratic participation, or increase participation among disenfranchised youth.
Commissioner Cardenas suggested putting the second reading on the next full youth commission agenda.
Commissioner Persky agreed to put the item up for another reading and asked that if commissioners have substantive amendments to please bring them forward this week in advance of the next meeting.
Commissioner Flores expressed support for voting on the resolution tonight.
Vice chair Kong asked for public comment.
Allen Nance, Chief Probation Officer of Juvenile Probation, explained that this issue is very important. He also explained that the Juvenile Probation Commission meetings are held at a time when young people are out of school and that the JPC values the decision to hold meetings at a time that young people impacted by their work can attend. He suggested that other youth-serving bodies should consider doing the same and he expressed support for the resolution.
There was no further public comment.
Commissioner Flores, seconded by Commissioner Edelhart moved to approve the resolution, as suggested by Commissioner Persky.
Commissioner Persky suggested it would be best to have full support on this resolution and that he would rather wait until youth commissioners felt comfortable with the ammendments with the resolution before taking a vote.
Commissioner Kong, seconded by Commissioner Landrum moved to table this item.
Commissioner Sicairos affirmed that her amendments were in the spirit of the original resolution.
Commissioners Landrum and Bernick expressed support for a third reading.
Commissioner Flores affirmed the original motion was to pass the resolution with Commissioner Persky’s amendments. Commissioner Flores retracted her motion.
Commissioner Kong, seconded by Commissioner Landrum moved table the item. The motion was approved by the following roll call vote: Ayes: Bernick, Cardenas, Edelhart, Kong, Landrum, Li, Marshall-Fricker, Persky, Webb, J. Wu, E. Wu, Yu Nayes: Bae, Gomez, Flores.
B. Request for Approval of 14-15 Youth Commission Application
Sponsor: Youth Commission Staff (Document J)
The chair tabled this item.
8. Staff Report (Discussion Only)
Adele Carpenter asked commissioners to help outreach for Project WHAT surveys, inquired about commissioners’ availability to participate in a Housing committee off-site meeting, April 10th or 17th and passed around thank you cards for speakers from mid-year retreat.Allen Lu invited commissioners to a Solutions Not Suspensions event, a Free MUNI for Youth art contest winners ceremony planning meeting on Thursday, and an upcoming visit to Guadalupe Elementary School.
9. Committee Reports (Discussion Only)
A. Executive Committee, Chair Michelle Kong
Commissioner Kong gave an update on the Feb. 5th is Tech SF reception and D8 youth townhall meeting, as well as the12N working group. In legislative affairs, the Board of Education passed the Public Education Enrichment expenditure plan and the DA was recommending reducing drug possession crimes from felonies. There is a move to create a presidential youth council. DeAsia Landrum updated colleagues on the Free MUNI for youth photo and art contest winners ceremony on Tuesday March 4th. Commissioners interested: Persky, Kong, Li, E. Wu.B. Youth Justice Committee, Chair Sophie Edelhart
Commissioner Edelhart: this week we are attending a meeting with Chief Suhr regarding the SFUSD MOU. Commissioners will also be speaking at the police commission meeting.
C. Immigration & Employment Committee, Chair Michel Li
Commissioner Li: The committee is working on how the minimum wage increase would apply to youth and undocumented youth employment opportunities.
D. Education, Health & Wellness Committee, Chair Ariel Yu
Commissioner Yu: The committee is working with SFUSD Special Education department, parents, and inclusion advocates on special education inclusion issues.
E. TAY, Housing, and LGBT issues Committee, Chair Eric Wu
Commissioner Wu: The Committee planned for a youth housing townhall.
F. Our Children, Our City Stakeholder Council, Commissioner Eric WuCommissioner Wu informed that he is waiting for response from Learning for Action.
G. Youth Advisory Council, Representative Joyce Wu
Commissioner J. Wu was not at the last meeting and will follow up.
10. Attendance Authorizations (Action Item)
A. Request for authorization of absences
i. Commissioner Ramon Gomez, January 6th, 2014Commissioner Gomez explained he had showed up late because of the bus. Commissioner Li, seconded by Commissioner Bae, moved to approve the absence.
There was no public comment on this item.
The motion was approved by acclamation.
ii. Commissioner DeAsia Landrum, January 6th, 2014
iii. Commissioner DeAsia Landrum, January 11th, 2014
Commissioner Landrum explained that she had a work conflict on January 6th and January 11th. Commissioner Kong, seconded by Commissioner E. Wu, moved to approve both absences. The motion was approved by acclamation.
iv. Commissioner Lily Marshall-Fricker, January 11th, 2014
v. Commissioner Lily Marshall-Fricker, January 12th, 2014
Commissioner Marshall-Fricker explained she had been sick during both days of the mid-year retreat. Commissioner Yu, seconded by Commissioner Gomez, moved to approve both absences. The motion was approved by acclamation.