The County of Santa Clara
California

Report
93221

Receive updated Surveillance Technology Use Policies for various departments' existing surveillance technologies and provide direction to Administration relating to submission of the updated policies to the Board of Supervisors for receipt and/or approval. (Office of the County Executive) (Held from September 13, 2018, Finance and Government Operations Committee meeting, Item No. 6)

Information

Department:Office of the County ExecutiveSponsors:
Category:ReportProjects:Surveillance Technology

Attachments

  1. Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines Surveillance Use Policy (September 2018)
  2. Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  3. Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities Surveillance Use Policy (September 2018)
  4. Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  5. Countywide - Facility Access Control Technology Surveillance Use Policy (September 2018)
  6. Countywide - Facility Access Control Technology Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  7. Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department Surveillance Use Policy (September 2018)
  8. Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  9. Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool Surveillance Use Policy (September 2018)
  10. Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  11. Clerk of the Board of Supervisors - Audiovisual Recording Devices Surveillance Use Policy (September 2018)
  12. Clerk of the Board of Supervisors - Audiovisual Recording Devices Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  13. Consumer and Environmental Protection Agency - Audio Recorders Surveillance Use Policy (September 2018)
  14. Consumer and Environmental Protection Agency - Audio Recorders Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  15. Consumer and Environmental Protection Agency - Digital Cameras Surveillance Use Policy (September 2018)
  16. Consumer and Environmental Protection Agency - Digital Cameras Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  17. Consumer and Environmental Protection Agency - Vector Control System Campus Security Cameras Surveillance Use Policy (September 2018)
  18. Consumer and Environmental Protection Agency - Vector Control System Campus Security Camera Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  19. County Communications - 9-1-1 Audio Recording System Surveillance Use Policy (August 2018)
  20. County Communications - Video Cameras Used for Facility Security Surveillance Use Policy (September 2018)
  21. County Communications - Video Cameras Used for Facility Security Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  22. Department of Child Support Services - ExacqVision Video Security System Surveillance Use Policy (September 2018)
  23. Department of Child Support Services - ExacqVision Video Security System Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  24. Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies Surveillance Use Policy (September 2018)
  25. Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  26. Department of Parks and Recreation - Closed-Circuit Cameras Surveillance Use Policy (September 2018)
  27. Department of Parks and Recreation - Closed-Circuit Cameras Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  28. Department of Planning and Development - Audio Recorders Surveillance Use Policy (August 2018)
  29. Department of Planning and Development - Digital Cameras Surveillance Use Policy (August 2018)
  30. Finance Agency - Security Cameras Surveillance Use Policy (September 2018)
  31. Finance Agency - Security Cameras Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  32. Technology Services and Solutions - Security Cameras Surveillance Use Policy (September 2018)
  33. Technology Services and Solutions - Security Cameras Surveillance Use Policy (Redlined Since August 2018 FGOC Submission)
  34. Public Comment
  35. Public Comment

Multiple Recommendations

a. Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines
b. Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities
c. Countywide - Facility Access Control Technology
d. Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department
e. Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool
f. Clerk of the Board of Supervisors - Audiovisual Recording Devices
g. Consumer and Environmental Protection Agency - Audio Recorders
h. Consumer and Environmental Protection Agency - Digital Cameras
i. Consumer and Environmental Protection Agency - Vector Control System Campus Security Cameras
j. County Communications - 9-1-1 Audio Recording System
k. County Communications - Video Cameras Used for Facility Security
l. Department of Child Support Services - ExacqVision Video Security System
m. Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies
n. Department of Parks and Recreation - Closed-Circuit Cameras
o. Department of Planning and Development - Audio Recorders
p. Department of Planning and Development - Digital Cameras
q. Finance Agency - Security Cameras
r. Technology Services and Solutions - Security Cameras

Body

FISCAL IMPLICATIONS

There are no fiscal implications associated with the Committee’s receipt of Surveillance Technology Use Policies.

REASONS FOR RECOMMENDATION

On June 21, 2016 (Item No. 180), the Board of Supervisors (“Board”) unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016.  County departments prepared draft Surveillance-Technology Use Policies for existing technology (“Policies”) and preliminarily submitted those draft Policies to the Board of Supervisors in 2017At the request of Finance and Government Operations Committee (FGOC), departments have worked with the Chief Privacy Officer and the Office of the County Counsel to make revisions to the draft Policies.

The FGOC considered the following 18 draft Policies at its August 23, 2018 meeting and provided input relating to potential additional edits and clarifications.  Administration and the Office of the County Counsel made additional edits and clarifications to 15 of the 18 Policies.  A clean version of all 18 Policies is attached.  A redlined version is also attached for the 15 edited Policies, showing the edits made between the August and September FGOC meetings.  The Office of the County Counsel has approved the Policies as to form and legality.  In addition, the proposed Policies have been posted for public access and consideration on https://www.sccgov.org/sites/ceo/srtup/Pages/home.aspx.

·        Countywide - Badge/Password-Access Technology for Multifunction Printer/Copying Machines

·        Countywide - Computers and Mobile Phones with Audiovisual Recording Capabilities

·        Countywide - Facility Access Control Technology

·        Facilities and Fleet Department - Security Cameras and Collected Data within the Facilities and Fleet Department

·        Facilities and Fleet Department - Telematics, A Vehicle Fleet Management Tool

·        Clerk of the Board of Supervisors - Audiovisual Recording Devices

·        Consumer & Environmental Protection Agency - Audio Recorders

·        Consumer & Environmental Protection Agency - Digital Cameras

·        Consumer & Environmental Protection Agency - Vector Control System Campus Security Cameras

·        County Communications - 9-1-1 Audio Recording System

·        County Communications - Video Cameras Used for Facility Security

·        Department of Child Support Services - ExacqVision Video Security System

·        Department of Parks and Recreation - Aerial Cameras and Global Positioning System Technologies

·        Department of Parks and Recreation - Closed-Circuit Cameras

·        Department of Planning and Development - Audio Recorders

·        Department of Planning and Development - Digital Cameras

·        Finance Agency - Security Cameras

·        Technology Services and Solutions - Security Cameras

 

Since the impact of adopting these Policies may be subject to the meet and confer process with County labor organizations, following FGOC consideration and direction, the Labor Relations Department will provide notice of the updated draft Policies to the labor organizations, and, when requested, will meet with individual labor organizations over the potential impact of the Policies. Thereafter, Policies will be presented to the Board of Supervisors for consideration.

CHILD IMPACT

The recommended action will provide parents, caregivers, and youth with information about surveillance technologies that may be used by the County.

SENIOR IMPACT

The recommended action will provide seniors and/or those who care for seniors with information about surveillance technologies that may be used by the County.

SUSTAINABILITY IMPLICATIONS

The recommended action will have no/neutral sustainability implications.

BACKGROUND

On June 21, 2016 (Item No. 180), the Board unanimously approved final adoption of the Surveillance-Technology and Community-Safety Ordinance, which became effective July 21, 2016.  County departments with existing surveillance technology as of July 21, 2016, drafted a Policy for each technology.  Consistent with the Ordinance, each draft Policy is required to specify the purpose, authorized and prohibited uses, information/data that can be collected, data access, data protection, data retention, public access, third-party data sharing, training, and oversight mechanisms. 

The Board received the draft Policies at its January 10, 2017 (Item No. 21) and April 11, 2017 (Item No. 22) meetings.  One additional draft Policy for existing technology was submitted to the Board on May 9, 2017 (Item No. 16). Following preliminary submission to the Board, the Labor Relations Department provided notice of the proposed departmental Policies to the labor organizations, and, when requested, conducted, meet and confers with individual labor organizations over the potential impact of the Policies.

At the August 10, 2017 (Item No. 5) FGOC meeting, Administration submitted a status report on the Policies, including the status of meetings with labor organizations.  FGOC requested that Administration submit the completed policies to FGOC in order to provide a forum for public and Committee discussion, prior to submittal to the Board of Supervisors.

Seventeen proposed Policies were submitted to the September 14, 2017 (Item No. 7) FGOC meeting.  FGOC requested that Administration and County Counsel work with departments to clarify and revise the draft Policies prior to further FGOC discussion. 

Administration and County Counsel anticipate returning to each FGOC meeting through November 2018 with additional updated draft Policies from other County departments. 

CONSEQUENCES OF NEGATIVE ACTION

The Committee would not receive the proposed Surveillance Technology Use Policies for discussion.

 

Meeting History

Sep 13, 2018 2:00 PM Video Finance and Government Operations Committee Regular Meeting
RESULT:HELD DUE TO LACK OF QUORUMNext: 9/27/2018 1:00 PM
Sep 27, 2018 1:00 PM Video Finance and Government Operations Committee Special Meeting

One individual addressed the Committee.

The Committee forwarded the item to the Board of Supervisors for consideration on date uncertain as a regular discussion item.

RESULT:FORWARDED [UNANIMOUS]
MOVER:S. Joseph Simitian, Chairperson
SECONDER:Cindy Chavez, Vice Chairperson
AYES:S. Joseph Simitian, Cindy Chavez

Transcript

Sep 27, 2018 1:00 PMFinance and Government Operations CommitteeSpecial Meeting

 

1:05 PMSo without objection, we are adjourned. Thank you all v thank you very much. Call to order for the county st. Caint santa clara, we turn to the clerk.
1:06 PMWe have a quorum.
Both members are accounted for. Public comment is the item number 2. Non agendized items within the jurisdiction of our county. And we have one card today under public forum and that is from Mr. Scott largent.
I have still been trying t get the police report from the day I was arrested out in front of family court. Since i'm on the no come complaint calendar that starts tapping the brakes and prevents me from having a legal defense. I don't see why i'm not entitled to have a police report. They say I have to go through the channels I just told her I believe I should have a police report. I believe that evidence should be preserved and the another role and tricky thing about the arrest for using a kid's toy on a sidewalk, is that the two we'll in here that were throwing out accusations that I what you harassing people turns out that one of these is a minor's counsel through our county and all things my ex is now represented by this woman. So, it kind of gets a little weird now. So the accuser that day that notified the court and made it up the chain of command to george luke consent of surety just seems really shady. I'm fortunate enough over the years but I am very, very luck all she did was drop a charge and release me out of jail and let me defend myself over ther r if I would have been stuck in there I would have lost my visit it every strange but scott has resources now and scott doesn't need freedom of information request and I can find all thi information out for myself and I will. We have tricky things from our da's office. The something to alert the court why they're in there. These failures of our judges and our attorneys out of our public defender's office starts to create all this libeability for the county. Any changes to the committee's agenda. Staff please bear with me because this is slightly unusual. We agreed we would bring these items at today's action and so if you're looking at today's agenda, again, items 8 and ite 11-17 were on cassette, so what i'm going to ask now supervisor chavez is if you would be prepared to offer a motion to approve as our consent calendar today, all those items which is 8-17 motion by chavez -- and then just to clarify again without objection, we have closed sessions items that we are expected to be able to cle into closed session on and we won't formally readjourn after the closed session report. And I think there is a miscommunication from my office about that. Assuming the motion passes in a moment we'll provide it. We will go to closed session and we'll reconvene and announce ay reportable actions. Motion by chavez and second by simitian . And I don't believe we have any comments. We have a comment card for subsequent item and I have that card. Without objection and hearing none. Approved unanimously. Thank you very much. That means if you are here toy only for items 8-17, your aoe e78 has just been dispensed with on the consent calendar. All right. That takes us to item number 4. We have folks who want to talk about the compensation item. Do we have someone from the district attorney's office here. That brings us to item number 4 and it this is yours. And chavez you May have your own mix of issues. They agreed with most of the recommendations that were nonetheless maybe possibly 5 in my account that I thought were worthy of discussion not withstanding the fact that there was some agreement. I'll raise those in a minute and a couple that were identified I believe the phrase is requiring addition in al in addition, we identified poor quality grounds maintenance. I'm happy to give you addition discussion on any item that you'd like to hear about. Folks, let me -- i'm going to March through these by number and as I mentioned there are happene handful that I think the are worthy of discussion and coupl where there appear to be issued to resolve. I want to start with recommendation that actually think is the directed at the board of supervisors and that's 1. 3 and indicates that the board of supervisors to activate a policy and also my inclination would be to change recommendation and advance it to the full board with recommendation that we direct administration to return to the board with a draft policy governing did he activation. It should be included in that in the board's new badge policy. There is no reason we can't have a resolution. I realize we've just gotten se cards on item number 4 and what i'd like to do is we have two f them is just go ahead and take those before we take any preliminary action. Do you have we any questions? I I live in morgan hill. I have comments on section 6 o the report dealing with gardners and integrated test management program. There is no mention of your 2 ordinance which created the program with the goal to re if not eliminate pesticides in county buildings and on county land. Secondly, the discussion of the relationship between the manager and the gardeners weeded out what I believe was the communications channel we established to connect the program with the department and that is a group called the technical advisory committee or tag group. T-a-g. County parks and county parks and all have assigned seats which meet several times a year. In the times I have attended in in the previous years they were always present and never raised this particular issue of not being able to do their job because of this program. So I would say going forward a good motto would be consult early and often.
1:20 PMWe have a card from scott largent as well.
Hi, good afternoon. you just kind of wonder when things are going to get fixed. I believe this facility works on things like that. Our front door out here was the same way. What I would compare it to at the hospital they have the regular emergency room. They had a clinic. So when you don't really need to be in that e. R. They have another area you can go. They get you taken care of. Do we have anything like that? Because when we had a problem with your air-conditioner in in the hallway they put 10,000 buckets with water. Every time the buckets will fill up and it's going to cost t county so many more ways and the bathrooms in the sinks break it's like an ice skating rink. Is there a triage thing? How do we fix things right when they break when it's right in front of everybody here. I consider that the best foot forward and we should repair things right away and repair the front of the jail right away. I don't know if you handle the courthouse over there, but that's dilapidated over there. It's like the mirrors they have on top, like the tinting, that stuff looks like crap for 25 years. People are many coulding forwa they were like, I thought the windows were broken the last 20 years. People just don't pay attention to it and I think it's sad. You see the work orders ever where around here. Sometimes I see them for 6 months. That's what I would do when I ran a business. I would repair things like that right away. So thank you.
1:22 PMThank you. i'll confirm with the clerk. We have no cards for this item, item 4. We'll go back to the order in which we were proceeding. We talked about 1. 3 and 1. 4 and supervisor chavez i'll entertain a motion. Then moving onto items 3. 1, ts was a recommendation that facilities and fleets should implement policies to ensure compliance with stated law for contracts they'll continue to develop board contracts wherever possible and provide written policies. Going to turn to Dr. Smith and Mr. Marques here as well. but I think correct me if i'm wrong, my impression is that folks were doing sort of smal bids as possible -- when it was possible back in the days when we did not have the resources have a more thoughtful program. And that what's happened over time that's become the norm rather than saying, all right, what are we going to do, acknowledging that ends up totalling a significant sum and in order to comply with the state contract code and public contract code, we really do nd to do these as formal contracts rather than go -- and to be clear i'm not suggesting anyone who was trying to split the bids or anything like that but I think it was a matter of ad hoc and no longer in a place where we need to be doing things quite so ad hocly if that is a phrase. It can we talk a little bit about perhaps a more specific path towards making sure that we get these contracts to the board and know what they are and that we're not essentially piecemealing them in a way that circumvents the letter. Dr. Smith?
1:24 PMThis is something that we in administration have been working on and was one of the major reasons why we recommended the creation of the occm and have totally reformulated the procurement department and procurement processes. You're right, basically during the lean times this was a sort of the only way to get things done in an expedestrian dish should yous manner and now we're changing the way we do it, looking at a central level much more acutely at issues and so from an administrative perspective and we are confident that all the issues were addressed. So they're all going before.
1:26 PMWell, it's my understanding is that in the ordinary course of events, foll I appreciate the response of the county executive and we ask that we sim preu receive the recommendation. But I want to under score this is an area where we need to figure out how we up our game.
Thank you. I want to say that for items below, 3. 2 and 3. 4, that I t that there are the issues that Dr. Smith raised that are really important in terms of aligning with I ter inern itl policies and making sure that the policies as they get written and developed by fas are shared with the bod there shall a lot of reasons for that. But I also think that one big reason for that is just having a better handle all across the board on how we're doing contracting, particularly as we're looking for opportunities for streamlining and they look more critical when we're trying to move faster. It did appear that esa has had to process some cannot concerns and I just wanted to take a minute to say, can we make sure that we get all systems in sync with one another so we can make progress on this or are we going to find ourselves victims of o own organization process. Mr. Mills, what do you have to say?
1:29 PMYes. thank you. Relative to the designation of a second lead gardener, no I don't we'll become a victim of our process. But given that currently in the sciu contract, the designation of a lead gardener is limited one position we would need to approach the union likely through a side letter agreement to amend the contract to designate a second lead gardener.
Help me understand that a little bit better. I will confess my knowledge an understanding of the provisions with respect to lead gardeners is limited. If you could tell me, when you say it's limited to one, do you mean the contract provision says we're precluded from having mo than one lead gardener.
1:30 PMYes.
The the reason somebody thought that was a good provision?
My guess at the time would have been that given the structure of the department as it existed when that language was negotiated, given the span of control as it existed when that language was negotiated this was a way to limit the designation of lead compensation to more than one employee when it May not be necessary given the span of control that existed at that time.
All right. but this is something you think you could work through through a side letter, yeah?
Yeah.
Any other issues here in making all this work?
No.
Any concerns you've got?
No. I would just remind the committee that the full board approve that second lead differential as part of this annual budget.
1:31 PMThank you. and management audit, any additional comments?
Just to point out to you that the structure of the gardeners and the way they work every d is two groups and at the moment currently we have one lead leading one group and the oth group leaderless.
Okay. well then thank you. When the time comes here in a few minutes i'll ask that we simply receive recommendations. But my recollection is, Mr. Mills, that esa audit is expected to be out December of this year; is that sounding right?
Yes.
I'm hoping that as we go through that exercise as well that we are -- find ways to smooth out some of these issues as well. So, we'll keep our fingers crossed on that one. Then, the next item I wanted to speak to is item 6. 5 and supervisor chavez thank you. Please chime in here if need be. This is the push and shove between thipm program and exceptionally as I read this we've got an ipm program wh actually -- supervisor chavez was sort of taking the lead on in the late '90s and 2000 before supervisor arrived.
1:33 PMSince the audit was published we made significant progress. Behind me in the audience is julie sutton who joined the county with program manager to help us with sustainable landscaping who has experience managing and operating within constraints. And I wouldn't be in a position today to say that there's significant problems because I need her help to look at this and I look forward to coming back in about 6 months reporting on progress. I think for record my remarks in there I still stand behind they will. Hand pulling weeds is not a viable solution for the amount of real estate we have.
1:34 PMTell everybody why?
I don't think we can ever be staffed for the amount of soft scape that needs our care and attention to hand pull weeds. But I think julie has creative ideas and she's getting off running on the ground and I think when we come back in 6 months we can have a more meaningful discussion.
Let me connect some of the various exercises that are underway. We have a landscape needs assessment and a county wide tree inventory going forward, yes?
Correct.
Is that what you're referring to or something different and/or addition in al.
I'm also referring in addition to those two issues julie's experience and how she can help us to sort of navigate the waters of alternatives that are out there. I think committing a portion of our funding toward landscape and tree management projects can help us reduce the work load and make things a lot better.
1:35 PMGreat. then what i'm going to ask for in a couple of moments that we hold audit recommendations 6. 5 pending this committee's repeat of the results of that landscape needs assessment and the county wide tree inventory and needs assessment and work that you just described and that we direct the administration to return to our committee with a presentation on the results of those two assessments and additional work that you described and possible recommendations to improve the state of county facility landscape which might or might not include the approach you just described. I will just say supervisor chavez and the staff and public who May be listening, we had a fair amount of conversation over the last few years about creating a consistent brand for the county, things as basic and important as signage an important. I don't think we want our brand to be taj mahal but I don't think we want to be untidy and unkepte un-kemped either. It's going to be an interesting and important challenge and i'm looking forward to see what you bring back to us in that regard. Then on recommendation 7. 1, th is a recommendation where it looks to me there May be a difference of opinion. Again,healthy and important conversation to have and this is around the establishment of an apprenticeship program for the trades and as I look at the recommendations, ms. Sullivan and Mr. Tkpwur rare ra, it's roughly 25% and for trade the rates are higher for folks like carpenters and plumbers and hvac mechanics vacancies are 30, 35, 50% in some cases. Esa on the one hand we agree with but then on the other hand points out all the reasons why that's not likely it to work is the way I summarize it. Would you like to clarify my assessment or correct it if need be?
1:37 PMYes. I wouldn't necessarily characterize it as reasons why it's not likely to work but just more along the lines of managi expectations of outcomes. If we get any I think if I remember correctly suggesting we May not see any resulteds of a(disprogram by as many as 5 years and concerns about whether or not somebody who apprentices with us stays with us. All those things being top of mind, you're trying to manage our expectations; is that a fair flushing out of what you described?
1:38 PMYes, that's correct. along those lines too it's going to require a fair amount of effort up front to establish the conditions that would necessary to make a necessary's apprenticeship program successl of.
1:39 PMIs that code for higher I think whats.
Not necessarily but could be.
Supervisor chavez.
I was going to go through a few things. But let me speak on this one. My recommendation here would be to have a conversation between Mr. Snow and Mr. Mills and beenie at the council and I know that you started to reach out to them. But the thing that I think creates interesting opportunity for us on is that with the community workforce agreement which we really haven't implemented and I want to talk a little bit about that as well. One of the key components is to get us to partner with institutions like bta and we're for getting the organization that we work with u-but to try to get? Non traditional folks. We have a high rate of vacancy across the 9 counties because building is at a premium right now. But the one opportunity that we still have, I think as an employer is to help people get through these processes more quickly and what that means is what is our connection to the actual pipeline. And after this got published I had an opportunity to speak to Mr. Beenie. so on this one, what I would like to ask is for a little more digging in on options. Because I really do agree that creating our own program feels a little long. It does feel long and there are other institutions up and going. I want to give one example. We were approached by the center for employment and training because they are interested in offering some of the on going apprenticeship programming you need a certain amount of class time with new technologies and new testimchniques and they're starting to open a school that ill with be open in the evening and one where programs can be done online which creates an opportunity to be able to hook people to maintain those positions. On this one, i'm not satisfied with any of the -- when's on table. I want to encourage everybody to go back and have these conversations relative to policies that we already have. Does that make sense to you guys about why?
1:42 PMSupervisor chavez I had been inclined to simply receive this recommendation and forward it to the board and ask our board to direct the administration to return with a report about perimeters of the county building to establish a trades apprenticeship program. But sounds to me like you're suggesting that yes, come back for such a report but such a report might also include alternatives or other options.
I think there is a benefit to testing that -- testing those opportunities as well. I mean testing -- because other people are having the same problem we are right now and it would be interesting to have conversations with what they're doing besides help wanted ads.
Two other topics that were identified as requiring or least in my judgment. If the county executive or coo want to get involved here that might be helpful as well. Supervisor chavez way back when I what you here in the tpweurs time I was the guy who pushed for the 2% set aside for maintenance on our buildings so that we would not accumulate the kind of long term deferred maintenance that had plagued the organization for a long time. And Dr. Smith, if I remember correctly, that went by the board during the recession wh people understandably whether I would have agreed or not, but understandably said, we are going to have to defer some things to make dogs stretch as long and as far as he we can. We're now back to trying to follow the two% policy from way back when. But one of the things that came through in review was that's better than not having a two% policy and better than not doing well but there is some facilities where two that is May be inadequate. So if I read this right, I thk the indication was that some of the counties facilities that are heavily used and one that comes to mind are the jails where y have 24/7 use and from clien who aren't always happy to be there. That May produce a different level of need. Anyone want to talk about that a little bit and how we might move forward on that. I'm wondering whether or not we get some additional analysis and whether or not that might be folded into our budget process. I guess next budget is 19/20 bucket.
1:44 PMYes. we certainly can give you more analysis during the budget process. My read of the report suggests and certainly we would recommend that we not necessarily develop different across the board percentage than the two% but rather we identify those facilities that need more and individually allocated those funds that are necessary for them to be brought up to speed and be continually
1:47 PMI think that the 2% is really designed more for office buildings. And office space. As opposed to some of the more specialized properties particularly the jail where you have people who deliberately damage the facility. But I can defer to Mr. Snow's assessment of that. But i'm sure that one facili and we might want to look at that particularly tkpweufb that we have seen issues of maintenance with the jail in particular. The other item has to do with issue of compliance with the procurement and purchase orders and I just want to con firm that fiscal year '19 of the procurement will include that issue to determine if the problem is present in other departments. I'm wondering if we should call the person who did the research on this. Just might mention that the majority of the purchase order purchase happen within fleet and facility and roads and airports.
1:50 PMI was staffed on this audit. eventually what we found is there I believe 10 vendors who were vending -- who it's also policy that if there is any vendor that accrued 25,000 or more in a single year that the department report that to the procurement department. It seems that that was not being done. And part of the rational for why spo's were being used in lieu of was that there was some confusion amongst staff on when and how they should be used. Policies themselves seem to not be the issue in terms of the $25,000 limit and then again these $5,000 limit per purchase was being followed.
1:52 PMSo the issue here is making sure that people know what the policies are and then follow the policies?
Another issue is how especially for emergency items the purchase May be expedited if the process is too long or field purchase orders are accruing to an amount that exceed the policy limit.
1:53 PMWell, pleased to hear from the management audit that the fiscal year '19 audit will include this issue. That it for me, supervisor chavez. Are there issues that you would like to cover that I haven't already referenced one of the points he made was that leasing tpaeultss has been focused on a very specific area of work and it's been growing rather rapidly and the scope of work that me and others have sort of pushed on or wanted to give to facilities don't immediately fall under you. One of those issues that he was talking about was when I initially asked for assessment of all the properties we owned and what we were doing with them and whose job was it to make sure we were getting out of leases and purchasing and all that stuff. And his feedback was thoughtful because his point and I thought this was very valid is that the way fleets and facilities is currently staffed May not in fact be responsive to all of the different requirements that we're having that are more slow in nature like a policy here and there. When I got here it was clear that we had some of the internal service department's which had suffered from we started looking at procurement we did outside consultation and reviews and transfortunately playings efforts in both which have been very successful and we're completing the transformation efforts in i. T. Which i'm also sure will be very successful t bring them up to current standards in terms of appropriate job descriptions the facilities and fleets department was left as a third effort for a couple of reasons. One it had at least the time I started a less urge end need than the other two because procurement and information technology are critical to the actual function of our organization and ro providing appropriate service to our clients. Whereas facilities, although important was less as a priority. On top of that, however, with shall I say new board and new realities of measure a and new desires from the board, the focus on facilities and fleets has become a much higher priority. Many those were in facility I fleets so there was literally almost no way to communicate with large majority of the employees in facilities and fleets. We've fixed that but shall I say in a nice way that large part of the department was unreachable. So, if, for example, from the board's perspective if the alignment of this department with the changes and work that are being done in procurement as an example, then that tells the staff and the staff can come back to us and say this is what is realistic to do. One of the things that I realize, we set an expectation that says all things that are as important and we want to have them come back to us done. And then I think it's back and forth about what people didn't get done versus us really being able to track progress. Sha
2:01 PMThat would be great. we would love that from an administrator perspective so we can goodive you some idea of priority setting and why.
And then if when this came back to us in its first 6 months that those time lines were imbedded with owners of the projects. I just think that's really critical. We see those as internal customer organizations, the transparency and the partnerships that they have with the organization itself. And there are two parts to this. One you have made the point to me over and over again -- why mean this in a bad way but you said i'll bring something up about esa and you say, yeah, yeah, but the department, blah, blah, blah. We go back and forth. And I think part of what we want to make sure of is that there's a concrete method for service provision between the institution and the service provider to the organizationl. We don't spend a lot of time on the he said she said but not working with the systems. Again what it puts us in a situation about doing and I just want to use the 25% vacancy rate as a point. You don't know what you have in front of you. And you also can't say, okay, well, this May be an issue relative to the economy versus this is an issue relative to the way we're training people or the way we're on boarding people. There is no way to know that. So, one request I would make is that whether it's this audit or another audit that we imbed into all 4 of these departments and begin with one of them a -- looking at the best mechanisms for transparent communication and relationships so that we understand where to weigh in and where it's not necessary. Because I think that would take -- it puts pressure on all partners because it means we have to be forthcoming about what's working and not working but I think it keeps us from -
2:04 PMWe'll come back to the boar with more discussion of that. Is we haven't been able to do it so far because administratively are getting a handle on like I said transforming those departments. Procurement May be one of those places because so much of the communication is done via e-mail that there May be a web based tool we can use that tracks when people are making their requests and that -- I thought that was going to be part of it. But I know you're shalling working on that. It's just a place to start. You made me think of it because we were having this discussion. But I would be interested in whatever mechanism you bring back. Those are all my comments
2:06 PMVery, very, very helpful.
To recap, the chair would gratefully entertain a motion as I said earlier to receive recommendation 1. 3 in advance to full board of supervisors with the recommendation to direct the administration to return to board of supervisors with a draft policy de activation and destruction. Just to indicate the concern about making sure that we are compliant with the public contract code and not working with amounts that are more ad hoc and that are by virtue of their smaller size at odds wi the approach expected under the contracts code. Is that something we should look for in our committee 6, 7 months from now. Is that the right timing on this?
2:08 PMYeah, i'd be comfortable with the 6 month report back.
Let's do that. let's ask for the 6 month report back. Does that work for you?
Yes.
Thank you. and then on the issue of apprenticeship program just trying to incorporate the comments that were made by supervisor chavez as well. We would receive recommendation and advance to the school board supervisors. We revisit that issue other 2% might be appropriate as to your budget review. With some discussion there.
2:09 PMI would like this audit to come back in 6 months with a discussion that we just had having time lines along with the staff outlining with a few priorities and then the other was that Dr. Smith offered to come back and I would recommend perhaps this committee with taking a look at transparency and accountability and partnership with whatever institution. These internal service organizations to have accountability and put it back on the partner organization. Thank you to all who participated. Can I take item number 5. I have a couple quick question we have somebody from county council's office here. I think Mr. Coelho is there. superviso supervisor chavez I looked at the most recent. Only questions that I have and this is topic that has come up in a prior conversation but I want to revisit it. I'm look at packet page 147 if that helps anybody and for those of you who aren't working from packet pages this is the badge access technology for multifunction printer copying machines. We are going to keep the data according to the data retention standard 6 poeuage 2 of 3 for t years which struck me a long time for keeping data about who accessed a copying machine. And then similarly for the facility access control technology we had a two year standard there under data retention as well. Package page 159 and page 2 of 3 for facility access control technology and let me ask, Judge Sefor you to introduce yourselves and i'll ask my one question and see if we can't move then to supervisor chavez
2:12 PMAssistant county council rob coelho.
And chief officer mike shapiro.
Do we need to keep this for two years? I know there was expression about statute of limitations I think was one of these that ca up. But we've got law abiding employees and law abiding elected officials presumably who are having their movement not only recorded but then kept for two years. I understand that we need the information when somebody's not law abiding, but thoughts?
2:13 PMYeah, supervisor, it's an excellent question and one we talked with the county administration, the departments about. I've been at the county for 10 years. Part of my practice for the county is defending the county in both tort litigation as well as wage an hour litigation and we have in fact used the badge reader technology as it relates to fsla claims for overtime as well as tort claims involving incidence that occur on county property including date that's more than a-year-old to help defend the county and advocate. The reason for the two year statute from data that was used in the real world in year's past. How often over the course of the year or two or three and where i'm headed with this i'm trying to get a sense of is this -- how often have we really used data that's more than a-year-old compared and contrasted with the tens of thousands of folks who come and go. We move these policies forward as written. That's not to suggest that the rational that you provided is anything other than holy legitimate. At some point we have to ask ourselves how far are we going to go in monitoring the behaviors of law abiding folks for that 5 out of 10 year speaker hes and i'm sure there are others. But it's to me a tough call on these when we get to that kind of experience. So, I will move approval and ask that we direct these to the full board with the favorable recommendation. Supervisor chavez? Without objection then before we take a final action on that I do have a card from Mr. Largent and we'll ask him to come down and offer whatever thoughts he might have. I'm sure you'd like to know that. Thank you.
2:18 PMThank you. motion by chavez. Without objection, approved. And this item will come to o board for action and public session. My recollection is that that comes with the explicit understanding it will not be on the consent calendar because our ordinance requires it be on a regular agenda, yes?
That's correct.
Thank you again. just a heads up for the clerk's office on that one. Thank you.
That takes us to item numbe 6 and item number 6 deals with elected officials compensation for our 3 county wide elected officials. Mr. Mills do you want to present on this and then we'll hear from the district attorney and the sheriff if she wishes. There is a compensation process and a compensation framework to annually review the compensation for the 3 positions of district and sheriff. As part of the process, the board approved a compensation review framework that considers the perimeters of whether or not the position is within the top 3 for compensation in the state. Looks at the market, mean and the 75th percentile of the position relative to comparable position of the other counties in california and excessive compaction. If the position is not within the top 3 of compensation is above the market mean and 75th percentile and no compassion is demonstrated than per the board approved framework no adjustment is recommended. And this practice accepting the top 3 criteria and also consistent with the county's complication review practices for other county classifications. With that overview included wi the committee's packet is al the compensation serve x-ray information for the 3 positions as well as a copy of the board approved compensation process and the compaction review. There are two attachments to this item. One from the district attorney and one that I presume is from the assessor which I think is what was projected on overhead earlier.
2:21 PMI have no questions, thank you. Do you want to hear from our elected officials. We'll go to our elected officials ask and then I have one card from the member of the public. Would you like to go first?
Thank you. first of all I want to say that i'm well compensated. Not here to cry or anything like that. But compensation is a common and accepted method to recognize and reward value. It's the exact type of results that I have delivery believe as your county assessor. It is a method used effectively by county management. Over the past 3 years at least 67 county department heads and senior managers have received salary increases averaging $23,000. Some of them are listed on the screen now. Which reflects only single year increases and not over years. During the same 3 year period directly elected managers, us have received zero. I receive no cost of living adjustment or financial recognition of my performance. I'm a department head. My compensation is equivalent to deputy or assistant department heads. My compensation is equivalent to the administrative manager of the sheriff's office. The process the board has adopted to determine my combination is not fair and it is not equitable and violates the county mission to treat all fairly. It has no performance criteria whatsoever and totally orb temporaryry. The only criteria is as long as the assessor compensation is I the top 3 of california assessors no increase is warranted. Consequently, my compensation is frozen at number 3. There's no path to move up whatsoever. There's a ceiling but no floor. The policy that puts my compensation on a permanent downward trend is the policy that you have in place today. Let me return and comment on compensation as a way to recognize and reward value or contribution to an organization. Last year my compensation was 48th in the county. That's after removing all employees with medical doctorate degrees. Today it's 68 highest in the county. At john mill's recommendation of no change i'll be closing in on 100 highest paid county employees. Do you really believe that the county assessor responsible for managing the department that generates $5 billion of review annually should be 68 or later if adopted something like 88 highest paid employee regardless how I got here by appointment or election. Do you really believe that? It compares my compensation with other assessors in the state. But i'm frozen at number 3. I can't go above that. Three years ago the total difference of compensation between the highest paid assessor was approximately $10,000. Last year it went to $20,000 and today it's $30,000. Why? Because the board of supervisors in alameda county and san bernardino county recognized the value of their assessor. Since last year the san bernardino assessor has reed an increase of 6. 2% and the alameda county assessor increase of 4. 3%. I got zero. Assessed value and the value at risk at santa clara is much, much greater than san bernardino county or alameda county. Consequently i'm falling further behind the very ses assessors i'll being compare to. Your top 3 policy doesn't preclude you from increasing my compensation, it uft Judge Says my compensation saturdays identifies the current policy. Every person on this right now include willing the two elected officials have received annual increases since the recession. Because your salary is tied to the judges you have an increase in pay all 5 years. So i'm asking nothing less than what you all have received. All i'm asking you is to be fair and equitable to the three can I wide elected officials.
2:26 PMShall we go to the district attorney equ next.
Good afternoon.
If we could ask to you pull that mic up a little bit more.
Good afternoon, supervisors and Dr. Smith and everybody else with us. We were last here a year ago in September of 2017 and there was a discussion about the framework for the elected official's salaries and one of the points that I made at that point was esa has said when it looks at compensation throughout the state, it looks -- one of the things it looks at is cost of living and it looks at cost of living increases that those elected officials received. And I said, but there's nothing in the county's framework that looks to an external cost of living as a way of seeing how the salaries are doing per inflation. And at the time board president cortese supported analyzing the use some form of indexing and he directed esa to look at this f item. I then wrote esa a memo about a month later back in October which is part of your materials, I sent this to john mills and I said, look, in the memo to the board the survey you used looking at counties includes top 3 compaction but also general cost of living adjustment and I said why not simply add colas as something that you look at as well? Ask I never heard back from esa and I suggested to esa to use a consumer price intkefplt for all consumers and I never heard anything from esa and never heard if there was any off agenda item that esa responded to from supervisor cortese. So esa didn't include the cola. Since the last 3 years now th they have received any kind of compensation increase during that time the consumer price index for bay area has gone up 9. 9%. What I have asked for is the most recent cost of living which according to the consumer pric index for the pay area is 3. 9%. E. R. A. Pointed out in its memo 11 of 13 county dz sur sraeufd their da a received a last ye ragin ragin raging. The two counties that did not were me and san diego county. Esa is probably not aware that san diego has a new district attorney. And so, in the middle of the firm, the prior district attorney resign and a new district attorney took their place. I expect that that district attorney will receive some kind of cost of living increase next year. In addition the framework that e. Sa suggests if that -- that framework is not applied to executive managers from county to all the kphebgtive managers in d. Office over the last 3 years have received approximately 9% increase and i'm only employee in the da's office who has not received one. And the framework that he pro poses if that was apride to prosecutors or public defend earth or anyone else who worked in high office who is any of the labor aoupb ups in the county, nobody would be receiving an increase. This is a very expensive place to live and the prosecutors and public defenders are the highest paid in the state. I'm not coming here saying make me the highest paid district attorney, although I do run largest district attorney's office north of los angeles. Considerably larger than alameda county and more than 4 times the sides of san mateo county and I think I run it pretty well. I think the process that's been set up is not fair. I think atkpwrae with the assess are i'm not here to cry poverty, but i'm here to say, treat me fairly. You treat my employees fairly and everybody else in the county fairly. Treat the assessor and the d. A. And the sheriff fairly. Thank you.
2:31 PMMr. Mills, before I turn to superviso superviso superoup chavez do you have any clarifications you want to make about the process issues that the district attorney read?
I think the only thing would I add is the process that esa undertake to present this information to the board as pursuant to the process the board approved last fall. So if the board would like esa to look at other perimeters that were araofd last year, we would be happy to do so at the board's direction. I know that the assessor and the district attorney had both referenced performance from esa's perspective as personnel administration arm of the county it's difficult for us to recommend to board or to design a framework that takes into consideration performance as it relates to elected officials because they are elected officials. They in a sense report to the voters and the vote earth essentially give them a performance evaluation through the electoral process. The process and the erpl and meet earth that we have gem and that board has approved are consistent with our practices that we use for classifications county wide in terms of market comfort ability and compaction. I know that the assessor reference reference referenced various others who received adjustment in the past. And those again are not necessarily comparable classifications to classification of the assessor. But those recommendations again were made pursuant to marked surf va x-rays and only colorado nation and some of them pursuant to reclass indication. This were there were processes that informed those recommendations as well. And for those classifications as I said earlier there's also a performance aspect to those because those positions all go through an annual performance review phro ses as well that isn't applicable to the elected official.
2:34 PMThank you. I think there was a concern about cost of livingish other you that the district attorney raised and whether or not there was any response to that. Did I get that right
>> yeah, supervisor cortes requested an off aengeneral da item related to that. That's why I epbt sppb my home mow from pr hruldz and I never anything and an off the he den engineer report. Eye like to know if he prepare a report about using cost of living and index by senator
Pwutsd I think Mr. Mills, if we don't know it would be helpful to know to go back to the meeting which I believe was September 26, 2017. Am I remembering the day correctly?
2:35 PMYes, approximately a year ago.
Look back at the direction of the board on that particular issue so just we can make sure that when I side it's going to come to the full board that we have that information available and whether or not there was rerequest rerequest and if so was there any follow-up and if so, what did it say and if not should there be and is there actionable request or direction. Unless there is anything you want to say about it now or if you want to, that's fine.
You have proceed as you recommended.
My practice when a member asks me something or requests something, generally I follow up on that. I think when members of the board of supervisors request county staff to do something they generally follow up on that. So, no, I understand that super cortese was not directing esa to do this but merely requesting. My point is, when you guys request something up there, we do it. I also think that the report is consistent with the current policy. I mean, not making any judgments about this. But apparently what we object to is the current policy that has no provision or criteria around any kind of performance. All those salary increases have some component of merit or performance. I hope they do at least. But everybody else in the county is compensated to some degree or another on basis of what they do. There are metricses galore o the state for evaluating the perform answer assessments and i've given you those a lot of those most important once year after year after i've been here. The way we performed at the ballot box we get very high performance eval saeugsz and increases and compensation. At any rate that's not really the point. They don't set our salary, they just say that we're -- we can continue on for another term.
2:37 PMI just -- I want to be clear about request, Mr. Mills. I generally don't remember whether that did or didn't get incorporated I don't know what if anything ever came of that. I'm suggesting we get that matter tidied up. Whatever the appropriate tidying up it involves between now and when this comes to the board. What i'm going to request in a minute and I don't know where my colleague will be on this. But forward this to our full forward without recommendation. And what what he do now i'll turn to my colleague to find out what she thinks about that and then i'll go to the account executive.
2:38 PMI do think it should go to the full board without a recommendation.
I'll turn to the countyiv expect infrastructure.
2:39 PMI what you going to add some process questions about the performance evaluation since the elected officials are not technically employed in the reporting relationship with any members of the county. They are employed by another county but they don't have superviso supervisor. If there was desire to a performance evaluation it would have to be done in public rather private. Just want to clarify what form it would happen in.
Thank you. now we have one speaker who has spheud a card. Mr. Largent would you like to come on up.
2:40 PMThank you every one. I heard our d. A. Say he thinks he's doing a pretty good job. That's kind of weird. I would have expected more -- that's just weird comment. That threw me off guard. I am not a fan of our district attorney's office. I am saying this from experiences I dealt with as far as my grandmother. We get calls non stop at her house from construction companies. They're just trying to prey on my poor grandma. We are on the do not call lists. I got all thee familiar lets trying to project elders and it's their job and poepb in I and none of that stuff is happening and I wonder why you can't pro equity it my grandmother. I had a conversation with mike wasserman and he did a thing out in south county at a retirement center. He had 2 or 300 old seniors out there and they were talking about same stuff. Companies calling acting like this were microsoft soft and when you're old and not necessarily senile but she truts people. So she's there logging on and why do we have to figure those things out. Mike says that's a fantastic idea. Next time I do this i'm going to let them know that. Why can't the d. A. 's office go after these people. I'm upset about that and I thi we need to reduce his salary and stop prosecuting people like myself. Because of my insult today toward jeff rosen he'll find a way to charge me on something or violate something.
2:42 PMLet me confirm with the clerk I don't believe we have any other speakers on this item. At this point supervisor chavez if 82 you are prepared to forward the item without recommendation without objection motion is approved. Thank you very much to all who participated. And that takes us to item number 7 and as I mentioned earlier we'll have that portion of the pre presentation in open and public session which we can and then if there are issues that require closed session we will recess to closed session and then come back and reconvene opposition and make any announcements if there be about actions taken and then we'll adjourn. Who would like to begin. Are you beginninger of this conversation?
2:43 PMSure. i'm cheer information security officer. Anything you can share about a report regarding county election and voting privacy.
Just that my work continues to bolster any and every possible cybersecurity protection we can for the registered voters and continue our efforts in implementing those items.
2:44 PMAll right. I believe we do have information that you can provided which is appropriate for closed session discussion.
Uh-huh.
Let me turn to aoeut uhm number 19 for announcement prior to our recess to close session and I believe I look to county council for that.
We'll discuss item in hum 20.
All right. then pursuant to item number 20 we're going to recess to close session to consider the following item and that is 2 and thank you very much. We are now recessed and reconvene shortly. Thank you very much. We have been in close session and we are reconvened in opposition pursuant to number 21 on published agenda. I'm going to ask the council's office if we have anything to report from the closed session.
3:03 PMNo reportable actions taken at the September 27th sewed session meeting.
Thank you very much. is there any reason or any objection to adjourning pursuant to item 18 on the published agenda. If not without objection. Pursuant to item 18 on our
3:04 PMRecording was Paused