Nora Frimman, City Attorney June 14, 2021 The Honorable Theodore C. Zayner Presiding Judge Santa Clara County Superior

Mentoring Talent and knowledge are lost or wasted in organizations that do not create a mentoring program. Mentoring potential recruits and firefighters currently is voluntary, loosely defined, and unpaid, which hampers recruiting efforts in the SCC Region. The City disagrees partially with this finding. Welcoming, coaching and mentoring prospective Firefighter Recruit candidates is a longstanding tradition in the San José Fire Department (SJFD). Candidates are encouraged to visit fire stations and firefighters are encouraged to accommodate meetings while on duty. Successful candidates often comment on how they benefitted from the coaching and mentoring that resulted from fire station visits. One of the objectives of the annual Women’s Boot Camp is to connect SJFD female firefighters with prospective female applicants. Promotional processes for supervisory ranks of Fire Captain and Battalion Chief are clearly defined and include State Fire Marshal Fire Officer courses covering multiple aspects of job elements and are taught by fire service professionals. These courses are offered on a recurring basis by the Department and employees are eligible for education reimbursement benefits. Employees interested in senior management positions may participate in the City’s Mentorship Program, develop mentor-mentee relationship with peers and/or supervisors, and the Fire Chief accepts all employee requests for career development engagement. The Department agrees that mentoring is an important aspect of career development and will continue to evaluate and strengthen existing mentoring pathways and pursue other viable opportunities.

Opportunity for Promotion Although there is an insufficient pool of women firefighters, the SCC Region fire departments are promoting women to management positions. The City disagrees partially with this finding. Currently the number of female firefighters in the San José Fire Department (SJFD) less than half of what it was at its peak in 2010. While numbers are presently trending upwards, only six female firefighters currently hold ranks that would enable them to compete for senior management positions. While the Department works to increase hiring diversity, it may take some time before outcomes are reflected in senior management ranks.

Work Environment Although every SCC Region entity has a non-discrimination policy, the unique work setting of a fire department coupled with the low number of women in fire service presents out-of-the-ordinary workplace challenges because they live together and rely on each other during life-or-death situations. These unique features of this workplace make it more challenging for women to report discrimination and/or harassment. The City disagrees wholly with this finding. Annually, each employee is required to review the City’s Discrimination and Harassment Policy which includes both direct and confidential options for reporting discrimination and/or harassment both within and outside of the City organization. The policy also affirms intolerance for retaliation or reprisals against witnesses or employees who in good faith file harassment or discrimination complaints or provide information in an investigation. Additionally, all employees receive recurring sexual harassment training as required by California law and, the City offers several avenues for any employee, including sworn female fire personnel, to report concerns including to the City’s Office of Employee Relations and/or to raise anonymous concerns via the City’s Whistleblower Hotline. The Department recognizes the unique nature of the fire service organization and the challenges that firefighters confront in the course of their daily work but does not believe that this makes it more challenging for a female in the fire service to report alleged violations of the City’s Discrimination and Harassment Policy.

Gear Due to ill-fitting uniforms and gear, women are not on a similar footing as their male counterparts. Women should feel secure in their everyday uniforms and formal wear and, for safety reasons, have properly fitting gear when engaged in firefighting. The City agrees with this finding. While the Department has no evidence that this circumstance has resulted in compromises firefighter safety, the Department has confirmed that employees would like more sizing and style options for uniforms and other worn personal protective garments.