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A G E N D A
Regular Meeting
of
September 21, 2009
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
A request to hear an item after 5:00 p.m. should be directed to the Executive
Officer as soon as possible following the receipt of notification of an upcoming hearing. Requests may be made by telephone at (415) 252-3247 and confirmed in writing or by fax at (415) 252-3260.
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Order of Business
CALL TO ORDER & ROLL CALL
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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APPROVAL OF MINUTES
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ANNOUNCEMENTS
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RATIFICATION AGENDA
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SPECIAL ORDER OF BUSINESS
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CONSENT AGENDA
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REGULAR AGENDA
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HUMAN RESOURCES DIRECTOR’S REPORT
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
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ADJOURNMENT
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NOTICE OF COMMISSION HEARING POLICIES AND PROCEDURES
A. Commission Office
The Civil Service Commission office is located at, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102. The telephone number is (415) 252-3247. The fax number is (415) 252-3260 and the web address is www.sfgov.org/civil_service/. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday.
B. Policy Requiring Written Reports
It is the policy of the Civil Service Commission that except for appeals filed under Civil Service Commission Rule 111A Position-Based Testing, all items appearing on its agenda be supported by a written report prepared by Commission or departmental staff. All documents referred to in any Agenda Document are posted adjacent to the Agenda, or if more than one (1) page in length, available for public inspection and copying at the Civil Service Commission office. Reports from City and County personnel supporting agenda items are submitted in accordance with the procedures established by the Executive Officer. Reports not submitted according to procedures, in the format and quantity required, and by the deadline, will not be calendared.
C. Policy on Written Submissions by Appellants
All written material submitted by appellants to be considered by the Commission in support of an agenda item shall be submitted to the Commission office, no later than 5:00 p.m. on the fourth (4th) business day preceding the Commission meeting for which the item is calendared (ordinarily, on Tuesday). An original and nine (9) copies on 8 1/2-inch X 11 inch paper, three-hole punched on left margin, and page numbered in the bottom center margin, shall be provided. Written material submitted for the Commission’s review becomes part of a public record and shall be open for public inspection.
D. Policy and Procedure for Hearings to be Scheduled after 5:00 p.m. and Requests for Postponement
A request to hear an item after 5:00 p.m. should be directed to the Executive Officer as soon as possible following the receipt of notification of an upcoming hearing. Requests may be made by telephone at (415) 252-3247 and confirmed in writing or by fax at (415) 252-3260.
A request for a postponement (continuance) to delay an item to another meeting may be directed to the Commission
Executive Officer by telephone or in writing. Before acting, the Executive Officer may refer certain requests to another City official for recommendation. Telephone requests must be confirmed in writing prior to the meeting. Immediately following the “Announcement of Changes” portion of the agenda at the beginning of the meeting, the Commission will consider a request for a postponement that has been previously denied. Appeals filed under Civil Service Commission Rule 111A Position-Based Testing shall be considered on the date it is calendared for hearing except under extraordinary circumstances and upon mutual agreement between the appellant and the Department of Human Resources.
E. Policy and Procedure on Hearing Items Out of Order
Requests to hear items out of order are to be directed to the Commission President at the beginning of the agenda. The President will rule on each request. Such requests may be granted with mutual agreement among the affected parties.
F. Procedure for Commission Hearings
All Commission hearings on disputed matters shall conform to the following procedures: The Commission reserves the right to question each party during its presentation and, in its discretion, to modify any time allocations and requirements.
If a matter is severed from the Consent Agenda or the Ratification Agenda, presentation by the opponent will be for a maximum time limit of five (5) minutes and response by the departmental representative for a maximum time limit of five (5) minutes.
For items on the Regular Agenda, presentation by the departmental representative for a maximum time of five (5) minutes and response by the opponent for a maximum time limit of five (5) minutes.
For items on the Separations Agenda, presentation by the department followed by the employee or employee’s
representative shall be for a maximum time limit of ten (10) minutes for each party unless extended by the Commission. Each presentation shall conform to the following:
1. Opening summary of case (brief overview);
2. Discussion of evidence;
3. Corroborating witnesses, if necessary; and
4. Closing remarks.
The Commission may allocate five (5) minutes for each side to rebut evidence presented by the other side.
G. Policy on Tape Recording of Commission Meetings
As provided in the San Francisco Sunshine Ordinance, all Commission meetings are tape-recorded. These tape recordings of open sessions are available for public review starting on the day after the Commission meeting in the Commission office between 8:00 a.m. and 5:00 p.m.
H. Speaking before the Civil Service Commission
Speaker cards are not required. The Commission will take public comment on all items appearing on the agenda at the beginning of each meeting at the time the item is heard and prior to the Commission taking any action on the item. The Commission will take public comment on matters not on the Agenda, but within the jurisdiction of the Commission during the “Requests to Speak” portion of the regular meeting. Maximum time will be three (3) minutes.
I. Policy on use of Cell Phones, Pagers and Similar Sound-Producing Electronic Devices at and During Public Meetings
The ringing and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
Information on Disability Access
The Civil Service Commission normally meets in Room 400 (Fourth Floor) City Hall, 1 Dr. Carlton B. Goodlett Place. However, meetings not held in this room are conducted in the Civic Center area. City Hall is wheelchair accessible. The closest accessible BART station is the Civic Center, located 2 ½ blocks from City Hall. Accessible MUNI lines serving City Hall are 47 Van Ness Avenue, 9 San Bruno and 71 Haight/Noriega, as well as the METRO stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call (415) 923-6142. Accessible curbside parking has been designated at points in the vicinity of City Hall adjacent to Grove Street and Van Ness Avenue.
The following services are available on request 48 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week. For American Sign Language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact the Commission office to make arrangements for the accommodation. Late requests will be honored, if possible.
Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call our ADA coordinator at (415) 252-3254 or (415) 252-3247 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.
Know your Rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code)
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards,
councils, and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, or to obtain a free copy of the Sunshine Ordinance, contact Frank Darby, Administrator of the Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102-4689 at (415) 554-7724, by fax: (415) 554-7854, by e-mail: sotf@sfgov.org, or on the City’s website at www.sfgov.org/bdsupvrs/sunshine.
San FranciscoLobbyist Ordinance
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code Section 2.100) to
register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Ave., Suite 220, San Francisco, CA 94102, telephone (415) 252-3100,
fax (415) 252-3112 and web site http://www.sfgov.org/ethics/.
Materials Distributed to Commissioners After Distribution of Agenda Packet
If any materials related to an item on this agenda have been distributed to the Civil Service Commission after distribution of the agenda packet, those materials are available for public inspection at the Civil Service Commission office, 25 Van Ness Avenue, Suite 720 during normal office hours (8:00 a.m. to 5:00 p.m. Monday through Friday).
City and County of San Francisco
Civil Service Commission
Agenda for Regular Meeting
September 21, 2009
2:00 p.m.
ITEM NO.
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(1)
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CALL TO ORDER AND ROLL CALL
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President Morgan R. Gorrono
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Vice President E. Dennis Normandy
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Commissioner Joy Y. Boatwright
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Commissioner Donald A. Casper
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Commissioner Mary Y. Jung
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(2)
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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(3)
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APPROVAL OF MINUTES – Action Item
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Regular Meeting of August 17, 2009
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Recommendation:
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Approve.
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(4)
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ANNOUNCEMENTS
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Announcement of changes to agenda
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Other announcements
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RATIFICATION AGENDA
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All matters on the Ratification Agenda are considered by the Civil Service Commission to be non-contested and will be acted upon by a single vote of the Commission. There will be no separate discussion on these items unless a request is made; in which event, the matter shall be removed from the Ratification Agenda and considered as a separate item. Each individual addressing the Commission will be limited to a maximum time limit of five minutes for all items severed from the Ratification Agenda.
Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.
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(5)
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Review of request for approval of proposed personal services contracts.
(File No. 0267-09-8) – Action Item
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PSC#
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Department
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Amount
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Type of Service
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Type of Approval
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Duration
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4028-09/10
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GSA-Fleet Management
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$500,000
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Will provide car-sharing services to supplement City’s vehicle fleet to make additional vehicles available during peak demands for City employees to use on official City business.
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Regular
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08/23/12
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August 17, 2009:
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Adopt the Human Resources Director’s report on PSC #4028-09/10 on the condition that the General Services Administration meet and/or share the data gleaned from the experiment with TWU Local 250A and Auto Machinists Local 1414 to evaluate the effectiveness of the program on a quarterly basis. Notify the offices of the Controller and the Office of Contract Administration. (Vote of 2 to 1; Commissioner Gorrono dissents.) Continue to the meeting of September 21, 2009. (Three (3) votes are needed for Commission action.)
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Recommendation:
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Approve request for proposed personal services contracts. Notify the offices of the Controller and the Office of Contract Administration.
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(6)
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Review of request for approval of proposed personal services contracts.
(File No. 0295-09-8) – Action Item
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PSC#
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Department
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Amount
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Type of Service
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Type of Approval
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Duration
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4030-09/10
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Public Works – Bureau of Architecture
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$4,000,000
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Will provide as-needed design services for Health Facilities involving renovation, adaptive re-use of existing facilities, installations of specialized medical equipment, modifications to life safety systems and other infrastructure, and facilities.
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Regular
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04/28/15
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4031-09/10
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Public Works
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$3,000,000
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Will provide all necessary services required for a turnkey management solution for the following: procurement process for furniture, fixtures, and equipment (FF&E) for the San Francisco General Hospital-Rebuild Program.
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Regular
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12/31/16
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4032-09/10
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Arts Commission
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$306,000
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Will conduct creative writing classes with youth in need at up to 10 sites in San Francisco. Artists-in- Residence will serve youth who may be educationally disadvantaged, recently immigrated, homeless, incarcerated or in crisis.
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Regular
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06/30/10
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4033-09/10
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Public Utilities Commission
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$2,500,000
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Will provide professional construction management services to oversee a Wastewater Enterprise construction project, the Sunnydale Sewer Auxiliary Tunnel, on behalf of the SFPUC.
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Regular
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03/01/12
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4034-09/10
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Public Utilities Commission
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$400,000
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Will provide at minimum, daily aerial patrol of Watershed lands during CALFIRE declared fire season to be coordinated by the respective parties’ designated representatives.
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Regular
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10/01/17
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4035-09/10
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Treasurer and Tax Collector’s Office
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$400,000
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Will provide new payment processing system; licensing fees and annual software maintenance costs and professional services in custom programming, installation and training.
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Regular
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12/31/14
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4036-09/10
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Municipal Transportation Agency
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$217,634
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Will provide labor, materials, consumables and supervision to repair, restore and rebuild two accident damaged LRVs from SFMTA’s fleet of 151 vehicles.
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Regular
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11/01/10
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4037-09/10
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Building Inspection
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$4,200,000
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Will install, configure, customize, test, and train City staff on the design, configuration, implementation, maintenance, and operation of a new proprietary Permit and Project Tracking System (PPTS).
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Regular
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12/31/16
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4038-09/10
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Controller’s Office
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$1,500,000
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Will provide municipal financing advisory services to Office of Public Finance, Controller’s Office, and other City department staff in the following areas: general obligation bonds, certificates of participation and lease revenue bonds.
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Regular
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10/16/14
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4112-06/07
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Human Resources
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Increase Amount
$125,000
New Amount
$1,625,000
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Will provide computer software, licensing, and software support for proprietary workers’ compensation claims management system. Modification for implementation of upgraded web-based system.
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Modi-
fication
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06/30/11
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4163-07/08
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Public Utilities Commission
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Increase Amount
$1,300,000
New Amount
$1,900,000
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Will provide a High Efficiency Toilet (HET) Direct Install Program for Low Income Customers in the retail services area. Services include installation, coordination of recycling of replaced fixture, and some leak and audit activities.
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Modi-
fication
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06/30/12
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4021-09/10
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Municipal Transportation Agency
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Increase Amount
$26,752,554
New Amount
$56,752,554
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Will perform a rehabilitation of key operating systems of the SF Municipal Transportation Agency’s (SFMTAS’s) Light Rail Vehicles (LRVs) to restore systems to their original operating specifications to extend component life and improve vehicle reliability.
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Modi-
fication
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08/31/16
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Recommendation:
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Approve request for proposed personal services contracts. Notify the offices of the Controller and the Office of Contract Administration.
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SPECIAL ORDER OF BUSINESS
(7)
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Determination of future employability: permanent part time appointment of Antoine Oliver, Library Page (Job Code 3602), San Francisco Public Library. (File No. 0065-09-7) – Action Item
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June 15, 2009:
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No future employment with the San Francisco Public Library. (Vote of 2 to 1; Commissioner Boatwright dissents.) Continue to the meeting of July 6, 2009. (Three (3) votes are needed for Commission action.)
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July 6, 2009:
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Continue to the meeting of August 17, 2009 pending the resolution of arbitration.
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August 17, 2009:
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Postpone to the meeting of September 21, 2009.
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Recommendation of the Human Resources Director:
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No future employment with the San Francisco Public Library.
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(8)
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Determination of future employability: permanent civil service appointment of David Chan, Assistant Electronic Maintenance Technician (Job Code 7340), with the Municipal Transportation Agency. (File No. 0727-07-7) – Action Item
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August 17, 2009:
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Postpone to the meeting of September 21, 2009.
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Recommendation of the Director of Transportation:
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Cancel any current examination and eligibility status; No future employment with the City and County of San Francisco.
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CONSENT AGENDA
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All matters on the Consent Agenda considered by the Civil Service Commission will be acted upon by a single vote of the Commission. There will be no separate discussion on these items unless a request is made; in which event, the matter shall be removed from the Consent Agenda and considered as a separate item. Each individual addressing the Commission will be limited to a maximum time limit of five minutes for all items severed from the Consent Agenda.
Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.
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(9)
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Appeal by Virginia Morgan of the Human Resources Director’s decision to dismiss her charge of discrimination. (File No. 0027-07-6) – Action Item
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August 20, 2007:
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Postpone to the meeting of October 1, 2007 at the request of Matthew Ming, Attorney for Virginia Morgan.
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October 1, 2007:
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Postpone to the meeting of November 19, 2007 at the request of the Department of Human Resources and concurrence of Matthew Ming, Attorney for the appellant.
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Note:
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Commissioners Morgan Gorrono and Yu-Yee Wu addressed their concerns regarding the City Attorney’s Opinion on remedies available to the Commission on discrimination complaints.
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November 19, 2007:
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Postpone to the meeting of January 7, 2008 pending the City Attorney’s Opinion on remedies available to the Commission on discrimination complaints and having all Commissioners present.
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August 17, 2009:
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Postpone to the meeting of September 21, 2009 by mutual agreement of the Department of Human Resources and Operating Engineers Local 3.
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Recommendation:
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Postpone to the meeting of October 19, 2009 at the request of the Department of Human Resources.
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(10)
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Annual Report on the Certification of Eligibles – Entry and Promotion – Uniformed Ranks of Police and Fire. (File No. 0296-09-1) - Action Item
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Recommendation of the Director of Transportation:
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Accept and adopt the report.
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(11)
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Certification of the Highest Prevailing Rate of Wages of the Various Crafts and Kinds of Labor Paid in Private Employment in the City and County of San Francisco.
(File No. 0284-09-3) – Action Item
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Recommendation:
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Adopt the report; Forward to Board of Supervisors.
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Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720,
San Francisco, CA 94102.
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(12)
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Report from the Human Services Agency on the status of the conditional approval of personal services contract numbers 2000-08/09; 2001-08/09; 2004-08/09 and 2007-08/09 through 2009-08/09. (File No. 0024-09-8) – Action Item
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PSC#
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Department
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Amount
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Type of Service
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Type of Approval
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Duration
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2000-08/09
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Human Services Agency
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$7,500,000
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Will provide orientations, induction training, home studies and post-adoption services to the families, and facilitating the matching of adoptive families to San Francisco children in the foster care system.
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Continuing
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06/30/14
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2001-08/09
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Human Services Agency
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$65,000,000
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Will provide training, respite care, counseling, crisis intervention, childcare and reunification efforts to help maintain foster children in their communities.
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Continuing
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06/30/14
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2004-08/09
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Human Services Agency
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$230,000,000
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Will provide supportive housing services including case management, money management and tenant support to individuals and families living in shelters, single resident occupancy hotels and transitional or permanent housing.
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Continuing
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06/30/14
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2007-08/09
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Human Services Agency
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$327,750,000
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Will provide a central registry, enrollment in a comprehensive health benefit system, advocacy and support services for 16,000 homecare workers. Provides the contract mode IHSS as mandated.
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Continuing
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06/30/14
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2008-08/09
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Human Services Agency
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$75,750,000
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Will provide homeless individuals and families with emergency shelter services and meals. Service may include sleeping facilities (bed, bedding and storage space), meals/groceries, laundry facilities and voluntary case management.
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Continuing
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06/30/14
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2009-08/09
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Human Services Agency
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$14,950,000
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Will provide individuals and families who are homeless or at-risk for homelessness with drop-in access to services, shelter bed reservations and respite from the streets.
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Continuing
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06/30/14
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February 2, 2009:
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Postpone PSC #2000-08/09 through 2009-08/09 to the meeting of March 2, 2009 at the request of SEIU Local 1021.
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March 2, 2009:
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Adopt the Human Resources Director’s report on PSC #2000-08/09; 2001-08/09; 2004-08/09 and 2007-08/09 through 2009-08/09 on the condition that: 1) IFPTE Local 21 and the Human Services Agency meet to discuss their concerns regarding funding options for the transition of work performed by Class 2819 and 2822 Health Educators and Assistant Health Educators back to the City, in conjunction with the Department of Public Health; 2) a written report on the progress submitted to the Civil Service Commission no later than six (6) months (September 7, 2009) and 3) Human Services Agency continue to meet and discuss in good faith with IFPTE Local 21 other classifications, the work of which could possibly be transitioned back to the City. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
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Recommendation:
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Accept the report.
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(13)
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Appeal by Nora Hanson, Transit Operator (Job Code 9163) of her battery pay determination. (File No. 0555-08-3) - Action Item
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July 20, 2009:
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Postpone to the meeting of September 21, 2009 at the request of Nora Hanson.
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Recommendation of the Director of Transportation:
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Adopt the report. Sustain the decision of the Director of Transportation; deny the appeal by Nora Hanson.
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(14)
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Appeal by Edward Campos of the Human Resources Director’s finding of insufficient evidence to support his discrimination, harassment and retaliation complaints.
(File No. 0332-08-6)
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August 3, 2009:
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Postpone to the meeting of September 21, 2009 at the request of Edward Campos.
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Action:
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Adopt the report. Sustain the decision of the Human Resources Director; deny the appeal of Edward Campos.
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(15)
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Appeal by Micki Jones of the Human Resources Director’s finding of insufficient evidence to support her complaint of retaliation. (File No. 0650-06-6) – Action Item
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Recommendation
of the Human Resources Director:
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Adopt the report. Sustain the decision of the Human Resources Director; deny the appeal by Micki Jones.
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(16)
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Appeal by IFPTE Local 21 of Classification Action #20, FY 08-09 Related to Amending the Job Specifications of the 6230 and 6231 Street Inspector Classifications.
(File No. 0263-09-2) – Action Item
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Recommendation
of the Human Resources Director:
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Adopt the report. Sustain the decision of the Human Resources Director; deny the appeal by IFPTE Local 21.
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HUMAN RESOURCES DIRECTOR’S REPORT
(17)
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Department of Human Resources’ Report on the Position-Based Testing Program.
(File No. 0297-09-1) - Action Item
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Recommendation of the Human Resources Director:
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Accept and file the report.
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(18)
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Department of Human Resources Report on Provisional Appointments.
(File No. 0298-09-1) – Action Item
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Recommendation of the Human Resources Director:
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Accept and file the report.
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(19)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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(20)
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
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(21)
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ADJOURNMENT
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