Meeting Information

2:09 p.m.

ROLL CALL

President Linda Richardson

Present

Vice President Thomas T. Ng

Not Present

Commissioner Alicia D. Becerril

Present (Left at 4:33p.m.)

Commissioner Donald A. Casper

Present

Commissioner Morgan R. Gorrono

Present

President Linda Richardson presided.

PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA

Faye Roe, SEIU Local 790 stated she is available for information or questions regarding Item #5 – Thirty Day Progress Report: Inspection Service on Request for Information on Hiring and Selection Records – Assessor’s Office.

APPROVAL OF MINUTES

Regular Meeting of October 4, 2004

Action:

Approve.  (Vote of 4 to 0)

ANNOUNCEMENTS

President Linda Richardson welcomed Philip Ginsburg, the newly appointed Human Resources Director.

0645-04-11

Thirty Day Progress Report: Inspection Service Request for Information: Hiring and Selection Records – Office of the Assessor-Recorder.  (Item No. 5)

September 20, 2004:

The Civil Service Commission acted to commence under its authority specified in Charter Section 10.101, Paragraphs 3 and 5 an investigation and inquiry into all hiring, promotions and separations as well as into all changes to, amendments of or
creation of class specifications for positions in the Office of the Assessor-Recorder.

1.      The Commission directed the Executive Officer to request records for all new hires, promotions, separations and amendments to newly created classifications from the Office of the Assessor-Recorder and the Department of Human Resources since the Assessor took office. 

2.      Should the Civil Service Commission reasonably believe that not all such documentation has been provided, the Civil Service Commission will at that time consider the issuance of subpoenas for the production of such documentation.

3.      Further, should the Civil Service Commission upon review of such documentation determine that the investigation and inquiry requires the testimony of the Assessor/Recorder or employees present or former of the Assessor/Recorder’s office or employees present or former of the Department of Human Resources, the Commission will request them to appear and testify before it under oath pursuant to Section 31110.2 of the Government Code.  Should any such individual refuse a request to appear to testify under oath, the Civil Service Commission will at that time consider the issuance of a subpoena to such person or persons.

The Commission directed the Executive Officer that the investigation and inquiry is to be concluded in sixty (60) days and to calendar a Special Meeting in sixty (60) days and a progress report in thirty (30) days regarding the inspection service. 
(Vote of 4 to 0)

Disclosure:

Commissioner Alicia Becerril disclosed that she served with Mabel Teng on the Board of Supervisors in 1998 and that Mabel Teng also supported her in her run for office.  Commissioner Becerril indicated she can deliberate this matter in a fair and
objective manner.  After consultation with the Office of the City Attorney, there is no basis for recusal.

Speakers:

Joselito Laudencia, IFPTE Local 21 stated that 19 employees were laid off and none worked on Mabel Teng’s campaign.  Nineteen new employees were hired and IFPTE Local 21supports this investigation.
Lenida Reyes, former employee of the Office of the Assessor-Recorder submitted documentation in regards to her lay-off and thanked the Commission for the full investigation.
Faye Roe, SEIU Local 790 expressed her concerns about information on lay-offs.
Marsha Stroope, Department of Human Resources spoke in response to the amount of information received from the Department of Human Resources.
Donna Kotake, Deputy Assessor stated that the Office of the Assessor-Recorder has submitted approximately 70% of the information requested by the Commission.

Action:

1.  The Commission voted to extend completion of its inquiry an additional 30 days.  (Vote of 4 to 0)

2.   The Commission voted to redact all names in the separations and terminations portion of the report for public viewing.  (Vote of 4 to 0)

3.   The Commission voted to invoke Charter Section 16.114 in addition to the Commission’s authority specified in Charter Section 10.101, Paragraph 3 and 5 to conduct an investigation.  (Vote of 4 to 0)

4.   The deadline for submission of materials from the Office of the Assessor-Recorder and the Department of Human Resources is November 1, 2004 for the Special Meeting of November 12, 2004 at 9:00 a.m. in Room 408, City Hall.  (Vote of 4 to 0)

September 7, 2004:

Separate in-house and outside activities; Continue to the meeting of September 20, 2004. 

September 20, 2004:

Continue to the meeting of October 4, 2004.

October 4, 2004:

Submit preliminary comments and approve complete comments at the meeting of October 18, 2004. 

Speakers:

Nilka Julio, IFPTE Local 21 stated that the Statements of Incompatible Activities should concentrate on outside activities and not work related issues.

Action:

Continue to the meeting of November 1, 2004.  (Vote of 4 to 0)

0772-04-8

Review of request for approval of proposed personal services contracts.  (Item No. 7)

Action:

Adopt the Human Resources Director’s report on PSC #2009-04/05.  Notify the offices of the Controller and the Purchaser.  (Vote of 3 to 1; Commissioner Gorrono dissents.)

Adopt the Human Resources Director’s report on all remaining contracts.  Notify the offices of the Controller and the Purchaser.  (Vote of 4 to 0) 

Note:

Commissioner Alicia Becerril departed at 4:33 p.m. 

0100-04-6

Appeal by Deborah Wright of the Human Resources Director’s finding of insufficient  evidence to sustain the charges of retaliation or discrimination. (Item No. 8)

September 20, 2004:

Postpone to the meeting of December 6, 2004 at the request of Jerry Cimmet, Attorney.

Speakers:

None.

Action:

Postpone to the meeting of December 6, 2004 at the request of Jerry Cimmet, Attorney and the Department of Human Resources.  (Vote of 3 to 0)

Speakers:

Don Wiedner, Department of Public Health

Action:

Postpone to the meeting of November 1, 2004.  (Vote of 3 to 0)

0774-04-1

Report on Charter Exempt positions under Charter Section 10.104-1 through 10.104-12.  (Item No. 10)

Speakers:

Denise Cannonier-Craig, Department of Human Resources

Action:

Accept and file report.  Approve the following exempt positions: Deputy Director III (Job Code 0953) Recreation & Parks; Department Head I (Job Code 0961); Deputy Director I (Job Code 0951), and; Executive Secretary I (Job Code 1450) Commission on Children & Families.      (Vote of 3 to 0)

0549-04-5

Rule amendments to Civil Service Commission Rules Applicable to the San Francisco Police Department, specifically, Rule 213 – Certification of Eligibles – Police Department.(Item No. 11)

December 1, 2003:

Discussion continued to the meeting of December 15, 2003.

December 15, 2003:

Discussion continued to a special meeting on Tuesday, January 20, 2004 at 1:00 p.m. in Room 408, City Hall, 1 Dr. Carlton B. Goodlett Place.

January 20, 2004:

Continue discussions.  Schedule a Special Meeting when the independent expert is available.

March 1, 2004:

Continue with discussions.  Schedule a Special Meeting within the next two weeks with a full Commission and only this item on the agenda.

March 22, 2004:

Adjourned due to lack of quorum caused by building evacuation, to the Regular Meeting of April 5, 2004.

April 5, 2004:

RESUMPTION OF ADJOURNED SPECIAL MEETING OF MARCH 22, 2004

Speakers:

Denise Cannonier-Craig, Department of Human Resources

Acting Chief Heather Fong, San Francisco Police Department

Dan Leydon, Police Officers Association

Mark Osuna, San Francisco Police Department

Jason Fox, San Francisco Police Department

Terri Brady, San Francisco Police Department

Vote on whether to hold closed session to confer with the designated labor negotiator, San FranciscoAdministrative Code 67.10 (e) – ACTION ITEM

Action:

The Commission voted to conduct a closed session.
(Vote of 4 to 0)

Closed session started at 3:50 p.m. in City Hall, Room 400 and the following were present:

President Morgan R. Gorrono, Civil Service Commission

Vice President Linda Richardson, Civil Service Commission (Arrived at 3:59 p.m.)

Alicia D. Becerril, Commissioner (Departed at 4:50 p.m.)

Donald A. Casper, Commissioner

Thomas Ng, Commissioner

Kate Favetti, Executive Officer Civil Service Commission

Anita Sanchez, Assistant Executive Officer Civil Service Commission

Gloria Sheppard, Civil Service Commission

Paul Zarefsky, Deputy City Attorney

Denise Cannonier-Craig, Assistant Deputy Director, Department of Human Resources

Closed session ended at 4:55 p.m.

Reconvened in open session at 4:56 p.m. 

Vote to elect whether to disclose any or all discussions held in Closed Session.  San Francisco Administrative Code Section 67.12(a) 

Disclosure of action in closed session: 

At the direction of President Morgan R. Gorrono the Executive Officer, Civil Service Commission reported the actions taken in closed session as follows:

(1)   Sever Draft Proposed Amendments to Rule 203 – Equal Employment Opportunity Policy; Include with Draft Proposed Amendments to Rules 103, 303 and 403 and calendar for the meeting of April 19, 2004.  (Vote of 4 to 0)

(2)   Draft proposed amendments to Rule 211.2 – Frequency of Promotional Examinations

Remove proposed language: “However, if a test is due and there is no funding or no vacancy or anticipated vacancy in a rank, the Human Resources Director may postpone the administration of an examination in said class until such time as a vacancy or funding is anticipated.”  (Vote of 4 to 0) Return to original language.

(3)   Draft proposed amendments to Rule 212.7 – Cancellation of Eligibility

Remove proposed language: Return to original language; Apply only to entry level eligible lists  (Vote of 4 to 0)

(4)   Draft proposed amendments to Rule 212.8 – Merging of Eligible Lists

Remove proposed language: Return to original language; Apply only to entry level eligible lists (Vote of 4 to 0)

(5)   Draft proposed amendments to Rule 212.4 – Duration of Eligibility on Continuous Lists and Rule 212.5 – Duration of Discrete Eligible Lists and Eligibility

Maintain duration of eligible lists to 48 months maximum. (Vote of 4 to 0)

(6)   Draft proposed amendment to Rule 213.6 – Certification of Promotive Eligible Lists (Note: Commissioner Linda Richardson arrived at 3:59 p.m.)

Remove draft proposed amendments applying the Statistically Valid Grouping for certification of promotive eligible lists;

Proposed amendment – “Rule of Five (5) Scores” for promotive eligible lists; (Vote of 3 to 2; Commissioners Becerril and Richardson dissent.)

Note: Commissioner Becerril departed at 4:50 p.m.

(7)   Maintain draft proposed amendments to Rule 213 - Certification of Eligibles on Secondary Criteria (Vote of 4 to 0)

(8)   Continue to meeting of April 19, 2004 for public comment and recommendation to post for meet and confer. (Vote of 4 to 0)

April 19, 2004:

September 7, 2004:

Adopt amendments to Civil Service Commission Rules
Applicable to the San Francisco Police Department, specifically, Rule 209 – Position Classification and Related Rules; Rule 210 – Police Examination Qualifications and Applicants; Rule 211 –
Examinations; Rule 212 – Eligible Lists – Police Department.  (Vote of 4 to 0)

Postpone Civil Service Commission Rule 213 - Certification of Eligibles – Police Department to the meeting of September 20, 2004 to adopt or repost if substantive amendments are made.  (Vote of 4 to 0)

September 20, 2004

The Commission conducted entire item in Open Session. 

Amended posted Rule 213 to read: “For each referral, the Certification Rule shall be the Rule of Five Scores.  However, for each referral, if there is adverse impact under Title VII of the Civil Rights Act of 1964 resulting from the Rule of Five Scores, then a broader certification rule shall be used but only after the proposed broader rule is presented to the Civil Service Commission for approval – the broader certification rule may not be used until the Human Resources Director is instructed by the Civil Service
Commission to do so. The Commission may use its own rule, and is not bound to use the rule that is proposed”; Repost for meet and confer.     (Vote of 3 to 1; Commissioner Linda Richardson dissents)

Speakers:

None.

Action:

Clarification: “Rule of Five” is amended to read “Rule of Five Scores.”

Adopt.  (Vote of 2 to 1; Commissioner Richardson dissents.)
Postpone to the meeting of November 1, 2004. 
(Vote of 3 to 0)

None.

COMMISSIONERS ANNOUNCEMENTS/REQUESTS

Commissioner Morgan Gorrono requested that another contact list be faxed to him.

ADJOURNMENT

5:26 p.m.