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Meeting Information



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MINUTES

Regular Meeting

November 1, 2004

2:00 p.m.

ROOM 400, CITY HALL

1 Dr. Carlton B. Goodlett Place

 

 

CALL TO ORDER

 

 

 

 

 

2:14 p.m.

 

 

 

 

 

ROLL CALL

 

 

 

 

 

President Linda Richardson

Present

 

 

Vice President Thomas T. Ng

Present

 

 

Commissioner Alicia D. Becerril

Present

 

 

Commissioner Donald A. Casper

Present

 

 

Commissioner Morgan R. Gorrono

Present

 

 

 

 

 

President Linda Richardson presided.

 

 

 

 

 

PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA

 

 

 

 

 

None.

 

 

 

 

 

APPROVAL OF MINUTES

 

 

 

 

 

Special Meeting of  October 15, 2004 – Open Session

 

 

 

 

 

Action:

Approve.  (Vote of 5 to 0)

 

 

 

 

 

Regular Meeting of  October 18, 2004

 

 

 

 

 

Action:

Approve.  (Vote of 5 to 0)

 

 

 

 

 

ANNOUNCEMENTS

 

 

 

 

 

A Special Meeting will be held on Friday, November 12, 2004 at 9:00 a.m. in
Room 408, City Hall to consider the Status Report on the Inspection Service Request for Information on Hiring and Selection – Office of Assessor-Recorder.

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. 5)

 

 

 

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 at3:59p.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 FranciscoAdministrative Code Section 67.12(a) 

 

 

 

 

 

Action:

The Commission voted to disclose the actions taken in Closed Session.  (Vote of 4 to 0)

 

 

 

 

 

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:

 

The Commission voted to disclose the actions taken in Closed Session. (Vote of 5 to 0)

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

(1)     Post for meet and confer proposed amendments to Rules 209, 210, 211, and 212.  
(Vote of 5-0)

(2)     Post for meet and confer proposed amendments to Rule 213 with Rule of Five (5) Scores for promotive eligible list and delete Statistically Valid Grouping.  (Vote of 3-2; Commissioners Becerril and Richardson dissent)

 

August 16, 2004:

Direct the Executive Officer to place the posted Rule Amendments on the September 7, 2004 Agenda for final action.

 

 

 

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.  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, 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)

 

 

 

October 18, 2004:

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)

 

 

 

Speakers:

Julie Gonzalez, San Francisco Police Department – Exam Unit

 

 

 

Action:

Adopt.  The Commission directed that the examination announcement for Q-60 Lieutenant be amended to reflect the amended Certification Rule for promotions and that all candidates in the applicant pool taking the examination for
Q-60 Lieutenant be notified.  (Vote of 4 to 1; Commissioner Richardson dissents.)

 

 

 

0497-04-1

Civil Service Commission review and comment of Departmental Statement of Incompatible Activities for the following departments. 
(Item No. 6)

 

Department of Administrative Services

Human Rights Commission

Adult Probation Department

Immigrant Rights Commission

Airport Commission

Law Library

Asian Art Museum

Public Library

Assessment Appeals Board

Office of the Mayor

Board of Supervisors, Clerk of the Board of Supervisors

Municipal Transportation Agency

Board of Supervisors, Sunshine Ordinance Task Force

Police Department

Department of Building Inspection

Port of San Francisco

Office of the City Attorney

Private Industry Council of San Francisco, Inc.

Citizen’s General Obligation Bond Oversight
Committee

Public Defender

Civil Service Commission

Public Utilities Commission

Office of the Controller

Recreation and Parks Department

Office of the District Attorney

Residential Rent Stabilization and Arbitration Board

Entertainment Commission

Retirement System

Department of the Environment

Commission and Department on the Status of Women

Fine Arts Museum

Taxi Commission

San Francisco Fire Department

Telecommunications and Information Services

Health Commission and Department of Public Health

Tax Collector

Department of Human Resources

Treasurer

Juvenile Probation Commission

Youth Commission

City Administrator

Office of Economic & Workforce Development

Arts Commission

Office of Citizen Complaints

Department of Child Support Services

Juvenile Probation Department

Department of Public Works

Fire Commission

Aging & Adult Services Commission & the
Department of Aging & Adult Services

Human Services Agency & the
Department of Human Services

Southeast Community Facility Commission

Emergency Communications Department

San FranciscoChildren and Families Commission

Department of Children, Youth & their Families

 

 

 

August 16, 2004:

Continue to the meeting of September 7, 2004.

 

 

 

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

 

 

 

October 18, 2004:

Continue to the meeting of November 1, 2004.  

 

 

 

Speakers:

Mabel Ng, Ethics Commission

 

 

 

Action:

Postpone to the meeting of November 15, 2004; Forward preliminary comments to Ethics Commission.  (Vote of 5 to 0)

 

 

0795-04-8

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

 

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

4038-04/05

Airport
Commission

$100,000

Will provide support to Airport project staff in construction management services for Terminal 2 (formerly Central Terminal): scheduling, estimating, constructability reviews, construction administration, contract closeout, systems start-up.

Regular

12/31/05

4039-04/05

Environment

$450,000

Will conduct specialized technical assistance for City departments, multi-family buildings, businesses and institutions to develop and implement customized waste reduction, reuse, recycling and composting programs to meet the City’s goals.

Regular

06/30/07

 

 

Speakers:

Gabe Karol and Ray Quesada, San Francisco International Airport spoke on PSC #4038-04/05.
David Assmann, Department of the Environment spoke on
PSC #4039-04/05.

 

 

 

Action:

Adopt the Human Resources Director’s report.  Notify the
offices of the Controller and the Purchaser.  (Vote of 5 to 0)

 

0796-04-1

Proposed Civil Service Commission Meeting Schedule for Calendar Year 2005.  (Item No. 8)

 

 

 

Speakers:

None.

 

 

 

Action:

Postpone to the meeting of November 15, 2004
(Vote of 5 to 0)

 

 

 

0773-04-7

Request to lift ban on the future employment of Edward Morrell. 
(Item No. 9)

 

 

 

 

 

October 18, 2004:

Continue to the meeting of November 1, 2004.

 

 

 

 

 

Speakers:

Christopher Lai, Department of Public Health – LHH
Don Wiedner, Department of Public Health
Edward Morrell, Appellant

 

 

 

 

 

Action:

Adopt the staff report.  Approve removal of employment
restriction banning Edward Morrell from working in the
Department of Public Health.  (Vote of 5 to 0)

 

 

 

0503-03-6

Appeal by Ronald Evans of the Human Resources Director’s determination of insufficient evidence to sustain the charge of discrimination or retaliation.  (Item No. 10)

 

 

 

Speakers:

Elizabeth Jacobi, Department of Human Resources
Leutisha Stills, Department of Public Health
Ronald Evans, Appellant
Norm Nickens, Department of Public Health
John Frank, SEIU Local 790

 

 

 

Action:

Adopt the report.  Sustain the decision of the Human Resources Director.  Deny the appeal by Ronald Evans.  (Vote of 5 to 0)

 

 

0726-03-6

Appeal by Leerma Patterson of the Human Resources Director’s determination of insufficient evidence to sustain the charge of discrimination on the basis of ethnicity and gender.  (Item No. 11)

 

 

 

Speakers:

Elizabeth Jacobi, Department of Human Resources
Norm Nickens, Department of Public Health
Leerma Patterson, Appellant

 

 

 

Action:

Adopt the report.  Sustain the decision of the Human Resources Director.  Deny the appeal by Leerma Patterson. (Vote of 5 to 0)

0555-04-6

Appeal by Michael Walsh of the Human Resources Director’s determination of insufficient evidence to sustain the charges of retaliation.  (Item No. 12)

 

 

 

Speakers:

None.

 

 

 

Action:

Adopt the report.  Sustain the decision of the Human Resources Director.  Deny the appeal by Michael Walsh.  (Vote of 5 to 0)  Mr. Walsh failed to appear.

 

 

0689-04-4

Appeal by Kailey Wong of the terms of the 9139 Transit Supervisor examination announcement.  (Item No. 13)

 

 

 

Speakers:

Regina Tharayil, Municipal Transportation Agency
Candy Heurlin, Municipal Transportation Agency
Kailey Wong, Appellant
Manjit Singh Aulakh, Supporter of Kailey Wong
Glenda Lavigne, President, TWU Local 200 spoke in support of the Municipal Transportation Agency’s position on minimum qualifications for 9139 Transit Supervisor.

 

 

 

Action:

Adopt the report.  Sustain the decision of the Director of Transportation.  Deny the appeal by Kailey Wong. 
(Vote of 5 to 0)

 

 

 

REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION

 

 

 

None.

 

 

 

COMMISSIONERS ANNOUNCEMENTS/REQUESTS

 

 

 

Commissioner Morgan Gorrono requested that the matter of Joseph Engler be put on calendar for the meeting of November 15, 2004.

 

 

 

ADJOURNMENT

 

 

 

5:15 p.m.