Meeting Information

Present:

President Alicia D. Becerril

Vice President Donald A. Casper

Commissioner Morgan R. Gorrono

Commissioner Yu-Yee Wu

Not Present:

 Commissioner Thomas T. Ng (Notified Absence)

President Alicia D. Becerril presided.

II.

Whether to go forward with the October 26, 2007 Special Meeting of the Commission, or give direction for rescheduling one or both of the items for that meeting.

At its October 15, 2007 Meeting, the Civil Service Commission decided to schedule a Special Meeting on October 26, 2007 to discuss:

1)

Appeal by Joseph Engler of the decision of the Human Resources Director’s determination of insufficient evidence to support his discrimination complaint.  (File No. 0403-06-6); and

2)

Appeal by Joseph Engler of the job announcement for Q – 80 Police Captain and the rejection of his application for Q – 80 Police Captain, San Francisco Police Department.  This matter was heard at the October 15, 2007 Meeting.  The vote was 2 to 1 to deny the appeal and three votes are needed for any Commission action.  (File No. 0785-07-4)

Speakers:

Bruce Topp, Department of Human Resources

Paul Zarefsky, Deputy City Attorney

Joseph Engler, Appellant

Linda Simon, Department of Human Resources – EEO Unit

Alice Villagomez, Human Resources Director, San Francisco Police Department

Jennifer Johnston, Department of Human Resources

Anita Sanchez, Executive Officer, CSC

Action:

1)  Postpone the October 26, 2007 meeting to allow the appellant and Commission time to review the staff report on the discrimination matter and stay the Q-80 Police Captain examination until this case is finished in the interest of fairness.  (Vote of 2 to 2; Commissioners Becerril and Casper dissent; Motion fails.)

2)  Postpone the October 26, 2007, meeting regarding the discrimination appeal pending receipt of the City Attorney’s decision of the Copley Press matter and pending the City Attorney’s opinion on remedies regarding discrimination cases.  (Vote of 4 to 0)

3)  Instruct Department of Human Resources to waive the minimum qualifications and allow Inspector Engler to take the Q-80 Police Captain examination on October 29, 2007, and place him under waiver pending the outcome of his discrimination complaint before the Commission (Vote of 2 to 2; Commissioners Becerril and Casper dissent; Motion fails.)

Note:  Commissioner Gorrono indicated that he seconded the motion because of the extraordinary circumstances regarding an appeal in which Inspector Engler prevailed at the Commission that would have given him over three years had he been appointed from the last Lieutenant’s list.  This in no way is to grant or insist that the appointing authority (the Chief) select the appellant to a Captain’s job.  This is only to allow the appellant to participate in the examination and then placed under waiver.  He also repeated his earlier statement that there were non-merit factors at play, the announcement was amended and not followed, and the process was flawed.

Commissioner Casper stated that he voted No for the following reason; the Commission lacks the jurisdiction under the Charter or its own Rules to grant a waiver from the minimum qualifications requirement of the Q-80 Police Captain examination.

Commissioner Wu stated that she voted Yes for the reasons she has stated throughout this hearing that sometimes there needs to be an exception in extraordinary situations.  She stated that this is an extraordinary situation because the Commission granted Engler’s prior appeal on his non-promotion to Lieutenant but gave no remedy.  Moreover, Engler may be harmed by not being able to take the Captain’s examination due to the City’s failure to address his discrimination complaint for more than a year.   She also stated that the Commission has the authority and jurisdiction to direct the Department of Human Resources to make or grant a waiver.

Commissioner Becerril stated that she voted No because the Commission lacks authority to grant a waiver on minimum qualifications.

4)  Cancel October 26, 2007 Special Meeting.  (Vote of 4 to 0)