2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 MINUTES
Regular Meeting
April 20, 2009
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
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CALL TO ORDER
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2:14 p.m.
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ROLL CALL
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President Donald A. Casper
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Present
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Vice President Morgan R. Gorrono
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Present
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Commissioner Joy Y. Boatwright
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Present
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Commissioner Mary Y. Jung
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Present
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Commissioner E. Dennis Normandy
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Present
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President Donald A. Casper presided.
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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None.
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APPROVAL OF MINUTES
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Special Meeting of March 30, 2009
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Action:
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Approve. (Vote of 5 to 0)
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Special Meeting of April 6, 2009
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Action:
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Approve. (Vote of 5 to 0)
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Regular Meeting of April 6, 2009
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Action:
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Approve. (Vote of 5 to 0)
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0074-09-8
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Review of request for approval of proposed personal services contracts.
(Item No. 5)
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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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4118-08/09
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Fire Department
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$500,000
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Will perform physical fitness evaluations on uniformed Fire Department personnel, including coronary risk factor evaluations, cardiovascular examinations, and laboratory testing.
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Regular
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12/31/11
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4121-08/09
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Recreation & Parks
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$1,500,000
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Will provide full Architectural and Engineering services for the Palega Playground, including schematic phase, design development, construction documents, cost estimating, construction administration and project closeout.
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Regular
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06/30/11
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March 16, 2009:
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(1) Postpone PSC #4117-08/09 to the meeting of April 6, 2009 at the request of the Airport Commission.
(2) Postpone PSC #4118-08/09 to the meeting of April 6, 2009 at the request of the San Francisco Fire Department.
(3) Postpone PSC #4119-08/09 to the meeting of April 6, 2009 at the request of the Municipal Transportation Agency.
(4) Adopt the Human Resources Director’s report on PSC #4121-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 2 to 2; Commissioners Casper and Boatwright dissent.) Continue to the meeting of April 6, 2009. (Three (3) votes are needed for Commission action.)
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April 6, 2009:
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(1) Postpone PSC #4118-08/09 to the meeting of April 20, 2009 at the request of the San Francisco Fire Department.
(2) Postpone PSC #4121-08/09 to the meeting of April 20, 2009 at the request of Recreation and Park Department.
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Speakers:
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Captain Andy Zanoff, San Francisco Fire Department spoke on PSC #4118-08/09.
Jim Lazarus, President, Recreation & Parks Commission, Jared Blumenfeld and Rhoda Parhams, Recreation & Parks Department and Joe Brenner, Ging Louie and Jim Buker, IFPTE Local 21 spoke on PSC #4121-08/09.
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Note:
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Recreation & Parks Department indicated they will submit quarterly reports to the Commission on the progress of the seven projects.
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Action:
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(1) Adopt the Human Resources Director’s report on PSC #4118-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
(2) Adopt the Human Resources Director’s report on PSC #4121-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 1; Commissioner Boatwright dissents.)
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Note:
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President Casper stated his reasons for voting in favor of the contract are: 1) Emergency is an exception to the rule that work which the City seeks to perform, must be performed by the City’s civil servants. There must be controls on out-sourcing; otherwise the integrity of the merit system would be under-mined. Emergency is an acceptable reason for contracting out.
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Commissioner Normandy stated that his vote had to do with the urgency of the bond measure and internal employee capability versus the financial impact and the cost to the City for inaction. While he has great respect for the position that the IFPTE Local 21 has taken, it is important that this Commission always err on the side of the personnel of the City.
Commissioner Gorrono stated the reason for his vote is because of the quarterly reports that will be coming to the Commission and the urgency of the bond sales and the fact that IFPTE Local 21 cannot identify any lay-offs because of the action.
Commissioner Boatwright voted nay because of IFPTE Local 21’s presentation.
Commissioner Jung echoed President Casper’s comments.
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0098-09-8
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Review of request for approval of proposed personal services contracts.
(Item No. 6)
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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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4119-07/08
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Port
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Increase Amount
$800,000
New Amount
$1,300,000
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Will investigate environmental conditions in soil, groundwater and building materials at the Port’s Pier 70 facility, including approximately 65 acres of land and approximately 416,000 square feet of building area.
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Modi-
fication
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06/30/11
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April 6, 2009:
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Postpone to the meeting of April 20, 2009 at the request of the Port of San Francisco.
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Speakers:
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None.
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Action:
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Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
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0127-09-8
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Review of request for approval of proposed personal services contracts.
(Item No. 7)
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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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1015-08/09
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Arts Commission
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$1,737,925
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Will perform concerts at the San Francisco Davies Symphony Hall in July-August 2009 with a free concert at a public park. This is the 58th year for Summer POPS concerts.
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Annual
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03/31/10
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2010-08/09
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Public Health
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$26,000,000
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Will provide Pharmacy Benefits Management (PBM) services for DPH Community Behavioral Health Services (CBHS) clients by maintaining a network of pharmacies in San Francisco.
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Continuing
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06/30/14
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2011-08/09
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Public Health
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$51,000,000
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Will provide fiscal intermediary services for DPH’s Community Behavioral Health Services (CBHS) Private Provider Network (PPN) to enable emergency or urgent out-of-county services required under the San Francisco Mental Health Plan.
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Continuing
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06/30/12
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2012-08/09
Appealed,
On Regular Agenda
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Public Health
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$247,200,000
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Will provide an array of community based health and behavioral health services, including primary care, mental health, substance abuse treatment, managed care, maternal child and health, prevention, and community program services.
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Continuing
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12/31/10
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4130-08/09
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Airport Commission
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$6,000,000
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Will establish pool of overseas representation partners with on-the-ground representation overseas to promote Airport and San Francisco at international trade & tourism exhibitions worldwide.
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Regular
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06/30/14
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4131-08/09
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Public Health
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$750,000
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Will provide approximately 350 to 360 hours of ophthalmology services per year to patients of Laguna Honda Hospital.
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Regular
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06/30/18
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4132-08/09
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Public Health
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$1,200,000
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Will provide the Department of Public Health on-line access to commercially available consumer credit reports for potential patients and clients of the Department of Public Health.
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Regular
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12/31/13
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4133-08/09
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Public Health
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$600,000
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Will provide on-site, comprehensive dental service program for the residents of Laguna Honda Hospital (LHH).
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Regular
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06/30/14
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4134-08/09
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Public Health
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$1,650,000
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Will provide portable radiology services for Tuberculosis control on an as-needed basis for the inmates of the City and County of San Francisco jail system, homeless individuals, and residents of Single Occupancy Residential (SRO) Hotels in San Francisco.
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Regular
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12/31/19
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Speakers:
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Jacquie Hale, Gloria Wilder and Sai Ling Chan-Sew, Department of Public Health spoke on PSC #2011-08/09.
Cynthia Avakian and Candace Bender, San Francisco International Airport spoke on PSC #4130-08/09.
Jacquie Hale and Dr. Hosea Thomas, Department of Public Health spoke on PSC #4131-08/09.
Dr. Hosea Thomas, Department of Public Health spoke on PSC #4133-08/09.
Jacquie Hale and Frank Patt, Department of Public Health spoke on PSC #4134-08/09.
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Action:
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Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
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0126-09-3
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Salary Survey for Registered Nurse Classifications (Charter Section A8.403), 2009-2010. (Item No. 8)
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Speakers:
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None.
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Action:
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Adopt the report; Certify to the Board of Supervisors for the Acute Care Nursing Classifications the highest prevailing salary schedules in the six Bay Area Counties (Public & Private) in effect on April 15, 2009. (Vote of 5 to 0)
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0128-09-1
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Secondary Criteria for Q–35 Police Assistant Inspector. (Item No. 9)
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Speakers:
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Saru Cownan, Department of Human Resources
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Action:
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Accept the recommendation of the Human Resources Director and approve the proposed secondary criteria for Q–35 Police Assistant Inspector. (Vote of 5 to 0)
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0129-09-1
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Secondary Criteria for Q–50 Police Sergeant. (Item No. 10)
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Speakers:
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None.
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Action:
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Accept the recommendation of the Human Resources Director and approve the proposed secondary criteria for Q – 50 Police Sergeant. (Vote of 5 to 0)
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Note:
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President Casper stated that the criteria are valid but also sufficiently broad enough to allow the Chief of Police discretion in making appointments from an eligible list within the confines set forth. The Chief should be allowed broad discretion.
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0139-09-8
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Appeal by IFPTE Local 21 of the Request for Approval of Personal Services Contract Number 2012-08/09. (Item No. 11)
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Speakers:
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Alexis Torres, IFPTE Local 21
Wesley Wong, Employee affected by lay-offs
Jacquie Hale, Department of Public Health
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Action:
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Continue to the meeting of May 18, 2009 to allow further discussions between the Department of Public Health and IFPTE Local 21. (Vote of 5 to 0)
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0130-09-1
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Report on the Certification of Benefits of Elected Officials (including members of the Board of Supervisors) for Fiscal Year 2009 – 10 of the City and County of San Francisco in accordance with Charter Section A8.409-1. (Item No. 12)
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Speakers:
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Sandra Eng, Civil Service Commission
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Action:
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Accept the report; certify the benefits of elected officials at the meeting of May 4, 2009. (Vote of 5 to 0)
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0565-08-1
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Preliminary Report: Salary Setting for the City and County of San Francisco Board of Supervisors for a five (5) year cycle, effective July 1, 2009 through June 30, 2014, in accordance with Charter Section 2.100 (Item No. 13)
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December 15, 2008:
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Accept the staff report on the Preliminary Work Plan – Salary Setting for the City and County of San Francisco Board of Supervisors, effective July 1, 2009 through June 30, 2014 in accordance with Charter Section 2.100. The Commission requested the City Attorney’s opinion on the provision in Charter Section 2.100 regarding the City and employee organizations amending compensation provisions of existing memorandum of understanding to reduce costs and information on other national consolidated cities and counties.
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January 5, 2009:
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Accept the staff report; Proceed with the salary survey and report progress to the Commission.
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February 2, 2009:
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Accept the report.
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March 2, 2009:
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Accept the report.
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April 6, 2009:
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Accept the report.
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Speakers:
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Luz Morganti, Civil Service Commission
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Action:
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Accept the report; set the salary for Member, Board of Supervisors for a five (5) year cycle effective July 1, 2009 through June 30, 2014 at the meeting of May 4, 2009.
(Vote of 5 to 0)
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0009-09-7
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Request for hearing by Michael Crandell on future employment restrictions as 1209 Benefits Technician, Department of Human Resources. (Item No. 14)
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Speakers:
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None.
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Action:
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(1) Cancel any current examination and eligibility status;
(2) No future employment with the City and County of San Francisco. (Vote of 5 to 0) Michael Crandell failed to appear.
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Note:
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President Casper stated his reason for voting in favor of the Human Resources Director’s recommendation as follows: He considers the Commission’s action on post termination employment restrictions to be important because it affects the careers and career paths of employees who have been terminated; One of the benefits of having the Commission weigh in on post termination employment restrictions by the appeals process is that through open discussion, standards can over time emerge and be shaped; a decision on an appeal of a post termination employment restriction is a process in which there is both predictability and flexibility because the facts of every case is different.
President Casper further noted that one of the proposals for Civil Service Reform that’s being floated is that this Commission no longer hears appeals on post termination employment restrictions. He wanted to show that the more rational way of going about determining post termination employment restrictions is through an open process where standards are developed publicly.
The Executive Officer reminded the Commissioners that it is their Charter mandated duty to provide qualified individuals for public employment and this goes to the heart of fitness for duty of applicants.
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0131-09-1
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Consideration to Waive the Attorney-Client Privilege applicable to the City Attorney’s Opinion of the Civil Service Commission’s Remedial Authority in Discrimination Appeals. (Item No. 15)
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Speakers:
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None.
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Action:
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Waive the Attorney-Client Privilege applicable to the City Attorney’s Opinion of the Civil Service Commission’s Remedial Authority in Discrimination Appeals. Make opinion available to the public. (Vote of 5 to 0)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION (Item No. 16)
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None.
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 17)
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President Donald A. Casper stated that the Commission should have in place a simple rule which allows the Commission to depart from Civil Service Commission Rules; i.e. it might be that the Commission order a department head to make an appointment from an eligible list; it could be that the Commission order an appointment after an eligible list has expired.
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Commissioner Normandy suggested that we schedule at least four discrimination appeals per meeting and discipline ourselves to thirty minutes for each case.
He also inquired again about whether the Department of Human Resources uses E-verify for back-ground reviews. He requested a formal report from the Department of Human Resources on the matter.
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ADJOURNMENT (Item No. 18)
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4:55 p.m.
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