Meeting Information

2:06 p.m.

ROLL CALL

President Linda Richardson

Present  (missed items 19-26)

Vice President Thomas T. Ng

Present

Commissioner Alicia D. Becerril

Not Present

Commissioner Donald A. Casper

Present

Commissioner Morgan R. Gorrono

Present

President Linda Richardson presided (Items #1-18; left at 4:19 p.m., at recess);

Vice President Thomas T. Ng presided (Items 19-26); began at 4:30 p.m.after recess)

PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA

Vincent Harrington, Police Officers’ Association Counsel, requested that the appeal of Officer Damon Keeve (Item #23) be continued to a subsequent meeting to allow for additional departmental discussions.

Deputy Chief Antonio Parra, San Francisco Police Department, requested that the item be heard in order.

Terri Brady, San Francisco Police Department, requested that the item be heard in order.

The Commissioners denied the request and voted to hear the item in order. (Vote of 4 to 0).

APPROVAL OF MINUTES

Regular Meeting of September 7, 2004

Action:

Approve.  (Vote of 4 to 0)

It has been previously reported that at the Special Meeting of June 25, 2004, the Commission voted to submit nominees to the Mayor for the position of Human Resources Director. 

Now that the Mayor has submitted his choice of Philip Ginsburg to the Board of Supervisors, it is appropriate to disclose that Mr. Ginsburg was among the nominees submitted by this Commission to the Mayor.

0645-04-11

Inspection Service: Request for information on hiring and selection records – Assessor’s Office.  (Item No. 5)

Disclosure:

Vice President Thomas T. Ng disclosed that he is a friend of the Assessor and has worked on her campaign for Supervisor and Assessor.

Speakers:

Joselito Laudencia, IFPTE Local 21

Diane Cirrincione, former Assessor’s Office employee

Criss Romero, IFPTE Local 21

Carmelita Harris, Assessor’s Office employee and Union Shop Steward

Action:

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 Assessor’s Office 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.

4.      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)

0497-04-1

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

September 7, 2004:

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

Speakers:

Mabel Ng, Deputy Director, Ethics Commission

Action:

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

Speakers:

James Howells, Public Utilities Commission

Action:

Adopt the Human Resources Director’s report.  Notify the offices of the Controller and the Purchaser.  (Vote of 3 to 1; Commissioner Gorrono dissents.)

0646-04-8

Review of request for approval of proposed personal services contract. (Item No. 8)

Action:

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

0647-04-5

Municipal Transportation Agency’s Report on Appointments Exempt from Civil Service under Charter Section 10.104-16 through 10.104-18.   (Item No. 9)

Speakers:

None

Action:

Adopt report.  (Vote of 4 to 0)

0648-04-5

Municipal Transportation Agency’s Provisional Appointment Report.  (Item No. 10)

Speakers:

None.

Action:

Adopt report. (Vote of 4 to 0)

0649-04-3

Prevailing Rate of Wages Required in Contracts for Moving Services; Nonprofit Organizations Exclusion.   (Item No. 11)

Speakers:

None.

Action:

Adopt report; Forward to the Board of Supervisors.  (Vote of 4 to 0)                           

Speakers:

Paul Zarefsky, Deputy City Attorney

Greg Perez, Department of Human Resources

Donna Levitt, Office of Contract Administration

Action:

Sever prevailing wage for workers engaged in rigging, sound, projection, theatrical lighting, videos, computers, draping, carpentry, special effects, and motion picture services on property owned by the City & County of San Francisco, as it was
recently approved and forwarded to the Board of Supervisors; Adopt remainder of the report; Forward to the Board of Supervisors. 
(Vote of 4 to 0)

0309-04-6

Appeal by Dr. Roop Jindal of the Human Resources Director’s decision in his complaint of discrimination.  (Item No. 13)

Speakers:

None.

Action:

Postpone to the meeting of October 4, 2004 at the request of Dr. Roop Jindal.  (Vote of 4 to 0)

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. 14)

Speakers:

None.

Action:

Postpone to the meeting of October 18, 2004 at the request of Jerry Cimmet, Attorney.  (Vote of 4 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. 15)

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) 

Action:

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

Vote on whether to hold closed session to confer with the designated labor negotiator,  San Francisco Administrative Code 67.10 (e)  (Item No. 16)

The Commission conducted entire item in Open Session. 

Action:

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)

0650-04-4

Backdate civil service citywide seniority dates for Class 2587 Health Worker III staff employed at the San Francisco Behavioral Health Center (formerly Mental Health Rehabilitation Facility), specifically:  (Item No. 17)

Action:

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

0598-04-4

Appeal by Sgt. Steve Ford of the Q – 60 Police Lieutenant Job Announcement. (Item No. 18)

Speakers:

Terri Brady, San Francisco Police Department

Sgt. Steve Ford, Appellant

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Sgt. Steve Ford.  (Vote of 3 to 0)

Speakers:

Terri Brady, San Francisco Police Department

Sgt. Dominic Yin, Appellant

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Sgt. Dominic Yin.  (Vote of 3 to 0)

0574-04-4

Appeal by Sgt. Michael Zurcher of the Q – 60 Police Lieutenant Job Announcement.    (Item No. 20)

Speakers:

Terri Brady, San Francisco Police Department

Sgt. Michael Zurcher, Appellant

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Sgt. Michael Zurcher.  (Vote of 3 to 0)

Speakers:

Terri Brady, San Francisco Police Department

Sgt. Mark Sullivan, Appellant

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Sgt. Mark Sullivan.  (Vote of 3 to 0)

0605-04-4

Appeal by Sgt. Thomas Feledy of the Q – 60 Police Lieutenant Job Announcement. (Item No. 22)

Speakers:

Terri Brady, San Francisco Police Department

Sgt. Thomas Feledy, Appellant

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Sgt. Thomas Feledy.  (Vote of 3 to 0)

0561-04-4

Appeal by Officer Damon Keeve of the Q – 60 Police Lieutenant Job Announcement.    (Item No. 23)

Speakers:

Terri Brady, San Francisco Police Department

Officer Damon Keeve, Appellant 

Deputy Chief Antonio Parra, San Francisco Police Department

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Officer Damon Keeve.  (Vote of 3 to 0)

Speakers:

Terri Brady, San Francisco Police Department

Sgt. Narda Gillespie, Appellant

Action:

Sustain the decision of the Human Resources Director.  Deny the appeal of Sgt. Narda Gillespie.  (Vote of 3 to 0)

0653-04-8

Review of request for approval of proposed personal services contract.  (Item No. 25)

Action:

Adopt the Human Resources Director’s report.  Notify the offices of the Controller and the Purchaser.  (Vote of 3 to 0)

0651-04-5

Draft written opinion of the extension of eligible lists affecting Miscellaneous Employees and Service Critical Classes at the Municipal Transportation Agency as a result of   the Civil Service Commission decision to extend Eligible List #22252-E-8-L for Class 9212 Airport Safety Officer.  (Item No. 26)

September 7, 2004:

Adopt staff report.  Approve request to extend eligible list for three (3) months to close of business December 10, 2004, for a maximum duration of 27 months.  (Vote of 4 to 0)

Draft written opinion of the extension of eligible lists affecting Miscellaneous Employees and Service Critical Classes at the Municipal Transportation Agency for the Commissioners consideration at the meeting of September 20, 2004.

Speakers:

None.

Action:

Adopt written opinion; Distribute with Meeting Minutes. (Vote of 3 to 0)

Officer Damon Keeve appreciates Commissioner Gorrono requesting information from the department.

ADJOURNMENT

6.44 p.m.