2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 1999 1998 1997 A G E N D A
Regular Meeting
of
November 1, 2004
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
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A request to hear an item after 5:00 p.m.should be directed to the
Executive Officer as soon as possible following the receipt of notification of an upcoming hearing. Requests may be made by telephone at
(415) 252-3247 and confirmed in writing or by fax at (415) 252-3260.
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Order of Business
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CALL TO ORDER & ROLL CALL
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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APPROVAL OF MINUTES
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ANNOUNCEMENTS
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SPECIAL ORDER OF BUSINESS
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RATIFICATION AGENDA
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CONSENT AGENDA
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REGULAR AGENDA
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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COMMISSIONERS ANNOUNCEMENTS/REQUESTS
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ADJOURNMENT
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NOTICE OF COMMISSION HEARING
POLICIES AND PROCEDURES
The Civil Service Commission office is located at, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102. The telephone number is (415) 252-3247. The fax number is (415) 252-3260 and the web address is www.sfgov.org/civil_service/. Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday.
- Policy Requiring Written Reports
It is the policy of the Civil Service Commission that all items appearing on its agenda be supported by a written report prepared by Commission or departmental staff. All documents referred to in any Agenda Document are posted adjacent to the Agenda, or if more than one (1) page in length, available for public inspection and copying at the Civil Service Commission office. Reports from City and County personnel supporting agenda items are submitted in accordance with the procedures established by the Executive Officer. Reports not submitted according to procedures, in the format and quantity required, and by the deadline, will not be calendared.
- Policy on Written Submissions by Appellants
All written material submitted by appellants to be considered by the Commission in support of an agenda item shall be submitted to the Commission office, no later than 5:00 p.m. on the fourth (4th) business day preceding the Commission meeting for which the item is calendared (ordinarily, on Tuesday). An original and nine (9) copies on 8 1/2-inch X 11 inch paper, three-hole punched on left margin, and page numbered in the bottom center margin, shall be provided. Written material submitted for the Commission’s review becomes part of a public record and shall be open for public inspection.
- Policy and Procedure for Hearings to be Scheduled after 5:00 p.m.and Requests for Postponement
A request to hear an item after 5:00 p.m.should be directed to the Executive Officer as soon as possible following the receipt of notification of an upcoming hearing. Requests may be made by telephone at (415) 252-3247 and confirmed in writing or by fax at (415) 252-3260.
A request for a postponement (continuance) to delay an item to another meeting may be directed to the Commission Executive Officer by telephone or in writing. Before acting, the Executive Officer may refer certain requests to another City official for recommendation. Telephone requests must be confirmed in writing prior to the meeting. Immediately following the “Announcement of Changes” portion of the agenda at the beginning of the meeting, the Commission will consider a request for a postponement that has been previously denied.
- Policy and Procedure on Hearing Items Out of Order
Requests to hear items out of order are to be directed to the Commission President at the beginning of the agenda. The President will rule on each request. Such requests may be granted with mutual agreement among the affected parties.
F. Procedure for Commission Hearings
All Commission hearings on disputed matters shall conform to the following procedures: The Commission reserves the right to question each party during its presentation and, in its discretion, to modify any time allocations and requirements.
If a matter is severed from the Consent Agenda or the Ratification Agenda, presentation by the opponent will be for a maximum time limit of five (5) minutes and response by the departmental representative for a maximum time limit of five (5) minutes.
For items on the Regular Agenda, presentation by the departmental representative for a maximum time of five (5) minutes and response by the opponent for a maximum time limit of five (5) minutes.
For items on the Separations Agenda, presentation by the department followed by the employee or employee’s representative shall be for a maximum time limit of ten (10) minutes for each party unless extended by the Commission. Each presentation shall conform to the following:
- Opening summary of case (brief overview);
- Discussion of evidence;
- Corroborating witnesses, if necessary; and
- Closing remarks.
The Commission may allocate five (5) minutes for each side to rebut evidence presented by the other side.
G. Policy on Tape Recording of Commission Meetings
As provided in the San Francisco Sunshine Ordinance, all Commission meetings are tape-recorded. These tape recordings of open sessions are available for public review starting on the day after the Commission meeting in the Commission office between 8:00 a.m. and 5:00 p.m.
- Speaking before the Civil Service Commission
Speaker cards are not required. The Commission will take public comment on all items appearing on the agenda at the beginning of each meeting at the time the item is heard and prior to the Commission taking any action on the item. The Commission will take public comment on matters not on the Agenda, but within the jurisdiction of the Commission during the “Requests to Speak” portion of the regular meeting. Maximum time will be three (3) minutes.
I. Policy on use of Cell Phones, Pagers and Similar Sound-Producing Electronic Devices at and During Public Meetings
The ringing and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.
Information on Disability Access
The Civil Service Commission normally meets in Room 400 (Fourth Floor) City Hall, 1 Dr. Carlton B. Goodlett Place. However, meetings not held in this room are conducted in the Civic Center area. City Hall is wheelchair accessible. The closest accessible BART station is the Civic Center, located 2 ½ blocks from City Hall. Accessible MUNI lines serving City Hall are 47 Van Ness Avenue, 9 San Bruno and 71 Haight/Noriega, as well as the METRO stations at Van Ness and Market and at Civic Center. For more information about MUNI accessible services, call (415) 923-6142. Accessible curbside parking has been designated at points in the vicinity of City Hall adjacent to Grove Street and Van Ness Avenue.
The following services are available on request 48 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week. For American Sign Language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact the Commission office to make arrangements for the accommodation. Late requests will be honored, if possible.
Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call our ADA coordinator at (415) 252-3254 or (415) 252-3247 to discuss meeting accessibility. In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.
Know your Rights under the Sunshine Ordinance (Chapter 67 of the San FranciscoAdministrative Code)
Government’s duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people’s business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, or to obtain a free copy of the Sunshine Ordinance, contact Donna Hall, Administrator of the Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 409, San Francisco, CA 94102-4683 at (415) 554-7724, by fax: (415) 554-7854, by e-mail: Donna.Hall@sfgov.org, or on the City’s website at www.sfgov.org/bdsupvrs/sunshine.
San FranciscoLobbyist Ordinance
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code Section 2.100) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and web site http://www.sfgov.org/ethics/.
City and County of San Francisco
Civil Service Commission
Agenda for Regular Meeting
November 1, 2004
2:00 p.m.
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ITEM NO.
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(1)
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CALL TO ORDER AND ROLL CALL
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President Linda Richardson
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Vice President Thomas T. Ng
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Commissioner Alicia D. Becerril
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Commissioner Donald A. Casper
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Commissioner Morgan R. Gorrono
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(2)
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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(3)
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APPROVAL OF MINUTES– Action Item
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Special Meeting of October 15, 2004 – Open Session
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Recommendation:
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Approve.
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Regular Meeting of October 18, 2004
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Recommendation:
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Approve.
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(4)
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ANNOUNCEMENTS
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Announcement of changes to agenda
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Other announcements
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SPECIAL ORDER OF BUSINESS
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(5)
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Rule amendments to Civil Service Commission Rules Applicable to the San Francisco Police Department, specifically, Rule 213 – Certification of Eligibles – Police Department.(File No. 0549-04-5) Discussion and Possible Action Item
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December 1, 2003:
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Discussion continued to the meeting of December 15, 2003.
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December 15, 2003:
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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.
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January 20, 2004:
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Continue discussions. Schedule a Special Meeting when the independent expert is available.
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March 1, 2004:
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Continue with discussions. Schedule a Special Meeting within the next two weeks with a full Commission and only this item on the agenda.
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March 22, 2004:
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Adjourned due to lack of quorum caused by building evacuation, to the Regular Meeting of April 5, 2004.
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April 5, 2004:
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RESUMPTION OF ADJOURNED SPECIAL MEETING OF MARCH 22, 2004
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Speakers:
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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
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Vote on whether to hold closed session to confer with the designated labor negotiator, San FranciscoAdministrative Code 67.10 (e) –
ACTION ITEM
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Action:
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The Commission voted to conduct a closed session.
(Vote of 4 to 0)
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Closed session started at 3:50 p.m. in City Hall, Room 400 and the following were present:
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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
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Closed session ended at 4:55 p.m.
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Reconvened in open session at 4:56 p.m.
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Vote to elect whether to disclose any or all discussions held in Closed Session. San Francisco (Administrative Code Section 67.12(a)
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Action:
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The Commission voted to disclose the actions taken in Closed Session. (Vote of 4 to 0)
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Disclosure of action in closed session:
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At the direction of President Morgan R. Gorrono the Executive Officer, Civil Service Commission reported the actions taken in closed session as follows:
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(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)
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(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.
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(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)
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(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)
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(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)
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(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.)
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Note: Commissioner Becerril departed at 4:50 p.m.
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(7) Maintain draft proposed amendments to Rule 213 - Certification of Eligibles on Secondary Criteria
(Vote of 4 to 0)
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(8) Continue to meeting of April 19, 2004 for public comment and recommendation to post for meet and confer. (Vote of 4 to 0)
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April 19, 2004:
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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)
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August 16, 2004:
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Direct the Executive Officer to place the posted Rule Amendments on the September 7, 2004 Agenda for final action.
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September 7, 2004:
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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)
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September 20, 2004:
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The Commission conducted entire item in Open Session.
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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)
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October 18, 2004:
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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)
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Recommendation:
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Adopt.
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(6)
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Civil Service Commission review and comment of Departmental Statement of Incompatible Activities for the following departments. (File No. 0497-04-1) – Action Item
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Department of Administrative Services
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Human Rights Commission
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Adult Probation Department
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Immigrant Rights Commission
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Airport Commission
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Law Library
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Asian Art Museum
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Public Library
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Assessment Appeals Board
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Office of the Mayor
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Board of Supervisors, Clerk of the Board of Supervisors
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Municipal Transportation Agency
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Board of Supervisors, Sunshine Ordinance Task Force
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Police Department
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Department of Building Inspection
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Port of San Francisco
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Office of the City Attorney
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Private Industry Council of San Francisco, Inc.
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Citizen’s General Obligation Bond Oversight
Committee
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Civil Service Commission
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Office of the Controller
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Office of the District Attorney
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Entertainment Commission
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Department of the Environment
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Fine Arts Museum
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San Francisco Fire Department
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Health Commission and Department of Public Health
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Department of Human Resources
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Juvenile Probation Commission
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City Administrator
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Arts Commission
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Department of Child Support Services
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Department of Public Works
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Aging & Adult Services Commission & the
Department of Aging & Adult Services
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August 16, 2004:
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Continue to the meeting of September 7, 2004.
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September 7, 2004:
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Separate in-house and outside activities; Continue to the meeting of September 20, 2004.
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September 20, 2004:
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Continue to the meeting of October 4, 2004.
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October 4, 2004:
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Submit preliminary comments and approve complete comments at the meeting of October 18, 2004.
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October 18, 2004:
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Continue to the meeting of November 1, 2004.
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Recommendation:
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Review; Forward comment to Ethics Commission.
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RATIFICATION AGENDA
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All matters on the Ratification Agenda are considered by the Civil Service Commission to be non-contested and will be acted upon by a single vote of the Commission. There will be no separate discussion on these items unless a request is made; in which event, the matter shall be removed from the Ratification Agenda and considered as a separate item. Each individual addressing the Commission will be limited to a maximum time limit of five minutes for all items severed from the Ratification Agenda.
Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.
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(7)
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Review of request for approval of proposed personal services contracts. (File No. 0795-04-8) – Action Item
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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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4038-04/05
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Airport
Commission
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$100,000
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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.
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Regular
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12/31/05
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4039-04/05
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Environment
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$450,000
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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.
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Regular
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06/30/07
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Recommendation of
the Human Resources Director:
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Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser.
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CONSENT AGENDA
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All matters on the Consent Agenda considered by the Civil Service Commission will be acted upon by a single vote of the Commission. There will be no separate discussion on these items unless a request is made; in which event, the matter shall be removed from the Consent Agenda and considered as a separate item. Each individual addressing the Commission will be limited to a maximum time limit of five minutes for all items severed from the Consent Agenda.
Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.
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(8)
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Proposed Civil Service Commission Meeting Schedule for Calendar Year 2005. (File No. 0796-04-1) - Action Item
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Recommendation:
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Approve.
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REGULAR AGENDA
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Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.
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(9)
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Request to lift ban on the future employment of Edward Morrell.
(File No. 0773-04-7) – Action Item
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October 18, 2004:
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Continue to the meeting of November 1, 2004.
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Recommendation:
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Adopt the staff report. Approve removal of employment restriction banning Edward Morrell from working in the Department of Public Health.
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(10)
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Appeal by Ronald Evans of the Human Resources Director’s determination of insufficient evidence to sustain the charge of discrimination or retaliation. (File No. 0503-03-6) – Action Item
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Recommendation:
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Adopt the report. Sustain the decision of the Human Resources Director. Deny the appeal by Ronald Evans.
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(11)
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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. (File No. 0726-03-6) – Action Item
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Recommendation:
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Adopt the report. Sustain the decision of the Human Resources Director. Deny the appeal by Leerma Patterson.
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(12)
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Appeal by Michael Walsh of the Human Resources Director’s determination of insufficient evidence to sustain the charges of retaliation. (File No. 0555-04-6) – Action Item
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Recommendation:
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Adopt the report. Sustain the decision of the Human Resources Director. Deny the appeal by Michael Walsh.
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(13)
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Appeal by Kailey Wong of the terms of the 9139 Transit Supervisor examination announcement. (File No. 0689-04-4) – Action Item
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Recommendation:
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Adopt the report. Sustain the decision of the Director of Transportation. Deny the appeal by Kailey Wong.
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(14)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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(15)
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COMMISSIONERS ANNOUNCEMENTS/REQUESTS
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(16)
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ADJOURNMENT
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