MTA Appeals_Procedures for Staff

Procedures for Submission of Written Reports on

Appeals to the Civil Service Commission Applicable to Service Critical Classes of the Municipal Transportation Agency (MTA)

(Also referred to as “Procedure Two MTA”)

 

I.          General Instructions

Civil Service Commission Rule 05 Series - Requirement for Written Report, states:

 

All matters coming before the Civil Service Commission, except matters properly heard in executive session, shall be supported by a complete report in writing prepared in accordance with procedures determined by the Executive Officer and shall, together with all written documentation to be presented at the hearing, be delivered to each of the Commissioners no later than 4:00 p.m. on the second business day preceding the meeting day.  Any matter coming before the Commission not in compliance with this Rule shall, upon request of any Commissioner, be deemed out of order and shall be continued to the next scheduled meeting.

 

Reports in support of an agenda item submitted to the Civil Service Commission from the Municipal Transportation Agency (MTA) must use the format and procedure prescribed in these Procedures.  All Commission reports and all supporting documents and materials must be submitted in accordance with the time lines established in this Procedure.  The Commissioners will generally not review documents which are not included in the agenda files delivered to them in advance of the Civil Service Commission meeting.  Agenda files are normally delivered five (5) calendar days before the Commission meeting day.  Consequently, if all materials in support of an agenda item are not received by the deadline date, the item may be held over to the next Commission meeting.

 

Matters for the agenda must be submitted in writing using the Commission report format outlined in this Procedure.  Verbal requests to calendar an item will not be approved.  Requests for supplemental agenda or additions to the agenda cannot and will not be processed.

 

The San Francisco Sunshine Ordinance requires that all agenda topics be written in clear, non-technical language, with no abbreviations or acronyms and understandable to the average citizen who might be reading the agenda.  The Executive Officer will review all proposed topics and may, in his/her discretion, edit or rewrite the agenda topic to assure compliance with the intent of the Sunshine Ordinance.

 

II.        Requests for Copies of Written Reports

Commission reports are subject to public inspection and are available for duplication.  If copies are requested, the Civil Service Commission will charge ten cents (.10) per page.  Requests for copies of reports made to the Municipal Transportation Agency are not to be directed to the Civil Service Commission.  The Municipal Transportation Agency will provide the requested copies and collect the required fees.

 

III.       Proposed Findings of Fact and Recommendation

Based on the decision and order of the Civil Service Commission, all written reports to the Commission must include proposed findings of fact and a recommended action based on those findings (see Section IV below).

 

IV.       Commission Report Format

 

A.  The Civil Service Commission Report Transmittal - CSC Form 22MTA (Attachment F) must be fully completed and attached to the original copy only and submitted along with all required copies of the Commission report.  Persons preparing Commission reports may either complete Civil Service Commission Form 22 or use an identical word-processing format.  In either case, please be brief, clear, and concise.  The words “see attached are not acceptable.”  Persons to be notified are to be listed with names and addresses on a separate sheet of paper.  CSC Form 22 and a list of persons to be notified must be submitted with the original copy of the Commission report.

 

B.  Commission reports are to be prepared and submitted on letter size, white paper with holes punched on the left side for insertion in a 3-ring binder.  Please do not staple copies or use dividers larger than letter size.  Each page must be numbered consecutively at the bottom center of each page.  Page numbers do not have to be typewritten, but if handwritten, must be legible.  A legal size sheet should be reduced to fit letter size paper.  Reports submitted not in compliance with this Procedure will not be processed and will be returned to the source.

 

C.  The original and nine (9) copies of the Commission Report with CSC Form 22MTA - Civil Service Commission Report Transmittal, and the list of names and addresses of persons to be notified attached to the original copy of the Commission Report only, must be submitted to the Director of Transportation, MTA/Designee for approval or in the case of Americans with Disabilities Act/Discrimination Complaints, to the Human Resources Director.  Reports sent directly to the Civil Service Commission without the approval of the Director of Transportation, MTA/Designee or when applicable the Human Resources Director will be rejected.  The Director of Transportation, MTA/Designee or when applicable Human Resources Director or designee will approve the submission of the report for calendaring by signing and dating in the indicated spaces on Form 22.  The Director of Transportation, MTA/Designee or Human Resources Director will then forward all copies to the Executive Officer for distribution as follows:

 

  • Form 22MTA:      Time-Stamp in Commission Office
  • Original:               Becomes part of the official Commission record

                                    of Transaction

  • Copies 1-5:            One copy for each Commissioner (Do not

                                    identify)

  • Copy 6:                 Copy for Executive Officer
  • Copy 7:                 Copy for Human Resources Director
  • Copy 8:                 Copy for City Attorney
  • Copy 9:                 File Copy (Sunshine Ordinance and public

                                    viewing file)

 

D.  For appeals in which the examination announcement is relevant, a copy of that document must be attached to the report.  A copy of the actual letter or letters of an appeal or request for hearing and any other material submitted by the appellant in support of his/her position must also be attached by the person preparing the report.  For purposes of continuity in reconstructing the appeal, copies of all letters to the appellant must be included.  Append documents to each copy of the Commission report in chronological sequence with the oldest date on the bottom and the most recent on top OR in order of reference in the staff report.  Be certain that all pages of the appended documents are numbered consecutively.  The Executive Officer will add to the file any material submitted by the appellant in response to the written report and this material will be included in the nine (9) copies for distribution.

 

E.         Findings of Fact Format

Background:  In one or two paragraphs, present a synopsis of the matter being considered by the Civil Service Commission.

 

For example:  John Whoqualifies is appealing the examination announcement for the position of Painter (Job Code 7346).  Specifically, Mr. Whoqualifies claims that it is not reasonable to require four (4) years of experience for this position when previously only three (3) years of experience have been required.

 

  • Issues:  Identify the issue or issues to be addressed.  For example, in the above matter:

Is it reasonable to require that a Painter (Job Code 7346) have four (4) years of experience?

 

  • Authority/Standards:  Identify the appropriate standard (Civil Service Commission Rule, Federal or State Law, Policy and Procedure, etc.). 

 

For example:  Appeal of examination announcement is governed by Rule 11 Series.  In order to appeal an announcement, the appellant must file in writing with the Human Resources Director within five (5) days of the issuance of an announcement stating specifically what the concern is with the announcement.  It is up to the discretion of the Director of Transportation, MTA to act, or withdraw an examination announcement if he/she finds that a criteria on the announcement is not reasonably related to the job being tested.  The parties then have five (5) business days to appeal the decision of the Director of Transportation, MTA to the Commission.

 

  • Findings:  Bring together the facts of the case.

 

For example:  The union contends that it is unfair to require four (4) years of experience for this position because we have only required three (3) years in the past and there is no reason for the change.  The department contends that the work being performed by these individuals has become increasingly complex due to changes and upgrades in City technology.

 

                                    Or another example:

Finding #1:    Exam announcements issued in 1993, 1998, and 2000 required three (3) years experience.

 

 

Finding #2:    Changes in law now require that employees have four (4) years of experience to paint public buildings.

 

Finding #3:    A member of the public appealed the previous examination announcement issued in 2000 to require additional experience.

 

 

  • Analysis:  Explain or discuss the findings, the standards leading to your conclusion and recommendation.

 

For example:  Is the appeal timely?  The examination announcement was posted on January 2, 2003.  The appeal was filed on January 6, 2003.  The appeal is timely filed.

 

Or another example:  From 1968 until 1982, the City required that employees in this classification have two (2) years of experience.  This requirement changed because of changes in the law, technology and marketplace requirements.  The City’s requirements are job related and necessary to maintain a safe work environment.

 

  • Conclusion:  Keep brief, concise and follow the logic of the report. 

 

For example:  The department has articulated a valid reason for increasing the minimum qualifications set forth in the examination announcement.  Staff has conducted an investigation.  The affected departments have articulated a reasonable rationale for the requirement, thus staff recommends that the appeal of the exam announcement be denied.

 

  • Recommendations:  Reflects the action staff is requesting of the Civil Service Commission; used by Commission staff in preparing the Agenda.

 

For example:  Uphold the decision of the Director of Transportation, MTA; Deny the appeal of John Whoqualifies.

 

V.        Deadlines

The Civil Service Commission normally meets on the first and third Mondays of each month.  Deadlines are identified by the number of calendar days from the Commission meeting.  Deadlines do not include the day of the Commission meeting.  The Director of Transportation, MTA/Designee will determine the deadline for submission of the written reports to the Director of Transportation, MTA/Designee. The Human Resources Director will determine the deadline for submission of the written reports to the Department of Human Resources office.  Notification of this deadline will be done by the Director’s office.

 

 

 

Important Note:  Redact Confidential Information

 

Care must be taken to redact confidential information except where such information may be relevant to the proceeding.  Examples of confidential information include but are not limited to:  date of birth, social security number, driver’s license, employee ID numbers, marital status, employee’s home address, and home/cell phone number.  In all cases, identifying information on minors or patients is confidential.  If you have a question in a particular caseasto whether other types of information should be redacted, please contact the City Attorney’s Office for guidance.


The deadlines for receipt of documents for the Civil Service Commission agenda and the schedules for agenda preparation are detailed as follows:

 

 

 

Calendar Days Preceding the Commission Meeting

 

Time

 

Deadline Description

 

 

11 Days (Thursday)

 

 

 

 

 

 

 

Receipt of original and nine (9) copies of Commission Report and CSC Form 22MTA (approved by the Director of Transportation, MTA or Human Resources Director where applicable) in the Commission office.

 

Executive Officer to mail notifications to individuals having business before the Commission (Attachment G) for Examination Matters and (Attachment H) for Separations.

 

 

7 Days (Monday)

 

 

 

Staff Report available to appellant.  Agenda preparation and typing.

 

 

6 Days (Tuesday)

 

 

 

 

Print and distribute or mail Commission agenda.

Appellant deadline to submit additional information.

 

 

5 Days (Wednesday)

 

 

 

 

 

 

 

 

 

 

Assemble all meeting files for Commissioners, City Attorney, Human Resources Director and Executive Officer.

 

Deliver meeting files to Commissioners, City Attorney, Human Resources Director and Executive Officer.

 

 

 


 

                                                DATE:                    January 1, 2003

 

                                                                REGISTER NO.:         0001-03-4

 

                                                                APPELLANT:             JOHN DOE

 

Mr. John Doe

123 Easy Street

San Francisco, CA94102

 

Dear Mr. Doe:

 

The Civil Service Commission has received your letter appealing the rejection of your application for Principal Administrative Analyst (Job Code 1824).

 

Your request has been forwarded to the Director of Transportation, MTA for review to determine if the Civil Service Commission has jurisdiction to consider the matter and, if so, to determine if the request is timely.

 

If timely and appropriate, this matter will be scheduled for hearing by the Civil Service Commission in the near future.  You will be notified approximately one week in advance of the hearing date.  The Civil Service Commission meets on the 1st and 3rd Mondays of each month.  The deadline for receipt in the Commission office of any additional information you may wish to submit is on the Tuesday preceding the meeting date.

 

Sincerely,

 

CIVIL SERVICE COMMISSION

 

 

 

KATE FAVETTI

Executive Officer

 

c:         Director of Transportation, MTA

Dept. Personnel Director, Labor Relations, MTA and/or

Senior Departmental Personnel Officer, MTA

Alpha

Chron

 

 

MTA PROCEDURE NO. 1

ATTACHMENT A

EXAMPLE OF RECEIPT LETTER


 

 

NOTICE OF RECEIPT OF APPEAL

 

 

DATE:                    January 1, 2003

 

REGISTER NO.:         0001-03-4

 

APPELLANT:             JOHN DOE

 

Mr. Michael Burns

Director of Transportation

Municipal Transportation Agency

401 Van Ness Avenue
. 3rd Floor

San Francisco, CA94102

 

Dear Mr. Burns:

 

The Civil Service Commission has received the attached letter from Mr. John Doe appealing the rejection of his application for Principal Administrative Analyst (Job Code 1824)

 

This matter has been tentatively scheduled for hearing by the Civil Service Commission at on March 7, 2003 in Room 400, 4th Floor, City Hall,

1 Dr. Carlton B. Goodlett Place
.  If you are unable to proceed on this date or if for any reason the appeal is not timely or appropriate, please notify me by use of the “Action Request on Pending Appeal/Request” (CSC Form Number 13MTA).

 

Sincerely,

 

CIVIL SERVICE COMMISSION

 

 

 

KATE FAVETTI

Executive Officer

 

Attachment

 

c:         Dept. Personnel Director, Labor Relations, MTA and/or

            Senior Departmental Personnel Officer, MTA

            Alpha

            Chron

 

MTA PROCEDURE NO. 1

ATTACHMENT B

EXAMPLE OF RECEIPT LETTER


 

 

                                                                       DATE:                    January 2, 2003

 

                                                                        REGISTER:             0002-03-7

 

                                                                        APPELLANT:           JANE DOE

 

 

Ms. Jane Doe

100 Any Street

San Francisco, CA  94155

 

Dear Ms. Doe:

 

            The Civil Service Commission has received your request for hearing on future employment as a Transit Operator (Job Code 9163).

 

            Your request has been forwarded to the Municipal Transportation Agency for review to determine if the Civil Service Commission has jurisdiction to consider the matter and, if so, to determine if the request is timely.

 

            If timely and appropriate, this matter will be scheduled for hearing by the Civil Service Commission in the near future.  You will be notified approximately one week in advance of the hearing date.  The Civil Service Commission meets on the 1st and 3rd Mondays of each month.  The deadline for receipt in the Commission office of any additional information you may wish to submit is on the Tuesday preceding the meeting date.

 

                                                            Sincerely,

 

                                                            CIVIL SERVICE COMMISSION

 

 

 

                                                            KATE FAVETTI

                                                            Executive Officer

 

c:         Director of Transportation, MTA

            Dept. Personnel Director, Labor Relations, MTA and/or

            Senior Departmental Personnel Officer, MTA

            Alpha

            Chron

 

MTA PROCEDURE NO. 1

ATTACHMENT C

EXAMPLE OF RECEIPT LETTER


 

 

 

NOTICE OF REQUEST FOR HEARING ON FUTURE EMPLOYMENT WITH THE CITY & COUNTY OF SAN FRANCISCO

 

DATE:                    January 1, 2003

 

REGISTER NO.:        0002-03-7

 

APPELLANT:         JANE DOE

 

 

Mr. Michael Burns

Director of Transportation

Municipal Transportation Agency

401 Van Ness Avenue
, 3rd Floor

San Francisco, CA94102

 

Dear Mr. Burns:

 

            The Civil Service Commission has received the attached request for hearing from Jane Doe of the restrictions on future employment as Transit Operator (Job Code 9163).

 

            This matter has been tentatively scheduled for hearing by the Civil Service Commission at on March 7, 2003 in Room 400, 4th Floor, City Hall,

1 Dr. Carlton B. Goodlett Place
.  If you are unable to proceed on this date or if for any reason the appeal is not timely of appropriate, please notify me by use of the “Action Request on Pending Appeal/Request” (CSC Form Number 13MTA).

 

                                                            Sincerely,

 

                                                            CIVIL SERVICE COMMISSION

 

 

 

                                                            KATE FAVETTI

                                                            Executive Officer

 

Attachment

 

c:         Dept. Personnel Director, Labor Relations, MTA and/or

            Senior Departmental Personnel Officer, MTA

            Alpha

            Chron

                  MTA PROCEDURE NO. 1

                  ATTACHMENT D

                  EXAMPLE OF RECEIPT LETTER

 

 

 

CIVIL SERVICE COMMISSION

CITY AND COUNTYOF SAN FRANCISCO

Action Request on Pending Appeal

 

DATE:                                                         

 

TO:                  Executive Officer, Civil Service Commission

25 Van Ness Avenue, Suite 720

San Francisco, CA94102

 

FROM:                                                                                                                                  

(Name)

                                                                                                                        

(Department)

                                                                                                                       

(Address)

                                                                                                                        

(Telephone)

 

SUBJECT:                                                                                                                                

(CSC Register No.)

                                                                                                                       

(Appellant’s Name)

                                                                                                                        

(Tentative CSC Hearing Date)

 

 

The following action on the appeal/request cited above is requested:  (Check appropriate box)

 

 

Appeal not timely.  Copy of documentation attached.  Please notify appellant; close file.

 

 

Resolved administratively.  Copy of documentation attached.  Please notify appellant; close file.

 

 

Scheduling problem; tentative CSC date not feasible for the reasons given under “Other” and note approximate date of CSC meeting when you will be prepared to proceed.  Reschedule CSC hearing date; notify appellant if required.

 

 

Other; describe:__________________________________________________________

__________________________________________________________________________________________________________________________________________________

(Please add additional pages if necessary)

 

c:          Director of Transportation, MTA/Designee

CSC-13MTA(5/01)

 

 

MTA PROCEDURE NO. 1

ATTACHMENT E

EXAMPLE OF ACTION REQUEST ON PENDING APPEAL

 

 

 

CIVIL SERVICE COMMISSION

CITY AND COUNTY OF SAN FRANCISCO

 

 

CIVIL SERVICE COMMISSION REPORT TRANSMITTAL (FORM 22)

Applicable to Municipal Transportation Agency Service-Critical Classes

 

Refer to Civil Service Commission Procedure for Staff – Submission of

Written Reports MTA for Instructions on completing and processing this Form

 

1.         Civil Service Commission Register Number:                      -                     -      

 

2.         For Civil Service Commission Meeting of:                                                    

 

3.         Check One:             Ratification Agenda

 

Consent Agenda

 

Regular Agenda

 

Separations Agenda

 

Director of Transportation’s Report

 

4.         Subject:

 

5.         Recommendation:

 

6.         Report prepared by:                                        Telephone number:___________

 

7.         Notifications:     (Attach a list of the person(s) to be notified in the format described in Civil Service Commission Procedure Number Two).

 

8.         Reviewed and approved for Civil Service Commission Agenda:

 

Director of Transportation, MTA:__________________________

 

                               Date:__________________________

 

9.         Submit the original time-stamped copy of this form and person(s) to be notified (see Item 7 above) along with the required copies of the report to:

 

Executive Officer

Civil Service Commission

25 Van Ness Avenue, Suite 720

San Francisco, CA94102

 

 

10.        Receipt-stamp this form in the CSC RECEIPT STAMP

box to the right using the time-stamp in the CSC Office.

 

 

 

 

CSC RECEIPT STAMP

 

 

 

 

 

 

 

 

 

 

Attachment

 

CSC-22MTA(9/01)

 

 

PROCEDURE NO. 2 and 3

ATTACHMENT F

EXAMPLE OF CIVIL SERVICE COMMISSION REPORT TRANSMITTAL

 

 

 


                                                                                    January 23, 2003

 

NOTICE OF CIVIL SERVICE COMMISSION MEETING

 

Mr. John Doe

100 Any Street

San Francisco, CA  94133

 

Subject:      APPEAL BY JOHN DOE OF THE REJECTION OF APPLICATION FOR CIVIL ENGINEER (JOB CODE 5241).

 

Dear Mr. Doe:

 

            The above matter will be considered by the Civil Service Commission at a meeting to be held on April 7, 2003 at in Room 400, Fourth Floor, City Hall,

1 Dr. Carlton B. Goodlett Place
.

 

            This item will appear on the regular agenda.  Please refer to the attached Notice for procedural and other information about Commission hearings.

 

            Attendance by you or an authorized representative is preferable.  Should you or your representative not attend, the Commission will rule on the information previously submitted and testimony provided at its meeting.  All calendared items will be heard and resolved at this time unless good reasons are presented for a continuance.

 

            All materials being considered by the Civil Service Commission for this item are available for public inspection and copying at the Civil Service Commission office Monday through Friday from to

 

                                                            CIVIL SERVICE COMMISSION

 

 

 

                                                            KATE FAVETTI

                                                            Executive Officer

 

Attachment

 

c:         Director of Transportation, MTA

            Dept. Personnel Director, Labor Relations, MTA and/or

            Senior Departmental Personnel Officer, MTA

            Commission File

            Commissioners Binders

            Chron

 

MTA PROCEDURE NO. 2

ATTACHMENT G

EXAMPLE OF NOTICE OF COMMISSION MEETING FOR AN EXAMINATION MATTER

 

 


                                                                                    January 23, 2003

 

NOTICE OF CIVIL SERVICE COMMISSION MEETING

 

Ms. Jane Doe

100 Any Street

San Francisco, CA 9132

 

SUBJECT:      REQUEST BY JANE DOE ON FUTURE EMPLOYABILITY AS CIVIL ENGINEER (JOB CODE 5241) MUNICIPAL TRANSPORTATION AGENCY.

 

Dear Ms. Doe:

 

            The above matter will be considered by the Civil Service Commission at a meeting to be held on February 3, 2003 at in Room 400, Fourth Floor, City Hall,

1 Dr. Carlton B. Goodlett Place
.

 

            This item will appear on the separations agenda.  Please refer to the attached Notice for procedural and other information about Commission hearings.

 

            Attendance by you or an authorized representative is preferable.  Should you or a representative not attend, the Commission will rule on the information previously submitted and testimony provided at its meeting.  Where applicable, the Commission has the authority to uphold, increase, reduce, or modify any restrictions recommended by the department.  All calendared items will be heard and resolved at this time unless good reasons are presented for a continuance.

 

            All materials being considered by the Civil Service Commission for this item are available for public inspection and copying at the Civil Service Commission office Monday through Friday from to

 

                                                            CIVIL SERVICE COMMISSION

 

 

 

                                                            KATE FAVETTI

                                                            Executive Officer

 

Attachment

 

c:          Director of Transportation, MTA

            Dept. Personnel Director, Labor Relations, MTA and/or

            Senior Departmental Personnel Officer, MTA

            Commission File

            Commissioners Binders

            Chron

 

MTA PROCEDURE NO. 2

ATTACHMENT H

EXAMPLE OF NOTICE OF COMMISSION MEETING FOR A SEPARATION MATTER