Rule 205 Civil Service Commission
Rule 205
Civil Service Commission - Meetings and Hearings
Applicability: Rule 205 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department
Sec. 205.1 Regular Meetings
Sec. 205.2 Adjourned Regular Meeting
Sec. 205.3 Special Meetings
Sec. 205.4 Civil Service Commission Meetings - Public
Sec. 205.5 Executive Session
Sec. 205.6 Minutes
Sec. 205.7 Communications
Sec. 205.8 Quorum
Sec. 205.9 Motion Requires Second
Sec. 205.10 Roll Call Vote
Sec. 205.11 Tie Vote
Sec. 205.12 Appeal of Human Resources Director's and Executive Officer's Action
Sec. 205.13 Reconsideration of Commission Action
Sec. 205.14 Moot Questions
Sec. 205.15 Rules of Order
Sec. 205.16 Item Heard Out of Order
Sec. 205.17 Calendared Matters to be Postponed
Sec. 205.18 Matters to be Heard by the Civil Service Commission
Sec. 205.19 Procedure for Commission Hearings
Sec. 205.20 Requirement for Written Report
Sec. 205.21 Requirement to Vote
Sec. 205.22 Submission of Written Material
Rule 205
Civil Service Commission - Meetings and Hearings
Applicability: Rule 205 shall apply to all classes of the Uniformed Ranks of the San Francisco Police Department
Sec. 205.1 Regular Meetings
205.1.1 Regular meetings shall be held on the first and third Monday of each month at
in the Commission Meeting Room, Room 400, Fourth Floor, City Hall,
205.1.2 Any change of time or place of meeting shall be posted.
205.1.3 When a regular meeting day falls on a holiday, the Civil Service Commission may meet on the next succeeding business day unless at a prior regular meeting it designates some other day for its meeting.
205.1.4 A regular meeting shall not be adjourned before
, provided that, if in the judgment of the President of the Civil Service Commission all calendared business has been concluded, the meeting may be adjourned at an earlier time. Persons having a matter on calendar, who within five working days following the date of the meeting request in writing that their matter be recalendared because of their non-appearance due solely to the earlier adjournment time, shall have their matter recalendared for original consideration. Nothing contained herein shall be construed as barring the Civil Service Commission from recessing from time to time during the continuance of the meeting.
Sec. 205.2 Adjourned Regular Meeting
The Civil Service Commission may adjourn any regular meeting to a time and place specified. The adjourned meeting shall be part of the regular meeting.
Sec. 205.3 Special Meetings
205.3.1 Special meetings may be called by the President or a majority of the Civil Service Commission in accordance with applicable local and State laws.
205.3.2 Notice shall be sent by the Executive Officer to all concerned parties who have matters on the special meeting agenda. Such notice must be delivered personally or by mail at least seventy-two (72) hours before the time of such meeting as specified in the notice. A copy shall also be posted on the Official Bulletin Board, posted on the Civil Service Commission Website and forwarded to the San Francisco Public Library. The notice shall specify the time and place of the meeting and the business to be transacted. No other business shall be transacted except that for which the meeting is ordered.
Sec. 205.4 Civil Service Commission Meetings - Public
All meetings of the Civil Service Commission shall be open to the public except as otherwise legally authorized.
Sec. 205.5 Executive Session
The Civil Service Commission may hold executive sessions to consider the employment or dismissal of an officer or employee subject to the jurisdiction of the Civil Service Commission; to hear complaints or charges brought against such officer or employee unless such officer or employee requests a public hearing; or for other purposes in accordance with applicable local and State laws.
Sec. 205.6 Minutes
The Executive Officer shall record in the minutes the time and place of each meeting, the names of the Commissioners present, all official acts of the Civil Service Commission and the votes of the Commissioners. When requested, a Commissioner's dissent or approval, together with the reasons therefore, shall be recorded. The minutes shall be written and presented for correction and approval at the next regular meeting.
Sec. 205.7 Communications
- Communications requiring action by the Civil Service Commission must be filed in writing in the Civil Service Department. The Executive Officer shall maintain a register of communications received with disposition recorded. Such register shall be open for public inspection during regular business hours.
Sec. 205.7 Communications (cont.)
205.7.2 Communications not requiring action by the Civil Service Commission under these Rules shall be processed by the Executive Officer as provided by these Rules, and proper notations shall be made on the pertinent records.
205.7.3 A Commissioner may request that any matter be calendared. All requests for hearing shall be calendared within a reasonable period of time.
Sec. 205.8 Quorum
The majority of all members of the Civil Service Commission shall constitute a quorum and the concurrence of a majority shall be necessary to any action.
Sec. 205.9 Motion Requires Second
A motion made by any Commissioner shall require a second.
Sec. 205.10 Roll Call Vote
A roll call vote may be requested by a Commissioner on any matter before the Civil Service Commission.
Sec. 205.11 Tie Vote
If only four Commissioners are present and it is evident that they are not in agreement on the matter or request before the Civil Service Commission, then any Commissioner or any interested party may request a postponement of action.
Sec. 205.12 Appeal of Human Resources Director's and Executive Officer's Action
205.12.1 Examination Matters
An action by the Human Resources Director on examination matters may be appealed to the Civil Service Commission provided such appeal is received by the Executive Officer by close of business on the fifth (5th) working day (excluding Saturdays, Sundays, and holidays) following the postmarked mailing date of notification to the appellant. The appeal period shall be extended an additional five (5) working days (excluding Saturdays, Sundays, and holidays) where the notification to the appellant is sent exclusively by certified mail – return receipt requested. The Civil Service Commission's action on the appeal shall be final and no reconsideration request shall be allowed.
Sec. 205.12 Appeal of Human Resources Director's and Executive Officer's Action (cont.)
205.12.2 Employee Compensation Matters
An action by the Human Resources Director, on wage and salary matters, may be appealed to the Civil Service Commission provided such appeal is received by the Executive Officer by close of business on the seventh (7th) business day (excluding Saturdays, Sundays, and holidays) following the postmarked mailing date of notification to the appellant. Where the Civil Service Commission has jurisdiction, the Civil Service Commission's action on the appeal shall be final and no reconsideration request shall be allowed.
205.12.3 Personal Services Contracts
An action by the Human Resources Director on personal services contracts may be appealed provided such appeal is received by the Executive Officer during the posting period prescribed in Civil Service Commission personal services contract procedures. The Civil Service Commission's action on the appeal shall be final and no reconsideration request shall be allowed. Personal services contracts not appealed during the prescribed posting period shall be calendared for ratification by the Civil Service Commission. Ratification action by the Civil Service Commission shall be final and no reconsideration request shall be allowed.
205.12.4 Other Matters
An action by the Human Resources Director on other matters or an action of the Executive Officer on a matter under the Executive Officer's jurisdiction may be appealed to the Civil Service Commission provided such appeal is received by the Executive Officer within thirty (30) calendar days following the postmarked mailing date of notification to the appellant. The Civil Service Commission's action on the appeal shall be final and no reconsideration request shall be allowed.
Sec. 205.13 Reconsideration of Commission Action
205.13.1 A request to reconsider a Civil Service Commission action that was not calendared as an appeal of the Human Resources Director's or Executive Officer's decision must be in writing and received by the Executive Officer no later than thirty (30) calendar days following the date of the action. Requests received after thirty (30) days will not be processed and will be denied.
Sec. 205.13 Reconsideration of Commission Action (cont.)
205.13.2 A request for reconsideration must succinctly specify the reasons for the request and shall be calendared as soon as practicable after receipt of the written request. The Civil Service Commission may allow up to three minutes of verbal testimony from the requester or representative. If the Civil Service Commission agrees to grant the request for a reconsideration, the matter shall be calendared at a subsequent Civil Service Commission meeting.
205.13.3 The Civil Service Commission's action to deny a request for reconsideration or the Civil Service Commission's decision following a reconsideration hearing shall be final and no further requests for reconsideration shall be considered.
Sec. 205.14 Moot Questions
Request for rulings on moot or hypothetical questions will not be considered.
Sec. 205.15 Rules of Order
Except as otherwise provided herein, Robert's Rules of Order, in its latest revision, shall guide the Civil Service Commission in its proceedings.
Sec. 205.16 Item Heard Out of Order
A request that a calendared item be heard out of order shall be presented at the start of the meeting to the President stating the reason for the request. The President shall decide if the request will be granted.
Sec. 205.17 Calendared Matters to be Postponed
All calendared matters to be postponed shall be announced by the Executive Officer at the start of the meeting.
Sec. 205.18 Matters to be Heard by the Civil Service Commission
Only matters that have been calendared will be heard by the Civil Service Commission at any meeting. No oral requests for rulings will be considered. Notification of the Civil Service Commission's actions shall be mailed no later than the second working day following such action.
Sec. 205.19 Procedure for Commission Hearings
All Civil Service Commission hearings in disputed matters shall conform to the following procedures:
205.19.1 Ratification and Consent Agenda
Presentation by opponent for a maximum time limit of five (5) minutes; and response by departmental representative for a maximum time limit of five (5) minutes.
205.19.2 Regular Agenda
Presentation by staff or departmental representative for a maximum time limit of five (5) minutes; and response by opponent or appellant for a maximum time limit of five (5) minutes.
205.19.3 Separation Hearings
1) Presentation by department for a maximum time limit of ten (10) minutes unless extended by the Civil Service Commission as follows: opening summary of case (brief overview); discussion of evidence; corroborating witnesses, if necessary; and closing remarks.
2) Presentation by employee or employee's representative for a maximum time limit of ten minutes unless extended by the Civil Service Commission as follows: opening summary of case (brief overview); discussion of evidence; corroborating witnesses, if necessary; and closing remarks.
3) The Civil Service Commission may allocate five (5) minutes for each side to rebut evidence presented by other side.
205.19.4 Civil Service Commission Authority
The Civil Service Commission reserves the right to question each party during its presentation and, in its discretion, to modify the time allocations and requirements set forth above.
Sec. 205.20 Requirement for Written Report
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 not later than 4:00 p.m. on the second (2nd) business day preceding the meeting day. Any matter coming before the Civil Service 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.
Sec. 205.21 Requirement to Vote
Each member of the Civil Service Commission present at a meeting must vote for or against a particular question, unless excused from voting by a motion adopted by a majority of the members present.
Sec. 205.22 Submission of Written Material
All written material to be considered by the Civil Service Commission in support of an agenda item shall be submitted to the Executive Officer no later than the fourth (4th) business day preceding the Regular Civil Service Commission meeting or in accordance with appellate procedures established by the Executive Officer. An original and such additional copies as required by the Executive Officer shall be provided.