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MINUTES
Regular Meeting
June 15, 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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2:07 p.m.
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ROLL CALL
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President Morgan R. Gorrono
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Present
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Vice President E. Dennis Normandy
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Present (Left at 5:15 p.m. Missed Items
12-15)
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Commissioner Joy Y. Boatwright
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Present
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Commissioner Donald A. Casper
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Present
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Commissioner Mary Y. Jung
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Not Present (Notified absence)
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President Morgan R. Gorrono 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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Regular Meeting of June 1, 2009
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Action:
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Approve. (Vote of 4 to 0)
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0191-09-1
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Commendation for Janet G. Bias, Senior Personnel Analyst, upon her retirement after more than twenty-eight years of service to the City & County of San Francisco. (Item No. 5)
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Speakers:
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None.
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Action:
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Adopt. (Vote of 4 to 0)
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0192-09-1
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Commendation for Osserman B. Caceres, Social Work Supervisor, Department of Aging and Adult Services upon his retirement after more than twenty-three years of service to the City & County of San Francisco. (Item No. 6)
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Speakers:
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None.
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Action:
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Adopt. (Vote of 4 to 0)
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0175-09-8
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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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4153-08/09
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Airport Commission
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$150,000
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Will establish a secure, separate, private access Wi-Fi network within and around Terminal 1, ground level Boarding Area C baggage handling and planeside. The Wi-Fi network will extend current SFO wireless baggage network and compatible with existing Wi-Fi network.
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Regular
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02/28/10
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4155-08/09
Postpone to 7/6/09
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Public Utilities Commission
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$200,000
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Will design, permit, supply, install and commission three (3) fully integrated and operational solar PV systems with the following rated capacities and locations: a minimum of 100 kW at City Hall and min. of 214 KW at Davies Symphony Hall.
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Regular
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06/30/10
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June 1, 2009:
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Postpone PSC #4153-08/09 to the meeting of June 15, 2009 by mutual agreement of the Airport Commission and IFPTE Local 21 to meet and attempt to resolve their issues with no further continuances.
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Postpone PSC #4155-08/09 to the meeting of June 15, 2009 at the request of the Public Utilities Commission.
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Speakers:
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David Scott and Randall Smith, Public Utilities Commission spoke on PSC #4155-08/09.
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Action:
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Postpone PSC #4155-08/09 to the meeting of July 6, 2009. Public Utilities Commission to provide correct classes in 3B to the Commission. (Vote of 4 to 0)
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Adopt the Human Resources Director’s report on PSC #4153-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)
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0193-09-8
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Review of request for approval of proposed personal services contracts.
(Item No. 8)
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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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1019-08/09
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Sheriff
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$200,000
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Will provide timely transportation of prisoners throughout California and the United States, pursuant to court orders or lawful arrest warrants. Transportation could possibly include required overnight lodging of the prisoners.
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Annual
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06/30/10
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1020-08/09
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Sheriff
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$800,000
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Will provide electronic home detention/monitoring services for inmates who qualify for home detention as an alternative jail incarceration.
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Annual
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06/30/10
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4158-08/09
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Airport Commission
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$375,000
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Will provide ongoing representation of the Airport before the California State Legislature and Executive Administration to identify and advocate for or against legislation and regulatory matters that impact the Airport.
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Regular
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06/30/14
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4159-08/09
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Arts Commission
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$100,000
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Will provide four to five professional artists or artist teams to create a temporary public art project that includes a rotating poster series with auxiliary public programming for the Arts Commission’s Art on Market Street Program.
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Regular
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12/20/10
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4160-08/09
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Fire Department
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$223,491
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Will provide proprietary preventive and corrective maintenance and repair services for the Fire Trainer T-1000 Fire Simulator.
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Regular
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06/30/12
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4161-08/09
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Public Utilities Commission
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$3,000,000
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Will provide preliminary engineering design and cost estimates with additional environmental and permitting support services for a Newark to San Francisco submarine High Voltage Direct Current (HVDC) power cable.
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Regular
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07/15/12
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4162-08/09
Postpone to 7/6/09
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Public Utilities Commission
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$9,000,000
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Will provide specialized and technical as-needed services in the areas of water supply, storage, and transport services; water quality services; water treatment services; watershed management services; and enterprise operations and mgmt. Services.
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Regular
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09/01/14
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4163-08/09
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Emergency Management
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$250,000
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Will provide services, including project management and installation services for the procurement and installation of microwave communications equipment to finish the partially constructed system for the Bay Area Regional Interoperable Communication System.
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Regular
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06/30/12
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4164-08/09
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Public Health
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$4,500,000
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Will provide custom fitting, modifications, and custom manufacturing of orthotics and prosthetics for patients of San Francisco General Hospital, Laguna Honda Hospital, Jail Health Services, and other clients of the Community Health network.
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Regular
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06/30/18
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4165-08/09
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Public Works
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$1,000,000
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Will provide services necessary to provide a turnkey solution for the receipt, warehousing, delivery, placement and installation of Furniture, Fixtures and Equipment (FF&E) in the newly constructed Laguna Honda Hospital buildings.
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Regular
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01/01/11
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4073-05/06
Postpone to 7/6/09
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Controller
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Increase Amount
$3,000,000
New Amount
$7,500,000
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Will perform specialized audit, analytical and technical assistance consulting and training services to maximize the effectiveness of the Controller’s Office City Services Auditor function.
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Modi-
fication
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06/30/13
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4123-05/06
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Human Resources
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Increase Amount
$133,000
New Amount
$383,000
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Will provide comprehensive unemployment insurance claims administration services, including unemployment claims processing, claims appeals, representation at Unemployment Insurance Appeals Hearings, audits of billing statements, and records maintenance.
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Modi-
fication
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06/30/11
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4098-02/03
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Public Utilities Commission
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Increase Amount
$10,100,000
New Amount
$24,000,000
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Will provide alternatives to repair the existing Calaveras Dam, or replace the dam with a dam of equal or enlarged storage capacity. Provide additional design, environmental and permitting services.
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Modi-
fication
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09/11/16
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4113-08/09
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Public Health
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Increase Amount
$0
New Amount
$22,000,000
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Will provide health, dental and vision insurance through a publicly funded health insurance program to children and young adults who live in the City and County of San Francisco. Modification to correct PSC duration.
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Modi-
fication
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06/30/12
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Speakers:
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Maureen Gannon and Chief Deputy Al Waters, Sheriff’s Department spoke on PSC #1020-08/09.
David Scott and James Hendry, Public Utilities Commission spoke on PSC #4161-08/09.
Neal Taniguchi, Department of Emergency Management spoke on PSC #4163-08/09.
Esther Reyes and Peg Stevenson, Office of the Controller spoke on PSC #4073-05/06.
Marie de Vera, Department of Human Resources spoke on PSC #4123-05/06.
Pauson Yun and Daniel Wade, Public Utilities Commission spoke on PSC #4098-02/03.
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Action:
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- Postpone PSC #4162-08/09 to the meeting of July 6, 2009 at the request of the Public Utilities Commission.
(Vote of 4 to 0)
- (2) Postpone PSC #4073-05/06 to the meeting of July 6, 2009. The Office of the Controller to provide correct classes that normally perform the work (3B). (Vote of 4 to 0)
- (3) Adopt the Human Resources Director’s report on all remaining contracts. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)
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0381-07-6
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Appeal by Chris Matal Sol of the Human Resources Director’s determination of insufficient evidence to support his claim of denial of reasonable accommodation and retaliation. (Item No. 9)
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September 17, 2007:
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Postpone to a meeting when the department notifies the Executive Officer that all parties are available and when calendared, will be the first item on the Regular calendar.
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Speakers:
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None.
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Action:
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Appeal withdrawn by Douglas Prutton, Attorney on behalf of Chris Matal Sol. (Vote of 4 to 0)
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0472-05-6
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Appeal by Diane Cirrincione of the Human Resources Director’s determination of insufficient evidence to sustain a complaint of discrimination and related issues.
(Item No. 10)
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Speakers:
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Samuel Schindler, Department of Human Resources
Diane Cirrincione, Appellant
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Action:
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Ms. Diane Cirrincione’s appeal is denied as moot due to her requested relief having been obtained. (Vote of 4 to 0)
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Note:
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Commissioner Casper stated the reason for his vote is, in his view, the evidence presented by Ms. Cirrincione has raised an inference of hiring and promotion in the Office of the Assessor/Recorder during the relevant time period on the basis of political affiliation, which practice is prohibited. He agrees with his colleagues that the matter should be dismissed as moot since all requested relief has been obtained.
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0488-07-6
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Appeal by Zainabu Anderson of the Human Resources Director’s decision to administratively close her complaint of discrimination. (Item No. 11)
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Speakers:
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Samuel Schindler, Department of Human Resources
Zainabu Anderson, Appellant
Jan Dempsey, Undersheriff
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Action:
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Adopt the report. Sustain the decision of the Human Resources Director; deny the appeal of allegation #1 as Ms. Anderson did not file an appeal of the closure of EEO File #1268 and of allegations #s 2 and 3 for lack of sufficient evidence.
(Vote of 4 to 0)
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Note:
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The Commission suggested that the Sheriff’s Department give a reasonable explanation to the appellant as to why her request for transfer continues to be denied.
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0065-09-7
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Request for hearing by Antoine Oliver on his future employment restrictions as a permanent civil service Library Page (Job Code 3602) with the San Francisco Public Library. (Item No. 12)
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Speakers:
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Mark Vandiver, San Francisco Public Library
Antoine Oliver, Appellant
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Action:
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No future employment with the San Francisco Public Library. (Vote of 2 to 1; Commissioner Boatwright dissents.) Continue to the meeting of July 6, 2009. (Three (3) votes are needed for Commission action.)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION (Item No. 13)
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None.
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 14)
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Commissioner Casper requested that the Commission examine two subsets of provisional appointments. One being limited tenure appointments and the other non-civil service appointments. The definitions of these types of provisional appointments are found in Section 102.1.5 of Civil Service Commission Rules. These appointment types are further explained in Sections 114.6 with respect to non-civil service and 114.7 with respect to limited tenure appointments. There is further allusion given these appointment types in Article II of Rule 114 with respect to limited tenure appointments and Article III of 114 with respect to non-civil service appointments.
From the recent Workforce Utilization Reports presented by the Department of Human Resources and the Municipal Transportation Agency (MTA), there appears to be less than a dozen employees citywide, including the MTA which have these types of appointments.
Furthermore, there is an apparent conflict within Civil Service Rules between Sections 114.6 and 114.7 on the one hand, and Article II of Rule 114 and Article III of Rule 114. For example, Article II of Section 114 describes limited tenure appointments as being authorized only in time of war or national emergency. That limitation does not exist in Section 114.7 or in the definition contained in Section 102.1.5.
Also, reference is made to a letter of agreement and compliance agreement entered into by the City and the State Personnel Board and several employee unions in April 1983. These appointments may exist perhaps only in the context of that Letter of Agreement between the City and unions and the Compliance Agreement between the City and State Personnel Board.
There being less than a dozen employees with these appointments, perhaps we should consider sunsetting these appointment types because they are subsets of provisional appointments. We should investigate why they exist, who specifically has the appointments and why they have such appointments.
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ADJOURNMENT (Item No. 15)
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5:35 p.m.
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