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Amended

 

Minutes of Special Meeting

 

Friday, January 16, 2009

 

1:00 p.m.

 

I.

The Special Meeting was called to order at 1:20 p.m.

 

 

 

Present:

President Donald A. Casper

 

 

Vice President Morgan R. Gorrono

 

 

Commissioner Mary Y. Jung

 

 

 

Not Present:

Commissioner Joy Y. Boatwright (Notified absence)

 

 

Commissioner E. Dennis Normandy (Notified absence)

 

 

 

President Donald A. Casper presided.

 

 

II.

Public Comment on all matters appearing on the Special Meeting Agenda Session.

 

 

 

None.

 

 

III.

Challenge to Classification Decision Relating to Q-50 Sergeant Appointments and Assignments Made in August 2007: (1) Decision Whether Assignment to Sergeants of Work Traditionally Performed by Q-35 Assistant Inspectors and 0380 Inspectors as Described in the Class Specifications for those Ranks was Proper under Civil Service Commission Rules; (2) If Not, Decision as to the Appropriate Remedies.(File No. 0268-08-1 ) ACTION ITEM

 

Continuation of Hearing of Appeals from Q-35 Assistant Inspector Eligibles on List ID 21055 Challenging the Classification Decision and the Q-50 Sergeant Appointments and Assignments and the Failure to Appoint Appellants to Q-35 Assistant Inspector. (File No. 0268-08-1 ) ACTION ITEM

 

 

 

Speakers:

Michelle Rodriguez, Public Advocates

 

 

 

 

 

Julian Hill, Officers for Justice

 

 

 

 

 

Elizabeth Salveson, Deputy City Attorney

 

 

 

 

 

David Shinn, Deputy Chief – Investigations Bureau, SFPD

 

 

 

 

 

Bruce Topp, Department of Human Resources

 

 

 

 

 

John Affeldt, Public Advocates

 

 

 

 

 

John Kraus, Department of Human Resources

 

 

 

 

 

Alice Villagomez, Human Resources Director, SFPD

 

 

 

 

 

Michael Lewis, Appellant

 

 

 

IV.

Vote on whether to assert the attorney – client privilege and hold closed session to confer with legal counsel pursuant to San Francisco Administrative Code Section 67.10 (d) (2) and California Government Code Section 54956.9 (b) – Conference with Legal Counsel – Anticipated Litigation.   (Action Item)

 

 

 

Action:

The Commission voted to conduct a closed session.
(Vote of 3 to 0)

 

 

 

Closed Session started at 4:26 p.m. in City Hall, Room 416 and the following were present:

 

 

 

President Donald A. Casper

 

Vice President Morgan R. Gorrono

 

Mary Y. Jung, Commissioner

 

Anita Sanchez, Executive Officer, CSC

 

Paul Zarefsky, Deputy City Attorney

 

Sandra Eng, Assistant Executive Officer, CSC

 

Lizzette Henríquez, Civil Service Commission

 

 

 

Closed Session ended at 5:30 p.m.

 

 

V.

Reconvened in Open Session at 5:31 p.m.

 

 

 

A)

Vote to elect whether to disclose any or all discussions held in closed session.  (San Francisco Administrative Code Section 67.12(a). (Action Item)

 

 

 

 

Action:

The Commission voted not to disclose any and all discussions held in closed session.  (Vote of 3 to 0)

 

 

 

 

Action:

1) The Commission finds that all appointments made to the rank of Q-50 Sergeant from the eligible list resulting from the Q-50 examination administered in 2006 were and remain valid appointments

 

 

 

 

 

2) The Commission orders the Department of Human Resources to amend the class specification for Q-50 Sergeant in such a way as to make clear that the duties of Q-50 Sergeant extend to full investigative matters pursuant to policies adopted by the Police Department.  The amendment of such specification will be subject to all existing Civil Service Commission Rules regarding appeals from classification actions of the Human Resources Director.

 

 

 

 

 

3) In the interim between the present day and the amendment of the class specification of Q-50 Sergeant, assignments of Q-50 Sergeants to the Investigations Bureau may continue in place.

 

 

 

 

 

4) The Commission orders that until the class specification for Q-50 Sergeant is amended, there be no increase in the number of assignments of Q-50 Sergeants to the Investigations Bureau.

 

 

 

 

 

5) The Commission finds that the assignments of Q-50 Sergeants to work historically and routinely performed by Q-35 Assistant Inspectors and 0380 Inspectors, facially violated Civil Service Commission Rules, and on that basis the Commission orders that a new examination be given.

 

 

 

 

 

6) Pursuant to Section 211.3 of Civil Service Commission Rules, the Commission orders that the Department of Human Resources  hold a hybrid examination for the Q-35/Q-50 ranks as soon as may practicably be done.

 

 

 

 

 

7) Pursuant to Section 211.3 of the Civil Service Commission Rules, the Director of Human Resources is empowered to rule on all matters relating to such hybrid examination, subject to appeal to this Commission when appropriate, as allowed under these Rules.

 

 

 

 

 

8) Until the adoption of an eligible list resulting from such hybrid examination, the Chief of Police may, although is not required to, make appointments to the rank of Q-35 Assistant Inspector from the existing List adopted in November of 1998.

 

 

 

 

 

9) Nothing contained in the foregoing eight provisions should be construed to create a right on the part of eligibles remaining on the November 1998 Q-35 List to be appointed to Q-35 Assistant Inspector.  (Vote of 3 to 0)

 

 

VI.

Adjournment

 

 

 

6:20 p.m.