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MINUTES
Regular Meeting
March 19, 2007
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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2:04 p.m.
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ROLL CALL
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President Thomas T. Ng
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Present
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Vice President, Alicia D. Becerril
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Present
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Commissioner Donald A. Casper
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Present
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Commissioner Morgan R. Gorrono
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Present
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Commissioner Yu-Yee Wu
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Present
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President Thomas Ng presided.
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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Michael DeLane, San Francisco Fire Department offered condolences to Commissioner Casper in the passing of his father, former Fire Chief Andrew Casper.
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APPROVAL OF MINUTES
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Regular Meeting of March 5, 2007
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Note:
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Commissioner Wu recused from voting. (Vote of 5 to 0)
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Action:
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Approve. (Vote of 4 to 1)
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0138-07-8
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Review of request for approval of proposed personal services contracts.
(Item No. 5)
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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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4113-06/07
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Department of Human Resources
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$7,500,000
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Will provide services for identification, acquisition, and implementation of human resources and attendance, payroll, and benefit administration software for City Department.
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Regular
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06/30/10
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4114-06/07
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Department of Tele-
communications and Information Services
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$200,000
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Will provide pick-up, transport, store and return of computer backup tapes from the City’s Datacenter at Market Plaza. Store the tapes at contractor’s storage facilities in the Sacramento area and in Colorado.
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Regular
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12/31/09
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4127-06/07
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Public Works
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$1,500,000
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Will provide specialized, critical, and urgent project control tasks that include cost estimating, scheduling and claim analysis for various types of complex and unique public works projects in the form of third party peer reviews to validate these tasks.
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Regular
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04/30/10
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March 5, 2007:
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(1) Postpone PSC #4113-06/07 to the meeting of March 19, 2007 at the request of the Department of Human Resources.
(2) Postpone PSC #4114-06/07 to the meeting of March 19, 2007 at the request of the Department of Telecommunications and Information Services.
(3) Postpone PSC #4127-06/07 to the meeting of March 19, 2007 at the request of IFPTE Local 21 and the Department of Public Works.
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Speakers:
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Patti Martin and Linda Lee, Department of Human Resources and Charles Thompson, Department of Telecommunications & Information Services spoke on PSC #4113-06/07.
Nancy Hastings, Department of Telecommunications & Information Services spoke on PSC #4114-06/07.
James Chia, Department of Public Works and Farbod Pirouzmand, IFPTE Local 21 spoke on PSC #4127-06/07.
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Action:
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Adopt the Human Resources Director’s report on PSC #4127-06/07 on the condition that the Department of Public Works report to the Commission bi-annually on the use of civil service personnel and progress of the Bureau of Construction Management to create a cost estimate unit. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
Adopt the Human Resources Director’s report on PSC #4113-06/07 and 4114-06/07. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
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0169-07-8
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Review of request for approval of proposed personal services contracts.
(Item No. 6)
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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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4129-06/07
Withdrawn
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Airport Commission
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$525,000
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Will provide conversion of Chiller to Non-Ozone-Depleting Refrigerant & As-Needed Repairs.
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Regular
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12/31/07
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4106-03/04
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Public Utilities Commission
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Increase Amount
$625,000
New Amount
$1,000,000
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Will perform professional engineering work in the field of water treatment and operations at the Harry Tracy Water Treatment Plant (HTWTP). Work will include design, construction support, and the performance testing phase.
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Regular
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04/01/10
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4064-05/06
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Public Works
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Increase Amount
$1,025,000
New Amount
$1,625,000
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Will provide expert specialized support to City staff for the development of a Justice Facilities Improvement Program to improve or replace the SF Hall of Justice.
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Regular
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08/01/09
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Speakers:
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Pauson Yun and Calvin Huey, Public Utilities Commission spoke on PSC #4106-03/04.
Mark Dorian, Department of Public Works spoke on
PSC #4064-05/06.
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Action:
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PSC #4129-06/07 withdrawn at the request of the Airport Commission. (Vote of 5 to 0)
Adopt the Human Resources Director’s report on PSC #4106-03/04 and PSC #4064-05/06. Notify the offices of the Controller and the Purchaser. (Vote of 5 to 0)
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0150-07-4
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Request by the Lawyers’ Committee for Civil Rights of the San Francisco Bay Area (“Lawyers’ Committee”) to stay promotions at the San Francisco Fire Department in Class H – 30 Captain in order to investigate allegations of irregularities in the examination process, administration and scoring that violates Civil Service Commission Rules. (Item No. 7)
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Speakers:
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Diana Tate, Lawyers’ Committee for Civil Rights
Kevin Smith, San Francisco Black Firefighters Association
Bruce Topp, Department of Human Resources
John Hanley, President Firefighters Local 798
Mike DeLane, San Francisco Black Firefighters Association
Gideon Price, H – 2 Firefighter
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Action:
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Postpone to the meeting of May 7, 2007 after 5:00 p.m. The Commission directed the Department of Human Resources to provide the Commission its responses to all H – 30 Captain exam protests, for the Black Firefighters Association to provide supporting documents that substantiate their allegations and that the Department of Human Resources refrain from making decisions on promotions until this matter is heard by the Civil Service Commission. (Vote of 3 to 2; Commissioners Becerril and Casper dissent.)
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0140-07-4
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Appeal by Alvin Johnson of the Position Based Testing job announcement for Customer Service Manager (PBT-0932-053385) and Project Director (1070JUS6). (Item No. 8)
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Speakers:
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Karen Taylor, Department of Human Resources
Alvin Johnson, Appellant
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Action:
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Deny the appeal by Alvin Johnson based on untimeliness.
(Vote of 5 to 0)
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0162-07-4
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Appeal by Alvin Johnson of the Position Based Testing job announcement for Network Architect (PBT-0933-053426). (Item No. 9)
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Speakers:
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Karen Taylor, Department of Human Resources
John Marquez, Department of Telecommunications & Information Services
Alvin Johnson, Appellant
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Action:
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Deny the appeal by Alvin Johnson as the Department of Human Resources and Department of Telecommunications and Information Services demonstrated the need for the job requirement. (Vote of 5 to 0)
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0288-06-6
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Appeal by James Wachob of the Human Resources Director’s finding of insufficient evidence to sustain a charge of disparate treatment and discrimination. (Item No. 10)
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October 16, 2006:
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Postpone to the meeting of December 4, 2006 at the request of IFPTE Local 21.
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December 4, 2006:
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Postpone to the meeting of December 18, 2006 at the request of the Municipal Transportation Agency.
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December 18, 2006:
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Postpone to the meeting of January 16, 2007. The Commission requested that the Municipal Transportation Agency submit
information on all laid off employees regarding classification, pay scale, age, years in class, etc.
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January 16, 2007:
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Postpone to the meeting of February 5, 2007 at the request of IFPTE Local 21.
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February 5, 2007:
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Adopt the report. Sustain the decision of the Human Resources Director; deny the appeal by James Wachob. (Vote of 2 to 1; Commissioner Becerril dissents) Postpone to the meeting of February 20, 2007.
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February 20, 2007:
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Postpone to the meeting of March 19, 2007. The Commission directed the Municipal Transportation Agency to submit additional information to include: 1) information on all laid off employees regarding classification, pay scale, age, years in class, etc.; 2) the percentage of all employees who were adversely affected by the decision to conduct lay-offs or displacements and what percentage of these were over 40 out of the 128; 3) what percentage of all MTA employees were adversely affected by this lay-off decision and what percentage were over 40; 4) Clericals - how many received equivalent pay and the age breakdown; 5) Professionals – how many received equivalent pay and the age breakdown; and 6) the Executive Officer to oversee the information gathering. (Vote of 3 to 2; Commissioners Casper and Becerril dissent.)
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Speakers:
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Kerry Ko, Department of Human Resources
Kim Holman, Municipal Transportation Agency
Pam Covington, IFPTE Local 21
Jim Wachob, Appellant
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Action:
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Adopt the report. Sustain the decision of the Human Resources
Director; deny the appeal by James Wachob. (Vote of 4 to 1; Commissioner Becerril dissents.)
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0835-06-6
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Appeal by Linda Migliore of the Human Resources Director’s finding of insufficient evidence to sustain the charge of discrimination. (Item No. 11)
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Speakers:
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None.
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Action:
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Postpone to the meeting of April 16, 2007 at the request of Matthew Ming, Attorney. (Vote of 5 to 0)
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0822-06-6
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Appeal by Alfred Yee-Pun Lam of the Human Resources Director’s decision to deny complaint of discrimination. (Item No. 12)
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Speakers:
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None.
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Action:
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Postpone to the meeting of April 16, 2007 at the request of Alfred Lam. (Vote of 5 to 0)
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0717-06-6
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Appeal by Gregory Martin of the Human Resources Director’s decision to administratively close his EEO complaint. (Item No. 13)
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Speakers:
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None.
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Action:
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Postpone to the meeting of April 2, 2007 at the request of Gregory Martin. (Vote of 5 to 0)
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0744-06-7
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Determination of future employability: provisional appointment of David Rollins, Cement Mason (Job Code 7311) Department of Public Works. (Item No. 14)
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February 5, 2007:
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Postpone to the meeting of March 5, 2007 at the request of the Cement Masons Local Union 300.
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March 5, 2007:
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Postpone to the meeting of March 19, 2007 at the request of the Cement Masons Local Union 300.
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Speakers:
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Tammy Wong, Department of Public Works
Paul Sacamano, Department of Public Works
Conchita Lozano-Batista, Cement Masons Local 300
David Rollins, Appellant
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Action:
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No future employment with the Department of Public Works. (Vote of 4 to 1; Commissioner Casper dissents.)
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HUMAN RESOURCES DIRECTOR’S ANNOUNCEMENTS
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General Update of the Department of Human Resources Activities and Issues. (Item No. 15)
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Acting Human Resources Director Ted Yamasaki announced that he will be leaving the City to pursue his career as Human Resources Director at California State University, San Francisco. He thanked the Commission for their support throughout the years. The Commission extended congratulatory words and wished Mr. Yamasaki well.
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EXECUTIVE OFFICER’S REPORT
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0841-06-1
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Filling the vacancy of the position of Human Resources Director – Personnel Matter. (Item No. 16)
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A)
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Public Comment on all matters pertaining to the Agenda item and the potential closed session. None.
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B)
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Vote on whether to hold closed session pursuant to San Francisco Administrative Code Section 67.10 (b) and California Government Code Section 54957 (b) (1) - Public Employee Appointment – Human Resources Director. (Action Item)
The Commission voted to hold a closed session. (Vote of 5 to 0)
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Closed session convened at 6:38p.m. with the following present:
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President Thomas Ng
Vice President Alicia Becerril
Commissioner Donald Casper
Commissioner Morgan Gorrono
Commissioner Yu-Yee Wu
Kate Favetti, Executive Officer
Paul Zarefsky, Deputy City Attorney
Anita Sanchez, Assistant Executive Officer
Gloria Sheppard, Civil Service Commission
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1)
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PERSONNEL MATTER - Public Employee Appointment – Human Resources Director (Discussion and Possible Action Item)
California Government Code Section 54957 (b) (1) and San Francisco Administrative Code Section 67.10 (b)
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Closed session ended at 6:55p.m.
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C)
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Reconvened in open session at 6:55p.m.:
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1)
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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). (Action Item)
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2)
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Disclosure of action taken in closed session pursuant to California Government Code Section 54957.1 (a) (5) and San Francisco Administrative Code Section 67.12(b) (4).
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The Commission voted to disclose that the announcement would be reissued in order to insure that all qualified applicants have the opportunity to apply. (Vote of 5 to 0)
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January 2, 2007:
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Accept the report.
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February 20, 2007:
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Accept the report.
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March 5, 2007:
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Postpone to the meeting of March 19, 2007.
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Action:
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Amend and reissue the Human Resources Director’s job announcement. (Vote 5 to 0)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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None.
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
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None.
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ADJOURNMENT
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6:56 p.m.
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