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Minutes of Special Meeting
Monday, July 15, 2002
5:00 p. m.
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I.
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The Special Meeting convened at 5:12 p.m.
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Present:
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Commissioner Donald A. Casper
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Commissioner Morgan R. Gorrono
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Commissioner Adrienne Pon
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Commissioner Linda Richardson
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Commissioner Rosabella Safont
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Commissioner Casper presided.
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II.
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Public comment on all matters appearing on the Special Meeting Agenda Session.
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1.
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Espanola Jackson
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2.
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Charlie Walker
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3.
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Frederick Hobson
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4.
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Peter Fries
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5.
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Walter Johnson, SF Labor Council
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6.
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Francisco Da Casto
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7.
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Rev. Amos Brown
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8.
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Christopher Bowman
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9.
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James Bell, on behalf of Toye Moses, African American Democratic Club
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10.
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Maria Martinez
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11.
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Rev. Arnold Townsend
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Andre Spearman
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13.
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Theresa Sparks, Alice B. Toklas Democratic Club
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14.
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Helynna Brooke
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15.
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Ossie Norris, Member Third Baptist Church
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16.
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David Rogers
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17.
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Minerva Dunn
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18.
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John Haygood, Tammy Haygood’s older brother
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19.
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Eddie Dobbins
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20.
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Cedric Jackson, Pres. Black Leadership Forum
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21.
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Deirdre Burrell
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22.
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Maggie Scott
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23.
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Kenton Hoover
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24.
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Carmen Johnson
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25.
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Tom Schulz, Member of the Election Commission speaking as an individual
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26.
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Abraham Williams, Youth Counselor
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27.
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Peter Cohn, Counsel SFNAACP
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28.
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Nathaniel Mason, SFNAACP President yielded his time to Peter Cohn
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III.
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Request by the Elections Commission that Commissioner Linda Richardson recuse herself from voting in the matter of the appeal of Tammy Haygood of the action of the Elections Commission to terminate her employment as Director of Elections. Discussion/Possible Action Item. (File No. 0553-02-7)
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Speakers:
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Stephen Mayer, Attorney for Elections Commission
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Vernon Grigg III, Attorney for Tammy Haygood
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Commissioner Linda Richardson
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Action:
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Deny the request of the Elections Commission and the matter is closed. (Vote of 5 to 0)
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IV.
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Appeal of Tammy Haygood of the action of the Elections Commission to terminate her employment as Director of Elections. Action Item. (File No. 0365-02-7)
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May 20, 2002:
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1) Changed the title of the appeal to: "Appeal of Tammy Haygood of the action of the Elections Commission to terminate her employment as Class 1128, Director of Elections."
2) Identified the parties to the appeal as Tammy Haygood and the Elections Commission.
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3) Adopted the Proposed Draft of Hearing Procedures with minor changes to ensure that the process is fair, clear and accessible to the public in keeping with Civil Service Commission established procedures.
4) Scheduled a hearing on June 17, 2002 at 6:00 p.m. in City Hall, Room 400 to determine Civil Service Commission jurisdiction.
5) Extended submission of written materials by 5:00 p.m. of June 3, 2002 at the Civil Service Commission offices. (Vote of 5 to 0)
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June 17, 2002:
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The Civil Service Commission will proceed with this hearing and take jurisdiction of hearing this case on Tammy Haygood.
(Vote of 5 to 0)
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June 24, 2002:
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1) Scheduled a hearing Monday, July 15, 2002 at 5:00 p.m. in City Hall, Room 400 to hear the appeal of Tammy Haygood
2) Adopted the Draft Proposed Amendments to the Hearing Procedures approved by the Civil Service Commission on May 20, 2002 with changes.
3) Changed the submission of materials from fourteen (14) calendar days to seven (7) calendar days by 11:00 a.m. at the Civil Service Commission offices.
4) Changed the time of delivery of the meeting files to the Commissioners, etc. from 12:00 noon to 5:00 p.m.
5a) Directed the Executive Officer to request from the Elections Commission all materials and documents concerning the termination of Tammy Haygood, including performance appraisals that were considered by the Elections Commission. The items must be received by the Executive Officer at the Civil Service Commission office by 10:00 a.m. on Monday, July 1, 2002.
5b) If the request is not honored, the Commission authorized the Executive Officer to issue subpoenas forthwith under the seal of the Civil Service Commission.
6a) Directed the Executive Officer to request from the Elections Commission, the Elections Commission Minutes of its closed and open session meeting of April 22, 2002.
6b) If the request is not honored, the Commission authorized the Executive Officer to issue subpoenas forthwith under the seal of the Civil Service Commission.
7a) Directed the Executive Officer to request from the Elections Commission, the tapes of its closed session meeting of April 22, 2002.
7b) If the request is not honored, the Commission authorized the Executive Officer to issue subpoenas forthwith under the seal of the Civil Service Commission. (Vote of 5 to 0)
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Speakers:
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Vernon Grigg III, Attorney for Ms. Tammy Haygood
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Stephen Mayer, Attorney for the Elections Commission
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Action:
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Ms. Tammy Haygood has appealed her termination as Director of Elections by the Elections Commission to the Civil Service Commission pursuant to Section 13.104 of the San Francisco City Charter. Having reviewed the record available to it, and considered the written and oral presentations of the parties, Ms. Haygood and the San Francisco Elections Commission, the Civil Service Commission hereby makes the following order:
1) Ms. Haygood was not a probationary employee;
2) The Elections Commission failed to provide Ms. Haygood with written charges prior to holding a hearing on her termination.
3) The Elections Commission failed to provide a hearing on Ms. Haygood’s termination at which written charges for her termination were considered.
4) The Elections Commission did not have cause for removing Ms. Haygood from her position as Director of Elections.
5) The appeal by Ms. Haygood of her termination by the San Francisco Elections Commission is granted.
6) By virtue of granting the appeal, Ms. Haygood is restored to her position of Director of Elections effective immediately;
7) Ms. Haygood is to receive backpay from the date of her termination through July 15, 2002, less any interim earnings.
8) Ms. Haygood is to be repaid any out of pocket medical expenses which were incurred from the date of her termination through July 15, 2002 that would have been covered had she continue in the employment of the City and County of San Francisco as the Director of Elections.
(Vote of 5-0)
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V.
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Request by Tammy Haygood for reinstatement to her position as Director of Elections pending the outcome of the appeal. Action Item. (File No. 0537-02-7)
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July 1, 2002
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The Civil Service Commission directed the Executive Officer to include this item for action on the July 15, 2002 agenda of the Hearing of the Appeal of Tammy Haygood. (Vote of 5 to 0)
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Action:
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By the Commission’s action in Item No. IV, Ms Haygood is restored to her position of Director of Elections effective immediately. (Vote of 5 to 0)
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VI.
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Job Announcement for Director of Elections issued June 21, 2002 by the Department of Human Resources. Action Item. (File No. 0536-02-1).
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July 1, 2002:
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The Civil Service Commission acted to direct the Executive Officer to place on agenda for action of the scheduled meeting of July 15, 2002 Hearing of the Appeal of Tammy Haygood.
(Vote of 5 to 0)
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Speakers:
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Joe Quinn, Attorney for the Elections Commission
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Action:
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The Commission directed the Executive Officer to place the item for action on its next regular meeting of August 5, 2002.
(Vote of 5 to 0)
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VII.
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General Public Comment on Any Matter Within the Subject Matter Jurisdiction of the Civil Service Commission.
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Andre Spearman
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Frederick Hobson
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Lula Jackson
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Tammy Haygood
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VIII.
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Adjournment.
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9:52 p.m.
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