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Minutes of Special Meeting
Monday, June 24, 2002
6:00 p. m.
I. The Special Meeting was called to order at 6:10 p.m.
Present: Commissioner Donald A. Casper
Commissioner Morgan R. Gorrono
Commissioner Adrienne Pon (excused at 9:15 p.m.)
Commissioner Linda Richardson
Commissioner Rosabella Safont
Commissioner Casper presided.
II. Public comment on all matters appearing on the Special Meeting Agenda Session.
Peter Cohn, Counsel for San Francisco NAACP
Gregg Richardson, Member, San Francisco Baptist Minister Council
Frederick Hobson, District 6 Democrats
Dr. Arelious Walker, Pastor, True Hope Church
James Bryant, A. Philip Randolph and San Francisco Labor Council
Shelley Bradford Bell, Black Leadership Forum
Andre Spearman, SEIU, Local 790
Mary Rogers
III. Hearing to establish procedures and timelines for the Civil Service Commission hearing on the appeal of Tammy Haygood of the action of the Elections Commission to terminate her employment as Class 1128, Director of Elections. (File No. 0365-02-7)
SPEAKERS: Vernon Grigg, Attorney representing Tammy Haygood
Burk Delventhal, Deputy City Attorney representing the Elections Commission
Peter Cohn, Counsel for San Francisco NAACP
COMMENTS: 1) The Civil Service Commission wants to make clear that this proceeding and its actions in this matter apply only to the Director of Elections, as provided for in Charter Section 13.104.
2) Further, that this proceeding and the Commission’s actions in this matter does not apply to any other position either exempt or covered by civil service.
Actions: 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. (Approved Procedures of June 24, 2002 attached)
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.
IV. General Public Comment on Any Matter Within the Subject Matter Jurisdiction of the Civil Service Commission.
Commissioner Linda Richardson spoke on the letter to the Commission from Vernon Grigg, attorney for Tammy Haygood requesting that Ms. Haygood be reinstated to her position and the June 21, 2002 job announcement for Director of Elections issued by the Department of Human Resources.
Action: Commission President Donald A. Casper directed the Executive Officer to calendar the two items for the Commission meeting of July 1, 2002. (Vote of 4-0; Commissioner Pon missed vote)
V. Adjournment.
Hearing Procedures
On the appeal of Tammy Haygood of the action of the Elections Commission to terminate her employment as Director of Elections
(File No. 0365-02-7)
A. General Instructions
It is the policy of the Civil Service Commission that all items appearing on its agenda be supported by written materials which shall be available for inspection and copying at the Civil Service Commission office, 25 Van Ness, Suite 720, San Francisco, CA 94102.
B. Written Submissions
Written materials, documentation and exhibits must be submitted in accordance with the timelines established by the Civil Service Commission, in order to be considered by the Civil Service Commission.
By 11:00 a.m. seven (7) calendar days prior to the hearing, the parties shall submit to the Civil Service Department: (1) an original written submission, (2) twelve (12) complete copies and (3) proof of delivery of a copy to the other party(ies) seven (7) days prior to the hearing. The written submissions shall include the summary of evidence, argument, and all exhibits. In addition, each party must state specifically the action sought.
The written materials shall conform to the following listed criteria:
· Documents must be typed;
· 8 ½ inch x 11 inch white paper;
· 3-hole punch all documents on the left margin;
· Number each page on the right lower hand corner of every page starting with "page 1 of ___ pages" through the Summary and consecutively through each page of each exhibit;
· Indicate the name of the person submitting the document and on whose behalf on the upper right hand corner of each page;
· Indicate Civil Service Commission file number (0365-02-7) on the upper left of each page;
· List exhibits by title, date, and source. Place the list in front of the exhibits. All exhibits must be included with the written submission.
All written materials submitted shall become part of the public record and shall be open for public inspection unless the Civil Service Commission authorizes a closed session in accordance with the Brown Act, the Sunshine Ordinance and all applicable laws.
Materials submitted by members of the public will be provided to the parties and the Commission in as timely a manner as possible.
C. Summary of Evidence and Argument
The written submission shall include a summary of evidence, argument, all exhibits and must specifically state the action sought.
D. Lists of Exhibits
List exhibits by title, date, and source. Place the list in front of the exhibits. All exhibits must be included with the written submission.
E. Timeline
By 11:00 a.m. seven (7) calendar days prior to the hearing, the parties shall submit to the Civil Service Department: (1) an original written submission, (2) twelve (12) complete copies and (3) proof of delivery of a copy to the other party(ies) seven (7) days prior to the hearing.
F. The Record
Charter Section 13.104 states in part: "On appeal, the Civil Service Commission shall be limited to consideration of the record before the Elections Commission; however, the Civil Service Commission may independently evaluate and weigh evidence and may in its discretion consider evidence proffered to the Elections Commission that the Commission excluded and may in its discretion exclude evidence that the Elections Commission considered."
Charter Section 10.101 states in part: "In any hearing conducted by the Commission or by any hearing officer it appoints pursuant to this section, the Commission or the hearing officer shall have the power to subpoena and require the attendance of witnesses and the production of records."
a) Determination of the record.
b) Request for the record:
1) Voluntary compliance
2) Subpoena
G. Hearing
In order for the hearing process to be administered in an effective manner, the Civil Service Commission will ask questions necessary to focus the issues or to clarify testimony. The order of hearing will proceed as follows:
a) Civil Service Commission opening remarks (5 minutes)
b) Opening summary of case by each party (10 minutes - each party)
c) Discussion of evidence by each party (10 minutes - each party)
d) Rebuttal statement by each party (10 minutes - each party)
e) Questions by Civil Service Commissioners
f) Closing statement by each party (10 minutes - each party)
g) Public comment
h) Commission action
The Civil Service Commission shall entertain written requests for postponements. Postponements may be granted only under extraordinary circumstances demonstrating good cause. A change in the hearing date will not alter the original date for the submission of written materials.
H. Notice of Action
Notice of action taken by the Civil Service Commission shall be distributed in accordance with Civil Service Commission procedures.
Suggested Timeline
for Receipt of written materials and delivery to Civil Service Commissioners
Calendar Days Preceding the Commission Hearing
|
Time
|
Deadline Description
|
14 7 Days
|
11:00 a.m.
|
Receipt of original and twelve (12) copies of written materials/briefs in the Civil Service Commission office and proof of delivery
|
No later than 7 Days
|
Noon
5:00 p.m.
|
Deliver meeting files to Commissioners, Commission Legal Counsel and Executive Officer
|
|
|
Hearing of Appeal
|
Calendar of Hearing on the Appeal of Tammy Haygood of the Action of the Elections Commission to Terminate her Employment as Director of Elections
(Scheduled at June 24, 2002 Civil Service Commission meeting)
Monday, July 15, 2002 - 5:00 p.m.
Room 400, City Hall
1 Dr. Carlton B. Goodlett Place
Calendar Days Preceding the Commission Hearing
|
Time
|
Deadline Description
|
July 8, 2002
|
11:00 a.m
|
Receipt of original and twelve (12) copies of written materials/briefs in the Civil Service Commission office and proof of delivery
|
No later than
July 8, 2002
|
5:00 p.m.
|
Deliver meeting files to Commissioners, Commission Legal Counsel and Executive Officer
|
July 15, 2002
|
5:00 p.m.
|
Hearing on the Appeal of Tammy Haygood
|