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A G E N D A

 

Regular Meeting

of

August 17, 2009

 

2:00 p.m.

ROOM 400, CITY HALL

1 Dr. Carlton B. Goodlett Place

 

A request to hear an item after 5:00 p.m. should be directed to the Executive Officer as soon as possible following the receipt of notification of an upcoming hearing.  Requests may be made by telephone at (415) 252-3247 and confirmed in writing or by fax at (415) 252-3260.

 

Order of Business

 

CALL TO ORDER & ROLL CALL
PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
APPROVAL OF MINUTES
ANNOUNCEMENTS
RATIFICATION AGENDA
CONSENT AGENDA
REGULAR AGENDA
SEPARATIONS AGENDA
REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
ADJOURNMENT

 

 

NOTICE OF COMMISSION HEARING POLICIES AND PROCEDURES

 

A.      Commission Office

The Civil Service Commission office is located at, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.  The telephone number is (415) 252-3247.  The fax number is (415) 252-3260 and the web address is www.sfgov.org/civilservice/.  Office hours are from 8:00 a.m. to 5:00 p.m., Monday through Friday.

 

B.      Policy Requiring Written Reports

It is the policy of the Civil Service Commission that except for appeals filed under Civil Service Commission Rule 111A Position-Based Testing, all items appearing on its agenda be supported by a written report prepared by Commission or departmental staff.  All documents referred to in any Agenda Document are posted adjacent to the Agenda, or if more than one (1) page in length, available for public inspection and copying at the Civil Service Commission office.  Reports from City and County personnel supporting agenda items are submitted in accordance with the procedures established by the Executive Officer.  Reports not submitted according to procedures, in the format and quantity required, and by the deadline, will not be calendared.

 

C.      Policy on Written Submissions by Appellants

All written material submitted by appellants to be considered by the Commission in support of an agenda item shall be submitted to the Commission office, no later than 5:00 p.m. on the fourth (4^th) business day preceding the Commission meeting for which the item is calendared (ordinarily, on Tuesday).  An original and nine (9) copies on 8 1/2-inch X 11 inch paper, three-hole punched on left margin, and page numbered in the bottom center margin, shall be provided.  Written material submitted for the Commission’s review becomes part of a public record and shall be open for public inspection.

 

D.      Policy and Procedure for Hearings to be Scheduled after 5:00 p.m. and Requests for Postponement

A request to hear an item after 5:00 p.m. should be directed to the Executive Officer as soon as possible following the receipt of notification of an upcoming hearing.  Requests may be made by telephone at (415) 252-3247 and confirmed in writing or by fax at (415) 252-3260.

A request for a postponement (continuance) to delay an item to another meeting may be directed to the Commission
Executive Officer by telephone or in writing.  Before acting, the Executive Officer may refer certain requests to another City official for recommendation.  Telephone requests must be confirmed in writing prior to the meeting. Immediately following the “Announcement of Changes” portion of the agenda at the beginning of the meeting, the Commission will consider a request for a postponement that has been previously denied.  Appeals filed under Civil Service Commission Rule 111A Position-Based Testing shall be  considered on the date it is calendared for hearing except under extraordinary circumstances and upon mutual agreement between the appellant and the Department of Human Resources.

 

E.       Policy and Procedure on Hearing Items Out of Order

Requests to hear items out of order are to be directed to the Commission President at the beginning of the agenda.  The President will rule on each request.  Such requests may be granted with mutual agreement among the affected parties.

 

F.   Procedure for Commission Hearings

All Commission hearings on disputed matters shall conform to the following procedures: The Commission reserves the right to question each party during its presentation and, in its discretion, to modify any time allocations and requirements.

 

If a matter is severed from the Consent Agenda or the Ratification Agenda, presentation by the opponent will be for a maximum time limit of five (5) minutes and response by the departmental representative for a maximum time limit of five (5) minutes. 

 

For items on the Regular Agenda, presentation by the departmental representative for a maximum time of five (5) minutes and response by the opponent for a maximum time limit of five (5) minutes.

 

For items on the Separations Agenda, presentation by the department followed by the employee or employee’s
representative shall be for a maximum time limit of ten (10) minutes for each party unless extended by the Commission.  Each presentation shall conform to the following:

 

1.        Opening summary of case (brief overview);

2.        Discussion of evidence;

3.        Corroborating witnesses, if necessary; and

4.        Closing remarks.

 

The Commission may allocate five (5) minutes for each side to rebut evidence presented by the other side.

 

G.  Policy on Tape Recording of Commission Meetings

As provided in the San Francisco Sunshine Ordinance, all Commission meetings are tape-recorded.  These tape recordings of open sessions are available for public review starting on the day after the Commission meeting in the Commission office between 8:00 a.m. and 5:00 p.m.

 

H.      Speaking before the Civil Service Commission

Speaker cards are not required.  The Commission will take public comment on all items appearing on the agenda at the beginning of each meeting at the time the item is heard and prior to the Commission taking any action on the item.  The Commission will take public comment on matters not on the Agenda, but within the jurisdiction of the Commission during the “Requests to Speak” portion of the regular meeting.  Maximum time will be three (3) minutes.

 

I.   Policy on use of Cell Phones, Pagers and Similar Sound-Producing Electronic Devices at and During Public Meetings

The ringing and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

 

Information on Disability Access

The Civil Service Commission normally meets in Room 400 (Fourth Floor) City Hall, 1 Dr. Carlton B. Goodlett Place. However, meetings not held in this room are conducted in the Civic Center area.  City Hall is wheelchair accessible.  The closest accessible BART station is the Civic Center, located 2 ½ blocks from City Hall.  Accessible MUNI lines serving City Hall are 47 Van Ness Avenue, 9 San Bruno and 71 Haight/Noriega, as well as the METRO stations at Van Ness and Market and at Civic Center.  For more information about MUNI accessible services, call (415) 923-6142.  Accessible curbside parking has been designated at points in the vicinity of City Hall adjacent to Grove Street and Van Ness Avenue.

 

The following services are available on request 48 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week.  For American Sign Language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact the Commission office to make arrangements for the accommodation.  Late requests will be honored, if possible.

 

Individuals with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities should call our ADA coordinator at (415) 252-3254 or (415) 252-3247 to discuss meeting accessibility.  In order to assist the City’s efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City to accommodate these individuals.

 

Know your Rights under the Sunshine Ordinance (Chapter 67 of the San Francisco Administrative Code)

Government’s duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards,
councils, and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, or to obtain a free copy of the Sunshine Ordinance, contact Frank Darby, Administrator of the Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102-4689 at (415) 554-7724, by fax: (415) 554-7854, by e-mail: sotf@sfgov.org, or on the City’s website at www.sfbos.org/sunshine.

 

San FranciscoLobbyist Ordinance

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code Section 2.100) to
register and report lobbying activity.  For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Ave., Suite 220, San Francisco, CA  94102, telephone (415) 252-3100,
fax (415) 252-3112 and web site http://www.sfgov.org/ethics/.

 

Materials Distributed to Commissioners After Distribution of Agenda Packet

If any materials related to an item on this agenda have been distributed to the Civil Service Commission after distribution of the agenda packet, those materials are available for public inspection at the Civil Service Commission office, 25 Van Ness Avenue, Suite 720 during normal office hours (8:00 a.m. to 5:00 p.m. Monday through Friday).

 

 

 

 

City and County of San Francisco

Civil Service Commission

 

Agenda for Regular Meeting

August 17, 2009

2:00 p.m.

 

ITEM NO.
(1)	CALL TO ORDER AND ROLL CALL
	President Morgan R. Gorrono
	Vice President E. Dennis Normandy
	Commissioner Joy Y. Boatwright
	Commissioner Donald A. Casper
	Commissioner Mary Y. Jung
(2)	PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
(3)	APPROVAL OF MINUTES – Action Item
	Regular Meeting of August 3, 2009
	Recommendation:	Approve.
(4)	ANNOUNCEMENTS
	Announcement of changes to agenda
	Other announcements

 

 

 

RATIFICATION AGENDA

All matters on the Ratification Agenda are considered by the Civil Service Commission to be non-contested and will be acted upon by a single vote of the Commission.  There will be no separate discussion on these items unless a request is made; in which event, the matter shall be removed from the Ratification Agenda and considered as a separate item.  Each individual addressing the Commission will be limited to a maximum time limit of five minutes for all items severed from the Ratification Agenda.   Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.

 

(5)	Review of request for approval of proposed personal services contracts.  (File No. 0267-09-8) – Action Item

 

PSC#	Department	Amount	Type of Service	Type of Approval	Duration
4025-09/10	Airport Commission	$3,500,000	Will provide consulting services to analyze and develop bond feasibility studies, financial and capital planning, air traffic forecasting, rates and charges modeling, and related airport projects.	Regular	08/31/14
4026-09/10	Airport Commission	$1,500,000	Will provide consulting services for concession development; evaluation of Airport’s aesthetic design; analysis of options for hotel development on Airport property retail master programming.	Regular	08/31/14
4027-09/10	Building Inspection	$181,620	Will install, configure, test, and train DBI staff on operating and maintaining a new proprietary Interactive Voice Response (IVR) system that will allow customers to schedule and cancel inspections along with obtaining inspection results.	Regular	10/31/14
4028-09/10	GSA-Fleet Management	$500,000	Will provide car-sharing services to supplement City’s vehicle fleet to make additional vehicles available during peak demands for City employees to use on official City business.	Regular	08/23/12
4029-09/10	Public Health	Increase Amount $21,000 New Amount $70,000	Will provide clinical plastic and reconstructive surgery for residents of Laguna Honda Hospital, approximately 16 hours per month.  Modification of original PSC is for an enhanced package of services.	Modi- fication	06/30/10
4055-05/06	Public Utilities Commission	Increase Amount $3,900,000 New Amount $15,900,000	Will consist of engineering and design services for a 3,000 ft. 96” diameter pipeline, crossing the Calaveras Fault and a 18,200 ft. long 10 ft. diameter tunnel.	Modi- fication	06/30/14
4004-07/08	Public Utilities Commission	Increase Amount $18,300,000 New Amount $63,500,000	Will provide civil, structural, electrical, mechanical engineering and other specialized engineering needed to complete utility engineering projects.	Modi- fication	09/30/14
4041-08/09	Department of Technology	Increase Amount $0 New Amount $3,188,966	Will provide monitoring and administration of all Avaya telephone switches and telecom networks in use by City departments.	Modi- fication	08/31/10
4019-08/09	GSA-Animal Care & Control	Increase Amount $74,000 New Amount $158,000	Will provide after-hours, weekend and holiday emergency veterinary services on an as-needed basis.	Modi- fication	06/30/10

 

	Recommendation of the Human Resources Director:	Adopt the Human Resources Director’s report.  Notify the offices of the Controller and the Office of Contract Administration.

 

 

 

CONSENT AGENDA

All matters on the Consent Agenda considered by the Civil Service Commission will be acted upon by a single vote of the Commission.  There will be no separate discussion on these items unless a request is made; in which event, the matter shall be removed from the Consent Agenda and considered as a separate item.  Each individual addressing the Commission will be limited to a maximum time limit of five minutes for all items severed from the Consent Agenda.   Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.

 

(6)	Appeal by Mark Sangervasi of the Human Resources Director’s finding of insufficient evidence to sustain his charge of discrimination.  (File No. 0350-06-6)  -  Action Item
	July 6, 2009:	Postpone to the meeting of August 3, 2009 at the request of Mark Sangervasi.
	August 3, 2009:	Postpone to the meeting of August 17, 2009 at the request of the Municipal Transportation Agency.
	Recommendation:	Off calendar.

 

(7)	Municipal Transportation Agency’s Report on Appointments Exempt from Civil Service under Charter Section 10.104.16 through 10.104.18.  (File No. 0268-09-1)  -  Action Item
	Recommendation of the Director of Transportation:	Adopt the report.

 

(8)	Municipal Transportation Agency’s Report on Provisional Appointments.  (File No. 0269-09-1)  -  Action Item
	Recommendation of the Director of Transportation:	Adopt the report.

 

REGULAR AGENDA

 

Copies of all staff reports and materials being considered by the Civil Service Commission are available for public view 72 hours prior to the Civil Service Commission meeting and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.

 

(9)	Request to extend the Eligible List for Class 8214 Parking Control Officer Eligible List ID# 52868.  (File No. 0270-09-1)  -  Action Item
	Recommendation of the Director of Transportation:	Approve the request to extend the duration of the Class 8214 Parking Control Officer eligible list (List ID# 52868) for twelve (12) months to September 21, 2010.  Per CSC Rule 412.3 Extension of Eligibility, notify the remaining eligibles on the list (List ID# 52868) of the extension and the change in the expiration of their eligibility.

 

 

(10)	Appeal by Virginia Morgan of the Human Resources Director’s decision to dismiss her charge of discrimination.   (File No. 0027-07-6) – Action Item
	August 20, 2007:	Postpone to the meeting of October 1, 2007 at the request of Matthew Ming, Attorney for Virginia Morgan.
	October 1, 2007:	Postpone to the meeting of November 19, 2007 at the request of the Department of Human Resources and concurrence of Matthew Ming, Attorney for the appellant.
	Note:	Commissioners Morgan Gorrono and Yu-Yee Wu addressed their concerns regarding the City Attorney’s Opinion on remedies available to the Commission on discrimination complaints.
	November 19, 2007:	Postpone to the meeting of January 7, 2008 pending the City Attorney’s Opinion on remedies available to the Commission on discrimination complaints and having all Commissioners present.

 

	Recommendation of the Human Resources Director:	Adopt the report; Sustain the decision of the Human Resources Director; deny the appeal by Virginia Morgan.

 

(11)		Appeal by Douglas Yep of the Human Resources Director’s finding of insufficient evidence to support his charge of disparate treatment discrimination and retaliation.  (File No. 0594-06-6)  -  Action Item
		Recommendation of the Human Resources Director:	Adopt the report.  Sustain the decision of the Human Resources Director; deny the appeal by Douglas Yep.
			POTENTIAL CLOSED SESSION Note:  This item is being noticed as a potential closed session to preserve the Commission's option to go into closed session during the hearing of the item if for reasons of privacy it is appropriate to do so.  Noticing this item as a potential closed session does not necessarily mean the Commission will go into closed session during its hearing of the item.
			A.       Vote on whether to hold closed session pursuant to San             Francisco Administrative Code 67.10 (b), and federal and               state laws governing medical privacy, including but not               limited to Article I, Section 1, California Constitution             (Action Item)
			B.         Reconvene in open session             1)  Vote to elect whether to disclose any or all discussions                   held in closed session (San Francisco Administrative                   Code Section  67.12 (a))  (Action Item)
			2)  Disclosure of action taken in closed session.

(12)	Appeal by Douglas Yep of the Human Resources Director’s finding of insufficient evidence to support his charge of retaliation and harassment.  (File No. 0037-07-6)  -  Action Item
	Recommendation of the Human Resources Director:	Adopt the report.  Sustain the decision of the Human Resources Director; deny the appeal by Douglas Yep.

 

SEPARATIONS AGENDA

 

 

(13)	Determination of future employability: permanent part time appointment of Antoine Oliver, Library Page (Job Code 3602), San Francisco Public Library.  (File No. 0065-09-7) – Action Item
	June 15, 2009:	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.)
	July 6, 2009:	Continue to the meeting of August 17, 2009 pending the resolution of arbitration.
	Recommendation of the Human Resources Director:	No future employment with the San Francisco Public Library.
(14)	Determination of future employability: permanent civil service appointment of David Chan, Assistant Electronic Maintenance Technician (Job Code 7340), with the Municipal Transportation Agency.  (File No. 0727-07-7) – Action Item
	Recommendation of the Director of Transportation:	Cancel any current examination and eligibility status; No future employment with the City and County of San Francisco.

 

(15)	REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
(16)	COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
(17)	ADJOURNMENT