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MINUTES
Regular Meeting
April 6, 2009
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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2:25 p.m.
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ROLL CALL
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President Donald A. Casper
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Present
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Vice President Morgan R. Gorrono
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Present
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Commissioner Joy Y. Boatwright
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Not Present (Notified absence)
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Commissioner Mary Y. Jung
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Present
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Commissioner E. Dennis Normandy
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Present
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President Donald A. Casper presided.
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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None.
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APPROVAL OF MINUTES
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Regular Meeting of March 16, 2009
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Action:
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Approve. (Vote of 4 to 0)
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0074-09-8
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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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4117-08/09
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Airport
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$750,000
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Will modernize SFO’s network architecture to improve security, reliability and the delivery of new Shard Tenant Service (STS) offerings.
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Regular
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03/31/14
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4118-08/09
Postpone to 4/20/09
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Fire Department
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$500,000
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Will perform physical fitness evaluations on uniformed Fire Department personnel, including coronary risk factor evaluations, cardiovascular examinations, and laboratory testing.
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Regular
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12/31/11
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4119-08/09
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Municipal Transportation Agency
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$500,000
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Will provide specialized professional and technical transportation planning, engineering and environmental services.
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Regular
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05/30/11
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4121-08/09
Postpone to 4/20/09
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Recreation & Parks
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$1,500,000
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Will provide full Architectural and Engineering services for the Palega Playground, including schematic phase, design development, construction documents, cost estimating, construction administration and project closeout.
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Regular
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06/30/11
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March 16, 2009:
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(1) Postpone PSC #4117-08/09 to the meeting of April 6, 2009 at the request of the Airport Commission.
(2) Postpone PSC #4118-08/09 to the meeting of April 6, 2009 at the request of the San Francisco Fire Department.
(3) Postpone PSC #4119-08/09 to the meeting of April 6, 2009 at the request of the Municipal Transportation Agency.
(4) Adopt the Human Resources Director’s report on PSC #4121-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 2 to 2; Commissioners Casper and Boatwright dissent.) Continue to the meeting of April 6, 2009. (Three (3) votes are needed for Commission action.)
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Speakers:
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Cynthia Avakian, Dee Quesada and Rene Leedman, San Francisco International Airport and Pam Covington and Richard Isen, IFPTE Local 21 spoke on PSC #4117-08/09.
Suzanne Chen-Harding, Municipal Transportation Agency spoke on PSC #4119-08/09.
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Action:
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(1) Postpone PSC #4118-08/09 to the meeting of April 20, 2009 at the request of the San Francisco Fire Department. (Vote of 4 to 0)
(2) Postpone PSC #4121-08/09 to the meeting of April 20, 2009 at the request of Recreation and Parks Department. (Vote of 4 to 0)
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(3) Adopt the Human Resources Director’s report on PSC #4117-08/09 on the condition that the Airport Commission report back to the Commission within 30 days regarding its efforts to appoint a 1044 Principal IS Engineer and a 1070 IS Project Director and how the contractor is working with City employees to perform the ongoing maintenance of the system after completion of the project. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)
(4) Adopt the Human Resources Director’s report on PSC #4119-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)
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0098-09-8
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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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1012-08/09
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Children, Youth, & their Families
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$1,039,750
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Will provide production and distribution of unitized meals to the children and youth enrolled in the 2009 Mayor’s Summer Food Service Program.
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Annual
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06/30/10
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1013-08/09
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Airport Commission
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$125,000
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Will provide staffing and consulting services to the airport’s noise reduction community forum, known as the Airport/Community Roundtable.
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Annual
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06/30/10
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1014-08/09
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Airport Commission
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$190,000
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Will provide an agreement to partially fund SamTrans owl bus service between SFO and San Francisco to the north and Palo Alto to the South.
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Annual
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06/30/10
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4124-08/09
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Office of Economic & Workforce Dev.
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$662,442
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Will provide preparation and adoption of amendment to the Candlestick State Recreation Area Plan, which is an environmental review document.
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Regular
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12/31/10
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4125-08/09
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Mayor’s Office
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$1,275,000
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Will provide federal lobbying services for the City, including identifying and advocating for or against legislation regulatory matters that impact the City.
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Regular
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06/30/13
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4126-08/09
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Arts Commission
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$100,000
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Will design, fabricate, deliver and install the art elements at the Randall Museum.
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Regular
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02/01/10
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4127-08/09
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Police
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$200,000
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Will perform hair sample drug analysis to determine drug usage, and historical patterns of drug usage for police officer applicants, police reserve office applicants, police cadet applicants, and police service aide applicants for the Police Department.
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Regular
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06/30/13
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4128-08/09
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Children and Families Commission
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$165,000
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Will provide visual and performing arts residencies and related teacher training for early childhood settings, directly impacting 3,000 children, their families and teachers at Preschool for All (PFA) Sites.
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Regular
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06/30/12
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4129-08/09
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Public Works
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$3,000,000
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Will perform as-needed highly specialized electrical engineering tasks that include constructability analysis, power system reliability studies, construction support, peer review validation, reports, and consultation for various types of public works projects.
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Regular
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10/31/14
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4123-08/09
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Film Commission
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Increase Amount
$50,000
New Amount
$100,000
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Will digitally house photographs of San Francisco locations, both interior and exterior, suitable for still photography, commercial and feature filmmaking purposes.
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Modi-
fication
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08/31/12
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4119-07/08
Postpone to 4/20/09
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Port
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Increase Amount
$800,000
New Amount
$1,300,000
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Will investigate environmental conditions in soil, groundwater and building materials at the Port’s Pier 70 facility, including approximately 65 acres of land and approximately 416,000 square feet of building area.
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Modi-
fication
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06/30/11
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4041-08/09
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Department of Technology
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Increase Amount
$507,682
New Amount
$3,188,966
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Will provide monitoring and administration of all Avaya telephone switches and telecom networks in use by City departments.
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Modi-
fication
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08/31/09
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4112-99/00
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Public Works
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Increase Amount
$22,000,000
New Amount
$52,000,000
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To provide architectural and engineering design services associated with Laguna Honda Hospital’s Replacement Program. Additional redesign and construction administration services due to project delays.
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Modi-
fication
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12/31/12
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Speakers:
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Libby Albert and Artina Lim, Department of Children, Youth & Their Families spoke on PSC #1012-08/09.
Tiffany Bohee, Office of Economic Workforce Development spoke on PSC #4124-08/09.
Mary Chu, Arts Commission spoke on PSC #4126-08/09.
Tamerat Awetu and Severino (Jun) Caranto, Department of Public Works spoke on PSC #4129-08/09.
Stefanie Coyote and Christine Munday, Film Commission spoke on PSC #4123-08/09.
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Action:
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(1) Postpone PSC #4119-07/08 to the meeting of April 20, 2009 at the request of the Port of San Francisco.
(Vote of 4 to 0)
(2) Adopt the Human Resources Director’s report on PSC #4123-08/09. Notify the offices of the Controller and the Purchaser. (Vote of 3 to 0; Commissioner Jung missed vote.)
(3) Adopt the Human Resources Director’s report on all remaining contracts. Notify the offices of the Controller and the Purchaser. (Vote of 4 to 0)
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Note:
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President Donald Casper presented the following statement regarding PSC #1012-08/09: In passing upon personal services contracts, the basic test employed by this Commission is whether the proposed services “are of such a nature that they could be performed by one selected under the provisions of civil service.” (State Compensation Ins. Fund v. Riley (1936) 9 Cal.3d 126, 135.) The restriction on contracting out the City’s work is not found in any express provision of the Charter. “Rather, it emanates from an implicit necessity for protecting the policy of the organic civil service mandate against dissolution and destruction.” (California State Employees’ Assn. v. Williams (1970) 7 Cal.App.3d 390, 397.) That is the basis for this Commission’s jurisdiction with respect to personal services or outsourcing contracts.
Here, the proposed services are to be performed by classified or non-certified employees of the San Francisco Unified School District to implement the Mayor’s 2009 Summer Food Service Program. The Department of Children, Youth and Their Families seeks approval of a contract with the School District for the preparation of daily lunches by District personnel employed in food service classifications, including 2604 Food Service Worker, 2618 Food Service Supervisor, and 2650 Assistant Cook.
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As provided by Section 45318 of the State Education Code, classified or non-certificated personnel of the San Francisco Unified School District are employed pursuant to the merit system provisions of the City Charter. They are subject to the control of this Commission and, as such, are members of the City’s classified civil service. (Evans v. San Francisco Unified School Dist. (1989) 209 Cal.App.3d 1478, 1481.)
Therefore, not only will the services rendered under the proposed Summer Food Service Program contract with the School District be of a nature that they could be performed by members of the City’s classified civil service. The services will in fact be performed by them. The integrity of the merit system will not be endangered. In my opinion, it was unnecessary to have brought this contract to this Commission for review. The Department of Children, Youth, and Their Families recognizes my position in this regard. It has submitted the contract to this Commission to escape a procedural, no, bureaucratic knot in the Controller’s office. I vote to approve the contract only to assist the Department in achieving the contract’s purpose. While civil service time may be measured in very long increments, life is still too short.
The Executive Officer informed the Commission that she advised the Department to submit the PSC request for approval by the Commission. In the event the Department does not use School District civil service personnel, the approval is in place and there is no delay in providing the service.
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0099-09-3
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Request by John Radogno, Shop Steward, Teamsters Local 856 for reconsideration of the Civil Service Commission action of December 1, 2008 granting status to Troy B. Hines and Tracy Haynes from Class 8323 Senior Counselor, Boys Ranch School to Class 8322 Senior Counselor, Juvenile Hall. (Item No. 7)
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Disclosure:
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Vice President Morgan Gorrono disclosed that he is a former member of Teamsters Local 856 and that it will not affect his ability to be fair.
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Speakers:
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Anita Sanchez, Executive Officer
John Radogno, Appellant
Allison Magee, Juvenile Probation
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Action:
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Deny the request by John Radogno for reconsideration of the Civil Service Commission action of December 1, 2008 granting status to Troy B. Hines and Tracy Haynes from Class 8323 Senior Counselor, Boys Ranch School to Class 8322 Senior Counselor, Juvenile Hall. (Vote of 4 to 0)
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0079-09-1
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Report of Inspection Service Review regarding minimum qualifications for Class 4265 Senior Real Property Appraiser, Office of the Assessor-Recorder.
(Item No. 8)
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March 2, 2009:
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The Commission requested staff to conduct an inspection service of the review of qualifications for Class 4265 examinations.
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Speakers:
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Luz Morganti, Civil Service Commission
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Action:
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Accept the report and direct the Executive Officer to instruct departments to verify experience and education in reviewing the minimum qualifications of applicants. (Vote of 4 to 0)
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0100-09-1
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Department of Human Resources Report on the Position-Based Testing Program.
(Item No. 9)
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Speakers:
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John Kraus, Department of Human Resources
Stephanie Mayorga-Tipton, Department of Human Resources Anna Biasbas, Department of Human Resources
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Action:
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Accept the report. (Vote of 4 to 0)
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0101-09-1
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Department of Human Resources Annual Report on Provisional Appointments.
(Item No. 10)
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Speakers:
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John Kraus, Department of Human Resources
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Action:
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Accept the report. (Vote of 4 to 0)
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0565-08-1
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Progress Report: Salary Setting for the City and County of San Francisco Board of Supervisors for a five (5) year cycle, effective July 1, 2009 through June 30, 2014, in accordance with Charter Section 2.100 (Item No. 11)
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December 15, 2008:
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Accept the staff report on the Preliminary Work Plan – Salary Setting for the City and County of San Francisco Board of Supervisors, effective July 1, 2009 through June 30, 2014 in accordance with Charter Section 2.100. The Commission requested the City Attorney’s opinion on the provision in Charter Section 2.100 regarding the City and employee organizations amending compensation provisions of existing memorandum of understanding to reduce costs and information on other national consolidated cities and counties.
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January 5, 2009:
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Accept the staff report; Proceed with the salary survey and report progress to the Commission.
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February 2, 2009:
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Accept the report.
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March 2, 2009:
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Accept the report.
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Speakers:
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Luz Morganti, Civil Service Commission
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Action:
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Accept the report. (Vote of 4 to 0)
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0102-09-1
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Review of Pending Appeals Log as of March 31, 2009. (Item No. 12)
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Speakers:
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Anita Sanchez, Executive Officer
Jennifer Johnston, Department of Human Resources
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Action:
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Accept the report. Directed Executive Officer to check availability of hearing rooms, notify departments and begin scheduling hearings.
The Executive Officer will inform all departments that the Commission directed that all appeals be scheduled as soon as possible and that they should be prepared to come before the Commission within two weeks from date of notice.
(Vote of 4 to 0)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION (Item No. 13)
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Alexis Torres, IFPTE Local 21 introduced Dara Geckeler who appealed to the Commission to have the Department of Human Resources conduct an examination for 2822 Health Educator. Ms. Geckeler has been a provisional 2822 Health Educator appointee for three (3) years.
Virginia Morgan is pleased to see the Commission is in the process of scheduling the backlog of appeals.
Ging Louie, IFPTE Local 21 expressed his disappointment in the Recreation and Parks Department for postponing the PSC #4121-08/09 without notification to IFPTE Local 21.
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 14)
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President Donald A. Casper requested an inspection into the procedures utilized by departments in verifying information on employment applications of past and current employees.
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ADJOURNMENT
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5:07 p.m.
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Vice President Morgan R. Gorrono requests that the Commission adjourn the meeting in memory of Oakland police officers Sergeant Mark Dunakin, Sergeant Ervin Romans, Sergeant Daniel Sakai, and Officer John Hege who gave their lives in the line of duty on March 21, 2009.
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