City and County of San FranciscoCivil Service Commission

September 20, 2010 Regular Meeting

Civil Service Commission - September 20, 2010

                                 

 

                                                                                                                                                              

A G E N D A

 

Regular Meeting

of

September 20, 2010

 

2:00 p.m.

ROOM 400, CITY HALL

1 Dr. Carlton B. Goodlett Place

 

A request to hear an item after 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

 

REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION AND WHICH IS NOT APPEARING ON TODAY’S AGENDA

 

APPROVAL OF MINUTES

 

ANNOUNCEMENTS

 

HUMAN RESOURCES DIRECTOR’S REPORT

 

RATIFICATION AGENDA

 

CONSENT AGENDA

 

REGULAR AGENDA

 

SEPARATION AGENDA

 

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, CA94102
.  The telephone number is (415) 252-3247.  The fax number is (415) 252-3260.  The email address is civilservice@sfgov.org and the web address is www.sfgov.org/civilservice/.  Office hours are from to , 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 (4th) 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 and Requests for Postponement

A request to hear an item after 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.  Requests by the public to sever items from the [Consent Agenda or] Ratification Agenda must be provided with justification for the record. 

 

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 and

 

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 time the item is heard.  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.  A subsequent comment after the three (3) minute period is limited to one (1) minute.  The timer shall be in operation during public comment.  Upon any specific request by a Commissioner, time may be extended.

 

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 CivicCenter area.  City Hall is wheelchair accessible.  The closest accessible BART station is the CivicCenter, 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 CivicCenter.  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 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 Chris Rustom, 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 Francisco Lobbyist 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

September 20, 2010

2:00 p.m.

 

ITEM NO.

 

 

(1)       

 

CALL TO ORDER AND ROLL CALL

 

 

 

President E. Dennis Normandy

 

Vice President Donald A. Casper

 

Commissioner Morgan R. Gorrono

 

Commissioner Lisa Seitz Gruwell

 

Commissioner Mary Y. Jung

 

 

(2)              

 

REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION AND WHICH IS NOT APPEARING ON TODAY’S AGENDA

 

(3)       

 

APPROVAL OF MINUTES – Action Item

 

 

 

Regular Meeting of August 16, 2010

 

 

 

Recommendation:

Approve.

 

 

(4)       

 

ANNOUNCEMENTS

 

 

 

Announcement of changes to agenda

 

 

 

Other announcements

 

 

HUMAN RESOURCES DIRECTOR’S REPORT

 

 

(5)       

 

Report on the H-50 Training and Performance Counseling Exercise.  (File No. 0322-10-1) Action Item

 

 

 

Recommendation:

Accept the report.

 

 

(6)     

 

Department of Human Resources response to Commission’s request for information on the San Francisco Police Department deploying civilians to conduct preliminary investigations of low-level crimes and the lack of civil service classifications to perform such investigations.  (File No. 0327-10-1) – Discussion and Possible Action Item

 

 

 

Recommendation:

Accept the report.

 

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, CA94102
.

 

(7)     

 

Review of request for approval of proposed personal services contracts. 
(File No. 0323-10-8) – Action Item

 

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

3056-09/10

Art Commission

Increase Amount

$30,000

New Amount

$57,000

Contractor will assist Arts Commission and the MexicanMuseum in developing a programmatic and curatorial vision for a new, multi-use museum in the Yerba Buena Arts District. Contractor will work with the Mexican Museum board of directors to meet specific planning deliverables, including but not limited to a multi-year audit; crafting job descriptions & hiring key staff positions; developing fundraising strategy; collection conservation, storage, cataloging & lending policies.

Modi-

fication

06/30/11

4020-06/07

General Services Agency

Increase Amount

$95,000

New Amount

$195,000

The City's Sweatfree Contracting Ordinance (Administrative Code Section 12U) authorizes OLSE to monitor contractors' compliance with the Ordinance.  This extension of the PSC duration and adding funds are requested because the contract monitoring was delayed. The Ordinance provides that until such time as the City determines that it is able to adequately monitor compliance using city personnel, the City shall enter into a professional services contract with an independent non profit organization for assistance in monitoring compliance. The vendor will monitor compliance by contractors located

outside the Bay Area and abroad (e.g. Mexico, India, China, Dominican Republic and other foreign countries), that provide goods to the City.  Currently, the Ordinance applies only to apparel, garments (uniforms), related accessories and textiles.

Modi-

fication

09/28/12

 

 

Recommendation:

Adopt the report; Approve request for proposed personal services contracts.  Notify the Office 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, CA94102
.

 

 

 

(8)     

 

Appeal by Ryan Young of his background rejection for a Public Safety Communications Dispatcher (Job Code 8238) position with the Department of Emergency Management.  (File No. 0165-09-4) – Action Item

 

 

 

August  16, 2010:

Continue to a Special Meeting to be held prior to the Regular Meeting of September 20, 2010.  (Vote of 4 to 0)  Mr. Young failed to appear.

 

 

 

Recommendation:

Accept the request by Ryan Young to withdraw his appeal.

 

 

(9)     

 

Certification of the Highest Prevailing Rate of Wages of the Various Crafts and Kinds of Labor Paid in Private Employment in the City and County of San Francisco.  (File No.0320-10-3) – Action Item

 

 

 

Recommendation:

Adopt the report; Forward to the Board of Supervisors.

 

(10) 

 

Appeal by Yim Bing Kwong of the Human Resources Director’s determination of insufficient evidence to support her disability discrimination complaint.  (File No. 0157-10-6) – Action Item 

 

 

 

Recommendation:

Postpone to the meeting of October 18, 2010 at the request of Yim Bing Kwong.

 

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, CA94102
.

 

(11) 

 

Review of request for approval of proposed personal services contracts. 
(File No. 0324-10-8) – Action Item

 

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

4026-10/11

Municipal Transportation Agency

$156,000

The consultant will provide anti-terrorism training to approximately 3,000 transit “First Responders” who are the frontline and/or service-critical employees at SFMTA that operates on a 24-hour, 7-days per week schedule.  Attendees will learn how to recognize, report, and react to potentially dangerous activity and behavior that might occur within their work environment.  The training will include lecture, audio-visual resources, printed material, and simulated events/examples.  The class is titled, “Terrorist Activity Recognition and Reaction.”

Regular

06/30/11

4027-10/11

Department of Technology

 

$2,000,000

Contractor will assist DT cabling staff during peak periods of cabling projects.  Contractor will perform basic telecommunications cabling work for different installation types.  Work requires pulling cable termination, labeling, testing and necessary prep and clean up.

Regular

08/31/16

4097-08/09

Public Utilities Commission

Increase Amount

$1,400,000

New Amount

$2,720,900

SFPUC has partnered with a utility company to market and process regional water and energy washing machine rebate program.  The program includes over 30 Bay Area water agencies and continue to build on a highly successful grant-funded regional partnership with a utility company.  For the first time, the partners are collaborating with a utility company to offer customers a joint rebate in order to streamline the process for the customer and in order to capitalize on the joint marketing capacities of the water and energy utilities.  The contract is being modified to accommodate the increased demand for the program.

Modi-

fication

06/30/12

 

 

Recommendation:

Adopt the report; Approve request for proposed personal services contracts.  Notify the Office of the Controller and the Office of Contract Administration.

 

(12) 

 

Follow-Up Report from the Department of the Environment on the conditional approval of Personal Services Contract Number 4143-08/09.  (File No. 0325-10-8) –  Action Item

 

 

 

May 18, 2009:

Adopt the Human Resources Director’s report on PSC #4143-08/09 on the condition that the Department of the Environment submits a quarterly report to the Commission concerning the progress of training department staff in the program.  Notify the offices of the Controller and the Purchaser. 

 

 

 

Recommendation:

Accept and file the report.

 

 

(13) 

 

Appeal by Howard Dong of the Director of Transportation’s determination of insufficient evidence to support his claim of race discrimination, harassment and retaliation for engaging in a protected activity.  (File No. 0292-10-6) – Action Item 

 

 

 

Recommendation:

Adopt the report; Sustain the decision of the Director of Transportation.  Deny the appeal by Howard Dong.

 

 

(14) 

 

Appeal by Philip Matiatos of the Director of Transportation’s determination of insufficient evidence to support his claim of disability and age discrimination.  (File No. 0277-10-6) – Action Item 

 

 

 

Recommendation:

Adopt the report; Sustain the decision of the Director of Transportation.  Deny the appeal by Philip Matiatos.

 

(15) 

 

Department of Human Resources proposal for consideration to revise the Civil Service Commission Rules Applicable to the Uniformed Ranks of the San Francisco Police Department Volume II - Rule 210 – Police Examination Qualification and Applicants.  (File No. 0326-10-5) – Action Item

 

 

 

Recommendation:

Direct the Executive Officer to work with the Department of Human Resources on the proposed revision and report back to the Commission.

 

SEPARATION AGENDA

 

 

SPECIAL ATTENTION – APPELLANTS APPEARING ON THE SEPARATIONS AGENDA

 

As soon after as practical, a roll call will be held of the names of persons appearing on the Employee Separations Agenda to ascertain who is present for hearing.  Please respond as your name is called.  Your case will be heard by the Commission in the order it appears on the Agenda unless the President grants a request to be heard out of order.  The Commission will take immediate action during the roll call for those persons not in attendance.

 

(16) 

 

Determination of future employability: Dismissal of permanent exempt appointment of Leticia Dixon, Secretary II (Job Code 1446) with the Department of Children, Youth and Their Families.  (File No. 0119-10-7) – Action Item

 

 

 

Recommendation:

No future employment with the Department of Children, Youth and Their Families; Not to work in any position that will have access to confidential information with the City and County of San Francisco.

 

(17)          

 

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS

 

 

(18)          

 

ADJOURNMENT