February 25, 2011 Special Meeting
Minutes of Special Meeting
Friday, February 25, 2011
3:00 p.m.
I. The Special Meeting was called to order at 3:06 p.m.
Present: President E. Dennis Normandy (left at 3:55 p.m. missed Items VI to VIII)
Vice President Donald A. Casper
Commissioner Morgan R. Gorrono
Commissioner Mary Y. Jung
Not Present: Commissioner Lisa Seitz Gruwell (Notified Absence)
President E. Dennis Normandy presided on Items I to V.
Vice President Donald A. Casper presided on Items VI to VIII.
II. Public Comment on all matters appearing on the Special Meeting Agenda Session.
Steve Zeltzer, United Public Workers for Action, inquired why comments made by two speakers on the issue of “conflict of interest” were not included in the February 7, 2011 Minutes.
III. Removal of Department of Human Resources (DHR) Proposal to Eliminate Interdepartmental (Citywide) Bumping and Work on Reforms to Bumping Process. (File No. 0374-10-1) – ACTION ITEM
December 20, 2010: Direct the Executive Officer to work with the Human Resources Director and the Commission’s City Attorney Counsel to review Charter, Rules, MOU and other applicable provisions covering Layoffs; Prepare a staff report to the Commission with recommendations and process with time-frames for discussions regarding this proposal; schedule staff report for hearing at the February 7, 2011 meeting of the Commission.
Note: The Commission also directed that this group include and consult with Vice President Casper to have benefit of his
institutional memory.
February 7, 2011: By consensus 1) The Commission directed the Executive Officer to schedule a Special Meeting and calendar for action the
rejection and removal of the Proposal to Eliminate Interdepartmental (Citywide) Bumping from the Civil Service Commission
Agenda. 2) The Commission also requested a study of bumping and directed the Executive Officer to work with DHR on a
report of a study on its reform rather than its removal, to make it more efficient, cost-effective and less disruptive to both
management and the bumped individual.
Speakers: Anita Sanchez, Executive Officer
Douglas Bias, Painter for the City said he didn’t have the opportunity to view the additional material submitted regarding the CSC
reform for 2005.
Steve Zeltzer, United Public Records for Action, would like to know where this proposal came from since it violates the City’s Charter;
He would like a report from the Department of Human Rights (DHR) on where this proposal came from, who developed it and what
officials in San Francisco, elected officials were responsible if any for putting forward a proposal to eliminate Citywide Bumping.
Action: Remove Proposal to Eliminate Interdepartmental (Citywide) Bumping from the Commission Agenda; Study Reforms on Bumping
which would make the process more efficient, cost-effective and less disruptive to both departments and the bumped employee.
(Vote of 4 to 0)
IV. Proposed Secondary Criteria for H-30 Captain, Fire Department. (File No. 0053-11-1) – ACTION ITEM
Speakers:Michael Cerles, Public Safety Team, DHR
Action: Accept the recommendation of the Human Resources Director and approve the proposed secondary criteria for H-30 Captain, San Francisco Fire Department. (Vote of 4 to 0)
V. Appeal of Kevin D. Taylor of the Human Resources Director’s Investigation of his Allegations of Tutoring and Assistance and Violation of the Confidentiality Agreement in the H-50 Assistant Chief Examination, San Francisco Fire Department. (File No. 0399-10-4) – ACTION ITEM
Speakers: Anita Sanchez, Executive Officer
Ted Yamasaki, Department of Human Resources
Micki Callahan, Human Resources Director
Battalion Chief Kevin Taylor, Appellant
Matthew McNaughton, Candidate for the H-50 examination
Kevin Smith, H-50 Candidate & President, Black Firefighters’ Association
Kevin Burke, President, San Francisco Fire Chiefs Officers’ Association
Chief Joanne Hayes-White, San Francisco Fire Department
Action: 1) Continue to Special Meeting on a date to be determined upon consultation with the Commissioners by the CSC Executive Officer;
2) The Department of Human Resources is directed to continue with its investigation of this matter and that its investigative report be presented to this Commission prior to the CSC Special Meeting, furthermore that in keeping with DHR’s practice, the investigative report include summaries of all interviews with all witnesses without editorial commentary in that section;
3) Finally, that Department of Human Resources is directed to make such investigative report available to all parties interested in this matter at the same time that it deposits the report at the Commission’s office and that this matter will be the only item on the Special Meeting Agenda. (Vote of 4 to 0)
VI. Briefing and Report by the Department of Human Resources on the Development and Administration of the H-50 Assistant Chief Examination, San Francisco Fire Department. (File No. 0025-11-1) – ACTION ITEM
February 7, 2011: By consensus the Commission directed the Executive Officer to schedule a Special Meeting and calendar for the Commission to take action on the Adequacy of the H-50 Assistant Chief Examination, San Francisco Fire Department.
Note: The Commission also directed that the appeal of Kevin D. Taylor be placed on calendar prior to taking its action on the H-50 Examination.
Speakers: Kevin Smith
Dave Johnson, Department of Human Resources
Micki Callahan, Human Resources Director
Chris (Aaron) Stevenson, PLT Retired Assistant Chief
Action: Continue to the March 7, 2011 Regular Meeting with the Validation Study available to the Commission prior to the meeting. (Vote of 3 to 0)
VII. Department of Human Resources Briefing and Response to the Inspection Service Request of Concerns Raised by Cornelius Johnson Regarding the Q-80 Captain Examination, San Francisco Police Department and Report on the Investigation of an Allegation that a Rater led a Study Group. (File No. 0026-11-1 and 0015-11-11) – ACTION ITEM
February 7, 2011: By consensus the Commission directed the Executive Officer to schedule a Special Meeting and calendar for action the response to concerns raised in the Inspection Service Request by Cornelius Johnson regarding the Q-80 Captain Examination, San Francisco Police Department.
In addition, the Human Resources Director acknowledged the Commission’s request not to adopt the Eligible List until this matter is heard by the Commission. The Commission could not take action as this was calendared as a “No Action” item.
Speakers: Jennifer Johnston, Department of Human Resources
Lt. Cornelius Johnson, Appellant
Dave Johnson, Department of Human Resources
Jaye Erickson, Department of Human Resources
Commander David Lazar, SF Police Department, thanked the Commission for holding this Special Meeting and said how it has affected him, how he has been impacted by the allegations of the February 7, 2011 Civil Service Commission meeting. As a result of this the Department of Human Resources is conducting an investigation; Internal Affairs Division of the SF Police Department has opened an investigation.
Supervisor John Avalos, supporting Commander David Lazar. He commented how shocked he was to read his name in the paper, shocked because that is not the person he knew as an Officer for SFPD and in his capacity as Supervisor representing District 11. Although he appreciates his relationship with all the Captains he has interacted with, when David Lazar was Captain at the Ingleside Station he was above and beyond of what he was ever expected to get out of an officer, as a Captain in the department; he has the highest integrity, he brought the reputation of the SFPD to the highest level it can be; that for him it was an eye opener of what his relationship with a Captain and what they could do to really set community policing at the highest level it can be.
Julie Lazar, SF Police Inspector, supporting her husband David Lazar; spoke about the integrity of Commander David Lazar.
Rick Bruce, retired Captain from SFPD, spoke about the integrity, professionalism and dedication of Commander David Lazar and the love he has for the organization. He would trust Commander Lazar with his own life.
Sharen Hewitt, Executive Director, Community Leadership Academy and Emergency Response Project, spoke in support of Commander David Lazar.
Kevin Martin, spoke about Commander Lazar’s integrity, about his overall love for the SFPD, the City and the citizens of San Francisco; he was glad to see in the newspaper that day that Department of Human Resources’ John Kraus declared that Commander Lazar isn’t involved in issues that rose to the integrity of the exam.
Nelson Lum, former President and current member of the SF Asian Peace Officers Association and also a retired Police officer of the SFPD addressing the Commission of behalf of the Association, said that Commander David Lazar has always been dedicated, energetic, honest and loyal to the department and also mentioned that in addition to performing his duties in the Department, Commander Lazar has always made himself available to assist in various community projects. He asked the Commission to keep in mind who the person they are investigating, he is and has been an asset to the Department for many years. He and the members of the Asian Peace Officers’ Assn. support the Commander.
Hugo Tejada, Pastor, Church of the Highlands, in support of David Lazar, one of the most ethical and moral people he’s ever met. When he read the article in the newspaper about Commander Lazar he was in disbelief because David Lazar wouldn’t compromise his integrity over giving information about a test.
Steven Currier, President, Outer Mission Merchants Residents Association, Community Police Advisory Board in Ingleside and Citywide CPAB, said that if the talk is about “process” then Commander Lazar needs to be taken off this agenda.
Lorraine Woodruff-Long, Executive Director, PAL a non-profit independent of the Police Department in the City, said that Commander David Lazar’s involvement in two areas involving education – his pivotal role growing jobs skills and leadership training for high school youth through the PAL cadet law enforcement program and his ongoing effort as an alumni advisor with leadership San Francisco; David Lazar is clearly an individual that if asked will help improve and educate at every level, high school students to community leaders in San Francisco.
Bob Krinsky, neighbor of the Lazar’s said that if this is only about process then it is both disrespectful and insulting to David and his family. As a neighbor and like everyone else had said this is a gentleman with fine integrity.
Douglas Farmer, SF Police Officer for twenty years, said that David Lazar cannot be called dishonest and unethical, he is one of the most moral people he has ever known, professionally and personally.
Kathy Pubill, SF Police Officer Crime Scene Unit and also a personal friend, said Dave Lazar has nothing but lived the City, he’s lived this department and he’s lived morally and has done nothing but to give his time to the City.
Jose Pubill, SF Police Officer Traffic Company and member of the Police Dept. for twenty-two years, the process needs to be re-examined, he took David Lazar under his wing but David excelled on his own; he will stand by him on any situation he’s faced with. He is honest, hard working, loyal not only loyal to his family, and his friends but very loyal to the City and the Department that he serves with pride.
Lea Militello, Lt. and President of SF Police Officers’ Pride Alliance, has known David since the mid 1980’s when he was a PAL cadet. He is a man with a lot of character, how astounded she was when she read the newspaper and he is a man who doesn’t deserves and hopes to see a retraction in the newspaper.
Jared Harris, SF Police Officer for three years, said Commander Lazar is an extremely honest person, even though he is his brother in-law the only help he received from him is general knowledge on how to interview.
Rich Vankoll, SF Police, thirty-one years of experience who has known David Lazar since he was a teen cadet and he was his training officer in the Inspector’s Bureau. Jason Cherniss, Jason Fox, Mark Osuna and David Lazar set the standards of how the police department studies for an exam and how they take an exam. It is about the system not about the scrutiny of David Lazar.
Valerie Matthews, Sgt. Inspector SF Police Department, had known David Lazar for approximately twenty years. He’s worked with her, he has been her boss, assisted her in examinations, helped OFJ in examinations in tutoring people up until the point he became a subject matter expert. She has also known Con Johnson for almost twenty years and believes he’s a good person, educated and a good officer but the system is horrible. Would like to see a retraction in the paper regarding David Lazar.
Julian Hill, President, Officers for Justice, he is standing before the CSC in two positions, one as an individual and one as an organization, said that Dave Lazar is one of the most honest people in the Department--probably in SF. If he was working for DHR he would find out the problems with their test exams and correct them, if he had issues that would come up he would have not let them proceed. He also made a point to Officer Johnson to try to work the problem and asked the Commission to fix the problem.
John Monroe, SF Police Department, thirty year Inspector, said it is ironic how two of the most passionate people in the PD on different sides of the spectrum, he knows that Commander Lazar would rather be doing police work than rating people, and Con Johnson would rather be out mentoring young kids and mentoring other police officers than having to deal with this. Agrees with Comm. Gorrono, policing is policing especially now.
John Sanford, Captain SFPD, he has known David Lazar for an extended period of time and knows Commander Lazar is one with the most highest character, moral, integrity and his fairness is across the board. David Lazar is fair with everyone, whoever reaches out to David Lazar he will be there to assist them. There is a flaw with the system. Respectfully requested the Commission to look at the system. Commander Lazar is a product of Chief Bruce who had taught them for years that if they need to prepare for or want to be in the running for these examinations they have to start years in advance.
Lt. Joe Reilly, thirty-six year veteran of the SFPD and former Commission Secretary, would like to place his integrity, credibility, and his years of service on the table next to David Lazar any time.
Dan Hampton, thirty years SFPD, asked the Commission to exonerate David officially.
Hector Basurto, President Latino Peace Officers’ Association, said the system is flawed but can be corrected. About Commander Lazar, nothing negative can be said about Commander Lazar.
Leighton Sheley, Pastor, knows David Lazar for over a decade and has known David to be a man of noble character and the citizens of SF are well served by his dedication and integrity.
Robert Moser, Lt. SFPD, Q-80 candidate, talked about the two raters – one SFPD and one independent, they had to come to a concurrence within one point of the score. Commander Lazar came to them because they asked him to, because he is honorable, care about them and would do it for anybody. He would never discuss anything that would give them an unfair advantage.
Eric Vintero, Lt., Q-80 candidate, he said he did well because he prepared, he was focused and because he worked very hard and everyone in his group did well because they too, were prepared, focused and worked very hard. Quality people are always going to be at the top of any list regardless of the test. While in San Diego at Lt. school - Lt. Cherniss, Lt. Moser and himself would make a packet study together for the next Captains test, their commitment to succeed started then nearly 5 years ago.
Jason Cherniss, talked about defending himself after being accused of cheating; how hard his group studied for the exam and how people who prepared do well on examinations.
Tom Shawyer, Assistant Chief, SFPD talked about the partnership that exists between the Police Department and DHR; DHR provides a desperately needed service in producing examinations, the exams being produced are among the best exams in the nation; he’s been a rater in law enforcement agencies across the country and this is one is the fairest and the most comprehensive; Dave Lazar is his best friend, and what’s happened to him is wrong. Whatever it takes to pass this examination is determination and David Lazar represents it.
Mark Osuna, Lt., said the he was part of the study group, said that David Lazar’s participation was almost insignificant, we asked him what skills the first day Captain should have and he gave us a list of stuff, the same list we got from some other Captains. If there is no evidence of impropriety, there is no need to change the rules.
Mary Harris, President, District 11 Council, Commander Lazar character is above reproach it’s been say over and over and asked the Commission to exonerate him entirely.
Alice Villagomez, Human Resources Director, San Francisco Police Department.
Action: 1) Pursuant to the inspection carried out by the Civil Service Commission under Section 10.101 of the City Charter and based on submissions made to this Commission both in writing and orally at our meeting of February 7, 2011 and today’s Special Meeting, this Commission finds that Commander David Lazar of the San Francisco Police Department did not divulge confidential information in connection with the examination given for rank Q-80 Captain of Police whether in his capacity as a subject matter expert or as a rater of the same examination.
2) Furthermore ,that in his capacity as a rater of the examination, this Commission finds that Commander David Lazar did not favor any candidate who sat for that exam, whether that candidate was known to him or not.
3) The Commission further finds that in no other respect did Commander Lazar violate Section 210.4.1 of the Civil Service Commission Rules relating to examination misconduct.
4) The Commission further finds that in no respect did Commander David Lazar violate or in any way breach the Oath of Confidentiality which he had sworn and subscribed to, relating to his activities as a subject matter expert for the said examination.
5) Secondly, that this Commission commends Commander Lazar for his superb work in the San Francisco Police Department and desires and even expects many more years of service from him in the Command ranks of the San Francisco Police Department.
6) Finally, this Commission regrets any accusation, insinuation or inference made in the press that Commander Lazar in any way violated any Civil Service Commission Rule, any rule, policy or procedure of the San Francisco Police Department or the Oath of Confidentiality which he took in connection with the said examination.
(Vote of 3 to 0)
VIII. Adjournment
6:35 p.m.
