April 1, 2013 Regular Meeting
Regular Meeting
April 1, 2013
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
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A request to hear an item after 5:00 p.m. should be directed to the Executive |
Order of Business
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CALL TO ORDER & ROLL CALL |
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION BUT NOT APPEARING ON TODAY’S AGENDA |
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APPROVAL OF MINUTES |
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ANNOUNCEMENTS |
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HUMAN RESOURCES DIRECTOR’S REPORT |
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EXECUTIVE OFFICER’S REPORT |
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RATIFICATION AGENDA |
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CONSENT AGENDA |
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REGULAR AGENDA |
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CLOSED SESSION AGENDA |
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS |
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ADJOURNMENT |
NOTICE OF COMMISSION HEARING POLICIES AND PROCEDURES
A. Commission Office
The Civil Service Commission office is located at,
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 Audio Recording of Commission Meetings
As provided in the San Francisco Sunshine Ordinance, all Commission meetings are audio recorded in digital form. These audio recordings of open sessions are available starting on the day after the Commission meeting on the Civil Service Commission website at www.sfgov.org/civilservice/.
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,
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
Know your Rights under the Sunshine Ordinance (Chapter 67 of the
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 Andrea Ausberry, 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.
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
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
Civil Service Commission
Agenda for Regular Meeting
April 1, 2013
2:00 p.m.
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ITEM NO. |
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(1)
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CALL TO ORDER AND ROLL CALL |
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President Kate Favetti |
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Vice President Scott R. Heldfond |
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Commissioner Mary Y. Jung |
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Commissioner E. Dennis Normandy |
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(2) |
REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION BUT NOT APPEARING ON TODAY’S AGENDA |
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(3) |
APPROVAL OF MINUTES – Action Item |
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Regular Meeting of March 18, 2013 |
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Recommendation: |
Adopt. |
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(4) |
ANNOUNCEMENTS |
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Announcement of changes to agenda |
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Other announcements |
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(5) |
HUMAN RESOURCES DIRECTOR’S REPORT |
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(6)
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EXECUTIVE OFFICER’S REPORT |
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RATIFICATION AGENDA |
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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 |
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(7) |
Review of request for approval of proposed personal services contracts. |
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PSC# |
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Amount |
Type of Service |
Type of Approval |
Duration |
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4097-12/13 |
Assessor |
$336,000 |
The Office of the Assessor-Recorder seeks services to digitally scan and convert on an annual basis, approximately 1,794,000 hard copies to 16mm microfilm. Each document page shall be reproduced twice to create an Original and Redacted roll of archive silver film masters. |
Regular |
06/30/17 |
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4098-12/13 |
Art Commission |
$800,000 |
Contract for artist design, fabricate, transport and install artwork for various Port locations including but not limited to; Pier 92, The Bayview Gateway and Heron's Head Park |
Regular |
02/05/18 |
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4099-12/13 |
Public Utilities Commission |
$25,000,000 |
Provide specialized expertise for the Hetchy System Improvement Program to assist in the areas of: facilities integration, start-up & commissioning, cost and schedule, risk management, engineering planning, design, and support during construction, construction management, construction support from planning to commissioning, project & program management services. |
Regular |
12/31/18 |
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4100-12/13 |
Public Utilities Commission |
$12,000,000 |
Provide professional construction management-related services for Non-WSIP projects; these include work on the Sewer System Improvement Program (SSIP), Hetchy System Improvement Program, Job Order Contracts, Repair & Restoration (Spot Sewer Repair Program and City Distribution Division), Waste Water and Water Supply & Treatment. Work includes: Construction Contract Management; Quality Assurance/Quality Control (QA/QC) Inspection; Cost Control; Environmental Inspection; Test & Start-Up, Supplier Quality Serveillance; Special Laboratory Testing; Surveying; Construction Safety; Partnering, and Administrative & Clerical Support. |
Regular |
06/30/18 |
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4101-12/13 |
General Services Agency |
$500,000 |
The Real Estate Division is in need of qualified appraisers to provide primarily commercial property appraisal services including: 1) draft and final appraisal reports, studies, reports, surveys, etc.; 2) expert witness testimony in condemnation trials or other proceedings, and; 3) review appraisals. We intend to create a list of pre-qualified firms and/or sole practitioners who will be engaged on an as-needed basis. Pool members will be required to enter into a personal services contract at the time of engagement. |
Regular |
03/14/18 |
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4102-12/13 |
General Services Agency |
$500,000 |
The Real Estate Division is in need of qualified Title Insurance companies to assist in completing purchase and sale transactions and to research title issues from time to time. It is the intention of the Division to create a list of pre-qualified firms who will be engaged on an as-needed basis. Pool members will be required to enter into a personal services contract at the time of engagement. Title Insurance can only be issued by a company licensed to provide such insurance. |
Regular |
03/14/18 |
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4103-12/13 |
General Services Agency |
$500,000 |
The Real Estate Division is in need of qualified brokerage firms to assist in reviewing complex property matters involving the purchase, sale or leasing of public or private real estate. It is the intention of the Division to create a list of pre-qualified firms who will be engaged on an as-needed basis. Pool members will be required to enter into a personal services contract at the time of engagement. |
Regular |
03/14/18 |
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4104-12/13 |
Emergency Management |
$356,000 |
The chosen consultant(s) will perform planning activities and provide the Bay Area with a regional JIS gap analysis with tailored guidance to establish planning priorities and enhance regional JIS capabilities. The chosen will also provide training and exercises on JIS and JIC methodology and design and conduct a regional JIS and JIC exercise tabletop and functional exercises to assess current plans and boost regional JIS capabilities. |
Regular |
02/28/16 |
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Recommendation: |
Adopt the report; Approve the request for proposed personal services contracts. Notify the Office of the Controller and the Office of Contract Administration. |
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CONSENT AGENDA |
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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 |
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(8) |
Review of request for approval of proposed modification to Personal Services Contract #4138-09-10. (File No. 0111-13-8) – Action Item |
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4138-09/10 |
Public Utilities Commission |
Current Approved Amount $205,000 Increase Amount Requested $500,000 New Total Amount Requested $705,000 |
SFPUC is seeking to retain the services of Micro Local Business Enterprises (LBE) to increase the participation of local and regional construction firms and trade associations for the advancement of all SFPUC Capital Improvement Projects, including WSIP, WasteWater, and Power. Services include, but are not limited to: (i) conduction outreach to local and regional contractors' to create partnerships between primes and certified LBEs thus increasing the number of qualified firms and teams bidding on projects; (II) facilitating compliance with HRC's 12B Equal Benefit Ordinance and 14B LBE subcontracting goals; (ii) education non-union contractors to ensure compliance with SFPUC's Project Labor Agreement; (iv) educating potential bidders and proposers on employment and job training opportunities to ensure the inclusion and participation of a diverse and well trained workforce; (v) identifying, maintaining and developing new local and regional stakeholders to engender goodwill in communities impacted by SFPUC's construction programs; and (vi) assisting with training and development of labor relations staff. |
Modi- fication |
01/01/16 |
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March 4, 2013: |
Continued PSC# 4138-09/10 to a later meeting after the department has gone back to the Public Utilities Commission to get clarification on the Public Utilities Commission’s resolution. |
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Recommendation: |
Adopt the report; Approve the request for Proposed Personal Services Contract #4138-09-10. Notify the Office of the Controller and the Office of Contract Administration. |
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(9) |
Commission Staff Report on the Inspection Service Review Regarding the Rescindment of Future Employment Restrictions for Terminated Custodial Employees of the San Francisco International Airport. (File No. 0112-13-11) – For Discussion and Possible Action |
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Recommendation: |
Accept the report. |
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REGULAR AGENDA |
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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 |
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(10)
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Appeal by Mary T. Dowling of the Human Resources Director’s Determination of Insufficient Evidence to Sustain Her Discrimination Complaint Base on Her Age. |
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Recommendation: |
Adopt the report. Uphold the Human Resources Director’s determination. Deny the appeal of Mary T. Dowling. |
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(11)
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Proposed Rule Amendments to Civil Service Commission Rule Series 015 – Rules Related to the Employment of Persons with Disabilities, Affecting All Employees. |
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March 18, 2013: |
Postponed to the meeting of April 1, 2013 so that the Department of Human Resources can fully respond to the Civil Service Commission’s questions regarding the proposed revisions to Rule Series 015. |
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Recommendation: |
Adopt the report. Direct the Executive Officer to post the proposed revisions for adoption following meet and confer with the City’s labor unions. |
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CLOSED SESSION AGENDA
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(12)
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Public comment on all matters pertaining to Items #13 through #21. |
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(13) |
Vote on whether to hold agenda Item #17 in Closed Session—Action Item. Basis for Closed Session: Conference with Labor Negotiator (San Francisco Administrative Code Section 67.10 (e); California Government Code Section 54957.6) |
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(14) |
Vote on whether to hold agenda Item #18 in Closed Session—Action Item. Basis for Closed Session: Personnel Exception (Gov. Code § 54957(b)(1), Admin Code § 67.10(b); Peace Officer Confidentiality Statutes (Penal Code §§ 832.5, 832.7, 832.8)) |
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(15) |
Vote on whether to hold agenda Item #19 in Closed Session—Action Item. Basis for Closed Session: Personnel Exception (Gov. Code § 54957(b)(1), Admin Code § 67.10(b); Peace Officer Confidentiality Statutes (Penal Code §§ 832.5, 832.7, 832.8)) |
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(16) |
Vote on whether to hold agenda Item #20 in Closed Session—Action Item. Basis for Closed Session: Personnel Exception (Gov. Code § 54957(b)(1), Admin Code § 67.10(b); Peace Officer Confidentiality Statutes (Penal Code §§ 832.5, 832.7, 832.8)) |
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(17) |
Closed Session – Update on Meet and Confer for Civil Service Commission Rule Series 020 – Sick Leave Affecting All Employees (allowing earlier access to sick leave under the Civil Service Rules at three months instead of six for employees represented by labor unions that have waived the provisions of the Paid Sick Leave Ordinance). (File No. 0004-13-5) – Discussion and Possible Action Item |
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January 7, 2013: |
Accepted the Executive Officer’s report; Directed the Executive Officer to post the proposed revisions for adoption following meet and confer with the City’s labor unions. |
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March 4, 2013 |
Closed-session conference with labor negotiator regarding meet and confer over the proposed revisions (San Francisco Administrative Code Section 67.10 (e); California Government Code Section 54957.6). The Commission voted not to disclose any or all discussions held in Closed Session (San Francisco Administrative Code Section 67.12 (a)). |
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March 18, 2013: |
Closed Session conference with labor negotiator regarding meet and confer over the proposed revisions (San Francisco Administrative Code Section 67.10 (e); California Government Code Section 54957.6). The Commission voted to disclose its action conducted in Closed Session (San Francisco Administrative Code Section 67.12 (a)); the Commission rejected the counter proposal from SEIU, Local 1021. |
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Commission Negotiator: Jennifer Johnston, Executive Officer Organization: All |
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(18) |
Closed Session – Appeal of the Human Resources Director's Determination on Future Employability with the City and County of San Francisco of a Former Peace Officer of the City and County of San Francisco. (File No. 0218-10-7) – Action Item |
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(19) |
Closed Session – Appeal by Frank Lee of the Human Resources Director’s Determination of Insufficient Evidence to Sustain His Claim of Discrimination Based on Race, Ethnicity and Retaliation. (File No. 0334-10-6) – Action Item |
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(20) |
Closed Session – Appeal by Frank Lee of the Human Resources Director’s Determination of Insufficient Evidence to Sustain His Claim of Discrimination Based on Race and Retaliation. (File No. 0355-10-6) - Action Item |
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(21) |
Reconvene in Open Session. |
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a) |
Vote to elect whether to disclose any or all discussions held on Item #17 in Closed Session (San Francisco Administrative Code Section 67.12 (a)) – Action Item |
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b) |
Vote to elect whether to disclose any or all discussions held on Item #18 in Closed Session (San Francisco Administrative Code Section 67.12 (a)) – Action Item |
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c) |
Vote to elect whether to disclose any or all discussions held on Item #19 in Closed Session (San Francisco Administrative Code Section 67.12 (a)) – Action Item |
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d) |
Vote to elect whether to disclose any or all discussions held on Item #20 in Closed Session (San Francisco Administrative Code Section 67.12 (a)) – Action Item |
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(22) |
COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS |
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(23) |
ADJOURNMENT |
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