City and County of San FranciscoCivil Service Commission

April 01, 2013 Regular Meeting

Civil Service Commission - April 1, 2013

 

Regular Meeting
 
April 1, 2013
 
 
2:00 p.m.
 
ROOM 400, CITY HALL 
1 Dr. Carlton B. Goodlett Place

 

 

CALL TO ORDER

 

 

 

 

 

2:02 p.m.

 

 

 

 

 

ROLL CALL

 

 

President Kate Favetti                       Present

 

 

Vice President Scott R. Heldfond        Present

 

 

Commissioner Mary Y. Jung                Present

 

 

Commissioner E. Dennis Normandy    Present

 

 

 

 

 

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

 

 

 

 

 

None.

 

 

 

 

 

APPROVAL OF MINUTES (Item No. 3)

 

 

 

 

 

Regular Meeting of March 18, 2013

 

 

 

 

 

Action:

Adopted as amended.  (Vote of 4 to 0)

 

 

 

 

ANNOUNCEMENTS (Item No. 4)

 

 

 

 

 

Announcement of changes to agenda.  None.

 

 

 

 

 

Other announcements.  None.

 

 

 

 

HUMAN RESOURCES DIRECTOR’S REPORT (Item No. 5)

 

 

 

Donna Kotake, on behalf of the Human Resources Director, indicated that the Department of Human Resources (DHR) is in the process of scheduling a meeting with SEIU, Local 1021 to include discussions regarding the 2903 Eligibility Worker classification.  Therefore, DHR will be seeking a postponement of the 2903 Eligibility Worker joint report which is due in April 2013 pursuant to the Civil Service Commission’s directive during its meeting of February 4, 2013.

 

 

       

 

 

 

EXECUTIVE OFFICER’S REPORT (Item No. 6)

 

 

 

None.

 

 

0110-13-8

Review of request for approval of proposed personal services contracts.  (Item No. 7)

     

 

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

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

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

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

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

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

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

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

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

 

 

 

 

 

Speakers:

John Updike, General Services Agency spoke on PSC# 4102-12/13 and 4103-12/13.

 

 

 

 

Action:

Adopted the report; Approved the request for proposed personal services contracts.  Notified the Office of the Controller and the Office of Contract Administration.  (Vote of 4 to 0)

 

 

 

0111-13-8

Review of request for approval of proposed modification to Personal Services Contract #4138-09-10.  (Item No. 8)

         

 

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

 

 

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. 

 

 

 

 

Speakers:

None.

 

 

 

 

 

Action:

Adopted the report; Approved the request for Proposed Personal Services Contract #4138-09-10.  Notified the Office of the Controller and the Office of Contract Administration.  (Vote of 4 to 0)

 

 

0112-13-11

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.  (Item No. 9)

 

 

 

Speakers:

Luz Morganti, Civil Service Commission

 

 

Alex Lawrence, San Francisco International Airport

 

 

 

 

Action:

Accepted the report.  (Vote of 4 to 0)

         

 

 

 

 

 

0016-13-6

Appeal by Mary T. Dowling of the Human Resources Director’s Determination of Insufficient Evidence to Sustain Her Discrimination Complaint Base on Her Age.
(Item No. 10)

 

 

 

Speakers:

Sylvia Castellanos, Department of Human Resources

 

 

Jason Hashimoto, Department of Public Health

 

 

Tracey Packer, Department of Public Health   

 

 

Mary T. Dowling, Appellant

 

 

 

 

Action:

1)  Adopted the report.  Upheld the Human Resources Director’s determination.  Denied the appeal of Mary T. Dowling.
(Vote of 4 to 0)

2)  Directed the Executive Officer to follow-up with the department on the status of the Job Analysis Questionnaire, and to ensure that the EEO Unit of DPH works in conjunction with DHR to provide the HIV Unit with additional training specifically focused on age discrimination.  (Vote of 4 to 0)

 

 

0089-13-5

Proposed Rule Amendments to Civil Service Commission Rule Series 015 – Rules Related to the Employment of Persons with Disabilities, Affecting All Employees.
(Item No. 11)

 

 

 

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.

 

 

 

 

Speakers:

Linda Simon, Department of Human Resources

 

 

 

 

Action:

Adopted the report.  Directed the Executive Officer to post the proposed revisions for adoption following meet and confer with the City’s labor unions.  (Vote of 4 to 0)

         

 

CLOSED SESSION AGENDA

 

Public comment on all matters pertaining to Items #13 through #21.  (Item No. 12)

 

 

None.

 

Vote on whether to hold agenda Item #17 in Closed Session—Action Item.  (Item No. 13)

Basis for Closed Session: Conference with Labor Negotiator (San Francisco Administrative Code Section 67.10 (e); California Government Code Section 54957.6)

 

 

 

Speakers:

None.

 

 

Action:

The Commission voted to conduct Item # 17 in Closed Session.
(Vote of 4 to 0)

 

Vote on whether to hold agenda Item #18 in Closed Session—Action Item.  (Item No. 14)

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))

 

 

 

Speakers:

None.

 

 

Action:

The Commission voted to conduct Item # 18 in Closed Session.
(Vote of 4 to 0)

 

Vote on whether to hold agenda Item #19 in Closed Session—Action Item.  (Item No. 15)

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))

 

 

 

Speakers:

Frank Lee, Appellant

 

 

Linda Simon, Department of Human Resources

 

 

 

 

Action:

The Commission voted to conduct Item # 19 in closed session.
(Vote of 4 to 0)

 

Vote on whether to hold agenda Item #20 in Closed Session—Action Item.  (Item No. 16)

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))

 

 

 

Speakers:

Frank Lee, Appellant

 

 

 

Linda Simon, Department of Human Resources

 

 

 

 

 

 

Action:

The Commission voted to conduct Item # 20 in closed session.
(Vote of 4 to 0)

 

 

 

 

 

The Closed Session started at 3:18 p.m. in City Hall Room 400.

 

 

 

0004-13-5

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).  (Item No. 17) – Discussion and Possible Action Item

 

 

 

 

 

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.

 

 

 

 

 

 

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)).

 

 

 

 

 

 

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. 

 

 

 

 

 

Commission Negotiator:  Jennifer Johnston, Executive Officer

Organization:  All

 

 

 

 

               

 

 

 

 

 

The following individuals were present for Item #17:

 

 

 

Kate Favetti, President, Civil Service Commission

 

Scott R. Heldfond, Vice President, Civil Service Commission

 

Mary Y. Jung, Commissioner, Civil Service Commission

 

E. Dennis Normandy, Commissioner, Civil Service Commission

 

Jennifer Johnston, Executive Officer, Civil Service Commission

 

Sandra Eng, Civil Service Commission

 

Lizzette Henríquez, Civil Service Commission

 

Donna Kotake, Department of Human Resources

 

Sallie Gibson, Deputy City Attorney

 

 

0218-10-7

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.  (Item No. 18)

 

 

 

The following individuals were present for Item #18:

 

 

 

Kate Favetti, President, Civil Service Commission

 

Scott R. Heldfond, Vice President, Civil Service Commission

 

Mary Y. Jung, Commissioner, Civil Service Commission

 

E. Dennis Normandy, Commissioner, Civil Service Commission

 

Jennifer Johnston, Executive Officer, Civil Service Commission

 

Sandra Eng, Civil Service Commission

 

Lizzette Henríquez, Civil Service Commission

 

Donna Kotake, Department of Human Resources

 

Sallie Gibson, Deputy City Attorney

 

Alice Villagomez, San Francisco Police Department

 

John Alden, San Francisco Police Department

 

 

0334-10-6

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.  (Item No. 19)

 

 

 

 

The following individuals were present for Item #19:

 

 

 

Kate Favetti, President, Civil Service Commission

 

Scott R. Heldfond, Vice President, Civil Service Commission

 

Mary Y. Jung, Commissioner, Civil Service Commission

 

E. Dennis Normandy, Commissioner, Civil Service Commission

 

Jennifer Johnston, Executive Officer, Civil Service Commission

 

Sandra Eng, Civil Service Commission

 

Lizzette Henríquez, Civil Service Commission

 

Donna Kotake, Department of Human Resources

 

Sallie Gibson, Deputy City Attorney

 

Svetlana Vaksberg, Department of Human Resources

 

Linda Simon, Department of Human Resources

 

Magaly Fernandez, Department of Human Resources

 

John Alden, San Francisco Police Department

 

James Spillane, San Francisco Police Department

 

Frank Lee, Appellant

 

 

 

0355-10-6

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.  (Item No. 20)

 

 

 

The following individuals were present for Item #20:

 

 

 

Kate Favetti, President, Civil Service Commission

 

Scott R. Heldfond, Vice President, Civil Service Commission

 

Mary Y. Jung, Commissioner, Civil Service Commission

 

E. Dennis Normandy, Commissioner, Civil Service Commission

 

Jennifer Johnston, Executive Officer, Civil Service Commission

 

Sandra Eng, Civil Service Commission

 

Lizzette Henríquez, Civil Service Commission

 

Donna Kotake, Department of Human Resources

 

Sallie Gibson, Deputy City Attorney

 

Svetlana Vaksberg, Department of Human Resources

 

Linda Simon, Department of Human Resources

 

Magaly Fernandez, Department of Human Resources

 

John Alden, San Francisco Police Department

 

James Spillane, San Francisco Police Department

 

Frank Lee, Appellant

 

 

Closed Session ended at 4:57 p.m.; the Civil Service Commission reconvened in Open Session at 4:58 p.m.  (Item No. 21)

 

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

 

 

 

 

 

Speakers:

None.

 

 

 

 

 

 

Action:

The Commission voted to disclose its action conducted in Closed Session; the Commission accepted the report and accepted Human Resources Director’s request to rescind the proposal to amend to Rule Series 020 – Sick Leave.  (Vote of 4 to 0)

 

 

 

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

 

 

 

 

 

Speakers:

None.

 

 

 

 

 

 

Action:

The Commission voted not to disclose any or all discussions held in closed session.  (Vote of 4 to 0)

 

 

 

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

 

 

 

 

Speakers:

None.

 

 

 

 

 

 

Action:

The Commission voted not to disclose any or all discussions held in closed session.  (Vote of 4 to 0)

 

           

 

 

 

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

 

 

 

 

 

Speakers:

None.

 

 

 

 

 

 

Action:

The Commission voted not to disclose any or all discussions held in closed session.  (Vote of 4 to 0)

 

 

 

 

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS  (Item No. 22)

 

 

 

None.

 

 

 

ADJOURNMENT  (Item No. 23)

 

 

 

5:04 p.m.

 

 

 

The Commission adjourned the meeting in memory of Oscar Rivas (retired City employee), who passed away on March 15, 2013.