City and County of San FranciscoCivil Service Commission

Civil Service Commission - April 7, 2014 - Meeting Agenda

Civil Service Commission - April 7, 2014

                                                                            AGENDA

                                                                     Regular Meeting

                                                                         April 7, 2014

 

 

2:00 p.m.

ROOM 400, CITY HALL

1 Dr. Carlton B. Goodlett Place

 

A request to hear an item after 5:00 p.m. 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. 

 

CALL TO ORDER & ROLL CALL

 

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

 

APPROVAL OF MINUTES

 

ANNOUNCEMENTS

 

HUMAN RESOURCES DIRECTOR’S REPORT

 

EXECUTIVE OFFICER’S REPORT

 

RATIFICATION AGENDA

 

REGULAR AGENDA

 

SEPARATIONS AGENDA

 

SPECIAL ORDER OF BUSINESS

 

CLOSED SESSION

 

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, CA 94102.  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 8:00 a.m. to 5:00 p.m., Monday through Friday.

 

  1. 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.

 

  1. 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.

 

  1. Policy on Materials being Considered by the Commission

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 on the Civil Service Commission’s website at www.sfgov.org/civilservice, and in its office located at 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102.  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 will be available for public inspection at the Civil Service Commission’s during normal office hours (8:00 a.m. to 5:00 p.m. Monday through Friday).

 

  1. Policy and Procedure for Hearings to be Scheduled after 5:00 p.m. and Requests for Postponement

A request to hear an item after 5:00 p.m. 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.

 

  1. 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.

 

  1. 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);
  1. Discussion of evidence;
  1. Corroborating witnesses, if necessary; and
  1. Closing remarks.

The Commission may allocate five (5) minutes for each side to rebut evidence presented by the other side.

 

  1. 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/.

 

  1. 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.

 

  1. 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 Civic Center area.  City Hall is wheelchair accessible.  The closest accessible BART station is the Civic Center, 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 Civic Center.  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 4:00 p.m. 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 Victor Young, 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/.

 

 

 

 

 

City and County of San Francisco

Civil Service Commission

 

Agenda for Regular Meeting

April 7, 2014

2:00 p.m.

 

ITEM NO.

 

 

 

 

(1)

CALL TO ORDER AND ROLL CALL

 

 

 

 

 

President Scott R. Heldfond

 

 

 

Vice President E. Dennis Normandy

 

 

 

Commissioner Douglas S. Chan

 

 

 

Commissioner Kate Favetti

 

 

 

Commissioner Gina M. Roccanova

 

 

 

 

 

(2)

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

 

 

 

 

(3)

APPROVAL OF MINUTES - Action Item

 

 

 

 

 

Regular Meeting of March 17, 2014

 

 

 

 

 

Recommendation:

Adopt the minutes.

 

 

 

 

(4)

ANNOUNCEMENTS

 

 

 

 

 

Announcement of changes to the agenda.

 

 

 

 

 

Other announcements.

 

 

 

(5)

HUMAN RESOURCES DIRECTOR’S REPORT

 

 

 

Updates on ongoing business.

 

Other reports.

 

 

(6)

EXECUTIVE OFFICER’S REPORT

 

 

 

Progress Report – Salary Setting for the City and County of San Francisco Board of Supervisors for a Five (5) Year Cycle, Effective July 1, 2014 through June 30, 2019, in accordance with Charter Section 2.100.  (File No. 0070-14-1) – Action Item

 

 

         

 

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.

 

(7)

Review of Request for Approval of Proposed Personal Services Contracts.

(File No. 0073-14-8) – Action Item

 

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

40505-13/14

AIRPORT

COMMISSION

$300,000

Maintenance of San Francisco International Airport (SFO) four chillers (3,000-ton and 6,000 ton) with in the Central Plant that provides cooling throughout the terminals and boarding areas. The 6,000-ton chiller is one of the largest centrifugal chillers on the West Coast. Explanation for 5 year term: SFO is planning on entering into a new 5 year contract to maintain the chillers in our Central Plant and that is why we are seeking approval for this term.

Regular

6/30/2019

41911-13/14

AIRPORT

COMMISSION

$25,000,000

The work at San Francisco International Airport (SFO) includes a full range of Architectural and Engineering Services for planning, programming, design, engineering, and construction administrative services necessary to develop the functional and conceptual design components for the Terminal 1 Redevelopment Program (T1 Program) Enabling Projects, South Field and Plot 700 Projects. The projects include : 1) temporary Boarding Area Band Passenger Security Screening Check point with all required Airport security and operational systems; 2) utility infrastructure upgrades and relocations; 3) security and special systems improvements; 4) various airport, airline and agency related tenant relocations; 5) airfield infrastructure and taxi lane relocations; 6) South Field facility relocations including the fire house , vehicle screening check point, ground transportation unit (GTU), Plot 700; and 6) demolition and hazardous material abatement.

Regular

12/31/2018

45959-13/14

MUNICIPAL TRANSPORTATION

AGENCY

$3,000,000

The Consultants will provide supplemental architectural and engineering services for extensive analysis, design, bid documents, and project management services necessary for facility restorations and equipment upgrades for 38 parking facilities and ground surface lots. However, the majority of the design and project will be provided by in-house staffing resources from the San Francisco Municipal Transportation Agency (SFMTA) and San Francisco Department of Public Works (DPW).

Regular

5/31/2018

45984-13/14

MUNICIPAL TRANSPORTATION AGENCY

$490,000

The consultant will prepare the Project Study Report for the Southwest Subway/19th Avenue Project and advance conceptual engineering that is mandated by Caltrans. This contract work requires unique knowledge of the Caltrans requirements to approve projects on the State of California highways (such as 19th Avenue).  Specialized technical work is needed in several areas, including rail engineering; transportation planning for traffic, pedestrians, bicyclists and public transit; funding strategies; and community involvement.

Regular

4/1/2016

44930-13/14

PUBLIC UTILITIES COMMISSION

$1,000,000

San Francisco Public Utilities Commission (SFPUC) is developing an electronic bidding system for city contracts which will eventually be available to all City Departments. This contract will bring on SharePoint and K2 expertise and expert developers to develop the SF Bid application. The developers will work with the project team of city employees, and under the direction of SFPUC Project Managers. A transfer of knowledge to City employees is a requirement.

Regular

4/30/2016

4107-10/11

ADULT PROBATION

Current Approved Amount

$100,000

Increase Amount Requested

$30,000

New Total Amount Requested

$130,000

The Court ordered conditions of probation require all probationers to not use all illegal drugs. Drug Testing will enable the Adult Probation Department to better protect public safety by monitoring and enforcing probationer compliance with Court order. Contractor will perform verification.

Modi-

fication

6/30/2016

4074-11/12

PORT

Current Approved Amount

$375,000

Increase Amount Requested

$0

New Total Amount Requested

$375,000

The Port original planned to issue this contract in 2012, but due to staff changes and the workload of the America’s Cup 34 (AC34) preparations, the contract solicitation was delayed. The Port now intends to move forward with the contract solicitation in the first quarter of 2014 and limit the term of the contract to no more than four (4) years. (Please see prior initial PSC attached)

Modi-

fication

12/31/2018

 

 

Recommendation:

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

 

(8)

Review of Request for Approval of Proposed Personal Services Contract Number 42855-13/14.  (File No. 0053-14-8) – Action Item

 

PSC#

Department

Amount

Type of Service

Type of Service

Duration

42855-13/14

CONTROLLER’S OFFICE

$5,000,000

Perform specialized audit, analytical and technical assistance consulting and training services to maximize the effectiveness of the Controller’s Office City Services Auditor function to assess and improve the financial condition and performance of City departments.

Regular

2/28/2019

 

 

March 17, 2014:

Postponed PSC # 42855-13/14 to April 7, 2014.  The department representative failed to appear.  (Vote of 3 to 0)

 

 

 

 

Recommendation:

Adopt the report.  Approve the request for PSC# 42855-13/14; notify the Office of the Controller and the Office of Contract Administration.

 

 

 

(9)

Review of Request for Approval of Proposed Personal Services Contract Number 4030-11/12.  (File No. 0053-14-8) – Action Item

 

 

 

PSC#

Department

Amount

Type of Service

Type of Service

Duration

4030-11/12

ENVIRONMENT

Current Approved Amount

$75,000

Increase Amount Requested

$122,000

New Total Amount Requested

$197,000

The contractor will provide the pick-up and disposal of residentially generated, discarded pharmaceuticals collected at designated pharmacies and police stations in San Francisco. Pick-ups must be available on both a regularly scheduled and on-call basis, depending on the collection site’s individual needs. The contractor will also provide supplies and equipment as necessary for accomplishing this task.

Modi-

fication

6/30/2016

 

 

March 17, 2014:

Postponed PSC #4030-11/12 to April 7, 2014.  The department representative failed to appear.  (Vote of 3 to 0)

 

 

 

 

Recommendation:

Adopt the report.  Approve the request for PSC# 4030-11/12; notify the Office of the Controller and the Office of Contract Administration.

 

REGULAR AGENDA

 

(10)

Recommendation to Adopt the Proposed Revisions to the Civil Service Commission’s 1996 Policy on Exempt Appointments.  (File No. 0044-14-5) – Action Item

 

 

 

March 3, 2014:

Adopted the Executive’s Officer’s report; directed the Executive Officer to post the proposed revisions to the Commission’s policy on exempt appointments, and to meet and discuss the proposed revisions with any interested stakeholders.  (Vote of 5 to 0)

 

 

 

 

Recommendation:

Adopt the Executive’s Officer’s report; Adopt the updated policy on exempt appointments as revised, to be effective immediately.

 

(11)

Recommendation to Revise Civil Service Rule 414.37.7 (Exempt Appointments Pursuant to Charter Section 8A.104) – Affecting Employees in Managerial Classifications/Positions at the Municipal Transportation Agency.  (File No. 0074-14-5) – Action Item

 

 

 

 

Recommendation:

Adopt the Executive’s Officer’s report; Direct the Executive Office to post the proposed revisions to Civil Service Rule 414.37.7 for adoption as required under the Charter and Civil Service Rules, and to meet and discuss the proposed revisions with the Municipal Executives’ Association and any other interested stakeholders. 

 

SEPARATIONS AGENDA

 

(12)

Request for Hearing by Pat Karinen on Behalf of Jim Meisenbach on his Future Employability with the City and County of San Francisco. 

(File No. 0350-11-7) – Action Item

 

 

 

 

Recommendation:

Adopt the staff report; Uphold the recommendation of the Port of San Francisco’s Executive Director and restrict the future employment of James Meisenbach as follows: Cancel any current examination and eligibility status; No future employment with the Port of San Francisco; No future employment with the City and County of San Francisco.

 

SPECIAL ORDER OF BUSINESS  -  3:00 P.M.

 

CLOSED SESSION AGENDA

 

(13)

Public comment on all matters pertaining to Items #14 through #18.

 

 

(14)

Vote on whether to hold Item #16 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))

 

 

(15)

Vote on whether to hold Item #17 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))

 

 

 

 

(16)

Closed Session – Appeal by Frank Lee of the Human Resources Director’s Determination of Insufficient Evidence to Sustain His Claim of Retaliation and Discrimination Based on Race and Ethnicity.  (File No. 0334-10-6) – Action Item

 

 

 

April 1, 2013:

The Commission voted to go into closed session.  (Vote of 4 to 0)

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

 

 

 

 

December 2, 2013:

The Commission voted to reschedule Item #14 to January 6, 2014, dependent upon availability of all parties, to allow Commission staff to notify the accused of the scheduled hearing and to confirm their decision not to waive their rights to confidentiality.  (Vote of 4 to 0)

 

 

 

(17)

Closed Session – Appeal by Frank Lee of the Human Resources Director’s Determination of Insufficient Evidence to Sustain His Claim of Retaliation and Discrimination Based on Race.  (File No. 0355-10-6) - Action Item

 

 

 

April 1, 2013:

The Commission voted to go into closed session.  (Vote of 4 to 0)

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

 

 

 

December 2, 2013:

The Commission voted to reschedule Item #15 to January 6, 2014, dependent upon availability of all parties, to allow Commission staff to notify the accused of the scheduled hearing and to confirm their decision not to waive their rights to confidentiality.  (Vote of 4 to 0)

 

 

(18)

Reconvene in Open Session.

 

 

 

a)

Vote on whether to elect to disclose any or all discussions held on Item #16 in Closed Session (San Francisco Administrative Code Section 67.12 (a)) – Action Item

 

 

 

b)

Vote on whether to elect to disclose any or all discussions held on Item #17 in Closed Session (San Francisco Administrative Code Section 67.12 (a)) – Action Item

 

 

(19)

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS

 

 

 

 

(20)

ADJOURNMENT