City and County of San FranciscoCivil Service Commission

Civil Service Commission - April 7, 2014 - Meeting Minutes

Civil Service Commission - April 7, 2014

    MINUTES

Regular Meeting

   April 7, 2014

 

   2:00 p.m.

ROOM 400, CITY HALL

     1 Dr. Carlton B. Goodlett Place

 

 

 

CALL TO ORDER

 

 

 

2:01 p.m.

 

 

 

ROLL CALL

 

 

 

President Scott R. Heldfond

Present

 

Vice President E. Dennis Normandy

Present

 

Commissioner Douglas S. Chan

Present

 

Commissioner Kate Favetti

Present

 

Commissioner Gina M. Roccanova

Present (Not Present for Item #s 1 through 8)

 

 

 

President Scott R. Heldfond presided.

 

 

 

REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION BUT NOT APPEARING ON TODAY’S AGENDA  (Item No. 2)

 

 

 

Amy Dawson, a former Redevelopment Agency employee, thanked the Commission for helping her to obtain a manager position at the Public Utilities Commission’s watershed location in Sunol.  She is delighted and is very much enjoying her new career opportunity.

 

 

 

APPROVAL OF MINUTES  (Item No. 3)

 

 

 

Regular Meeting of March 17, 2014

 

 

 

Action:

Adopted the minutes.  (Vote of 4 to 0)

 

 

 

ANNOUNCEMENTS  (Item No. 4)

 

 

 

None.

       

 

 

 

 

 

 

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

 

 

Donna Kotake, Workforce Development Director, announced that Human Resources Director Micki Callahan is currently involved in labor negotiations and that there may be a few issues that will need to be brought to the Civil Service Commission if the City and its unions are not successful in resolving them through the negotiations process.  All labor negotiations will conclude by May 15, 2014.

 

 

EXECUTIVE OFFICER’S REPORT

 

 

Jennifer Johnston, Executive Officer, announced that the Civil Service Commission has officially migrated to the City’s new website platform.  Although Commission staff is still working on resolving some of the formatting and content issues, Ms. Johnston encouraged individuals to visit the new website.

 

 

0070-14-1

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.  (Item No. 6)

 

 

 

Speakers:

Luz Morganti, Civil Service Commission

 

 

 

 

Action:

Accepted the Report.  (Vote of 4 to 0)

       

 

 

RATIFICATION AGENDA

 

 

0073-14-8

Review of Request for Approval of Proposed Personal Services Contracts.

(Item No. 7)

 

 

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

 

 

 

Speakers:

None.

 

 

 

 

Action:

Approved the request for all PSCs.  Adopted the report; notified the Office of the Controller and the Office of Contract Administration.  (Vote of 4 to 0)

 

 

0053-14-8

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

 

 

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)

 

 

 

 

 

Speaker:

Rachel Cukierman, Controller’s Office

 

 

 

 

 

 

Action:

Adopted the report.  Approved the request for PSC# 42855-13/14; notified the Office of the Controller and the Office of Contract Administration.  (Vote of 4 to 0)

 

 

 

 

 

0053-14-8

Review of Request for Approval of Proposed Personal Services Contract Number 4030-11/12.  (Item No. 9)

 

 

 

 

           

 

 

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)

 

 

 

 

Speaker:

Maggie Johnson, Office of Environment

 

 

 

 

Action:

Adopted the report.  Approved the request for PSC# 4030-11/12; notified the Office of the Controller and the Office of Contract Administration.  (Vote of 5 to 0)

 

 

REGULAR AGENDA

 

0044-14-5

Recommendation to Adopt the Proposed Revisions to the Civil Service Commission’s 1996 Policy on Exempt Appointments.  (Item No. 10)

 

 

 

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)

 

 

 

 

Speakers:

Jennifer Johnston, Executive Officer

 

 

 

 

Action:

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

(Vote 5 to 0)

 

 

0074-14-5

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.  (Item No. 11)

 

 

 

 

Speakers:

Jennifer Johnston, Executive Officer

 

Action:

Adopted the Executive’s Officer’s report; directed the Executive

 

Officer 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.  (Vote 5 to 0)

 

SEPARATIONS AGENDA

 

0350-11-7

Request for Hearing by Pat Karinen on Behalf of Jim Meisenbach on his Future Employability with the City and County of San Francisco.  (Item No. 12)

 

 

 

 

Speakers:

Lavena Holmes, Port of San Francisco

 

 

Pat Karinen, Pile Drivers Local Union No. 34 Representative

 

 

Tyler Paetkau, Appellant’s Attorney

 

 

 

 

Action:

Adopted the staff report; upheld the recommendation of the Port of San Francisco’s Executive Director and restricted the future employment of James Meisenbach as follows: Canceled 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.  (Vote 4 to 1; Commissioner Chan dissented)

 

 

CLOSED SESSION AGENDA (SPECIAL ORDER OF BUSINESS  -  3:00 P.M.)

 

 

Public comment on all matters pertaining to Items #14 through #18.  (Item No. 13)

 

 

 

Speakers:

None.

 

 

 

Vote on whether to hold Item #16 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 #16 in Closed Session. 

(Vote of 5 to 0)

 

 

 

Vote on whether to hold Item #17 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:

None.

 

 

 

Action:

The Commission voted to conduct Item #17 in Closed Session. 

(Vote of 5 to 0)

 

 

0334-10-6

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.  (Item No. 16)

 

 

 

The Closed Session on this matter started at 3:09 p.m. in City Hall Room 400.  The following individuals were present for Item #16:

 

 

 

Scott R. Heldfond, President, Civil Service Commission

 

E. Dennis Normandy, Vice President, Civil Service Commission

 

Kate Favetti, Commissioner, Civil Service Commission

 

Gina Roccanova, Commissioner, Civil Service Commission

 

Douglas Chan, Commissioner, Civil Service Commission

 

Jennifer Johnston, Executive Officer, Civil Service Commission

 

Sandra Eng, Civil Service Commission

 

Jennifer Bushman, Civil Service Commission

 

Donna Kotake, Department of Human Resources

 

Linda Simon, Department of Human Resources

 

Magaly Fernandez, Department of Human Resources

 

John Alden, San Francisco Police Department Representative

 

San Francisco Police Department Representative

 

San Francisco Police Department Representative

 

Frank Lee, Appellant

 

 

 

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)

 

 

 

 

Action:

Adopted the report. Sustained the decision of the Human Resources Director; denied the appeal by Frank Lee.  (Vote 5 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

 

 

 

The following individuals were present for Item #17:

 

 

 

Scott R. Heldfond, President, Civil Service Commission

 

E. Dennis Normandy, Vice President, Civil Service Commission

 

Kate Favetti, Commissioner, Civil Service Commission

 

Gina Roccanova, Commissioner, Civil Service Commission

 

Douglas Chan, Commissioner, Civil Service Commission

 

Jennifer Johnston, Executive Officer, Civil Service Commission

 

Sandra Eng, Civil Service Commission

 

Jennifer Bushman, Civil Service Commission

 

Donna Kotake, Department of Human Resources

Svetlana Vaksberg, Department of Human Resources

 

Linda Simon, Department of Human Resources

 

Magaly Fernandez, Department of Human Resources

 

John Alden, San Francisco Police Department Representative

 

San Francisco Police Department Representative

 

San Francisco Police Department Representative

 

Frank Lee, Appellant

 

 

 

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)

 

 

 

 

Action:

Adopted the report. Sustained the decision of the Human Resources Director; denied the appeal by Frank Lee.  (Vote of 5 to 0)

 

 

Reconvened in Open Session at 4:03 p.m.  (Item No. 18)

 

 

 

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

 

 

 

Speakers:

None.

 

 

 

Action:

The Commission voted to disclose its vote on the appeal, but not to disclose its Closed Session discussions on the item.  (Vote of 5 to 0)

 

 

 

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

 

 

 

Speakers:

None.

 

 

 

Action:

The Commission voted to disclose its vote on the appeal, but not to disclose its Closed Session discussions on the item.  (Vote of 5 to 0)

 

 

 

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS  (Item No. 19)

 

 

 

 

 

None.

 

 

 

 

 

ADJOURNMENT  (Item No. 20)

 

 

 

 

 

4:06 p.m.