Civil Service Commission - April 7, 2014 - Meeting Minutes
MINUTES
Regular Meeting
April 7, 2014
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
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CALL TO ORDER |
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2:01 p.m. |
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ROLL CALL |
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President Scott R. Heldfond |
Present |
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Vice President E. Dennis Normandy |
Present |
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Commissioner Douglas S. Chan |
Present |
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Commissioner Kate Favetti |
Present |
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Commissioner Gina M. Roccanova |
Present (Not Present for Item #s 1 through 8) |
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President Scott R. Heldfond presided. |
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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 (Item No. 2) |
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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. |
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APPROVAL OF MINUTES (Item No. 3) |
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Regular Meeting of March 17, 2014 |
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Action: |
Adopted the minutes. (Vote of 4 to 0) |
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ANNOUNCEMENTS (Item No. 4) |
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None. |
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HUMAN RESOURCES DIRECTOR’S REPORT (Item No. 5 ) |
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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. |
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EXECUTIVE OFFICER’S REPORT |
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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. |
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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) |
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Speakers: |
Luz Morganti, Civil Service Commission |
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Action: |
Accepted the Report. (Vote of 4 to 0) |
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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 |
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Speakers: |
None. |
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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 |
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March 17, 2014: |
Postponed PSC# 42855-13/14 to April 7, 2014. The department representative failed to appear. (Vote of 3 to 0) |
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Speaker: |
Rachel Cukierman, Controller’s Office |
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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) |
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0053-14-8 |
Review of Request for Approval of Proposed Personal Services Contract Number 4030-11/12. (Item No. 9) |
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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 |
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March 17, 2014: |
Postponed PSC #4030-11/12 to April 7, 2014. The department representative failed to appear. (Vote of 3 to 0) |
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Speaker: |
Maggie Johnson, Office of Environment |
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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 |
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0044-14-5 |
Recommendation to Adopt the Proposed Revisions to the Civil Service Commission’s 1996 Policy on Exempt Appointments. (Item No. 10) |
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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) |
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Speakers: |
Jennifer Johnston, Executive Officer |
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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) |
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Speakers: |
Jennifer Johnston, Executive Officer |
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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)
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SEPARATIONS AGENDA |
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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) |
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Speakers: |
Lavena Holmes, Port of San Francisco |
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Pat Karinen, Pile Drivers Local Union No. 34 Representative |
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Tyler Paetkau, Appellant’s Attorney |
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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.) |
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Public comment on all matters pertaining to Items #14 through #18. (Item No. 13) |
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Speakers: |
None. |
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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)) |
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Speakers: |
None. |
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Action: |
The Commission voted to conduct Item #16 in Closed Session. (Vote of 5 to 0) |
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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)) |
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Speakers: |
None. |
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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) |
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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: |
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Scott R. Heldfond, President, Civil Service Commission |
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E. Dennis Normandy, Vice President, Civil Service Commission |
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Kate Favetti, Commissioner, Civil Service Commission |
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Gina Roccanova, Commissioner, Civil Service Commission |
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Douglas Chan, Commissioner, Civil Service Commission |
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Jennifer Johnston, Executive Officer, Civil Service Commission |
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Sandra Eng, Civil Service Commission |
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Jennifer Bushman, Civil Service Commission |
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Donna Kotake, Department of Human Resources |
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Linda Simon, Department of Human Resources |
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Magaly Fernandez, Department of Human Resources |
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John Alden, San Francisco Police Department Representative |
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San Francisco Police Department Representative |
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San Francisco Police Department Representative |
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Frank Lee, Appellant |
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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) |
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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) |
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Action: |
Adopted the report. Sustained the decision of the Human Resources Director; denied the appeal by Frank Lee. (Vote 5 to 0) |
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(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 |
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The following individuals were present for Item #17: |
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Scott R. Heldfond, President, Civil Service Commission |
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E. Dennis Normandy, Vice President, Civil Service Commission |
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Kate Favetti, Commissioner, Civil Service Commission |
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Gina Roccanova, Commissioner, Civil Service Commission |
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Douglas Chan, Commissioner, Civil Service Commission |
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Jennifer Johnston, Executive Officer, Civil Service Commission |
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Sandra Eng, Civil Service Commission |
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Jennifer Bushman, Civil Service Commission |
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Donna Kotake, Department of Human Resources Svetlana Vaksberg, Department of Human Resources |
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Linda Simon, Department of Human Resources |
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Magaly Fernandez, Department of Human Resources |
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John Alden, San Francisco Police Department Representative |
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San Francisco Police Department Representative |
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San Francisco Police Department Representative |
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Frank Lee, Appellant |
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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) |
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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) |
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Action: |
Adopted the report. Sustained the decision of the Human Resources Director; denied the appeal by Frank Lee. (Vote of 5 to 0) |
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Reconvened in Open Session at 4:03 p.m. (Item No. 18) |
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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 |
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Speakers: |
None. |
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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) |
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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 |
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Speakers: |
None. |
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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) |
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS (Item No. 19) |
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None. |
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ADJOURNMENT (Item No. 20) |
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4:06 p.m. |
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