Civil Service Commission - November 3, 2014 - Meeting Minutes

CALL TO ORDER

2:04 p.m.

ROLL CALL

President E. Dennis Normandy

Present

Vice President Douglas S. Chan

Present

Commissioner Kate Favetti

Present

Commissioner Scott R. Heldfond

Present

Commissioner Gina M. Roccanova

Present

President E. Dennis Normandy presided.

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

President E. Dennis Normandy asked for a minute of silence in memory of Priscilla Moreto, a longtime employee of the Controller’s Office who was tragically killed outside City Hall.

APPROVAL OF MINUTES - Action Item

Regular Meeting of October 6, 2014

Action:

Adopted the minutes as amended.   (Vote of 5 to 0)

ANNOUNCEMENTS

None.

0231-14-1

Commendation for Jennifer Johnston, Executive Director, Civil Service Commission for her dedicated service to the City and County of San Francisco.  (Item No. 5)

Speakers:

Jennifer Johnston, Deputy City Administrator

Action:

Accepted the Commendation.  (Vote of 5 to 0)

HUMAN RESOURCES DIRECTOR’S REPORT  (Item No. 6)

Micki Callahan, Human Resources Director reported that in light of the events in Texas and the nationwide concern about Ebola arriving in our area,  people have legitimate concerns that we
may encounter a case here in San Francisco considering the amount of people who travel to
San Francisco from all over the world.  The Department of Public Health, Fire Department, and
the Department of Emergency Services have been leading a huge planning program. Per the Mayor’s request we have been meeting with Labor Unions who represent people who are the
most likely to come into contact if we should have an Ebola patient, so that would be Public
Health’s Register Nurse, Health Workers, Police Department, Fire Department, and a number of others.  Dr. Tomas Aragon, who is a leader in the field, did a presentation which was very productive.  We are going to have another meeting at the end of this month and the City has
adopted protocols which exceed those from the Department of Disease Control out of concern
for employees’ safety.

Ms. Callahan also reported that a memo was sent out to remind departments of the limitations in
the Charter and the MOUs in respect to the use of Temporary Exempt As Needed employees Category 16, requirements, and some new limitations; primarily more information is required so
there will be better justification in the system if the department wants to hire Temporary Exempt employees in Category 16.

EXECUTIVE OFFICER’S REPORT  (Item No. 7)

None.

0234-14-8

Review of Request for Approval of Proposed Personal Services Contracts.
(Item No. 8)

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

41289-14/15

Airport Commission

$6,000,000

As-Needed Construction Management (CM) Support Services requiring specialized experience in airport construction projects including, but not limited to specific expertise in design/bid/build, design/build, and other alternative delivery method projects. CM services may include: 1) Construction Inspection Services, 2) Resident Engineering and/or Office Engineering Services, 3) Special Inspection and Testing, 4) Material Testing and Reporting, 5) Surveying Services, and 6) Other CM services as required. Contractor will provide CM support services for various projects at the San Francisco International Airport (SFO), including but not limited to projects in the design, construction and post construction phases of work. Anticipated projects include: Boarding Area A 400 Hertz System and Infrastructure Improvements, Terminal 3 East Improvements, Central Plant Renovation, Generator and Diesel Fuel System Testing, Maintenance and Repair, Firehouse Number 3 and South Field Checkpoint Relocation, and other related projects.

Regular

6/30/2020

46529-13/14

Public Health

$522,648

Provide fiscal intermediary services for the California Tuberculosis (TB) Controller’s Association (CTCA), including resource management and support of the CTCA Executive Administrator, who will coordinate TB-related training opportunities for DPH staff to acquire Continuing Medical Education (CME) units and Continuing Education Units (CEUs), coordination of policy development for TB screening, treatment, enforcement, and compliance with mandated State and local functions, and support for regionalized development of outreach to the media, private providers, community based organizations, the public and decision makers about TB.

Regular

6/30/2018

45648-14/15

Public Library

$647,750

Library seeks a sole-source agreement with Cengage Learning Inc. Cengage Learning, in partnership with Smart Horizons Career Online Education, offers an 18-credit, career-based online high school diploma program designed to prepare students for entry into the workplace. Students earn an accredited high school diploma plus a career certificate. It is the only program of its kind. The Library’s new Learning & Literacy Center will administer the program, working with our Project Read staff and community partners to identify prospective students. The scope of services includes online assessment to identify students who can be successful in the program; customized and in-depth program implementation training for library staff facilitators who will work directly with the students; student coaching (online and by phone); student recruiting and marketing support, curriculum including 18 credits (14 academic and 4 career); coursework in language arts, social studies, mathematics, and science, plus career electives offering eight career tracks. The Contractor shall be required to enroll and educate 125 students during the first year, 150 students during the second year and 175 students during the third year.

Regular

5/31/2018

4028-09/10

General Services Agency – City Admin

Current Approved Amount

$500,000

Increase Amount Requested

$0

New Total Amount Requested

$500,000

The Fleet Management Division of GSA proposes to supplement the City's vehicle fleet by contracting with two car sharing vendors (Zipcar In., and City CarShare) to make additional vehicles available during peak demands for City employees to use on official city business. City departments would pay an hourly/mileage fee for each actual use. This proposal is consistent with Fleet Management's goals to gain efficiencies and create accountability while managing costs and lowering greenhouse gas emissions.

Modi-

fication

Current Approved Duration

8/24/2009-2/23/2014

Additional Duration Requested

2/24/2014-5/31/2015

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

35583-13/14

City Planning

Current Approved Amount

$100,000

Increase Amount Requested

$300,000

New Total Amount Requested

$400,000

Within the Pavement to Parks Program, a non-profit organization will serve as technical assistance provider and fiscal sponsor for local neighborhood groups, businesses, individuals, and other interested organizations to facilitate the discussions, community design, funding, implementation, and maintenance of Pavement to Parks projects. The Technical Assistance and Neighborhood Sponsor will facilitate and establish partnerships with interested neighborhood organizations. Before any funds are to be committed or temporary installations, the Technical Assistance and Neighborhood Sponsor must establish a Memorandum of Understanding (MOU) with such interested local neighborhood groups, business, or other organization, with prior review and approval by the Planning Department Liaison.

Modi-

fication

Current Approved Duration

12/01/2013-10/31/2018

Speakers:

None.

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 5 to 0)

0232-14-1

Proposed Civil Service Commission Meeting Schedule for Calendar Year 2015. 

(Item No. 9)

Speakers:

None.

Action:

Accepted the report.  (Vote of 5 to 0)

0196-14-5

Recommendation to Adopt Revisions to the Civil Service Commission’s Policy on Personal Services Contracts.  (Item No. 10)

September 15, 2014:

Adopted the Executive Officer’s report; directed the Executive Officer to post the proposed amendments to the Commission’s Policy on Personal Service Contracts, with the Commission’s additional revisions and on the condition that broiler plate language is added to the Notice of Actions; and directed the Executive Officer to meet and discuss the amendments with any interested stakeholders.

October 20, 2014:

Continued to the meeting of November 3, 2014 in order to meet with SEIU, Local 1021 to address their concerns and consult with Deputy City Attorney Julia Friedlander to ascertain whether the City had complied with the legal requirements for notification of revisions.

Speakers:

Sandra Eng, Acting Executive Officer

Action:

Accepted the report and adopted the Executive Officer’s proposed amendments to the Commission’s Policy on Personal Services Contracts.  Continued with the meeting scheduled for Civil Service Commission staff to meet with SEIU, Local 1021 to address their concerns.  (Vote of 5 to 0)

0216-14-5

Recommendation to Adopt Proposed Amendments to Civil Service Rule 412.30 Tenure of Eligible Lists; and Rule 412.31 Provision for Automatic Expiration of Eligible Lists.
(Item No. 11)

October 6, 2014:

Accepted the Acting Executive Officer’s report; directed the Acting Executive Officer to post the proposed Rule 412.30 and 412.31 for adoption following meet and confer with the affected labor union.

October 20, 2014:

Partially accepted the staff report and adopted the amendments for the one year minimum duration to Civil Service Rules 412.30 Tenure of Eligible Lists and 412.31 Provision for Automatic Expiration of Eligibles Lists.  However, the Commission continued to the next meeting of November 3, 2014 to further discuss reducing the maximum duration of the eligible list from four to three years.

Note: Commissioner Favetti noted three reasons she dissented in reducing the maximum duration from four to three years: 1) MTA currently has the authority to establish three year lists; 2) limits the flexibility in the authority of the MTA’s Director; and (3) it is contrary to Citywide standards of eligible lists.

Speakers:

Sandra Eng, Acting Executive Officer

Action:

Postponed to a future meeting to allow Civil Service Commission staff to meet with the Municipal Transportation Agency to discuss maximum duration.  (Vote of 5 to 0)

0144-14-4

Appeal by Kristina Juco of the Rejection of her Application for the 1210 Benefits Analyst Examination.  (Item No. 12)

Speakers:

None.

Action:

Adopted the report and denied the appeal by Kristina Juco.
(Vote of 5 to 0)  Ms. Juco failed to appear.

0186-14-4

Appeal by Nyi Nyi Myint of the Rejection of his Application for the 7371 Electrical System Mechanic Examination with the Municipal Transportation Agency.
(Item No. 13)

Speakers:

None.

Action:

Adopted the report and denied the appeal by Nyi Nyi Myint.
(Vote of 5 to 0)  Mr. Myint failed to appear.

0194-14-4

Appeal by Alicia B. Wong Hin of the Rejection of her Application for the 8207 Building and Grounds Patrol Officer Examination.  (Item No. 14)

Speakers:

Amber Lytle, Department of Human Resources

Donna Marion, San Francisco Public Library

Alicia B. Wong Hin, Appellant

Action:

Adopted the report and denied the appeal by Alicia B. Wong Hin.
(Vote of 5 to 0)

0181-14-1

Filling the vacancy of the position of Executive Officer – Personnel Matter.
(Item No. 15)

A)

Public Comment on all matters pertaining to the Agenda item and the potential closed session.

None.

B)

Vote on whether to hold closed session pursuant to San Francisco Administrative Code Section 67.10 (b) and California Government Code Section 54957 (b) (1) -  Public Employee Appointment – Executive Officer. – Action Item

The Commission voted to hold a closed session.  (Vote of 5 to 0)

The Closed Session started at 3:26 p.m. in City Hall, Room 400. The following individuals were present:

E. Dennis Normandy, President, CSC

Douglas Chan, Vice President, CSC

Kate Favetti, Commissioner, CSC

Scott Heldfond, Commissioner, CSC

Gina Roccanova, Commissioner, CSC

Sandra Eng, Civil Service Commission

Lizzette Henríquez, Civil Service Commission

Ted Yamasaki, Department of Human Resources

1)

PERSONNEL MATTER - Public Employee Appointment – Executive Officer (Discussion and Possible Action Item)

California Government Code Section 54957 (b) (1) and San Francisco Administrative Code Section 67.10 (b)

Closed Session ended at 3:32 p.m.

0181-14-1  (cont.)

C)

Reconvened in open session at 3:33 p.m.

1)

Vote to elect whether to disclose any or all discussions held in closed session.  (San Francisco Administrative Code Section 67.12(a).
(Action Item)

2)

Disclosure of action taken in closed session pursuant to California Government Code Section 54957.1 (a) (5) and San Francisco Administrative Code Section 67.12(b) (4).

The Commission voted not to disclose any or all discussions held in closed session.  (Vote of 5 to 0)

August 22, 2014:

The Commission agreed on the following actions:

1. Allocated a budget not to exceed $15,000 for a recruitment firm that will undertake the majority of the work under the joint direction of Ted Yamasaki and a Subcommittee/Task Force working together.
2. Commissioner Favetti will assist Commission President Normandy in screening who to interview, with the agreement that as the process is shaped it will be reported to the Commission.  And once the finalists are chosen, the Commission will conduct interviews.
3. The Subcommittee and Mr. Yamasaki will determine the appropriate scope of the recruitment, with the initial preference being the Bay Area and then the State of California in light of concerns to limit costs, as a suggestion for the recruiter to consider.  (Vote of 4 to 0)
4. Request the Executive Officer to review interview questions, provide input on the selection process and regularly update the Civil Service Commission on the recruitment process at these meetings.
5. Adopt the staff report subject to the above resolutions, and adopt recommendations 3, 4 and 5 of the Executive Officer’s staff report: the Subcommittee is to update the Executive Officer announcement, including amendments to the minimum and desirable qualifications with the advice of the recruiter to ensure a healthy pool of candidates; and schedule closed session hearings of the Commission when appropriate in recognition of the interest of confidentiality of applications and applicants.

October 20, 2014:

The Commission voted not to disclose any and all discussions held in Closed Session.

Action:

The Commission voted not to disclose any and all discussions held in Closed Session.  (Vote of 5 to 0)

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS  (Item No. 16)

None.

ADJOURNMENT  (Item No. 17)

3:34 p.m.