A G E N D A
Regular Meeting
of
March 20, 2006
2:00 p.m.
ROOM 400, CITY HALL
1 Dr. Carlton B. Goodlett Place
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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.
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Order of Business
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CALL TO ORDER & ROLL CALL
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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APPROVAL OF MINUTES
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ANNOUNCEMENTS
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RATIFICATION AGENDA
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CONSENT AGENDA
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REGULAR AGENDA
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SEPARATIONS AGENDA
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SPECIAL ORDER OF BUSINESS AGENDA – 6:00 P.M.
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HUMAN RESOURCES DIRECTOR’S ANNOUNCEMENTS
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COMMISSIONERS’ NEW BUSINESS AGENDA
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
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ADJOURNMENT
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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 and the web address is www.sfgov.org/civil_service/. Office hours are from 8:00 a.m. to 5:00 p.m. , Monday through Friday.
B. Policy Requiring Written Reports
It is the policy of the Civil Service Commission that 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.
C. 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.
D. 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.
E. 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.
F. 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.
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);
2. Discussion of evidence;
3. Corroborating witnesses, if necessary; and
4. Closing remarks.
The Commission may allocate five (5) minutes for each side to rebut evidence presented by the other side.
G. Policy on Tape Recording of Commission Meetings
As provided in the San Francisco Sunshine Ordinance, all Commission meetings are tape-recorded. These tape recordings of open sessions are available for public review starting on the day after the Commission meeting in the Commission office between 8:00 a.m. and 5:00 p.m.
H. 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 beginning of each meeting at the time the item is heard and prior to the Commission taking any action on the item. 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.
I. 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 Frank Darby, 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.sfgov.org/bdsupvrs/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 30 Van Ness Ave., Suite 3900 , San Francisco , CA 94102 , telephone (415) 581-2300, fax (415) 581-2317 and web site http://www.sfgov.org/ethics/.
City and County of San Francisco
Civil Service Commission
Agenda for Regular Meeting
March 20, 2006
2:00 p.m.
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ITEM NO.
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(1)
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CALL TO ORDER AND ROLL CALL
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President Linda F. Richardson
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Vice President Thomas T. Ng
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Commissioner Alicia D. Becerril
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Commissioner Donald A. Casper
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Commissioner Morgan R. Gorrono
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(2)
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PUBLIC COMMENT ON MATTERS APPEARING ON THE AGENDA
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(3)
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APPROVAL OF MINUTES– Action Item
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Regular Meeting of March 6, 2006
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Recommendation:
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Approve.
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(4)
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ANNOUNCEMENTS
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Announcement of changes to agenda
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Other announcements
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RATIFICATION AGENDA
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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.
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 and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720 , San Francisco , CA 94102 .
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(5)
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Review of request for approval of proposed personal services contracts.
(File No. 0133-06-8) – Action Item
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PSC#
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Department
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Amount
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Type of Service
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Type of Approval
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Duration
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4090-05/06
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Public Utilities Commission
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$1,200,000
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Will provide coordination & work plan preparation; environmental document scoping; environmental background & field studies; alternatives analysis; preparation of draft environmental documents; public review & comment.
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Regular
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05/31/09
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4091-05/06
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City Planning
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$270,000
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Will provide historical documentation of neighborhoods & individual buildings specifically for the Market & Octavia Area Plan.
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Regular
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12/31/07
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4092-05/06
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City Planning
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$100,000
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Will provide studies & analyses for the adoption of a Visitacion Valley/Schlage Lock Redevelopment Project Area.
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Regular
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06/30/07
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4093-05/06
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Public Utilities Commission
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$2,500,000
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Will design, build & install 300 kilowatts at Woods Motor Division, 1001 Indiana & MUNI, 700 Pennsylvania .
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Regular
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01/01/08
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4077-04/05
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Public Utilities Commission
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Increase Amount
$150,000
New Amount $450,000
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Will monitor and analyze policy, regulatory and legislative developments and issues affecting the City’s interests in water, energy, wastewater, natural resources and such other areas as may be directed.
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Regular
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06/30/07
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Recommendation
of the Human
Resources Director:
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Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser.
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CONSENT AGENDA
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All matters on the Consent Agenda considered by the Civil Service Commission 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 Consent 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 Consent Agenda.
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 and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720 , San Francisco , CA 94102 .
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(6)
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Request by Zacarias Sablay, Jr. for consideration to remove a departmental ban - Department of Public Health. (File No. 0134-06-5) – Action Item
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Recommendation:
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Adopt the staff report. Approve removal of departmental ban working for the Department of Public Health.
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REGULAR AGENDA
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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 and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720 ,
San Francisco , CA 94102 .
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(7)
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Review of request for approval of proposed personal services contracts.
(File No. 0135-06-8) – Action Item
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PSC#
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Department
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Amount
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Type of Service
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Type of Approval
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Duration
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4094-05/06
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Emergency Communications
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$1,350,000
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Will install, train, and service software and hardware to enable interoperability with the Northern California Regional Terrorism Threat Assessment Center .
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Regular
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03/31/07
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Recommendation
of the Human
Resources Director:
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Adopt the Human Resources Director’s report. Notify the offices of the Controller and the Purchaser.
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(8)
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Appeal by Mohamed Hosny of the Human Resources Director’s finding of insufficient evidence to sustain a charge of disparate treatment. (File No. 0270-05-6) – Action Item
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February 21, 2006 :
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Postpone to the meeting of March 6, 2006 at the request of the Municipal Transportation Agency.
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March 6, 2006 :
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Postpone to the meeting of March 20, 2006 at the request of Mohamed Hosny.
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Recommendation:
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Adopt the staff report. Sustain the decision of the Human Resources Director; deny the appeal by Mohamed Hosny.
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(9)
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Appeal by Ruth Amernick of the Human Resources Director’s determination of insufficient evidence to support the complaint of retaliation, harassment and failure to accomodate. (File No. 0684-05-6) – Action Item
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Recommendation of
the Human Resources Director:
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Adopt the staff report. Sustain the decision of the Human Resources Director; deny the appeal by Ruth Amernick.
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(10)
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Request to correct adopted Eligible List, List ID 52816, for Class 8444 Deputy Probation Officer to add candidate Wilbert Robles and remove Luis Robles to remedy an error. (File No. 0136-06-5) – Action Item
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Recommendation of
the Human Resources Director:
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Add name of candidate Wilbert Robles to 8444 Deputy Probation Officer adopted Eligible List (ID 52816) and delete name of candidate Luis Robles to remedy an error on the 8444 Deputy Probation Officer adopted Eligible List.
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SPECIAL ATTENTION - APPELLANTS APPEARING ON THE SEPARATIONS AGENDA
As soon after 2:00 p.m. as practical, a roll call will be held of the names of persons appearing on the Employee Separations Agenda to ascertain who is present for hearing. Please respond as your name is called. Your case will be heard by the Commission in the order it appears on the Agenda unless the President grants a request to be heard out of order. The Commission will take immediate action during the roll call for those persons not in attendance.
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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 and are located in the Civil Service Commission office at 25 Van Ness Avenue, Suite 720 ,
San Francisco , CA 94102 .
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(11)
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Determination of future employability: resignation with unsatisfactory service of exempt appointment of James Howard, Parking Bureau Chief (Job Code A006) Municipal Transportation Agency/DPT. (File No. 0128-04-7) - Action Item
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March 6, 2006 :
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Postpone to the meeting of March 20, 2006 at the request of Michael Hinckley, Attorney.
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Recommendation of the Director of Transportation:
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Adopt the staff report. Sustain the decision of the Director of Transportation; deny the appeal by James Howard.
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SPECIAL ORDER OF BUSINESS – 6:00 P.M.
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(12)
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Appeal by Meta Adams of the Human Resources Director’s determination of insufficient evidence to support the charges of harassment on the basis of religion and discrimination based on race. (File No. 0067-06-6) - Action Item
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Recommendation of
the Human Resources Director:
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Adopt the staff report. Sustain the decision of the Human Resources Director; deny the appeal by Meta Adams.
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HUMAN RESOURCES DIRECTOR’S ANNOUNCEMENTS
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(13)
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General Update of the Department of Human Resources Activities and Issues.
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Recommendation:
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Discussion only.
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COMMISSIONERS’ NEW BUSINESS AGENDA
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(14)
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Discussion on the State Supreme Court review of Professional Engineers in California Government v. Morales (2005) 134 Cal.App4th 15 and specifically the issue: "Did Proposition 35 . . . repeal by implication statutes limiting the state’s authority to use private contractors to perform architectural and engineering services on public works projects and thus allow state agencies to choose to contract out such services, or did the initiative merely accord the Legislature the as-yet unexercised power to authorize private contracting in this area?"
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Consideration of participation as amicus curiae in pending litigation – Professional
Engineers in California Government v. Morales (California Supreme Court, Case No. S139917; on appeal from decision of First District Court of Appeal, No. A108641,
November 16, 2005, previously published at 134 Cal.App.4th 15) – (Item No. 0143-06-8) - Discussion and Possible Action
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a. Public comment
b. Vote of whether to hold closed session pursuant to California Government Code sec. 54956.9 and San Francisco Administrative Code sec. 67.10(d). (ACTION)
c. Closed session
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CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION – Consideration of participation as amicus curiae in pending litigation pursuant to California
Government Code sec. 54956.9 and San Francisco Administrative Code sec. 67.10(d) – Professional Engineers in California Government v. Morales (California Supreme Court, Case No. S139917; on appeal from decision of First District Court of Appeal, No. A108641, November 16, 2005, previously published at 134 Cal.App.4th 15) -- (DISCUSSION AND POSSIBLE ACTION)
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d. Vote on whether to disclose closed session discussion pursuant to San Francisco Administrative Code sec. 67.12(a). (ACTION)
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Recommendation:
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Open for discussion.
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(15)
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REQUEST TO SPEAK ON ANY MATTER WITHIN THE JURISDICTION OF THE CIVIL SERVICE COMMISSION
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(16)
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COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS
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(17)
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ADJOURNMENT
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