Submission of Written Reports - Separation Matters
Staff Reports on Separation Matters Calendared before the
Civil Service Commission
(Also referred to as “Procedure Three”)
I. Purpose
The purpose of this procedure is to assist departmental staff in preparing staff reports for hearings before the Civil Service Commission on Separation Matters as described in Rule Series 22. The procedure provides General Instructions and Commission Report Format. It also includes a Reference Guide on the Commission’s Jurisdiction on Separation Matters.
II. Introduction
The Civil Service Commission conducts hearings on appeals on future employment restrictions with the City and
and in classified civil service positions at the County ofSan Francisco and San Francisco Community College District. When taking an action, the Civil Service Commission may uphold, modify or reject the recommendation made by the Human Resources Director, appointing authority/department head, or for Service-Critical Classifications at the Municipal Transportation Agency, the Director of Transportation. San Francisco Unified School District
Appeals on recommendations on future employment are forwarded to the Civil Service Commission for a hearing when the grievance/arbitration process has been completed. The Commission’s decisions are public and made when the matter is heard. Should an appellant not appear, the Commission acts on the matter based on the written materials submitted. In all cases, the decision of the Civil Service Commission is final.
III. General Instructions
Civil Service Commission Rule 05 Series - Requirement for Written Report, states:
All matters coming before the Civil Service Commission, except matters properly heard in executive session, shall be supported by a complete report, in writing, prepared in accordance with procedures determined by the Executive Officer and shall, together with all written documentation to be presented at the hearing, be delivered to each of the Commissioners no later than 4:00 p.m. on the second business day preceding the meeting day. Any matter coming before the Commission not in compliance with this Rule shall, upon request of any Commissioner, be deemed out of order and shall be continued to the next scheduled meeting.
Reports submitted to the Civil Service Commission in support of a request for hearing must use the format and procedure prescribed in these Procedures.
All Commission reports, supporting documents, and materials must be submitted in accordance with the time lines established in this Procedure.
The Commissioners generally will not review documents which are not included in the agenda files delivered to them in advance of the Civil Service Commission meeting. Agenda files are normally delivered five (5) calendar days before the Commission meeting day. Consequently, if all materials in support of an agenda item are not received by the deadline date, the item may be held over to the next Commission meeting.
IV. Commission Report Format
A. The Civil Service Commission Report Transmittal-CSC Form 22 (Attachment F) must be fully completed and attached to the original copy only and submitted along with all required copies of the Commission report.
B. Persons preparing Commission reports may either complete Civil Service Commission Form 22 or use an identical word-processing format. In either case, please be brief, clear, and concise. The words “see attached” are not acceptable. Persons to be notified are to be listed with names and addresses on a separate sheet of paper. Form 22 and a list of persons to be notified must be submitted with the original copy of the Commission report.
C. Commission reports are to be prepared and submitted on letter size, white paper with holes punched on the left side for insertion in a 3-ring binder. Please do not staple copies or use dividers larger than letter size. Each page must be numbered consecutively at the bottom center of each page. Page numbers do not have to be typewritten, but if handwritten, must be legible. Reports submitted not in compliance with this Procedure will not be processed and will be returned to the source.
D. The original and nine (9) copies of the Commission Report with Civil Service Commission Form 22 - Civil Service Commission Report Transmittal, and the list of names and addresses of persons to be notified attached to the original copy of the Commission Report only, must be submitted to the Human Resources Director’s office.
Reports transmitted directly to the Civil Service Commission without the authorization of the Human Resources Director or designee will be rejected. The Human Resources Director or designee will transmit the submission of the report for calendaring by signing and dating in the indicated spaces on Form 22. The Human Resources Director will then forward all copies to the Executive Officer for distribution as follows:
- Form 22 Posted Time-Stamp in Commission Office
- Original: Becomes part of the official Commission
Record of Transaction
- Copies 1-5: One copy for each Commissioner (Do not
identify)
- Copy 6: Copy for Executive Officer
- Copy 7: Copy for Human Resources Director
- Copy 8: Copy for City Attorney
- Copy 9: File Copy (Sunshine Ordinance and public
Viewing file)
E. A copy of the actual letter or letters of an appeal or request for hearing and any other material submitted by the appellant in support of his/her position must also be attached by the person preparing the report.
The documents attached and other materials submitted to the Commission must be summarized in an appendix. For purposes of continuity in reconstructing the appeal, copies of all letters on the appeal must be included. Append documents to each copy of the Commission report in chronological sequence with the oldest date on the bottom and the most recent on top OR in order of reference in the staff report. Be certain that all pages of the appended documents are numbered consecutively.
The Executive Officer will add to the file any material submitted by the appellant in response to the written report and this material will be included in the nine copies for distribution.
F. Report to the Commission
- Background: In one or two paragraphs, present a synopsis including the appellant’s work history with the City and County of San Francisco; indicate the reason the matter is before the Commission; also note whether the separation has been grieved or appealed to a hearing officer, if applicable, and the outcome of the grievance or the decision of the hearing officer. Specify if this is an appeal of the recommendation on future employment restrictions or the department head’s decision to record an automatic resignation where applicable.
For example: Jane Lostherjob was discharged on January 12, 2002 from her permanent civil service position as a Senior Clerk-Typist (Job Code 1426) for inattention to duty. A grievance was filed by the
Union and heard by an arbitrator (Joe Neutral). The decision of the Director of Public Health was upheld.
Ms. Lostherjob is appealing the recommendation of the Director of Public Health to restrict her future employment with the City & County of San Francisco.
For example: A competent level of performance is essential to the efficient operation of public health programs. The Department of Public Health serves many individuals whose health may be compromised. Employees must be responsive and attentive to the duties and responsibilities assigned. Ms. Jane Lostherjob was responsible for registering patients in the neighborhood public health clinic and making sure the appropriate medical file and prescription history forms were forwarded to the patient’s health care provider. When Ms. Jane Lostherjob was inattentive to her duties, patient health was placed at risk.
Ms. Jane Lostherjob had many opportunities to improve her job performance; despite a comprehensive work plan, a training program and progressive discipline, her performance did not improve. Arbitrator Joe Neutral upheld the decision of the Director of Public Health to discharge Ms. Lostherjob.
This chart illustrates the progressive discipline in the last two (2) years:
| DATE | CHARGE | PENALTY |
|---|---|---|
| | Inattention to Duty-Failure to follow filing procedures on prescription history | Warning |
| | Inattention to Duty-Failure to follow procedures on registering patients | One-day Suspension |
| | Inattention to Duty-Failure to follow registering patients and medical records filing and forwarding procedures | Four-day Suspension |
| | Inattention to Duty-Failure to follow medical records filing and forwarding procedures; patient hospitalized as a result of failure to follow registration registration procedures | Discharge |
- Conclusion: Keep brief, concise, follow the logic of the report and link the recommendation to the department’s recommendation:
For example: Ms. Lostherjob was given many opportunities to improve her work performance; Work plans, performance appraisals, training, and progressive discipline failed to change performance; the decision of the Director of Public Health was grieved and upheld by an Arbitrator. Ms. Lostherjob did not demonstrate that she could work well in the Department of Public Health. She may, after demonstrated one year satisfactory employment outside the City and County service, be able to perform satisfactorily in another department.
- Recommendations: Reflects the action staff is requesting of the Civil Service Commission; used by Commission staff in preparing the Agenda.
For example: Cancel any current examination and eligibility status; Future employment subject to the review and approval of the Human Resources Director after satisfactory completion of one (1) year work experience outside the City & County of San Francisco; No future employment with the Department of Public Health.
- Attachments: Attach a copy of the Arbitrator’s decision, if applicable, the department’s disciplinary standards, Notice of Intent, Notice of Decision, Notice of Separation from Employment, and Separation Report. The department may include other relevant documents, as applicable.
Important Note: Redact Confidential Information
Care must be taken to redact confidential information except where such information may be relevant to the proceeding. Examples of confidential information include but are not limited to: date of birth, social security number, driver’s license, employee ID numbers, marital status, employee’s home address, and home/cell phone number. In all cases, identifying information on minors or patients is confidential. If you have a question in a particular
Reference Guide on the Jurisdiction
of the Civil Service Commission on Separation Matters
Probationary - Permanent Civil Service – Release: Rule Series 17 addresses the definition and administration of Probationary Periods applicable to all employees. The appointing authority/department head may release an employee at any time during the probationary period. Except in cases where the appointing authority/department head releases an employee for disciplinary reasons and recommends restrictions on future employment, there is no appeal to the Civil Service Commission. When released for disciplinary reasons, appeals of the department head recommendation on future employment must be filed within twenty (20) days as specified on the Notice of Separation form.
Permanent Civil Service – Discharge: The decision of the appointing authority/department head to discharge an employee may be appealed to a hearing officer (Charter Section A8.341) or subject to the applicable grievance/arbitration procedures found in the collective bargaining agreement. Appeals to the Civil Service Commission on the recommendation of the appointing authority/department head on future employment must be filed within twenty (20) days as described in the Notice of Separation form.
Provisional Employees: Generally, provisional employees are considered “at-will” appointments (CSC Rule Series 14) and serve at the pleasure of the appointing authority/department head. However, some collective bargaining agreements have grievance/arbitration procedures applicable to some provisional employees. Future employment restrictions may be recommended by the department to the Human Resources Director. Employees may appeal the Human Resources decision (CSC Rule Series 05.12 Other Matters) to the Civil Service Commission within 30 days of the postmarked mailing date of the notice of the decision.
Exempt: In accordance with City Charter Section 10.104, employees appointed as “exempt,” are considered “at-will” appointments (Charter Section 10.104) and serve at the pleasure of the appointing authority/department head. Future employment restrictions may be recommended to the Human Resources Director. Employees may appeal the Human Resources Director’s decision (CSC Rule Series 05.12 Other Matters) to the Civil Service Commission within thirty (30) days of the postmarked mailing date of the notice of decision.
Automatic Resignation: The Commission’s jurisdiction on Automatic Resignations covers the employee’s eligibility for future employment with the City. Appeals on the recommendation of the appointing authority/department head on future employment must be filed within fifteen (15) days. If there is no grievance available through the collective bargaining agreement, the Civil Service Commission has full authority to rule on the Automatic Resignation. Appeals on the decision of the appointing authority/department head to file an automatic resignation must be filed within fifteen (15) days. (See Adviser No. 16/2002 for more information)
Unsatisfactory Resignation: The Commission’s jurisdiction on unsatisfactory resignations covers the employee’s eligibility for future employment with the City. Appeals on the recommendation of the appointing authority/department head on future employment must be filed within twenty (20) days.
Removal of Employment Restriction: The Civil Service Commission Rules allow former employees to request the removal of a department ban after five (5) years. The request is submitted to the Human Resources Director for recommendation to the Civil Service Commission whose decision is final.
Filing an Appeal
Civil Service Commission Rules, Policies, and Procedures require that instructions on how to file an appeal and deadlines for filing be included in the Notice to affected individuals and, when applicable, their representative or advocate.
Appeals must be filed in writing and submitted to the Executive Officer, Civil Service Commission at