CALL TO ORDER

2:03 p.m.

ROLL CALL

President Douglas S. Chan

Present

Vice President Gina M. Roccanova

Present

Commissioner Kate Favetti

Present

Commissioner Scott R. Heldfond

Present

President Douglas S. Chan 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)

None.

APPROVAL OF MINUTES  (Item No. 3)

Regular Meeting of March 21, 2016

Action:

Adopted the minutes as amended.  (Vote of 4 to 0)

ANNOUNCEMENTS  (Item No. 4)

The Minutes for the meeting of March 7, 2016 will be amended to reflect one more person listed under “Public Comment” and it will be brought back before the Commission for approval on the meeting of April 18, 2016.

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

Micki Callahan provided a brief update on the IT Hiring now called Tech Hire.  It is a sweeping initiative to look at the different ways to hire for competitive technology positions.  It may not be appropriate to require a college degree and years of experience as minimum qualifications when we know that successful people who head companies would not meet those minimum qualifications.  She will be working with the Executive Officer to schedule a more formal presentation before the Civil Service Commission in the near future.

EXECUTIVE OFFICER’S REPORT  (Item No. 6)

Michael Brown reported that for the month of March, three (3) appeals were resolved administratively; 1) after additional review the candidate was deemed qualified; 2) a department rescinded the recommended restrictions; and 3) a candidate withdrew his appeal.

0116-16-8

Review of Request for Approval of Proposed Personal Services Contracts.

(Item No. 7)

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

41279-13/14

Department of Public Health

$49,000,000

The purpose of this service is to provide fiscal administration for administrative infrastructure, including service delivery in support of programming for Department of Public Health (DPH) clients.  This supports services, such as administrative services, and behavioral health treatment services, e.g. foster care mental programming, substance abuse drug court, anchor programming and related other behavioral health services.

Regular

12/31/2019

44238-15/16

Municipal Transportation Agency

$450,000

The contractor will plan, coordinate, and conduct an in-person survey of the San Francisco Municipal Transportation Agency’s (SFMTA) transit riders to collect data on their demographics and transportation practices.  The consultant will collect statistically-significant data about customer travel patterns, income levels, ethnic background, language proficiency and fare media usage both on a temporal geographical basis.  Riders will be surveyed on all routes and modes of transit vehicles, on platforms, and by telephone as necessary.  The consultant shall produce a final report that includes a discussion of the survey results and relevant high-level data summaries.  The SFMTA will perform this work in accordance with the Metropolitan Transportation Commission (MTC) Resolution No. 3866.

Regular

12/31/2017

30054-15/16

Department of Public Health

$110,000

Contractor will be responsible for: 1) reviewing DPH’s current indirect rate calculation methodology; 2) developing an indirect cost plan and rate that meets the requirements of state and federal code; 3) documenting the rate methodology; 4) preparing a financial analysis comparing the current DPH indirect rate to new rate; and 5) developing projections to estimate indirect cost rates and their impact on future grant revenues.

Regular

2/28/2019

40494-15/16

Department of Public Health

$8,000,000

For the provision of as-needed consulting services in the subject areas of the Federally Qualified Center (FQHC) program, the Health Resources and Services Administration (HRSA) grant program, managed care Knox-Keene licensing approval, the 1115 waiver process for alternative Medi-Cal billing and related processes, and other managed care/Affordable Care Act/financial topics, including  bond and capital projects, consulting, maintenance, support, and customization of financial systems currently in use by the Department

Regular

12/31/2020

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

42823-15/16

Department of Public Health

$672,000

The contractor will provide a unique 1 x 3 inch bandage-like device and data analysis for a long term cardiac rhythm monitor that provides continuous Electro-Cardio Gram (ECG) monitoring for up to 14 days and interpret the data collected from the device.

Regular

3/31/2019

49857-15/16

Department of Public Health

$400,000

The manufacturer of new surgical/radiology and navigation equipment acquired as part of the San Francisco General Hospital (SFGH) Rebuild project will provide training, education, and support for medical staff in it’s the proper use.  Services will be delivered in the operating room(s) during operating procedures, or off-site, as appropriate.

Regular

2/1/2021

3089-11/12

General Services Agency – City Administrator

Current Approved Amount

$69,500

Increase Amount Requested

$700,000

New Total Amount Requested

$769,500

The contractor will install, configure and provide maintenance on a software module that allows access to the City’s Customer Relationship Management (CRM) software and to manage the City’s service requests.  When required, vendor services assist City staff extending the functionality of the application while training staff to make additional improvements.

Modification

3/31/2021

2011-08/09

Department of Public Health

Current Approved Amount

$166,000,000

Increase Amount Requested

$35,000,000

New Total Amount Requested

$201,000,000

Contractor will provide fiscal intermediary services for DPH’s Community Behavioral Health Services (CBHS) Private Provider Network (PPN) to enable emergency or urgent out-of-county services required under the San Francisco Mental Health Plan, including services to the indigent and uninsured; for licensed Residential Care Facilities (RCFs) and licensed Residential Care Facilities for the Elderly (RCFEs) to assist clients to live in a stable community setting, within San Francisco and out-of-county, in small, home-like operations that are owner-occupied licensed facilities (board-and-care homes); for wraparound services for CBHS’s Children, Youth and Families clients to assist in client stabilization including emergency food and housing, transportation, and clothing; and for its Housing and Urban Health office’s emergency housing program for homeless clients with special needs, including those discharged from San Francisco General Hospital (SFGH), and those services using State Substance Abuse Crime Prevention and Administration (Prop 36) and Mental Health Services Act (Prop 63) funds, those referred from the SF First, SF Homeless Connect programs, and the DPH –funded case management programs.

Modification

6/30/2018

39875-13/14

Public Defender

Current Approved Amount

$100,000

Increase Amount Requested

$100,000

New Total Amount Requested

$200,000

Pathways Institute Juvenile Theft Prevention Program is a proposed collaboration with the San Francisco Public Defender’s Office, the District Attorney’s Office and Juvenile Probation Department to address juvenile robbery and theft related behaviors.  Pathways Institute will provide group therapy, individual and family therapy, intake and evaluation of youth, social work, case management and program coordination, education evaluation review and coordination, supplemental therapies, psychological testing and assessment, and restorative justice interventions to provide for long term rehabilitation of delinquent youth who have been charged with robbery offenses and are or have been involved in the juvenile justice system.

Modification

6/30/2017

40778-14/15

Controller

Current Approved Amount

$6,500,000

Increase Amount Requested

$2,500,000

New Total Amount Requested

$9,000,000

Identify and correct sales and use tax allocation errors, identify businesses from which the City has not been receiving sales/use tax revenue, conduct local sales and use tax audits of the State Board of Equalization records and provide legislative impact analyses, identify and correct improperly registered permits; develop and maintain a database of sales tax information for use by City employees, provide as-needed tax revenue enhancement services, develop a website for sales and use tax data.

Modification

6/30/2020

PSC#

Department

Amount

Type of Service

Type of Approval

Duration

49068-14/15

Adult Probation

Current Approved Amount

$2,000,000

Increase Amount Requested

$1,500,000

New Total Amount Requested

$3,500,000

Software upgrade of an existing case management system for the Adult Probation Department (APD).  The system will utilize SYSCON’s (Vendor) existing data mappings to APD’s business processes and then for subsequent maintenance of the upgraded software.  The system will provide the ability to interface with other City departments and other California jurisdictions, including the California Department of Justice.

Scope Change:

Software upgrade of an existing case management system for the Adult Probation Department (APD).  The system will utilize Vendor’s existing data mappings to APD’s business processes and then for subsequent maintenance of the upgraded software.  The system will provide the ability to interface with other City departments and other California jurisdictions, including the California Department of Justice.

Modification

6/30/2021

Speakers:

Jacquie Hale and Michelle Ruggels, Department of Public Health spoke on PSC #41279-13/14

Jacquie Hale and David Sostarich, Department of Public Health spoke on PSC #49857-15/16

Patricia Lee, Public Defender spoke on PSC #39875-13/14

Action:

Adopted the report.  Approved the request for proposed Personal Services Contracts; Notify the Office of the Controller and the Office of Contract Administration.  (Vote of 4 to 0)

0135-16-8

Request to Grant Health Service System Continuing Approval for Benefit Related Contracts for Personal Services Contracts.  (Item No. 8)

Speakers:

Catherine Dodd, Health Service System

Action:

Adopted the report.  (Vote of 4 to 0)

0073-16-1

Department of Human Resources’ Report on Exempt Positions under Charter Sections 10.104.16 through 10.104.18.  (Item No. 9)

March 7, 2016:

Continued to the meeting of March 21, 2016.

Speakers:

Shawn Sherburne, Department of Human Resources

Action:

Adopted the report.  (Vote of 4 to 0)

0020-16-4

Appeal by Negusu Merid of the Rejection of his Application for the Class 9116 Senior Fare Collections Receiver Examination.  (Item No. 10)

Speakers:

Lawrence Dominguez, Municipal Transportation Agency

Action:

Upheld the decision of the Director of Transportation, SFMTA and deny Mr. Merid’s appeal.  Mr. Merid failed to appear.  (Vote of 4 to 0)

0002-16-6

Appeal by Darin Conley of the Human Resources Director’s determination of insufficient evidence to sustain his complaint alleging: harassment and discrimination/disparate treatment based on his race, sexual orientation, and gender; and retaliation.  (Item No. 11)

March 7, 2016:

Commissioner Roccanova recused.

The Commission continued to the meeting of March 21, 2016 for deliberation and final action; closed for submission of additional information.

March 21, 2016:

Postpone to the meeting of April 4, 2016 due to lack of quorum.

Public Comments:

Sin Yee Poon, SEIU 1021, HSA Chapter President

SEIU does not represent the appellant and I have no direct knowledge, but I want to take the opportunity again tell the commission that these types of complaints come up quite often.  I sat through the last commission meeting and heard some of the stories and I just want to say that I hear from our members a lot about feeling about the issue of discrimination based on race and also based on LGBT status.  So I just wanted to state that for the record.

Mark Buchsieb, I would just like to say that I think it deserves to be recognized the courage it takes for Mr. Conley to come before this Commission.  This is an extraordinarily intense experience for somebody who is not even a party to it.  I feel like there really hasn’t been a process here from the very start.  It felt like several of the commissioners would not be willing to entertain even considering that there was not weight to this with the admission of the appellants’ brief that was prepared.  When actually there was no due process.  This report was not received by Mr. Conley in a timely manner, and I just feel that it’s a real shame that this commission and this process has not been respected.  I just think that it’s real courageous for Mr. Conley to come before this commission.

Molly Almeida, Darin has overcome a lot of obstacles through his life to get to where he is today.  Nothing has ever been handed to him.  He takes immense pride in his work.  He has one of the strongest public service ethics I’ve ever seen.  He’s active in the community… never filed a complaint before… Darin’s character or personality are not on trial here, but the facts of the case should speak for themselves.  I want you to better appreciate the cost of what he’s been through.  It’s not easy to stand up to the Department of HR, especially when you work there.  His character has been impugned.  He’s lost friends… he’s lost sleep, but this is an important fight and he knows it.  This is a problem and the facts in this case might not have come through, but it’s there.  And you should be on notice.

Action:

Commissioner Roccanova recused.

Adopt the report.  Sustain decision of Human Resources Director; deny the appeal by Darin Conley.  (Vote of 3 to 0)

0013-16-6

Appeal by Roger Joiner of the Human Resources Director’s Determination to Administratively Close his Complaint of Discrimination. (Item No. 12)

Speakers:

Hallie Albert, Department of Human Resources

Roger Joiner, Appellant

Linda Simon, Department of Human Resources

Action:

Postponed to the meeting of April 18, 2016 at the request of Mr. Joiner; it was stipulated that this will be the only request for continuance to be approved.  (Vote of 4 to 0)

0310-15-6

0424-15-6

Appeal By Kathy Broussard of the San Francisco Municipal Transportation Agency Director’s Determination to Administratively Close her Complaint of Discrimination and for Insufficient Evidence to Sustain her Complaint of Harassment, Discrimination and Retaliation.  (Item No. 13)

Speakers:

Erin Levy, Department of Human Resources

Kathy Broussard, Appellant

Don Ellison, Municipal Transportation Agency

Linda Simon, Department of Human Resources

Public Comments:

Marshall McGee, Local 200 – I’m her Union representative and have filed grievances on her behalf.  I have yet to get an answer from them.  If I were running this department and things of this nature happened, I would inform you of when I issued a bulletin, date and time on each one of those separate cases in which you were speaking of on harassment, on violence in the workplace, etc.  I would have those bulletins, making sure you knew when I issued them and the date and time.  And I would also put it on the website for SFMTA.  I am kind of upset with this investigation because I was never known or made part of it.  I didn’t know there was an investigation going on until Ms. Broussard told me but her investigator never came once to even speak to her representative.  So I just wanted to make that statement.

Larry Parish, Transit Fare Inspector – I take these allegations extremely serious…working together at O’Farrell and Powell, I’m an openly gay man, she made the most condescending remark towards a fare evader…“Run you F’ing Faggot!”   I applaud you because this unit and Department has a whole lot of issues across the board…needs to be addressed… 2011 Ms. Broussard sued this agency.  I was a character witness on her behalf. The dynamics of my position and the dynamics of her position were totally different.  We did not get along.  I tried to reach out to her many times.  She would not allow it.  And in closing…it’s a thank you card I received on my locker.  “Hi Casey!” my nickname, “Casey, I don’t know where to start.  First, I want you to know that you are amazing, smart and a beautiful person.  Thank you for believing in me and always loving me.  You and I will always be friends.  Love you lots!  Kathy B”.

0310-15-6

0424-15-6

Cont.

Action:

1. Upheld the Director of Transportation’s decision; denied Ms. Broussard’s appeals.  (Vote of 3 to 1; Commissioner Roccanova dissented)
2. Based on the facts previously stated on the case before the Civil Service Commission, directed the Department of Human Resources and the Civil Service Commission staff to work with the Municipal Transportation Agency to specifically address the issues that came to light as to work conditions at the division of the SFMTA and to report back to the Civil Service Commission with identified issues and proposed solutions and action steps within six (6) months.

(Vote of 4 to 0)

COMMISSIONERS’ ANNOUNCEMENTS/REQUESTS  (Item No. 14)

None.

ADJOURNMENT  (Item No. 15)

3:50 p.m.