Fire Commission - August 11, 2021

    Agenda

    SAN FRANCISCO San Francisco Fire Deprtment Official Seal FIRE COMMISSION

    Fire Commission Regular Meeting

    August 11, 2021, 9:00 a.m. – 12:00 p.m.

    AGENDA

     

    This meeting is being held by WebEx pursuant to the Governor’s Executive Orders Mayoral Proclamations Declaring the Existence of a Local Emergency.

     

    During the Coronavirus Disease emergency, the Fire Commission’s regular meeting room at City Hall is closed, and meetings of the Fire Commission will convene remotely.

    Watch live at www.sfgovtv.org

    Participating During Public Comment: By Phone

    Public Comment Call in number is: 

    1-415-655-0001

    Access Code:  146 300 9788

    Members of the public will have opportunities to participate during public comment. The public is asked to wait for the particular agenda item before making a comment on that item. Comments will be addressed in the order they are received. When the moderator announces that the Commission is taking public comment, members of the public can:

    1. Raise hand” by pressing * 3 and you will be queued.
    2. Callers will hear silence when waiting for your turn to speak. Operator will unmute you.
    3. When prompted, callers will have the standard three minutes to provide comment.
    • Ensure you are in a quiet location.
    • Speak clearly.
    • Turn off any TVs or radios around you.

     

     

     

     

    Item No.
    1.         ROLL CALL

     

    President

    Katherine Feinstein

    Vice President

    Stephen A. Nakajo

    Commissioner

    Francee Covington

    Commissioner

    Ken Cleaveland

     

     

    Chief of Department

    Jeanine Nicholson


    2.         GENERAL PUBLIC COMMENT

    Members of the public may address the Commission for up to three minutes on any matter within the Commission’s jurisdiction that does not appear on the agenda.  Speakers shall address their remarks to the Commission as a whole and not to individual Commissioners or Department personnel.  Commissioners are not to enter into debate or discussion with a speaker.  The lack of a response by the Commissioners or Department personnel does not necessarily constitute agreement with or support of statements made during public comment.

    3.         APPROVAL OF THE MINUTES [Discussion and possible action]

    Discussion and possible action to approve meeting minutes.

    • Minutes from Regular Meeting on July 28, 2021.

    4.         CHIEF OF DEPARTMENT’S REPORT [Discussion]

    REPORT FROM CHIEF OF DEPARTMENT, JEANINE NICHOLSON

    Report on current issues, activities, and events within the Department since the Fire Commission meeting on July 28, 2021, including budget, academies, special events, communications, and outreach to other government agencies and the public.

    REPORT FROM OPERATIONS, DEPUTY CHIEF BRYAN RUBENSTEIN

    Report on overall field operations, including greater alarm fires, Emergency Medical Services, Bureau of Fire Prevention & Investigation, Homeland Security and Airport Division.

    5.         COMMISSION REPORT [Discussion]

    Report on Commission activities since last meeting on July 28, 2021.

    6.         AGENDA FOR NEXT AND FUTURE FIRE COMMISSION MEETINGS [Discussion]
    Discussion regarding agenda for next and future Fire Commission meetings.

    7.         PUBLIC COMMENT ON ITEM  8

    Public comment on all matters pertaining to Item 8 below, including public comment on whether to hold Item 8 in closed session.

    8.         POSSIBLE CLOSED SESSION REGARDING PERSONNEL MATTER

     

    1. VOTE ON WHETHER TO CONDUCT ITEM 8 (b) IN CLOSED SESSION [Action]

    The Commission may hear Item 8 (b) in closed session pursuant to Government Code Section 54957(b) and Administrative Code Section 67.10(b).

     

    1. CASE NO. 2020-03:  COMMISSION DELIBERATIONS AND POSSIBLE ACTION ON EMPLOYEE SUSPENSION APPEAL [Action item]

     

    The appeal is from a six-calendar day suspension for violation of the Rules and Regulations as follows:
     

             Section 3901 – Unauthorized Use of Department Name

             Section 3904 – Active Participation in Other Employment, Business, or Enterprise

             Section 2905 – Familiarity with the Rules

             Section 3909 – False Reports

             Section 3923 – Acts Detrimental to the Welfare of the Department

             San Francisco Civil Service Rule 318.2: Requiring prior approval for outside employment.

    1. IF CLOSED SESSION IS HELD, RECONVENE IN OPEN SESSION       1.  Report on any action taken in Closed Session as specified in California Government Code Section 54957.1(a)(5) and San Francisco Administrative Code section 67.12(b)(4).


    2.  Vote to elect whether to disclose any or all discussions held in Closed Session, as specified in San Francisco Administrative Code Section 67.12(a).  [Action Item]
     

    9.         ADJOURNMENT      

    San Francisco Fire Commission

     

    NOTICE OF COMMISSION PROCEDURES

     

    Commission Meeting Schedule and Location

    The Fire Commission will meet regularly on the 2nd and 4th Wednesday of each month at San Francisco City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102. The second Wednesday in Room 416 at 9:00 a.m. and the fourth Wednesday in Room 400 at 5:00 p.m.

    Commission Office

    The Fire Commission Office is located at 698 Second Street, Room 220, San Francisco, CA 94107. The Fire Commission telephone number is (415) 558-3451; the fax number is (415) 558-3413. The web address is http://sf-fire.org/fire-commission-home.  Office hours are from 7:30 a.m. to 4:00 p.m., Monday through Friday.

    Language Access

    Per the Language Access Ordinance (Chapter 91 of the San Francisco Administrative Code), Chinese, Spanish and or Filipino (Tagalog) interpreters will be available upon requests. Meeting Minutes may be translated, if requested, after they have been adopted by the Commission.  Assistance in additional languages may be honored whenever possible. To request assistance with these services please contact the Commission Secretary at (415) 558-3451, or fire.commission@sfgov.org at least 48 hours in advance of the hearing.  Late requests will be honored if possible.

    Information on Disability Access

    The hearing rooms in City Hall are wheelchair accessible.  The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #42 Downtown Loop, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.  For more information about MUNI accessible services, call (415) 701-4485.

     

    To obtain a disability-related modification or accommodation, including auxiliary aids or services, to participate in the meeting, please contact the Commission Secretary at least two business days before the meeting at (415) 558-3451 to make arrangements.  Late requests will be honored, if possible.

    To assist the City’s efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, 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.

    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 Fire Commission meetings. 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 device.

    Documents for Public Inspection

    Documents referred to in this agenda, if not otherwise exempt from disclosure, are available for public inspection and copying at the Fire Commission Office.  If any materials related to an item on this agenda are distributed to the Fire Commission after distribution of the agenda packet, those materials, if not otherwise exempt from disclosure, are also available for public inspection at the Fire Commission Office, 698 Second Street, room 220, San Francisco, during normal office hours.

    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, contact the sunshine ordinance task force. You may contact the Sunshine Ordinance Task Force Administrator, as follows: Sunshine Ordinance Task Force, City Hall, Room 244, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4689, Phone: (415) 554-7724, Fax: (415) 554-5784, E-mail: sotf@sfgov.org. Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City’s Web site at http://www.sfgov.org.

    San Francisco Lobbyist Ordinance

    Individuals and entities that influence or attempt to influence local policy or administrative action may be required by the San Francisco Lobbyist Ordinance (San Francisco Campaign and Governmental Conduct Code sections 2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102, telephone (415) 581-2300, fax (415) 581-2317 and Web site: http://www.sfgov.org/ethics/.

     

     

     

    FIRE COMMISSION REGULAR MEETING

    MINUTES

    Wednesday, August 11, 2021

    This meeting was held remotely on WebEx

     

     

    The Video can be viewed by clicking this link:  https://sanfrancisco.granicus.com/MediaPlayer.php?view_id=180&clip_id=39167

     

    President Feinstein called the meeting to order at 9:01 a.m.

     

    Commission President

    Katherine Feinstein

    Present

    Vice President

    Stephen Nakajo

    Present

    Commissioner

    Francee Covington

    Present

    Commissioner

    Ken Cleaveland

    Present

     

     

     

    Chief of Department

    Jeanine Nicholson

    Present.

     

    Bryan Rubenstein

    Deputy Chief -- Operations

    Jose Velo

    Deputy Chief --Administration

     

     

    Shaine Kaialoa

    Division of Training

    Sandy Tong

    EMS

    David Brown

    Airport Division

    Ken Cofflin

    Bureau of Fire Prevention

    Dawn DeWitt

    Support Services

    Erica Arteseros

    Homeland Security

    Natasha Parks

    Health and Wellness

    Tom O’Connor

    AWSS

     

    Staff

     

    Mark Corso

    Deputy Director of Finance

     

    2.         PUBLIC COMMENT

     

    There was no public comment.

     

    3.         APPROVAL OF THE MINUTES [Discussion and possible action]

    Discussion and possible action to approve meeting minutes.

     

    • Minutes from Regular Meeting on July 28, 2021.

     

    Commissioner Covington asked that I add to page three under her comments that she commended all the members who participated in the AWSS demonstration although she didn’t specifically mention Chief O’Connor by name.

     

    Commissioner Covington Moved to approve the minutes as amended and Commissioner Cleaveland Seconded.  The motion was unanimous. 

     

    There was no public comment.

     

    4.         CHIEF OF DEPARTMENT’S REPORT [Discussion]

    REPORT FROM CHIEF OF DEPARTMENT, JEANINE NICHOLSON

    Report on current issues, activities, and events within the Department since the Fire Commission meeting on July 28, 2021, including budget, academies, special events, communications, and outreach to other government agencies and the public.

     

    Chief Nicholson reported on activities since the last meeting on July 28, 2021.  She mentioned that there are ongoing discussions regarding the Delta variant, and they are doing everything they can as an administration to get all the members vaccinated.  She added that they currently have 29 members off work with COVID or quarantining with a COVID exposure, which she mentioned was concerning.  She stated that they are working closely with the Department of Human Resources to institute the process that the city is putting in place to ensure member get vaccinated as soon as possible.  She provided a brief update on the wildland fires where they have units at both the Dixie Fire and the Monument Fire, with a total of six engines, six SUVs and 24 personnel.  She added that the entire state is seeing a shortage of wildland firefighters and she has been attending meetings with Cal OES where they have been discussing COVID, staffing and wildfires.  She touched on the challenges in the EMS system Chief Tong is facing and invited Chief Tong to speak.  Chief Tong expanded on the challenges by stating: “So probably over a month and a half ago, we started meeting with first, the DEM leadership to discuss the transition of the local EMSA to the DEM.  We had some meetings over here with Director Smith, and then also Executive Director Mary Ellen Carroll, just to discuss some of the concerns that we've had over the last few years around the relationship with the LEMSA.  We were able to come to some really -- had some really nice dialogue around us being able to be transparent around some of the concerns and the challenges that we had and what we would like to see in the future.  We had some that we initially were meeting with independently of the other private providers, but we've had since then two and another one scheduled with the other two 9-1-1 providers.  We all are pretty much on the same page around what it is that we're hoping for in the relationship, what we'd like to see moving forward in terms of how to better work together.  And we are going to be looking at creating, you know, these opportunities in these meetings to meet with the providers, as well as the EMSA, to discuss, you know, the issues that are challenging, the ways that we can better problem-solve together.  So far, so good.  We have something coming up, I believe, next week, and we look forward to just being able to move forward and to be really more collaborative in our approach and how we address some of the concerns and some of the challenges that are in the system right now.:  Chief Nicholson thanked Chief Tong for her briefing.  Chief Nicholson stated that their first street Opioid Response Team has been deployed and that they have an H-3 Level 1 EMT class graduating on August 20, 2021, and an H-2 class of 42 which started August 2, 2021, due to graduate in late December.  She mentioned that the mayor signed the budget and wished Mayor Breed a happy birthday.  She asked Mr. Corso to provide an update on the budget.  Mr. Corso mentioned that they are currently working with the Controller’s Office to get all the funding loaded in the budget and in the system so that new initiatives can begin, and they can move forward on several things that were included in the budget, which he would deem an extremely successful budget for the Department.  He added that they are looking at approximately 23 million dollars in new initiatives overall and approximately 50 new FTEs.  He added that the first major investment was in community paramedicine and ambulance staffing and an H-2 academy later in the year.  He concluded by stating that the Chief did a great job advocating for the Department and he thanked the Commission for their continued support.  Chief Nicholson also thanked Local 798 for pushing for the additional FTEs for the ambulances.

     

    Commissioner Nakajo thanked Chief Nicholson for her report and confirmed that the Training Center is moving forward on getting it taken care of at the state level so they can purchase the piece of port property, that they have an agreement with the State Lands Commission, and they are moving forward with Public Works in terms of getting subject matter experts together to prepare the RFP on fire training centers.

     

    Commissioner Cleaveland congratulated Mr. Corso, the Chief of Department and Local 798 for getting the budget pushed through and getting additions to the budget in these trying times.  He acknowledged how important it is having these Street Crisis Response Tearms of various types and that they are only going to be more important in the future as they assume more responsibilities for protecting the citizens in the City.

     

    Commissioner Covington echoed the compliments of her fellow commissioners and everyone who worked tirelessly on the budget and added they can breathe a sigh of relief from a 10 percent reduction to now being able to have so many different needs met for the next fiscal year.  She acknowledged the mayor for seeing that the Department’s needs were credible needs and that certain parts of the Department are growing in responsibility.  She asked Chief Tong to speak about LEMSA and the discussions they are having regarding more collaboration.  Chief Tong stated that one of the things they are looking at is the process of how they are able to address different changes that need to occur in regard to protocol and polices and having pre-discussions prior to actually having them go through a more formalized process with the different committees that are within the EMSA and they want to be a part of the problem solving discussions. Commissioner Covington thinks earlier input is critical and she is glad to see this happening and confirmed that the transition from EMSA to the DEM started in July and right now they have been meeting with DEM, AMR and King American leadership. The next meeting will include the EMS Agency.  Commissioner Covington also confirmed that the new ambulance facility has been a morale booster for the members of Station 49, and she announced the full support of the commissioners and that they appreciate all Chief Tong’s efforts.  She asked Chief Nicholson to talk about the numbers of unvaccinated members of the Department and how things are going to be approached.  Chief Nicholson responded that they currently have 29 members off either with COVID or COVID exposure and that the City DHR has come up with the same policy for all city workers with a few caveats and they are requiring all employees to register their vaccine status on the Employee Portal by close of business Thursday and if they do not, there may be some disciplinary action taken against them.  She added that all members currently working out in the field in some capacity or other must be vaccinated by October 13, 2021and if members decide not to get vaccinated and don’t have a valid religious or medical exemption, the city will move to separate people.  She stated that she believes they have over 90 percent of members that have reported their vaccination status.     Commissioner Covington responded: “I really encourage everyone to be vaccinated.  And I know for 99 percent of the people who work for the Department, especially as paramedics and firefighters, that this is their dream job.  They have wanted to be a firefighter, paramedic for most of their lives.  And you're with the Department because the Chief believes in you.  And to not be able to do the work that you feel you were born to do would be a tremendous loss, I think.  So please, please get vaccinated.”.

     

    President Feinstein confirmed with Chief Velo that they do not accept applications for the Firefighter positions that they work off of the NTN list where there are over 3,000 eligible folks on the list and the Chief will determine what scores will start the process and they contact those individuals to be interviewed by a panel of members from the Department who they will recommend to the Chief of the Department to be interviewed by the Chief and her deputies and it takes about four months for this process to go through.  The panel interviewed about 650 people for the last class.  President Feinstein announced that if you are coming into her house and she needs you in a medical emergency, she doesn’t want you in there if you have not been vaccinated.  She added that she thinks if we all had our way, everybody would be vaccinated, but to have the number of employees they have, and not be vaccinated is shameful.   She stated that she doesn’t know what the Department can do to ensure safety in the community, so that they don't have unvaccinated people entering the private dwellings of those who may be very ill and could be harmed rather than helped and added that she really wants to thank those of you that that are working hard to try to get people vaccinated.  She also confirmed that the city will not hire people going forward if they are not vaccinated.  She thanked the command staff for everything that they are doing to make this work and get as many members vaccinated and added that she hopes that any members listening, and they know that there is great concern.  about unvaccinated members.

     

    There was no public comment.

     

    REPORT FROM OPERATIONS, DEPUTY CHIEF BRYAN RUBENSTEIN

    Report on overall field operations, including greater alarm fires, Emergency Medical Services, Bureau of Fire Prevention & Investigation, Homeland Security and Airport Division.

     

    Chief Rubenstein reported on Operations activities for the month of July 2021.  He thanked the commissioners for their kind words and encouragement to the members and assured everyone that SFFD is the greatest job in the greatest department in the greatest city and he wants everyone to have confidence that they will be safe when they respond.  He added that long before there was a vaccine, they were going into homes and treating people and through diligent personal protective equipment they can do that safely.  He mentioned that July was a busy month by any standard and they had one greater alarm.  He stated that there were many illegal fireworks then they have witnessed in the past during the 4th of July celebrations. He touched on other notable events and drills, including the AWSS drill, and the wildfire deployments.  He commended the United Fire Service Women for their tremendous program.  He mentioned the good work going on at the EMS Division, the Bureau of Fire Prevention, the Airport Division and Homeland Security where they are preparing for Fleet Week.

     

    Vice President Nakajo thanked Chief Rubenstein for his comprehensive report and went page by page acknowledging all the information covered through his report, including the aspirations and what goes on detail wise throughout the reporting period.  He confirmed with Chief Tong that the Street Crisis Response Team added its sixth team on July 26th and noted six teams is quite an accomplishment and that the Board of Supervisors has allowed SFFD paramedics to initiate 5150 holds.  Chief Tong added that they are still working with DPH and the EMSA to determine what the training is going to be and what protocols are going to be used.  Until it is finalized, the police will continue to perform 5150 holds.    He confirmed that the Street Medicine program is under the direction of Dr. Barry Zevin, Behavioral Health and they work with SFFD through DPH to assist with frequent flyers.  He confirmed with Fire Marshall Cofflin that the committee meetings listed in his report are attended by members of his staff and not him personally.  He also clarified with Chief Brown at the Airport the difference between Alert 2 and Alert 3 are, Alert 2 is when an aircraft has the potential for an emergency and an Alert 3 is a confirmed emergency on an airplane that is about to arrive or an aircraft that has already arrived.

     

    Commissioner Cleaveland thanked Chief Rubenstein for his report and stated how amazed at how much goes on every month in the Department and is always very impressed by the EMS Division and the daily challengers that each of those members face.  He confirmed with Chief Tong that based on the data a quarter of 9-1-1 medical calls are coming from people who are experiencing homelessness.  He also confirmed that the frequent callers call the system about 30 times a day which frustrates him that so many of these individuals need to be treated and yet the refuse to be treated and walk away and to watch the department spend so many hours and so much money baffles his mind.  He added that he thinks it is important that the public knows how much of what the members do is really focused on a very tiny percentage of the population of the city and he complimented those members for their energy and mental stamina it takes for them to do their jobs.  He confirmed that the EMT/Paramedic eligibility list is different from the H-2 list.  He also confirmed with Chief Tong that when they are requested by the Conservator’s office to assist with a client who needs medication, the SFFD members are there to support the social worker but not to administer the medication.

     

    President Feinstein confirmed that the Department is working with the Department of Public Health, Behavioral Health Unit, with Dr. Angelica Almeida to plan out and create the training curriculum for the 5150 holds.  President Feinstein thanked Chief Tong for including some of the stories of what her folks have been able to accomplish is quite miraculous as well as the descriptions of their successes.   She commended Chief Tong for accomplishing all the things mentioned with the folks that she had.  She confirmed with Chief David Brown that “aided case” on his report can mean anything from helping a patient off of the aircraft or it can be an elevator rescue.  President Feinstein also confirmed that the members that are deployed to the wildland fires are supervised according to the State of California master mutual aid agreement and the system is managed through the incident command system.

     

    Commissioner Cleaveland congratulated the United Fire Service Women for their Operation Genesis program, and he is supportive with the kinds of programs that expose the Fire Department and the rigors and challenges that the members of the fire Department face with potential new members of the department in the future.

     

    There was no public comment.

     

    5.         COMMISSION REPORT [Discussion]

    Report on Commission activities since last meeting on June 23, 2021.

     

    Commissioner Nakajo explained where in the process he is with conducting the commission secretary’s performance evaluation.  He also welcomed Chief Peoples to the meeting.  Chief Peoples responded that it is nice to be here.

     

    There was no public comment.

     

    6.         AGENDA FOR NEXT AND FUTURE FIRE COMMISSION MEETINGS [Discussion]

    Discussion regarding agenda for next and future Fire Commission meetings.

    There was no public comment.

    7.         PUBLIC COMMENT ON ITEM  8

    Public comment on all matters pertaining to Item 8 below, including public comment on whether to hold Item 8 in closed session.

     

    There was no public comment.

     

    8.         POSSIBLE CLOSED SESSION REGARDING PERSONNEL MATTER

     

    1. VOTE ON WHETHER TO CONDUCT ITEM 8 (b) IN CLOSED SESSION [Action]

    The Commission may hear Item 8 (b) in closed session pursuant to Government Code Section 54957(b) and Administrative Code Section 67.10(b).

    Commissioner Covington Moved to proceed into closed session.  Commissioner Cleaveland Seconded.  The motion was unanimous.

     

    The commission went into closed session at 10:38 a.m.

     

    1. CASE NO. 2020-03:  COMMISSION DELIBERATIONS AND POSSIBLE ACTION ON EMPLOYEE SUSPENSION APPEAL [Action item]

     

    The appeal is from a six-calendar day suspension for violation of the Rules and Regulations as follows:
     

             Section 3901 – Unauthorized Use of Department Name

             Section 3904 – Active Participation in Other Employment, Business, or Enterprise

             Section 2905 – Familiarity with the Rules

             Section 3909 – False Reports

             Section 3923 – Acts Detrimental to the Welfare of the Department

             San Francisco Civil Service Rule 318.2: Requiring prior approval for outside employment.

     

    1. IF CLOSED SESSION IS HELD, RECONVENE IN OPEN SESSION

     

    Reconvened in open session at 11:14 a.m.

     

    1. Report on any action taken in Closed Session as specified in California Government Code Section 54957.1(a)(5) and San Francisco Administrative Code section 67.12(b)(4).

     

    By a vote of 4-0 (Ayes: Feinstein, Nakajo, Cleaveland, Covington), the Commission denied the appeal and upheld the charged rule violations and the 6-day suspension.

     

    1.  Vote to elect whether to disclose any or all discussions held in Closed Session, as specified in San Francisco Administrative Code Section 67.12(a).  [Action Item]
       

    Commissioner Cleaveland Moved to not disclose discussions held in closed session.  Commissioner Covington Seconded.   The motion was unanimous.

     

    9.         ADJOURNMENT

    President Feinstein adjourned the meeting at 11:17 a.m.