Fire Commission - February 9, 2022

    Agenda

    SAN FRANCISCO San Francisco Fire Deprtment Official Seal FIRE COMMISSION

    Fire Commission Regular Meeting

    February 9, 2022, 9:00 a.m. – 12:00 p.m.

     

     

    AGENDA

     

    Remote Meeting via video and teleconferencing (see below links and phone numbers)

     

    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 (COVID-19) 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:  2498 070 1478

     

    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

    Commissioner

    Armie Morgan

     

     

    Chief of Department

    Jeanine Nicholson

    Ramaytush Ohlone Land Acknowledgement

     

    The San Francisco Fire Commission acknowledges that we are on the unceded ancestral homeland of the Ramaytush Ohlone who are the original inhabitants of the San Francisco Peninsula. As the indigenous stewards of this land, and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. As guests, we recognize that we benefit from living and working on their traditional homeland. We wish to pay our respects by acknowledging the Ancestors, Elders, and Relatives of the Ramaytush Ohlone community and by affirming their sovereign rights as First Peoples.

     

    2.         RESOLUTION 2022-03 [Discussion and possible action]

    Resolution making findings to allow teleconferenced meetings under California Government Code Section 54953(e)

     

    3.         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.

     

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

    Discussion and possible action to approve meeting minutes.

     

    • Minutes from Regular Meeting on January 26, 2022.

     

    5.         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 January 26, 2022, including budget, academies, special events, communications, and outreach to other government agencies and the public.

     

    REPORT FROM OPERATIONS, DEPUTY CHIEF ROBERT POSTEL

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

     

    6.         DRAFT OPERATING BUDGET – FISCAL YEARS 2022-2023/ 2023-2024 [Discussion and possible action]
    Discussion and possible action to adopt the Fire Department’s Operating Budget for Fiscal Years 2022-2023/2023-2024.

     

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

     

    8.         PUBLIC COMMENT ON ITEM 9

    Public comment on all matters pertaining to Items 9(b), (c) and (d) below, including public comment on whether to hold Items 9(b), (c), and (d) in closed session.

     

    9.         POSSIBLE CLOSED SESSION REGARDING PERSONNEL MATTERS AND EXISTING LITIGATION

     

    1. VOTE ON WHETHER TO CONDUCT ITEMS 9(b), (c), and (d) IN CLOSED SESSION [Action]

    The Commission may hear Items 9(b) and (c) in closed session pursuant to Government Code Section 54957(b) and Administrative Code Section 67.10(b), and may here Item 9(d) in closed session pursuant to Government Code Section 54956.9(a) and Administrative Code Section 67.10(d).

     

    1. PUBLIC EMPLOYEE DISMISSAL, CASE NO. 2021-21 [Discussion and possible action]

                The Commission will consider a pre-hearing matter in an employee dismissal case.

     

    1. PUBLIC EMPLOYEE DISCIPLINE, CASE NO. 2021-03: COMMISSION DELIBERATIONS ON PROPOSED FINDINGS OF FACT, AND POSSIBLE APPROVAL OF FINDINGS OF FACT REGARDING COMMISSION’S DECISION ON EMPLOYEE SUSPENSION APPEAL [Action]

    At a meeting on January 12, 2022, regarding the above-referenced matter, the Commission deliberated and reached a decision on employee discipline.  The Commission is now considering proposed Findings of Fact in relation to that decision.

     

    1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Conference with legal counsel to discuss existing litigation pursuant to Government Code Section 54956.9(a), (c), (d), and Administrative Code Section 67.10(d)(1) and possible recommendation to the Board of Supervisors for settlement approval or to take other action.  [Action item]

     

    Existing Litigation:

    Lawrence Thomas v. City and County of San Francisco, et al.

    San Francisco Superior Court Case No. CGC-20-585622

     

    10.       REPORT ON ANY ACTION TAKEN IN CLOSED SESSION [Discussion and possible action] as specified in California Government Code Section 54957.1(a) and San Francisco Administrative Code section 67.12(b).

    11.       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]

     

    12.       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/.

     

     

    Wednesday, February 9, 2022 – 9:00 a.m.  – 12:00 p.m.

    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=40510

     

    President Feinstein called the meeting to order at 9:02 a.m.

     

    Commission President

    Katherine Feinstein

    Present

    Vice President

    Stephen Nakajo

    Present

    Commissioner

    Francee Covington

    Present

    Commissioner

    Ken Cleaveland

    Present

    Commissioner

    Armie Morgan

    Present

     

     

     

    Chief of Department

    Jeanine Nicholson

    Present.

     

    Robert Postel

    Deputy Chief -- Operations

    Thomas O’Connor

    Deputy Chief --Administration

     

     

    Sandy Tong

    EMS

    David Brown

    Airport Division

    Ken Cofflin

    Bureau of Fire Prevention

    Shayne Kaialoa

    Division of Training

    Ramon Serrano

    Support Services

    Erica Arteseros

    Homeland Security

    Natasha Parks

    Health and Wellness

    Brice Peoples

    Diversity, Equity & Inclusion

     

    Staff

     

    Mark Corso

    Deputy Director of Finance

    Elaine Walters

    CFO

     

    President Feinstein read the Ramaytush Ohlone Land Acknowledgement.

     

    2.         RESOLUTION 2022-03 [Discussion and possible action]

    Resolution making findings to allow teleconferenced meetings under California Government Code Section 54953(e)

     

    Commissioner Covington Moved to adopt the Resolution.  Commissioner Cleaveland Seconded.  The motion was unanimous.

     

    There was no public comment.

     

    3.         GENERAL PUBLIC COMMENT

     

    There was no public comment.

     

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

    Discussion and possible action to approve meeting minutes.

     

    • Minutes from Regular Meeting on January 26, 2022.

     

    Commissioner Cleaveland Moved to approve the minutes and Commissioner Mogan Seconded. The motion was unanimous.

     

    There was no public comment.

     

    5.         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 January 26, 2022, including budget, academies, special events, communications, and outreach to other government agencies and the public.

     

    Chief Nicholson congratulated Commissioner Covington on her reappoint to the Fire Commission.  She stated that she and her command staff attended several events in Chinatown over the past couple of weeks and stated it was nice to appear in person to support small businesses.  She mentioned that Omicron is still on a downward trend and added that the Department has 31 members out ill as of yesterday with COVID.  She also attended the Women’s Chief Council Meeting.  She touched on the budget, announcing that Mr. Corso would be doing a budget presentation; that they welcomed another EMS Advancement Academy, and that they are continuing to hire and staff up the EMS and Community Paramedic Division.

     

    Commissioner Covington thanked the Chief for her report and thanked her and the members of the command staff that joined the virtual swearing-in for her last week.  She confirmed that as of today, the department had 29 people off work with COVID.  Commissioner Covington suggested that the members who are out sick indefinitely with COVID, she thinks offering them moral support might be beneficial.

     

    Commissioner Cleaveland suggested that the Department put out a survey for members to see if anyone is interested in representing the Fire Department on the Guardians of the City board.

     

    There was no public comment.

     

    REPORT FROM OPERATIONS, DEPUTY CHIEF ROBERT POSTEL

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

     

    Chief Postel also congratulated Commissioner Covington on her reappointment to the greatest commission in this city.  He mentioned that there were 14 working fires during January, and all were contained to just single alarm fires.  He added that they responded to a total of 14,003 incidents during January, 45 percent of those were a combined Suppression EMS response, 26 percent were Suppression only and 27 percent were an EMS only response as well as 10 water rescues and five cliff rescues during January.  He touched on PIO outreach, EMS, Community paramedicine, Street Crisis Response Team, Street Wellness Response Team, Bureau of Fire Prevention and Investigation, and the Division of Training, which is now working under CD-2 instead of CD-3.

     

    Commissioner Cleaveland thanked Chief Postel for his comprehensive, organized, and detailed report.  He thought it was a good idea to have Firefighter Nick Oxford detailed as a policy and data analyst for the Community Paramedicine Division.  He acknowledged the development of the policy and training dealing with involuntary mental health holds.  Chief Tong added they are currently developing policy and training guidelines for the 51/50 program that will be offered to the community paramedic rescue captains.  Commissioner Cleavland stated how shocking it is for him to read that a few certain individuals on the street have called 9-1-1 200 plus times in the last few years and those few have cost the city such an enormous amount of money.  He touched on the Project FRIEND program where Narcan is provided to EMS staff so they can distribute them to clients that may encounter a potential overdose patient.

     

    Commissioner Covington asked if there was a way for the commissioners to be trained in the use of Narcan.  Chief Tong stated she would look into that.

     

    Vice President Nakajo thanked Chief Postel for his comprehensive report.  He confirmed that going forward, Homeland Security and PIO will fall under CD3’s jurisdiction and the Training Division will fall under CD2’s jurisdiction.  He also confirmed that EMS-6’ Street Crisis Response Team, Street Overdose Response Team, and the Street Wellness Response Team have all been implemented as of January 24, 2022.  He acknowledged Chief Michael Mason, Captains Kucharski, and Tianero who have been assigned to the Tenderloin Emergency Initiative   He confirmed that the Linkage Center is a drop-in center where folks can get connected to various referrals and services.  He expressed his interest in the 51/50 program and the policy and data analyst for community paramedicine.  He also commented on the minority population that drives the numbers and costs through Department personnel and he acknowledged the homeless population, the mental health and drug addiction that often seems to be lumped in one categorical, but it all falls within the responsibility in terms of the Department because they are the ones that are public servants that respond to these calls, and he sees it as a tragedy.  He touched on the administrative hearing process through Fire Marshal Cofflin.  Regarding the Airport Division, he stated that he appreciates the pictures of the bike medics at the airport, and he confirmed with Chief Brown that the Airport is budgeted for five bike medics but because of reduced ridership, they anticipate adding one more to their current staff of three.

     

    President Feinstein acknowledged that there were five cliff rescues during January and three of them were at Fort Funston and she wanted to know whether the Department is doing anything to work with the entity that oversees the area to ensure better safety.  Chief Postel responded that more than half of those rescues are for dogs and fencing is not going to keep a dog from wandering down a trail to a point where they can’t get out and he confirmed that the Department does not charge for these rescues.  President Feinstein confirmed with Chief Tong that all community paramedic programs were negatively impacted by illness, exposure, and quarantine of members due to COVID 19.  President Feinstein thinks it makes perfect sense to have paramedics be able to administer a 51/50 hold.  President Feinstein also recommended looking into conservatorships as a lot of Department resources are going to these people that cycle through the system.  She confirmed that fully staffed, 100 people work under Fire Marshal Cofflin.

     

    There was no public comment.

     

    6.         DRAFT OPERATING BUDGET – FISCAL YEARS 2022-2023/ 2023-2024 [Discussion and possible action]

    Discussion and possible action to adopt the Fire Department's Operating Budget for Fiscal Years 2022-2023/2023-2024.

     

    Mr. Corso presented a review, discussion, and possible approval of the fiscal year 22/23 budgets and stated it is still very much a work in progress.    He added that there are quite a few items that they’ll be working on leading up to the mayor’s budget on June 1, 2022.  He presented the following PowerPoint:  https://sf-fire.org/files/2022-02/Commission%20Presentation%20-%2022%2002%2009%20Budget%20Review.pdf

     

    He mentioned that they are back on a pre-COVID budget timeline and budgets are due by all city departments to the Mayor’s Office on February 22, 2022, where the Departments and Mayor’s office consolidate all proposals, work, and negotiate on any initiatives and that is all due to the Board of Supervisors on June 1, 2022.

     

    Mr. Corso stated that there was a large supplement for EMS personnel for an additional 50 FTEs.  He added that being able to backfill existing positions is a priority for the Department as well as aligning requests with Mayoral priorities and supporting frontline Fire, EMS, community Paramedicine, in addition, they want to support uniformed and civilian employees, both on and off duty in all facets of the job, be it mental health or physical health initiatives.  He touched on the next steps, including staffing models, equipment questions, hiring and revenue projections, and monitoring COVID impacts as they move forward.

     

    Commissioner Cleaveland thanked Director Corso for his excellent report and stated it was very illustrative of the Department’s expenses and income and finds it helpful.  He asked a variety of questions and Mr. Corso responded accordingly.

     

    Vice President Nakajo thanked Director Corso and stated how continually narrating the working relationship with the mayor’s office is, which he thinks is key and deserves acknowledgment and recognition for the support that the mayor’s office has given the Department.

     

    President Feinstein asked if when someone calls for an ambulance, who pays for it.  Mr. Corso responded that if the person has insurance, the insurance company gets billed. He went on to explain how the fee structure is established, whether by private insurance, Medicare, Medical, or non-insurance.

     

    Vice President Nakajo Moved to adopt the budget as presented.  Commissioner Cleaveland seconded.  The motion was unanimously approved.

     

    There was no public comment.

     

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

    Discussion regarding agenda for next and future Fire Commission meetings.

     

    • Overview from FF Nick Oxford/data and policy analyst for Paramedicine Division
    • GOTC Update
    • Grants applied for/received
    • Homeland Security Update

     

    There was no public comment.

     

    8.         PUBLIC COMMENT ON ITEM 9

    Public comment on all matters pertaining to Items 9(b), (c), and (d) below, including public comment on whether to hold Items 9(b), (c) and (d) in closed session.

     

    There was no public comment.

     

    9.         POSSIBLE CLOSED SESSION REGARDING PERSONNEL MATTERS AND EXISTING LITIGATION

     

    1. VOTE ON WHETHER TO CONDUCT ITEMS 9(b), (c), and (d) IN CLOSED SESSION [Action]

    The Commission may hear Items 9(b) and (c) in closed session pursuant to Government Code Section 54957(b) and Administrative Code Section 67.10(b) and may here Item 9(d) in closed session pursuant to Government Code Section 54956.9(a) and Administrative Code Section 67.10(d).

     

    Commissioner Covington Moved to conduct 9(b)(c) and (d) in closed session.  Commissioner Cleaveland seconded.  The motion was unanimously approved.

     

    The closed session started at 11:16 (took a break until 11:25)

     

     

    1. PUBLIC EMPLOYEE DISMISSAL, CASE NO. 2021-21 [Discussion and possible action]

                The Commission will consider a pre-hearing matter in an employee dismissal case.

     

    Also, in closed session for this item was:  Deputy City Attorney Brad Russi

    Commission Secretary, Maureen Conefrey

     

    Vice President Nakajo Moved to defer the decision on the motion to dismiss until after the evidentiary hearing.  Commissioner Covington Seconded.  The motion was unanimously approved.

     

    1. PUBLIC EMPLOYEE DISCIPLINE, CASE NO. 2021-03: COMMISSION DELIBERATIONS ON PROPOSED FINDINGS OF FACT, AND POSSIBLE APPROVAL OF FINDINGS OF FACT REGARDING COMMISSION’S DECISION ON EMPLOYEE SUSPENSION APPEAL [Action]

    At a meeting on January 12, 2022, regarding the above-referenced matter, the Commission deliberated and reached a decision on employee discipline.  The Commission is now considering proposed Findings of Fact in relation to that decision.

     

    Also, in closed session for this item was:  Deputy City Attorney Brad Russi

    Commission Secretary, Maureen Conefrey

     

    Vice President Nakajo Moved to approve the Findings of Fact as Submitted.  President Feinstein Seconded.  The motion was unanimously approved.

     

    1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION. Conference with legal counsel to discuss existing litigation pursuant to Government Code Section 54956.9(a), (c), (d), and Administrative Code Section 67.10(d)(1) and possible recommendation to the Board of Supervisors for settlement approval or to take other action.  [Action item]

     

    Existing Litigation:

    Lawrence Thomas v. City and County of San Francisco, et al.

    San Francisco Superior Court Case No. CGC-20-585622

     

    Also, in closed session for this item was:  Deputy City Attorney Brad Russi

    Commission Secretary, Maureen Conefrey and Deputy City Attorney, Kate Kimberlin

     

    Vice President Nakajo Moved to recommend the settlement to the Board of Supervisors.  Commissioner Cleaveland seconded.  The motion was unanimously approved.

     

    10.       REPORT ON ANY ACTION TAKEN IN CLOSED SESSION [Discussion and possible action] as specified in California Government Code Section 54957.1(a) and San Francisco Administrative Code section 67.12(b).

     

    There was nothing to report.

     

    11.       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]

     

    Commissioner Covington Moved to not disclose.  Commissioner Morgan seconded.  The motion was unanimously approved.

     

    12.       ADJOURNMENT      President Feinstein adjourned the meeting at 11:46 a.m.