Fire Commission - June 16, 2021

Special Meeting - Deliberations
    Agenda

     

    SAN FRANCISCO San Francisco Fire Department Official Seal FIRE COMMISSION

     

    SPECIAL FIRE COMMISSION MEETING

    June 16, 2021, at 2:00 PM

    698

    Second Street
    , Room 102, San Francisco, CA  94107

    ________________________________________________________________

     

    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 (COVID-19) emergency, the Fire Commission’s regular meeting room at City Hall is closed, and meetings of the Fire Commission will convene remotely.

     

    Participating During Public Comment: By Phone

     

    Public Comment Call in number is: 

     

    1-415-655-0001

    Access Code:  146 227 6922

     

    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

    Tony Rodriguez

    Commissioner

    Stephen A. Nakajo

    Commissioner

    Francee Covington

    Commissioner

    Ken Cleaveland

     

     

    Chief of Department

    Jeanine Nicholson


    2.      PUBLIC COMMENT ON ITEM  3

    Public comment on all matters pertaining to Item 3 below, including public comment on whether to hold Item 3 in closed session.

     

    3.         POSSIBLE CLOSED SESSION REGARDING PERSONNEL MATTER

     

    1. VOTE ON WHETHER TO CONDUCT ITEM 3 (b) IN CLOSED SESSION [Action]

    The Commission may hear Item 3 (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]

     

    4.         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/.

     

     

     

    minutes of Fire Commission Special meeting

    June 16, 2021, at 2:00 PM

    ________________________________________________________________

     

     

    President Feinstein called the meeting to order at 2:08 p.m.

     

    Item No.

     

    1.         ROLL CALL
     

    President

    Katherine Feinstein

    President

    Vice President

    Tony Rodriguez

    Excused

    Commissioner

    Stephen A. Nakajo

    President

    Commissioner

    Francee Covington

    President

    Commissioner

    Ken Cleaveland

    President


    2.      PUBLIC COMMENT ON ITEM  3

    Public comment on all matters pertaining to Item 3 below, including public comment on whether to hold Item 3 in closed session.

     

    Keith Baraka spoke stating the matter should not be heard without the Hearing Officer, VP Rodriguez and that the Department has been treating him horrible and unfair and it needs to stop.

     

    3.         POSSIBLE CLOSED SESSION REGARDING PERSONNEL MATTER

     

    1. VOTE ON WHETHER TO CONDUCT ITEM 3 (b) IN CLOSED SESSION [Action]

    The Commission may hear Item 3 (b) in closed session pursuant to Government Code Section 54957(b) and Administrative Code Section 67.10(b).

     

    Commissioner Cleaveland Moved to hold the hearing in closed session.  Commissioner Nakajo.   Seconded.   The motion was unanimous.

     

    The commission went into closed session at 2:15 p.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 2:37 p.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).
       

    President Feinstein reported that no action was taken in closed session, and that the matter will be rescheduled to a later date.


    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]
     

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

     

    4.         ADJOURNMENT

     

    Commissioner Covington Moved to adjourn the meeting.  Commissioner Cleaveland Seconded.  The motion was unanimous.  President Feinstein adjourned the meeting at 2:39 p.m.