Fire Commission - May 25, 2017

Special Fire Commission Meeting
    Agenda

    FIRE COMMISSION SPECIAL MEETING
    May 25, 2017 – 9:30 AM
    698 Second Street, Room 102, San Francisco, CA  94107
     
     
     
    AGENDA
    Item No.
    1. ROLL CALL 
     
    2.   CASE NO. 2016-04:  HEARING AND DELIBERATIONS ON VERIFIED COMPLAINT FILED WITH THE COMMISSION BY CHIEF OF DEPARTMENT [Discussion and possible action]
     
    On September 20, 2016, Chief of Department Joanne Hayes-White filed a verified complaint with the Commission against member for violations as follows:
     
    Section 2004 – Restricted Passengers
    Section 3905 – Familiarity with the Rules
    Section 3907 – Safety Rules
    Section 3909 – False Reports
    Section 3921 – Inattention to Duty
    Section 3923 – Acts Detrimental to Welfare of Department
    Section 3941 – Use of Vehicles
    Section 4003 – Duty to Report Breach of Duty or Misconduct.
     
    This case may be heard in Closed Session pursuant to Government Code Section 54957(b) and San Francisco Administrative Code Section 67.10(b).
     
    A. Public Comment on Special Meeting Agenda Item; Possible Closed Session
     
    Members of the public may comment on all matters pertaining to Agenda Item 2 and whether to consider the matter in closed session.  [Government Code §54954.3(a), Administrative Code §67.15(b)]
     
    B. Votes on Closed Session
     
    1.  Whether to hold the hearing on the verified complaint in closed session [Action]
     
    2. Whether to conduct deliberations in closed session [Action]
     
    C.   Hearing and Deliberations
     
    1. Hearing on verified complaint (in open or closed session, per the Commission’s vote)
     
    2. Deliberations and possible action on charges (in open or closed session, per the Commission’s vote) [Discussion and Possible Action]
     
     
    D. 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]
     
    3. 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
    May 25, 2017 – 9:30 AM
    698 Second Street, Room 102, San Francisco, CA  94107
     
     
     
    President Cleaveland called the meeting to order at 9:35 a.m.
    Item No.
    1. ROLL CALL 
     
    President Ken Cleaveland 
    Vice President Stephen A. Nakajo
    Commissioner Michael Hardeman
    Commissioner Francee Covington
    Commissioner Joe Alioto Veronese
     
    Also Present:
    Brad Russi, Deputy City Attorney, Government Team – Counsel to the Commission
    Maureen Conefrey, Commission Secretary
    Joanne Hayes-White, Chief of Department
    Lisa Berkowitz, Deputy City Attorney, Counsel to the Department
    James Bustamante, Attorney for member
    Dawn Sandner, Court Reporter
     
    2.   CASE NO. 2016-04:  HEARING AND DELIBERATIONS ON VERIFIED COMPLAINT FILED WITH THE COMMISSION BY CHIEF OF DEPARTMENT [Discussion and possible action]
     
    On September 20, 2016, Chief of Department Joanne Hayes-White filed a verified complaint with the Commission against member for violations as follows:
     
    • Section 2004 – Restricted Passengers
    • Section 3905 – Familiarity with the Rules
    • Section 3907 – Safety Rules
    • Section 3909 – False Reports
    • Section 3921 – Inattention to Duty
    • Section 3923 – Acts Detrimental to Welfare of Department
    • Section 3941 – Use of Vehicles
    • Section 4003 – Duty to Report Breach of Duty or Misconduct.
     
    This case may be heard in Closed Session pursuant to Government Code Section 54957(b) and San Francisco Administrative Code Section 67.10(b).
     
    A. Public Comment on Special Meeting Agenda Item; Possible Closed Session
     
    Members of the public may comment on all matters pertaining to Agenda Item 2 and whether to consider the matter in closed session.  [Government Code §54954.3(a), Administrative Code §67.15(b)]
     
    President Cleaveland called for public comment.  No member of the public came forward and President Cleaveland closed public comment.
     
    B. Votes on Closed Session
     
    1. Whether to hold the hearing on the verified complaint in closed session [Action]
     
    2. Whether to conduct deliberations in closed session [Action]
     
    Commissioner Covington made a motion to conduct the hearing and deliberations in Closed Session.  Commissioner Hardeman seconded, and the motion was unanimously approved.  (5-0; Cleaveland, Nakajo, Hardeman, Covington, Veronese)
     
    C.   Hearing and Deliberations
     
    1. Hearing on verified complaint (in open or closed session, per the Commission’s vote)
     
    2. Deliberations and possible action on charges (in open or closed session, per the Commission’s vote) [Discussion and Possible Action]
     
    The Commission went into closed session at 9:38
     
    There was a lunch break from 12:00 p.m. to 1:03 p.m.
     
    There was a short break from 3:30 to 3:50 and the evidentiary hearing concluded at 4:35 p.m.
     
    D. 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).
     
    The Commission reconvened in Open Session to report action taken at 5:59 p.m.
     
    Member pled guilty to the charges of violating San Francisco Fire Department Rules and Regulations Section 2004- Restricted Passengers; Section 3905 – Familiarity with the Rules; Section 3907 – Safety Rules; Section 3921 – Inattention to Duty; Section 3923 – Acts Detrimental to Welfare of Department; and Section 3941 – Use of Vehicles. Section 4003 – Duty to Report Breach of Duty or Misconduct.   
     
    Based on Member’s plea, the Commission found Member guilty of violating the rules mentioned above by a vote of 5 to 0 (Ayes: Cleaveland, Nakajo, Covington, Hardeman, Veronese).  
     
    Member pled not guilty to the charge of violating Section 3909 – False Reports.  The Commission found Member not guilty of violating Section 3909 by a vote of 4 to 1 (Ayes: Cleaveland, Covington, Hardeman, Veronese; Nos: Nakajo).
     
    Regarding the penalty, the Commission voted unanimously (Ayes: Cleaveland, Nakajo, Covington; Hardeman, Veronese) to terminate Member’s employment with the Department, but to hold that termination in abeyance for a period of 3 years from the date of the Commission’s decision.  Should any new charges by lodged against Member during the abeyance period, and should the Commission sustain such new charges, the Commission may (1) terminate Member’s employment, or (2) impose the level of discipline the Commission deems appropriate for the new charges.  
     
    The Commission further imposed a suspension of 2 calendar months by a vote of 3 to 2 (Ayes: Cleaveland, Hardeman, Veronese; Nos:  Nakajo, Covington).
     
     
     
    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 Veronese made a motion not to disclose discussion held in Closed Session.  Commissioner Hardeman seconded, and the motion was unanimously approved.  (5-0; Cleaveland, Nakajo, Hardeman, Covington, Veronese)
     
    3. ADJOURNMENT
     
    President Cleaveland adjourned the meeting at 6:01 p.m.