Fire Commission - April 25, 2016

Special Commission Meeting
    Agenda

    Fire Commission Special meeting

    April 25, 2016 – 10:00 AM

    698 Second Street, Room 221, San Francisco, CA  94107

    ________________________________________________________________

    Agenda

    Item No.

    1.      ROLL CALL
     

    Commission Vice President Ken Cleaveland, Hearing Officer

    Commission President Francee Covington

    Commissioner Stephen Nakajo

    Commissioner Michael Hardeman

    2.   Case No. 2015-05:  COMMISSION DELIBERATIONS AND POSSIBLE ACTION ON EMPLOYEE SUSPENSION APPEAL [Action item]

    In accordance with Article 40, Section 4005 of the Rules and Regulations the employee has appealed a six-day suspension for violation of the Rules and Regulations as follows:

             Section 3909 – False Reports

             Section 3919 – Proper Behavior

             Section 3923 – Acts Detrimental to the Welfare of the Department

             Section 3924 – Disobedience

             Section 3925 – Insubordination

             
    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 Agenda items that are scheduled for discussion or action.  [Government Code §54954.3(a), Administrative Code §67.15(b)]

    1.         Public Comment on Agenda Item No. 2, including [if there is a motion or request to go into Closed Session] public comment on whether to go into Closed Session.

    2.         If there has been a motion or request to go into Closed Session:  Vote on whether to hold Closed Session.  [Action Item]

    B.        Deliberations/Possible Action, Open or Closed Session

    1.         Deliberations, and possible action on Suspension Appeal [Action Item]

    C.        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 Regular 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 www.sf-fire.org/fire-commission.  Office hours are from 8:30 a.m. to 5:00 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 current Sunshine Ordinance Task Force Administrator, Frank Darby, Jr., 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 THE Fire Commission Special meeting

    April 25, 2016 – 10:00 AM

    698 Second Street, Room 221, San Francisco, CA  94107

    ________________________________________________________________

     

    President Covington called the meeting to order at 10:00 AM.

    Item No.

     

    1.    ROLL CALL 

    Commission Vice President Ken Cleaveland, Hearing Officer

    Commission President Francee Covington

    Commissioner Stephen Nakajo

    Commissioner Michael Hardeman

    Also Present:

    Brad Russi, Deputy City Attorney, Government Team – Counsel to the Commission

    Maureen Conefrey, Commission Secretary

    2.   Case No. 2015-05:  COMMISSION DELIBERATIONS AND POSSIBLE ACTION ON EMPLOYEE SUSPENSION APPEAL [Action item]

    In accordance with Article 40, Section 4005 of the Rules and Regulations the employee has appealed a six-day suspension for violation of the Rules and Regulations as follows:

             Section 3909 – False Reports

             Section 3919 – Proper Behavior

             Section 3923 – Acts Detrimental to the Welfare of the Department

             Section 3924 – Disobedience

             Section 3925 – Insubordination

         
    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 Agenda items that are scheduled for discussion or action.  [Government Code §54954.3(a), Administrative Code §67.15(b)]

    1.         Public Comment on Agenda Item No. 2, including [if there is a motion or request to go into Closed Session] public comment on whether to go into Closed Session.
     

    President Covington called for public comment.  No member of the public came forward and President Covington closed public comment.

    2.         If there has been a motion or request to go into Closed Session:  Vote on whether to hold Closed Session.  [Action Item]
     

    Vice President Cleaveland made a motion to hold deliberations in Closed Session.  Commissioner Hardeman seconded, and the motion was unanimously approved.  (4-0; Cleaveland, Covington, Nakajo, Hardeman,)

    B.        Deliberations/Possible Action, Open or Closed Session
     

    The Commission held deliberations in Closed Session at 10:00 a.m.

    1.         Deliberations, and possible action on Suspension Appeal [Action Item]

    C.        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 10:59 a.m.

    Member pled not guilty to the charges of violating San Francisco Fire Department Rules and Regulations Section 3909 – False Reports; Section 3919 – Proper Behavior; Section 3923 – Acts Detrimental to the Welfare of the Department; Section 3924 – Disobedience; and Section 3925 – Insubordination. 

    By a vote of 3 to 1, the Commission voted to uphold all of the charges against member and to uphold the penalty of a 6-day suspension imposed by Chief of Department. (Ayes: Cleaveland, Nakajo, Hardeman; No:  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 Nakajo made a motion not to disclose discussion held in Closed Session.  Commissioner Hardeman seconded, and the motion was unanimously approved.  (4-0; Cleaveland, Covington, Nakajo, Hardeman,)

    3.         ADJOURNMENT

    President Covington adjourned the meeting at 11:00 a.m.