Fire Commission - March 16, 2017

Special Fire Commission Meeting
    Agenda

    FIRE COMMISSION SPECIAL MEETING
    March 16, 2017 – 10:00 AM
    698 Second Street, Room 102, San Francisco, CA  94107
    ________________________________________________________________
     
     
    AMENDED AGENDA
     
    Item No.
     
    1. ROLL CALL 
     
    Commission President Ken Cleaveland 
    Commission Vice President Stephen Nakajo
    Commissioner Michael Hardeman
    Commissioner Francee Covington
     
    2. CASE NO. 2016-03:  CONTINUATION OF FEBRUARY 9, 2017 CLOSED SESSION HEARING AND DELIBERATIONS ON EMPLOYEE DISCIPLINE CONCERNING VERIFIED COMPLAINT FILED BY CHIEF OF DEPARTMENT AGAINST MEMBER, DATED SEPTEMBER 20, 2016, FOR VIOLATIONS AS FOLLOWS:
     
     Section 2004 – Restricted Passengers
     Section 3905 – Familiarity with the Rules
     Section 3907 – Safety Rules
     Section 3909 – False Reports
     Section 3919 – Proper Behavior
     Section 3921 – Inattention to Duty
     Section 3923 – Acts Detrimental to Welfare of Department
     Section 3941 – Use of Vehicles
     
    This matter was in progress in closed session pursuant to the posted Special Agenda Meeting of February 9, 2017 when a medical emergency interrupted the proceedings.  
     
    A. Public Comment on Special Meeting Agenda Item; Possible Closed Session
     
    Members of the public may comment on all matters pertaining to Agenda Item No. 2, and whether to consider the matter in Closed Session.  [Government Code § 54954.3(a), Administrative Code § 67.15(b)]
     
    B. Vote on whether to continue hearing in closed session [Action]
     
    C. Hearing and Deliberations 
     
    1.  Hearing on verified complaint (in open or closed session, per the Commission’s decision)
     
    2.  Deliberations and possible action on charges (in open or closed session, per the Commission’s decision) [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 Government Code Section 54957.1(a)(5) and 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 Administrative Code Section 67.12(a).  [Action]
     
    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 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 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
    Thursday, March 16, 2017 - 10:00 a.m.
     
    698 Second Street, Room 102  San Francisco  California  94107
     
     
    President Cleaveland called the meeting to order at 10:02 AM. 
     
    Item No.
     
    1. ROLL CALL
     
    President Ken Cleaveland 
    Vice President Stephen A. Nakajo
    Commissioner Michael Hardeman
    Commissioner Francee Covington
     
    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
    Daniel Thompson, Counsel to Member
    Stephen Giacalone, Local 798 Representative
    Elizabeth Wood, Court Reporter
     
    2. CASE NO. 2016-03:  CONTINUATION OF FEBRUARY 9, 2017 CLOSED SESSION HEARING AND DELIBERATIONS ON EMPLOYEE DISCIPLINE CONCERNING VERIFIED COMPLAINT FILED BY CHIEF OF DEPARTMENT AGAINST MEMBER, DATED SEPTEMBER 20, 2016, FOR VIOLATIONS AS FOLLOWS:
     
     Section 2004 – Restricted Passengers
     Section 3905 – Familiarity with the Rules
     Section 3907 – Safety Rules
     Section 3909 – False Reports
     Section 3919 – Proper Behavior
     Section 3921 – Inattention to Duty
     Section 3923 – Acts Detrimental to Welfare of Department
     Section 3941 – Use of Vehicles
     
    This matter was in progress in closed session pursuant to the posted Special Agenda Meeting of February 9, 2017 when a medical emergency interrupted the proceedings.  
     
    A. Public Comment on Special Meeting Agenda Item; Possible Closed Session
     
    Members of the public may comment on all matters pertaining to Agenda Item No. 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. Vote on whether to continue hearing in closed session [Action]
     
     
    B. Vote on whether to continue hearing in closed session [Action]
     
    Commissioner Hardeman made a motion to hold hearing and conduct deliberations in Closed Session.  Commissioner Covington seconded, and the motion was unanimously approved.  (4-0; Cleaveland, Nakajo, Hardeman, Covington)
     
    The Commission went into closed session at 10:07.
     
    C. Hearing and Deliberations 
     
    1. Hearing on verified complaint (in open or closed session, per the Commission’s decision)
     
    The Commission took a lunch break from 12:20 p.m. to 1:03 p.m. when they reconvened in closed session.
     
    The evidentiary hearing concluded at 2:44 p.m.
     
    2. Deliberations and possible action on charges (in open or closed session, per the Commission’s decision) [Discussion and Possible Action]
     
    The Commission held Deliberations in closed session at 2:57 p.m.
     
    D. If Closed Session is held, reconvene in Open Session
     
    1. Report on any action taken in Closed Session as specified in Government Code Section 54957.1(a)(5) and Administrative Code Section 67.12(b)(4).
     
    The Commission reconvened in Open Session to report action taken at 3:32 p.m.
     
    The Commission will continue deliberations during a special meeting on March 22, 2017 at 4:00 p.m., at City Hall, Room 400, San Francisco, CA, 94102.
     
    2. Vote to elect whether to disclose any or all discussions held in Closed Session, as specified in Administrative Code Section 67.12(a).  [Action]
     
    Commissioner Covington made a motion not to disclose discussion held in Closed Session.  Commissioner Hardeman seconded, and the motion was unanimously approved.  (4-0; Cleaveland, Nakajo, Hardeman, Covington,)
     
    3. ADJOURNMENT
     
    President Cleaveland adjourned the meeting at 3:37 p.m.