OMMISSION - PDF document

1 C IVIL S ERVICE C OMMISSION C ITY
C IVIL S ERVICE C OMMISSION C ITY AND C OUNTY OF S AN F RANCISCO CIVIL SERVICE COMMISSION REPORT TRANSMITTAL (FORM 22) Refer to Civil Service Commission Procedure for Staff - Submission of Written Reports for Instructions on Completing and Processing this For m 1. Civil Service Commission Register Number: 0100 - 20 - 7 2. For Civil Service Commission Meeting of: October 19, 2020 3. Check One: 4. Subject: 5. Recommendation: Ratification Agenda X 6. Report prepared by: Justin Barker, Employee & Labor Relations Analyst , City Administrator Human Resources Telephone number : (415) 554 - 6009 7. Notifications: Jamila Nuru 8. Reviewed and approved for Civil Service Commission Agenda: Date: 9. Submit the original time - stamped copy of this form and person(s) to be notified (see Item 7 above) along with the required copies of the report to: Executive Officer Civil Service Com mission 25 Van Ness Avenue, Suite 720 San Francisco, CA 94102 10. Receipt - stamp this form in the ä

2 “䌠刀䕃䔀䥐吠協䄀䵐 扯砠瑯â
“䌠刀䕃䔀䥐吠協䄀䵐 扯砠瑯⁴桥⁲楧桴⁵獩湧⁴桥⁴椀洀攀 獴愀洀瀠楮⁴桥⁃千⁏昀晩捥⸀ 䅴瑡挀桭敮琀 䍓䌀 ㈲†⠱ㄯ㤷⤀ CSC RECEIPT STAMP 9/29/20 City and County of San Francisco London N. Breed , Mayor Naomi M. Kelly , City Administrator Office of the City Administrator Human Resources 1155 Market Street, 4 th Floor San Francisco, CA 94103 - 1523 Main: (415) 554 - 6000 Fax1: (415) 554 - 6025 Fax2: (415) 554 - 6042 NOTIFICATION LIST - CSC REGISTER NO. 0100 - 20 - 7, JAMILA NURU Jamila Nuru Former 1322 Customer Service Agent Trainee, 311 NaMuawanda “NaM” Daniels Business Representative SEIU Local 1021 350 Rhode Island, Suite 100 San Francisco, CA 94103 Najuawanda.Daniels@seiu1021.org Micki Callahan Human Resources Director Department of Human Resources City and County of San Francisco 1 South Van Ness Avenue, 4th Floor San Francisco, CA 94103 Nancy Alfaro Director 311 Cu

3 stomer Service Center City and County
stomer Service Center City and County of San Francisco 1 South Van Ness, 2nd Floor San Francisco, CA 94103 Chanda Ikeda Director, Human Reso urces City Administrator Human Resources 1 Dr. Carlton B. Goodlett Place, Room 368 San Francisco, CA 94103 Svetlana Vaksberg Employee and Labor Relations Division Director City Administrator Human Resources 1155 Market Street, 4th Floor San Francisco, CA 94103 City and County of San Francisco London N. Breed , Mayor Naomi M. Kelly , City Administrator Office of the City Administrator Human Resources 1155 Market Street, 4 th Floor San Francisco, CA 94103 - 1523 Main: (415) 554 - 6000 Fax1: (415) 554 - 6025 Fax2: (415) 554 - 6042 Date: September 25, 2020 To: Honorable Civil Service Commission Through: Micki Callahan, Human Resources Director Through: Chanda Ikeda, Director, City Administrator Human Resources Through: Svetlana Vaksberg, Employee and Labor Relations Division Di

4 rector, City Administrator Human Resour
rector, City Administrator Human Resources From: Justin Barker, Employee and Labor Relations Analyst, City Administrator Human Resources Subject: Jami l a Nuru, former 1322 Customer Service Agent Trainee, San Francisco 311 Appeal of S11’s Decision to Place Future Employment Restriction Civil Service Register No.: 0100 - 20 - 7 I. AUTHORITY Pursuant to Civil Service Commission Rule 122, Article I, persons who are terminated from employment with restrictions placed on their future employment may appeal those restrictions to the Civil Service Commission for review. II. SUMMARY In February 2019 , San Francisco 311 (311) hired Ms. Nuru as a temporary exempt (TEX) 1322 Customer Service Agent Trainee. On April 1, 2020, Ms. Nuru was released from her employment after the Department of Human Resources, Equal Employment Opportunity Davison (DHR EEO) concluded an investigation and found that Ms. Nuru subjected her co - worker to sexual

5 harassment ; engaged in offensive and
harassment ; engaged in offensive and unwelcome conduct towards this co - worker due to their gender identity ; and demonstrated a lack of forthrightness during the investiga tionN MsN Nuru’s conduct violated the City’s Equal Employment Opportunity Policy (EEO Policy) and the Policy Regarding the Treatment of Co - workers and Members of the Public (Respect Policy). 3 CSC Register No. 0100 - 20 - 7 Nuru, Jamila Page 2 of 3 As discussed below, after careful review and consideration, th e Department placed a conditional, Citywide five (5) year future employment restriction for Ms. Nuru. Ms. Nuru is appealing the restriction. III. COMPLAINT AGAINST NURU AND DHR EEO INVESTIGATION On February 13, 2020, Ms. Nuru co - worker, a 1322 Customer Service Trainee ( Employee ) , reported that Ms. Nuru had subjected her to harassment based on her sex (Female Transgender) when MsN Nuru pressed her genital area against Employee #1’s arm and pulled her hair. On February 21, 2020 ,

6 Employee ’s complaint was reported D
Employee ’s complaint was reported DHR EEO. DHR EEO investigated the complaint. On February 21, 2020, Ms. Nuru was issued a Cease and Desist Order instructing her to immediately cease and desist from engaging in any direct communications with Employee # 1 and from engaging in any conduct that may violate the City’s EEO Policy, including, but not limited to: unwelcome touching, including pulling co - workers’ hairN On March 27, 2020 Micki Callahan, Director, DHR, issued a letter discussing DHR EEO’s inve stigative findings. Exhibit 1. T he evidence established that more likely than not Ms. Nuru subjected Employee to offensive and unwelcome physical and verbal conduct in violation of the City’s EEO Policy and Respect PolicyN MsN Nuru acknowledged she hugged her co - worker who found the hug unwelcome. In addition, Ms. Nuru acknowledged she initiated a sexually explicit discussion with co - workers. While Ms. Nuru denied the other allegations and said she pulled Employee’s hair uninte

7 ntionally, MsN Nuru lacked cre dibility
ntionally, MsN Nuru lacked cre dibility and the Employee was ultimately more credible. Ms. Callahan instructed 311 to take the following corrective actions: 1. Inform Ms. Nuru of the Human Resources Director’s determination that the investiga tion established she subjected Employee to sexual harassment and harassment due to gender identity in violation of the City’s EEO and Respect Policies; 2. Inform Ms. Nuru that the investigation revealed Ms. Nuru also engaged in inappropriate conduct of a sexual nature in the workplace when she initiated a discussion about a blue waffle, in further violation of the City’s EEO and Respect Policies; 3. Inform Ms. Nuru that the investigation revealed she further engaged in inappropriate conduct in the workplace when she repeatedly touched a co - wo rker’s body, which made the co - worker feel uncomfortable, in further violation of the City’s Respect Policy; and 4. Inform Ms. Nuru that her position with the City is an at - will TEX p

8 osition and release her from her positi
osition and release her from her position due to the egregious nature of her conduct with co - workers that included inappropriate physical touching, offensive and unwelcome comments, and a lack of forthrightness during an EEO investigation. 4 CSC Register No. 0100 - 20 - 7 Nuru, Jamila Page 3 of 3 On April 1, 2020, Ms. Nuru was released from employment. Exhibit 2 . The Department plac ed the f ollowing restriction on her future employment: N o future employment with the City and County of San Francisco for (5) years, subject to review and approval of the Human Resources Director. Additionally, must demonstrate three (3) years of satisfa ctory work experience outside the City and County service. IV. ISSUE ON APPEAL TO THE CIVIL SERVICE COMMISSION The issue on appeal is whether the restriction on MsN Nuru’s future employment with the City, including 311, is appropriate. In her Appeal, MsN Nuru’s representative does not explain the basis for the appeal. Exhibit 3 .

9 V. M N N­R­’ CONDITIONAL FUT
V. M N N­R­’ CONDITIONAL FUTURE EMPLOYMENT RESTRICTION IS JUSTIFIED As discussed, DHR EEO’s investigation determined that MsN Nuru engaged in sexual harassment and in unwelcome and offensiv e conduct towards her co - worker. Moreover, Ms. Nuru demonstrated a lack of forthrightness during the investigation. As such, a conditional future employment restriction is justified and necessary to assure that Ms. Nuru will not have the opportunity to again enga ge in such conduct towards City employees. The Department’s conditional rest riction requires that Ms. Nuru have at least three (3) years of satisfactory service with a n outside employer, wherein she would then be eligible to apply for City positions and seek City employment. Given that Ms. Nuru is young in her professional career, the Department believes such outside employment woul d offer Ms. Nuru the opportunity to gain valuable work experience, and grow in her professional maturity. It is the Department’s hope

10 that after Ms. Nuru gains additional wo
that after Ms. Nuru gains additional work experience, she will better understand what is appropriate behavior in the work place and the importance of being forthright. The Department’s hope is that such outside experience will enable Ms. Nuru to have a successful City career following her restrictions, if she so choses to pursue employment with the City again. VI. RECOMMENDATION For the reasons discussed above, 311 respectfully requests that the Civil Service Commission uphold the Department’s decision to impose a conditional Citywide future employment restriction on Ms. Nuru. Exhibits 1. DHR closure letter 2. Nuru R elease documents 3. Nuru ’s A ppeal 5 EXHIBIT 1 6 �� &#x/Att;¬he; [/;ott;&#xom ];&#x/Typ; /P; gin; tio;&#xn 00;&#x/Att;¬he; [/;ott;&#xom ];&#x/Typ; /P; gin; tio;&#xn 00;One South Van Ness Avenue, 4 FloorSan Francisco, CA 94103-5413 ● (415) 557-4800 Oity and Oounty of _an Cr

11 ancisco cepartment
ancisco cepartment of Iuman wesources aicki Oallahan Oonnecting teople with turpose Iuman wesources cirector www.sfd r.org CONFIDENTIAL March 27, 2020 Nancy Alfaro, Director Via Email San Francisco 311 nancy.alfaro@sfgov.orgOne South Van Ness Ave., 2Floor San Francisco, CA 94103 RE: Complaint of Discrimination Filed by EEO File No. 3373 Dear Director Alfaro: The San Francisco Charter, Section 10.103, and Civil Service Rule 103 provide that the Human Resources Director shall review and resolve all complaints of employment discrimination. The Charter defines discrimination as a violation of civil rights on account of race, religion, disability, sex, age, or other protected category. The City and Count

12 y of San Francisco (City) considers all
y of San Francisco (City) considers all allegations of discrimination a serious matter. The purpose of this letter is to inform you of my decision regarding a complaint filed by 1322 Customer Service Agent Trainee with San Francisco 311 (311) EEO File No. , alleging that Jamila Nuru, 1322 Customer Service Agent Trainee, subjected to sexual harassment and offensive and unwelcome conduct based on gender identity (male, transgender). As a remedy, requested a lateral transfer to another City department. complaint was assigned to Jennifer Burke, EEO Programs Specialist. On February 26, 2020, Burke met with for an intake interview, and on March 5, 2020, signed a charge of discriminationN Burke completed the investigation of allegations against Nuru. Please be advised that I have determined there is sufficient evidence to support five of claims of sexual harassment and offensive and unwelcome conduct due to gender identityby Nuru, in violation of the City’s Equal Employment Opportunity (EEOI PolicyandPolicy

13 Regarding the Treatment of Co-Workers an
Regarding the Treatment of Co-Workers and Members of the Public (Respect Policy). A copy of the determination letter sent to is enclosed, which details the investigative findings. BACKGROUND From September 2019 to early January 2020 and in early February 2020, approximately 12 hours a week, worked with Nuru. alleged that once, Nuru subjected to sexual harassment when Nuru pressed her genital area against arm. also alleged that four times, Nuru subjected to unwelcome and offensive conduct due to gender identity 7 ��Director Alfaro EEO File No. 3Page 2 of 4 including when Nuru pulled hair and said she wanted to make sure hair was not a “wigN” INVESTIGATIVE FINDINGS AND ANALYSIS The evidence established that more likely than not Nuru subjected to offensive and unwelcome physical and verbal conduct in violation of the City’s EEO Policy and Respect Policy. Nuru acknowledged she hugged and that found the hug unwelcome. In addition, Nuru acknowledged she initiated a sexually explicit discussion with co-worker

14 s. While Nuru denied other allegations
s. While Nuru denied other allegations and said she hair unintentionalNuru lacked credibility for the reasons cited below and was ultimately more credible. Credibility Determination Nuru Lacked Credibility The investigation established concerns with Nuru’s credibilityN First, Nuru was not forthright about touching co-workers. Nuru initially denied she leaned into a co-worker, but after being told about witness testimony, Nuru acknowledged she did so on a weekly basis. Because Nuru at first denied conduct that she engaged in so frequently and only acknowledged she did so when presented with witness testimony, the investigation found that Nuru was not forthright. Second, witness testimony refuted Nuru’stestimony. Although Nuru denied she ever touched 1324 Customer Service Agent, or said she Googled co-workers, two witnesses observed or heard Nuru do so, and Nuru could not explain why the witnesses would lie. In addition, Nuru alleged her sexually explicit comment about a “blue waffle vagina” came during an exis

15 ting conversation about STDs. However, a
ting conversation about STDs. However, a credible witness refuted Nuru’s allegationN 2. Was Credible The investigation found that overall, was credible. Witnesses corroborated that Nuru engaged in inappropriate behavior in the office including initiating a discussion about sexually explicit topic; touching a co-worker in an unwelcome, but non-sexual,manner; and telling supervisor she Googl-workers. In addition, a witness corroborated that avoided interacting with Nuru. Furthermore, provided consistent statements to a co-worker, CAHR, and during her interviews And did not have a strong motive to complain. Third-Party Witness Credibility The investigation found 1324 Customer Service Agent, not credible because was not forthright that she texted about ; that a family member worked at SF 311; and did not disclose that she spoke with 1326 Customer Service Agent Supervisor, and about her DHR EEO interview. The investigation did not reveal any oncerns with 1324 Customer Service Agents, credibility. 8 ��Director Alf

16 aro EEO File No. 3Page 3 of 4 Sufficie
aro EEO File No. 3Page 3 of 4 Sufficient Evidence to Support a Finding that Nuru Subjected Unwelcome and Offensive Conduct The investigation established that more likely than not, Nuru subjected to five instances of offensive and unwelcome conduct due to gender identity male, transgender) and that was sexual in nature. Although Nuru denied the allegations, one witness heard Nuru engage in sexually explicit commentary at work, and Nuru acknowledged she hugged and found the conduct unwelcome. In addition, was more credible than NuruTherefore, Nuru’sconduct violatedthe City’s EEO PolicyN REQUIRED RESOLUTION On February 8, RPRP, reported Nuru’s conduct to N On February 11, 2020, reported complaint to Kevin Dyer, Call Center Manager. On February 21, 2020, SF 311 issued Nuru a cease and desist order. Based on the foregoing, I am requiring 311 to take the following corrective actions: Jamila Nuru Inform Nuru of the Human Resources Director’s determination that the investigation established she subjected to sexu

17 al harassment and harassment due to gend
al harassment and harassment due to gender identity in violation of the City’s EEO and Respect Policies. Inform Nuru that the investigation revealed Nuru also engaged in inappropriate conduct of a sexual nature in the workplace when she initiated a discussion about a blue waffle, in further violation of the City’s EEO and Respect PoliciesNInform Nuru that the investigation revealed Nuru further engaged in inappropriate conduct in the workplace when she repeatedly touched a co-worker’s body, which made the co-worker feel uncomfortable, in further violation of the City’s Respect PolicyNInform Nuru that her position with the City is an at-will TEX position and release her from her position due to the egregious nature of her conduct with co-workers that includedinappropriate physical touching,offensive and unwelcome comments, and lack of forthrightness during an EEO investigation. 9 Director Alfaro EEO File No. 3Page 4 of 4 Please provide a report on completion of these corrective actions, including a copy of the signed ac

18 knowledgement of receipt, to Linda C. Si
knowledgement of receipt, to Linda C. Simon,Director, EEO and Leave Programs, DHR,c/o Rikki De Wit at Rikki.DeWit@sfgov.org with a copy to Jennifer Burke, EEO Programs Specialist, at Jennifer.Burke@sfgov.org by April 10 Thank you for your attention to these matters. Please feel free to contact Linda C. Simon at (415) -4837 should you have any questions. Sincerely, Micki Callahan Human Resources Director Encl.: March Letter from Micki Callahan to Elsa Isaacs City’s EEO Policy Acknowledgment of Receipt Form Naomi Kelly, City Administrator, GSA Chanda Ikeda, Human Resources Director, GSA Svetlana Vaksberg, Employee and Labor Relations Division Director, GSA Linda C. Simon, Director, EEO and Leave Programs, DHR 10 EXHIBIT 2 11 London N. Breed, MayorNaomi M. Kelly, City Administrator OFFICE OF THE Release from Temporarystomer Service Agent Trainee Positionotifyyou thatyou will be released fromyour temporaryexempt 1322 Customer Service Agent Trainee position with San Francisco 311 (311or Depa

19 rtment) effective close ofPlease be advi
rtment) effective close ofPlease be advised that exemployees serve atofthe Appointing Offi Appointinyou signed whFutureyment RestrictionInFebruaryyou begayouryment with 311. DuringPhase 1 ofthe trainingyour performance did not meet the Department’s expectations.you did not advance to Phase 2 of thean on MayDespite further coachingevelopment, and beingallowed additional timeto improveou did not advanceto theextrted on Februarythe Department intended to release you fryouryment.On FebruaryDepartment received a complaint allegingyou hadyourco-workealarassment and offensiveunwelcome conduct based onyourworkersenderentityansgender).CitFrancisco’s Deman Resources, Equal EmploymertunityEEO). On March 6, 2020, as part of theDHR EEO investigou wereinterviewed 12 Nuru, JamilaNotice of Release Page 2 of 3 In a letter dated March 27, ces Director, informed the Department that DHR EEO concluded its investigation which established the following: 1.You subjected your co-worker to sexual harassment and harassment due to genderidentity

20 in violation of the City’s EEO and
in violation of the City’s EEO and Respect Policies.2.You engaged in inappropriate conduct of a sexual nature in the workplace whenyou e initiated a discussion about “a blue waffle,” in further violation of theCity’s EEO and Respect Policies.3.You further engaged in inappropriate conduct in the workplace when yourepeatedlytouched a co-worker’s body, which made the co-worker feeluncomfortable, in further violation of the City’s Respect Policy.As result of the findings, the Department was directed to release you from your employment due to the egregious nature of your conduct with co-workers that included inappropriate physical touching, offensive and unwelcome comments, and a lack of forthrightness during an EEO investigation.Please be advised that based on the foregoing, the Department is placing the following restriction on your employment:No future employment with the City and County of San Francisco for (5) years, subject to review and approval of the Human Resources Director. Additionally, you

21 must demonstrate three (3) years of sati
must demonstrate three (3) years of satisfactory work experience outside the City and County service. See enclosed documents for additional details. All City property issued to you, including but not limited to, your City badge, and any City-issued equipment, must be immediately returned to Kevin Dyer, Call Center Manager, 311. If you have health benefits questions, please call Health Services at (415) 554-1750. If you have San Francisco Employees’ Retirement System (SFERS) or Deferred Compensation er Services at (415) 487-7000. The City’s Employee Assistance Program (EAP) is available to former employees, up to 30 days past the former employee’s separation date. For your reference, attached is the EAP brochure. If you have any questions, you may contact Justin Barker, Employee and Labor Relations Analyst, City Administrator Human Resources (CAHR), at (415) 554-6009 or justin.barker@sfgov.org.Thank you for your services. Sincerely, Chanda IkedaDirector, City Administrator Human Resources y, 13 Nuru, JamilaNot

22 ice of Release Page 3of 3cc:Nancy Alfaro
ice of Release Page 3of 3cc:Nancy Alfaro, Director, 311Kevin Dyer, Call Center Manager, 311Svetlana Vaksberg, Employee and Labor Relations Division Director, CAHROfficial Personnel File Encl.1.Separation Report Notice to Exempt Notice of Future Employment RestrictionNotice of Separation from EmploymentEAP Brochure 14 DEPARTMENT OF HUMAN RESOURCES INSTRUCTIONS:Please complete the Separation Report to: 1.Document internal departmental processes. Please do not send to 2.Documentthattheemplo y eeseparationisnota complete separation from Cit y service,SeparationReport must be completed b y thesendin g department and submitted to the receivin g department to be attached to the AP 3.To process a la y off.Please sendto the DHR la y off coordinator. ( Reference TER_RZA ) *Date of Request: Department Contact: Email: Phone: SECTION I: PERSONAL AND JOB INFORMATIONName ( Last, First, M.I. ) : Emplo y ee I.D:Job

23 Code: Job Title:Position Number
Code: Job Title:Position Number: Hourl y Rate: Step: Effective Date: Empl. Class:Work Schedule: Is the emplo y ee servin g a probationar y period at the time of the separation? Yes NoIs this a complete separation from Cit y and Count y Service? YesNo no, continuin g in:Department Code: Status: Job Code: Effective Date:Is emplo y ee g ranted leave pursuant to Civil Service Rule 120.31? YesNo no, is emplo y ee a transfer? No Yes, t y pe of Transfer: SECTION II: SEPARATION INFORMATION Resi g nationSatisfactor y Services ( TER_RSS ) Unsatisfactor y Services ( TER_RUS ) ( Form DHR 1-13 must be on file ) B y theappointee:Ihereb y freel y andvoluntaril y resi g nfromtheaboveposition.Irequestapprovalofthis g nation as of the effective date with the full understandin g that once approved, I ma y acquire anotherposition

24 in thisclassonl y asprovidedintherule
in thisclassonl y asprovidedintherulesoftheCivilServiceCommission ( seeemplo y eecop y andCSCRules ) .Emplo y ee Si g nature Date La y -offInvoluntar y Leave ( PCS_LIL ) Elective Involuntar y Leave ( PCS_EIL ) Involuntar y La y -off ( PCS_LIO ) Voluntar y La y -off ( PCS_LVO ) ( PV & EX Onl y) :Reason for la y -off:Emplo y ee acknowled g es receipt of the DHR information leaflet. Emplo y ee Si g nature Date administer a settlement a g reement involvin g the separation of the emplo y ee-submit documentation to y our Client Services Representative. CityandCountyofSanFranciscoDepartmentofHumanResourcesMickiCallahanConnectingPeoplewithPurposeHumanResourcesDirector SEPARATIONREPORT (415)554-6014Nuru,JamilaCCustomerServiceAgentTrainee

TEX A sNeeded(Irregular) (SelectOne) (SelectOne) (SelectOne) (SelectOne) 15 SEPARATION REPORT DEPARTMENT USE ONLYTerminationSettlement A g reement ( TER_RZA ) * ( Separation Report and Set

25 tlement A g reement must be forw
tlement A g reement must be forwarded to Client Services Rep. ) Release from appointment:Release from probation:Dismissal:Terminated for cause ( TFC ) ( TPV,NCS, & Exempts onl y) A utomatic Resi g nation ( ARS ) Never Reported to Work ( DSH ) Death of an emplo y ee ( DEA ) Other ( Specif y) :Retirement: DEPARTMENT CERTIFICATIONThe Appointin g Officer/Authorized Desi g nee named below hereb y certifies that the information provided on this Separation Report is accurate, complete, and in compliance with applicable CCSF rules and policies. A ppointin g Officer/Authorized Desi g nee Si g nature TelephoneName/Title: Number: Department Name: Personnel File Forwarded? Yes No Forwarded to: Department: ----------------------------------------------------------------------------------------------------------------------------- ---------------------------- DHR USE ONLY A ction

26 Pendin g ? Yes No A nal y st
Pendin g ? Yes No A nal y st Name TelephoneSR Ref Number: Holdover Canvass:Reference Number used for la y off actions: Page 2 Revised September 2018 , p, p u thorized Desi g nee S i g natu re

Off.oftheCityAdm.-ADM(70)TIS(75)DPW(90)
ReleaseofNCS,TPV,EX,(RLS) (SelectOne) (SelectOne) PCS(DPE) 16 ; __ uemporary Exempt ___ wrcioovIuermD oartIuime exempt appointment certain Ci�ter cau“eO vou 17 18 ��One South Van Ness Avenue, 4 FloorSan Francisco, CA 94103-5413 ● (415) 557-4800 City and County of San Francisco Department of Human Resources Micki Callahan Connecting People with Purpose Human Resources Director www.sfd h r.org NOTICE OF FUTURE EMPLOYMENT RESTRICTIONS Employee Name Mailing Date Street Address Department/Division City State Zip Type of Appointment This notice is to inform you that a future employment restriction is being imposed along with your separation action, or with

27 the action of automatic resignation, re
the action of automatic resignation, reported to the Department of Human Resources separating you from your position in Class , Title________________________, effective _______________, for the reasons outlined in the attached document(s). The items checked below are the restrictions made by the department on your future employability for positions covered by the San Francisco civil service system: No Restrictions on Employment Citywide Department(s) : Permanent Restriction DOT /SAPP Job Code(s) : Conditional Restriction Cancel Current Examination & Eligibility Status Conditional r estrictions may be lifted by proving you have satisfactorily met the following requirements: Requirement Type Description: Level of Measurement: Measurement Value: CER: Certification EXP: Work Experience LIC: Licensure SAP: Substance Abuse Program Other: In addition to the noted conditional restrictions, you are also restricted from specific attributes of a job class and/or department until you satisfacto

28 rily prove you meet the requirements t
rily prove you meet the requirements to lift the restriction(s) as noted below: Future Employment Restrictions Description: Level of Measurement: Measurement Value: 001: Vehicle/Heavy Machinery 002: Vulnerable Populations 003: Face to Face Contact w/Public 004: Contact w/Animals 005: Signing/Approving City Docs 006: Financial Instruments 007: Confidential/Privileged Information 008: IT Infra structure 009: Means of Entry to Living Spaces 010: Pharmaceutical/Drug Inventory 011: CDC Defined Toxins 012: Weapons/Explosives 013: City Property Valued � $100 19 ��DHR 1-13e (Revised 10-) 014: Electronic Voting Systems You may request a hearing before the Civil Service Commission on your future employability with the City and County of San Francisco. The Civil Service Commission has the authority to remove restrictions or impose additional restrictions on your future employability. You may request a hearing for review of any restrictions on your futu

29 re employability with the Civil Service
re employability with the Civil Service Commission within ________ calendar days of the mailing date of this notice or from the date of separation, whichever is later. The request must be submitted in writing to the Executive Officer, Civil Service Commission, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102 by _____________. Requests received after this date will not be considered and your right to a hearing will be forfeited. If you do not request a hearing or file an appeal, the Human Resources Director will take final administrative action to confirm the restriction(s) in effect on the date of separation (Note: Future Employment Restriction(s) effective immediately). If this matter is subject to the Code of Civil Procedures (CCP) Section 1094.5, the time by which judicial review must be sought is set forth in CCP Section 1094.6. (SEE BELOW) List #: Rank #: Pending Final Status of Action Organization: SIGNATURE METHOD

30 OF SERVICE:
OF SERVICE: Hand Delivered NAME Certified Mail TITLE INFORMATION FOR FORMER EMPLOYEE FOLLOWING SEPARATION This document serves as an official notice of future employment restrictions imposed with the Notice of Automatic Resignation from Employment to the former employee or with a Separation Action that is subject to the provisions of a collective bargaining agreement, to the Civil Service Commission, and the Department of Human Resources. A separated employee may request a hearing before the Civil Service Commission only for review of any restrictions on their future employability with the City and County of San Francisco. Such appeals or requests for hearing must be in writing and received from the employee or the •mploy••’s r•pr•s•ntativ• by th• dat• sp•cifi•d on this notice, or within twenty (20) calendar days from the mailing date of this notice, or the effective date of the separation, whichever is lat

31 er. The request must be submitted to the
er. The request must be submitted to the Executive Officer, Civil Service Commission, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102. An employee who requests a hearing within the time limits is entitled to: Representation by an attorney or authorized representative of own choice. Notification of date, time, and place of hearing at a reasonable time in advance. Insp•ction by th• •mploy••’s attorn•y or authoriz•d r•pr•s•ntativ• of thos• r•cords and materials on file with the Civil Service Commission which relate to the restrictions on future employability. Any interested party may request that the hearing be continued or postponed. The decision of the Civil Service Commission is final and not subject to reconsideration. In the absence of a timely request for a hearing as provided above, no later request for a hearing will be considered. 20 ��DHR 1-13e (Revised 10-) DEPARTMENT INSTRUCTIONS FOR COMPLETING FORM DHR 1-Refer to related provisions of appropriate collective bargaining a

32 greements Refer to CSC Rule 122, Article
greements Refer to CSC Rule 122, Article VI: Absence From Duty Without Leave (Misc) Refer to CSC Rule 222, Article IV: Absence From Duty Without Leave (UPPD) Refer to CSC Rule 322, Article VI: Absence From Duty Without Leave (UPFD) Use this form when: Thehas taken action of automatic resignation on an employee on the position, regardless of employment status; and/or the separation action is collective bargaining agreement. Complete the information on the top section of the form: Name, Address, City, State, Zip, Mailing Date, Department/Division, Type of Appointment, Type of Separation. In the first paragraph of the notice, enter the Class Number, Title and effective date of the separation. If there are no restrictions imposed with the separation, the box “no r•strictions on futur• •mployability,” must be checked to indicate this action, and attach applicable documents, e.g., a settlement agreement. Indicate the restrictions on future employability by checking the appropriate boxes. If the restrictions are conditional,

33 you must complete the section on the re
you must complete the section on the requirements needed to lift the restrictions, including the level of measurement (entry, journey, etc.and values (length of time in months, years, etc.) of the requirements. If Future Employment Restrictions are included, complete that section including details on the requirements eded to lift the restrictions. Attach a copy of all separation-related letters and supporting documentation. Documentation must provide justification and the rationale for the imposed restrictions. The separated employee may request a hearing for review of any restrictions on future employability. Indicate the date by which the appeal must be filed in the space provided. Consistent with the separation action, count twenty (20), or thirty (30), calendar days from the mailing date of the notice or the effective date of release, whichever is applicable. When counting the days, count the day after the mailing date as the first day. Complete the information on the bottom section of the form: Rank, List#, DSW#, and Empl

34 oyee Organization. Check the method of s
oyee Organization. Check the method of service used and tracking # if applicable. Indicate status of action: S•l•ct “P•nding” if Notic• of Futur• Employm•nt R•strictions is subj•ct to th• provisions of a collective bargaining agreement S•l•ct “Final” if th• status is not subj•ct to th• provisions of a coll•ctiv• bargaining agr••m•nt, or to updata pr•viously r•port•d “P•nding” action.Type in the name and title of the appointing officer. The appointing officer must sign the form. Send the original Notice of Future Employment Restrictions along with the original Notice of Automatic Resignation from Employment (DHR 1-48a) to the employee. Make two sets of copies of the notices; send one set of copy to DHR - Client Services along with the original Separation Report (DHR Form 1-67); and retain the other set of copy in the Official Employee Personnel Folder. Reminder: Imposed restrictions on future employability are effective immediately, and must be reported to DHR Client Ser

35 vices concurrent with the departmental n
vices concurrent with the departmental notice to separate the employee. This will enable timely and appropriate updates to DHR systems and other dependent programs, such as exams, adoptions of eligible lists, citywide recruitments, and certifications/referrals. 21 CITY AND COUNTY OF SAN FRANCISCONOTICE OF SEPARATION FROM EMPLOYMENT Mailing Date April 1, 2020 Name Jamila Nuru Department/Division San Francisco 311 Type of Appointment Temporary Exempt Type of Separation Dismissal This notice is to inform you that you are separated from your employment in Class 1322 Title Customer Service Agent Trainee Effective April 2, 2020 for the reasons outlined in the attached document(s). The following checked item applies: A. X You may request a hearing before the Civil Service Commission on your future employability with the civil service system of the City and County of San Francisco. The Civil Service Commission has the authority to remove restrictions or impose additional

36 restrictions on your future employabili
restrictions on your future employability. However, the Commission CANNOTreverse the department’s decision to terminate your employment. B. ___ As a promotive probationary employee (promotive status is determined b y the examination announcement), you may appeal your termination to the Civil Service Commission, as provided in Civil Service Commission Rule 17, Section 17.14. The Civil Service Commission may either sustain or reverse the decision of the department to terminate your employment. They may return you to a position in the class from which promoted or return you to a list of eligibles, with conditions on future employment. They may approve, remove, modify or impose additional restrictions on your future employability, to that recommended by the Department. This provision does not apply to the uniformed ranks of the Policy or Fire Departments. You may request a hearing for review of any restrictions on your future employability (when box A above is checked) or file an appeal of your termination (wh

37 en box B above is checked) with the Civi
en box B above is checked) with the Civil Service Commission within 20 calendar days of the mailing date of this notice or from the date of separation, whichever is later. The request must be submitted in writing to the Executive Officer, Civil Service Commission, 25 Van Ness Avenue, Suite 720, San Francisco, CA 94102 by 4/21/2020 Request received after this date will not be considered and your right to a hearing will be forfeited. If you do not request a hearing or file an appeal, the Human Resources Director will take final administrative action and the restriction(s) recommended, if any, will be in effect.The items checked below are the recommendations made by the department on your future employability forpositions covered by the San Francisco civil service system: No restrictions on future employability. Cancel any current examination and eligibility status. Accept the resignation as certified. No future employment with this department. X Dismiss from City and County Service. Return name to

38 the eligible list from which appointed t
the eligible list from which appointed to this position. X Approve the separation X No future employment with the City and County of San Francisco. (See below) X No future employment with the City and C ounty of San Francisco for (5) years, subject to review and approval of the Human Resources Director. Additionally, must demonstrate three (3) years of satisfactory work experience outside the City and County service. (Applicable to promotive probationa ry termination only.) Reinstate to a position in the class from which promoted: Class: ______________, Title: _______________________________________ If this matter is subject to the Code of Civil Procedures (CCP) Section 1094.5, the time by which judicial review must be sought is set forth in CCP Section 1094.6. SEE REVERSE SIDE MUST BE COMPLETED BY DEPARTMENT Rank: N/A List: N/A DSW : Authorized Signature Employee Organization: SEIU Local 1021 Chanda Ikeda METHOD OF SERVICE: Name Certi fied Mail: Hand

39 Delivered: Director , C ity Admini
Delivered: Director , C ity Administrator Human Resources Certified Mail #: Title 22 Attachment(s)13 (Revised 9/97)INFORMATION FOR FORMER EMPLOYEE FOLLOWING SEPARATIONThis document serves as official notice of the separation to the former employee, the Civil Service Commission, and the Department of Human Resources.A former promotive probationary employee who was terminated may file an appeal of the termination with the Civil Service Commission. Any other separated employee may request a hearing before the Civil Service Commission onlyfor review of any recommended restrictions on their future employability with the City and County of San Francisco. Such appeals or requests for hearing must be in writing and received fromthe employee or the employee’s representative within twenty (20) calendar days from the mailing date of this notice, or the effective date of the separation, which is later. The request must be submitted to the Executive Officer, Civil Service Commission, 25 Van Ness Avenue, Suite 720, San

40 Francisco, CA 94102.An employee who req
Francisco, CA 94102.An employee who requests a hearing within the time limits is entitled to:Representation by an attorney or authorized representative of her/his own choice.Notification of date, time and place of hearing at a reasonable time in advance.c. Inspection by the employee’s attorney or authorized representative of those records and materials on file with the Civil Service Commission which relate to the separation.Any interested party may request that the hearing be continued (postponed).The decision of the Civil Service Commission is final and not subject to reconsideration.In theabsence of a timely request fora hearing as provided above, no later request for a hearing will be considered. 23 EAP counselors are here for you, offering confidential, voluntary, free services to help support your emotional well - being. Individual Counseling Couples Counseling Referrals Mediation Critical Incident | Disruptive Event Response Workshops, Brown Bag Seminars , Trainings Contact EAP for a consultation or to schedu

41 le an appointment 415 - 554 - 0610 or 8
le an appointment 415 - 554 - 0610 or 800 - 795 - 2351 Monday Friday 8:00am 5:00pm 1145 Market Street, Suite 100, easily accessible by public transportation 24 EAP counselors offer a variety of services COUNSELING Emotional stress can affect your physical health, relationships, sense of well - being and work performance. Communication difficulties can interfere with relationships at work and at home. Getting help early can make a difference You or an immediate family member may use up to six (6) EAP counseling session per year. Call EAP for a consultation or to schedule an appointment for individual or couple counseling. REFERRALS If you need additional services, EAP can provide guidance on accessing mental health care and substance abuse services offered through your health plan or a community resource. EAP can also provide resources for domestic violence, elder care, legal support and financial concerns. MEDIATION Mediation is available to help you find resolution of interpersonal workplace problems t

42 hat result from personality conflicts,
hat result from personality conflicts, communication difficulties and duty disagreements. Mediation must be arranged by your supervisor with an EAP counselor. CRITICAL INCIDENT | DISRUPTIVE EVENT RESPONSE Even emotionally resilient people may experience strong reactions when exposed to a traumatic or disruptive event. EAP is here to help support you process such an event so you can return to your regular routine. WORKSHOPS, BROWN BAG SEMINARS & TRAININGS EAP offers opportunities to help increase your well - being and capabilities in the workplace. Ask your Wellness Champion or your manager about bringing a workshop, seminar or training to your work group. 25 EXHIBIT 3 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 MC Temporary Exempt Jamila Nuru San Francisco 311 1322 April 1, 2020 4/2/2020 CSA Trainee 3 yrs satisfactory employment w/ employer 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 20 4 N/A 4 4 Email and U.S. Mail 4 SEIU Local 1021 Human Resources Director, CAHR N/A Chanda Ikeda 4/21/2020