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Fire Commission adopts interim administrative-appeal rules and backs charter change for disciplinary process
Summary
The commission unanimously adopted interim rules allowing administrative appeals to an Office of Administrative Hearings judge and voted to recommend a charter amendment to let the fire chief make final disciplinary decisions while preserving an appeal right to the commission.
The Fire Commission voted unanimously on two linked items affecting disciplinary procedure. City attorney Mr. Russi explained that a recent appellate decision about police disciplinary processes created a legal vulnerability in the city charter for peace officers and firefighters: state law requires an administrative appeal for disciplinary matters involving suspensions longer than 10 days.
Item 6: Interim administrative-appeal rules. The commission adopted interim rules that allow a member disciplined by the commission to appeal the commission’s final decision to an administrative law judge at the Office of Administrative Hearings. Vice President Francie Covington moved adoption of the interim rules subject to meet-and-confer with affected unions; Commissioner Ken Cleveland seconded. The motion passed by unanimous voice vote.
Item 7: Proposed charter amendment. The city attorney presented draft charter language that would allow the fire chief to make the final disciplinary decision in all matters (currently the chief imposes discipline up to 10 days and the commission acts on cases above that threshold) while preserving a right to appeal to the commission. Commissioners discussed potential effects on caseloads, the risk of added appeals, and the requirement to meet-and-confer with labor before any ballot placement. Commissioner Ken Cleveland moved that the commission recommend the draft charter amendment to the Board of Supervisors; Commissioner Joe Alioto Veronese seconded. The motion passed unanimously. Staff noted that placing a charter amendment on the ballot would require Board of Supervisors action and required meet-and-confer with unions.
The votes were recorded in the meeting minutes, and no public commenters addressed these items during the meeting. Commissioners who raised concerns about potential delays or unintended consequences asked that the city attorney and staff pursue meet-and-confer promptly and return with any revisions before a ballot referral.
