OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Diego Civil Service Commission Meeting - October 3, 2025

Civil Service CommissionFriday, October 3, 2025
BodySan Diego, California
SessionCivil Service Commission
DateFriday, October 3, 2025
StatusFILED
Video Record
0:00 / 33:53

Transcript — Verbatim
0:01

Recording started, ready to begin.

0:05

We start with open session.

0:30

Is that anybody who cares to be in the all right?

0:37

Brandon?

0:38

Good.

0:38

All right.

0:39

Welcome to the civil service committee.

0:41

I am Commission Vice President Will Moore and presiding today in the absence of our uh Commission.

0:48

President Portillo.

0:50

We're gonna do a quick roll call to confirm commissioner attendance.

0:53

When I call your name, please say present.

0:54

Commissioner Freeman.

0:56

President.

0:56

Commissioner Merrill.

0:58

President.

0:58

Commissioner Pham.

0:59

Present.

1:00

I am present and President Portillo is absent.

1:04

Thank you.

1:04

Your attendance has been noted.

1:06

Also joining us today are personnel director, David Dallager, assistant personnel director Ann Lamin Aban, Senior Deputy City Attorney David Carlin, and assistant to the personnel director, Saber O'Neill.

1:17

There are seven items on this morning's closed session agenda.

1:22

And they are as follows public employment, employment disqualification pursuant to California Government Code 54957D1.

1:29

Brendan Burns appealing their conviction record disqualification for the position of safety representative two.

1:36

Kalina L.

1:36

Christensen appealing their conviction record disqualification for the position of therapeutic recreation leader, and Joseph A.

1:44

Meza, appealing their conviction record disqualification for the position of laborer.

1:52

The next items are public employments deliberation on disciplinary appeals pursuant to California Government Code Section 54957.

2:02

Eric Allen appealing their suspension from the position of firefighter two.

2:07

Michael Bauman appealing their demotion from position of lifeguard to Austin Kissinger appealing their termination from the position of fire engineer, and Brian Knapp appealing their termination from the position of collections investigator.

2:21

One public comment.

2:23

Is there anyone wishing to make a public comment on an item on the closed session agenda?

2:29

We will take in-person public comment first and move to public comments via Zoom.

2:35

Second, how many public countries do we have?

2:38

All right, we have three minutes.

2:41

Thank you, sir.

2:42

My name's Jim Cunningham.

2:44

I'm an attorney for Austin Kissinger.

2:46

I'm also general counsel for San Diego Firefighters Association.

2:50

Honored to be here this morning.

2:52

Before you go in close session on this particular uh matter, I think a few things are important to note.

2:57

One, of course, is an undisputed, and I don't think uh the city or the department would object uh to the notion that Mr.

3:04

Kissinger is one of the most respected uh firefighters uh in his 17-year career.

3:09

Uh we have witness after witness after witness, including the fire chief himself, uh, who said there is no question that he's a dedicated uh hardworking firefighter.

3:18

So we come down to uh his character, uh his ability to work unquestioned.

3:23

We come down to why he was terminated, and he was terminated for pleading guilty to a misdemeanor involving domestic violence.

3:30

He pled to a misdemeanor with a 75 fine.

3:34

No one, nowhere in the history of this department going back over 50 years has any firefighter ever been terminated for a misdemeanor.

3:41

No one over 50 years has any firefighter ever been terminated for pleading guilty to domestic violence misdemeanor.

3:49

Um this particular matter was not investigated.

3:53

Um he was never questioned by this by the city, uh, never interviewed by the city, and they never made an issue as to the facts surrounding the domestic violence.

4:03

The only issue was that he had pled guilty to a misdemeanor, domestic violence, which is crime of moral turpitude, and that was the extent of the investigation, as far as we knew.

4:13

But what really happened, it wasn't the misdemeanor, and it wasn't the 75 dollar fine.

4:18

It was the Skelly that took place that the Skelly officers reviewed a police report.

4:23

And they never revealed that they reviewed the police report.

4:26

And it was curious as to how incendiary or how upset the department was for this particular charge at this particular incident, yet the facts surrounding it were never brought up and never litigated in this courtroom.

4:38

Not one fact, not one witness was ever discussed or talked about in terms of what happened here.

4:43

And if you're just looking at a police report, we know a police report is a one-sided report that the that the that the uh defendant does not have the opportunity to review.

4:53

Reasons given for accepting the misdemeanor plea were given at the hearing in this matter, and we're undisputed.

5:00

No dispute as to as to his scientist or knowledge as to what he was doing and why he did it.

Discussion Breakdown — Share of Meeting
Personnel Matters█████████████████████████████████████████████74%
Procedural███████11%
Public Comment████6%
Fiscal Sustainability████6%
Community Engagement██3%
Summary of Proceedings

San Diego Civil Service Commission Meeting - October 3, 2025

The Civil Service Commission convened in closed session in the morning and resumed in regular session at 1:13 p.m. on October 3, 2025. Vice President Will Moore presided in the absence of President Portillo. The meeting addressed appeals of employment disqualifications, disciplinary appeals, leave requests, classification deletions, and an informational update on the citywide reduction in force (RIF) process.

Consent Calendar

  • Approved consent agenda items 3 through 9 and 11 through 12, including minutes from the September 4, 2025, commission meeting, by a unanimous vote (4-0).

Public Comments & Testimony

  • Jim Cunningham, attorney for appellant Austin Kissinger and general counsel for the San Diego Firefighters Association, argued against Kissinger’s termination. He stated: Kissinger is a highly respected firefighter with 17 years of service; the termination was based on pleading guilty to a misdemeanor domestic violence charge (with a $75 fine), which no firefighter in over 50 years has been terminated for; the city failed to investigate or interview Kissinger; a Skelly violation occurred when the city relied on a police report without disclosing it; and the police report is one-sided, as Kissinger did not have an opportunity to review it. He urged the commission to consider only the fact that Kissinger pleaded guilty to a misdemeanor and not the unlitigated facts of the incident.

Discussion Items

  • Item 10 – Special Leave Without Pay Request (Dion Moore): Staff presented a request from Dion Moore Jr., a plant operator trainee, for a five-month special leave without pay ending September 26, 2025, but Moore requested an end date of October 10, 2025, due to medical reasons. The Public Utilities Department recommended approval. The commission granted the leave with the job saved, ending October 10, 2025, by a unanimous vote (4-0).
  • Item 13 – Special Leave Without Pay Request (Mario Ramon): A request from Mario Ramon, a laborer, for a one-year special leave without pay ending September 11, 2026, to obtain a commercial driver license and Grade 2 D2 certification. The Public Utilities Department recommended modification to place Ramon’s name on an eligible list rather than job-saving. Raymond asked for clarification. The commission approved the one-year leave with the name on eligible list by a unanimous vote (4-0).
  • Item 14 – Exemption from Classified Service: A request from the Council Administration Office to exempt a Council Representative 1 position from the classified service. The position will support District 9 neighborhoods by attending community meetings, communicating council priorities, and resolving constituent concerns. Staff found the duties meet Charter Section 117. The commission approved the exemption unanimously (4-0).
  • Item 15 – Classification Deletions for FY 2027 Salary Ordinance: Staff recommended deleting 16 classifications (e.g., ARJIS Administrator, Stable Attendant, Tank Service Technician) and not deleting two (Agricultural Lease Manager, Fitness Specialist). The deletions were based on classifications not filled for over a decade and no longer needed. The commission approved the deletion list unanimously (4-0).
  • Item 16 – Personnel Manual Revision: A proposed revision to Index Code D3 adding Parking Enforcement Officer 1 as a career advancement opportunity for Special Event Traffic Control Controller 1. The commission approved the revision unanimously (4-0).
  • Item 17 – Informational Update on RIF Process: Personnel Director David Dallager reported on the citywide reduction in force: After eliminating over 200 positions, only 30 classified employees are impacted. Of those, 12 lack a vacancy in their classification and will need courtesy interviews or bump rights; the remaining 20 have vacancies in another department. The RIF deadline is December 2, 2025. For the Personnel Department, a target 20% reduction was narrowed to six positions, leaving two impacted staff members (both unclassified program coordinators), who have transitioned to the Public Utilities Department. Commissioners expressed concern over recruitment impacts and asked for continued visibility in the community. The director noted ongoing work on an EOOB evaluation and an evaluating committee.

Key Outcomes

  • Closed Session Votes:
    • Brandon L. Burns (Safety Representative): Motion to grant appeal failed (2-2), appeal denied.
    • Kalina L. Christensen (Therapeutic Recreation Leader): Motion to deny appeal passed 4-0.
    • Joseph A. Meza (Laborer): Motion to grant appeal passed 4-0.
    • Eric Allen (Firefighter 2, suspension): Motion to overturn suspension passed 4-0.
    • Michael Bauman (Lifeguard, demotion): Motion to uphold demotion passed 4-0.
    • Austin Kissinger (Fire Engineer, termination): Motion to uphold termination passed 4-0.
    • Brian Knapp (Collections Investigator, termination): Motion to uphold termination passed 4-0.
  • Regular Session Votes:
    • Consent agenda approved 4-0.
    • Item 10 (Dion Moore leave) approved 4-0 with job saved and end date October 10, 2025.
    • Item 13 (Mario Ramon leave) approved 4-0 with name on eligible list.
    • Item 14 (Council Representative 1 exemption) approved 4-0.
    • Item 15 (Classification deletions) approved 4-0.
    • Item 16 (Personnel manual revision) approved 4-0.
  • President Portillo was absent for all votes.

Meeting Transcript

Recording started, ready to begin. We start with open session. Is that anybody who cares to be in the all right? Brandon? Good. All right. Welcome to the civil service committee. I am Commission Vice President Will Moore and presiding today in the absence of our uh Commission. President Portillo. We're gonna do a quick roll call to confirm commissioner attendance. When I call your name, please say present. Commissioner Freeman. President. Commissioner Merrill. President. Commissioner Pham. Present. I am present and President Portillo is absent. Thank you. Your attendance has been noted. Also joining us today are personnel director, David Dallager, assistant personnel director Ann Lamin Aban, Senior Deputy City Attorney David Carlin, and assistant to the personnel director, Saber O'Neill. There are seven items on this morning's closed session agenda. And they are as follows public employment, employment disqualification pursuant to California Government Code 54957D1. Brendan Burns appealing their conviction record disqualification for the position of safety representative two. Kalina L. Christensen appealing their conviction record disqualification for the position of therapeutic recreation leader, and Joseph A. Meza, appealing their conviction record disqualification for the position of laborer. The next items are public employments deliberation on disciplinary appeals pursuant to California Government Code Section 54957. Eric Allen appealing their suspension from the position of firefighter two. Michael Bauman appealing their demotion from position of lifeguard to Austin Kissinger appealing their termination from the position of fire engineer, and Brian Knapp appealing their termination from the position of collections investigator. One public comment. Is there anyone wishing to make a public comment on an item on the closed session agenda? We will take in-person public comment first and move to public comments via Zoom. Second, how many public countries do we have? All right, we have three minutes. Thank you, sir. My name's Jim Cunningham. I'm an attorney for Austin Kissinger. I'm also general counsel for San Diego Firefighters Association. Honored to be here this morning. Before you go in close session on this particular uh matter, I think a few things are important to note. One, of course, is an undisputed, and I don't think uh the city or the department would object uh to the notion that Mr. Kissinger is one of the most respected uh firefighters uh in his 17-year career. Uh we have witness after witness after witness, including the fire chief himself, uh, who said there is no question that he's a dedicated uh hardworking firefighter. So we come down to uh his character, uh his ability to work unquestioned. We come down to why he was terminated, and he was terminated for pleading guilty to a misdemeanor involving domestic violence. He pled to a misdemeanor with a 75 fine. No one, nowhere in the history of this department going back over 50 years has any firefighter ever been terminated for a misdemeanor. No one over 50 years has any firefighter ever been terminated for pleading guilty to domestic violence misdemeanor. Um this particular matter was not investigated.

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