OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

San Diego Civil Service Commission Meeting - March 5, 2026

Civil Service CommissionThursday, March 5, 2026
BodySan Diego, California
SessionCivil Service Commission
DateThursday, March 5, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Um go ahead and start.

0:02

Welcome to the Civil Service Commission meeting.

0:04

I am uh Commission President Nico Portillo.

0:06

We are going to do a quick roll call to confirm Commissioner attendance.

0:09

When I call your name, please say present.

0:11

Commissioner Merrill.

0:13

Commissioner Moore.

0:15

Commissioner Pham and Freeman are absent.

0:18

And thank you for attending.

0:20

Also joining us today our personnel director, David Delagar, Assistant Personnel Director and Lamena.

0:26

Senior Deputy City Attorney David Carlton and assistant to the personnel director, Sala O'Neill.

0:32

There are 11 items on this afternoon's special agenda regarding public appointment.

0:40

The appeal of employment disqualifications pursuant to California Government Code Section 54957B1.

0:47

One, Garrett and Abatia.

0:50

Abecha, appealing their conviction record disqualification for the position of labor.

0:59

Conviction record disqualification for the position of liabilities, claiming representative would Richard Bueno, appealing their conviction record disqualification for the position of laborer.

1:11

D.

1:11

Edward El Cunninghill, appealing their conviction record disqualification for the position of recreation eight.

1:18

Kevin D.

1:19

Mitchell appealing their conviction record disqualification for the position of rail meetings worker one.

1:29

Trey O Sinnegal Cilling their conviction record disqualification for the position of labor.

1:44

And we have public employment appeal of disciplinary appeals pursuant to the California government code section 54957B1.

1:55

Appealing their suspension for the position of police officer two.

1:59

10 Stephen Glover appealing their termination for the position of sanitation director two and where Whitlock appealing their termination for the position of Associate Department of Resources Analyst.

2:11

And is there anyone who wishes to make a public comment on an item on the closed session agenda?

2:22

Does it look like it?

2:23

Anything on Zoom or no public comment on Zoom.

2:27

Okay.

2:28

We will now adjourn the public session and go into closed session.

2:31

The regular business meeting will be in at 1 p.m.

2:35

Order Brandon.

2:37

I mean recording started ready to begin.

2:39

Welcome to the Civil Service Commission meeting.

2:41

I am Commission President Nico Portillo.

2:43

We are going to do a quick roll call to confirm Commissioner attendance.

2:46

When I call your name, please say present.

2:48

Commissioner Merrill.

2:49

Present.

2:50

Commissioner Moore.

2:51

Present.

2:51

And Commissioner Pham and Freeman are absent today.

2:55

Thank you.

2:57

Also joining us today.

2:58

Our personnel director David Dallagar, Assistant Personnel Director, and Lamina An.

3:03

Senior Deputy City Attorney David Carnan and assistant to the personnel director, Saba O'Neill.

3:09

Item two is the report from closed session.

3:12

And uh Saba, a few please.

3:14

Public employment, employment disqualification appeals pursuant to California Government Code Section 54957B1.

3:22

Garrett and Abeta appealing their conviction record disqualification for the position of labor.

3:28

Motion to grant the appeal passed two to one with Commissioner Moore voting no.

3:33

Commissioner Freeman and Commissioner Pham for absent.

3:37

Number two, Decree L.

3:39

Atkins Jr.

3:40

appealing their conviction record disqualification for the position of liability claims representative one.

3:45

Motion to deny the appeal passed three to zero.

3:50

Number three, Richard L.

3:51

Dueno, appealing their convict conviction record disqualification for the position of labor.

3:57

Motion to grant the appeal passed three to zero.

3:59

Commissioner Freeman and Commissioner Fam are absent.

4:03

Number four, D.

4:04

Edward L.

4:04

Cunningham, appealing their conviction record disqualification, position of recreation eight.

4:10

Motion to deny the appeal based on California Public Resource Code 5164, passed three to zero with Commissioner Fam.

4:18

Commissioner Freeman absent.

4:21

Number five, keep on D.

4:23

Mitchell, appealing their conviction record disqualification for the position of grounds, maintenance worker one.

4:29

Motion to grant the appeal passed three to zero.

4:32

Commissioner Freeman, Commissioner Fam are absent.

4:34

Number six, Jose C.

4:36

Rodriguez Jr.

4:37

appealing their conviction record disqualification for the position of labor.

4:41

Motion to grant the appeal, passed three to zero.

4:44

Commissioner Freeman, Commissioner Pam were absent.

4:47

Number seven, Trey O.

4:49

Sinegal, appealing their conviction record, disqualification to position of labor.

4:53

Motion to grant the appeal, pass three to zero.

4:56

Commissioner Freeman and Commissioner Fam were absent.

5:00

Number eight, Trevor H.

5:01

Bennett, appealing their medical disqualification to the position of Life Guard 1.

5:05

Motion to deny the appeal passed three to zero.

5:08

Commissioner Freeman and Commissioner Fam are absent.

5:11

Public employment and disciplinary appeals pursuant to California Government Code Section 54957B1.

5:18

Number nine, case 2024-2, appealing their suspension from the position of police officer two.

5:25

Motion to uphold the suspension, pass three to zero.

5:28

Commissioner FAM and Commissioner Freeman were absent.

5:37

Motion to trail this item past three to zero.

5:40

Commissioner Freeman and Commissioner FAM were absent.

5:43

Number 11, Derek Whitlock, appealing determination from the position of associate department human resources analyst.

5:50

Motion to trail this item past three to zero with Commissioner Fam and Commissioner Freeman absent.

5:58

I'd like to raise a point of order with respect to report out of closed session.

6:03

We uh when we do uh the civil service appeals, um such as with 9 1011 uh we adopt under Charter Section 1.9 findings uh and recommendation and um just to clarify those are public records that are available to the public, correct?

6:24

Yes, thank you.

6:27

Okay, we will uh go ahead and move on to non-agenda public comment.

6:33

Is there anyone who wishes to make a public comment on the item not on the agenda that is within the purview of the civil service commission?

6:40

Uh anybody anybody on uh zoom no public comments on Zoom.

6:49

All right, we'll move on to the uh consent agenda.

6:53

Would anyone like to make a motion to approve the consent agenda items three through seven, which includes minutes from February 5th, 2026 February 5th, 2026 Commission meeting?

7:04

Who's approved?

7:06

All right, we have a motion and a second.

7:08

We'll go ahead and vote.

7:09

Commissioner Merrill.

7:10

Yes, Commissioner Moore, yes, and I'm a yes.

7:13

The motion passes with uh three with two abs uh I guess we move on to our discussion items with number eight.

7:26

I guess number eight wasn't withdrew, right?

7:30

Yes, yes.

7:34

So um I think Miss Rosemore for item nine good afternoon, commissioners.

7:51

Carissa Rosemore for staff item nine is a request to revise personnel manual index code G7 and G7A employee performance review program.

8:00

The proposed revisions are being requested by the fire rescue department and local 145 to transition the employee performance review program for employees represented by local 145 to index code from index code G7 to index code G7A.

8:16

This change would bring employees represented by local 145 into alignment with all of other classified employees that operate under index code G7A.

8:26

As a result of this transition, index code G7 will be deleted from the personnel manual since local 145 is the only recognized employee organization utilizing this index code.

8:38

In addition, the proposed revisions clarify that index code G7A also applies to classified unrepresented employees and reflect the change in name for the recognized employee organization representing lifeguards from Teamsters Local 911 to Teamsters Local 986.

8:56

Staff is requesting approval of the revisions as proposed.

9:00

Uh I'm available to answer any questions as well as the end.

9:08

Any questions from public comment?

9:12

I'm sorry, is there a public comment?

9:17

Questions from the commissioners.

9:20

So just to clarify, this is just bringing RifGuard's department over into alignment with the other fire.

9:28

Firefighters.

9:33

So they're going to be in alignment of the other organizations and departments.

9:37

Correct.

9:38

Okay.

9:41

So two.

9:42

Uh let me see.

9:43

So I motion to approve the revisions to personnel manual index code G7 and index code G78.

9:53

Yeah, I'll set.

9:54

Okay, we have a motion and a second.

9:57

We'll go ahead and vote.

9:58

Uh Commissioner Merrill.

10:00

Yes.

10:02

Yes.

10:03

Yes.

10:05

The local pass through three with two after.

10:11

And number 10, please.

10:13

Good afternoon, Commissioners.

10:14

David Dallagar for staff.

10:16

I am 10 is a request for made update for commission on various personnel department related items.

10:21

Today I'll be providing an update on the launch of online transfer applications in Yoga and personnel's new role in the city's contracting out exemption risk process.

10:32

So as of mid-February, personnel has soft launched online transfer applications in NeoGo.

10:39

This required significant development work because the long standing process for placement on a transfer list has historically relied on paper forms.

10:49

Implementation including building more than 800 transfer exam plans with associated screening questions and yield, training analysts on the procedures, and updating internal pathways and links to access transfer applications.

11:04

Because this is a soft launch, a citywide communication has not yet been issued.

11:09

This phase approach allows us to identify and resolve issues during the initial rollout and refine the procedures.

11:17

A key benefit of the online process is the employees who apply to transfer through NeilGov will be able to self-schedule interviews when departments use that functionality.

11:29

Currently, employees who apply via paper application cannot self-schedule.

11:35

Additional benefits include reducing duplicative administrative work and increasing transparency as employees will now be able to track electronically which transfer lists they have applied to and whether they were placed on those lists, thereby also reducing uh status related inquiries.

11:54

At this stage, it's unclear whether the shift to an online process will increase the number of city employees applying to placed on the transfer list.

12:03

But also personnel is also monitoring a related consideration.

12:08

Non-city applicants will now be able to access and submit online applications even though they're not eligible to transfer.

12:16

So the impact of this dynamic will be evaluated as data becomes available.

12:22

At the end of the day, employees will still be able to submit paper applications if that's their preferred form.

12:30

In addition to modernizing the transfer process, personnel is also taken on new responsibilities associated with the changes to the city's contracting out framework under recent state legislation AB339.

12:46

Historically, the city has maintained a contracting out exemption list consisting of duties and services.

13:00

Items on this list may be contracted out without conducting an individualized meeting confer each time the service is requested.

13:09

Example of this is heavy equipment rental.

13:12

It's exempt because it cannot be performed by city staff.

13:16

So it allows departments to go out and procure the heavy equipment they need without having to enter into refer.

13:22

Under the updated process, personnel has two new primary responsibilities related to the exemption list.

13:29

First, personnel is conducting a comprehensive line-by-line review of all exemption list entries to determine whether any duties could reasonably be performed by a classified city physician.

13:42

Items with that may overlap the classified service are flagged for city administration.

13:49

Some determinations are straightforward, while others require analysis comparable to a classification study, including departmental outreach and follow-up.

13:58

The exemption list contains more than 600 line items.

14:02

To date, we've done approximately 500 have been reviewed.

14:07

Personnel is providing biweekly updates to city administration and estimated to completing the full review by May.

14:14

Although this initial review is the most resource-intense phase, personnel will also reassess the list whenever a new classification is added to the classified service and annually when departments propose updates.

14:28

Second, uh personnel has established a dedicated group email inbox through which departments may request determinations on whether proposed contracted duties fall within the exempt list.

14:42

As with the list duties, some determinations are straightforward, while others require more detailed analysis.

14:49

Unlike the one time a year comprehensive review, this advisory function will be ongoing.

15:00

As this represents a new area of responsibility, we'll be monitoring the volume and complexity of exemption related work and evaluating impacts on staff, workload, and turnaround times for other core functions.

15:11

I will continue to provide you updates on these two items.

15:15

With that, that closes out my report.

15:16

Happy to hear any questions or comments.

15:24

No public comment on Zoom.

15:41

Correct.

15:41

So the list exists and has existed for some time, probably back in your time when you were there as well.

15:47

But now we are taking a look at the functions and duties that are contained within the list to see if they are or could be done by classified employees.

15:58

And then if they are, we will notify city administration, and they'll work through that process on there.

16:04

Okay.

16:04

Thank you.

16:07

Any more questions?

16:08

Yeah.

16:10

A couple months ago I asked for an EEO update.

16:13

Uh last month I got one.

16:15

So this my question is at that time.

16:18

I made a request for information that I'm going to thumbing.

16:23

Ask for some information to be provided.

16:25

As far as the memo that went out the requirements, they had other representation.

16:31

Oh deputy director Kina has Commissioner.

16:35

You had asked last time for the number of departments we had contacted, correct?

16:40

Yeah.

16:40

And did you want copies of the letters?

16:43

Yeah, you covered it in the minimals.

16:45

So we uh we sent it to 25 departments.

16:47

Uh I reached out to the division of race and equity yesterday again to see if they had any contact with any of the departments, and uh no departments have contacted us yet.

16:56

We are working on the next 2025 EEO report currently, and we will have that in the next month or so.

17:04

Uh two months actually.

17:05

Okay, so you can provide me a copy of the memos that went out in this department statement.

17:09

Yes, and I can get that for you before you leave today.

17:11

Okay, great.

17:13

Appreciate that.

17:15

Um I assume still end of the list.

17:20

Oh, the the performance review.

17:23

Correct.

17:24

Yes.

17:24

Uh, we're I've spoken to the uh sort of departments uh on uh spoken to the CO's office about this, they refer us down to um the officers directly below that, officers uh figures directly below that down uh to get us done.

17:45

It's um it's something nobody's ever done before, so right to very confused.

17:51

Well, really.

17:53

So it's time, yeah.

17:55

I mean, after all these years, yeah, that's a yes.

18:01

Yeah, I agree with everything you just said and everything you meant by what you just said.

18:05

Yeah, yeah.

18:06

Um so yeah, so it's yeah, it's confusing people as well.

18:11

Oh, yeah, it was kind of weird after yeah, yeah.

18:16

Okay, please.

18:17

Thank you for that update.

18:19

No more questions from me.

18:21

All right.

18:22

Well, I guess we're adjourned.

18:24

Thank you, everybody.

Discussion Breakdown — Share of Meeting
Personnel Matters█████████████████████████████████████████████75%
Racial Equity█████9%
Procedural█████8%
Technology and Innovation█████8%
Summary of Proceedings

San Diego Civil Service Commission Meeting - March 5, 2026

The Civil Service Commission met on March 5, 2026, at 11:15 AM under President Nico Portillo. Commissioners Merrill and Moore were present; Commissioners Pham and Freeman were absent. The meeting included a closed session for appeals of employment disqualifications and disciplinary actions, followed by a public session with approval of the consent agenda, a discussion item on personnel manual revisions, and an informational update from the Personnel Director. No public comments were received.

Consent Calendar

  • Items 3 through 7 were approved unanimously, including the minutes from the February 5, 2026, commission meeting. The motion passed 3-0 (Commissioners Pham and Freeman absent).

Public Comments & Testimony

  • No public comments were made on Zoom or in person for any agenda item or non-agenda item.

Report from Closed Session (Appeals Outcomes)

  • The commission reported out the following votes on appeals heard in closed session (all appeals under California Government Code § 54957(b)(1) unless noted):
    • Item 1 – Garrett and Abeta (conviction record disqualification, laborer): Motion to grant appeal passed 2-1 (Commissioner Moore voting no).
    • Item 2 – Decree L. Atkins Jr. (conviction record disqualification, liability claims representative 1): Motion to deny appeal passed 3-0.
    • Item 3 – Richard L. Dueno (conviction record disqualification, laborer): Motion to grant appeal passed 3-0.
    • Item 4 – D. Edward L. Cunningham (conviction record disqualification, recreation aide 8): Motion to deny appeal based on California Public Resources Code § 5164 passed 3-0.
    • Item 5 – Kevin D. Mitchell (conviction record disqualification, grounds maintenance worker 1): Motion to grant appeal passed 3-0.
    • Item 6 – Jose C. Rodriguez Jr. (conviction record disqualification, laborer): Motion to grant appeal passed 3-0.
    • Item 7 – Trey O. Sinegal (conviction record disqualification, laborer): Motion to grant appeal passed 3-0.
    • Item 8 – Trevor H. Bennett (medical disqualification, lifeguard 1): Motion to deny appeal passed 3-0.
    • Item 9 – Case 2024-2 (suspension, police officer 2): Motion to uphold suspension passed 3-0; item was trailed (continued).
    • Item 10 – Stephen Glover (termination, sanitation director 2): Motion to trail (continue) the item passed 3-0.
    • Item 11 – Derek Whitlock (termination, associate department human resources analyst): Motion to trail (continue) the item passed 3-0.
  • A point of order was raised regarding the public availability of findings and recommendations for items 9-11 under Charter Section 1.9; it was confirmed these are public records.

Discussion Items

  • Item 9 – Revisions to Personnel Manual Index Codes G7 and G7A: Staff (Carissa Rosemore) presented proposed revisions requested by the Fire-Rescue Department and Local 145 to transition the employee performance review program for Local 145-represented employees from index code G7 to G7A, aligning them with other classified employees. Index code G7 would be deleted. The revisions also clarify that G7A applies to classified unrepresented employees and update the lifeguard union name from Teamsters Local 911 to Local 986. The commission approved the revisions unanimously (3-0).
  • Item 10 – Update on Personnel Department Initiatives: Personnel Director David Delagar provided updates on:
    • Online Transfer Applications in NeoGov: A soft launch in mid-February 2026 enables city employees to apply for transfers electronically and self-schedule interviews. Paper applications remain available. The system has over 800 transfer exam plans. Monitoring is ongoing for non-city applicants submitting applications in error.
    • Contracting Out Exemption List Review (AB339): Personnel is conducting a line-by-line review of more than 600 exemption list items to identify duties that could be performed by classified employees. Approximately 500 items have been reviewed as of the meeting; completion expected by May 2026. A new dedicated email inbox allows departments to request determinations. This advisory function will be ongoing.
  • Commissioner Merrill requested copies of memos sent to 25 departments regarding the annual EEO report update; staff confirmed no departments had yet responded and agreed to provide the documents.

Key Outcomes

  • Appeals: Seven appeals were granted (Items 1, 3, 5, 6, 7, and two trailed items continued). Three appeals were denied (Items 2, 4, 8). One suspension was upheld (Item 9). Two termination appeals were trailed (Items 10, 11).
  • Consent Agenda: Approved unanimously (Items 3-7).
  • Personnel Manual Revisions: Approved unanimously (Item 9).
  • Information Items: No action taken on Item 10; updates noted.
  • Next Steps: The regular business meeting was scheduled for 1:00 PM the same day; the commission adjourned the special meeting.

Meeting Transcript

Um go ahead and start. Welcome to the Civil Service Commission meeting. I am uh Commission President Nico Portillo. We are going to do a quick roll call to confirm Commissioner attendance. When I call your name, please say present. Commissioner Merrill. Commissioner Moore. Commissioner Pham and Freeman are absent. And thank you for attending. Also joining us today our personnel director, David Delagar, Assistant Personnel Director and Lamena. Senior Deputy City Attorney David Carlton and assistant to the personnel director, Sala O'Neill. There are 11 items on this afternoon's special agenda regarding public appointment. The appeal of employment disqualifications pursuant to California Government Code Section 54957B1. One, Garrett and Abatia. Abecha, appealing their conviction record disqualification for the position of labor. Conviction record disqualification for the position of liabilities, claiming representative would Richard Bueno, appealing their conviction record disqualification for the position of laborer. D. Edward El Cunninghill, appealing their conviction record disqualification for the position of recreation eight. Kevin D. Mitchell appealing their conviction record disqualification for the position of rail meetings worker one. Trey O Sinnegal Cilling their conviction record disqualification for the position of labor. And we have public employment appeal of disciplinary appeals pursuant to the California government code section 54957B1. Appealing their suspension for the position of police officer two. 10 Stephen Glover appealing their termination for the position of sanitation director two and where Whitlock appealing their termination for the position of Associate Department of Resources Analyst. And is there anyone who wishes to make a public comment on an item on the closed session agenda? Does it look like it? Anything on Zoom or no public comment on Zoom. Okay. We will now adjourn the public session and go into closed session. The regular business meeting will be in at 1 p.m. Order Brandon. I mean recording started ready to begin. Welcome to the Civil Service Commission meeting. I am Commission President Nico Portillo. We are going to do a quick roll call to confirm Commissioner attendance. When I call your name, please say present. Commissioner Merrill. Present. Commissioner Moore. Present. And Commissioner Pham and Freeman are absent today. Thank you. Also joining us today. Our personnel director David Dallagar, Assistant Personnel Director, and Lamina An. Senior Deputy City Attorney David Carnan and assistant to the personnel director, Saba O'Neill. Item two is the report from closed session. And uh Saba, a few please. Public employment, employment disqualification appeals pursuant to California Government Code Section 54957B1. Garrett and Abeta appealing their conviction record disqualification for the position of labor. Motion to grant the appeal passed two to one with Commissioner Moore voting no.

SUMMARIZED BY OPENPUBLICA AI
TRANSCRIPT VIA PUBLIC VIDEO
openpublica.com