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Meeting Information



Elections Commission

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Department of Elections
Elections Commission

CITY AND COUNTY OF SAN FRANCISCO

ELECTIONS COMMISSION

Minutes of the

San Francisco Elections Commission

City Hall, One Dr. Carlton B. Goodlett Place, Room 408

6:30 p.m., February 7, 2002

1. Call to Order and Roll Call

Commissioner President Tom Schulz called the meeting to order at 6:40 p.m.

COMMISSION MEMBERS PRESENT: Thomas Schulz, President; Richard Shadoian, Vice-President; Robert Kenealey, Commissioner; Michael Mendelson, Commissioner; Alix Rosenthal, Commissioner; David Serrano-Sewell, Commissioner; Brenda Stowers, Commissioner

STAFF PRESENT: Tammy Haygood, Director of Elections; Jeremy Eckstein, Assistant to the Director

CITY ATTORNEY’S STAFF PRESENT: Julie Moll, Deputy City Attorney

MATERIALS DISTRIBUTED:

· Notice of Special Meeting and Agenda

· Room Availability Schedule per Department of Media Services

· Letter from Commissioner Richard Shadoian dated January 7, 2000 re: complaints received

· MacKenzie Communications Inc. contract

· Department of Elections Budget for the November and December 2001 and March 2002

· Supplemental Budget Appropriation for the Department of Elections

· Department of Elections Expenditure Analysis for Supplemental Appropriation

· Personnel Costs for Preparing (Set Up) the Recanvassing of the November and December 2000 Ballots

2. Public comment on matters appearing or not appearing on the agenda that is within the jurisdiction of the Elections Commission.

Note: the Commission will hear public comment on each item on the agenda before or during consideration of that item. At this time members of the public may address the Commission on items that are within the subject matter jurisdiction of the Elections Commission and that do not appear on the agenda.

PUBLIC COMMENTS:

Marc Salomon spoke of the irregularities in ballot distribution and the xeroxing of the ballots for early voting. He stressed how critically important it is for the Commission to take the Secretary of State’s advice to recanvass the November 2000 Election.

David Rogers voiced his concerns about touch screen voting, as it requires no physical paper trail. He stated that Proposition E implementation is 12% of the budget and plays a very important function in the city government. He also did not want to see city employees utilized as poll workers. He also recommended that the technical support should also be kept in-house. He stated that the Eagle Machines locks be upgraded.

3. Presentation from representatives of the Elections Commission Budget and Policy Committee on the Department of Elections Budget. (Discussion and possible action)

Motion 020702-1:

Commissioner Alix Rosenthal from the Budget and Policy Committee presented to the Commission the Department of Elections Supplemental Budget and recommended approval. (Rosenthal/Kenealey) Moved, Seconded, and Unanimously Passed.

Discussion of the budget followed the motion.

· Budget and Policy Committee recommended to the full Commission that the Department of Elections Budget be discussed further.

· The role of Consultants in the Department of Elections Budget be examined closely.

Motion by Commissioner Tom Schulz to add $125,000.00 for the Sheriff’s Department budget item.

Commissioner Tom Schulz stated that there should be no recanvassing of the November 2000 Election and that the results were certified.

Commissioner Michael Mendelson affirmed Commissioner Schulz’s decision and stated that recanvassing of the November 2000 Election is inappropriate at this point. He recommended eliminating the funding for recanvassing from the budget.

Commissioner Brenda Stowers asked what lessons were learned on the November 2000 Election?

Commissioner Michael Mendelson stated that lessons on space and security were learned and that it is not prudent to recanvass the November 2000 Election.

Motion 020702-2:

To strike the recanvassing budget item from the budget.

(Mendelson/Rosenthal) Moved, Seconded, and passed.

· Commissioner Tom Schulz (aye)

· Commissioner Richard Shadoian (aye)

· Commissioner Robert Kenealey (aye)

· Commissioner Michael Mendelson (aye)

· Commissioner Alix Rosenthal (aye)

· Commissioner David Serrano-Sewell (aye)

· Commissioner Brenda Stowers (nay)

Public Comments:

David Rogers stated that the recanvassing procedure carried a lot of weight, since it was a direct order from the Secretary of State. The recanvass would be very instructive and the Commission’s obligation to the voters.

Marc Salomon stated that the statute of limitation for the November 2000 Election has expired. He recommended recanvassing of the November and December 2001 Election.

Motion Amendment 020702-3:

Motion to add $125,000.00 for the Sheriff’s Department budget item.

(Rosenthal/Mendelson) Moved, Seconded, and Unanimously Passed.

Amended Motion Passed Unanimously.

Commissioner Alix Rosenthal not present.

4. Discussion and possible action on the Directors’ request that the Elections Commission seek from the Board of Supervisors a waiver under City Charter Section 13.104.5. regarding:

· Technical Computer Support by Administrative Services Staff for Election Day.

· City employees working on Election Day as Elections Officers (poll workers). (Discussion and possible action)

Note: Section 13.104.5 prohibits City personnel (other than the Director of Elections, an appointee of the Director of Elections or a member of the Elections Commission, or the Sheriff) from "in any capacity perform[ing] any function relating to the conduct of an election." The Board of Supervisors may waive this prohibition for Election Day activity only.

Director Haygood stated that she would like to have the option to use city employees if the Department of Elections ran short on inspectors but stressed that the department could work out without utilizing city employees as inspectors or poll workers. She stressed that help was needed for IS support but that the Department of Elections could function if Administrative Services Staff was not available.

Motion 020702-4:

To ask that the Board of Supervisors pass a waiver allowing the Department of Elections to use the Administration Services staff on Election Day for technical support.

(Rosenthal/Mendelson) Moved, Seconded, and Unanimously Passed.

Julie Moll, Deputy City Attorney, described the procedures for seeking a waiver from the Board of Supervisors.

Motion Amendment 020702-5:

That the Director seek for a suspension of the 30-day Rule from the President of the Board of Supervisors.

Motion Amendment Passed Unanimously.

Motion 020702-6:30 pm-6:

Motion to allow the use of city workers to work on Election Day as poll workers.

(Mendelson/Rosenthal) Moved, Seconded, and Unanimously Passed.

Public Comments:

Fred Ridel urged not to seek a waiver for city employees. He voiced his concerns about conflicts of interests and stated that a waiver is a bad idea. He urged not to seek waivers.

David Rogers urged not to seek waivers too. He directed the director to develop a cadre of inspectors.

Commissioner Schulz, Commissioner Kenealey, Director, Tammy Haygood, Commissioner Brenda Stowers) had a discussion whether or not Director Haygood can go ahead and operate without obtaining a waiver.

Motion to operate without a waiver did not pass. All answered with no’s with the exception of David Serrano-Sewell.

A five-minute recess was observed.

Item #3 was discussed further after the five-minute recess.

· The Budget and Policy Committee recommended the hiring of Communications Consultants as Deputy Director. The Budget and Policy Committee discussed to hire someone on a temporary basis to get through the March Election with the emphasis on hiring a Deputy Director in the future.

· The Budget and Policy Committee also recommend that minimizing the budget expenditure be used as a performance standard for a Director.

Director Haygood stated that she is putting a budget together for the next fiscal year. She will give a presentation of the budget to the Commission before giving it to the Mayor.

5. Report by the Director of the Department of Elections. (Discussion only)

Director Haygood presented the budget and stated that she is looking for guidance from the Budget and Policy Committee. She also made a statement on the early voting problems. She stated that she would do a better job of informing the public. She will ensure that communication is stronger all around.

Commissioner Stowers asked whether or not the integrity of the process had been jeopardized. Director Haygood stated that it had not.

Commissioner Shadoian asked whether or not the remade ballots would be jeopardized. Again, Director Haygood replied that that too would not be jeopardized. Commissioner Shadoian questioned why it was necessary for Field Election Deputies to undergo a three day training program.

6. Discussion of the Elections Plan for the March 5th, 2002 Gubernatorial Primary Election. (Discussion only and possible action)

Director Haygood presented to the Elections Commission the department’s plan for the March 5, 2002 Gubernatorial Primary Election. She discussed the following:

· absentee ballot mailing procedure

· Legislation put forth by Supervisor Matt Gonzalez.

· February 1, 2002 Election Calendar has been replaced by the February 5, 2002; the Election calendar is a working document

· contingency plan from the November 2001 Consolidated Municipal Election would be utilized for the March 5, 2002 Gubernatorial Primary Election

· Phonebank Training Manual

Commissioner Shadoian commented that the FEDS utilized by the Department should be San Francisco citizens. He also stated that the policies should be included in the future. He also stated that a four-day training of FEDS necessary.

Commissioner Mendelson requested that questions to the Director should be addressed through the President, materials should be easily obtained from the website and that materials distributed for the meeting be hole-punched so that the Commissioners can effortlessly put them in their respective binders.

Motion 020702-7:

That between now and the next meeting, that questions should be raised through the Commission President in writing and re-addressed to the Director. The Director should have to respond to the question at the next scheduled meeting.

(Schulz/Mendelson) Moved, Seconded and Unanimously Approved.

Public Comments:

Fred Ridel suggested that the public receive a copy of the questions posed to the Director. He suggested following up on and tracking the legislation going through the Board of Supervisors. He also stated that the Director should have a "heads up" on what is happening through her staff". He outlined the procedures for getting the department’s budget approved. He also added that his information is gathered through media clippings from the Department of Elections media advisories.

David Rogers asked what about unvoted ballots?

7. Presentation from representative of the Secretary of State. (Discussion only)

Not present at this meeting.

8. General Public Comment.

Fred Ridel suggested to the Commissioners to work with activists to address questions about public observation access during Election Day.

9. PROPOSED NEW BUSINESS Items/issues for agendas of future meetings. (Discussion and possible action)

· Presentation from representative of the Secretary of State (Discussion Only)

Announcements:

· Commissioner Mendelson suggested for the Department of Elections to post the Elections Commission Secretary vacancy on the web. The completed job application and resumes for the Elections Commission Secretary vacancy can be submitted in any format.

· Meeting to be held on February 22, 2002 at 12:30 p.m. will be a closed session.

· Meeting to be held on February 20, 2002 in Room 400 at 7:00 p.m.

The Commissioners discussed the letter distributed from Commissioner Shadoian on allegations received for the District Attorney to investigate.

· Prompted discussion on how to investigate issues in the future. It should be discussed in setting Bylaws for the Commission.

10. ADJOURNMENT

The meeting was adjourned at 9:30 p.m.