Elections Commission

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City and County of San Francisco

Elections Commission

(Approved: 9/18/02)

Minutes of the Meeting held

August 7, 2002

 

 

1.      President Mendelson called the meeting to order at 6:15 pm.

 

2.         COMMISSION MEMBERS PRESENT: Michael Mendelson, Alix Rosenthal, Thomas Schulz, and Richard Shadoian.  ABSENT:  Robert Kenealey, Brenda Stowers.

 

            ALSO PRESENT:  Acting Director John Arntz and Deputy City Attorney Julia Moll.

 

3. Flag salute

 

4. Public comment.  None

 

5. Approval of Minutes for June 5 and 29, July 16, 17, 19 and 29, and Budget Committee Minutes for June 4.  President Mendelson asked that future Agendas, wherein Minutes are to be approved, include information whether the Minutes are for Special or Regular meetings.  The Commission APPROVED all minutes with the EXCEPTION of the Budget Committee Minutes for June 4 because there was no quorum of Budget Committee members present to approve these minutes.

 

6. Officers Reports.  President Mendelson reported briefly on the litigation involving the former Director of Elections.  He advised that the case is moving through the legal process and that there is a Temporary Restraining Order in place that prevents the former Director from functioning in the capacity of Director and from entering the non-public areas of the Department of Elections. The final determination of this case is expected on August 30, 2002 when the judge will make his ruling.

 

President Mendelson announced that Mr. David Howell, an expert in strategic planning with election departments throughout the State, has been working with Acting Director Arntz in analyzing and evaluating DOE components and will soon be presenting his findings and recommendations for the future development of the department.

 

7.  Director’s Report.  Acting Director John Arntz reported that today is the last day for submission of measures for the ballot from the Board of Supervisors or the Mayor’s Office.  There are currently a total of 13 local measures and 7 State measures for the November election, prompting the need for four (4) ballot cards for the upcoming election.  Friday is the last day for nominations.  The Ballot Simplification Committee has been meeting and their deadline appears to be attainable, he stated.  The Sequoia printing contract has been secured and the order for paper submitted. 

 

Vice President Rosenthal asked how the solicitation of poll workers was progressing.  Mr. Arntz said that the requests were sent out a week ago and the staff person familiar with this activity told him that she expects 1/4 to 1/3 of all the workers to come from this mailing.  The DOE will need to find the remaining poll workers through recruitment.

 

President Mendelson asked about the costs for the voter information pamphlet.  Mr. Arntz said that with 13 local measures, the expectation is that there will be a high number of paid arguments.  He warned that the postage for mailings may be double the budgeted amount. The Acting Director plans to meet with the post office representative to discuss costs.  President Mendelson asked what will be the cost of producing the voter information pamphlet.  Mr. Arntz stated that for this election the cost will be at least $250,000.  The President then asked what are the anticipated funds from the public.  Mr. Arntz said that he expected, at the most, $125,000.  The President asked the Acting Director to survey what other counties do regarding their VIP and provide the Commission with a report of his findings.  The Acting Director agreed that he would report back with the results of his survey. 

 

Deputy City Attorney Julia Moll stated that San Francisco is the only city or county that provides for paid ballot arguments.  President Mendelson asked her how our VIP compares in size to other counties.  Ms. Moll replied that ours can be very voluminous in comparison to others because we have paid ballot arguments.  President Mendelson acknowledged that the VIP is very “dear” to the San Francisco voting population but expressed his concern that it is a big part of the budget that could be better used in other areas.  Commissioner Schulz agreed that the VIP has become troublesome, especially to postal carriers and asked the Deputy City Attorney to give a history of allowing paid ballot arguments.  Ms. Moll explained that a legislative judgment was made that it was in the public interest to create a forum for political debate or local ballot measures.  Anyone who wanted to submit an argument could do so.  Essentially, she said, it is a government subsidized forum for political debate on local issues.

 

8.  Old Business:  Public Comment – Fred Ridell, coordinator with S.F. Common Cause, said that City Hall should remain the center of election activity and that the public should have access.

 

8a.  MOTION to request a supplemental appropriation from the Board of Supervisors for lease of real estate for the DOE and any additional real estate costs presented by the Director that are not covered in the Annual Appropriation.   Discussion:  Commissioner Schulz stated that it was important to get as much of the DOE operation under one roof as possible and not restrict observation of the process by doing so.  Commissioner Rosenthal asked if there has been any discussion of what would remain at City Hall.  Acting Director Arntz said that nothing in City Hall would be moved for the coming election.  Only outside operations from other sites would be moved.  He said citizens will find it easier to view the processes in the new location. 

 

Commission Shadoian asked about the report from the State representative who was reviewing the DOE’s space needs.  Acting Director Arntz reported that the State representative was currently on vacation and that the report will probably be available by the end of August.  Commissioner Shadoian then asked why the DOE was moving ahead with plans to relocate without the report.  Acting Director Arntz answered that the DOE had past difficulties with activities at six different sites, and the need to have them under one roof was necessary for efficient operation of the department.  President Mendelson asked if the State representative had given the Acting Director any indication of his recommendations regarding what the DOE should do regarding space.  Mr. Arntz said that the representative created a process flow diagram for the DOE using City Hall as the base for operations.  On that diagram, there were arrows pointing to many locations throughout the City.  The Acting Director summarized that by placing these activities in one location the savings in time and money would be very advantageous and would pay for a large part of the lease of the one location.  Commissioner Shadoian asked if the Acting Director had been in contact with the Board of Supervisors about this proposal.  Mr. Arntz replied that he had spoken with Supervisor Peskin, the Controller’s Office the Real Estate Office and the Mayor’s Budget Office and that everyone is favorable to the proposal.  Mr. Arntz said that is was important to get the Commission’s approval so that he could notify the Board of Supervisors before they take their summer break.   The new site is at 16^th Street and Florida Street.

 

Motion 080702-1

To request a supplemental appropriation from the Board of Supervisors for lease of real estate for the DOE and any additional real estate costs presented by the Director that are not covered in the Annual Appropriation

(Rosenthal/Schulz)  Motion PASSED unanimously.

 

8b.  MOTION to support the Board of Supervisor’s proposed legislation regarding paid ballot argument fees and submission deadlines.  Public Comment – Fred Ridell,  spoke in favor of the practice of giving discounts for early submissions and the importance of public dialogue.  He said he opposed the Mayor’s suggestion of increasing fees by ten percent.  President Mendelson asked Deputy City Attorney whether is was within the province of the Commission to establish or abolish discounts.  Ms. Moll said that the Board of Supervisors established the fee structure in the Municipal Elections Code and that the Commission and the DOE have no discretion without further action by the Board.    Mr. Ow stated that $200 plus $2.00 per word was outside his range.

 

Commissioner Rosenthal asked Deputy City Attorney Moll to explain the proposed legislation.  Ms. Moll stated that currently there is a deadline of 67 days before election day, the new legislation would move up the date so that the DOE would have submissions four (4) days earlier, the second change is the fee:  Currently it is $200 with $2.00 per word, the new legislation would increase the fee to $220 with $2.20 per word.  Commissioner Schulz asked if the discount would be eliminated and Ms. Moll answered that “there is no discount in the law”.

Motion 080702-2

To support the Board of Supervisor’s proposed legislation regarding paid ballot argument fees and submission deadlines.

(Rosenthal/Schulz)  Motion PASSED unanimously

 

 

.

8c.  President Mendelson stated that there will not be action on this item and introduced members of DHR who gave a report on the progress to appoint a Provisional Director of Elections.

 

Marsha Stroop, from DHR, reported that the City Charter Sec. 10.105 provides for provisional appointments for classified positions for which no eligible list exists and sets a three year limitation for provisional hires.   She presented updated copies of the December 2001 procedures and explained the process for selection of a provisional appointment.  She explained further that the provisional appointment does not provide any right or preference for permanent appointment.  Ms. Stroop said recruitment for candidates is going forward.  Commissioner Shadoian asked how many applicants had responded so far.  Ms. Stroop answered that as of yesterday, there were two and that another is expected in a couple of days.  Anna Borja added that the brochures were being printed and that a mass mailing was going out tomorrow to all registrars of voting in California – approximately 300 locations. 

 

Commissioner Shadoian asked Ms. Stroop to explain the difference between “Acting” and “Provisional” Director.   She said that acting is used to fill a vacancy with someone within an organization along with a request that that person receive acting assignment  pay – a 5% differential which the person gets after serving for a brief period of time.  This must be approved by the Compensation Unit of DHR.  A Provisional appointment is an actual appointment to a vacant position with a different payment differential.  Commissioner Shadoian asked if the duties and responsibilities are different for these assignments.  Ms. Stroop replied that in general the acting assignment is when someone is ill or on personal leave and doesn’t necessarily fulfill all the duties of the permanently assigned employee.  Commissioner Shadoian asked if the acting director can have all the duties and functions of a full time director.  Ms. Stroop responded that this is true as far as she was aware and that she couldn’t speak beyond that. 

 

President Mendelson referred this item to the Personnel Policy Committee to proceed with initiating the process for selection of a Provisional Director of Elections.

 

9.  New Business: 

a.   Discussion and Possible Action on the Acting Director’s recommendation to seek a waiver from the Board of Supervisors under Charter Section 13.104.5, to permit City employees to serve as field election deputies on November 5, 2002.  TABLED.

 

              b.  Discussion and possible action to request that the Board of Supervisors  approve an application for funds under the California Voting Modernization Board Act

( Proposition 41 ).  The Department of Elections would use the funds to upgrade existing voting equipment or acquire new voting equipment so the Department could better serve voters with disabilities, or special language requirements, and implement the new system of instant run-off voting.  The Commission reviewed the resolution put forward by Supervisor Peskin. 

 

MOTION 080702-3

To request that the Board of Supervisors  approve an application for funds under the California Voting Modernization Board Act ( Proposition 41 ).  The Department of Elections would use the funds to upgrade existing voting equipment or acquire new voting equipment so the Department could better serve voters with disabilities, or special language requirements, and implement the new system of instant run-off voting.  PASSED  unanimously. 

 

 

MEETING ADJOURNED