Elections Commission
2009 2008 2007 2006 2005 2004 2003 2002
Department of Elections
Elections Commission
Approved: 8/7/02
City and County of San Francisco
Elections Commission
Minutes of the Special Meeting held
Saturday, June 29, 2002
1. Acting President Schulz called the meeting to order.
2. COMMISSION MEMBERS PRESENT: Robert Kenealey, Thomas Schulz, Alix
Rosenthal,and Brenda Stowers. ABSENT: Michael Mendelson and Richard Shadoian.
3. Flag salute
11. This Item was taken out of order. Discussion and possible action to request a
supplemental appropriation from the Board of Supervisors to cover cost of hiring outside counsel. Acting President Schulz stated that he received authorization from the City Attorney to hire outside counsel for Tammy Haygood’s appeal of the Commission’s decisiiion to terminate her employment as Director of Elections. It was MOVED and seconded to request a supplemental appropriation from the Board of Supervisors to cover the cost of hiring outside counsel. Discussion: Julie Moll stated that any agreement to retain counsel must provide that the retention is contingent upon the Board approving money and that there will not be a contract until a provision is approved by the Board of Supervisors. Ms. Moll clarified the procedure. She said the Commission can direct the Acting Director to make the request from the Board. The Commission agreed to make the request when it had a monetary figure for the request.
Public Comment. Peter Fries said that it’s the Director’s job to ask for a supplemental and that the public would need to know how much was being requested. Frederick Hobson said that the Commission has integrity and is trying to do the right thing but he wished it would change its mind and reinstate former Director Haygood.
Roll Call Vote on this item: Stowers–Yes; Kenealey–Yes; Rosenthal– Yes; Schulz–Yes.
6. This Item was taken out of order. Discussion and possible action to hire counsel in
the matter of Tammy Haygood’s appeal to the Civil Service Commission regarding her termination of employment. Commissioner Stowers MOVED that counsel be hired in the matter of Tammy Haygood’s appeal to the CSC regarding her termination of employment.
Public Comment. Peter Fries said that hiring should be by competitive bidding. Acting President Schulz and Commissioner Kenealey replied, that in this instance, the hiring was exempt. Shelly Bradford Bell said that outside attorneys seem to have already attended meetings and that such action could be a violation of the Sunshine Ordinance.
Roll Call Vote on this item: Stowers–Yes; Kenealey–Yes; Rosenthal–Yes; Schulz–Yes.
It was MOVED to hire the law firm of Howard Rice to represent the Commission in the matter of Tammy Haygood’s appeal to the Civil Service Commission. APPROVED unanimously.
Steve Mayer, from the firm of Howard Rice, introduced himself and his colleague, Joe Quinn.
Public Comment. Frederick Hobson asked that the Commission and its counsel speak “meaningfully” with Ms. Haygood; Peter Fries asked what are the credentials/speciality of the Howard Rice firm; Toye Moses, of the African American Democratic Club, asked what role would the City Attorney play at the Civil Service Commission hearing. Acting President Schulz said that the City Attorney will act as the attorney for the DOE and Commission in all matters other than the Haygood appeal. Helena Brook asked about the budget for hiring an attorney.
VOTE to hire the law firm of Howard Rice to represent the Commission in the Matter of Tammy Haygood’s appeal before the Civil Service Commission, and all matters arising from that appeal. Roll Call Vote on this motion: Stowers – Yes; Kenealey – Yes; Rosenthal – Yes; Schulz – Yes.
4. Public comment. Peter Fries said that meeting minutes have not been posted and complained about the date and time of this meeting. Shelly Bell complained that
Commissioners had gone directly into DOE records instead of asking someone for the records. Unidentified Speaker asked that a sliding scale be used for paid ballot arguments. Helena Brook said that she hoped that the Commission’s hiring of legal counsel will not slow down the process.
5. MOVED unanimously to go into closed session.
6. CLOSED SESSION:
7. The Commission decided to disclose the following information from the closed session: The Commission authorized Howard Rice to take all appropriate actions necessary in proceedings before the CSC in the matter of Tammy Haygood’s appeal and initiate and defend any litigation arising from that appeal.
Public comment. Peter Fries spoke about an amendment to the State Constitution regarding public information.
The VOTE to authorize Howard Rice to take these actions was unanimous.
ADJOURNMENT