Elections Commission
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City and County of San Francisco
Elections Commission
Approved: June 2, 2004
Minutes of the Meeting held
May 19, 2004
1. CALL TO ORDER. President Rosenthal called the meeting to order at 7:04 pm.
2. ROLL CALL. PRESENT: Commissioners Gerard Gleason, Michael Mendelson, Tony Winnicker, Arnold Townsend, and Richard Shadoian. EXCUSED: Kenealey
3. Public Comment – Eric Allen appealed to the Commission to encourage the Department to release as much information as possible on their website. He said that in his work, he needs to know who has decided to run for office in November 2004. Currently, he has to come to the Department and fill out a form to obtain this information. Hester Lox read a three minute statement concerning her efforts to be paid for her work as a poll worker in the November 2003 election.
At 7:16, President Rosenthal acknowledged the arrival of Commissioner Robert Kenealey.
4. CLOSED SESSION. Commissioner Winnicker MOVED and Commissioner Mendelson SECONDED that the Commission go into closed session at 7:17 pm.
5. Reconvene in Open Session at 7:55 pm.
Commissioner Shadoian MOVED not to disclose the deliberations of the closed session, Commissioner Winnicker SECONDED. Motion not to disclose CARRIED.
6. Director’s Report.
Ranked Choice Voting - Mr. Arntz reported that Elections Systems and Software (ES&S), the vendor providing the software and technology to implement a Ranked Choice Voting (RCV) system for the November 2004 election, needs a portion of its equipment reviewed by the federal testing authority. The testing and its results were originally to have been completed by May 10. The results were then pushed to May 18. The federal testing authority issued a letter to the Secretary of State’s Office (SoS) that stated the testing would be completed by today. Currently, the test remains incomplete. At this time, there is no certified system. The new date for completion is this Friday. The Director said that he expects the report to be favorable and that Ranked Choice Voting will take place in November. The application for certification will need to go back to the SoS for review. Once it is completely approved, the entire system, with the eagle machines (optical scan machines) will need to be tested by the Department.
Commissioner Townsend asked why the May 18th date was missed.
Director Arntz explained that he didn’t know exactly because he has not be contacted by the SoS or ES&S with an explanation.
Commissioner Gleason asked if there was a problem with the “firmware”?
Director Arntz explained that he wasn’t sure and that ordinarily, an elections department does not get involved with equipment testing. This is the first time that this has happened. He has never spoken to the testing authority. An explanation of why this has taken so long will probably be in the final report.
President Rosenthal explained to the Commission that the Voting Systems and Procedure Panel (VSP) of the SoS has given ES&S certification so long as they meet certain conditions. One of those conditions is that they receive a report from the federal testing authority regarding the firmware. Everyone is viewing the delay as a technicality and it is not an indication that the system will not pass the federal testing authority.
Commissioner Gleason asked if it looks like the Department will need to go back to the VSP panel? Director Arntz answered that this may be a possibility, but he couldn’t not answer this question because the SoS will make that decision.
Commissioner Townsend said that he wants to know if the Department will be ready once the SoS has given its ok.
Commissioner Winnicker asked the Director if he was making his plans on the assumption that the machines would be ultimately certified. The Director answered affirmatively. The Commissioner then asked if the Director was working on an alternative plan. The Director said that the alternative would be a hand count system and that that system would need to be certified because the system’s certification was denied last year.
Commissioner Kenealey asked when is the deadline for the Department to get approval so that it can go ahead with the optical scanner. Director Arntz said that if nothing is in hand by mid-June, it would be very, very difficult. Mr. Arntz said an election takes many pieces getting organized and coming together. This is especially so when you have something new because it can effect every part of the operation. This is what the Department is doing now and if there’s a change in July or August, everything must be rethought.
Outreach – Director Arntz introduced the latest three-color draft of a RCV pamphlet for voters. ES&S will be providing outreach assistance, as part of their contract with the Department. ES&S will be providing a public relations firm to help develop messages and organize a campaign with the Department to get information to the public. Within the next two weeks, a focus group will be looking at the pamphlet and information will be provided on the Department’s website.
There will be weekly meetings between the different Elections Department Divisions to seek and share information regarding RCV efforts and needs. Tomorrow there will be a brown bag lunch meeting to inform candidates of how to work within our procedures for the upcoming election, with a RCV presentation.
Last Friday there was a meeting for the community groups interested in applying for the grants for the outreach plan. There will be $10,000 for the groups, as provided by the Board of Supervisors last year. The RFP is on the website as of today. The pre-proposal conference will be next Wednesday at 3:30 pm at 101 Grove Street, third floor hearing room for all groups interested in the RFP.
There are two other RFPs. One is for ethnic media for $25,000; and one for a grants coordinator for $15,000.
ES&S will be meeting with the Director tomorrow to plan a demonstration ballot. Sample ballots will be formatted and a focus group will be meeting within two weeks to give feedback on those ballots.
Commissioner Winnicker commended the Department on its “huge steps forward” in outreach for RCV.
The Director advised the Commission that the Technology Division is working on the procedures for election night and the release of results. He said he would give the drafts of those reports to the Commission as they become available.
A timeline of proposed dates for outreach is being developed with the public relations people and should be available next week.
Commissioner Winnicker urged the Department to have a press conference on the steps of City Hall, inviting the Mayor, the Board of Supervisors and advocacy organizations to announce the start of outreach for RCV. Director Arntz said that this was already in the public relations groups’ plan.
Commissioner Gleason said that he thinks the draft brochure presented tonight by the Director is very good. The Commissioner said that he was concerned about the wording on the Q & A portion of the website, because it’s too complicated and asked the Director to simplify the language and correct some of the wording that was originally composed by the Ballot Simplification Committee for conventional elections not the new Ranked Choice Voting.
Voter Services – The division is working on five petitions and registration cards to check against the signatures on the petitions. To do this the division has had to re-hire three staff who were recently laid off. In addition, the division continues to purge the voter database.
Campaign Services – The division is holding a brown bag meeting in room 421 tomorrow for 40 or more candidates and their staff to ask questions and receive information regarding what the Department requires of their campaigns.
Poll Locating – The group is seeking to maximize the number of ADA accessible polling places. The City’s Geography sometimes makes this very difficult. Occasionally the rules for accessibility are not clear and contradict one another.
Training Division – This group is gathering information, getting the Department organized and preparing to make sure the poll workers are well taught.
Ballot Distribution – The division is reviewing its procedures and considering how RCV will change the Department’s approach, especially after the election when we will need to process them differently from in the past.
Technology Division – The division has been busy keeping up with the challenges from all the other divisions in efforts to prepare for the fall election.
Budget / Personnel – The Division is preparing to present information to the Board of Supervisors and is answering questions from the Budget Analyst.
Annual Report - President Rosenthal announced that she has not presented the Annual Report draft to the Commission tonight because she thinks it’s too long. She said she realizes it needs to be given to the Commission quickly and she will do so as soon as possible.
Statements of Incompatibility and Financial Disclosure – The Commissioner asked members to read through the information for this item in their packets and said that there may be action taken at a future meeting.
Election of Commission Officers – The President reminded the audience that this item would be taken up later in tonight’s meeting.
8. New Business
(a) Discussion and possible approval of Elections Commission Minutes for Commission Meetings held April 21, 2004 and May 5, 2004. Commissioner Gleason asked that a statement he made be included on page 9, second paragraph of the April 21, 2004 minutes. The Commissioner’s statement will be included in the approved minutes. Commissioner Shadoian MOVED to excuse Commissioner Kenealey from voting on these minutes because he was absent for the meetings. SECONDED by Commissioner Winnicker. Commissioner Shadoian corrected the date mentioned in the April 21, 2004 minutes on page seven, third paragraph to read May 19, 2004 instead of May 21, 2004. Gleason MOVED to approve the two sets of minutes with the additions and corrections, SECONDED by Commissioner Winnicker, MOTION CARRIED.
(b) Discussion and possible action to recommend that the Board of Supervisors amend the Municipal Elections Code to modify the filing deadlines and public inspection periods for materials published in the Voter Information Pamphlet. Director Arntz stated that the amendment would simplify filing and inspection times. Currently, there are different deadlines and inspection dates for rebuttal arguments, paid arguments and etc. This amendment combines six dates into a few dates for those who are filing and will help eliminate confusion. Commissioner Kenealey MOVED, and Commissioner Shadoian SECONDED, MOTION CARRIED.
(c) Discussion and possible action approve a resolution to urge the appointing authorities for the Ballot Simplification Committee to fill their current vacancies. Commissioner Gleason explained that the five-member committee currently has only one member and cannot do its work until all vacancies are filled or until it can have a quorum. The Committee prepares the Voter’s Information Pamphlet and other voter information. The Committee is scheduled to begin its work for the November election in July. Commissioner Townsend recommended an amendment that an addition “whereas” clause be added to state: “we recognize that San Francisco is a multiethnic City and that the deliberations of the appointing agencies take into consideration the make up of the City in their selection.”
Commissioner Winnicker commended Commissioner Gleason for bringing this item to the Commission. MOTION CARRIED.
(d) Discussion and possible action to approve a letter to the San Francisco Unified School District concerning appointments by the School Board to the Elections Commission. President Rosenthal said that although she did not attend the meeting in which the School Board’s committee interviewed potential candidates, she had heard from people who had been present that one member of the panel suggested that their candidate be a delegate of the Unified School District and that the candidate keep school board issues in mind and protect the board in those actions of the Election Commission that would effect the board. She said this was upsetting, especially when the proposition creating the Elections Commission made it very clear that the Commission was to be as apolitical as possible.
Commissioner Mendelson asked if the President had a copy of the actual remarks made. President Rosenthal answered that the Commission could request a copy of the tape. Commissioner Shadoian and Secretary Rodriques commented that they were both present and that the President’s understanding of the comments were correct. Commissioner Shadoian stated that all the candidates, other than himself, were asked the question “what do you think is the reason the School Board is given the duty to select a member of the Elections Commission?” The commissioner said that it appeared to him that the panel members were asking the candidates to “take a loyalty oath.” Commissioner Shadoian asked that it be put on record that “no School Board member has ever told him what to do.” The Commissioner stated that he has always worked independently of the Board and that he thinks the letter to all the appointing authorities is a good idea. Commissioner Townsend thanked the President for writing the letter and said that it is important that appointing authorities know that their appointees are not their lobbyists. The Commissioner said that if he were writing the letter he would add a paragraph about the importance of diversity on the Commission.
Commissioner Mendelson MOVED to amend the letter to state that an appointee owes loyalty first to the Elections Commission and not to any appointing authority. Commissioner MOVED, and Commissioner Kenealey SECONDED. Amendment CARRIED.
Public Comment – Rev. Gregory Richardson said he was a member of San Francisco’s Baptist Ministers Conference Council and said that it was important for all members, minorities included, of the “team” to work together for the same goal.
Commissioner Townsend MOVED to send the letter to all appointing authorities. SECONDED by Commissioner Kenealey. Commissioner Kenealey MOVED, and Commissioner Shadoian SECONDED approval to send the letter. The MOTION CARRIED.
(e) Discussion and possible action to hold two regular meetings per month for the Elections Commission. Commissioner Winnicker said that since the decision to only hold one meeting per month, the Commission has had circumstances that dictated that it hold two meetings. He said he feels it is time to go back to the original schedule, especially with upcoming questions about ballot design and the need for public input. The Commissioner said that he thinks the meetings might run shorter in duration if the Commission had two per month to take place on the first and third Wednesdays of each month. Commissioner Winnicker MOVED, and Commissioner Shadoian SECONDED the item. Commissioner Gleason said that for the present this would be a good move and that the Commission could return to one meeting per month after the November election.
Public Comment – Eric Allen said that he hadn’t noticed that the Commission had gone to one regular meeting a month. He said that the plan of returning to the two meeting schedule was a good one. Jay Martin said that there’s a danger that when a meeting goes up on the website and is cancelled, the public may not know that it has been cancelled. The said cancelled meetings need to be noticed in plenty of time for the public to be made aware.
MOTION to resume the two regular meetings per month CARRIED.
9. Unfinished Business
(a) Discussion and possible action to amend the Commission Bylaws, Article V, Section 1, to make certain the terms of Commission officers, and the Commission’s ability to remove its officers before the conclusion of their terms. The President, who proposed this amendment, said that it was her interpretation that the executive officers are to serve a one year term and do not serve at the pleasure of the Commission, that is to say, they are not removable at the whim of the Commission. Commissioner Townsend said that the word “whim” should be removed and the amended read that the officers can be removed only for cause. President Rosenthal agreed to this amendment. Deputy City Attorney Julia Moll said that she was concerned that the use of the words “for cause” leaves unanswered who is to decide what is “cause”. In the City, it often happens that an arbitrator decides what is “cause” in the context of employment disputes. Ms. Moll stated that the bylaw should be clear about who makes the final determination. It was MOVED and SECONDED to approve the amendment as written for discussion. President Rosenthal said “to be frank, I think politics enters this Commission in places that it shouldn’t, and I think that we don’t want to be constantly changing the leadership of the Commission based on what’s going on in the outside world... I want to make it more difficult for the Commission to remove its officers based on political ideology or whatever external forces there may be and that’s the purpose of this (amendment to the by laws)”. Ms. Moll pointed out that the Commission members can be removed by their appointing authorities for cause, and asked whether the intent was to have the same standard for removal from Commission office as the removal from the Commission as a whole.
Commissioner Mendelson said that the Commission elects its officers by a majority and should be allowed to remove its officers the same way. He reminded the Commission that removal of officers is not removing them from the Commission, its only removing them from office. He said that the way it is currently written in the bylaws is consistent with other Commissions in the City. Commissioner Mendelson reminded the President that the Commission, working as a collegial body, retained her as President when there were concerns about her leadership last year. He said that this is the way we work in a democracy, and that there should not be an “iron clad one-year pass”.
President Rosenthal said the Commissioner’s argument was compelling.
Commissioner Townsend agreed. Commissioner Shadoian reminded the Commission of his own removal as Vice President and said that although he disagreed with his removal, the Commission had the right to vote and it did. And he accepted its decision. Julia Moll suggested that to clarify the language, the wording could read “the Commission shall elect and may remove the executive officers by a majority vote of the Commission’s full membership.” Commissioner Kenealey agreed to accept this statement as a substitute motion.
Public Comment – Caleb Kleppner said he doesn’t often agree with Commissioner Mendelson but that he does in the matter.
Commissioner Mendelson said he had a question regarding the section of the amendment that reads “May to May.” He offered a situation where an officer resigns after serving two months and said that continuity of the Commission would best be served by electing an officer for a full term, no matter when that term begins.
President Rosenthal said that it is important that it is clear that an officer is either completing the term of the previous officer or has a full one year term. Commissioner Keaneley MOVED to TABLE this item to the call of the chair. SECONDED by Commissioner Mendelson.
Public Comment – Caleb Kleppner said that the right way is to have someone fill the vacancy to the end of the term. Eric Allen said that he agreed.
This item has been TABLED to the call of the Chair.
(b) Discussion and possible action to amend the Commission Bylaws, Article VII, Section 1, to provide one standing committiee, the General Policy and Budget Committee. Commissioner Mendelson MOVED and Commissioner Winnicker SECONDED this item. Commissioner Mendelson reminded the Commission that it seldom deals with budget issues and that by having two committees, all seven people are utilized. The Commissioner said that there are no pressing personnel matters now that a Director and Commission Secretary have been selected. If problems arise in these matters, an ad hoc committee can be formed or the subject can be turned over to the single committee as an investigative committee.
Commissioner Shadoian said that if this amendment passes, he foresees three people having a lot of power and the remaining four Commissioners as being less involved.
Commissioner Mendelson said that the President always retains the right to change the members of the standing committee so that everyone can participate. He reminded the Commission that the committee brings its recommendation to the full Commission and that nothing can occur without the majority of the Commission’s approval.
President Rosenthal recommended the removal of both committees because she said the Brown Act and probably the Sunshine Ordinance requires set regular meeting times for every committee and these committees have not been meeting regularly. Although there may be a flurry of activity around budget times or when there’s a special issue that needs to be examined, these subjects can be more suitable for an ad hoc committee appointed by the President.
Commissioner Shadoian agreed with the President and added that some Commissioners may be stronger in the area of budget or some other subject than others, and that ad hoc committees could take advantage of those Commissioners’ strengths and interests.
Commissioner Townsend said that he felt a lot of the work done by the Commission could have been streamlined by a committee process, before coming to the Commission.
Commissioner Winnicker said that he was in favor of eliminating the Personnel Committee because he sees no current need in keeping it active. He said he was against having only one standing committee because he would like to see the Commission entertain the idea of an Education Outreach Committee in the future.
Commissioner Gleason said there needs to be a place from which will come necessary action and ideas. He said he would like to have a smaller arena, like a committee, in which to explain ideas before bringing them forward.
Commissioner Mendelson said he agreed.
Roll Call Vote for this item: Kenealey – Yes; Gleason – Yes; Mendelson – Yes; Shadoian – No; Winnicker – Yes; Townsend – Yes; Rosenthal – no.
MOTION CARRIED.
(c) Discussion and possible means of encouraging and promoting voter participation, including some of the suggestions made at the March 17 outreach hearing. President Rosenthal called the Commission’s attention to item 6.7 under the Director’s Report for tonight’s meeting. This is the memo from the Director to the Commission in response to the Commission’s request that he examine the list of ideas from the public and let the Commission know which of these suggestions are currently being done by the Department and what additional activities can be easily incorporated into staff activities.
Commissioner Townsend said that although the Department makes public service announcements at election time, announcements about voter registration should be made throughout the entire year – to constantly encourage citizens to vote.
Commissioner Gleason said that he was amazed that the Department has already begun and continues to do outreach in many of the ways suggested by the public and that he knows that in some areas, the Department’s hands are tied. The Commissioner pointed out that one item outside the purview of the Department was to “Advocate the following changes in state or federal law: same day registration; making election day a federal or statewide holiday; holding elections on weekends; lowering the voting age.” These, he said, are some of the things the Commission can assist the Department in implementing.
The Commissioner said he was very interested in the idea that “a sign should go up at polling places the week prior to election day to indicate the location of the polling site and the list of the registered voters for that site.”
Commissioner Shadoian said that the list provided by the Director was one of the most helpful things he’s seen.
10. Annual Election of new Commission Officers. Commissioner Mendelson MOVED to nominate Commissioner Arnold Townsend for the office of President. President Rosenthal moved to vote by acclamation. The vote was unanimous. Commissioner Arnold Townsend ELECTED PRESIDENT.
President Rosenthal announced that she was resigning from the Commission effective tomorrow. She stated that she notified her appointing officer, and encouraged him to choose a female replacement. Ms. Rosenthal thanked the Director and the Commission Secretary for their assistance to her over the past year. She thanked Rachel Gosiengfao, Jennifer Novak, Suzanne Berg, Sarah Keeville and the staff for the work they have done to make the past three elections extraordinarily successful. Ms. Rosenthal said that she was “resigning now because she feels that it’s the end of an era for the Commission. The department is up on its feet, it’s been stabilized, it has an effective leader who has brought stability back after many difficult years.”
Commissioner Townsend took the gavel and thanked the Commission for his new position. He thanked Commissioner Rosenthal and the other past Presidents for their work during very difficult situations.
Commissioner Shadoian nominated Commissioner Winnicker for the office of Vice President. The vote was unanimous for Tony Winnicker to be Elected Vice President. The new Vice President thanked the members.
Commissioner Shadoian announced that tonight’s meeting would be his last. He said that he “feels that he is leaving at the right time. I’m very happy with what is happening in the Department and pleased with John’s leadership. I’m delighted in the staff that you have gathered around you. I’m delight at how we’ve grown as a Commission, we’ve been through a lot.” The Commissioner gave the Commission a plaque with seven steps for human relationship success. He said he was proud to have been an inaugural Elections Commissioner.
11. Discussion regarding items for future agendas. Commissioner Gleason suggested a resolution to have the BSC propose or approve any language regarding RCV for voting and for the counting method that will be in the Voter’s Information Pamphlet. Commissioner Gleason said that although the deadline has passed for submitting the Charter amendment for holding the election for the Treasurer/Assessor and Public Defender in November instead of March, The Commission should still submit it to the Board of Supervisors. Additionally, Commissioner Gleason wants the Commission to recommend an amendment to the Elections Code to eliminate the pre-election notice for poll workers and polling places that is published in newspapers, and to handle this noticing instead over the website at a savings of $10,000 to $15,000 per election. During the last election cycle, the Department spent $40 – 60,000 to publish this information in the newspaper. The savings realized could go into voter outreach and education.
President Rosenthal said that she has a list of agenda items that have been presented to her and will forward it to the new President. She will discuss these with President Townsend and explain why they haven’t been calendared and her thoughts about when they should be scheduled.
Commissioner Winnicker said that he wants to be sure the Commission sets aside time at the next meeting to discuss ballot designs and RCV materials.
Commissioner Rosenthal urged the Commission to continue discussions of the Bylaw amendments from earlier in this meeting regarding the terms of office and committee structure.
Public Comment - Jay Martin said that he would like to see provisional ballots and their envelope design be reviewed with an opportunity for the public to get numbers from the Department regarding rejected ballots and the reasons why they were rejected. Caleb Kleppner said that he heard from the vendor (ES&S) that a principal reason for the certification delay was a requirement to compare the submitted software with software that is currently in escrow under state law. This issue was not brought up at the VSP. Hester Lox said that her experience with the Director and his staff had been completely different from what the Commissioners and other may have witnessed. She said she wants to know what she can do to follow up on her previous complaints.
ADJOURNMENT at 9:59 pm.