Elections Commission
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Department of Elections
Elections Commission
Approved: 9/18/02
City and County of San Francisco
Elections Commission
Minutes of the Meeting held
August 21, 2002
1. President Mendelson called the meeting to order at 7:01 pm.
2. COMMISSION MEMBERS PRESENT: Robert Kenealey, Thomas Schulz, Brenda Stowers, Richard Shadoian, Alix Rosenthal and Michael Mendelson. ABSENT: none.
3. FLAG SALUTE
4. PUBLIC COMMENT. None
5. OFFICERS’ REPORTS: None
6. COMMITTEE REPORTS:
a. Budget Policy Committee – Commissioner Stowers reported that the Committee is in the process of determining from where funds will come to cover the hiring of the Howard Rice firm which is representing the City in litigation regarding the removal of the former Director of Elections (DOE). She said that she expects as much as possible of the funds to come from the Elections Department’s budget.
b. Personnel Policy Committee – Commissioner Schulz reported that the Committee was scheduled to meet on August 12th and Commissioner Shadoian unexplainedly did not attend. Even though there was no quorum, the Department of Human Resources gave a presentation explaining the regular process for selecting provisional employees. The general process was not designed for selection of a department head, such as the Director of Elections.
Commissioner Schulz commended Deputy City Attorney Julie Moll for subsequently working with the Department of Human Resources (DHR) to clarify how DHR and Commission should proceed. The process will also serve as a model for selecting a permanent Director. Commissioner Schulz advised that he has personally reviewed and approved the questions developed by DHR to examine the knowledge, abilities and skills of the applicants. The Commission’s next step is to form a selection committee from its members. DHR will be in contact with the Commission Secretary to advise her of the steps ahead.
Commissioner Schulz commended Marsha Stroop and Ann Marie Monroe of DHR for their assistance.
Commissioner Schulz reported further that he requested DHR to cap the list for the Provisional Director position and that candidates who have applied and met DHR’s criteria be notified when the interviews for Provisional Director will be held.
Commissioner Stowers asked if the guidelines from DHR for the Provisional Director position were the same as those for the Permanent Director of Elections and do they follow the requirements of Proposition E. Commissioner Schulz answered in the affirmative.
Commissioner Shadoian suggested that the posting for Provisional Director be available for 30 days. Vice President Rosenthal reminded him that the posting opened the first week of August and Commissioner Schulz added that the announcement for the permanent Director of Elections position has been posted since June. A list of DHR qualified applicants for that position will be the source from which the Provisional candidates will come.
A Five Minute Recess was Called at 7:23 pm.
Meeting resumed at 7:27 pm.
7. DIRECTOR’S REPORT: Acting Director Arntz presented the Election Calendar for the November 2002 election. Commissioner Stowers asked if the calendar could be formatted with milestones and that the Commission be notified if any of the milestones are not met or when major problems arise. Mr. Arntz explained that all the tasks on the calendar are “major” ones and that smaller, unlisted tasks are derived from them. Commissioner Schulz asked if the Acting Director would also notify the Commission of any instance when the DOE might not meet a legal deadline. Mr. Arntz said that there was already in existence similar calendars and that he would be able to create one that answered Commissioner Schulz’ concerns.
Vice President Rosenthal asked where the Acting Director was in the process of requesting supplementary funding to cover possible postage cost overruns. He said he will be informing the Board of Supervisors that postage will be an issue.
President Mendelson asked the Acting Director where there might be any other shortfalls. Mr. Arntz replied that there will be a shortage of funds for personnel but that has always been the case because the Department has only been funded in the past for the time periods around elections. He stated that the Department needs people to work throughout the year to complete the previous election and to plan and prepare for the next.
The Acting Director stated that the budget allows $55,000 for return absentee ballot postage as the result of an ordinance recently passed by the City, but no one will know how much is actually needed until AFTER the ballots are returned. He will be working with the Post Office to determine the costs for the VIP (Voter Information Pamphlet). Commissioner Stowers asked if the ordinance stated that the Board of Supervisors was to pay for the absentee ballot return postage. Mr. Arntz said that he has been meeting with members of the Board, the Controller’s Office and the Mayor’s Budget Office about the DOE’s funding since July 1st. The financial concerns of the department, he said, is not a secret and there will be no surprise when supplemental appropriations are requested.
Commissioner Shadoian left the meeting at 7:48 pm.
Mr. Arntz stated that the DOE has the funds for personnel, supplies and equipment for the November 2002 election. There is a reserve fund, set aside by the Mayor, for the run off election. The main concern is January, he said, because the Department has work to do and needs staff to do it.
President Mendelson asked about the status of costs for the VIP. Acting Director Arntz replied that postage estimates are as high as $1.8M if they are mailed without sorting. However, the Department could save more than one half of this cost if it follows procedures for sorting for bulk mailings but Mr. Arntz hasn’t finalized these possibilities with the Post Office to date.
President Mendelson asked about automobile costs for the November election. Mr. Arntz said he has been working closely with Purchasing to examine those needs and feels that those needs can be met for $50,000 total for both elections ( November and December ). This is partly the result, he said, of negotiating with the Thrifty Car Rental Company to drop their price by 30%. The previous costs for elections was between $150,000 to $200,000.
Acting Director Arntz reported that he has ordered the printing of ballot cards and feels the costs, while the number of cards per ballot is greater, will be under what was spent for the last election. President Mendelson asked if the Acting Director has been keeping the Mayor’s Office apprised of these attempts to reign in costs and his response was affirmative and the response from the Controller’s Office, the Mayor’s Office, Purchasing, Administrative Services and the Board has been favorable.
Commissioner Kenealey asked the Acting Director if he was preparing a supplemental for the personnel costs. Mr. Arntz replied that the Department is currently putting the information together to show how much will be spent per pay period and what is being funded for these pay periods and arrive at what the shortage will be. At that time, more money will be requested. Commissioner Kenealey clarified the Acting Director’s statement by asking, “in other words, so that at the start of January of 2003, you will have a Department.” Mr. Arntz agreed that this was his goal.
President Mendelson asked the Acting Director if this concept of a year-round Department was something new. Mr. Arntz agreed. He said that the concept is new to the employees because they experience stress when the election is over, new within City Hall because people look at the DOE as conducting activities only during an election, and new for the media who always ask if the Department is “funded sufficiently for the election”. Mr. Arntz added that when an elections department focuses only on the election at hand, it falls behind in its preparations for the next election cycle.
Vice President Rosenthal reminded the Commission that by not having year-round staffing, the lack of “institutional memory” has been an issue for the Department.
8. OLD BUSINESS:
a. Commissioner Kenealey MOVED that the Commission approve 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 and perform other duties for the November 5, 2002 election and the run-off following that election. Commissioner Rosenthal seconded the Motion.
Discussion: Mr. Arntz said that the reasoning for this request was to use it as a “fill-in” because it is difficult to find qualified people in areas like computer support. Regarding Field Election Deputies (FEDs), he said that he didn’t want a waiver that allowed ONLY City employees as FEDs, because he does not want the DOE to “arm twist” City workers. Commissioner Schulz asked if there were specific criteria for selecting the FEDs from the City employees. Mr. Arntz noted that the FEDs are so important that the more motivated they are, the better the job is done. Also, there are City workers who are skilled at handling the phones during election day. The Acting Director stated that he hopes to get 25 of the FEDs from a willing City workforce, this would be half of all the FEDs needed.
Public Comment: Peter Fries recalled his experience as a FED, and asked if these positions would be paid. Mr. Fries alerted the Commission that City workers’ departments need to be notified if any of their staff will be working the elections.
Motion 082102-1
That the Commission approve 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 and perform other duties for the November 5, 2002 election and the run-off following that election
(Kenealey/Rosenthal) MOTION PASSED by a vote of 4 to 1.
b. Commissioner Rosenthal MOVED, that the Commission approve closing the list for Provisional Director, SECONDED by Commissioner Kenealey.
Public Comment. Peter Fries spoke regarding the Commission’s need to follow the procedures recommended by the Equal Employment Opportunity (EEO) division of DHR. Commissioner Schulz advised the Commission that the procedures have been followed and that Marsha Stroop’s office has given the Commission approval to proceed.
Commissioner Rosenthal withdrew her MOTION.
President Mendelson requested a MOTION implementing the DHR’s procedure used in selecting a Provisional Director of Elections including the following steps: (1) The Commission accept the questions and evaluation criteria developed by DHR, (2) The Commission determine an appropriate pool of provisional applicants, (3) The Commission appoint a selection committee comprised of Commissioners Rosenthal, Stowers, and Mendelson, (4) The Commission select a date certain to interview applicants, that date being September 10, 2002, (5) The selection committee make its recommendation to the full Commission at the next Commission meeting, (6) after appropriate discussion, the Commission will designate a Provisional Director by vote.
Public Comment. Peter Fries spoke about the diversity of the interview panel.
Discussion. Commissioner Schulz commented that he felt the three-person interview committee assignment was appropriate.
Motion 082102-2
To implement the DHR’s procedure to use in selecting a Provisional Director of Elections including the steps described.
(Kenealey/Rosenthal) PASSED unanimously.
9. NEW BUSINESS: None
10. PUBLIC COMMENT. Peter Fries expressed his concern that the Budget Analyst and Controller should do fiscal analyses.
Commissioner Schulz announced that he will be on overseas travel during September.
Meeting ADJOURNED at 8:20 pm.