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February 17, 2010

City and County of San Francisco

Elections Commission

Approved: March 17, 2010

Minutes of the Meeting at City Hall Room 408

February 17, 2010

 

 

 

  1.   President Joseph Pair called the meeting to order

      at 6:03 pm.

 

  1. ROLL CALL.  PRESENT.  Commissioners Rosabella Safont, Gerard Gleason, Joseph Phair, Winnie Yu (arrived at 6:05), Derek Turner, Arnold Townsend, Richard P. Matthews, Deputy City Attorney Mollie Lee, and Director of Elections John Arntz.

 

  1. Announcements.  President Phair announced that he has re-established the membership of the Budget and Oversight of Public Elections Committee (BOPEC) to include Commissioner Richard P. Matthews as chairperson, and Commissioners Gerard Gleason and Derek Turner.  President Phair reminded all Commissioners that they are welcome to attend the BOPEC meetings but are not allowed to participate.

 

      Commissioner Matthews announced that he had been notified by Roger Donaldson, chair of the Voting Systems Task Force, that the Task Force is requesting public comment on their recommendations.  Commissioner Matthews sent a link to those recommendations to the Commission Secretary who will forward it to all Commissioners.  For the purpose of these minutes, that link is http://www.sfgov.org/site/vstf_index.asp. 

 

      President Phair noted that he requested the Commission Secretary to prepare information regarding Commissioner filing and training obligations and due dates.  That information has been distributed to all members at this meeting.  He reminded members that the Ethics Training is every other year, and the SEI or Form 700 and the Sunshine Ordinance Training are annually.

 

  1. Discussion and possible action to approve the minutes of the January 20, 2010 Elections Commission Meeting.  Commissioner Matthews MOVED and Commissioner Safont SECONDED this item.

 

The Roll Call Vote was UNANIMOUS to approve the minutes.

 

5.  Director’s Report

 

Division Updates:

 

Ballot Distribution has learned that there will be a Health Services Board Election in May with four candidates.  Preparations for this are under way, as well as for the June election.  Part of this preparation involves routes for the Sheriffs to pick up ballots, working with vendors regarding the vote-by-mail ballots, parking and budgeting for the next fiscal year. 

 

Budget and Personnel, working with the Director, presented the budget that will be forwarded to the Mayor’s office.  This budget is essentially the same and the one presented in January, but has fine tuning accomplished after quotes from vendors and further input from managers.  The biggest change has been the work orders which have been dropped by $1.2 million since the last meeting.  Currently the Department has a $110,000 deficit with work orders going out to other City departments, but previously it was $700,000.  This has been lowered because the DoE was reimbursed for the elections run for BART, Community College District, Retirement Board, and SF School District.

 

The DoE needs to defund unfilled positions in this budget cycle.  There has been a drop in the temporary salaries as well. The Director said that his primary goal is to not incur any layoffs.  His staff is knowledgeable and has the experience of many elections.  The next fiscal year‘s budget will have three elections, November, February and June and will be a challenge because this will require 25% more funding when considering the Mayor’s requirement that Departments reduce ongoing budgets by 10%.

 

This budget has been seen by the Mayor’s Budget Office and now goes to the Controller’s Office.  The next big step is when it goes to the Board of Supervisors and the Board’s Budget Analyst.

 

President Phair asked Deputy City Attorney when the Commission needs to approve the budget.  Deputy City Attorney Lee said that she would check and notify the Commission.

 

Commissioner Matthews congratulated and thanked the Director for finding the new cuts in an already cut-to-the-bone budget. 

 

Campaign Services Division yesterday began handling nominations for all offices.  The Division held a ballot argument workshop for all legislative aides in City Hall.  There will be two Superior Court seats (6 and 15) on the ballot, and if no majority is reached in June, there will be a runoff in November.  There are sixty candidates, who have taken out declarations of intent, for the Board of Supervisors.  A petition to recall one of the Supervisors failed because it didn’t meet the requirement for the number of valid signatures.   

 

Outreach Division has been working on its plan for the June election, and has begun developing an accessible voting brochure.  The brochure is funded by HAVA funds from the state.  Currently, the front counter at the Department is not easily accessible, and finally the Department is able to go forward with its plan to make a section of that counter HAVA compliant. 

 

Poll Locating and ADA Division is sending out availability letters to determine if past sites will be available for the June election.  At the last election, we needed 409 polling locations, in June we will need at least 561.  The return of the availability letters will be very important.  The division will be seeking recertification for the state’s accessibility requirements for polling locations in mid-March.

 

Pollworker Division is assembling it’s pollworker assignment plan based on language assistance at polling sites and other factors.  Staff is putting together the Pollworker Manual and materials to assist with the primary in June.  The Division’s availability letters to past workers will be sent next month.  High School’s are being contacted for volunteers for the June election, but this is difficult because students have finals and/or plan to go on vacations.    

 

Technology Division is putting together several databases including the logic and accuracy base, warehouse data base for tracking of materials and the VoteCal base which is a statewide database of all registered voters. 

 

Voter Services Division mailed out its “Declined to State” postcards to the 51,000 permanent vote-by-mail precinct voters yesterday.  The card states that the voter is a non-partisan voter for this election and can vote any party.  Recently the staff had been occupied with checking the validity of the signatures on the recent recall petitions.  Voter file maintenance is always ongoing in the Division.

 

Commissioner Gleason commended the Department and Director on the “Election Connection Newsletter” for its thorough, concise and easily understood explanation of the Census and its importance to elections.  He said that the letter from the Director that appears in the front of the Voter Information Pamphlet (VIP) regarding the open modified primary was, to him, better than the explanation offered by the Secretary of State’s Office (SoS).  Commissioner Gleason said that the information is so well explained that it should also be on the Department’s website.  Director Arntz thanked the Commissioner and said that the information would be in the VIP, in the pollworker manual, and available for the phone bank.

 

6.   Commissioner’s Reports

                                                                    

Commissioner Townsend reported that he had numerous calls regarding the failed recall, but people were convinced of the results and that the Department had thoroughly checked for the validity of voters signatures, especially after receiving Director Arntz’s letter which very clearly explained the procedures that led to the rejected petition.

 

  1.  President Phair reported that the meeting, called by the Mayor, highlighted what had already been in the papers regarding the significant revenue weakness these past two years.  Highlights were labor and retirement expenses of over $100M, loss of federal stimulus/rainy day funds from the previous year, property taxes in the commercial areas are down, payroll taxes down due to less employment.  The total revenue shortfall projected for 2011 is $290.7 M.  Expenditures are expected to increase and result in a net deficit of between $522.2 and $542.2 million dollars.  The reason for the span is not knowing what the increase in the costs will be. 

 

      Adding to this, the Mayor doesn’t know how much the state will be asking from the City.  It could be as much as $100 M.

 

      The Mayor proposed cuts of 20% in the budgets of all departments and the general fund.  The reductions from last year still haven’t been implemented because the Board of Supervisors has not acted on them, which exacerbates the problem. 

 

      Commissioners Townsend, Matthews and Phair said that they were disappointed that the SFMTA was taking away the free parking, which is no cost to the City, for Commissioners who volunteer their time for the City. 

 

  1. (Chairperson Matthews)

   Commissioner Matthews reported that Deputy Director Nataliya Kuzina represented the Director at the meeting and pointed out that the draft presented to the Commission in January was $10.5 M and this amount was before the recovery of $720,000 from running the elections for other City departments. 

 

9.   Old Business

 

       (a)  Report regarding a review of the performance of the DRE (Direct Recording Equipment) used during the November 3, 2009 General Municipal Election.  (Commissioner Matthews)

      Commissioner Matthews explained that he has hit a road block in his research and asked if the Director could assist him with locating how many precinct votes there were on any given election day (distinguished from vote-by-mail or early voting).  The Director said that the information could be pulled from the website under “archive” and the information would be there for election day, not the votes the Commissioner wants to avoid.  Commissioner Matthews said that he would check the site again, and apologized for not having his report completed for this meeting.  It will be presented at the March meeting.

 

      President Phair asked if the Commissioner had so far found any issue or problems with the DRE’s functions.  Commissioner Matthews said he hadn’t but that we’re trying to balance two different concerns: Full accessibility without stigmatization or singling out, and pollworkers tacitly suggesting voters to use the DRE, although this seems to be diminishing.  

 

      This item will be CONTINUED to the March meeting.

     

      (b)  Update regarding action on the Elections Commission’s resolution on voter profile information, approved at the Commission’s November 18, 2009 meeting and sent to the State Legislation Committee for the City & County of San Francisco.  Discussion and possible action.  (Commissioner Gleason)
President Phair reminded the Commission that it sent a letter to the State Legislation Committee in December and has not received a response formally or informally. 

     

      Commissioner Gleason asked that the Commission send a second follow up to the State Legislation Committee for the City and County of San Francisco and schedule a resolution and any further action on the agenda of the next Commission meeting depending on whether we get a response.  The State Legislation Committee meets on the third Thursday of the month, but that meeting has been cancelled for February.  Commissioner Gleason added that he would like to have the second letter hand delivered to the offices of the State Legislation Committee.  Commissioner Gleason MOVED and Commissioner Matthews SECONDED that the follow up letter, to be composed by the Commission Secretary, accompany a second copy of the original letter and be hand delivered to the State Legislation Committee’s Office. 

 

      The Roll Call Vote Was:  Turner – Yes, Townsend – No, Safont – Yes, Matthews – Yes, Gleason – Yes, Yu – Yes, Phair – Yes. 

      THE VOTE WAS 6 YES, 1 NO.  THE MOTION PASSED.

 

         Follow up to this item is carried over to the next Commission Meeting.

 

10.    New Business

        

         (a) Discussion and possible action regarding process for the Commission             to be made aware of pending legislation that impacts the City’s         elections. (Commissioner Gleason)

               Commissioner Gleason said that he was concerned because the Commission was recently informed, by the newspaper clipping sent by the Commission Secretary to members, of a legislative action regarding elections after the fact.  Although the Commission may not be able to act on legislation, it should be aware of laws pending.  The Commissioner asked that the Commission authorize him to give a brief report, under Item 6 of the Commission’s agenda item, “Commissioner Reports”, of City and state legislation bearing on our elections for the remainder of this calendar year.  Commissioner Gleason gave several examples of legislation currently pending and how they could affect San Francisco.  

 

               Commissioner Matthews thanked Commissioner Gleason for volunteering to monitor this subject.

 

               Director Arntz said that he would send the list of legislation pending that he gets from CACEO, the California Association of Code Enforcement Officers, about twice a month to the Elections Commission Secretary to forward to the Commissioners.

 

               Commissioner Gleason MOVED and Commissioner Matthews SECONDED.

               The Roll Call Vote was UNANIMOUS to approve this item.

 

               (b) Director report and briefing, and discussion and possible action by the Commission, regarding Department of Elections and election-related functions historically (over the past three years) performed by the Department of Elections which are now contracted to outside vendors or being considered for contracting to outside vendors. (Commissioner Matthews) 

               Commissioner Matthews acknowledged that the information on this topic was received earlier today and he asked that the item be CARRIED OVER to the next Commission Meeting.

 

               President Phair said that the one page summary provided by the Director was very helpful.

 

               This Item is CARRIED OVER to the March meeting.

 

11.          CLOSED SESSION

      (a) Discussion and possible action regarding whether to hold closed session for attorney-client communication on matters of pending litigation, held pursuant to Ralph Brown Act, section 54956.9 and Sunshine Ordnance Section 67.10(d)

      (b) Closed Session for attorney-client communication regarding Dudum et al. v. Arntz et al., Northern District of California, case No. C 10-00504 SI (filed February 4, 2010).  Discussion and possible action.

      Commissioner Matthews MOVED that the Commission go to CLOSED SESSION, Commissioner Safont SECONDED.

The Roll Call Vote was UNANIMOUS to go into CLOSED SESSION.

 

      CLOSED SESSION began at 7:07 pm.

CLOSED SESSION ended at 7:37 pm.

 

12.    Discussion and vote regarding closed session deliberations or actions.

(a) Discussion and vote pursuant to Brown Act section 54957.1 and Sunshine Ordinance section 67.12 on whether to disclose any closed session deliberations or actions regarding Dudum et al. v. Arntz et al., Northern District of California, case No. C 10-00504 SI (filed February 4, 2010).

 

      MOTION: The Elections Commission finds that it is in the best interests of the public not to disclose its closed session deliberations or actions regarding Dudum et al. v. Arntz et al., Northern District of California, case No. C 10-00504 SI (filed February 4, 2010).

      Commissioner Matthews MOVED and Commissioner Safont SECONDED.

The Roll Call Vote was UNANIMOUS to not disclose the closed session deliberations or actions.

 

ADJOURNMENT @ 7:41 pm

Last updated: 4/7/2010 1:04:37 PM