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December 1, 2010


                                                      Wednesday, December 1, 2010
                                                                      At 6:00 pm
                                                                 City Hall, Room 421
                                                       1 Dr. Carlton B. Goodlett Place

    Order of Business:

  1. Call to Order and Roll Call. 6:01

          Present: Chairman Richard Matthews, Commissioner Gerard Gleason (Arrived at 6:04), President Joseph Phair.
          Also Present: Deputy City Attorney Jon Givner

     2. Public comment on items appearing or not appearing on the agenda that is within the jurisdiction of the Budget and Oversight of          Public Elections Committee.


     3. Discussion and possible action to approve the Budget and Oversight of Public Elections Committee minutes for October 27, 2010.
      Vote was unanimous to approve October 27, minutes.

     4. Director’s update regarding the November 2, 2010 election.

    •      Director John Arntz, states that he had certified on Wednesday November 24, 2010. 
    •      The Reilly Campaign Submitted a recount request, however they decided  not to continue with the recount.  
    •      Materials are ready for the archives.

Commissioner Richard Matthews, Inquired about the status the missing ballots and the inspector responsible, Director Arntz, replied     on Friday prior to Thanksgiving they held a preliminary hearing and he was charged with three counts.
Deputy City Attorney Jon Givner, explained that bail was set for $100,000 and was lowered to 50,000.   The Inspector is still being held in the county jail, with a court date scheduled for Friday, two charges are under the elections code.  Commissioner Richard Matthew, ask for the status of the wet ballots Director Arntz states he had spoke with the State Office before he certified the count to find what would be their recommendation on this matter and a decision was made that since the memory pack was not located there was no means to compare, some of the ballots had sustained damage and the ink had bleed through.  A total of 67 ballots were involved, voters have called to inquire if their ballots were included in the missing ballots. Commissioner Richard Matthews, ask the Director if he had the Elections totals information, yes per Arntz and he will provide by Friday December 3, 2010.  The IRIS report will be available by December 13, 2010.  Director Arntz, explains that he certifies and the board declares, certification has been signed and will be provided.
    5Discussion and possible action regarding Proposition I on the November 2, 2010 election (potential Saturday voting at precinct polling    places)      including but not limited to policies relevant to its implementation.

 Commissioner Richard Matthews, it is my suggestion for the Budget and Oversight of Public Elections Committee (BOPEC) to ask the commission       to compile information around early or late spring. The machines being used on the first and second day, he wonders if the elections code makes reference to the use of the machines.  Arntz, says no mention to his knowledge regarding the use of the machines. Commissioner Gerard Gleason, states that the tabulators used must be set at zero and if used twice this means that each time must be set at zero and this is an expensive task for the programming.  The voters are under the assumption that their votes are being counted right then.  Deputy City Attorney Jon Givner, this office will continue to advise on all issues not involving the Mayor it will continue giving advice on all issues including Rank Choice Voting.  Commissioner Richard Matthews, who establishes the study and pays for it, Department of Elections shall prepare a study of SaturdayVoting including the effect it has on voter turnout, working families and educational benefits this information should be provided by February 2012.  Deputy City Attorney Jon Givner, Comments that in terms of the cost measures, it states there will not be any cost to the public as in regards to the study.  Commissioner Richard Matthews, refers to the voter elections guide: section 702.3 in the use of funds any money received in the fund are hereby exclusively to be used to pay necessary expenses incurred by the study, any money left over will be used for implementation of Prop I.  President Joseph Phair, ask that BOPEC take this issue to the full commission perhaps by February or March.

Guest Speaker David Pilpel, I have three issues to bring up 1. He encourages the Department to setup index codes to research the cost that is associated with the study and all things related.  2. Should there be a Prop I, it must be established who will do what and by when. 3. Elections plan should address for November 2011 all aspects, sooner to allow time for discussions, suggesting February near budget time.
6.       Discussion regarding items for future agendas.
Commissioner Richard Matthews, ask the Director, when will the Census data be received that triggers the 60 day clock, Arntz replies not until after April 15th information is provided to president and by December 30th information is transmitted to the state legislature. He will provide information before April 2011 to the Commission.
Commissioner Richard Matthews, states that section: 13.101.5 © any person filling a vacancy, shall serve until the successors time expires.



Disability Access

The Elections Commission meeting will be held in a designated room in City Hall, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA. The Commission meeting room is wheelchair accessible. The closest accessible BART station is the Civic Center Station at United Nations Plaza and Market Street. Accessible MUNI lines serving this location are: #42 Downtown Loop, and #71 Haight/Noriega and the F Line to Market and Van Ness and the Metro Stations at Van Ness and Market and at Civic Center. For information about MUNI accessible services call (415) 923-6142. There is accessible curbside parking adjacent to City Hall on Grove Street and Van Ness Avenue and in the vicinity of the Veterans Building at 401 Van Ness Avenue adjacent to Davies Hall and the War Memorial Complex.

The following services are available on request 48 hours prior to the meeting; except for Monday meetings, for which the deadline shall be 4:00 p.m. of the last business day of the preceding week: For American sign language interpreters or the use of a reader during a meeting, a sound enhancement system, and/or alternative formats of the agenda and minutes, please contact The Elections Office at (415) 554- 4375 or our TDD at (415) 554-4386 to make arrangements for the accommodation. Late requests will be honored, if possible.

In order to assist the City's efforts to accommodate persons with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products.  Please help the City accommodate these individuals. Individuals with chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-6060.

Know your rights under the Sunshine Ordinance

(Chapter 67 of the San Francisco Administrative Code)

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For more information on your rights under the Sunshine Ordinance or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, Donna Hall, Clerk, City Hall, Room 409, 1 Dr. Carlton B. Goodlett Place, San Francisco, CA 94102-4683 at Phone No.: (415) 554-7724; Fax No.: (415) 554-7854; E-mail: [email protected] Copies of the Sunshine Ordinance can be obtained from the Clerk of the Sunshine Task Force, the San Francisco Public Library and on the City's website at

Materials contained in the Commission packets for meetings are available for inspection at the Elections Department, City Hall Room 48, in the Commission's Public Binder, no later than 72 hours prior to meetings.

The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Lobbyist Registration and Reporting Requirements

Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code §2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 30 Van Ness Avenue, Suite 3900, San Francisco, CA 94102; telephone (415) 581-2300, fax (415) 581-2317; web site at




"If any materials related to an item on this agenda have been distributed to the Elections Commission after distribution of the agenda packet, those materials are available for public inspection at the Elections Department, City Hall Room 48, in the Commission's Public Binder, during normal office hours."


Last updated: 12/10/2010 12:42:27 PM