Approved Minutes
City and County of San Francisco
Elections Commission
Agenda Room 408
December 15, 2010
1. Call to order 6:12
2. Roll Call Present President Joseph Phair, Vice President Winnie Yu, Commissioner Gerard Gleason, Commissioner Rosabella Safont, Commissioner Richard Matthews, Excused Commissioner Arnold Townsend. Present also Deputy City Attorney Mollie Lee and Director John Arntz
3. Announcements None
4. Approval of Minutes
Roll call vote was unanimous to approve the Minutes
5. Directors Report
Ballot Processing Certified as of 11/24/2010 the board has already declared and waiting for Mayor’s signature.
Budget/Personnel Currently preparing budget for the next physical year, the draft is near completion and ready for the Mayor’s signature.
Campaign Services In the process of reviewing the experiences with the front counter, phone bank and public services.
Outreach reviewing all of their activities for both June and November and compiling the information. Currently the Outreach is attending Naturalization Ceremonies held in Oakland.
Publications in the review phrase exploring best ways for time and cost savings, working with Technology Division to obtain a means of getting the data base to where we can populate fields more quickly and efficiently.
Canvass is completed
Poll Workers Division further their development of accessibilities with updating profile pages and expanding the website, more than 800 poll workers accessed this site to obtain information.
Technology Division working with publications division to provide the best information to the data base to enhance the voter guide.
Voter Services doing the post elections file maintenance any changes and cancellations, going through the roster to assure that voters are aware of changes. Preparing for retention of VBM applications, registration cards and mailing registration cards to provisional voters that may not have been registered, President Joseph Phair asked for clarification regarding, his mentioning of three to four elections for next year. Director John Arntz clarifies by saying in 2011 the Mayors race, California primaries and in 2012 the Presidential he goes to say there is a strong possibility of Special Elections being held in 2012, making it five elections.
6. Commissioners Report President Joseph Phair said that he has made two contacts with the Board of Education regarding the Commission vacancy and received an e-mail from the board’s secretary informing him that the board is aware of this issue and is working on it.
7. Old Business
(a) Discussion and possible action to hire a Commission Secretary. Commissioner Rosabella Safont states Commissioner Winnie Yu has already received some 38 resumes and nearly 100 more applications have been received by Human Resources. Commissioner Richard Matthews asked what is the current status and if there is a time frame. Commissioner Rosabella Safont, said she has eliminated applicants that don’t have the skills for the job and she continues to examine applications. Deputy City Attorney Mollie Lee suggested that only one person be delegated for this job, otherwise it becomes a committee, she stated that one person should handle the job and if they need assistance they can call upon another Commissioner to assist. Motion:
Moved and Seconded:
It was asked that Commissioner Safont be appointed to conduct the review and if assistance is needed she can request one of the other Commissioners to assist her.
Moved and seconded
Roll call vote was unanimous to approve
(b) Discussion and possible action to adopt performance criteria and procedures for the use of the commissioner in performing the annual review of the Department of Elections Director.
President Phair stated that as recounted in an e-mail previously sent to all Commissioners, he has spoken to counsel and was advised by the Department of Human Resources that the Commission should adopt criteria for the Director’s review rather than have each Commissioner use his or her own criteria. Accordingly, he has drafted combined criteria taken from suggestions received from the Commissioners. Attachment “A” is the proposed criteria to be used for this year’s performance evaluation of the Director. The performance evaluation will be performed in closed session at the Commission’s January 19, 2011 meeting. The Director will perform his own self assessment. Director Arntz asked if he should use the goals he adopted for himself in performing his self assessment. President Phair confirmed that he should do that. The Commission is urged to adopt a criteria and performance goals early in calendar year 2011 to provide for a more efficient performance evaluation process. Motion:
Moved and seconded:
That the criteria to be used by the Commission in evaluating the performance of the Department of Elections Director (the Director) shall be as set forth in Attachment “A”; that each Commissioner shall submit his or her evaluation comments regarding the Director to the Commission Secretary and the Commission’s President no later than January 10, 2011 for confidential distribution to the Commissioners for their review prior to the Commission’s January 19, 2011 meeting; and that the Director shall submit his self assessment, goals of performance and performance against such goals for the calendar year 2010, to the Commission Secretary and the Commission’s President no later than January 10, 2011 for confidential distribution to the Commissioners for their review prior to the Commission’s January 19, 2011 meeting.
Roll call vote was unanimous to approve
8. New Business
(a) Discussion and possible action regarding the evaluation of the effectiveness of the Elections Plan for the November 2, 2010 General Election. Motion:
Moved and Seconded:
That the Department of Elections was in substantial compliance with the Election Plan for the November 2, 2010 General Election.
Roll call vote was unanimous to approve
(b) Report of the Budget and Oversight of Public Elections Committee. Commissioner Matthews reprted on the BOPEC meting held December 1, 2010.
1. Commissioner Matthews reported that BOPEC discussed Proposition I, which approved opening polling places and conducting voting on the Saturday prior to the November 8, 2011 election if certain conditions are met. Commissioner Matthews raised the issue to suggest that the Department and the Commission create a calendar soon by which the actual budget for such a process would be finalized and thus the threshold for private fundraising is set. He pointed out that the deadline for fundraising should be as soon as practical, as the Department needs to know whether to plan such a procedure, how to manage the statutory implications of machine usage at polling places before election day, resetting all 900 machines on the Sunday and Monday between Saturday voting and Election Tuesday, and so on.
Deputy City Attorney Mollie Lee pointed out that the Comptroller determines whether the donated funds will be sufficient to cover the costs of Saturday voting.
2. Commissioner Matthews reported that BOPEC discussed San Francisco Charter section 13.101.5 (c) (2), which governs how to fill vacancies of the principal city/country offices. A question was raised about the strict interpretation of the charter section, as we have two vacancies whose offices will be on the November 8, 2011 ballot. Deputy City Attorney Lee advised the Commission that appointees to this type of vacancy serves the remainder of the unexpired term, and the person who is elected at the regularly scheduled election assumes office at the regularly scheduled time in January. She said that this analysis is consistent with the City's past practice.
3. Commissioner Matthews reported that BOPEC discussed the potential redrawing of district boundaries. The Charter states that after every decennial census, the Director shall determine whether there is a defined shift in the population; if so, this will trigger the process to have boundaries redrawn and the establishment of a redistricting task force. The Elections Commission makes three appointments to that task force. Director Arntz said that U.S. census data should be coming to cities and counties in early April. The director said that the redistricting should be done by August 1st so the Department can redraw the precinct lines if necessary. Director John Arntz stated that he had previously drafted a memo on this and has all the information already available and will forward to the commissioners this week.
(c) Discussion and possible action to retain counsel to advise the Commission and Department of Elections on matters that directly involve the election or campaign in the November 2011 municipal election for Mayor of the City and County of San Francisco as described in the San Francisco City Attorney’s August 27, 2010 memorandum titled Legal Advice on Matters concerning the Mayor’s Race. Copies of information proposed regarding proposed counsel is attached to the agenda. Attorney Lee has identified Brenda Carlson as the outside counsel for Department of Elections and the Elections Commission with regards to Deputy County Counsel for the County of San Mateo and she has confirmed her willingness to serve as outside counsel for Department of Elections and the Elections Commission with regards to Legal issues that directly involve November’s 2011 Elections or Campaign for Mayor for the City of San Francisco, any interested parties regarding attorney Carlson are directed to Deputy City Attorney Lee for additional information. Motion:
Moved and Seconded:
Motion: That the San Francisco Elections Commission select the San Mateo County Counsel’s Office to advise the Commission and the San Francisco Department of Elections on matters that directly involve the election or campaign in the November 2011 municipal election for May of the City and County of San Francisco, as described in the San Francisco City Attorney’s August 27, 2010 memorandum titled: Legal Advice on Matters Concerning the Mayors Race
Roll call vote was unanimous to approve
9. Discussion regarding items for future agendas
(a) Motor Voter Registration
(b) Hospital Voters issues
Meeting Adjourned 6:58