SUNSHINE ORDINANCE TASK FORCE
COMPLAINT COMMITTEE
February 12, 2002
MINUTES*
Members: Paul Hogan, Chair; Bruce Brugmann; Joshua Koltun
*Note: Action items: First name indicates Member making motion; second name indicates member seconding motion.
Roll Call All members present.
1. Approval of minutes of January 25. Minutes approved. (Brugmann/Koltun)
2. Complaint of Helynna Brooke, Shelley Bell, Deborah Drysdale, James Bryant, Willie Kennedy against the Elections Commission regarding improper notification of meeting and improper meetings.
Comments received from Helynna Brooke, Shelley Bell, James Bryant, Person representing Willie Kennedy, in support of the complaint stating improper January meeting; February meeting not noticed properly; improper committee meeting held; perceptions of meeting held; perception of committee meeting held; perception of election of officers decided ahead of time.
Comments received from Tom Schulz, President of Elections Commission, against complaint stating agreement with Deputy City Attorney opinion of jurisdictional letter; no improper meeting held; business not discussed; handed out information; February meeting posted; was not placed on web in time required; no committee meeting held; all was done with advice of Deputy City Attorneys; one said to go ahead with meeting; one had caution of meeting; would make the decision again to hold the meeting; I expressed interest in being chair of the Commission; election process was wide open.
Julie Moll, Deputy City Attorney, addressed the Task Force stating advice was given to a number of the Elections Commission members that there were a number of reasons why the law technically would not apply to them before they were sworn in; even though, it did not seem like a good idea for them to meet; if they met refrain from discussing agenda items; if there is some identified administrator it is okay for individuals to say it is okay to talk about specific items; agenda for first meeting was available and posted; law talks about elected officials and for that reason I do not think the law applied; did not understand Personnel Committee was going to meet to review applications; understood that the committee was not going to meet; talked with Mr. Schulz regarding what expectation was about the reviewing of the applications-that it was not a committee meeting.
Public comment from Bob Planthold regarding possibility of seriatum meeting regarding appointments; Brown Act and legislative bodies.
Public comment from M. Cooper, regarding advice given to Elections Commission of not to have meeting; why urgency to meet; quorum of commissioners violation of Brown Act.
Public comment from Shelley Bell regarding quorums; election of officers; members did meet as a committee.
Public comment from Helynna Brooke regarding seriatim meetings.
Motion adopted that the Sunshine Ordinance Task Force does not have jurisdiction over failing to provide 72-hour notice of a Special Meeting on the City Internet web site for its February 1, 2002 meeting. (Koltun/Brugmann)
Motion adopted that the Sunshine Ordinance Task Force does have jurisdiction, because of perception, over conducting a meeting of four appointed but not yet sworn-in members of the Commission. (Koltun/Brugmann)
Motion adopted that the Sunshine Ordinance Task Force does have jurisdiction, because of perception, regarding appointing three members of the Elections Commission to review applications for the Elections Commission, and alleged issue that said members met in a conference room at the Elections Department and reviewed applications, and that the meeting was allegedly not noticed or open to the public. (Koltun/Brugmann)
Elections Commission President Schulz asked if Chair Bernstein should be recused because of statements made in the newspaper.
3. Public Comment: No public comment.
The meeting adjourned at 2:15 p.m. Donna L. Hall, Administrator
* The February 12, 2002 Complaint Committee meeting has been recorded and is on file in the Sunshine Ordinance Task Force Office.
Last updated: 8/18/2009 1:56:57 PM