September 12, 2006

1.

Approval of minutes of August 8, 2006.

Chair Cauthen informed the committee members that the minutes for the July 11, 2006 meeting will need to be amended to remove/correct a change made during the August 8, meeting for item #4 that added remarks allegedly made by the Administrator. She asked the Administrator to add and item on "Amendments to the minutes of July 11, 2006," to the October 10, 2006 agenda.

Speakers: None

Motion to approve minutes of August 8, 2006. ( Chu / Goldman )

Ayes: Cauthen, Chu, Goldman

Excused Absent: Wolfe

2.

06012

Determination of jurisdiction of complaint filed by Juan De Anda against the Department of Public Health for alleged incomplete production of documents

Chair Cauthen informed members that Mr. De Anda has withdrawn his complaint, and that no further action is necessary.

3.

06013

Determination of jurisdiction of complaint filed by Kimo Crossman against the Board of Supervisors, Office of the Clerk of the Board and Sunshine Ordinance Task Force for alleged failure to provide public record (in MS Word format) and failure to provide written exemption.

Speakers: Kimo Crossman, Complainant; Frank Darby, Jr., Records and Information Manager, Office of the Clerk of the Board.

David Pilpel expressed a concern that the complainant listed the Board of Supervisors and Task Force as respondents and asked whether it should remain as is or removed to only include the Clerk of the Board.

Allen Grossman noted that his complaint is not against the Board of Supervisors or the Task Force but against Gloria Young and Linda Wong.

Motion to recommend jurisdiction of complaint filed by Kimo Crossman against the Office of the Clerk of the Board for alleged failure to provide public record in original Word format and failure to provide written justification for withholding. ( Cauthen / Chu )

Ayes: Cauthen, Chu, Goldman

Excused Absent: Wolfe

4.

06014

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to produce records and to provide in electronic format.

Speakers: Kimo Crossman, Complainant; Ron Vinson, Chief Administrative Officer, Department of Telecommunications and Information Services

David Pilpel said that this complaint is different from the other two complaints and questions whether a finding of jurisdiction is proper.

Deputy City Attorney Ernie Llorente, in response to the Chair indicated that all of Section 67.21 (l) would need to be looked at in its entirety including the Public Records Act previously cited.

Motion to recommend jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to produce records and to provide in electronic format. ( Wolfe / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

5.

06015

Determination of jurisdiction of complaint filed by Allen Grossman against the Board of Supervisors, Office of the Clerk of the Board and Sunshine Ordinance Task Force for alleged failure to provide public record (in MS Word format), and failure to provide justification for withholding.

Speakers: Allen Grossman, Complainant; Frank Darby, Jr., Records and Information Manager, Office of the Clerk of the Board.

Deputy City Attorney Ernie Llorente, in response to a question from the Chair regard metadata, referenced Section 67.21 and the Public Records Act 6253.9 and 6253.9 (f) which deals with the release of electronic records.

Kimo Crossman supports jurisdiction; he said that California Code Section 6253 (b) is the relevant code section to be considered by the Committee. That the Clerk of the Board is relying on an unwritten policy and only providing oral justification from the City Attorney. That the PDF version is not as functional as the Word version.

David Pilpel asked the Committee to identify the respondents as it appears in the original complaint.

Chair Cauthen asked the Administrator to inform the Department to put something briefly in writing regarding their policy on metadata.

Motion to recommend jurisdiction of complaint filed by Allen Grossman against the Office of the Clerk of the Board and Sunshine Ordinance Task Force Administrator for alleged failure to provide public record in original Word format and failure to provide written justification for withholding. ( Goldman / Chu )

Ayes: Cauthen, Chu, Wolfe, Goldman

6.

Language and format of Order of Determination Report

Speakers:

David Pilpel suggested that a line be added in the the Order of Determination template which says, "This matter comes before the Task Force under Sections: 67.21 (e), 67.30 (c), and/or 12L."

Kimo Crossman said that it is sad that the Committee has spent 15 minutes on a draft document and allowed the lead City Attorney on Sunshine to violate the ordinance but have said nothing about it.

Mr. Grossman said that in Section 67.21 (g) there is a presumption that the record is public and that the custodian is responsible for proving that it is exempt.

The Committee discussed their Order of Determination template and after reviewing the comments from Member Craven, and hearing public testimony agreed to leave the template as is.

7.

Administrator's Report.

The Administrator made the report.

Speakers: Kimo Crossman stated that the 2005 Good Government Guide in the orange Public Review Binder need to be replaced with the 2006 version.

8.

Public comment for items not listed on the agenda.

Speakers:

• Paul Zarefsky, Deputy City Attorney, City Attorney's Office stated that the subject of electronic records is complicated both technically and legally and urged as a matter of process that the Task Force have a general hearing prior to resolving the above three complaints, to learn about metadata (Word), and its potential dangers.

• Allen Grossman said that he doesn't agree that adopting a policy prior to hearing the complaints would allow him to have a reasonable and fair hearing; that the metadata is important.
• David Pilpel agree with Mr. Zarefsky's suggestion; that page 35 and 81 of the packet has client IP addresses that is an example of the type of metadata that may be used to damage a persons PC. That he observed Mr. Crossman ask Mr. Zafefsky for a copy of his notes and when he was denied, Mr. Crossman made an immediate disclosure request which Mr. Pilpel felt it was not reasonable.
• Kimo Crossman said the Task Force is allowed to establish policy under Section 67.30 (c). He said that he asked Mr. Zarefsky for a copy of his speaking notes, which is a public record, but he refused to provide it, which is a violation of the Ordinance Section 67.21 (i). That metadata in a Word document is a public record.

The Committee by consensus agreed with Mr. Zarefsky's suggestion that the Task Force have a general discussion regarding electronic records and metadata, and that an independent expert be invited to speak on the subject. And asked the Administrator to speak with Chair Comstock regarding adding an item for discussion before the complaints at the next Task Force meeting.

9.

Announcements, questions, and future agenda items from the Committee members.

Speakers: None