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October 10, 2006

SUNSHINE ORDINANCE TASK FORCE

COMPLAINT COMMITTEE

MINUTES

Tuesday, October 10, 2006

4:00 p.m., City Hall, Room 406

Committee Members: Sue Cauthen, Chair; Kristin Chu, Bruce Wolfe, Nicholas Goldman

Call to Order: 4:01 p.m.

Roll Call: Present: Cauthen, Chu, Goldman

Absent: Wolfe

Agenda Changes: Items #3 & #4 were heard after item #6

Deputy City Attorney: Ernie Llorente

Clerk : Linda Wong

1.

Amendments to the minutes of July 11, 2006.

Continued to the November meeting so that the Administrator and Member Wolfe could be present.

Without objections.

Speakers: None

2.

Approval of minutes of September 12, 2006. (action item) (attachment)

Speakers: Peter Warfield, praised and encouraged the Committee to continue to include the summary of what the public said during public comment in the meeting minutes.

Kimo Crossman, concurred with Peter Warfield regarding the quality of the minutes. Clarified his Immediate Disclosure Request (IDR) to Deputy City Attorney Paul Zarefsky that occurred during the meeting and requested that the minutes be amended.

Chair Cauthen, without objections, instructed the clerk to amend the minutes in item #8 of Mr. Crossmans public comment to state that Mr. Crossman made an IDR, which Mr. Pilpel felt was not reasonable.

Motion to approve minutes of September 12, 2006. (Goldman/Cauthen)

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

3.

06008

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged untimely response, failure to respond to a IDR, to provide records incrementally, to exempt review, to provide records electronically, and to use computer technology to reduce cost. (action item) (attachment)

Speakers: Kimo Crossman, Complainant. Peter Warfield stated that the Sunshine Ordinance requires the presence of departments at hearings of the Task Force; asked if the Committee is enforcing the appearance of department's at every hearing, and urged the Committee to allow the Complainant his 3-minute rebuttal.

Motion to recommend jurisdiction. (Goldman/Cauthen)

Ayes: Cauthen, Chu and Goldman

Absent: Wolfe

4.

06009

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged untimely response, failure to respond to a IDR, to provide records incrementally, to exempt review, to provide records electronically, and to use computer technology to reduce cost. (action item) (attachment)

Speaker: Kimo Crossman, Complainant. Peter Warfield, stated that according to the Sunshine Ordinance, the presence of the departments is required and that he disagrees with the Chair and those who think it is the best interest for the department to attend the meeting because it puts the Complainant at a disadvantage of not knowing what the department's defend will be.

Member Chu requested the Clerk to ask the Administrator to obtain written confirmation from the Department of Telecommunications and Information Services regarding its attendance at the next full Task Force meeting.

Motion to recommend jurisdiction. (Goldman/Chu)

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

5.

06017

Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health-Community Advisory Board for alleged failure to post meeting notices and agendas on the web and local publications, and failure to post agendas and minutes of its meetings. (action item) (attachment)

Speakers: Michael Petrelis, Complainant; Matthrew Florence, CAB Administrator, Department of Public Health. Hank Wilson agreed with the Complainant that the body should have public transparency and recommended the name of the group be changed to Department of Public Health-Community Board. Robert Reinhard spoke in favor of the department and also recommended the name of the group be changed to Department of Public Health-Community Board.

Chair Cauthen urged Dr. Susan Buchbinder, Director, HIV Vaccine Trials to attend the next full Task Force hearing.

Motion to recommend jurisdiction. ( Cauthen / Chu )

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

6.

06018

Determination of jurisdiction of complaint filed by Daisy Anarchy against the Entertainment Commission for alleged improper meeting notice, failure to post meeting agendas and minutes, and failure to allow public comment. (action item) (attachment)

Speakers: Daisy Anarchy, Complainant; Robert Davis, Executive Director, Entertainment Commission. A female speaker spoke in favor of the Complainant, said the Commission cancelled a meeting at the very last minute without sending proper notifications to the public. Kimo Crossman stated that any meeting with the Mayor is a passive meeting and public attendance should be allowed and pointed out that if there is a quorum of people on a subcommittee, that would make a passive meeting.

Chair Cauthen asked Ms. Anarchy, if possible, to ask someone who was in the overflow room to testify at the full Task Force meeting, to submit a list of the specific violations that occurred on the specific dates, and to bring a copy of the videotape of the meeting that she was prohibited from attending.

Motion to recommend jurisdiction. ( Goldman / Chu )

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

7.

Administrator's Report.

Speakers: Kimo Crossman, spoke about Clerk of the Boards (COB) August 1, letter in response to the Task Force's concerns regarding staff support. He urged the Committee to provide comments to the Chair at the BOS Budget Committee regarding Clerk's Office administrative staff support to the Task Force, and encouraged the Committee to allow the public to provide written response to the City Attorney's Order of Determination letter(s).

Continued to the next meeting, without objections.

8.

Public comment for items not listed on the agenda.

Speakers: Peter Warfield, indicated that pursuant to Administrative Code Section 67.21(e), departments are required to attend any hearing and explain the basis for their decision to withhold the records requested; urged the Task Force to enforce this section.

Kimo Crossman, spoke regarding the Clerk's Office's refusal to provide the Sunshine Ordinance to the public in Word format.

Member Goldman stated that he would write a letter to the full Task Force to urge the enforcement of Section 67.21 (e).

9.

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

Speakers: None


Adjournment The meeting was adjourned at 5:56 PM

This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force

Last updated: 8/18/2009 1:56:58 PM