December 12, 2006

1.

Approval of minutes of November 14, 2006.

Speakers: None

Motion approving minutes of November 14, 2006. ( Cauthen / Goldman )

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

2.

06022

Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health for alleged failure to make minutes available.

Chair Cauthen asked Mr. Petrelis if this complaint could be combined with complaint #06024 and he said that they could. Mr. Loyce asked that the complaints not be combined since they refer to separate entities. By consensus of the Committee, the complaints were not consolidated.

Speakers: Michael Petrelis, Complainant; James Loyce, Department of Public Health; Parties of the City: Mike Smith said that their mission is a planning process to bring the community together and they are not setting policy. Perry Rose said that attendance is not mandated. Bret Andrews said that they meet at 25 Van Ness out of convenience and that they are a planning body only. Gail Burns said meetings are informal; that they are planning for the future and or not hiding anything. Lance Toma said they are a community leadership body; that they seek funding from both private and public sources.

Kimo Crossman said that he supports jurisdiction because he feels departments are creating transparent working groups.

Motion to recommend jurisdiction. ( Wolfe / Cauthen )

Ayes: Cauthen, Chu, Wolfe, Goldman

Chair Cauthen asked the parties if they were willing to expedite the complaint to the December 20, 2006 Special meeting of the Task Force. Mr. Petrelis supported expediting the complaint. Mr. Loyce did not support expediting the complaint. By consensus of the Committee, the complaint was not expedited.

3.

06023

Determination of jurisdiction of complaint filed by Hima B. against the Entertainment Commission for alleged failure to allow attendance at a public meeting, improper meeting notice, and failure to allow public comment.

Speakers: Bob Davis, Entertainment Commission.

The Administrator reminded Chair Cauthen of Hima B.'s request that her complaint be combined with complaint #06018 filed by Daisy Anarchy, if jurisdiction is determined. Chair Cauthen asked Mr. Davis if he agreed to combine the complaints, and he agreed.

Motion to recommend jurisdiction. ( Wolfe / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

Motion to combine the complaint of Hima B. with complaint #06018 filed by Daisy Anarchy. ( Wolfe / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

4.

06024

Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health – HIV Prevention Planning Council for alleged failure to allow public comment and photographing during its meetings.

Speakers: Michael Petrelis, Complainant; Tracy Packer, Interim Director of HIV Prevention; Parties of the City: Perry Rose said that there are protocols in place to ensure an orderly meeting. Gail Burns said that they meet at the Quaker Building and that rules are in place to prevent intimidation by attendees.

The Committee, by consensus, accepted the request from Mr. Petrelis to sever his allegation for failure to allow "photographing during meetings" until the January 9, meeting of the Committee regarding complaint #06031 filed by Cynthia Laird.

Motion to recommend jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health – HIV Prevention Planning Council for alleged failure to allow public comment by not allowing the public to handout documents to Council Members. ( Goldman / Wolfe )

Ayes: Cauthen, Chu, Wolfe, Goldman

Chair Cauthen asked the parties if they were willing to expedite the complaint to the December 20, 2006 Special meeting of the Task Force. Mr. Petrelis supported expediting the complaint. Ms. Packer did not support expediting the complaint. By consensus of the Committee, the complaint was not expedited.

5.

06026

Determination of jurisdiction of complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors for alleged failure to provide public record in original electronic format requested, and not providing a legal reason.

Speakers: Kimo Crossman, Complainant; Gloria Young, Clerk of the Board of Supervisors

Allen Grossman, in support of jurisdiction, said that whether the COB can substitute PDF for another format has rejected by the Task Force; that the Rules Committees discussion on the matter does not have any relevance on the Ordinance.

Motion to recommend jurisdiction. ( Wolf / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

Chair Cauthen asked the parties if they were willing to expedite the complaint to the December 20, 2006 Special meeting of the Task Force. Both parties agreed to expedite the complaint. By consensus of the Committee, the complaint was expedited.

6.

06027

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide public record e-mail documents and not minimally redacting information.

Speakers: Kimo Crossman, Complainant; Kathryn Hile, Department of Telecommunications and Information Services

Motion to recommend jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide public record e-mail documents, not minimally redacting information, and untimely response. ( Wolfe / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

Chair Cauthen asked the parties if they were willing to expedite the complaint to the December 20, 2006 Special meeting of the Task Force. Mr. Crossman supported expediting the complaint. Ms. Hile did not support expediting the complaint. By consensus of the Committee, the complaint was not expedited.

7.

06029

Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board of Supervisors alleging that the Administrator is not a full time position.

The Committee, after hearing objections from Mr. Crossman, by consensus excused the Administrator from clerking the meeting.

Chair Cauthen expressed disapproval with the Clerks Office for not having someone clerk the meeting in the absence of the Administrator.

Speakers: Kimo Crossman, Complaint; Gloria Young, Clerk of the Board of Supervisors; Frank Darby, Sunshine Ordinance Task Force Administrator.

Allen Grossman said that if the Administrator is not full time that the Task Force can't perform all of its functions, and should deal with this matter.

Michael Petrellis said that he is disappointed with the October minutes of the Task Force for not having enough detail regarding his complaint against the DPH-CAB.

Motion to recommend jurisdiction. ( Wolfe / Cauthen )

Ayes: Cauthen, Chu, Wolfe, Goldman

Chair Cauthen asked the parties if they were willing to expedite the complaint to the December 20, 2006 Special meeting of the Task Force. All parties agreed to expedite the complaint. By consensus of the Committee, the complaint was expedited.

8.

06030

Determination of jurisdiction of complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors alleging a violation by the Department head for deleting e-mail communications advice from the City Attorney.

Speakers: Kimo Crossman, Complaint; Gloria Young, Clerk of the Board of Supervisors.

Allen Grossman said that the deleted e-mail was an opinion from the City Attorney and not simply an authored letter.

Motion to recommend jurisdiction. ( Chu / Goldman )

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

9.

Administrator's Report.

Speakers: None

The Administrator made the report.

10.

Public comment for items not listed on the agenda.

Speakers: Kimo Crossman said the Board of Supervisors reversed the motion by the Clerk of the Board regarding submitting the Boards electronic records in PDF.

11.

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

Speakers: None