January 9, 2007

1.

Approval of minutes of December 12, 2006.

Speakers: None

Motion approving minutes of December 12, 2006. ( Wolfe / Goldman )

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

2.

06025

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide documents in original electronic format on a timely basis.

Speakers: Ron Vinson, Respondent, Department of Telecommunications and Information Services

Allen Grossman for Complainant, said that there is no issue since DTIS has agreed to jurisdiction.

Motion to recommend jurisdiction. ( Goldman / Wolfe )

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

3.

06028

Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator for alleged illegal redaction of email addresses and filename paths.

Chair Cauthen clerked the meeting.

Speakers: Frank Darby, Sunshine Ordinance Task Force Administrator did not contest jurisdiction. He stated that since the Task Force sits in a quasi-judicial capacity that the Task Force may need to be recused from hearing the complaint because Mr. Crossman has had ex parte communications with a majority of its members regarding this complaint, outside of the hearing, by providing information that Mr. Crossman feels supports his complaint; that this communication violates due process and may cause the Task Force to be partial in or taint its decision.

Chair Cauthen said that there is a concern that a seriatim meeting might be called and asked Deputy City Attorney Llorente to respond.

Deputy City Attorney Llorente responded that once a person is a party to an action that ex parte communications should cease because there would be a due process issue; that members would be receiving information from one side, which the other party may not be aware of; that information should be received at the same time so that there is no favoritism or selective provision of information; that the hearing process should be fair and give the appearance of fairness. He recommended that Chair Cauthen and Chair Comstock speak to Mr. Crossman and inform him not to have communications with Members regarding matters that he has filed that are presently before the Task Force.

Chair Cauthen asked Mr. Darby to express his concern to the Chair and the full Task Force at the meeting.

Member Wolfe, asked DCA Llorente how ex parte communications by Task Force members are different from the Board who at times sits as a quasi-judicial body.

Deputy City Attorney Llorente stated that the Task Force is in a different classification because Board Members have multiple roles, which require personal interaction with their constituents. However, when hearing a case Board Members have an obligation to notify other members that this communication has taken place and to disclose what that information is. He said that the Task Forces function is to hear complaints so more caution is needed in how information is received.

Motion to recommend jurisdiction. ( Goldman / Cauthen )

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

4.

06031

Determination of jurisdiction of complaint filed by Cynthia Laird against the Department of Public Health – HIV Prevention Planning Council for alleged failure to allow photographing during its meeting.

Speakers: Cynthia Laird, Complaint; Tracey Packer, Interim Director of HIV Prevention, Department of Public Health

Rick Gerharter, in support of complaint, said that he attended the meeting for the purpose of photographing only and not to participate or speak and asked for a finding of jurisdiction.

Motion to recommend jurisdiction. ( Goldman / Wolfe )

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

5.

06032

Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health – HIV Prevention Planning Council for allegedly changing the agenda, without advance notice

Speakers: None

Continued by agreement of both parties prior to the meeting.

6.

06033

Determination of jurisdiction of complaint filed by Mary McGuire against the Taxi Commission for alleged violation of Section 67.7-1 for failure to provide 72 hours notice of its meeting on the web and not posting the meeting notice outside of the meeting room.

Speakers: Mary McGuire, Complaint; Jordanna Thigpen, Deputy Director, Taxi Commission

Charles Rapp Taxi Driver in support of the Complainant confirmed that there was a lack of notice and urged jurisdiction.

Motion to recommend jurisdiction. ( Wolfe / Goldman )

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

7.

06034

Determination of jurisdiction of complaint filed by Jason Garza against the Department of Public Health-SF General Hospital for alleged denial of records.

Speakers: Jason Garza, Complainant; Bertha Dae, Risk Manager, Department of Public Health

The Administrator informed the Chair that he received an envelope from the department containing documents to give to Mr. Garza but that Mr. Garza refused to accept them.

Chair Cauthen asked Mr. Garza if he was willing to accept the documents and he said that he would. The documents were given to Mr. Garza.

Motion to recommend jurisdiction. ( Goldman / Wolfe )

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

8.

Administrator's Report.

Speakers: None

The Administrator made the report.

9.

Public comment for items not listed on the agenda.

Speakers: Allen Grossman, said that the Mayor is not supportive of Sunshine because it is difficult to get records from the Mayor's Office.

10.

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

Speakers: None