February 13, 2007

Member Goldman Chaired the meeting in the absence of Chair Cauthen.

Acting Chair Goldman expressed a desire to stipulate jurisdiction on item #3 and #9, since jurisdiction was accepted under a prior filing and there is no new information provided by the complainant or respondent. He asked DCA Llorente how the Committee might proceed.

DCA Llorente responded that the Committee could ask the parties if they had any new information and if not the Committee could stipulate jurisdiction.

1.

Approval of minutes of January 9, 2007.

Speakers: Kimo Crossman said that he disagreed with the assertion in the minutes that he is having ex-parte communications or creating a seriatim meeting because he is not a member of the committee; that the Task Force is not a quasi-judicial body but is just a Citizen Advisory Committee.

Motion approving minutes of January 9, 2007. ( Wolfe / Goldman )

Ayes: Chu, Wolfe, Goldman

2.

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: Tracey Packer, Department of Public Health said that a representative of CDC, Walker Chow was introduced and made brief comments but no action was taken. Michael Petrelis, Complainant, said that Mr. Chow should have spoken during the public comment period.

Motion to recommend jurisdiction. ( Chu / Wolfe )

Ayes: Chu, Wolfe, Goldman

Excused: Cauthen

3.

06035

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.

Speakers: Kimo Crossman, Complainant, requested a finding of jurisdiction; Frank Darby, Administrator, Sunshine Ordinance Task Force stipulated to jurisdiction.

Motion to recommend jurisdiction. ( Wolfe / Chu )

Ayes: Chu, Wolfe, Goldman

Excused: Cauthen

4.

07001

Determination of jurisdiction of complaint filed by Debra Ward against the Municipal Transportation Agency for alleged failure to provide records requested.

Speakers: Debra Ward, Complainant, said she was denied a copy of an e-mail that was read to her, which contained no privileged or confidential information; Rumi Ueno, Municipal Transportation Agency, said that Ms. Ward was responded to as a member of the public and the substance of the e-mail would not ordinarily be released to a member of the public.

Motion to recommend jurisdiction. ( Wolfe / Goldman )

Ayes: Chu, Wolfe, Goldman

Excused: Cauthen

5.

07002

Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to allow inspection of the Mayor's Calendar and failure to retain correspondence and calendar information.

Kimo Crossman said that this complaint was originally filed as two separate complaints and asked that it be separated.

The complaint was separated by consensus of the Committee.

Speakers: Kimo Crossman, Complainant requested a finding of jurisdiction; Allen Grossman in support of the complainant said that there is something lost when you try to combine two separate issues. Joe Arellano, Mayor's Office of Communications requested that the complaint be denied.

Motion to recommend jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to allow inspection of the Mayor's Calendar. ( Chu / Cauthen )

Ayes: Cauthen, Chu, Wolfe, Goldman

Speakers: Kimo Crossman, Complainant, requested a finding of jurisdiction; Joe Arellano, Mayor's Office of Communications requested that the complaint be denied.

Allen Grossman said that anything in the working calendar related to the role of the Mayor as a elected official should be kept.

Motion to recommend jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office for alleged failure to retain correspondence and calendar information. ( Wolfe / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

Acting Chair Goldman turned further order of the meeting to Chair Cauthen

6.

07003

Determination of jurisdiction of complaint filed by Steven Lawrence against the Public Utilities Commission for alleged incomplete production of documents and untimely response.

Chair Cauthen asked Mr. Lawrence if he wanted to combine his two complaints (07003 and 07004), but he requested that they remain separate.

Speakers: Steven Lawrence, Complainant said that all of the records requested were not provided; Diane Parker, Public Utilities Commission, asked that this item be tabled so that she can speak with Mr. Lawrence to resolve the matter before going to a full hearing.

Motion to recommend jurisdiction. ( Goldman / Wolfe )

Ayes: Cauthen, Chu, Wolfe, Goldman

7.

07004

Determination of jurisdiction of complaint filed by Steven Lawrence against the Public Utilities Commission for alleged failure to respond to a records request, not minimally redacting and untimely response.

Speakers: Steven Lawrence, Complainant, requested a finding of jurisdiction and said that he has not received a redaction policy; Diane Parker, Public Utilities Commission, said records were provided; that it isn't their intent to delay responding to requests; that she no knowledge of a redaction policy or procedures.

Kimo Crossman alleged that Mr. Lawrence is being mistreated although he is a member of the CAC; that a redaction policy should be in writing.

Chair Cauthen asked Ms. Parker to provide the full Task Force with a copy of their written redaction policy and that someone knowledgeable about the policy should attend the full Task Force hearing to discuss it.

Motion to recommend jurisdiction. ( Goldman / Wolfe )

Ayes: Cauthen, Chu, Wolfe, Goldman

8.

07005

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to respond in a timely manner.

Member Wolfe asked to be recused due to his personal participation and interest in this item.

Motion to recuse Member Wolfe. ( Cauthen / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

Chair Cauthen asked Mr. Crossman if he was willing to combine his two complaints (07005 and 07007). Mr. Crossman agreed to combine the complaints.

Complaint #07005 and 07007 were combined by consensus of the Committee

Speakers: Kimo Crossman, Complainant requested a finding of jurisdiction; Ron Vinson, Department of Telecommunications and Information Services, recommended jurisdiction.

Chair Cauthen asked Mr. Crossman to provide a list of exactly what the issues are.

Motion to recommend jurisdiction filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to respond in a timely manner, failure to provide passive meeting notice, failure to provide records, and not incrementally delivering records. ( Goldman / Cauthen )

Ayes: Cauthen, Chu, Goldman

Recused: Wolfe

9.

07006

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

Motion to stipulate jurisdiction (Goldman / Wolfe)

Allen Grossman, approached the lectern and said that there is new matter on the item that he wanted to address.

Chair Cauthen asked DCA Llorente regarding procedures. DCA Llorente responded that if there is new information the Complainant needed to indicate it, but he is not aware of anything new in the complaint.

Chair Cauthen asked Mr. Crossman to comment.

Kimo Crossman, Complainant, indicated that he submitted examples of redacted e-mails but is aware that Mr. Grossman has new material to submit.

Member Goldman responded that Mr. Crossman is the complainant and not Mr. Grossman.

Member Chu asked Mr. Crossman whether the letter from Mr. Grossman would affect the Committees finding of jurisdiction. Mr. Crossman responded that he wanted Mr. Grossman to present the information.

Member Wolfe asked Mr. Crossman if the matter was a new complaint. Mr. Crossman said no, but that Mr. Grossman submitted relevant information that he feels should be heard.

Member Wolfe asked Mr. Crossman if the letter changes the entire compliant. Mr. Grossman responded that it changes what goes with the complaint.

Member Wolfe asked if it would change how the Committee voted on jurisdiction. Mr. Grossman responded no.

Mr. Grossman said that he didn't want to interfere with the process, but that he wanted to point out that when a document is provided to the Task Force it should be included in the packet.

Member Wolfe asked if the document was something that Mr. Crossman is submitting as part of his complaint. Mr. Grossman responded no.

Member Goldman responded to Mr. Grossman that he is not the Complainant so he cannot amend the complaint. Mr. Grossman responded that he might be out of order as a member of the public. Member Goldman informed Mr. Grossman to speak during public comment.

Chair Cauthen asked Mr. Darby to comment.

Frank Darby, Administrator, Sunshine Ordinance Task Force said that he had no new information and stipulated jurisdiction. He said that Mr. Grossman submitted a document yesterday (700+ words) that questioned the Administrator's response letter to the Task Force, which is not in the packet.

Chair Cauthen explained that the rules indicate that the Complainant files the documents not non-complainants, and asked DCA Llorente for confirmation. DCA Llorente confirmed Chair Cauthen's statement saying that it's the interested parties who should submit the information.

Chair Cauthen informed Mr. Grossman that he could give the letter to Mr. Crossman who can then submit it as part of his complaint.

Mr Crossman asked to provide public comment since he didn't had a chance to comment. Chair Cauthen said that he was not the public but a real party in action, and that he could have a rebuttal.

Kimo Crossman said that he wanted to add Mr. Grossman as a co-complainant; that the letter submitted by the Administrator was written by the City Attorney's Office (CAO) and is a violation of the ordinance. He said that the letter should not be allowed.

Chair Cauthen asked DCA Llorente about the role of the CAO regarding complaints. DCA Llorente responded that the CAO can advise City departments and can provide legal advice to the point of providing information in the form of a letter that can be signed by the department. The Department can not be represented by the CAO before the Task Force hearings but under the charter they have a right to advise departments.

Allen Grossman, in public comment, said that he doesn't dispute that the CAO can advise departments regarding complaint matters, but that the CAO should not advocate for departments. He said that the ghost letter with legal citations written for departments by the CAO is unfair and prejudicial.

Motion to stipulate jurisdiction (Goldman / Wolfe)

Ayes: Cauthen, Chu, Wolfe, Goldman

10.

07007

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged untimely response, failure to provide passive meeting notice, failure to provide records, and not incrementally delivering records.

Previously combined with Item #8.

11.

07008

Determination of jurisdiction of complaint filed by Kimo Crossman against the Public Utilities Commission for alleged failure to provide requested records, untimely response, and official misconduct.

Speakers: Kimo Crossman, Complainant asked for a finding of jurisdiction; Diane Parker, Public Utilities Commission, said that the department does not contest jurisdiction; that they contest the merits of Mr. Crossman's complaint requesting the private, personal e-mail addresses of Commissioners, which are not subject to disclosure.

Motion to recommend jurisdiction. ( Goldman / Cauthen )

Ayes: Cauthen, Chu, Wolfe, Goldman

By agreement of both parties this item will be heard at the March 27, full Task Force meeting.

12.

Administrator's Report.

Speakers: None

The Administrator made the report.

Chair Cauthen asked the Administrator if a formal complaint was filed by Mr. Chaffee. The Administrator said that no complaints had been filed although complaint forms had been sent to Mr. Chaffee three times; that he had filled in the last form and asked Mr. Chaffee to sign indicating that he wanted a hearing.

Kimo Crossman said that he is not happy that the Administrator is combining complaints. He urged the Task Force to ask the Administrator to digitally record the meeting and to post the recording on the web. He asked that Mr. Grossman be listed as a co-complainant on complaint #07006. He's disappointed that Mr. Grossman's letter was not distributed to the members as requested.

Member Cauthen asked DCA Llorente if the complaint could be amended to add the co-complainant. DCA Llorente responded that the matter before the Committee is the Administrators report, and that the matter brought by Mr. Crossman was inappropriate and had already been addressed.

Member Cauthen informed Mr. Crossman that he could withdraw and resubmit the complaint in March to include Mr. Grossman as a co-complainant. Mr. Crossman said he wanted to proceed with the current complaint.

13.

Public comment for items not listed on the agenda.

Speakers: Kimo Crossman said that it's standard for calendars of City officials to show future meetings and not just the Prop G calendar.

Steven Lawrence said that the complaint process is more difficult than it needs to be, that he is unable to contact the Administrator; that the web site has no contact information and does not allow filing on-line.

Member Wolfe informed Mr. Lawrence that complaints can be filed on-line and that contact information is on the web site including the e-mail address.

14.

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

Member Chu asked if the complaint process could be streamlined since most complaints are ordinarily have Task Force jurisdiction.

Chair Cauthen asked that the matter be agendized for the March meeting re: Discussion on how to streamline the complaint process.

Speakers: Kimo Crossman said that it is difficult to come to the meetings but generally finds the process useful.