March 13, 2007

1.

Approval of minutes of February 13, 2007.

Speakers: None

Motion approving minutes of February 13, 2007. ( Goldman / Chu )

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

2.

07009

Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office of Communications for alleged failure to provide requested emails and email addresses, failure to provide information incrementally and official misconduct.

Speakers: Kimo Crossman, Complainant said that the Mayor's office did not provide the requested records and urged the Committee to find jurisdiction. He withdrew official misconduct from the complaint and asked that the Mayors Office of Neighborhood services be added as a respondent. Joe Arellano, Mayor's Office of Communications, said that he had filed an extension of time to respond and that the records were provided in an Excel spread sheet. He said that e-mailed invitations had already been purged.

Member Cauthen asked the Mr. Arellano to bring the Mayor's Office records retention schedule to the full Task Force meeting.

Motion to recommend jurisdiction of complaint filed by Kimo Crossman against the Mayor's Office of Communications for alleged failure to provide requested emails and email addresses, and failure to provide information incrementally. ( Goldman / Chu )

Ayes: Cauthen, Chu, Goldman

Absent: Wolfe

3.

07010

Determination of jurisdiction of complaint filed by Allen Grossman against the City Attorney's Office for alleged failure to respond in a timely manner, failure to provide records requested in original electronic format (MS Word), and failure to provide an exact copy of the records requested.

Allen Grossman asked for DCA Llorente's recusal since he works for the City Attorney.

Chair Cauthen asked DCA Llorente for a response. DCA Llorente said that he was informed by DCA Chad Jacob's that there is no basis for his recusal since he is not a member of the Task Force, does not vote and has no financial, or person conflict with the complaint.

Chair Cauthen said that she found no reason to recuse DCA Llorente.

Speakers: Allen Grossman, Complainant said that he wants to review the original document requested on a computer in the City Attorney's Office so that he can compare it with the document that he received. DCA Matt Dorsey, City Attorney's Office said that he supports jurisdiction and is renewing his offer to Mr. Grossman to meet with him to resolve the matter.

Chair Cauthen asked Mr. Grossman if he was willing to meet with Mr. Dorsey to try to resolve the matter. Mr. Grossman replied that he would work with Mr. Dorsey.

Kimo Crossman said that the City Attorney was recused in the past due to a conflict of interest when an attorney from San Mateo replaced DCA Jackie Minor at a Task Force hearing.

Motion to recommend jurisdiction. ( Goldman / Chu )

Ayes: Cauthen, Chu, Wolfe, Goldman

4.

07011

Determination of jurisdiction of complaint filed by Kimo Crossman against the Sheriff's Office for alleged failure to provide video records requested.

Kimo Crossman, Complainant, asked if the matter could be postponed because he said that he (during today's hearing) asked to review Mr. Harrigan's written testimony but he refused to provide it.

Chair Cauthen informed Mr. Crossman that Mr. Harrigan's personal notes are work product and that he does not have to provide it.

Speakers: Kimo Crossman, Complainant, urged the Committee to recommend jurisdiction because the department refused to provide a video of a meeting. Jim Harrigan, Sheriff's Office, said that he is not contesting jurisdiction. He said that Mr. Crossman harassed him while he was trying to listen to previous proceedings; that Mr. Crossman's behavior was unprofessional.

Motion to recommend jurisdiction. ( Wolfe / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

5.

07012

Determination of jurisdiction of complaint filed by Dave Tognotti against the Office of Supervisor Jake McGoldrick for alleged failure to comply with an Immediate Disclosure Request and failure to provide information requested.

Speakers: None

Complaint withdrawn prior to the meeting.

6.

07013

Determination of jurisdiction of complaint filed by Adam Aufdencamp against the Mayor's Office of Communications for alleged failure to respond to an Immediate Disclosure Request.

Speakers: Joe Arellano, Mayor's Office Of Communications, said that he has the records to give to the Complainant; that the delay is due to Mr. Aufdencamp's request going to the wrong person and that they were looking for the wrong documents.

Chair Cauthen asked the Administrator to inform Mr. Aufdencamp that the Mayor's office has the documents that he requested.

Motion to recommend jurisdiction. ( Wolfe / Chu )

Ayes: Cauthen, Chu, Wolfe, Goldman

7.

Discussion re: How to streamline the complaint process.

Member Chu suggested that the Committee streamline the hearing process by relying on DCA Llorente's letter to clarify the complaints with the parties. She said that parties can be asked if they agree with the findings in the DCA's Jurisdictional Letter. If so the Committee can simply vote on jurisdiction after public comment; however, if a party does not agree then s/he can provide testimony to clarify the complaint or to support/oppose jurisdiction.

Member Wolfe said that since the Complainant filed the complaint it should be clear that they supports jurisdiction, so only the respondent needs to address the matter of jurisdiction.

Chair Cauthen said that the Committee should still try to help parties resolve the matter and instruct parties to provide documents/information that would help the Task Force with their determination.

Speakers: Kimo Crossman said that no action could be taken since it is not defined. He suggested that attendance by complainants be optional if DCA Llorente determines jurisdiction. Allen Grossman said that if DCA Llorente's jurisdictional letter is used is should be available long before it goes to the Task Force so that the Complainants can review the facts and issues.

By consensus of the Committee a motion will be drafted by Chair Cauthen and DCA Llorente for consideration by the Committee at next month's meeting.

The Administrator reported that the Rules Committee is requesting that the Complaint Committee allow him to correct formatting errors identified in the Complaint Procedures.

Motion authorizing the Administrator to make technical changes to the formatting of the subsections in the complaint procedures. ( Chu / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

8.

Administrator's Report.

The Administrator made the report.

Chair Cauthen, by consensus of the Committee, authorized the Administrator to make technical changes to the complaint procedures to clearly identify the formatting of the subsections.

Motion authorizing the Administrator to make technical changes to the formatting of the subsections in the complaint procedures.
( Chu / Goldman )

Ayes: Cauthen, Chu, Wolfe, Goldman

Speakers: Kimo Crossman encouraged digital recordings be made of meetings and posted on the internet.

9.

Public comment for items not listed on the agenda.

Speakers: Mr. Grossman requested a written copy of the opinion provided to DCA Llorente explaining the reason why he does not need to be recused and the issue of a conflict of interest.

Chair Cauthen asked DCA Llorente for a response. DCA Llorente said that he doesn't have a written opinion and that Mr. Crossman can contact DCA Chad Jacobs to find out if there is a written opinion. He said that he could provide Mr. Grossman with copies of the cases that he cited.

Kimo Crossman said he wants to see the written opinion by DCA Chad Jacobs regarding recusal and conflict of interest; that an explanation as to why a similar matter of recusal was not cited regarding Jackie Minor be provided.

10.

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

Speakers: None