| 1. |
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Approval of minutes of March 13, 2007.
Speakers: None
Motion approving minutes of March 13, 2007. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Absent: Wolfe
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| 2. |
07015
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Determination of jurisdiction of complaint filed by Ming Lee against La Casa De Las Madres and the Department on the Status of Women for alleged failure to produce a service agreement in violation of Section 12L of the City Administrative Code.
Speakers: Ming Lee, Complainant, said that she did not get the records requested. Respondents: Emily Murase, Exec. Dir., DOSW, said that she supports DCA Llorente's findings for no jurisdiction. She said that she did not receive a complaint pursuant to 12L.5 (b) and requested a continuance; Kathy Black, Exec. Dir. of La Casa, said that she does not have the document being requested and supports the DCA's findings for no jurisdiction.
Ms. Lee in rebuttal said that she does not agree to continue this matter.
Peter Warfield questioned whether the April 1, date on the DCA's Jurisdictional letter is accurate, and noted the use of the complainant's full name throughout the letter. He said that the DCA should have carbon copied the complainants when the letter was sent to the Administrator.
Kimo Crossman said that the complainant is at a disadvantage because the DCA's Jurisdictional letter is written too close to the deadline.
Motion to recommend jurisdiction. ( Wolfe / Cauthen )
Ayes: Cauthen, Wolfe
Noes: Chu, Goldman
Motion failed.
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| 3. |
07016
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Determination of jurisdiction of complaint filed by Ming Lee against Mary Elizabeth Inn and the Department on the Status of Women for alleged failure to allow inspection of documents and incomplete production of documents in violation of Section 12L of the City Administrative Code.
Speakers: Ming Lee, Complainant, said that she was not given the documents that she requested. Respondents: Amanda Heier, Exec. Dir., MEI, said that she responded in writing and provided the documents requested to Ms. Lee; Emily Murase, Exec. Dir., DOSW, said that she was not informed of this complaint as required pursuant to 12L.5 (b) and requested a continuance.
Ms. Lee in rebuttal said that she does not agree to continue this matter.
Motion to recommend jurisdiction of complaint filed by Ming Lee against Mary Elizabeth Inn and the Department on the Status of Women for alleged failure to respond in a timely manner, failure to allow inspection of documents and incomplete production of documents in violation of Section 12L of the City Administrative Code. ( Goldman / Wolfe )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 4. |
07017
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Determination of jurisdiction of complaint filed by Anthony Faber against West SOMA Citizens Planning Task Force Arts and Entertainment Focus Group for alleged failure to allow access to the March 9, 2007 meeting.
Speakers: Anthony Faber, Complainant, said that the matter has been resolved and withdrew the complaint.
Complaint withdrawn.
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| 5. |
07018
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Determination of jurisdiction of complaint filed by Peter Warfield against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for allegedly overcharging for agenda packets.
Speakers: Peter Warfield, Complainant, said that he agrees with the jurisdictional letter and requested his name be replaced with Library Users Association on the agenda and the jurisdictional letter. Frank Darby, SOTF Administrator said that the complaint is without merit; however, he supports jurisdiction.
Peter Warfield, in rebuttal, said that the Administrator should explain the reason for overcharging him. He asked that the Administrator not be allowed to handle this complaint since he is a party to the complaint.
Kimo Crossman said that someone in the Clerk's office other than Mr. Darby should process this complaint, because there is a conflict.
Member Wolfe suggested that the Administrator not be allowed to process the complaint due to the appearance of a conflict.
Chair Cauthen said that Mr. Darby is a person of integrity who has processed complaints against him and the COB in the past; that since the COB is a party no one in the office of the COB could process the complaint.
The Committee, by consensus, agreed to ask the COB to assign another person in the office to process this complaint.
Motion to recommend jurisdiction of complaint filed by Peter Warfield, on behalf of the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for allegedly overcharging for agenda packets. ( Wolfe / Goldman )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 6. |
07019
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Determination of jurisdiction of complaint filed by Andrew Sisneros against the Municipal Transportation Agency-Muni Kirkland Division for alleged failure to allow inspection of his personnel file.
Speakers: Andrew Sisneros, Complainant, said that he was not allowed to view his personnel file as requested. Respondent: Rumi Ueno, Employee Relations Manager, said that they attempted to schedule an appointment for Mr. Sisneros to review his file but he asked to reschedule because he wanted his union representative present.
Mr. Sisneros in rebuttal said that he wants his union representative present; that he may withdraw the complaint after he reviews and is satisfied with the contents in his file. With Mr. Sisneros' agreement, the Committee added "untimely response" to the complaint.
Peter Warfield alleged that the DCA's Jurisdictional letter is untimely, and alleged that the lateness of the letter is a disadvantage to the complainant.
Motion to recommend jurisdiction of complaint filed by Andrew Sisneros against the Municipal Transportation Agency-Muni Kirkland Division for alleged failure to allow inspection of his personnel file, and untimely response. ( Goldman / Chu )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 7. |
07020
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Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged failure to post meeting notices and minutes, and denial of request to be added to their e-mail distribution list for agenda notices.
Speakers: Patrick Monette-Shaw, Complainant, said that he has not received any minutes as requested. He asked that the Task Force find a violation for not providing minutes and a finding that the body is a passive meeting body. Respondent: Larry Funk, Associate Administrator, said that he does not contest jurisdiction.
Peter Warfield, questioned why the DCA's Jurisdicitonal letter wasn't done until April although the complaint was filed in early March. He alleged that the lateness of the letter is a disadvantage to the complainant
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 8. |
07021
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged refusal to provide public records in original electronic format on the City web site.
Speakers: Kimo Crossman, Complainant asked that the Administrator not be allowed to handle this complaint since he is a party to the complaint. Frank Darby, SOTF Administrator said that he does not contest jurisdiction.
Peter Warfield questioned why the DCA's Jurisdicitonal letter wasn't done until April and that a copy was not sent to the complainant. He alleged that the lateness of the letter is a disadvantage to the complainant
Kimo Crossman in rebuttal stated that he does not understand why the COB did not contest jurisdiction when they believe they are not in violation.
The Committee, by consensus, agreed to ask the COB to assign another person in the office to process this complaint.
Motion to recommend jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 9. |
07022
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Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney's Office for alleged failure to provide the supplemental report for the 2006 Supervisor of Records Report.
Speakers: Kimo Crossman, Complainant, said that he doesn't appreciate having to file the complaint on behalf of the Task Force and urged jurisdiction. Respondent: Dorji Roberts, Deputy City Attorney, said that he does not contest jurisdiction.
Peter Warfield alleged that the DCA's Jurisdictional letter is untimely, and alleged that the lateness of the letter is a disadvantage to the complainant. He said that the complainant should have been carbon copied when the letter was sent to the Administrator.
Motion to recommend jurisdiction. ( Wolfe / Goldman )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 10. |
07023
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Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for alleged failure to provide a complaint log as directed by the Task Force and failure to provide e-mails related to position in Earthlink negotiations.
Member Wolfe indicated that he needed to be recused on this item.
Motion to recuse Member Wolfe. ( Goldman / Chu )
Ayes: Cauthen, Chu, Wolfe, Goldman
Speakers: Kimo Crossman, Complainant, said that DTIS has not provided e-mails or a complaint log. Respondent: Ron Vinson, DTIS, said that this complaint is a repeat of prior complaints that the Task Force has heard and he has already responded to.
Chair Cauthen asked DCA Llorente to respond regarding the possibility that this is a repeat complaint.
DCA Llorente responded that if the complaint is an overlap, it may be wise to refer it to the Compliance and Amendments Committee (CAC).
Chair Cauthen entertained a motion to refer this matter to the Compliance and Amendments Committee. There was no motion.
Kimo Crossman, in rebuttal, said that this is a new complaint and wants a finding of jurisdiction.
Peter Warfield, alleged that the DCA's Jurisdictional letter was not sent timely by the Administrator, and alleged that the lateness of the letter is a disadvantage to the complainant. He said that the complainant should have been carbon copied when the letter was sent to the Administrator.
Chair Cauthen asked DCA Llorente to comment regarding the completion of his Jurisdictional letters. DCA Llorente said that the earliest that he can submit his jurisdictional letters is the Monday before the packet goes out on Wednesdays.
Chair Cauthen asked the Administrator when he sends out the Jurisdictional letters. The Administrator said that the letters go out in the e-mailed reminder regarding the meeting.
Chair Cauthen asked DCA Llorente to do his best to complete the Jurisdictional letters as soon as possible.
Chair Cauthen asked Task Force Member Richard Knee, to comment on whether the Complaint Committee should refer this complaint to the Compliance and Amendments Committee. Richard Knee, said that the complaint should be treated as a new complaint.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Recused: Wolfe
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| 11. |
07024
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Determination of jurisdiction of complaint filed by Peter Warfield against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged violation of Section 67.21 (c) for failure to respond to a request for assistance in a timely manner.
Speakers: Peter Warfield, Complainant said that he agrees with the jurisdictional letter and requested that his name be replaced with Library Users Association. Frank Darby, SOTF Administrator said that he does not contest jurisdiction.
Peter Warfield in rebuttal requested a fuller answer from Mr. Darby regarding the non-response and defective response to this request.
Kimo Crossman recommended that the Clerk's office provide someone besides the Administrator to process this complaint, and that the DCA be urged to provide the Jurisdictional letters to complainants as soon as he completes them.
The Committee, by consensus, agreed to ask the COB to assign another person in the office to process this complaint.
Motion to recommend jurisdiction of complaint filed by Peter Warfield, on behalf of the Library Users Association, against the Sunshine Ordinance Task Force Administrator and the Clerk of the Board for alleged violation of Section 67.21 (c) for late, incomplete, and possibly no response to a request for assistance. ( Goldman / Wolfe )
Ayes: Cauthen, Chu, Wolfe, Goldman
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| 12. |
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Administrator's Report.
The Administrator made the report.
Speakers: Peter Warfield said that the log should reflect that complaint #07018 and 07024 are from the Library Users Association.
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| 13. |
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Public comment for items not listed on the agenda.
Speakers: None
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| 14. |
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Announcements, questions, and future agenda items from Committee members.
Speakers: None
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