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Approval of minutes of May 9, 2007.
Speakers: None
Motion approving minutes of May 9, 2007. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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Chair Cauthen informed members of the public that public comment will be limited to 2 minutes, due to the large number of complaints, unless the meeting is progressing faster than expected. She informed parties that the purpose of the meeting was to determine whether the Task Force has jurisdiction and to refine the complaints, and that complainants can waive the 45 day requirement and have their complaints heard next month, which would place them at the top of the complaint order.
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07025
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Determination of jurisdiction of complaint filed by John Templeton against the Historical Preservation Fund Committee for alleged failure to provide notice of its meetings.
Speakers: John Templeton, Complainant, said that he agrees with the City Attorney's letter and recommends jurisdiction. Rich Hillis, Respondent, said that he supports jurisdiction.
Motion to recommend jurisdiction ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07028
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Determination of jurisdiction of complaint filed by Dan Hirsch against the Recreation and Parks Department for alleged failure to provide notice of its meetings.
The Administrator informed the chair that complainant, Dan Hirsch, informed him that he could not attend the hearing and had agreed to combine his complaint with complaint #07029 filed by Kelly Satuarno. The Administrator said that he was unable to confirm with Ms. Saturarno whether she agreed to combine her complaint with Mr. Hirsch's.
Chair Cauthen asked the respondents if they agreed to combine the complaints. The Respondents agreed.
By Committee consensus complaints #07028 and 07029 were combined.
Speakers: Respondents: Rose Dennis, said that the meeting of April 11 was a passive meeting and the meeting on April 19 was a Commission meeting for which notice was given. Dennis Kern, said that he believed that the meetings were properly noticed, and that the parties had completed the sign-in sheet.
Kimo Crossman, questioned the purpose for the sign-in sheet. He said that people complete the sign-in sheet because they want to receive notice of future meetings.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07029
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Determination of jurisdiction of complaint filed by Kelly Satuarno against the Recreation and Parks Department for alleged failure to post the agenda of the April 19, 2007, 72 hours prior to the meeting.
Previously consolidated with complaint #07028.
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07030
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Determination of jurisdiction of complaint filed by Michael Petrelis against the Department of Public Health for alleged failure to provided copies of public records requested.
Speakers: Michael Petrelis, Complainant, said that he requested documents for December 2006, but did not get them. He said that calendar information and e-mails must be kept. Eileen Shields, Respondent, said that she does not dispute jurisdiction.
Kimo Crossman said that he supports jurisdiction.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07031
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Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the Department of Public Health for alleged violation of § 67.24 and 67.34 of the Ordinance for failure to provide copies of digital audio recordings of its meetings.
Speakers: Patrick Monette-Shaw, asked that the DCA's Jurisdictional Letter be amended to show that the complaint is against the Transition Steering Committee (TSC).
Chair Cauthen asked DCA Llorente about the TSC. DCA Llorente responded that if the TSC is a passive meeting body it is within the jurisdiction of the Task Force.
Robert Thompson, Respondent, Laguna Honda Hospital, said that he doesn't contest jurisdiction, but denies the allegations.
Chair Cauthen asked Mr. Shaw if he was also complaining about the erased audio tapes.
Mr. Shaw, in rebuttal, said that the erased tapes are not germane to his complaint, but that the records were not provided after they were made and requested.
Kimo Crossman, said that the Task Force should discuss the alteration of the material, and recommended that the right people appear at the hearing to explain who erased the tapes.
Chair Cauthen asked Mr. Thompson if a knowledgeable person would appear at the full Task Force hearing, and requested a copy of the department's Records Retention Policy. Mr. Thompson responded that a knowledgeable person will attend the meeting and a copy of their policy will be provided.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07032
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Determination of jurisdiction of complaint filed by James Chaffee against the San Francisco Public Library Commission for alleged violation of § 67.25, 67.16 and 67.21 of the Ordinance for failure to respond to an Immediate Disclosure Request in a timely fashion, failure to provide the requested information, and failure to provide assistance.
Chair Cauthen informed Members that she knows Mr. Chaffee from her work with the Library. She asked the Administrator to explain how this complaint became agendized.
The Administrator said that Mr. Chaffee wrote Chair Comstock outlining alleged Sunshine violations by the San Francisco library. That Mr. Chaffee was sent several letters inquiring as whether he wanted a hearing before the Task Force, but Mr. Chaffee did not respond. The Administrator said that after reading an e-mail blog written by Mr. Chaffee that was critical of the Task Force for not addressing his complaints, he assumed that Mr. Chaffee wanted a hearing; so he scheduled a hearing and notified Mr. Chaffee.
Member Comstock recommended that complaint #07032 and 07033 be continued to the call of the Chair.
By Committee consensus, complaints #07032 and 07033 were continued to the call of the Chair.
Speakers: Kimo Crossman, said that his impression is that Mr. Chaffee does not want to or feel that he needs to attend the hearing in order for the Task Force to investigate the matter.
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07033
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Determination of jurisdiction of complaint filed by James Chaffee against the San Francisco Public Library Commission for alleged violation of § 67.12(b)(4), and 67.15 of the Ordinance for failure to disclose its roll call vote of the March 2, 2007, closed session and failure to provide for public comment on this agenda item at its March 15, 2007, meeting.
Previously continued to the call of the Chair.
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07034
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Determination of jurisdiction of complaint filed by Peter Warfield for the Library Users Association against the Sunshine Ordinance Task Force Administrator for alleged violation of §67.21(c) of the Ordinance for failure to respond to a request for assistance within seven days.
The Administrator informed the chair that complainant, Peter Warfield, informed him that he could not attend the hearing, but asked that the Committee consider his complaints.
Chair Cauthen said that this complaint was identical to complaint #07035 and asked members if they should be combined.
Motion to combine complaint #07034 and 07035. (Comstock / Goldman)
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
Speakers: Frank Darby, Respondent, said that he does not object to jurisdiction.
Kimo Crossman, said that he does not believe that Mr. Warfield would agree to combining the complaints, and that he would want to be given 10 minutes to address his complaint at the full Task Force and 6 minutes for rebuttal.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07035
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Determination of jurisdiction of complaint filed by Peter Warfield for the Library Users Association against the Clerk of the Board of Supervisors for alleged violation of §67.21(c) and, possibly, §67.29-7 of the Ordinance for failure to respond to a request for assistance within seven days and possibly insufficient response.
Previously combined with complaint #07034.
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07036
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Determination of jurisdiction of complaint filed by Peter Warfield for the Library Users Association against the City Attorney's Office for alleged violation of §67.25 of the Ordinance for failure to respond to an Immediate Disclosure Request in a timely manner.
Chair Cauthen asked members if this complaint and complaint #07035 should be combined.
By Committee consensus, the complaints were not combined.
Speakers: DCA Matt Dorsey, Respondent, said that he does not object to jurisdiction. He apologized for not handling the matter timely and submitting a late response. He said that he doesn't know why the response is incomplete and is willing to work with Mr. Warfield to resolve the matter.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07037
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Determination of jurisdiction of complaint filed by Peter Warfield for the Library Users Association against the City Attorney's Office for alleged violation of §67.21(c) of the Ordinance for failure to respond to a request for assistance within seven days.
Speakers: DCA Matt Dorsey, Respondent, said that he does not object to jurisdiction. He apologized for not responding and said that he doesn't understand what is incomplete and is willing to work with Mr. Warfield to resolve the matter.
Kimo Crossman, said that it is unfair that the City Attorney is willing to meet with Mr. Warfield, but is delaying responding to his request for assistance. He said that this is unfair to all members of the public.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07038
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Determination of jurisdiction of complaint filed Anonymous Person against the Entertainment Commission for alleged failure to provide requested records.
The Administrator informed the Committee that the Anonymous Person requested an ADA accommodation that requires that the Complainant provide testimony via telephone.
Speakers: Anonymous Person, Complainant, via telephone, asked the Committee to recommend jurisdiction on his complaint. Bob David, Respondent, said that he does not object to jurisdiction. He said that the department responded immediately to the request and requested a 5-day extension because parts of the documents required redaction.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07039
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Determination of jurisdiction of complaint filed Paul Graham against the Department of Public Health for alleged failure to respond to a request or to provide requested records.
Speakers: Paul Graham, Complainant, asked if he could amend his complaint to include his additional request for toxic waste inspection and noise reports that were not provided. He said that he did not get the results expected.
Chair Cauthen informed Mr. Graham that he could withdraw his complaint and file a new complaint.
Member Comstock informed Mr. Graham that by withdrawing and filing a new complaint that his matter would not be heard for a month.
DCA Llorente said that the Complainant can move forward on the current complaint and file a new complaint on the other matters.
Tom Rivard, Respondend said that he does not dispute jurisdiction.
Chair Cauthen asked Mr. Rivard to work with Mr. Graham to resolve his other matters, which may avoid the filing of another complaint.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07040
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Determination of jurisdiction of complaint filed by Dr. Ahimsa Porter Sumchai against Supervisor Sophie Maxwell for allegedly interrupting and delaying public comment.
Chair Cauthen asked Dr. Sumchai and Francisco Da Costa if they would willing to combine their complaints (07040 & 07042) due to their similarities. Dr. Sumchai agreed to combine the complaints. Francisco Da Costa did not agree to combine the complaints.
Speakers: Dr. Ahimsa Sumchai, Complainant, cited §67.15(d) of the Ordinance against prohibiting public criticism. She said that Supervisor Maxwell delays her from providing public comment until later in the meeting although she is the first to submit a speaker-card and that the Supervisor also interrupts speakers who offer criticism during public comment. Katherine Higgins, Aide to Supervisor Maxwell, said that she does not object to jurisdiction. She said that clarity is needed as to which meeting the complaint pertains to.
Dr. Sumchai, in rebuttal, said that a CD will be shown for the May 7, 2007, meeting of the Land Use Committee, which shows the violation. She said that the April 16, 2007, meeting also substantiates her complaint.
Kimo Crossman, said that there is a similar pattern of behavior, which also occurred at yesterdays BOS committee meeting, which restricts freedom of speech. He said that Supervisor Maxwell should appear in person at the full Task Force meeting.
Chair Cauthen requested that Ms. Higgins ask Supervisor Maxwell to be present at the full Task Force Meeting.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
Chair Cauthen asked the Administrator to notify Media Services that a projector and screen will be needed for the full Task Force meeting.
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07041
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Determination of jurisdiction of complaint filed by Ming Lee against the Department on the Status of Woman for alleged failure to respond to an Immediate Disclosure Request.
The Administrator informed the Chair that Ms. Lee called to say that she could not attend the meeting until approximately 6:30 p.m.
Chair Cauthen, by Committee consensus, said that the committee will hear the matter, and if Ms. Lee arrives before the end of the meeting she will allow her to testify.
Speakers: Cynthia Vasquez, Respondent, said that the Task Force does not have jurisdiction. She said that she responded to Ms. Lee's IDR within 24 hours, and that she was not aware of the second IDR that was sent to Dr. Murase, but submitted a response immediately after she became aware of it.
Kimo Crossman, said that every hearing regarding the Complainant is contentious and suggested that the Committee continue the matter until Ms. Lee can appear and explain her complaint.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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07042
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Determination of jurisdiction of complaint filed by Francisco Da Costa against Supervisor Sophie Maxwell for allegedly delaying his public comment.
Speakers: Francisco Da Costa, Complainant, said that he has two issues: 1) A right to speak as set forth under the Brown Act and the Sunshine Ordinance, and 2) Intimidation – the Chair is not following certain processes. Katherine Higgins, Aide to Supervisor Maxwell, said that she does not object to jurisdiction. She said that the allegation that violations have occurred at other Land Use Committees is too broad, and needs the exact meeting dates being alleged.
Mr. Da Costa, in rebuttal, said that there was a violation at the May 7, 2007, meeting. He said that the Supervisor regularly reduces his time and moves his speaking time to the end of the meeting.
Chair Cauthen asked Mr. Da Costa if he could meet with Ms. Higgins to possibly resolve the issue. Mr. Da Costa responded that it is difficult to speak with Ms. Higgins because she's new to the Board and doesn't know the history; that he would need a 2-hour meeting with her so that he could bring her up to speed.
Chair Cauthen said that proof is needed to show that there is a pattern.
Member Comstock said that specific instances are needed.
Kimo Crossman, said that the Task Force can find that there is a pattern of bad behavior; that proof can be provided by public testimony. He said that if a video is provided more time will be needed to show it and external speakers will be needed for improve the sound.
Dr. Sumchai, said that there is a delegation of media who appear at the start of the meeting and that Supervisor Maxwell calls up speakers who are favorable to her, such as Alex Landsburg. She said that there are others whose rights are violated.
Motion to recommend jurisdiction. ( Goldman / Comstock )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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Discussion re: Whether to change the time/specify a time allowed for parties to receive documents associated with a complaint.
Previously continued.
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Discussion: Review of the procedures for Order of Determinations.
Chair Cauthen asked the Administrator for an explanation of this item. The Administrator said that Chair Cauthen asked the Administrator to agendize this item at the last full Task Force meeting after Louis Dillon complained that he did not get a follow-up hearing before the Compliance and Amendments Committee after receiving an Order of Determination (OD).
Speakers: Kimo Crossman, said that he agreed with the motion that all Order of Determinations go before the Compliance and Amendments Committee for review, and that departments are required to respond to OD's 5 days after it has been issued. He said that copies of referrals to other entities should be made available to complainants.
Member Comstock, said that he is holding up the DTIS referral because he is creating an outline of the events that occurred and doesn't want the Ethics Commission to be confused.
Chair Cauthen commended Member Comstock on his efforts because she also found it hard to determine what was new and what was reoccurring.
Kimo Crossman, said that he would be happy to provide input on the draft.
Motion recommending that all Order of Determinations go to the Compliance and Amendments Committee for review. ( Comstock / Cauthen )
Ayes: Cauthen, Goldman, Comstock
Absent: Wolfe
Excused Absent: Chu
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Administrator's Report.
The Administrator made the report.
Speakers: Kimo Crossman asked what the motion was for item #19. Member Goldman responded that all OD's would go before the CAC.
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Public comment for items not listed on the agenda.
Speakers: Kimo Crossman asked the Committee to continue item #18. Chair Cauthen responded that item #18 had already been continued.
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Announcements, questions, and future agenda items from Committee members.
Speakers: Kimo Crossman, asked that the Task Force agendize a discussion regarding the language in the Complaint Procedures that allows the City Attorney's Office to assist departments with their response. He recommends that the language be removed.
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