July 10, 2007

4:10 PM – Chair Cauthen informed the public and parties to the complaints that the meeting would start once there was a quorum.

4:25 PM – Chair Cauthen asked for a show of hands from parties to the complaints, as to whether they were willing to continue waiting. By a showing of hands all parties agreed to wait for a quorum.

4:42 PM Member Wolfe arrived.

Member Chu informed the Committee that she would not be present for the August 14, 2007, meeting.

Chair Cauthen asked the Administrator to inform Chair Comstock that there may be a need to have another member assigned for that meeting.

1.

Approval of minutes of June 12, 2007.

Speakers: None

Motion approving minutes of June 12, 2007. ( Wolf / Cauthen )

Ayes: Cauthen, Chu, Wolfe

Excused Absent: Goldman

2.

07043

Determination of jurisdiction of complaint filed by Anonymous Person against the Entertainment Commission for alleged failure to produce documents.

Speakers: Anonymous Person, Complainant, via phone said that he agreed with the City Attorney's recommendation on jurisdiction. Bob Davis, Respondent, said that the department does not contest jurisdiction of the complaint and asked that all three complaints (07038, 07043, & 07044) filed by Anonymous Person be combined.

Chair Cauthen asked the Anonymous Person if he agreed to combine the complaints. Anonymous Person agreed to combine the complaints.

Chair Cauthen asked Anonymous Person to specify for the full Task Force the meetings for which background information was requested, and to specify what documents were requested. She asked Mr. Davis to inform the complainant that the decision regarding Halloween is not the sole decision of the Entertainment Commission, but is done jointly with the Mayor and other interested Departments.

Kimo Crossman expressed dissatisfaction with the way the complainant's anonymity was handled.

Motion to recommend jurisdiction and to combine complaint numbers 07038, 07043, and 07044. ( Chu / Cauthen )

Ayes: Cauthen, Chu, Wolfe

Excused Absent: Goldman

3.

07044

Determination of jurisdiction of complaint filed by Anonymous Person against the Entertainment Commission for alleged failure to release information

Previous combined with item #2, complaint #07043.

4.

07045

Determination of jurisdiction of complaint filed by Patrick Monette-Shaw against the San Francisco Health Commission for violation of Sunshine Ordinance §§67.7(a) and (b), and 67.34 for alleged failure to provide adequate public notice of its May 15, 2007, agenda.

Speakers: Patrick Monette-Shaw, Complainant, said that the agenda was not clear and that explanatory documents were distributed at the meeting and not prior. He played a portion audio tapes of the meeting in support of his complaint and handed out a summary of proceedings. He said that a pending change in leadership was not properly noticed. Michele Seaton, Respondent, said that the department does not contest jurisdiction of the complaint.

Kimo Crossman commended Mr. Shaw on the detail of his complaint and urged the Committee to accept jurisdiction.

Member Wolfe asked Ms. Seaton if documents were distributed at the meeting.

Mr. Seaton responded that the Strategic Plan and updates, Rules of Order, and other background documents were distributed at the meeting.

Motion to recommend jurisdiction. ( Chu / Wolfe )

Ayes: Cauthen, Chu, Wolfe

Excused Absent: Goldman

5.

07046

Determination of jurisdiction of complaint filed by Kimo Crossman against the City Attorney for violation of Sunshine Ordinance §§67.4, and 67.29-5 for alleged failure to post notice of passive meetings on the website.

Continued prior to the meeting by the complainant.

6.

07047

Determination of jurisdiction of complaint filed by Kimo Crossman against the Mayor for violation of Sunshine Ordinance §§67.4, and 67.29-5 for alleged failure to post notice of passive meetings on the website.

Continued prior to the meeting by the complainant.

7.

07048

Determination of jurisdiction of complaint filed by Kimo Crossman against the Sheriff for violation of Sunshine Ordinance §§67.4, and 67.29-5 for alleged failure to post notice of passive meetings on the website.

Continued prior to the meeting by the complainant.

8.

07049

Determination of jurisdiction of complaint filed by Kimo Crossman against the Department of Telecommunications and Information Services for violation of Sunshine Ordinance §§67.4, and 67.29-5 for alleged failure to post notice of passive meetings on the website.

Continued prior to the meeting by the complainant.

9.

07050

Determination of jurisdiction of complaint filed by Kimo Crossman against the Public Utilities Commission for violation of Sunshine Ordinance §§67.4, and 67.29-5 for alleged failure to post notice of passive meetings on the website.

Continued prior to the meeting by the complainant.

10.

07051

Determination of jurisdiction of complaint filed by Kimo Crossman against the Clerk of the Board of Supervisors for violation of Sunshine Ordinance §§67.4, and 67.29-5 for alleged failure to post notice of passive meetings on the website.

Continued prior to the meeting by the complainant.

11.

Continued Discussion re: Whether to change the time/specify a time allowed for parties to receive documents associated with a complaint.

Chair Cauthen asked the Administrator if the City Attorney's Office (CAO) and the Department of Telecommunications and Information Services (DTIS) had responded to this matter. The Administrator reported that the two Departments felt that reducing their response time to three days would make it more difficult for them to respond, since they must often get clarity on the complaint and then consult with parties before they can draft a response. The Administrator said that the Clerk of the Board's office agrees with CAO and DTIS that reducing the response time would not allow departments enough time to complete research or consult with the City Attorney's Office.

Speakers: Kimo Crossman said that departments are not responding in five days as required, and that if they did the matter would be resolved. He said that procedures are not being enforced, and that there is no ability to provide a written response to the record in a way that will be historically preserved.

Chair Cauthen asked DCA Llorente regarding the matter. DCA Llorente responded that applicants could submit documents as part of the record to the Administrator.

Member Wolfe, suggested that if a response is not received in five days that it not be included in the packet.

Member Chu suggested that the enforcement of Section C of the Complaint Procedure would resolve the matter.

Members agreed to direct respondents to Section C of the Complaint Procedures and advise them that it will be enforced and that documents submitted after the five day deadline will not be included in the Committee packet.

12.

Administrator's Report.

The Administrator made the report.

Speakers: None.

13.

Public comment for items not listed on the agenda.

Speakers: Kimo Crossman expressed his dissatisfaction with the way Members telephone conversations with the complainant were handled.

14.

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

Speakers: None