August 14, 2007

Approval of minutes of July 10, 2007.

Speakers: None

Motion approving minutes of July 10, 2007. (Wolfe /Goldman)

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

4:09 PM – Chair Cauthen noted Deputy Attorney Ernie Llorente was not present and that she would continue the meeting until the attorney's opinion was needed.

Without objection.

07052

Determination of jurisdiction of complaint filed by Allen Grossman and Wayne Lanier against the San Francisco District Attorney's Office for alleged violation of Sunshine Ordinance §§67.21, 67.24, 67.25, 67.26, 67.27, and 67.34 for failure to provide records, to keep withholding to a minimum, to justify withholding and untimely response.

Speakers: Mr. Wayne Lanier, complainant, yielded his allocated time to co-complainant Mr. Allen Grossman. Mr. Grossman outlined his complaint against the District Attorney's Office then requested and was granted the reserve time. Chair Cauthen noted that there was a late reply from Mr. Thomas Bogott of the DA's Office within the documents but Mr. Grossman waived his right to include the letter as a complaint.

Mr. Paul Henderson for the DA's Office said he had come in place of Mr. Bogott who had retired at the end of July 2007. Mr. Henderson also said he was willing to discuss the issues but Member Wolfe cautioned that was not for the committee to do. Chair Cauthen suggested the parties get together later and see if they could reach an agreement.

Mr. Grossman in rebuttal said his and Mr. Lanier's requests date back to June and April and they were attending the hearing for a jurisdictional decision.

Public Comment: Kimo Crossman said if the DA's Office wanted to settle the issue, it could had done so earlier and not wait till today. Mr. Crossman also said the DA's Office was switching people in mid-stream and was a tactic which he had seen used in other City departments.

Chair Cauthen urged all parties to try and sort out the issues.

Motion to recommend jurisdiction. (Wolfe/Goldman)

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

07055

Determination of jurisdiction of complaint filed by Kimo Crossman against the District Attorney for alleged violation of Sunshine Ordinance §67.21 for failure to provide requested records.

Speakers: Complainant Kimo Crossman said he requested a document that identified all records the DA's office kept but was only provided with a record.

Mr. Grossman, in public testimony, urged the committee to find jurisdiction based on what was presented.

Deputy City Attorney Ernie Llorente noted Mr. Crossman needed to clarify more of what he wanted from the DA's Office.

Mr. Henderson of the DA's Office said he also could not determine what the request was about but was willing to meet the parties to solve the issues.

Mr. Crossman directed members to page 63 in the packet and said he had not seen a response that satisfies 67.21c which is information about relevant records including quantity, existence and form.

Chair Cauthen asked Mr. Henderson and he confirmed that he was ready to talk to Mr. Crossman about his complaint.

Member Wolfe noted that Mr. Crossman had not provided the committee with the original request and that there was correspondence in the packet that showed Mr. Frank Darby, the Sunshine Task Force administrator, had tried to contact Mr. Bogott by email and try to mediate the complaint.

Motion to recommend jurisdiction. (Wolfe/Goldman)

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

07056

Determination of jurisdiction of complaint filed by Myrna Lim against the Ethics Commission for alleged violation of Sunshine Ordinance §67.21 for failure to provide requested records.

Chair Cauthen noted that Myrna Lim, the complainant, was considered a friend and did not think it would have an effect on making the jurisdiction decision. She would however speak with the attorney regarding her participation in the full task force.

Speakers: Ms. Lim, citing various rules, regulations and codes, said she was entitled to documents used by the Ethics Commission to find her in technical violation of a law that did not exist during her tenure as a commissioner.

Mr John St. Croix of the Ethics Commission said the commission would not contest jurisdiction if Ms. Lim had requested and denied confidential documents. But if the complaint was about due process, the commission would contest jurisdiction.

Ms. Lim in rebuttal said she wanted documents used to investigate her.

Mr. Llorente, on Member Wolfe's inquiry, said because of Charter limitations and State law, a person under investigation may have to go to court to gain access to the files.

Motion to recommend jurisdiction. (Wolfe/Goldman)

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

Chair Cauthen requested a recess at 5:07 p.m.

The meeting resumed at 5:09 p.m.

07057

Determination of jurisdiction of complaint filed by Jeff Ente against Supervisor Aaron Peskin for alleged incomplete production of documents.

Speakers: Mr. Jeff Ente said he was seeking documents regarding the introduction of an ordinance and was concerned he had not given access to all.

Supervisor Peskin did not send a representative. Chair Cauthen asked the clerk to call his aide David Noyola and tell him that their presence was required at the meeting.

Mr. Ente in rebuttal said he would like to present oral statements to the task force if the committee found jurisdiction.

Motion to recommend jurisdiction. (Wolfe/Goldman)

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

07059

Determination of jurisdiction of complaint filed by Paul Graham against the San Francisco Fire Department for alleged failure to use redaction process to provide comprehensible records.

Speakers: Mr. Paul Graham said the city, under state law, is mandated to have and made available to the public systems that are convenient, efficient and public access that provides transparency in government.

Assistant Deputy Chief Lorrie Kalos said the Fire Department, under the Emergency Medical Services Agency guidelines, is required to respond to an emergency with a particular number of paramedics and resources. The department, she said, is obligated to maintain confidentiality and has provided the requested documents, but cannot provide the billing information on particular individuals because that would compromise privacy.

Pete Howes, Deputy Chief of Emergency Services, advised the committee that the department is mandated to provide the number of paramedics and support staff to complete the protocols to support the medical care of patients.

Mr. Graham said the Health Insurance Portability and Accountability Act's privacy protection for medical records is vulnerable because of a recent Ohio Supreme Court decision.

Deputy Kalos, on Member Wolfe's request, explained how a patient is billed.

Motion to recommend jurisdiction. (Wolfe/Goldman)

Ayes: Cauthen, Wolfe, Goldman

Excused: Chu

Administrators Report

Speakers: None

Public Comment for items not listed on the agenda

Speakers: None

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

Speakers: None