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1.
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Approval of minutes of August 14, 2007.
Speakers: None
Motion approving minutes of August 14, 2007. ( Wolfe / Goldman )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
Member Wolfe proposed that the committee acknowledge that Member Chu would be excused for the whole meeting. There was no objection.
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2.
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07060
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Determination of jurisdiction of complaint filed by Alex Clark against the Public Utilities Commission for alleged failure to provide requested records and failure to provide written justification for withholding of the records.
Speakers: Alex Clark, Complainant, said although he has received 25,000 documents that he has not reviewed, the department has not responded to his May 21, 2007 Immediate Disclosure Request.
Chair Cauthen asked the clerk to add "Failure to provide a timely response" to the complaint.
Diane Parker, Respondent, said the department does not contest jurisdiction.
Motion to recommend jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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3.
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07063, 07064, and 07065
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Determination of jurisdiction of complaint filed by Ray Hartz against the City Attorney for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance with identifying and obtaining public information from the San Francisco Police Department, refusal to release requested information, and refusal to acknowledge the Department's responsibility to comply with the Sunshine Ordinance.
Speakers Ray Hartz, Complainant, said that since the City Attorney's Office defends City Department's it should have access to the documents he wants from the Police Department.
Matt Dorsey, Respondent, said the department is not contesting jurisdiction but believes it would be unreasonable to find it. However, he would act as a go-between and try to assist Mr. Hartz.
Motion to recommend jurisdiction. ( Wolfe / Goldman )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
Chair Cauthen called for a break at 4:46. The meeting resumed at 4: 57
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4.
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07066
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Determination of jurisdiction of complaint filed by Charles Pitts against the Department of Human Services and the Central City Hospitality House for alleged failure to provide a complete copy of his personnel file.
Speakers: Charles Pitts, Complainant, said the City Attorney did not review laws governing non-profits when making his determination and that he wants all files CCHH has on him, including the Feb 22 incident reports. Jackie Jenks, Respondent, said non-profit CCHH contests jurisdiction.
DCA Llorente was asked by Chair Cauthen to explain why he does not find jurisdiction. DCA Llorente said that the documents Mr. Pitts requested are personnel files or performance files of an individual, and are not listed under Chapter 12L of the Administrative Code.
Chair Cauthen asked the clerk to ask Administrator Frank Darby to notify Pamela Tebo of DHS that her presence, per Sunshine, is required even though the City Attorney's Office found no jurisdiction. She asked Mr. Darby to write a letter and send it to the chair for her signature.
Ms. Jenks, executive director of CCHH, said Ms Tebo was not present because DHS was seen as the mediator and the Sunshine request was made to CCHH, a DHS contractor.
Mr. Pitts noted that the request was made to DHS because no other entity was listed on the complaint form.
Motion to recommend jurisdiction. ( Wolfe / Goldman )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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5.
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07067
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Determination of jurisdiction of complaint filed by Jodi Watson against the Entertainment Commission for alleged failure to provide the requested records containing noise reports completed against Slim's Nightclub from May through June 2007.
Speakers: Jodi Watson, Complainant, said the EC still has not responded to a request for information on a noise report. Bob Davis, Respondent, said the commission has assisted Ms. Watson and that jurisdiction was not contested. Documents, he said, had been mailed to Ms. Watson.
Chair Cauthen asked Ms. Watson to include "non-response to an immediate disclosure request" in her complaint.
Public comment: Coby Watson, spouse of the complainant, said he had not seen any of the documents Mr. Davis mentioned.
Motion to recommend jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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6.
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07068
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Determination of jurisdiction of complaint filed by Maxine Doogan against the District Attorney for alleged failure to provide requested records.
Speakers: Maxine Doogan, Complainant, said the committee should find jurisdiction because the documents do exist, a conclusion reached by reviewing partial information provided by the department.
Chair Cauthen asked her to resubmit certain documents that were compressed and not readable.
Sandip Patel, Respondent, accepted jurisdiction but noted that the DA's office did provide information but not those excluded under State law. However, he said, the DA's office would like to talk to Ms. Doogan to reach an acceptable conclusion.
Motion to recommend jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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7.
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07069
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Determination of jurisdiction of complaint filed by Ray Hartz against the office of Supervisor Aaron Peskin for violation of Section 67.21 (c) of the Sunshine Ordinance for alleged failure to provide assistance.
Speakers: Ray Hartz, Complainant, said Supervisor Peskin as his representative should assist him in getting the information he needs from various city departments. Rose Chung, Respondent, said the supervisor's office agrees with the City Attorney's jurisdiction recommendation.
Motion to recommend jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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8.
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07071
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Determination of jurisdiction of complaint filed by Dee Modglin against the Mayor's Office of Housing for alleged incomplete and inaccurate release of information.
Speakers: Dee Modglin, Complainant, said her group wants complete and accurate information so that moderate-to low income units, regardless of location, are made available to those who are in need.
Respondents: Douglas Shoemaker, deputy director of the Mayor's office of Housing, said jurisdiction is not being contested but noted that the documents in question were those transferred from various agencies and were received incomplete. Redaction was also according to law.
Public comment: Laura Carroll said she had made a similar request on overlapping issues to the Mayor's office and received what was requested while Ms. Modlin did not, and vice-versa.
Responding to a query from Member Wolfe, Ruby Harrison with the Mayor's office of Housing, said her department did not have an email system until 1997 and the web site came up in 1998. Images of emails for certain officials were retained and DTIS provided the information
Motion to recommend jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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9.
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07072
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Determination of jurisdiction of complaint filed by Randell Evans against the Redevelopment Agency and Mayor's Western Addition Citizens Advisory Committee (WACAC)for alleged incomplete minutes by not identifying public speakers or summarizing their comments, failure to provide the agenda and packet although complainant identified on their mailing list, and interrupting a speaker during public comment and deducting the interruption from the speakers time.
Speakers: Randell Evans, Complainant, said he has a Redevelopment Agency document which refers to a Oct. 17, 2006 workshop and would provide his evidence at the next Task Force meeting.
Deputy City Attorney Ernie Llorente explained that the Redevelopment Agency is a State body and does not have to follow San Francisco's Sunshine laws. However, the members would have to determine the status of WACAC relative to Sunshine.
Respondent Jim Morales agreed with Mr. Llorente's assessment that it is not subject to Sunshine as is the WACAC, a passive body, which also follows the Brown Act.
Arnold Townsend, president and chair of the WACAC, said he is ready to respond to the allegations but wanted the committee to know that his group is a passive body that does not set policy but only advises the commission,
Ace Washington, a community activist, said that he is against the CAC and noted that the mayor has never visited the community.
Sheryl Davis, appointed to the CAC by Mayor Newsom, wanted to know what the charges are, and urged members to view the videotapes with an even hand.
Mr. Evans, in rebuttal, said a review of the agendas will show that the CAC is an active body because of the number of businesses it approves for the area. He said the CAC members are public servants and should be held accountable.
Motion to accept jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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10.
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07073
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Determination of jurisdiction of complaint filed by Russell Albano against the Department of Human Resources – Workers Compensation Division for alleged failure to respond to two public records request, and failure to provide records.
Mr. Llorente asked to be recused from Items 10 and 11 because the agencies involved are his clients in one of his other jobs. The jurisdictional letters for both complaints, he said, were authored by Deputy City Attorney Rosa Sanchez, who would appear before the full task force.
Speakers: Russell Albano, Complainant, said he wants to know what information the Workers Compensation Division, the City Attorney's Office and the Fire Department have on him. The various departments, he said, are making decisions based on a certain document and since he is a party to the proceedings he should also have access to it. Workers Comp, he added, responded 41 days after the initial request was made.
Mr. Albano, on suggestion made by Chair Cauthen, asked to add failure to provide justification for withholding as a cause of action.
Seeing no representatives from the department, Chair Cauthen requested Mr. Darby to draft a letter to the Workers Comp Division of DHS telling them they were expected to be present and are expected to be present at the full task force. Chair Cauthen wants to see the letter before it gets sent and either she or Task Force Chair Doug Comstock would sign the letter. Member Wolf expressed concern about department representatives not being present during jurisdictional hearings.
Motion to accept jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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11.
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07074
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Determination of jurisdiction of complaint filed by Russell Albano against the San Francisco Fire Department for alleged failure to respond in a timely manner, failure to provide the records requested, and failure to provide justification for withholding.
Speakers: Russell Albano, Complainant, said attorney-client privilege was not an issue when the documents were being collected. It was only later when copies were being sent to the City Attorney's Office that the attorney-client privilege was mentioned. Rhab Boughn, Respondent, said Mr. Albano's requests have been met but agreed to meet with Mr. Albano later to reach an agreement. The department, he said, does not contest jurisdiction.
Motion to accept jurisdiction. ( Goldman / Wolfe )
Ayes: Cauthen, Wolfe, Goldman
Excused: Chu
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12.
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Administrator/s Report
The Administrator submitted his report.
Speakers: None
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13.
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Public Comment for items not listed on the agenda
Speakers: Dan Baret wanted to know when the full task force would hear his complaints filed earlier in the day.
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14.
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Announcements, questions, and future agenda items from Committee members.
Speakers: None
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