|
|
Chair Cauthen announced that item #8 was continued by agreement of both parties prior to the meeting, and that the complaint for item #10 was withdrawn.
|
|
1.
|
|
Approval of minutes of October 9, 2007.
Speakers: None
Motion approving minutes of October 9, 2007. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
|
|
2.
|
07075
|
Determination of jurisdiction of complaint filed by Laura Carroll against the Mayor's Office of Housing (MOH) for violation of Section 67.26 of the Sunshine Ordinance for alleged failure to provide documents, and failure to keep withholding to a minimum.
Speakers: Laura Carroll, Complainant, asked the committee to add a violation of Section 67.21 because she did not receive all documents requested. She said that the department is withholding records related to research that is considered attorney-client privileged. Dee Modglin, in support of the complainant, said that Ms. Carroll did not receive a massive amount of e-mail that is in her file, and was not provided key information. She urged the committee to find jurisdiction. Douglas Shoemaker, MOH, said that he does not contest jurisdiction; that the only records that were not provided are privileged communications between the Department and the City Attorney. He said that he'd gladly give Ms. Carroll everything that he gave to Ms. Modglin.
Chair Cauthen asked the Administrator to add Section 67.21 as a possible violation.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
|
|
3.
|
07076
|
Determination of jurisdiction of complaint filed by Charles Bolton against the Department of Public Works for violation of Sections 67.24, 67.25, 67.7-1 and 67.5 of the Sunshine Ordinance for alleged failure to provide records, untimely response, improper notice of the July 25, 2007, meeting, and failure to allow public comment at the September 5, 2007, meeting.
Speakers: Charles Bolton, Complainant, said that he was not provided records pertaining to the Mechanical Street Cleaning legislation. He said that the public was not allowed to speak again on a continued item at the September meeting.
DCA Sanchez, in response to Chair Cauthen, said that public comment is allowed once on an item, even if the item has been continued.
Chair Cauthen asked Mr. Bolton if the department provided justification for withholding. Mr. Bolton responded, no.
Chair Cauthen asked the administrator to add a violation of section 67.15, and 67.27 to the complaint.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Chair Cauthen asked the Administrator to write a letter to the department requesting that they attend the full Task Force hearing on November 27, 2007, and to inform them that attendance by the custodian of records or the most knowledgeable representative of the department, who can speak to the matter, is required at the meeting.
|
|
4.
|
07077
|
Determination of jurisdiction of complaint filed by Allen Grossman against the Office of the District Attorney for violation of Sections 67.21 (b), 67.25 (a) of the Sunshine Ordinance, and CPRA Section 6253 (b) for alleged failure to respond to an immediate disclosure requested submitted on September 20, 2007.
Speakers: Allen Grossman, Complainant, said that he hasn't received anything from the respondents and urged jurisdiction.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Sandip Patel, respondent arrived after item #2 and was informed by Chair Cauthen that the "balancing act" for disclosure referred to in the DA's response is not a valid reason for non disclosure. Mr. Patel said the DA was responding to the alleged violation of the CPRA.
|
|
5.
|
07078 & 07079
|
Determination of jurisdiction of complaint filed by John Chapman against the Controllers Office and the Public Utilities Commission for alleged failure to provide records requested and failure to respond in a timely manner.
Speakers: John Chapman, Complainant, said that since filing the complaint he has received the audit that he requested, but not in a timely manner. John Darmanin, in support, said that the Task Force should determine that the audit was not received in a timely manner.
Michele Modena, Respondent (PUC), apologized for not responding in a timely manner. She said that the audit didn't exist at the time it was requested, and that they received it from the Controllers Office.
Christian Devoldo, Respondent (Controller) said that the Controllers Office has provided the complainant with all responsive documents.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Chair Cauthen urged the parties to converse and attempt to resolve the matter prior to the full Task Force meeting.
|
|
6.
|
07080
|
Determination of jurisdiction of complaint filed by Dan Boreen against the Fire Department for violation of Sections 67.24-67.27; 67.29-5 of the Sunshine Ordinance, and CPRA Section 6254 for alleged failure to provide records, failure to keep withholding to a minimum, failure to justify withholding, and untimely response.
Speakers: Dan Boreen, Complainant, said that his complaint is about the departments redactions from the signed time rolls, not providing the Department Head Calendar, or entries for 2006. John Darmanin, in support, said that the request is reasonable and that the information deleted from the time rolls is not private.
Sue Cauthen asked DCA Sanchez to ask DCA Llorente to provide information regarding a recent court order requiring disclosure of public official's pay.
Rhab Boughn, Respondent, said that the department has complied with the request and that certain information on the time rolls is confidential.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Chair Cauthen urged the parties to converse and attempt to resolve the matter, prior to the full Task Force meeting.
|
|
7.
|
07081
|
Determination of jurisdiction of complaint filed by Hanley Chan against the Police Department for violation of Section 67.21 and 67.22 of the Sunshine Ordinance for alleged failure to provide records and oral information.
Speakers: Hanley Chan, Complainant, said that he requested information explaining why an applicant was denied employment; that he also requested a detailed written hiring process, a written definition of good and moral character, and any documents on himself that he didn't receive.
Jack Hart, Counsel for Respondent, said that he is not aware of any request for documents, whether oral or written, but that the department was responsive to Mr. Chan's request for information. He said that information about the hiring process has already been provided.
Motion to recommend jurisdiction. ( Goldman / Chu )
Ayes: Cauthen, Chu, Goldman
Chair Cauthen urged the parties to converse and attempt to resolve the matter, prior to the full Task Force meeting.
|
|
8.
|
07082
|
Determination of jurisdiction of complaint filed by Wayne Lanier against the Department of Telecommunications and Information Services for violation of Sections 67.21 (b), (c), 67.25 (b), and 67.29-7 (a) of the Sunshine Ordinance for alleged failure to provide records, failure to justify withholding, untimely response, and failure to maintain and preserve records.
Continued by agreement of both parties prior to the meeting.
|
|
9.
|
07083
|
Determination of jurisdiction of complaint filed by John Darmanin against the Fire Commission for alleged violation of Sections 67.15 (a) and (b) and 67.7 (a) for alleged failure to allow public comment on an action item at the October 11, 2007, Commission meeting.
Speakers: John Darmanin, Complainant, said that he was not allowed to provide additional public comment on an item after it was amended by a motion. He said that although this may be the letter of the law it is not the intent of the Sunshine Ordinance. Dan Boreen, in support, said that the commission has a practice of repackaging motions after public comment, but not allowing additional public comment.
Tania Bauer, Respondent, said that although there was continued discussion regarding the Annual Statement of Purpose for FY 07-08, no changes were made to it.
Motion to recommend jurisdiction. ( Goldman / Cauthen )
Ayes: Cauthen, Goldman
Excused: Chu
Chair Cauthen urged the parties to converse and attempt to resolve the matter, prior to the full Task Force meeting.
|
|
10.
|
07084
|
Determination of jurisdiction of complaint filed by Marcus Santiago against the City Attorney for violation of Section 67.22 of the Sunshine Ordinance for alleged failure to provide oral information.
Complaint withdrawn prior to the meeting.
|
|
11.
|
|
Administrator/s Report
The Administrator submitted his report.
Speakers: None
|
|
12.
|
|
Public Comment for items not listed on the agenda
Speakers: None
|
|
13.
|
|
Announcements, questions, and future agenda items from Committee members.
Speakers: None
|