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October 13, 2009

SUNSHINE ORDINANCE TASK FORCE

COMPLAINT COMMITTEE

MINUTES

Tuesday, October 13, 2009

3:30 p.m., City Hall, Room 406

Committee Members: Nick Goldman (Chair), Doyle Johnson, James Knoebber

Call to Order: 3:30 p.m.

Roll Call: Present: Goldman, Johnson, Knoebber

Agenda Changes: None

Deputy City Attorney: Jerry Threet

Clerk Chris Rustom

1.

Approval of minutes of August 11, 2009, regular meeting.

Motion approving minutes of August 11, 2009. ( Knoebber / Johnson )

Public Comment: None

On the motion:

Ayes: Knoebber , Johnson, Goldman

2.

09051

Determination of jurisdiction on complaint filed by Marilyn Mollinedo against the Zoological Society for allegedly withholding meeting information.

Complainant Marilyn Mollinedo said she requested copies of the agendas and minutes for the board and executive committee earlier this year and was told that the executive committee’s agendas and minutes were no longer public documents. This follows the Society’s admission in 2008 that it was responsible for Sunshine compliance. Also, she said, the agreement between the Society and the city states that the Society has to comply with all State and Federal rules including the California Public Records Act. And because the Board’s handbook states that the executive committee may exercise the authority of the Board, all executive committee documents should be public documents, she added.

Respondent Edward Pool said the Zoological Society is a non-profit organization and is not connected to any city department. It is also not a policy making body and under the lease agreement, that authority is with the Joint Zoo Committee, which works under the Department of Recreation and Park, he said. The lease agreement has been in force since 1993 and according to the Admin Code it is only subject to 12L provisions which do not mention executive committees, he added.

DCA Threet said Sec 67.4 ( b ) is also applicable to this case but most of all he needed to analyze the lease agreement and would be able to do so before the Task Force meeting.

Member Knoebber said he sees the argument but would prefer to place the matter before the full Task Force.

Motion to find jurisdiction ( Knoebber / Johnson )

Public Comment: None

On the motion:

Ayes: Knoebber , Johnson, Goldman

3.

09054

Determination of jurisdiction on complaint filed by Robert Garcia against the Entertainment Commission for failure to post notices according to code.

Complainant Robert Garcia said he is withdrawing his complaint

4.

Administrator’s Report

Mr. Rustom made the report.

Public Comment: None

5.

Public comment for items not listed on the agenda. None

6.

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

Member Johnson was told by Mr. Rustom that there has been no response from members over Task Force Chair Rick Knee’s call on the San Francisco Community College District’s ad-hoc committee.

Adjournment                                                                                 The meeting adjourned at 3:44 p.m.

This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force

Last updated: 11/12/2009 10:24:48 AM