November 10, 2009

1.

Approval of September 8, 2009, regular meeting minutes

Motion to approve minutes ( Knee / Washburn )

Public Comment: None

On the motion:

Ayes:,Knee, Washburn Craven-Green

Excused: Johnson

2.

Approval of October 13, 2009, regular meeting minutes

Motion to approve minutes ( Knee / Washburn )

Public Comment: None

On the motion:

Ayes:,Knee, Washburn, Craven-Green

Excused: Johnson

3.

09039

Hearing on the status of the September 22, 2009, Order of Determination of Rita O’Flynn against the Mayor’s Office on Housing.

Complainant Rita O’Flynn said the Order of Determination directed that the Mayor’s Office of Housing request the Department of Technology to restore Myrna Melgar-Iton’s emails, and documentation she has received since then indicates that nothing has been done. The MOH has provided additional emails but not the ones she had reviewed originally, she said..She wanted the Committee to instruct the MOH to restore Ms. Melgar-Iton’s emails from 2004 to the present and to have an outside agency do the redactions if necessary.

The Mayor’s Office of Housing was not represented.

Members stressed the need for the department to be present because the Committee had questions.

Member Knee said the Committee could find MOH in willful violation but to do so would not be to Ms. O’Flynn’s advantage.

Public Comment: None

Continued to December 8, 2009, meeting. Chair to write letter seeking explanation from MOH.

4.

09046

Hearing on complaint filed by Randall Evans against the Ella Hill Hutch Community Center for allegedly not providing documents under Chapter 12L

Complaint withdrawn.

5.

09051

Hearing on the status of the October 27, 2009, Order of Determination of Marilyn Mollinedo against the Zoological Society

Complainant Marilyn Mollinedo said she has not received anything from the Zoological Society.

Respondent Tanya Peterson, executive director of the Zoological Society, said it would like to present its position in writing for reconsideration and if that was not possible, it would like to offer the complainant meeting minutes that would only reflect matters related to the operations of the Zoo.

To clarify, Ms. Peterson told Chair Craven-Green that the redactions would include ideas on fundraising, grants, exhibits and donor names. Motions that are made and sent to the full board would not be redacted.

To Member Knee, Ms. Mollinedo said, having read past Executive Committee minutes, she was surprised by the Society’s offer. She said she was only interested in some other issue going on at the Zoo.

Ms. Peterson did not have closing comments. Ms. Mollinedo said she was withdrawing her acceptance of the redacted minutes.

Public Comment: David Pilpel said he disagreed with the Task Force’s finding that the Society became a public body through the Lease Management Agreement. That agreement does not mean that everything that is related to the Society is public, he said. The request for documents should have been made to the Department of Recreation and Parks, he added.

Motion to continue matter to December 8, 2009, meeting and to direct the Society to produce the redacted minutes ( Craven-Green / Washburn )

On the motion:

Ayes:,Knee, Washburn, Craven-Green

Excused: Johnson

6.

09056

Hearing on the status of the October 27, 2009, Order of Determination of Peter Warfield against the Clerk of the Board.

Complainant Peter Warfield was not present.

Madeleine Licavoli, Deputy Clerk with the Office of the Clerk of the Board of Supervisors, said all general communications to the Clerk of the Board will not be redacted. On applications for boards and commissions, the home address, telephone and fax numbers, email, Social Security number and date of birth will be redacted. The home address will not be redacted if residency is required, she said. Form 700 will not be redacted, she added.

Members agreed that the Clerk of the Board had met the Order of Determination.

Public Comment: David Pilpel wanted to know if the policy extended to other offices under the Clerk of the Board,.and would a member of the public have an option to remain anonymous if he or she had an opinion on a pending legislation.

Item concluded. No further action

7.

09057

Hearing on the status of the October 27, 2009, Order of Determination of Peter Warfield against the Clerk of the Board.

Chair Craven-Green noted that respondent Madeleine Licavoli ,Deputy Clerk with the Office of the Clerk of the Board of Supervisors, has addressed the issue in the previous matter. Members however wanted to see the written policy before commenting further.

Public Comment: David Pilpel said the application should ask for the applicant’s supervisorial district number and that information should not be redacted. On Form 700, he said the document should be redacted the way the Ethics Commission does. He also wanted the City to provide email addresses for successful boards and commissions applicants.

Continued to December 8, 2009, meeting. Clerk to provide written policy.

8.

Developing recommendations for the proposed electronic document retention policy of the Sunshine Ordinance Task Force.

Member Washburn said her research shows that the federal government does not have a uniform way on electronic document retention and management. She added that the National Archives and Records Administration is in the process of developing a policy.

Member Knee said the Committee needs to work with the Committee On Information Technology.

Chair Craven-Green said she would contact COIT members to see where they were in their discussions on the needs of departments.

Continued to December 8, 2009, meeting.

9.

Discussion on the proposed amendments to the Sunshine Ordinance; specifically but not limited to Sections 67.15 (Public Testimony) and 67.35 (Responsibility for Administration).

Member Knee said a Supervisor Alioto-Pier aide has told him that the Supervisors would need the amendments by Dec 15 to make it to the June 2010 ballot. People are frustrated, he said, because the process has taken quite some time but that it was important to get a good package.

Member Knee said his proposal stems from the need to define the responsibilities of the Mayor and the Board of Supervisors.

Subject continued to the December 8, 2009, meeting for more discussion by members.

On 67.15:

Add “This provision shall apply to all meetings of the Board of Supervisors and its committees.” after “Sec 67.7 (e) of this article.” in 67.15 (a):

(b) starts with the deleted “However, in the case…” Delete the same in the next paragraph.

(c) says :”However, nothing in this subsection is intended to exempt Board of Supervisors committees from the general public comment requirements under subsection( a ).”

Rename following paragraphs (d), (e) and (f) to (e), (f) and (g).

On Member Washburn’s concerns:

p. 8, line 13 “Conduct of Business” too broad for this section? Sections 67.3 through 67.9 to be revisited at later date for clarity.

p. 13, line 19 Delete semicolon

p. 14, line 17 Undelete “are”

p. 15, line 10 Insert comma after “disaster”

p. 17, line 21 Delete (a; insert comma after “posted”

p. 17, line 22 Insert comma after “agency”

p. 24, line 13 to read:

“The materials that are distributed at the hearing shall be clearly legible. “

p. 24, line 16 Insert space after “Policy Body”

Page 32, line 10 to read:

If the public body determines that any part of the previously withheld materials can now be disclosed, it shall do so and identify in the body’s minutes past closed session materials that are now disclosable.

p. 34, line 6 “residentsmembers” change to “members of the public.” Also delete “San Francisco “

p. 34, line 21 Delete comma; correct date to “within six months of the enactment of this provision.”(amended at Sept. 8, 2009, meeting)

p. 35 “public body” should be lowercase

p. 38, line 11 Insert comma after “chair”

p. 39, line 8 Insert space after period

p. 42, line 3 Replace “may” with “shall”

p. 52, line 9 to read:

Nothing in this section shall require a department to create a computer program or application to respond to a request for information, or take any action that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which it is maintained.

p. 52, line 11 insert “that” before “would”

p. 54, line 4 Change “which” to “that”

p. 54, line 16 Insert comma after “Ordinance”

p. 61, line 11-20 to read::

(8) All records regarding confirmed employee misconduct including records of any discipline and warnings imposed for such misconduct and all records regarding allegations of misconduct that are of a substantial nature and distinct from baseless or trivial, and where there is reasonable cause to believe that the complaint is well-founded.

p. 71, line 4-6 to read:

(e) Copies of video, audio, or digital recorded meetings shall be provided to the public upon request for the actual cost of materials (i.e., tape, disk, CD, DVD) only. (Added by Ord. 265-93, App. 8/18/93; amended by Proposition G, 11/2/99)

p. 71, line 21 “and” should read “an”

p. 72, line 25 to page 74 read:

(5) Nothing in this section shall require a Department or Policy Body to create a new computer program or system to respond to a request for information or to provide access that would jeopardize or compromise the security or integrity of the original record or violate a licensing agreement or copyright law.

Delete page 51 (i) on 51 and 52 because it is mentioned on page 72 (5)

p. 73, line 7 Delete “to”

Change to “Access to Public Records”

p. 80, line 16 Change “maintain and preserve” to “maintained and preserved”

p. 91, line 4 Delete “and”

p. 93, line 7 Insert comma after first “and”

p. 94, line 20 Insert “of” after “violations”

p. 97, lines 3 “it.” replaced by “in” and reword sentence to say “in its bylaws, criteria for selection oversight of appointed counsel and expenditures.”

p. 99, line 21 Insert comma after “Ordinance”

p. 99, line 23 to say “records of such meeting. The burden … ”

Public comment: None

Continued to December 8, 2009, meeting

10.

Administrator’s Report.

Public Comment: None

11.

Public Comment on items not listed on the agenda: Bred Star said she is seeking information from the City Attorney’s Office regarding a 2004 investigation. She also said she has been getting the runaround from departments for the last 16 years.

12.

Announcements, questions, and future agenda items from Committee members

Adjournment                                                                                            The meeting adjourned at 7:30 p.m.

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