SUNSHINE ORDINANCE TASK FORCE
COMPLIANCE AND AMENDMENTS COMMITTEE
MINUTES*
Wednesday, August 11, 2004
4:00 p.m., City Hall, Room 406
Committee Members: Richard Knee, Chair; Doug Comstock; David Pilpel
Note: First name indicates member making motion; second name indicates member seconding motion. All motions passed unanimously except as noted.
The meeting called to order at 4:05 p.m.
Roll Call: All present. (Member Pilpel entered meeting after Item #1)
Agenda changes: Item #5 removed from agenda.
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1.
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Approval of minutes of July 14, 2004.
Public comment from John Kelly regarding Item #2 in the minutes.
Public comment from Peter Warfield regarding being more descriptive in the minutes.
Motion adopted approving minutes as amended (eliminating a portion of Item #2). (Comstock/Knee) (Pilpel absent)
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2.
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Administrator’s report.
- Report on past Orders of Determination
- Report on June 22 2004 Order of Determination of Peter Warfield
- Report on Dan Boreen complaints
- Report on Sole Source Complaints filed by Member Comstock
- Report on Orders of Determination from 7/27/04 Task Force meeting
Report given by Administrator.
Public comment from Peter Warfield regarding Cockrell Order of Determination requesting the Task Force take a position and not let complaint drop; regarding his Order of Determination of June 22, the result has been highly inadequate; Library letter does not meet requirement of withholding
Motion adopted that the Task Force send a letter to the Ethics Commission regarding the 4/23/02 Order of Determination of Steve Cockrell against the Recreation & Park Department, requesting the Ethics Commission to consider investigating Item #5 only: As to the alleged repeated withholding of overall documents, this matter is referred to the Ethics Commission. (Comstock/Knee) (Pilpel no)
Motion adopted that the Michael Stoll Order of Determination of 1/28/03 be deleted from the monthly report of the Administrator until Mr. Stoll contacts the Task Force. (Pilpel/Comstock)
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3.
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The Peter Warfield case regarding the April 22, 2004 Order of Determination against the Public Library for failure to provide requested information relating to RSI-related employee injuries/problems.
Member Pilpel stated for the record he is a personal friend of Michael Housh, Public Library Custodian of Records.
Member Knee requested Member Pilpel recuse himself since Member Pilpel had been in contact with the Public Library regarding this complaint. Member Pilpel declined to recuse himself.
Peter Warfield addressed the Committee stating this Order of Determination still had not been responded to from the Public Library.
Motion adopted requesting the City Attorney’s Office provide a legal opinion that personal records may be redacted from information requested by Mr. Warfield in his complaint of May 4, 2004 regarding the Library’s failure to respond to an Immediate Disclosure Request of April 23 2004 asking the Library for information that was used as the basis for, or supports, publicly stated problems and specific statistics on Repetitive Stress Injuries, costs, excluding any personally identifiable information; and that the response be provided as expeditiously as possible. (Comstock/Pilpel)
Public comment from Peter Warfield stating his Order of Determination of April 22, 2004 is four months old; urge the opinion from the City Attorney’s Office be provided in time for the next full Task Force meeting; discussion of complaint items be held in public.
Public comment from John Kelly stating his concern members of the Task Force are contacting members of departments regarding complaints.
Chair Knee stated this complaint will be reported to the full Task Force meeting of August 24 and at that time, depending on how the City Attorney’s Office responds, I intend to present a motion to the full Task Force that this matter be sent to the Ethics Commission, the District Attorney, or the State Attorney General.
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4.
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The John Kelly case regarding the June 22, 2004 Order of Determination against the Department of Building Inspection because of documents that were destroyed.
John Kelly addressed the Committee stating the re-measurement was unsatisfactory because it did not meet the conditions he had set forth and requested this case be referred to the appropriate agencies, the State Attorney General, the District Attorney, the Ethics Commission and the Board of Supervisors for investigation.
Public comment from Peter Warfield stating he was glad the Task Force did not listen to a recent tape provided by Mr. Kelly; asked that time be provided to come to a conclusion of Kelly case.
Call for the question. (Knee/Comstock) (Pilpel no) Motion carried.
Motion adopted that this item be referred to the full Task Force with a recommendation that the matter be forwarded to the Board of Supervisors as a violation of Sunshine Ordinance Section 67.30 (c). (Comstock/Knee) (Pilpel no)
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Five minute recess.
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5.
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The Kristen Odlaug case regarding the November 20, 2003 Order of Determination against the Fire Department for failure to provide records.
This item continued to the next meeting of the Committee.
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6.
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Discussion regarding 12L, Non-profit provisions.
Public comment from Debbi Lerman, Director of Research & Communications, San Francisco Human Services Network, stating she felt what is now outlined in the Administrative Code and Sunshine Ordinance regarding non-profit regulations is appropriate.
This item continued to the next meeting for further discussion.
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7.
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Update regarding proposed changes to the Sunshine Ordinance.
At the next meeting the Committee will further discuss the idea of a survey to departments.
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8.
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Direction of Compliance & Amendments Committee.
Discussion regarding having departments respond regarding Orders of Determination; report to the Board of Supervisors annually regarding any problems encountered.
This item continued to the next meeting.
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9.
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Public comment for items not listed on the agenda. None.
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The meeting adjourned at 7:15 p.m.
Submitted by Donna L. Hall, Administrator
*This meeting has been audio taped and is on file in the office of the Sunshine Ordinance Task Force.