December 14, 2005

1.

Approval of minutes of November 17, 2005.

Motion to approve minutes of November 17, 2005. ( Comstock / Craven )

Ayes: Knee, Comstock, Craven

Speakers: None

2.

05029

Continued hearing on the status of the October 25, 2005 Order of Determination of John Kelly against the District Attorney's Office.

Speakers: John Kelly, Complainant; Thomas Bogott, Assistant District Attorney, District Attorney's Office.

The parties have requested that the Task Force reconsider its Order of Determination dated October 25, 2005.

Complainant Kelly requested that a new order be issued, compelling the District Attorneys Office to release the requested documents.

Assistant District Attorney Bogott, requested that the Order of Determination be rescinded because the Task Force lacks jurisdiction to issue an order.

Because the parties have requested a rescinding of the order the Task Force must consider the following questions.

1. Does the Task Force have jurisdiction of the District Attorney in this case?
2. Assuming that it did under the facts presented, did the District Attorney violate the State Public Records Acts under Government Code Sections 6254 (f) including subsections (1) and (2)?
3. On the consensus of the Committee, Chair Knee requested that the City Attorney provide a written opinion as to these questions.

3

05038

Hearing on the status of the November 22, 2005 Order of Determination of David Parker against the San Francisco Police Department.

Speaker: Lt. Doug Groshong, Legal Division, San Francisco Police Department

Motion to recommend to the Full Task Force that the San Francisco Police Departments non-compliance with the November 22, 2005, Order of Determination be referred to the Police Commission for policy review and determination. ( Comstock / Craven )

Ayes: Knee, Comstock, Craven

4.

Discussion of possible amendments to Sections 67.5 to 67.9 of the Sunshine Ordinance

1. Sec. 67.7. Agenda Requirements; Regular Meetings.
2. Sec. 67.7-1. Public Notice Requirements.
3. Sec. 67.8. Agenda Disclosures: Closed Sessions.
4. Sec. 67.8-1. Additional Requirements for Closed Sessions.
5. Sec. 67.9. Agendas and Related Materials: Public Records.
6. Sec. 67.10 Closed Sessions: Permitted Topics
7. Sec. 67.11 Statement of Reasons for Closed Sessions
8. Sec. 67.12 Disclosure of Closed Session Discussions and Actions

David Pilpel, by consensus of the Committee, was invited to join the Committee as a non-voting participant to the discussions.

Sections 67.5 and Sections 67.6 were discussed and the Administrator recorded recommended amendments.

In accordance with Committee consensus, Chair Knee instructed the Administrator to identify for discussion and possible action Sections 67.7 through 67.12 of the Sunshine Ordinance for next months agenda, and to note that subsequent sections may be heard if time permits.

5.

Public comment on items not listed on the agenda.

Speakers: None

6.

Administrator's report.

Member Craven noted that the signer on the Order of Determination for the Jackson and Augustine complaints should be reversed and requested that revised orders be sent out.

7.

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

Member Comstock presented a framed peace of calligraphy written by former Task Force chair James Chaffee titled "Sunshine Bill of Rights," which he donated to the Task Force. The calligraphy was turned over to the Administrator. In accordance with Committee consensus, it was recommended that the Task Force determine when and where it should be displayed.

Member Craven indicated that the Media Law Resource Center is putting together a panel on the reporters' privilege in the Bay Area in February. For more information visit MLRC's web site at medialaw.org or send an email to mgangat@medialaw.org.