September 11, 2006

1.

Approval of minutes of August 14, 2006.

Speakers: Kimo Crossman said that the minutes are not complete that items 4 &5 does not include his request that Departments submit a response to the Order of Determination in 5 days. Item 6 omits many of his comments including instructions to Linda Wong. His suggestion to create a Supervisor of Public Forum is omitted.

Allen Grossman said that he discussed the advantage of having the MS Word format of the amendments.

Chair Knee, in accordance with Committee consensus, asked the Administrator to ask Linda Wong whether she has additional information to add to the minutes.

By consensus the Committee suspended action on the minutes until next month.

2.

06003

Continued hearing on the status of the May 23, 2006 Order of Determination of John Avalos, on behalf of Supervisor Chris Daly vs. Mayors Office of Communications (MOC), and to determine rather a referral to the Ethics Commission is necessary.

Speakers: None

Chair Comstock, by Committee consensus, noted that based on the letter from John Avalos who reported that he have received the information from the MOC, as per the Order of Determination, that no further action was needed on this item.

3.

06004

Continued hearing on the status of the June 27, 2006 Order of Determination of Robert Planthold vs. Municipal Transportation Agency (MTA).

Speakers: Robert Planthold, Complainant; Diana Hammons, Director External Affairs, Municipal Transportation Agency.

Kimo Crossman stated that is was inappropriate for Mr. Zarefsky to speak while seated on the Committee side of the podium, and asked the Task Force to instruct him to speak from the public podium like the complainant.

Allen Grossman said that there has to be some facts in the document that can be disclosed. That the MTA must go through the document and redact everything that is not discloseable, and identify who is doing the redaction.

Motion finding that the their hasn't been adequate compliance with the June 27, 2006 Order of Determination with respect to the request that the MTA release the draft documents requested by Mr. Planthold after the exempt recommendations of the author have been redacted. The Committee request that the MTA respond to this finding within 5 days and also request that it be rescheduled for a hearing to the Task Force if compliance hasn't been full and forthcoming. ( Craven / Knee )

Ayes: Knee, Comstock, Craven

4.

06007

Hearing on the status of the August 22, 2006 Order of Determination of Javier Gonzalez vs. City Attorney's Office.

Speaker: Javier Gonzalez, Complainant; Paul Zarefsky, Deputy City Attorney, City Attorney's Office.

Kimo Crossman stated that is was inappropriate for Mr. Zarefsky to speak while seated on the Committee side of the podium, and asked the Task Force to instruct him to speak from the public podium like the complainant.

Allen Grossman said that the Sheriff's incident report should be disclosed.

Lurilla Harris said that she is concerned about what is happening with the case.

No action taken by unanimous consensus.

5.

Possible amendments to Sections 67.16, 67.21 to 67.25 of the Sunshine Ordinance and subsequent sections as time permits.

1. Sec. 67.16 Minutes
2. Sec. 67.21 Process for Gaining Access to Public Records; Administrative Appeals.
3. Sec 67.21-1 Policy Regarding Use and Purchase of Computer Systems.
4. Sec 67.22 Release of Oral Public Information
5. Sec 67.23 Public Review File – Policy Body Communications.
6. Sec 67.24 Public Information that Must Be Disclosed.

(g.) Sec 67.25 Immediacy of Response

Speakers: Kimo Crossman asked the Committee Members to consider his written comments regarding the ordinance; that 67.16 should require that the 150 word summary be included in the minutes and not as an attachment to the minutes. That 67.21 make provisions for alternate Custodian of Records, prevent the prioritizing of requests, encourage transparency of requests, allow requestors to be carbon copied on correspondence. Allen Grossman suggested creating a cross-reference to the 150 word summary in the public comment section of the minutes. He also said that Section 67.21 (e) should require that the Supervisor of Records disclose to the person requesting a determination rather the City Attorney's Office have already advised a department on the matter being determined.

Sections 67.16 and 67.21 were discussed and the Clerk recorded recommended amendments.

Chair Knee, in accordance with Committee consensus, asked the Administrator to identify for discussion and possible action Sections 67.15, 67.16, possible new Section 67.18 titled "Supervisor of Public Forum," and 67.21 through 67.25 of the Sunshine Ordinance for the October 11, 2006, meeting agenda, and to note that subsequent sections may be heard if time permits.

Chair Knee, in accordance with Committee consensus, asked the Administrator to invite a representative from the Department of Telecommunications and Information Services or someone they recommend to attend the October 11, 2006 meeting to discuss the subject of metadata.

6.

Public comment on items not listed on the agenda.

Speakers: Kimo Crossman said that he is surprised that Media Services can't assist with attaching member Comstocks Apple PC to the projector; that there are different types of PDF documents (image only and searchable) and that the draft ordinance posted on the internet is image only.

Allen Grossman said that he has filed a complaint against the Clerk of the Board for being denied the amendments to the ordinance in Word format.

7.

Administrator's report.

The Administrator submitted the report.

Speakers: Kimo Crossman asked that the Good Government Guide for 2006 be placed in the orange binder. He alleged that the guide has written suggestions from the City Attorney's office to departments to not submit request for opinions to their office in writing. He suggested that the public communications be posted on the web site.

8.

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

Speakers: Kimo Crossman read a section from the 2005 Good Government Guide that he alleges the City Attorney's Office discourage departments from submitting request to them in writing so that they won't have to disclose it.

Member Comstock stated that he is unsettled about the provisions for public seeking in section 67.15. That the Committee haven't exhausted the issue about having a representative public speaker, and because it has profound implications for the Board of Supervisors and all commissions. He will as an individual contact his district Supervisor, Ross Mirkarimi, and ask him to agendize it for discussion at the Rules Committee to allow more public discussion on the matter.

Chair Knee asked the Administrator to add for discussion Section 67.15 to next months agenda.

Chair Knee announced that the California First Amendment Coalition's Open Government will be September 29-30 at the UC Berkeley Graduate School of Journalism. Arianna Huffington is Fridays keynote speaker and on Saturday there will be a debate on prosecuting reporters for receiving leaked information

Chair Knee asked everyone to rise in a moment of silence in honor of the 9-11 attacks on the United States. He asked that during their silence everyone think about what they could do to remove the reasons that people might have to attack the country.

The meeting was adjourned after a moment of silence.

Adjournment The meeting was adjourned at 7:00 PM.

This meeting has been audio recorded and is on file in the office of the Sunshine Ordinance Task Force (Audio for items 1, 2, and 4 were inadvertently omitted from the tape.)