December 11, 2006

1.

Approval of minutes of November 15, 2006.

Speakers: Kimo Crossman said that the minutes are very good.

Motion to approve minutes of November 11, 2006. ( Comstock / Craven )

Ayes: Knee, Comstock, Craven

The Administrator asked the Task Force to consider increasing the time for public comment on a section of the Ordinance rather than allow public comment on each subsection.

Chair Knee, in accordance with Committee consensus, stated that a decision will be made at the beginning of each section of the Ordinance whether to provide public comment on each subsection.

2.

06011

Continued hearing on the status of the September 26, 2006 Order of Determination of Beth Rimbey vs. Office of Emergency Services and the Mayors Office of Communications

Speakers: None

Continued by agreement of both parties prior to the meeting.

Member Knee indicated that this item is postponed indefinitely; that the parties are working together to resolve pending issues and expect to submit a response to the Committee in February 2007.

3.

Possible amendments to Sections 67.20 to 67.29-7 of the Sunshine Ordinance and subsequent sections as time permits.

1. Sec. 67.21 Process for Gaining Access to Public Records; Administrative Appeals
2. Sec 67.21-1 Policy Regarding Use and Purchase of Computer Systems.
3. Sec 67.22 Release of Oral Public Information
4. Sec 67.23 Public Review File – Policy Body Communications.
5. Sec 67.24 Public Information that Must Be Disclosed.
6. Sec 67.25 Immediacy of Response
7. Sec 67.26 Withholding Kept to a Minimum
8. Sec 67.27 Justification of Withholding
9. Sec 67.28 Fees for Duplication
10. Sec 67.29 Index to Records
11. Sec 67.29-1 Records Survive Transition of Officials.
12. Sec 67.29-2 Internet Access/World Wide Web Minimum Standards
13. Sec 67.29-3
14. Sec 67.29-4 Lobbyist On Behalf of the City
15. Sec 67.29-5 Calendars of Certain Officials
16. Sec 67.29-6 Sources of Outside Funding
17. Sec 67.29-7 Correspondence and Records Shall Be Maintained

Speakers: Allen Grossman, provided a handout of suggested changes and spoke regarding 67.21: that the Ordinance should be clear as to whether the Department head or custodian should appear at meetings; that the Task Force's findings in their Order of Determination should have evidentiary value in court and should not be "undercut." He said that the Supervisor of Records report should have a due date; that there should be no attorney-client privilege regarding Sunshine matters; that oral advice from the City Attorney must not be permitted.

Kimo Crossman commented on sections that were not on the agenda and was subsequently cautioned by Chair Knee to speak only on sections under discussion. Mr. Crossman provided a handout of suggested changes and spoke regarding 67.21: that all attorney work product should be public records; that all oral advice from the City Attorney should be recorded; that all advice from the attorney during the meeting should be in the minutes; that the Task Force haven't addressed the work product issue.

Sections 67.21, 67.25, 67.22 were discussed and the Administrator recorded recommended amendments.

Chair Knee, in accordance with Committee consensus, asked DCA Sanchez to asked DCA Llorente to report to the Committee on how the City Attorney's Office tracks employee's time and expense responding to Sunshine and Public Records matters.

Member Comstock suggested that the Supervisor of Public Records report include an estimated cost expended by the City Attorney's Office for responding to Sunshine and Public Records matters.

Chair Knee, in accordance with Committee consensus, asked the Administrator to identify for discussion and possible action Sections 67.21 through 67.29-7 of the Sunshine Ordinance for the December 2006, meeting agenda, and to note that subsequent sections may be heard if time permits.

5.

Public comment on items not listed on the agenda.

Speakers: Kimo Crossman said the Board of Supervisors revised the Clerk of the Board's motion regarding electronic records. He thanked the Task Force for their support. He said that he is pleased with DCA Rosa Sanchez being neutral. He hopes that the Committee is reviewing his proposed amendments in advance of the meeting.

Chair Knee informed the public that the Clerk of the Board can not make a motion; that she testified to being neutral with regards to the Boards electronic records. Also, that he was hopeful that the compliment to DCA Rosa Sanchez, by Mr. Crossman, was not meant to be disparaging toward DCA Ernie Llorente.

Allen Grossman said that he will talk about the City Attorney's role when that section is discussed.

6.

Administrator's report.

The Administrator submitted the report.

Speakers: None

7.

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

Member Comstock indicated that at the BOS Rules Committee that Supervisor Mirkarimi stressed the importance of expediting the proposed amendments to the Ordinance.

Adjournment The meeting was adjourned at 6:56 p.m.

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