October 11, 2006

1.

Approval of minutes of August 14, 2006, and September 11, 2006.

Speakers: None

Motion to approve minutes of August 14, 2006. (Craven/Comstock)

Ayes: Knee, Comstock, Craven

Motion to approve minutes of September 11, 2006. (Craven/Knee)

Ayes: Knee, Comstock, Craven

2.

06011

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: Beth Rimbey, Complainant; Laura Phillips, Executive Director, Office of Emergency Services.

Member Craven, in accordance with Committee consensus, requested that the item be continued to the next meeting.

3.

06015

Hearing on the status of the September 26, 2006 Order of Determination of Allen Grossman against the Office of the Clerk of the Board and Sunshine Ordinance Task Force Administrator

Speakers: Allen Grossman, Complainant and Gloria Young, Clerk of the Board

Kimo Crossman, stated that he requested the document to be provided to him in Word format and that viewing the document on the monitor is insufficient. That per the Sunshine Ordinance, records should be provided without unnecessary delay and this is unnecessary delay.

Motion to recommend to the full Task Force with a recommend from the Committee that this matter be referred to the State Attorney General, if the record has not been provided within 5 business days in Word format. (Craven/Comstock)

Ayes: Knee, Comstock, Craven

4.

Discussion: Overview of metadata in electronic records; Presentation by the Department of Telecommunications and Information Services.

Marco Bruno, Department of Telecommunications and Information Services (DTIS) responded to questions from Committee members regarding the services that they provide to the Office of the Clerk of the Board.

Chair Knee, in accordance with Committee consensus requested Mr. Bruno to provide a diagram of servers maintained by DTIS.

Speakers: Kimo Crossman, stated that the questions asked are related to his two outstanding complaints against DTIS for failure to retrieve the document that the Clerk's Office refuses to provide and urged DTIS to provide the document to him. That the Committee should ask DTIS who has control and backups the servers?

Allen Grossman, asked Mr. Bruno if the Sunshine Ordinance Amendment in Word format is saved in the Board of Supervisors' server and who has access to the network.

5.

Possible amendments to Sections 67.15, 67.16, 67.18, and 67.21 to 67.25 of the Sunshine Ordinance and subsequent sections as time permits. (discussion and possible action item) (attachment)

1. Sec. 67.15 Public Testimony
2. Sec. 67.16 Minutes
3. Sec. 67.18 Supervisor of Public Forum (possible new section)
4. Sec. 67.21 Process for Gaining Access to Public Records; Administrative Appeals
5. Sec 67.21-1 Policy Regarding Use and Purchase of Computer Systems.
6. Sec 67.22 Release of Oral Public Information
7. Sec 67.23 Public Review File – Policy Body Communications.
8. Sec 67.24 Public Information that Must Be Disclosed.
9. Sec 67.25 Immediacy of Response

Speakers: Kimo Crossman made the following suggestions: re Section 67.15 – Allow people to submit written comments for the minutes and the record when they cannot attend in person. Allow a limited Point of Order as long as it is not disruptive. Section 67.16 – change the last sentence in the first paragraph to read "Any person speaking during a public comment period may supply a brief written summary of their comments which shall, if no more than 150 words, be included in the minutes integrally, not as a separate document, attachment, or appendix. Section 67.18 – Have an on-call phone number if there is a dispute about a meeting going into closed session or a meeting has not been properly noticed.

Sections 67.15, 67.16 and 67.18 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 67.20 through 67.29-7 of the Sunshine Ordinance for the November 2006, meeting agenda, and to note that subsequent sections may be heard if time permits.

6.

Public comment on items not listed on the agenda.

Speakers: Allen Grossman, said he learned that the Administrator is no longer a full time staff to the Task Force and that violates the Sunshine Ordinance. That the Administrator should take directions from the Task Force, not the Clerk of the Board; therefore, he would like the matter regarding his request for the Sunshine Ordinance in Word format revisited.

Francisco DeCosta, stated that the City Attorney's Office determined the referendum regarding the Bayview project was not insufficient even though the Office of the Clerk of the Board believes proper procedures were followed.

Kimo Crossman, urged the Committee to reopen public comment to allow the public to speak on the Order of Determination of Allen Grossman against the Office of the Clerk of the Board and Sunshine Ordinance Task Force Administrator. That per the Sunshine Ordinance, the Clerk of the Board shall provide a full time staff to the Task Force. Since the current Administrator is serving as the Records Manager and SOTF Administrator, the Clerk's Office is in violation of the Sunshine Ordinance. Informed the Committee that DTIS failed to attend the Complaint Committee scheduled for October 10, 2006 to speak on his complaint against the department.

7.

Administrator's report.

The Administrator submitted the report.

Speakers: Kimo Crossman, reiterated that the Clerk of the Board violated the Sunshine Ordinance by assigning the Administer to do two jobs and urged the Task Force to address that.

Allen Crossman, agreed with Kimo Crossman's statement.

8.

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

There is none.

Speakers: None

Adjournment The meeting was adjourned at 6:48 p.m.

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